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HomeMy WebLinkAboutResolution - 052666H - Agreement - Stiles, Roberts & Messersmith, Architects & Engineers - 05_26_1966 tf! RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement with Stiles, Roberts & Messersmith, Architects & Engineers, Lubbock, Texas, for the preparation of plans and specifications for the Fire Station at 50th & Utica Avenue and the Animal Shelter. Passed by the City Council this 26th day of May, 1966. 'r W. D. Roger , , Mayo ATTE ; .`-'.7,) Lav ia: Lowey..Cit ,Secretary-Treasurer APP Fred 0. Senter, Jr., CitV11 torney .t ^ ..? ;'- .. .<.• , ill:' "fi , ,::,,,i.•I s:+ .01 iMl.V< .:141. :ilt+? - (' ! 1; C;'i e;: :�I.il,s�s' c::;I ,uciz pu;iza.�t: jaa THE STANDARD.FORM: OF."AGREEMENT. BETWEEN,.,;,,II A o OWNER AND ARCHITECT,, WORD ET THE AMERICAN tNSTfrUTR OF ARCHrrECTS FOR USE WHEN A-....,,,, �LV?-!W-a ' PERCENTAGE OF THE COST OF THE WORE:FORMS THE BASIS OF PAYMENT,. , :;..,.. ` . I ''ANDENCINEER& FEES ARE INCLVDED IN THE ARCHITECT'S FEE.; (,t :;I•� I':1'.�:. i:::�� �:C sErm EDr170N=cDPTRIGHT 1948-1951 ET THE AMERICAN INsnTuTE OF ARCHITECTEI.WAE61NCi";D G':"t.l ''I,"!• "PHIS AGREEMENT made the day of.: tune ..in the year.Nineteen Hundred and.......Sljcty;,SIK .... ..„.. b and between..... .......... ....... .....„.. y r�rr „..: ...... ....The•CItx of.Lubbock; Texas;.«.«......f.......«.. ...„i.«.....„„........ ...... .....:.......:... ....... .................. ....... ...........hereinafter"called'tlie`Owner,1 and Stj Iasi„Roberts d Mssersmi'th,,,,ArFjjtQ�t�-$•,Engineers,,Lubbock�•;Texas•...4 •. -----. hereinafter called the Architect," WITNESSETH, that whereas the Owner intends to eiect.;.......::.iLF-.l'r->9_:_:... .....1:..: ..•.Station at•50th d Utica;..Lubbock1.Texas and!-an:AnimaI :Shelter at, IJ, Lubbock,,Texas' .....: ::,.. .,;:hereinafter''called the Work; NOW, THEREFORE,,the Owner- and;.the Architecti..for.the considerations, hereinafter named, agree as follows: { The Architect agrees to perform,for the`above named Work, professional sere-,'. ices as hereinafter set forth. The Owner agrees to pay the Architect for16ch''servV! ,'':'fee ofstx.1620:..::` per cent of the cost of the Work,with other payments and.reimbursements as herein- after provided, the said percentage. being hereinafter called! the Basic Rate.- ..................................................... ......... .... ...... :rr...,.r.. ..... .. A ...... ............ „.-. ::............... tz ...«.....:: N .._ _ ,., r 7':�, 'i _.. ,. �t'.,i , .,,....:.. l! !. ,fit• � A Form B-121 (formerly B-102) The parties hereto further agree to the following and in proportion to the amount of service ren- eonditions: dered by the Architect, payments shall be made 1. The Architect's Services.—The Architect's until the aggregate of all payments made on ac- professional services consist of the necessary con- count of the fee under this Article, but not in- ferences, the preparation of preliminary studies, eluding any covered by the provisions of Article 4, working drawings, specifications, large scale and shall be the sum equal to the rate or rates of com- full size detail drawings, for architectural, struc- mission arising from this agreement, computed upon tural, plumbing, heating, electrical, and other the final cost of the Work. mechanical work; assistance in the drafting of Payments to the Architect, other than those on forms of proposals and contracts; the issuance of his fee, fall due from time to time as his work is certificates of payment; the keeping of accounts, the done or as costs are incurred. general administration of the business and super- No deductions shall be made from the Archi- vision of the Work, tect's fee on account of penalty, liquidated damages, or other sums withheld from payments to contrac- 11� tors, n j MXK1AXX XX)�QX"XAXXX"W 99 1M 6. Information furnished by Owner.—The C� 1 Owner shall, so far as the work under this agree- ment may require, furnish the Architect with the following information: A complete and accurate 'X X-X survey of the building site, giving the grades and lines of streets,pavements,and adjoining properties; the rights, restrictions, easements, boundaries, and 3. Separate Contracts.—The Basic Rate ap- contours of the building site, and full information plies to work let under a single contract. For any as to sewer, water, gas and electrical service. The portions of the Work let under separate contracts, Owner is to pay for borings or test pits and for on account of extra service thereby required, the chemical, mechanical, or other tests when re- rate shall be four per cent greater, and if substan- quired. tially all the Work is so let the higher rate shall The Owner shall provide all legal advice and apply to the entire Work; but there shall be no services required for the operation. such increase on the plumbing, heating, electrical 7. Supervision of the Work.—The Architect and other mechanical work or on any contracts will endeavor by general supervision to guard the in connection with which the Owner reimburses Owner against defects and deficiencies in the work special consultants' fees to the Architect, or for of contractors, but he does not guarantee the per- articles not designed by the Architect but pur- formance of their contracts. The general super- chased under his direction. vision of the Architect is to be distinguished from 4.Extra Services and Special Cases.—If the the continuous on-site inspection of a clerk-of-the- Architect is caused extra drafting or other expense works. due to changes ordered by the Owner, or due to When authorized by the Owner, a clerk-of-the- the delinquency or insolvency of the Owner or Con- works acceptable to both Owner and Architect tractor, or as a result of damage by fire, he shall shall be engaged by the Architect at a salary satis- be equitably paid for such extra expense and the sery factory to the Owner and paid by the Owner, ice involved. upon presentation of the Architect's monthly state- . Work let on any cost-plus basis shall be the sub- menns. ject of a special charge in accord with the special g preliminary Estimates:When requested service required, to do so the Architect will furnish preliminary es- If any work designed or specified by the Archi- timates on the cost of the Work, but he does not tect is abandoned or suspended, in whole or in part, guarantee such estimates. the Architect is to be paid for the service rendered on account of it. 9. Definition of the Cost of the Work.= 5.Payments.—Payments to the Architect on The cost of the Work, as herein referred to, means account of his fee shall be made as follows, subject the cost to the Owner, but such cost shall not in- to the provisions of Article 4: elude any Architects or Special Consultants fees Upon completion of the preliminary studies, a ' or reimbursements or the cost of a clerk-of-the- sum equal to 257o of the basic rate computed upon: Forks. a reasonable estimated cost. When labor or material is furnished by the Owner During the period of preparation of specifications below its market cost the cost of the work shall be and general working drawings monthly payments computed upon such market cost. aggregating at the completion thereof a sum suffi- 10. Ownership of Documents.—Drawings cient to increase payments to 757o of the rate or and specifications as instruments of service are the rates of commission arising from this agreement, property of the Architect whether the work for computed upon a reasonable cost estimated on such which they are made be executed or not, and are completed specifications and drawings, or if bids : not to be used on other work except by agreement have been received, then computed upon the lowest with the Architect. bona fide bid or bids. 11. Successors and Assignments.—The From time to time during the execution of work Owner and the Architect, each binds himself, his • �1 Form B-121 (formerly B-102) partners,successors,legal representatives,and assigns in this agreement without the written consent of the to .the other party to this agreement, and to the other. partners, successors,legal representatives and assigns 12. Arbitration.—All questions in dispute of such other party in respect of all covenants of under this agreement shall be submitted to arbitra- this agreement. tion at the choice of either party,in accordance with the provisions,then obtaining,of the Standard Form Except as above, neither the Owner nor the of Arbitration Procedure of The American Institute Architect shall assign, sublet or transfer his interest of Architects. 13. Fire Station cost to be 45-55 thousand including architectural fees. 14. Animal Shelter plans for estimated cost of 40 thousand with first phase to cost 30 thousand including architectural fees. 15. Landscape plans to be developed by city. 16. Construction of both facilities shall be In one contract. The Owner and the Architect hereby agree to the full performance of the cove- nants contained herein. IN WITNESS WHEREOF they have executed this agreement, the day and year first above written, - THE CITY BOCK,; LUBBOCK EXAS Owner ..1... W. D. ROGERS; yor STILES' ROBERTS & MESSE MTHf--,, / ^ Architect .... . JLU...�:Y__ ®R � --; l=1RE ���`;,ON, •sty 4\I`r!h'L4\L .01!iEl,j=c� t�- .^_•.^! CME(:��N•..:.`r V;VGG►+ l a!o 'tors =-D yl' Air r� �4t.Y * ALT AI,T Ar.T 1 a.T # ,a.r AL7 aL1,r IgoyD ? ! ^ 3 L � ( G 7 © I Q I` ! 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