HomeMy WebLinkAboutResolution - 2274 - Contract - MSM Architects - Centralized Communication Facility, MS Building - 03_13_1986Resolution #2274
March 13, 1986
Agenda Item #23
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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 a contract
between the City of Lubbock and McLarty, Smith, Meyer Architects AIA for
the construction of a communication center in the Municipal Square Build-
ing, 916 Texas Avenue, attached herewith which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this resolution as if fully copied herein in
detail.
Passed by the City Council this 13th day of March , 1986.
KaneLLe boya, u1Ly 5ecreLary
APPROVED AS T Q ONT ENT :
Bi11,Payne, Assistant City Manager
APPROVED AS TO FORM:
C
iver, Virst Assistant City Attorney
INDEX TO AGREEMENT BETWEEN OWNER AND ARCHITECT...............1986
ARTICLE
1
Architect's Services and Responsibilities
ARTICLE
2
The Owner's Responsibilities
ARTICLE
3
Construction Cost
ARTICLE
4
Direct Personnel Expenses
- ARTICLE
5
Reimbursable Expenses
ARTICLE
6
Payments To The Architect
ARTICLE
7
Architect's Accounting Records
ARTICLE
8
Ownership And Use Of Documents
ARTICLE
9
Arbitration
_ ARTICLE
10
Termination Of Agreement
ARTICLE
11
miscellaneous Provisions
ARTICLE
12
Successors And Assigns
ARTICLE
13
Extent Of Agreement
ARTICLE
14
Basis Of Compensation
_ ARTICLE
15
Other Conditions Or Services
McLartySmithMeyerArchitectsAIA, Inc. 1919 Broadway Lubbock, TX
AGREEMENT BETWEEN OWNER AND ARCHITECT ........................1986
AGREEMENT made as of the 13th day of March in the year of
Nineteen Hundred and Eighty -Six; -
BETWEEN THE OWNER: City of Lubbock
P. 0, Box 2000
Lubbock, Texas 79457
(806) 762-5411
AND THE ARCHITECT: McLartySmithMeyerArchitectsAIA, Inc
1919 Broadway Lubbock, Texas 79401 (806) 763-5046
FOR THE FOLLOWING PROJECT: City of Lubbock Communications
Center at Municipal Square, 916 Texas Avenue
Lubbock, Texas 79457'
THE OWNER AND THE ARCHITECT AGREE AS SET FORTH BELOW.
ARTICLE 1 - ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five phases
described in Paragraphs 10 through 1.5 and include normal
structural, mechanical and electrical engineering services
and any other services included in Article 15 as part of
Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the
Owner to ascertain the requirements of the Project and shall
review the understanding of such requirements with the Owner.
1.1.2 The Architect shall provide a preliminary evaluation of the
program and the Project budget requirements, each in terms of the
other, subject to the limitations set forth in Subparagraph
3.2.1.
1.1.3 The Architect shall review with the Owner alternative
approaches to design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and Project
budget requirements, the Architect shall prepare, for approval by
the Owner, Schematic Design Documents consisting of drawings and
other documents illustrating the scale and relationship of
Project components.
1.1.5 The Architect shall submit to the Owner a Statement of
Probable Construction Cost based upon current area, volume or
other unit costs.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Documents and any
adjustments authorized by the Owner in the program or Project
budget, the Architect shall prepare, for approval by the Owner,
Design Development Documents consisting of drawings and other
documents to fix and describe the size and character of the
entire Project as to architectural, structural, mechanical and
electrical systems, materials and such other elements as may be
appropriate.
1.1.2 The Architect shall submit to the Owner a further Statement
of Probable Construction Cost.
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1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Documents and any
further adjustments in the scope or quality of the Projector in
the Project budget authorized by the Owner, the Architect shall
prepare, for approval by the Owner, Construction Documents
consisting of Drawings and Specifications setting forth in detail
the requirements for the construction of the Project.
1.3.2 The Architect shall assist the Owner in the preparation of
the necessary bidding information, bidding forms, the Conditions
of the Contract, and the form of Agreement between the Owner and
the Contractor.
1.3.3 The Architect shall advise the Owner of any adjustments to
previous Statements of Probable Construction Cost indicated by
changes in requirements or general market conditions.
1.3.4 The Architect shall assist the Owner in connection with the
Owner's responsibility for. -filing documents required for the
approval of governmental authorities having_ jurisdiction over the
Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of the
Construction Documents and of the latest Statement of Probable
Construction Cost, shall assist the Owner in obtaining bids of
negotiated proposals, and assist in awarding and preparing
contracts for construction.
1.5 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.5.1 The Construction Phase will commence with the award of the
Contract for Construction and, together with the Architect's
obligation to provide Basic Services under this Agreement, will
terminate when final payment to the Contractor is due, or in the
absence of a final Certificate of Payment or of such due date,
sixty days after the Date of Substantial Completion of the Work,
whichever occurs first.
1.5.2 Unless otherwise provided in this Agreement and
incorporated in the Contract Documents, the Architect shall
provide administration of the Contract for Construction as set
forth below and in the edition of AIA Document A201, General
Conditions of the Contract for Construction, current as of the
date of this Agreement.
1.5.3 The Architect shall be a representative of the Owner during
the Construction Phase, and shall advise and consult with the
Owner. Instructions to the Contractor shall be forwarded through
the Architect. The Architect shall have authority to act on
behalf of the Owner only to the extent provided in the Contract
Documents unless otherwise_ modified by written instrument in
accordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals appropriate
to the stage of construction or as otherwise agreed by the
Architect in writing to become generally familiar with the
progress and quality of the Work and to determine in general if
the Work is proceeding in accordance with the Contract Documents.
However, the Architect shall not be required to make exhaustive
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or continuous on -site inspections to check the quality, or
quantity of the Work. On the basis of such on -site observations
as an architect, the Architect shall keep the Owner informed of
the progress and quality of the Work, and shall endeavor to guard
the Owner against defects and deficiencies in the Work of the
_ Contractor.
1.5.5 The Architect shall not have control or charge of and shall
not be responsible for construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs
in connection with the Work, for the acts or omissions of the
Contractor, Subcontractors or any other persons performing any of
the Work, or for the failure of any of `them to carry out the Work
in accordance with the Contract Documents.
1.5.6 The Architect shall at all times have access to the Work..
whenever it is in preparation or progress.
1.5.7 The Architect shall determine the amounts owing to the.
Contractor based on observations at the site and on evaluations
of the Contractor's Application for Payment, and shall issue
Cerfificates of Payment in such amounts, as provided in the
Contract Documents.
1.5.8 The issuance of a Certificate for Payment shall constitute
a representation by the Architect to the Owner, based on the
Architect's observations at the site as provided in Subparagraph
1.5.4 and on the data comprising the Contractor's Application for
Payment, that the Work has progressed to the point indicated;
that, to the best of the Architect's knowledge, information and
belief, the quality of the Work is in accordance with the
Contract Documents (subject to an evaluation of the Work for
conformance with the Contract Documents upon Substantial
Completion, to the results of any subsequent tests required by or
performed under the Contract Documents, to minor deviations from
the Contract Documents correctable prior to completion, and to
any specific qualifications stated in the Certificate for
Payment); and that the Contractor is entitled to payment in the
amount certified. However, the issuance of a Certificate for
Payment shall not be a representation that the Architect has made
any examination to ascertain how and for what purpose the
Contractor has used moneys paid on account of the Contract Sum.
1.5.9 The Architect shall be the interpreter of the requirements
of the Contract Documents and the judge of the performance
thereunder by both the Owner and Contractor. The Architect shall
render interpretations necessary for the proper execution or
progress of the Work with reasonable promptness on written
request of either the Owner or the Contractor, and shall render
written decision, within a reasonable time, on all claims,
disputes and other matters in question between the Owner and the
Contractor relating to the execution or progress of the Work or
the interpretation of the Contract Documents.
1.5.10 Interpretations and decisions of the Architect shall be
consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in written or graphic form. In
the capacity of interpreter and judge, the Architect shall
endeavor to secure faithful performance by both the Owner and the
Contractor, shall not show partiality to either, and shall not be
liable for the result of any interpretation or decision rendered
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in good faith in such capacity.
1.5.11 The Architect's decision' in matters relating to artistic
effect shall be final if consistent with the intent of the
Contract Documents. The Architect's decision on any other claims,
disputes or other matters, including those in question between
the Owner and the Contractor, shall be subject to arbitration as
provided in this Agreement and in the Contract Documents.
1.5.12 The Architect shall have authority to reject Work which
does not conform to the Contract. Documents Whenever, in the
Architect's reasonable opinion, it is necessary or advisable for
the implementation of the intent of the Contract Documents, the
Architect will have authority to require special inspection or
testing of the Work in accordance with the provisions of the
Contract Documents, whether or not such Work be then fabricated,
installed or completed.
1.5.13 The Architect shall review and approve or take other
appropriate action upon the Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for conformance with
the design concept of the Work and with the. information given in.
the Contract Documents. Such action shall be taken with
reasonable promptness so as.to cause no delay. The Architect's
approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
1.5.14 The Architect shall prepare Change Orders for the Owner's
approval and execution in accordance with the Contract Documents,
and shall have authority to order minor changes in the Work not
involving an adjustment in the Contract Sum or an extension of
the Contract Time which are not inconsistent with the intent of
the Contract Documents.
1.5.15 The Architect shall conduct inspections to determine the
Dates of Substantial Completion. and Final Completion, shall
receive and forward to the Owner -for the Owner's review written
warranties and related documents required by the Contract
Documents and assembled by the Contractor, and shall issue a
final Certificate for Payment.
1.5.16 The extent of the duties, responsibilities and limitations
of authority of the Architect as the Owner's representative
during construction shall not be modified or extended without
written consent of the Owner, the Contractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more extensive
representation at the site than is described in Paragraph 1.5
shall be provided, the Architect shall provide one or more
Project Representatives to assist the Architect in carrying out
such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be
compensated thereof as mutually agreed between the Owner and the
Architect as set forth in an exhibit appended to this Agreement,
which shall describe the duties, responsibilities and limitations
of such Project Representatives.
1.6.3 Through the observations of such Project Representatives,
the Architect shall endeavor to provide further protection for
the Owner against defects and deficiencies in the Work, but the
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furnishing of such project representation shall not modify the
rights, responsibilities or obligations of the Architect `.'as
described in Paragraph 1.5.
1.7 ADDITIONAL SERVICES
The following services are not included in Basic Services
unless so identified in Article 15. They shall be provided
if authorized or confirmed in writing by the Owner, and they
shall be paid for by the Owner as provided in this
Agreement, in addition to the compensation for Basic
Services.
1.7.1 Providing analyses of the Owner's needs, and programming
the requirements of the Project.
1.7.2 Providing financial feasibility or other special studies.
1.7.3 Providing planning surveys, site evaluations, environmental
studies or comparative studies of prospective sites, and
preparing special surveys, studies and submissions required for
approvals of governmental authorities or others having
jurisdiction over the Project.
1.7.4 Providing services relative to future facilities, systems
and equipment which are not intended to be constructed during the
Construction Phase.
1.7.5 Providing services to investigate existing conditions or
facilities or to make measured drawings thereof, or to verify the
accuracy of drawings or other information furnished by'the Owner.
1.7.6 Preparing documents of alternate, separate or sequential
bids or providing extra services in connection with bidding,
negotiation or construction prior to the completion of the
Construction Document Phase, when requested by the Owner.
1.7.7 Providing coordination of Work performed by separate
contractors or by the Owner's own forces.
1.7.8 Providing services in connection with the work of a
construction manager or separate consultants retained by the
Owner.
1.7.9 Providing Detailed Estimates of Construction Cost, analyses
of owning and operating costs, or detailed quantity surveys or
Inventories of material, equipment and labor.
1.7.10 Providing interior design and other similar services
required for or in connection with the selection, procurement or
installation of furniture, furnishings and related equipment.
1.7.11 Providing services for planning tenant or rental spaces.
1.7.12 making revisions in Drawings, Specifications or other
documents when such revisions are inconsistent with written
approvals or instructions previously given, are required by the
enactment or revision of codes, laws or regulations subsequent to
the preperation of such documents or are due to other causes not
solely within the control of the Architect.
1.7.13 Preparing Drawings, Specifications and supporting data and
providing other services in connection with Change Orders to the
extent that the adjustment in the Basic Compensation resulting
from the adjusted Construction Cost is not commensurate with the
services required of the Architect, provided such Change Orders
are required by causes not solely within the control of the
Architect.
1.7.14 Faking investigations, surveys, valuations, inventories or
detailed appraisals of existing facilities, and services required
in connection with construction performed by the Owner.
1.7.15 Providing consultationconcerning replacement of any Work
damaged by fire or other cause during construction, and
furnishing services as may required in connection with the
replacement of such Work.
1.7.16 Providing services made necessary by the default of the
Contractor, or by major defects or deficiencies in the Work of
the Contractor, or by failure of performance of either the Owner
or Contractor under the Contract for Construction.
1.7.17 Preparing a set of reproducible record drawings shoaling'
significant changes in the Work made during construction based on`_!"
marked -up prints, drawings and other data furnished by they%
Contractor to the Architect.
1.7.1E Providing extensive assistance in the utilization of any'
equipment or system such.; as., initial start-up or testing,
adjusting and balancing, prePeration of operation and maintenance
manuals, training personnel for operation and maintenance and
consulting during operation.
1.7.19 Providing services after issuance to the Owner of the
final Certificate for Payment`, or in the absence of a final
Certificate for Payment, more than sixty days after the Date of
Substantial Completion of the Work.
1.7.20 Preparing to serve or serving as an expert witness in
connection with any public he�r'ing, arbitration proceeding or
legal proceeding.
1.7.21 Providing services of consultants for other than normal
architectural, structural, mechanical and electrical engineering
services for the Project.
1.7.22 Providing any other services not otherwise included in
this Agreement or not customarily furnished in accordance with
generally accepted architectural practice.
1.8 TIME
1.6.1 The Architect shall perform Basic and Additional Services
as expeditiously as is consistent with professional skill and
care and the orderly progress of the Work. Upon request of the
Owner, the Architect shall;.s,u;bmit for the Owner's approval a
schedule for the performance.;of,the Architects services which
shall be adjusted as required as the Project proceeds, and shall
include allowances for periods of time required for the Owner's
review and approval of submissions and for approval of
authorities having jurisdiction over the Project. This schedule,
when approved by the Owner, shall not except for reasonable
cause, be exceeded by the Architect.
ARTICLE 2 - THE OWNERS RESPONSIBILITIES
2.1 The Owner shall provide full information regarding
requirements for the Project including a program, which shall set
forth the Ownerfs design objectives, constraints and criteria,
including space, requirements and relationships, flexibility and
expandability, special equipm'ent and systems and site
requirements.
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2.2 If the Owner provides a budget for the Project it shall
include contingencies for bidding, changes in the Work during
construction, and other costs which are the responsibility of the
Owner, including those described in this Article 2 and in
Subparagraph 3.1.2. The Owner shall, at the request of the
Architect, provide a statement of funds available for the
Project, and their source.
2.3 The Owner shall designate, when necessary, a representative
authorized to act in the Owners behalf with respect to the
Project. The Owner or such authorized representative shall
examine the documents submitted by the Architect and shall render
decisions pertaining thereto promptly, to avoid unreasonable
delay in the progress of the Architect's services.
2.4 The Owner shall furnish a legal description and a certified
land survey of the site, giving, as applicable, grades and lines
of streets, alleys, pavements and adjoining property; rights -of -
way, restrictions, easements, encroachments, zoning, deed
restrictions, boundries and contours of the site; locations,
dimensions and complete data pertaining to existing buildings,
other improvements and trees; and full information concerning
available service and utility lines both public and private,
above and below grade, including inverts and depths.
2.5 The Owner shall furnish the services of a soil engineer or
other consultants when such services are deemed necessary by the
Architect. Such services shall include test borings, test pits,
soil bearing values, percolation tests, air and water pollution
tests, ground corrosion and resistivity tests, including
necessary operations for determining sub -soil, air and water
conditions, with reports and appropriate professional
recommendations.
2.6 The Owner shall furnish structural, mechanical, chemical and
other laboratory tests, inspections and reports as required by
law or the Contract Documents.
2.7 The Owner shall furnish all legal, accounting and insurance
counciling services as may be necessary at any time for the
Project, including such auditing services as the Owner may
require to varify the Contractor's Applications for Payment or to
asertain how or for what purposes the Contractor uses the moneys
paid by or on behalf of the Owner.
2.8 The services, information, surveys and reports required by
Paragraphs 2.4 through 2.7 inclusive shall be furnished at the
Owner's expense, and the Architect shall be entitled to rely upon
the accuracy and completeness thereof.
2.9 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or nonconformance with the Contract
Documents, prompt written notice thereof shall be given by the
Owner to the Architect.
2.10 The Owner shall furnish required information and services
and shall render approvals and decisions as expeditiously as
necessary for the orderly progress of the Architect's services
and of the Work.
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ARTICLE 3 - 3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or estimated
cost to the Owner of all elements of the Project designed or
specified by the Architect.
3.1.2 The Construction Cost shall include at current market
rates, including a reasonable allowance for overhead and profit,
the cost of labor and materials furnished by the Owner and any
equipment which has been designed, specified, selected or
specially provided for by the Architect.
3.1.3 Construction Cost does not include the compensation of the
Architect and the Architect's consultants, the:cost of the land,
rights -of -way, or other costs which.are the responsibility of the
Owner as provided in Article 2.
3.2 RESPONSIBILITY FOR CONSTRUCTION COST
3.2.1 Evaluation of the Owner's Project budget, Statements of
Probable Construction Cost and Detailed Estimates of Construction
Cost, if any, prepared by the Architect, represents the
Architect's best judgement as a design professional familiar with
the construction industry. It 'is' recognized, however, that
neither the Architect nor the Owner has control over the cost of
labor, materials or equipment, over -the Contractor's methods of
determining bid prices, or over competitive bidding, market or
negotiating conditions. Accordinglyt the -Architect cannot and
does not warrant or represent that bids or negotiated prices will
not vary from the Project budget proposed, established or
approved by the Owner, if any, or,from any Statement of Probable
Construction Cost or other cost estimate or evaluation prepared
by the Architect.
3.2.2 No fixed limit of Construction Cost shall be established as
a condition of this Agreement by the furnishing, proposal or
establishment of a Project budget under Subparagraph 1.1.2 or
Paragraph 2.2 or otherwise, unless such fixed limit has been
agreed upon in writing and signed by the parties hereto. If such
a fixed limit has been established, the Architect shall be
permitted to include contingencies for design, bidding and price
escalation, to determine what materials, equipment, component
systems and types of construction are to be included in the
Contract Documents, to make reasonable adjustments in the scope
of the Project and to include in the Contract Documents alternate
bids to adjust the Construction Cost to the fixed limit. Any such
fixed limit shall be increased in the amount of any increase in
the Contract Sum occuring after execution of the Contract for
Construction.
3.2.3 If the Bidding or Negotiation Phase has not commenced
within three months after the Architect submits the Construction
Documents to the Owner, any Project budget or fixed limit of
Construction Cost shall be adjusted to reflect any changes in the
general level of prices in the construction industry between the
date of submission of the Construction Cocuments to the Owner and
the date on which proposals are $ought.
3.2.4 If a Project budget or fixed limit of Construction Cost
(adjusted as provided in Subparagraph 3.2.3) is exceeded by the
lowest bona fide bid or negotiated proposal, the Owner shall (1)
give written approval of an increase in such fixed limit., (2)
a
authorize rebidding or renegotiating of the Project within a
reasonable time, (3) if the Project is abandoned, terminate in
accordance with Paragraph 10.2, or (4) cooperate in revising the
Project scope and quality as required to reduce the Construction
Cost. In the case of (4), provided a fixed limit of Construction
Cost has been established as a condition of this Agreement, the
Architect, without additional charge, shall modify the Drawings
and Specifications as necessary to comply with the fixed limit.
The providing of such service shall be the limit of the
Architects responsibility arising from the establishment of such
fixed limit, and having done so, the Architect shall be entitled
to compensation for all services performed, in accordance with
this Agreement, whether or ,'not the Construction Phase is
commenced.
ARTICLE 4 - DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct salaries of
all the Architect's personnel engaged on the Project, and the
portion of the cost of their mandatory and customary
contributions and benefits related thereto, such as employment
taxes and other statutory employee benefits, insurance, sick -
leave, holidays, vacations, pensions and similar contributions
and benefits.
ARTICLE 5 - REIMBURSABLE EXPENSES
5.1 Reinbursable Expenses are in addition to the Compensation for
Basic and Additional Services and include actual expenditures
made by the Architect and the Architect's employees and
consultants in the interest of the Project for the expenses
listed in the following Subparagraphs:
5.1.1 Expense of fees paid for securing approval of authorities
having jurisdiction over the Project.
5.1.2 Expense of reproduction postage and handling of Drawings,
Specifications and other documents above and beyond the first Ten
(10) sets of Drawings and Specifications. These first Ten Sets
are furnished to the Owner FREE OF CHARGE.
5.1.3 Expense of data processing and photographic production
techniques when used in connection with Additional Services.
5.1.4 If authorized in advance by the Owner, expense of overtime
work requiring higher than regular rates.
5.1.5 Expense of models and mock-ups requested by the Owner.
5.1.6 Expense of any additional insurance coverage or limits,
including professional liability insurance, requested by the
Owner in excess of that normally carried by the Architect and the
Architect's consultants.
ARTICLE 6 - PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 Payments for Basic Services shall be made monthly and shall
be in proportion to services performed within each Phase of
service, on the basis set forth in Article 14.
6.1.2 If and to the extent that the Contract Time initially
established in the Contract for Construction is exceeded or
extended through no fault of the Architect, compensation for any
Basic Services required for such extended period of
0
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Administration of the Construction Contract shall be computed as
set forth in Paragraph 14.4 for Additional Services.
6.1.3 When compensation is based on _a percentage of Construction
Cost, and any portions of the Project are deleted or otherwise
not constructed, compensation for such portions of the Project
shall be payable to the extent services are performed on such
portions, in accordance with the schedule set forth in
Subparagraph 14.2.2, based on (1) the lowest bona fide bid or
negotiated proposal or (2) if no such bid or proposal is received
the most recent Statement of Probable Construction Cost or
Detailed Estimate of Construction Cost for such portions of the
Project.
6.2 PAYMENTS ON ACCOUNT OF ADD'iTIONAL SERVICES
6.2.1 Payments on account of. the'Architect's Additional Services A
as defined in Paragraph 1.7`'and for Reimbursable Expenses as
defined in Article 5 shall be made monttl,y_upon presentation of
the Architect's statement of service's. rendered or expenses
incurred. a:
6.3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages or other
sums withheld from payments to contractors, or on account of the
cost of changes in the Work other than those for which the
Architect is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINATION
6.4.1 If the Project is suspended or abandoned in whole or part
for more than three months, the Architect.shall be compensated
for all services performed prior to receipt of written notice
from the Owner of such suspension or abandonment, together with
Reinbursable Expenses then due and all Termination Expenses as
defined in Paragraph 10.4. If the Project is resumed after being
suspended for more than three months, the Architect's
compensation shall be equitably adjusted.
ARTICLE 7 — ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reinbursable Expenses and expenses pertaining to
Additional Services and services performed on the basis of a
Multiple of Direct Personnel Expenses shall be kept on the basis
of generally accepted accounting principals and shall be
available to the Owner or the Owner's authorizedrepresentative
at mutually convenient times.
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ARTICLE 9 - ARBITRATION
9.1 All claims, disputes and other matters in question between
the parties of this Agreement, arising out of or relating to this
Agreement or the breach thereof, shall be decided by arbitration
in.accordance with the Construction Industry Arbitration Rules of
the American Arbitration Association then obtaining unless the
parties mutually agree otherwise. No arbitration, arising out of
or relating to this Agreement, shall include, by consolidation,
joinder or in any other manner, any additional person not a party
to this Agreement except by 'Written consent containing a specific
reference to this Agreement and signed by the Architect, the
Owner, and any other person sought to be joined. Any consent to
arbitration involving an additional person or persons shall not
constitute consent to arbitration of any dispute not described
therein or with any person not named or described herein. This
Agreement to arbitrate with an additional person or persons duly
consented to by the Parties to this Agreement shall be
specifically enforceable under the prevailing arbitration law.
9.2 Notice of the demand for arbitration shall be filed in
writing with the other party to this Agreement and with the
American Arbitration Association. The demand shall be made within
a reasonable time after the claim, dispute or other matter in
question has arisen. In no event shall the demand for arbitration
be made after the date when institution of legal or equitable
proceedings based on such claims, dispute or other matter in
question would be barred by the applicable statute of
limitations.
9.3 The award rendered by the arbitrators shall be final, and
judgement may be entered upon it in accordance with applicable
law in any court having jurisdiction thereof.
ARTICLE 10 - TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party upon seven
days' written notice should the other party fail substantially to
perform in accordance with its terms through no fault of the
party initiating the termination.
.10.2 This Agreement may be terminated by the Owner upon at least
seven days' written notice to the Architect in the event that the
Project is permanently abandoned.
10.3 In the event of termination not the fault of the Architect,
the Architect shall be compensated for all services performed to
termination date, together with Reimbursable Expenses then due
and all Termination Expenses as defined in Paragraph 10.4.
10.4 Termination Expenses include expenses directly attributable
to termination for which the Architect is not otherwise
compensated, plus an amount computed as a percentage of the total
Basic and Additional Compensation earned to the time of
termination, as follows:
.1 20 percent if termination occurs during the Schematic
Design Phase; or
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.2 10 percent if termination occurs during Design
Development Phase; or
.3 5 percent if termination occurs during any subsequent
phase.
ARTICLE 11 - MISCELLANEOUS PROVISIONS
11.1 Unless otherwise specified, this Agreement shall be governed
by the law of the principal place of business of the Architect.
11.2 Terms in this Agreement shall have the same meaning as those
in AIA Document A201, General.Conditions of the Contract for
Construction, current as of the date of this Agreement.
11.3 As between the parties to this Agreement: as to all acts or
failures to act by either party to this Agreement, any applicable
statute of limitations shall commence to run and any alleged
cause of action shall be deemed to have occured in any and all
events not later than the relevant Date of Substantial Completion
of the Work, and as to any acts or failures to act occuring after
the relevant Dates of Substantia Completion, not later than the
date of issuance of the final Certificate for Payment.
11.4 The Owner and the Architect waive all rights against each
other and against the contractors, consultants, agents and
employees of the other for damages covered by any property
insurance during construction as set forth in the edition of AIA'
Document A201, General Conditions, current as of the date of this
Agreement. The Owner and the.' Architect each shall require
appropriate similar waivers from their contractors, consultants
and agents.
ARTICLE 12 - SUCCESSORS AND ASSIGNS
12.1 The Owner and the Architect, respectively, bind themselves,
their partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party
with respect to all covenants'of this Agreement. Neither the
Owner nor the Architect shall assign, sublet or transfer any
interest. in this. Agreement without the written consent of the
other.
ARTICLE 13 - EXTENT OF AGREEMENT
13.1 This Agreement represents the entire and integrated
agreement between the Owner and the Architect and supersedes all
prior negotiations, representations or agreements, either written
or oral. This Agreement may be amended only by written instrument
signed by both.Owner and Architect.
ARTICLE 14 BASIC COMPENSATION
14.1 The Owner shall compensate the Architect for the Scope of
Services provided, in accordance with Article 6, Payments to the
Architect, and the other Terms and Conditions of this Agreement.
14.2 BASIC COMPENSATION
14.2.1 For Basic Services, as described in Paragraphs 1.1 through
1.5, and any other services included in Article 15 as part of
Basic Services, Basic Compensation shall be computed as follows:
HOURLY RATE (SEE 14.4) WITH A MAXIMUM FEE OF $5,200.00
14.2.2 When compensation is based on a Stipulated Sum or
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Percentage of Construction Cost, payments for Basic Services
shall be made as provided in Subparagraph 6.1.2, so that Basic
Compensation for each Phase shall equal the following percentages
to the total Basic Compensation payable:
Schematic Design Phase
Fifteen
Percent
(15%)
Design Development Phase
Twenty
Percent
(20%)
Construction Document Phase
Forty
Percent
(40%)
Bidding or Negotiation Phase
Five
Percent
(05%)
Construction Phase
Twenty
Percent
(20%)
14.3 For Project Representation Beyond Basic Services, as
described in Paragraph 1.6, Compensation shall be computed
separately in accordance with -Subparagraph 1.6.2.
14.4 COMPENSATION FOR ADDITIONAL SERVICES
14.4.1 For Additional Services of the Architect, as described in
Paragraph 1.7, and any other services included in Article 15 as
part of Additional Services, but excluding Additional Services
of consultants, Compensation shall be computed as follows:
a. Principals' Time 0 $50.00 per hour
b. Architects' Time 0 $40.00 per hour (other than partners)
c. Architects -in -Training Time 0 $30.00 per hour
d. Draftsmens' Time 0 2.75 x hourly rate
e. Secretarial Time 0 2.75 x hourly rate
f. Consultants' Time 0 $50.00 per hour
14.4.2 For Additional Services of Consultants, including
additional structural, mechanical and electrical engineering
services and those provided under Subparagraph 1.7.21 or
identified in Article 15 as part of Additional Services, a
multiple of 1.10 x the amounts billed to the Architect for such
services.
14.5 For Reinbursable Expenses, as described in Article 5, and
any other items included in Article 15 as Reimbursable Expenses,
a multiple of 1.00 x the amounts expended by the Architect, the
Architect's employees and consultants in the interest of the
Project.
14.6 Payments due the Architect and unpaid under this Agreement
shall bear interest from the date payment is due at the legal
rate prevailing at the principal place of business of the
Architect.
14.7 The Owner and the Architect agree in accordance with the
Terms and Conditions of this Agreement that:
14.7.1 If the Scope of the Project or of the Architect's Services
is changed materially, the amounts of compensation shall be
equitably adjusted.
14.7.2 If the Services covered by this Agreement have not been
completed within Twelve (12) Months of the date hereof, through
no fault of the Architect, the amounts of compensation, rates and
multiples set forth herein shall be equitably adjusted.
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ARTICLE 15 - OTHER CONDITIONS OR SERVICES
15.1 The Texas Board of Architectural Examiners, 8213 Shoal Creek
Blvd., #107, Austin, TX 78758, Telephone: (512) 458-1363, has
jurisdiction over individuals licensed under the Architects
Registration Law, Article 249a, VTCS.
15.2 The Architect agrees to furnish Owner, upon request, a set
of reproducible record drawings which reflect significant changes
made during construction. These drawings and specifications
shall become sole property of the Owner.
15.3 The Architect agrees that work on the Project shall not.T;
commence until the Owner issues a "Notice to Proceed" authorizing
the Architect to begin work.
15.4 The Architect agrees to furnish the Owner with Ten (10) sets
of Plans and Specifications at 'no cost to the Owner. Additional
sets requested by the Owner shall be�� id for, 'by the Owner at a
cost to cover reproduction and hand/ling only.
15.5 The Architect agrees to notify the Owner immediately of any
claims against the Contractor by Subcontractor.s or Materialmen
which are submitted to the Architect.
15.6 The Architect agrees to,design the -project within a budget
limitation of $75,000 subject to conditions set forth under
paragraph 3.2.1, 3.2.2, 3.2.3 and,
3.2.4. If the project cannot
be awarded within the budgeted funds, the Architect agrees to
revise the Contract Documents as required to reduce the
Construction Cost to meet budget limitations, with no increase in
the Architect's Basic Compensation. Such reduction shall not
reduce the scope of the project so much that those requirements
stated in the request for Architect's Proposals were no longer
met.
15.7 This project is funded through Federal Revenue Sharing
Funds. The Architect shall take this into account and shall
prepare plans and specifications so they conform with regulations
associated with this federal funding.
15.8 Whenever reference is made to an addition of AIA Document
A201 on the General Conditions of the Contract for Construction
which constitutes a part of said AIA Document A201, such
reference is hereby amended by substituting for AIA Document A201
in said General Conditions the current version of the Standard
City of Lubbock Revenue Sharing Contract and the General
Conditions thereof.
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This Agreement entered into as of the day and year first
written above.
OWNER
City of Lubbock
P. 0. Box 2000
Lubbock, Tex. 79457
B
A
McLartySmithMeyerArchitectsAIA,Inc
1919 Broadway
Lubbock, TX 79401
763-5046
Gary W. Smith, AIA, Partner
APPROVED AS TO FORM APPROVEZAST ONTENT
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