HomeMy WebLinkAboutResolution - 2001-R0268 - Contract For Architect-Engineering Services For Silent Wings Museum - 06/26/2001Resolution No. 2001-RO268
June 26, 2001
Item No. 40
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, a Contract for architect -
engineering services for Silent Wings Museum, by and between the City of Lubbock
and Hellmuth, Obata + Kassabaum, L.P. of Lubbock, Texas, and related documents.
Said Contract is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 26th day of June _, 2001.
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ATTEST:
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Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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Victor KilmanLTurchasing Manager
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
gs/ccdocs/Contract-Silent Wings Museum.res
June 4, 2001
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AGREEMENT
Resolution No. 2001-R0268
June 26, 2001
Item No. 40
BETWEEN THE CITY OF LUBBOCK, TEXAS (OWNER)
AND
HELLMUTH OBATA + KASSABAUM, L.P. (ARCHITECT)
FOR
ARCHITECTURAL AND EXHIBIT DESIGN SERVICES
Based in part on AIA Copyright Document B141,1987 Edition
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AGREEMENT
AGREEMENT
made as of the 26th day of June in the year of Two Thousand and One
BETWEEN the Owner:
The City of Lubbock, Texas
P.O. Box 2000
Lubbock, Texas 79457
and the Architect:
Hellmuth Obata + Kassabaum, L.P.
2001 Ross Avenue, Suite 2800
Dallas, Texas 75201
For the Following Project:
The renovation of the un -occupied portion of the 1950 Lubbock Airport
Passenger Terminal to be used as the Silent Wings Museum. The project
will include interior renovations of approximately 23,700 square feet,
limited exterior alterations, new construction of approximately 8,250
square feet for glider display, and exhibit design services for the museum
areas. The interior renovations will include display and exhibit space,
shop and storage areas, office areas, gift shop, theater, future kitchen area,
and support areas such as waiting areas, restrooms, etc. The exhibit
design services will provide for approximately 19,000 square feet of
museum, display, and gallery areas. The interior renovations will be
limited to the first floor with no work occurring on the second or third
floors. Based upon these pre -conceptual areas and functions, the pre -
conceptual cost for construction is estimated at approximately $1,482,200.
The estimated cost of construction for the exhibits is $400,000.
The Owner and the Architect agree as set forth below.
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND
ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services performed by the Architect,
Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of
this Agreement and any other services included in Article 12.
1.1.2 The Architect's services shall be performed 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 submit for the Owner's approval a schedule for the
performance of the Architect's services which may be adjusted as the Project proceeds,
and shall include allowances for periods of time required for the Owner's review and
for approval of submissions by authorities having jurisdiction over the Project. Time
limits established by this schedule once approved by the Owner shall not, except for
reasonable cause, be exceeded by the Architect or Owner.
1.1.3 The services covered by this Agreement are subject to the time limitations
contained in Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Architectural Services consist of those described in
Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of
Basic Services, and include normal structural, mechanical and electrical engineering
services. Structural engineering services shall be limited to new construction and
miscellaneous interior construction in the renovated areas. No services will be
provided with regard to the detection, removal, disposal or storage of asbestos and or
other hazardous materials. No services will be provided in the Basic Services for civil
engineering, landscape architects, food service consultants, or audio, visual, acoustical
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consultants. The Architect's Exhibit Design Services consist of those described in
Paragraphs 2.7 through 2.10.3.
2.2 BASIC ARCHITECTURAL SERVICES- SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by the Owner to ascertain the
requirements of the Project and shall arrive at a mutual understanding of such
requirements with the Owner.
2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program,
schedule and construction budget requirements, each in terms of the other, subject to
the limitations set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative approaches to design and
construction of the Project.
2.2.4 The Architect will receive documents from the Owner indicating existing
building improvements, utility improvements, and site improvements. The Architect
will verify the documents for accuracy through on-site visual observation and will
prepare base drawings which reflect existing conditions. Extensive structural or
mechanical or electrical analyses will not be undertaken as part of the Basic Services.
2.2.5 Based on the mutually agreed-upon program, schedule and construction 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. These drawings will include a conceptual master
plan for future building expansion.
2.3 BASIC ARCHITECTURAL SERVICES DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments
authorized by the Owner in the program, schedule or construction 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 Project as to architectural, structural, mechanical and electrical systems, material
and such other elements as may be appropriate.
2.4 BASIC ARCHITECTURAL SERVICES- CONSTRUCTION DOCUMENTS
PHASE
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2.4.1 Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the Project or in the construction 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.
2.4.2 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 Contractor.
2.4.3 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.
2.5 BASIC ARCHITECTURAL SERVICES- BIDDING OR NEGOTIATING PHASE
2.5.1 The Architect, following the Owner's approval of the Construction Documents
and of the latest preliminary estimate of Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals and assist in awarding and preparing contracts
for construction.
2.6 BASIC ARCHITECTURAL SERVICES- CONSTRUCTION PHASE -
ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the Contract for
Construction and terminates at the earlier of the issuance to the Owner of the final
Certificate for Payment or 60 days after the date of Substantial Completion of the Work.
2.6.2 The Architect shall provide administration of the Contract for Construction as
set forth below and in the 1997 edition of AIA Document A201, General Conditions of
the Contract for Construction.
2.6.3 The duties, responsibilities and limitations of authority of the Architect shall not
be restricted, modified or extended without written agreement of the Owner and
Architect with consent of the Contractor, which consent shall not be unreasonably
withheld.
2.6.4 The Architect shall be a representative of and shall advise and consult with the
Owner: (1) during construction until final payment to the contractor is due and, (2) as
an Additional Service at the Owner's direction from time to time during the correction
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period described in the Contract for Construction. The Architect shall have authority
to act on behalf of the Owner only to the extent provided in this Agreement unless
otherwise modified by written instrument.
2.6.5 The Architect shall visit the site at intervals appropriate to the stage of
construction or as otherwise agreed by the Owner and Architect in writing to become
generally familiar with the progress and quality of the Work completed and to
determine in general if the Work is being performed in a manner indicating that the
Work when completed will be in accordance with the Contract Documents. However,
the Architect shall not be required to make exhaustive or continuous on-site
observations or inspections to check the quality or quantity of the Work. On the basis
of 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.
2.6.6 The Architect shall not have control over 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, since these are solely
the Contractor's responsibility under the Contract for Construction. The Architect shall
not be responsible for the Contractor's schedules or failure to carry out the Work in
accordance with the Contract Documents. The Architect shall not have control over or
charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the Work.
2.6.7 The Architect shall at all times have access to the Work wherever it is in
preparation or progress.
2.6.8 Communications by and with the Architect's consultants shall be through the
Architect. Copies of all significant communications between Owner and Contractor
shall be provided to the Architect in a timely manner.
2.6.9 Based on the Architect's observations and evaluations of the Contractor's
Applications for Payment, the Architect shall review and certify the amounts due the
Contractor.
2.6.10 The Architect's certification for payment shall constitute a representation to the
Owner, based on the Architect's observations at the site as provided in Subparagraph
2.6.5 and on the data comprising the Contractor's Application for Payment, that to the
best of the Architect's knowledge, information and belief, the Work has progressed to
the point indicated and the quality of the Work is in accordance with the Contract
Documents. The foregoing representations are subject to an evaluation of the Work for
conformance with the Contract Documents upon Substantial Completion, to results of
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subsequent tests and inspections, to minor deviations from the Contract Documents
correctable prior to completion and to specific qualifications expressed by the Architect.
The issuance of a Certificate for Payment shall further constitute a representation 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: (1) made
exhaustive or continuous on-site observations or inspections to check the quality or
quantity of the Work, (2) reviewed construction means, methods, techniques,
sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to
substantiate the Contractor's right to payment or, (4) ascertained how or for what
purpose the Contractor has used money previously paid on account of the Contract
Sum.
2.6.11 The Architect shall have authority to reject Work which does not conform to the
Contract Documents. Whenever the Architect considers it necessary or advisable for
implementation of the intent of the Contract Documents, the Architect will have
authority to require additional inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not such Work is fabricated, installed
or completed. However, neither this authority of the Architect nor a decision made in
good faith either to exercise or not to exercise such authority shall give rise to a duty or
responsibility of the Architect to the Contractor, Subcontractors, material and
equipment suppliers, their agents or employees or other persons performing portions of
the Work.
2.6.12 The Architect shall review and approve or take other appropriate action upon
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for
the limited purpose of checking for conformance with information given and the design
intent expressed in the Contract Documents. The Architect's actions shall be taken with
reasonable promptness while allowing sufficient time in the Architect's professional
judgment to permit adequate review. The review of Shop Drawings shall be limited to
two submissions under the scope of Basic Services and will be conducted only after the
General Contractor has coordinated said documents to indicate field conditions,
proposed General Contractor's deviations from the Contract Documents, and other
requirements which affect design intent; all submissions shall indicate that the required
coordination has been performed. The Architect will be compensated by the Owner as
Additional Services for review of Shop Drawings submitted by the General Contractor
more than twice. Review of submittals is not conducted for the purpose of determining
the accuracy and completeness of details such as dimensions and quantities or for
substantiating instructions for installation or performance of equipment or systems
designed by the Contractor, all of which remain the responsibility of the Contractor to
the extent required by the Contract Documents, all of which the Architect shall be
entitled to rely upon. The Architect's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the Architect, of construction
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means, methods, techniques, sequences or procedures. The Architect's approval of a
specific item shall not indicate approval of an assembly of which the item is a
component. When the professional certification of performance characteristics of
materials, systems or equipment is required by the Contract Documents, the Architect
shall be entitled to rely upon such certification to establish that the materials, systems or
equipment to meet the performance criteria required by the Contract Documents.
2.6.13 The Architect shall prepare Change Orders and Construction Change Directives,
with supporting documentation and data if deemed necessary by the Architect as
provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in
accordance with the Contract Documents, and may authorize 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.
2.6.14 The Architect shall conduct inspections to determine the date or dates of
Substantial Completion and the date of final completion, shall receive and forward to
the Owner for the Owner's review and records written warranties and related
documents required by the Contract Documents and assembled by the Contractor, and
shall issue a final Certificate for Payment upon compliance with the requirements of the
Contract Documents.
2.6.15 The Architect shall interpret and decide matters concerning performance of the
Owner and Contractor under the requirements of the Contract Documents on written
request of either the Owner or Contractor. The Architect's response to such requests
shall be made with reasonable promptness and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent
of and reasonably inferable from the Contract Documents and shall be in writing or in
the form of drawings. When making such interpretations and initial decisions, the
Architect shall endeavor to secure faithful performance by both Owner and Contractor,
shall not show partiality to either, and shall not be liable for results of interpretations or
decisions so rendered in good faith.
2.6.17 The Architect's decisions on matters relating to aesthetic effect shall be final if
consistent with the intent expressed in the Contract Documents.
2.6.18 The Architect shall render written decisions within a reasonable time on all
claims, disputes or other matters in question between the Owner and Contractor
relating to the execution or progress of the Work as provided in the Contract
Documents.
2.6.19 The Architect's decisions on claims, disputes or other matters, including those in
question between the Owner and Contractor, except for those relating to aesthetic
effects as provided in Subparagraph 2.6.17, shall be subject to mediation and/or
arbitration as provided in this Agreement and in the Contract Documents.
2.7 EXHIBIT DESIGN SERVICES- SCHEMATIC DESIGN PHASE
2.7.1 The Architect shall review the program furnished by the Owner to ascertain the
requirements of the Exhibit Design and shall arrive at a mutual understanding of such
requirements with the Owner.
2.7.2 The Architect shall provide a preliminary evaluation of the Owner's program,
schedule and construction budget requirements, each in terms of the other, subject to
the limitations set forth in Subparagraph 5.2.1.
2.7.3 The Architect shall review with the Owner alternative approaches to design and
construction of the Exhibits.
2.7.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Architect shall develop schematic floor plans; design and describe
specific focal exhibits; identify potential exhibit methodologies; research imagery,
artifacts, and documents for use in the exhibit and/or design process; identify and
develop narrative content outlines, identify form, format, and content of media -driven
interactive exhibits, outline mechanical, electrical, lighting, and special effects
requirements, select interactive exhibit and media producers, and provide a schematic
design level cost estimate of the exhibits.
2.7.5 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. These deliverables may include exhibit floor plans,
elevations, preliminary audio/visual plan, lighting plan, content mapping, and
prototypical graphics.
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2.8 EXHIBIT DESIGN SERVICES- DESIGN DEVELOPMENT PHASE
2.8.1 Following the Owner's approval of the Exhibit's Schematic Design, the Architect
shall further define the exhibit's design. The Architect shall prepare detailed content
outlines, identify specific exhibit technology, and fully define and document each
exhibit area.
2.8.2 The Architect shall develop draft text; develop content, design form, and finish
of each exhibit area; develop content outlines and programming of media experiences;
define and design exhibit graphics and identify potential imagery; provide a design
development level cost estimate of the exhibits; and assist the Owner in the selection of
the exhibit fabricators.
2.8.3 The Architect shall prepare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents fully describing all exhibit
areas, sample graphics, draft text, and program outlines for interactive and media
presentations.
2.9 EXHIBIT DESIGN SERVICES- DESIGN DETAILING PHASE
2.9.1 Following the Owner's approval of the Exhibit's Design Development, the
Architect will develop the final details of the Exhibit. Overlapping with the start of the
Exhibit's construction, the Architect and the Exhibit Contractor shall work together
jointly to resolve intricate detailing and specifications for final construction and
finishing.
2.9.2 The Architect shall specify physical details such as colors, finishes, casework
detailing, hardware, and mounting; prepare final text; develop graphic design details,
typography, illustrative guidelines, and imagery selections; prepare final electrical,
mechanical, lighting, and special effects plan drawings; and coordinate interactive and
media program development.
2.9.3 The Architect shall prepare for approval by the Owner Design Detailing
Documents consisting of drawings and other documents which include detail drawings
and specifications, and prototypical and special exhibit graphics final artwork.
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2.10 EXHIBIT DESIGN SERVICES- CONSTRUCTION AND INSTALLATION PHASE
2.10.1 During the Construction and Installation Phase, the Architect shall coordinate
with the Exhibit Fabricator to review the fabrication of the exhibits as they are being
produced and during installation. Following installation, the Architect shall inspect the
finished exhibit.
2.10.2 The Architect's responsibility to provide Exhibit Design Services for the
Construction and Installation Phase under this Agreement terminates at the earlier of
the issuance to the Owner of the final Certificate for Payment or 60 days after the date
of Substantial Completion of the Work.
2.10.3 Paragraphs 2.6.3 through 2.6.19 under Basic Services- Construction Phase apply
also to Exhibit Design Services- Construction and Installation Phase.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so
identified in Article 12, and they shall be paid for by the Owner as provided in this
Agreement, in addition to the compensation for Basic Services.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If the Owner and Architect agree that more extensive representation at the site
than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or
more Project Representatives to assist in carrying out such additional on-site
responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Architect,
and the Architect shall be compensated therefor as agreed by the Owner and Architect.
The duties, responsibilities and limitations of authority of Project Representatives shall
be as described in the edition of AIA Document B352 current as of the date of this
Agreement, unless otherwise agreed.
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3.2.3 Through the observations by such Project Representatives, the Architect shall
endeavor to provide further protection for the Owner against defects and deficiencies in
the Work, but the furnishing of such project representation shall not modify the rights,
responsibilities or obligations of the Architect as described elsewhere in this Agreement.
3.3 ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or other documents when such
revisions are:
.1 inconsistent with approvals or instructions previously given by the
Owner, including revisions made necessary by adjustments in the
Owner's program or Project budget;
2 required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents; or
.3 due to changes required as a result of the Owner's failure to render
decisions in a timely manner.
3.3.2 Providing services required because of significant changes in the Project
including, but not limited to, size, quality, complexity, the Owner's schedule, or the
method of bidding or negotiating and contracting for construction, except for services
required under Subparagraph 5.2.5
3.3.3 Preparing Drawings, Specifications and other documentation and supporting
data, evaluating Contractor's proposals, and providing other services in connection
with Change Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating substitutions proposed by the
Contractor and making subsequent revisions to the Contract Documents resulting
therefrom.
3.3.5 Providing consultation concerning replacement of Work damaged by fire or other
cause during construction, and furnishing services required in connection with the
replacement of such Work.
3.3.6 Providing services made necessary by the default of the Contractor, 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.
3.3.7 Providing services in evaluating an extensive number of claims submitted by the
Contractor or others in connection with the work.
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3.3.8 Providing services in connection with a public hearing, arbitration proceeding or
legal proceeding except where the Architect is party thereto. Providing services in
connection with public or community meetings.
3.3.9 Preparing documents for alternate, separate or sequential bids or providing
services in connection with bidding, negotiation or construction prior to the completion
of the Construction Documents Phase.
3.3.10 Providing analyses of the Owner's needs and programming the requirements of
the Project.
3.3.11 Providing financial feasibility or other special studies.
3.3.12 Providing planning surveys, site evaluations or comparative studies of
prospective sites.
3.3.13 Providing special surveys, environmental studies and submissions required for
approvals of governmental authorities or others having jurisdiction over the Project.
3.3.14 Providing services relative to future facilities, systems and equipment.
3.3.15 Providing services to investigate existing conditions or facilities or to make
measured drawings thereof.
3.3.16 Providing services to verify the accuracy of drawings or other information
furnished by the Owner.
3.3.17 Providing coordination of construction performed by separate contractors or by
the Owner's own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.3.18 Providing services in connection with the work of a construction manager or
separate consultants retained by the Owner.
3.3.19 Providing detailed estimates of Construction Cost.
3.3.20 Providing detailed quantity surveys or inventories of material, equipment and
labor.
3.3.21 Providing analyses of owning and operating costs.
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3.3.22 Providing interior design and other similar services required for or in connection
with the selection, procurement or installation of furniture, furnishings and related
equipment. Selection and specification of theater seating is included in Basic Services.
3.3.23 Providing services for planning tenant or rental spaces.
3.3.24 Making investigations, inventories of materials or equipment, or valuations and
detailed appraisals of existing facilities.
3.3.25 Preparing a set of reproducible record drawings showing significant changes in
the Work made during construction based on marked -up prints, drawings and other
data furnished by the Contractor to the Architect.
3.3.26 Providing assistance in the utilization of equipment or systems such as testing,
adjusting and balancing, initial start-up, preparation of operation maintenance manuals,
training personnel for operation and maintenance, and consultation during operation.
3.3.27 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 60 days after
the date of Substantial Completion of the Work.
3.3.28 Providing services of consultants for other than architectural, structural,
mechanical and electrical engineering portions of the Project provided as a part of Basic
Services.
3.3.29 Providing architectural renderings, graphics, presentation models, or video
animations.
3.3.30 Providing graphic design services beyond regulatory signage and the exhibit's
graphics.
3.3.31 Providing additional drawings, documents, or submittals other than those
described in Paragraphs 11.4.2 and 11.4.3.
3.3.32 Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with general accepted architectural practice.
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ARTICLE 4
THE OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding requirements for the Project,
including a program which shall set forth the Owner's objectives, schedule, constraints
and criteria, including space requirements and relationships, flexibility, expandability,
special equipment, systems and site requirements.
4.2 The Owner shall establish and update an overall budget for the Project including
the Construction Cost, the Owner's other costs and reasonable contingencies related to
all of these costs.
4.2.1 Specific examples of contingencies to be included in the Owner's overall budget
include but are not limited to:
1 variations in design;
.2 unknowns and variables in market and bidding conditions; and,
.3 unknowns and variables in the construction process including, but not
limited to:
.1 unforeseen underground and otherwise concealed conditions;
.2 changes in laws, codes, or regulations;
.3 changes in the Owner's program or functional needs;
.4 changes in available materials or systems;
.5 errors and omissions as described in Article 13;
.6 incidental changes normally associated with the Work.
4.3 If requested by the Architect, the Owner shall furnish evidence that financial
arrangements have been made to fulfill the Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative authorized to act on the Owner's behalf
with respect to the Project. The Owner or such authorized representative shall render
decisions in a timely manner pertaining to documents submitted by the Architect in
order to avoid unreasonable delay in the orderly and sequential progress of the
Architect's services.
4.5 The Owner shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a written legal description
of the site. The surveys and legal information shall include, as applicable, grades and
lines of streets, alleys, pavements and adjoining property and structures; adjacent
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drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed
restrictions, boundaries and contours of the site; locations, dimensions and necessary
data pertaining to existing buildings, other improvements and trees; and information
concerning available utility services and lines, both public and private, above and below
grade, including inverts and depths. All the information on the survey shall be
referenced to a Project benchmark.
4.6 The Owner shall furnish the services of geotechnical engineers when such services
are requested by the Architect. Such services may include but are not limited to test
borings, test pits, determinations of soil bearing values, percolation tests, evaluations of
hazardous materials, ground corrosion and resistivity tests, including necessary
operations for anticipating subsoil conditions including water conditions with reports
and appropriate professional recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such services are
reasonably required by the scope of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution
tests for hazardous materials, and other laboratory and environmental tests, inspections
and reports as required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as
may be necessary at any time for the Project, including auditing services the Owner
may require to verify the Contractor's Application for Payment or to ascertain how or
for what purposes the Contractor has used the money paid by or on behalf of the
Owner.
4.9 The services, information, surveys and reports required by Article 4 shall be
furnished at the Owner's expense, and the Architect shall be entitled to rely upon the
accuracy and completeness thereof.
4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner
becomes aware of any fault or defect in the Project or nonconformance with the
Contract Documents.
4.11 The proposed language of certificates or certifications requested of the Architect
or Architect's consultants shall be submitted to the Architect for review and approval at
least 14 days prior to execution. The Owner shall not request certifications that would
require knowledge or services beyond the scope of this Agreement.
4.12 Notwithstanding any term or condition whatsoever of this Agreement to the
contrary, it is understood and agreed that Architect has no expertise with regard to
asbestos and shall have no responsibility whatsoever for or control over the detection,
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removal or disposal of asbestos. Architect shall have no responsibility or control over
the selection or retention of any expert, consultant, contractor or sub -contractor
engaged in the detection, removal or disposal of asbestos, nor shall Architect be
responsible in any manner to anyone for the acts or omissions of any person or entity
arising from the detection, removal or disposal of asbestos. Owner shall, at Owner's
expense, defend, indemnify and hold Architect harmless from and against any and all
injuries, losses, liabilities, damages, or claims therefore asserted against Architect
arising out of, connected with, or relating directly or indirectly to the detection, removal
or disposal of asbestos from the Project site. Such indemnity shall include without
limitation, costs, expenses and attorney's fees which Architect may at any time sustain
or incur by reason of any of the foregoing.
4.12.1 Owner shall retain, at Owner's expense, the services of a certified asbestos and or
hazardous waste consultant ("Owner's Consultant") to survey and identify the existence
and location of asbestos and or hazardous waste on the Project site. Owner's
consultant shall therefore develop specifications for the removal of all asbestos and or
hazardous waste, prepare asbestos and or hazardous waste removal drawings and
directly oversee implementation of said removal.
4.12.2 Owner shall furnish Architect with a written notice which identifies the items to
be removed and where such items are located. Upon receipt of such notice, the
Architect shall commence preparation of the Basic Services described in Section Article
2 of this agreement, provided, however, that no personnel acting for or on behalf of the
Architect shall undertake or be required to physically inspect the Project site until
Owner shall have provided Architect with a certification, acceptable in form and
substance to Architect, signed by Owner's consultant stating that all asbestos has been
removed from the Project site and that the Project site does not contain asbestos fiber
concentrations in excess of those allowed by local, state and federal laws and
regulations, in force as of the date of such certification.
4.12.3 Except as otherwise provided in the second sentence of 4.12.2 hereof, Architect's
receipt of such certification shall be a condition precedent to Architect's commencing
performance of the services and to any undertaking of the responsibilities set forth in
this Agreement, and the time for the commencement of any duty to be performed by
Architect under this Agreement or otherwise shall not commence until Architect has
received and approved said certification. Owner and Owner's consultant shall have
complete responsibility for and control over the detection, removal or disposal of
asbestos from the Project site including, but not limited to, assuring compliance with all
applicable local, state and federal governmental laws and regulations.
4.13 The Architect hereby states, and the Owner acknowledges, that the Architect has
no professional liability or other insurance, and is unable to obtain such insurance
reasonably for claims resulting from the actual, alleged, or threatened discharge,
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dispersal, release, or escape of any solid, liquid, gaseous or thermal irritant or
containment, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste
materials to be recycled, reconditioned or reclaimed (collectively, "pollutants"), other
than claims arising from the design and construction of potable water systems, storm
water systems and construction of potable water systems, storm water systems and
sewerage systems (collectively, "covered claims").
4.13.1 Accordingly, the Owner hereby agrees to bring no claim (other than a covered
claim) for negligence, breach of contract, indemnity, or otherwise against the Architect,
or the Architect's principals, employees, agents or consultants relating to pollutants
associated in any way with the Project. The Owner shall defend, indemnify, and hold
the Architect and the Architect's principals, employees, agents and consultants harmless
from any and all injuries, losses, liabilities, damages or claims (other than covered
claims) of any nature whatsoever relating to pollutants associated in any way with the
Project including, without limitation, the costs, expenses and attorney's fees which the
Architect, the Architect's principals, employees, agents or consultants may at any time
sustain or incur by reason of any of the foregoing. The foregoing indemnification
provision includes, without limitation, claims arising from the actual, alleged or
threatened discharge, dispersal, release or escape of pollutants in or into the
atmosphere, or on, onto, upon, in, or into the surface or subsurface (a) soil, (b) water or
water courses, (c) objects, or (d) any tangible or intangible matter, whether sudden or
not.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 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.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and
materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Architect, plus a reasonable allowance for the Contractor's
overhead and profit.
5.1.3 Construction Cost does not include the compensation of the Architect and
Architect's consultants, the cost of the land, rights-of-way, financing or other costs
which are the responsibility of the Owner as provided in Article 4.
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5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's project budget, preliminary estimates of Construction
Cost, and detailed estimates of Construction Cost, if any, prepared by the Architect,
represent 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. Accordingly, the Architect cannot and does not warrant or represent that
bids or negotiated prices will not vary from the Owner's project budget or from any
estimate of Construction Cost or evaluation prepared or agreed to by the Architect.
5.2.2 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 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. Fixed limits, if any, shall be increased in the amount of an increase in the
Contract Sum occurring after execution of the Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the
Architect submits the Construction Documents to the Owner, any project budget or
fixed limit of Construction Cost shall be adjusted to reflect changes in the general level
of prices in the construction industry between the date of submission of the
Construction Documents to the Owner and the date on which proposals are sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3)
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 authorize rebidding or renegotiating of the Project within a reasonable
time;
.3 if the Project is abandoned, terminate in accordance with Paragraph 8.3, or
.4 cooperate in revising the Project scope and quality as required to reduce
the Construction Cost.
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5.2.5 If a fixed limit of construction cost has been agreed upon, and the Architect has
furnished the Owner a preliminary estimate of Construction Cost, and the Owner
chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall
modify the Contract Documents as necessary to comply with the fixed limit, if
established as a condition of this agreement. If a Contractor or Construction Manager is
providing construction cost estimates or cost control services for the Owner, the
Architect shall be entitled to rely on the information provided. If a fixed limit of
construction cost is exceeded because of Architect's failure to comply with the
information furnished by the Contractor or Construction Manager providing cost
control services, the Architect shall modify the Construction Documents with the
approval of the Owner at the Architect's expense as necessary to comply with the fixed
limit of construction cost. The modification of Contract Documents shall be the limit of
the Architect's responsibility arising out of the establishment of a fixed limit. The
Architect shall be entitled to compensation in accordance with this Agreement for all
services performed whether or not the Construction Phase is commenced.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Architect for
this Project are instruments of the Architect's service for use solely with respect to this
Project and, unless otherwise provided, the Architect shall be deemed the author of
these documents and shall retain all common law, statutory and other reserved rights,
including the copyright. The Owner shall be permitted to retain copies, including
reproducible copies, of the Architect's Drawings, Specifications and other documents
for information and reference in connection with the Owner's use and occupancy of the
Project. The Architect's Drawings, Specifications or other documents shall not be used
by the Owner or others on other projects, for additions to this Project or for completion
of this Project by others, unless the Architect is adjudged to be in default under this
Agreement. In the event of any reuse whatsoever of said documents by or through the
Owner, the Owner hereby agrees to indemnify, defend and hold harmless the Architect
from any and all claims, causes, damages, losses, liability and expenses, including but
not limited to attorney's fees arising out of said use.
6.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the Project is not to be construed as
publication in derogation of the Architect's reserved rights.
6.3 Electronic Data remains the property of the Architect, and the Owner acknowledges
the following:
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6.3.1 Electronic Data includes but is not limited to, computer-aided design (CAD) files
including native file formats (DWG) and drawing exchange formats (DXF), and files
produced by word processing, spread sheet, scheduling, data base and other software
programs. The Electronic Data may be provided in an original format produced by the
Architect or an alternate, "translated" format as requested by other parties to this
Agreement.
6.3.2 The means by which the Electronic Data is transferred may include but are not
limited to, electronic mail, File Transfer Protocol (FTP) sites, project websites, and disk
copies transmitted between the parties in this Agreement. Owner acknowledges that
Electronic Data transferred in any manner or translated from the system and format
used by the Architect to an alternate system or format is subject to errors that may affect
the accuracy and reliability of the data and that the data may be altered, whether
inadvertently or otherwise. Accordingly, the Architect makes no warranty, express or
implied, as to the accuracy of the information transferred. The Electronic Data are not
the Construction Documents and differences may exist between these electronic files
and corresponding hard -copy Construction Documents. The Architect reserves the right
to retain hard copy originals in addition to electronic copies of the Electronic Data
transferred, which originals shall be referred to and shall govern.
6.3.3 As consideration to the Architect for the transfer of the Electronic Data, Owner
agrees that the Architect shall not be liable for and hereby waive all claims and agree to
indemnify and hold the Architect harmless from all liabilities, losses, damages or
expenses (including attorneys' fees) arising out of, or connected with: (1) the transfer of
Electronic Data by any means; or (2) the use, modification or misuse by parties other
than the Architect of the Electronic Data; or (3) the limited life expectancy and decline of
accuracy or readability of the Electronic Data due to storage; (4) any use of the
Electronic Data by any third parties receiving the data from other parties to this
Agreement; or (5) the incompatibility of software or hardware used by the Architect
and the other parties to this Agreement.
6.3.4 The Electronic Data provided by the Architect under the terms of this Agreement
are the proprietary information of the Architect. All Electronic Data shall be treated as
confidential and is not to be disclosed to or shared with others without the Architect's
express, written consent.
6.3.5 The Architect does not undertake the responsibility for providing updated
information as the project proceeds. The recipient(s) of the Electronic Data may make
specific written request for such updated information as recipient(s) deem necessary,
which the Architect will then provide as an additional service subject to the terms and
conditions hereof.
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6.3.6 Owner agrees to include language similar to paragraphs 6.3.1 through 6.3.5 in the
General Conditions to the Contract for Construction and require Contractors,
Construction Managers, Subcontractors and Vendors to agree to these terms and
conditions for the transfer of Architect's Electronic Data for the project.
(This Article Deleted.)
ARTICLE 7
DISPUTE RESOLUTION/ ARBITRATION
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement may be terminated by either party upon not less than seven (7)
days written notice should the other party fail substantially to perform in accordance
with the terms of this Agreement through no • fault of the party initiating the
termination.
8.2 If the Project is suspended by the Owner for more than thirty (30) consecutive
days, the Architect shall be compensated for services performed prior to notice of such
suspension. When the Project is resumed, the Architect's compensation shall be
equitably adjusted to provide for expenses incurred in the interruption and resumption
of the Architect's services.
8.3 This Agreement may be terminated by the Owner upon not less than seven (7)
days' written notice to the Architect in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than ninety (90)
consecutive days, the Architect may terminate this Agreement by giving written notice.
8.4 Failure by the Owner to make payments, within thirty (30) days of the date
posted, to the Architect in accordance with this Agreement shall be considered
substantial nonperformance and cause for either termination or suspension.
8.5 If the Owner fails to make payment when due the Architect for services and
expenses, the Architect may, upon seven (7) days' written notice to the Owner, suspend
performance of services under this Agreement. Unless payment in full is received by
the Architect within seven (7) days of the date of the notice, the suspension shall take
effect without further notice. In the event of a suspension of services, the Architect shall
have no liability to the Owner for delay or damage caused the Owner because of such
suspension of services.
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8.6 In the event of termination not the fault of the Architect, the Architect shall be
compensated for services performed satisfactorily prior to termination, together with
Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph
8.7.
8.7 Termination Expenses are in addition to compensation for Basic and Additional
Services, and include expenses which are directly attributable to termination.
Termination Expenses shall be computed as a percentage of the total compensation for
Basic Services and Additional Services earned to the time of termination, as follows
.1 Twenty percent of the total compensation for Basic and Additional
Services earned to date if termination occurs before or during the pre -
design, site analysis, or Schematic Design Phases; or
.2 Ten percent of the total compensation for Basic and Additional Services
earned to date if termination occurs during the Design Development
Phase; or
.3 Five percent of the total compensation for Basic and Additional Services
earned to date if termination occurs during any subsequent phase.
8.8 The Owner shall reimburse the Architect for all costs incurred in collection of
unpaid accounts, including, without limitation, all reasonable attorney and legal
expenses.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 This Agreement shall be governed by the laws of Texas and the venue shall be
Lubbock County.
9.2 Terms in this Agreement shall have the same meaning as those in 1997 edition of
AIA Document A201, General Conditions of the Contract for Construction.
9.3 Causes of action between the parties to this Agreement pertaining to acts or
failures to act shall be deemed to have accrued and the applicable statutes of
limitations shall commence to run not later than either the date of Substantial
Completion for acts or failures to act occurring prior to Substantial Completion, or the
date of issuance of the final Certificate for Payment for acts or failures to act occurring
after Substantial Completion.
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9.4 The Owner and Architect waive all rights against each other and against the
contractors, consultants, agents and employees of the other for damages, but only to the
extent covered by property insurance during construction, except such rights as they
may have to the proceeds of such insurance as set forth in the 1997 Edition of AIA
Document A201, General Conditions of the Contract for Construction. The Owner and
Architect each shall require similar waivers from their contractors, consultants and
agents.
9.5 The Owner and 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 Owner nor Architect shall assign
this Agreement without the written consent of the other.
9.6 This Agreement represents the entire and integrated agreement between the
Owner and 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.
9.7 Nothing contained in this Agreement shall create a contractual relationship with
or a cause of action in favor of a third party against either the Owner or Architect.
9.8 (Intentionally not used.)
9.9 The Architect shall have the right to include representations of the design of the
Project, including photographs of the exterior and interior, among the Architect's
promotional and professional materials. The Architect's materials shall not include the
Owner's confidential or proprietary information if the Owner has previously advised
the Architect in writing of the specific information considered by the Owner to be
confidential or proprietary. The Owner shall provide professional credit for the
Architect on the construction sign and in the promotional materials for the Project.
9.10 The Texas Board of Architectural Examiners has jurisdiction over complaints
regarding the professional practices of persons registered as architects in Texas. The
Board may be contacted by mail at P.O. Box 12337, Austin, Texas 78711-2337; by phone
at 512-305-9000; or at its website www.tbae.state.tx.us.
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ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct salaries of 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.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are. in addition to compensation for Basic and Additional
Services and include expenses incurred by the Architect and Architect's employees and
consultants in the interest of the Project as identified in the following Clauses.
10.2.1.1 Expense of transportation in connection with the Project; expenses in connection
with authorized out-of-town travel; long-distance communications; facsimile
communications; courier services; express mail; and fees paid for securing approval of
authorities having jurisdiction over the Project.
10.2.1.2 Expense of reproduction, postage and handling of Drawings, Specifications and
other documents.
10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring
higher than regular rates.
10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
10.2.1.5 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.
10.2.1.6 Expense of data processing, Computer Aided Design and Drafting (CADD),
photographic production techniques and photography and photo prints used for the
Project or on behalf of the client.
10.2.1.7 Expenses including, without limitation, attorney's fees and legal costs
incurred by Architect in connection with any claims (other than personal injury or
property damage liability claims made by Owner and Owner's employees), which are
asserted against Architect arising out of Architect's Services hereunder, to the extent
that Architect is not reimbursed for such expenses under any insurance policy,
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provided, however, that Owner's liability to Architect under this Section 10.2.1.7 shall
not exceed $10,000.
10.2.1.8 All payments to be made by the Owner under this Agreement shall be
increased by the addition of applicable Sales and Use Taxes, if any.
10.2.1.9 The Owner shall reimburse the Architect for all costs incurred in collection of
unpaid accounts, including, without limitation, all reasonable attorney and legal
expenses.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under
this Agreement.
10.3.2 Subsequent payments for Basic Services shall be made monthly and, where
applicable, shall be in proportion to services performed within each phase of services,
on the basis set forth in Subparagraph 11.2.2. Payments are due to the Architect within
thirty (30) days from the date of invoice. Invoices are presented monthly and Owner
will review the invoices promptly and notify Architect of any inaccuracies. After ten
(10) working days from the receipt of the invoices, said invoices will be deemed
accurate unless Owner has notified Architect to the contrary.
10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of
this Agreement is exceeded or extended through no fault of the Architect,
compensation for any services rendered during the additional period of time shall be
computed in the manner set forth in Subparagraph 11.3.2
10.3.4 When compensation is based on a percentage of Construction Cost and any
portions of the Project are deleted or otherwise not constructed, compensation for those
portions of the Project shall be payable to the extent services are performed on those
portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1)
the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is
received, the most recent preliminary estimate of Construction Cost or detailed estimate
of Construction Cost for such portions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable
Expenses shall be made monthly upon presentation of the Architect's statement of
services rendered or expenses incurred.
10.5 PAYMENTS WITHHELD
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10.5.1 No deductions shall be made from the Architect's compensation on account of
claims of penalty, liquidated damages, or negligent errors or omissions in performance
of professional services by the Architect, except pursuant to a judicial award or an
award rendered in a proceeding in accordance with the Construction Industry Rules of
the American Arbitration Association.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional
Services and services performed on the basis of a multiple of Direct Personnel Expense
shall be available to the Owner or Owner's authorized representative at mutually
convenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of No dollars $(0.00) shall be made upon execution of
this Agreement and credited to the Owner's account at final payment.
11.2 BASIC COMPENSATION
11.2.1 For BASIC SERVICES, as described in Paragraphs 2.2 through 2.6, Basic
Compensation shall be computed as follows:
A stipulated sum in the amount of one hundred thirty-nine thousand dollars
($139,000.00).
11.2.2 Progress payments for Basic Services in each phase shall total the following
percentages of the total Basic Compensation payable:
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
Total Basic Compensation
Fifteen Percent (15%)
Twenty Percent (20%)
Forty Percent (40%)
Five Percent ( 5 %)
Twenty Percent (20%)
One Hundred Percent (100%)
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11.2.3 For EXHIBIT DESIGN SERVICES, as described in Paragraphs 2.7 through 2.10,
Exhibit Design Compensation shall be computed as follows:
A stipulated sum in the amount of one hundred thousand dollars ($100,000.00).
11.2.4 Progress payments for Exhibit Design Services in each phase shall total the
following percentages of the total Exhibit Design Compensation payable:
Schematic Design Phase:
Design Development Phase:
Design Detailing Phase:
Construction and Installation Phase:
Total Exhibit Design Compensation
Thirty Percent (30%)
Thirty-five Percent (35%)
Twenty Percent (20%)
Fifteen Percent (15%)
One Hundred Percent (100%)
11.3.1 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described
in Paragraph 3.2, compensation shall be computed as follows:
At an hourly basis at 2.6 times Direct Personnel Expense.
11.3.2 FOR BASIC SERVICES OF THE ARCHITECT, as described in Articles 3 and 12,
other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2)
services included in Article 12 as part of Additional Services, but excluding services of
consultants, compensation shall be computed as follows:
At an hourly basis at 2.6 times Direct Personnel Expense or on- a negotiated
stipulated sum.
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional
structural, mechanical and electrical engineering services, a multiple of one and one-
tenth (1.10) times the amounts billed to the Architect for such services.
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other
items included in Article 12 as Reimbursable Expenses, a multiple of one and fifteen -
hundredths (1.15) times the expenses incurred by the Architect, the Architect's
employees and consultants in the interest of the Project.
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11.4.2 For reimbursable expenses for Basic Services as described in Paragraphs 2.2
through 2.6, the total amount invoiced by the Architect shall not exceed twenty-seven
thousand nine hundred fifteen dollars ($27,915.00). This amount includes an allowance
for a maximum of thirty (30) person/trips between the Architect's home office of Dallas
and the Owner's project site (Lubbock). The following provides for the submittals and
number of documents which the Architect will provide to the Owner:
For submittals for Owner's approval at the conclusion of the Schematic Design,
Design Development, and Construction Documentation Phases, the Architect
shall provide the Owner with a maximum of five sets of 11" x 17" drawings. At
the conclusion of the Construction Documentation Phase, the Architect shall
provide the Owner with one full-size set of reproducible vellums and one set of
specifications for the Owner's reproduction of the documents for use by
contractors for bidding. At the beginning of the Construction Administration
Phase, the Architect shall provide the Owner with one full-size set of
reproducible vellums and one set of specifications for the Owner's reproduction
of the documents for the contractor.
11.4.3 For reimbursable expenses for Exhibit Design Services as described in
Paragraphs 2.7 through 2.10, the total amount invoiced by the Architect shall not exceed
seventeen thousand seven hundred twenty dollars ($17,720.00). This amount includes
an allowance for a maximum of eight (8) person/trips between the Exhibit Designer's
home office of St. Louis and Lubbock or Dallas. The following provides for the
submittals and number of documents which the Architect will provide to the Owner:
For submittals for Owner's approval at the conclusion of the Schematic Design,
Design Development, and Design Detailing Phases, the Architect shall provide
the Owner with a maximum of five sets of 11" x 17" drawings. At the conclusion
of the Design Detailing Phase, the Architect shall provide the Owner with one
full-size set of reproducible vellums and one set of specifications for the Owner's
reproduction of the documents for use by the Exhibit's Contractor.
11.5 ADDITIONAL PROVISIONS
11.5.1 If the Basic Architectural and Exhibit Design Services covered by this Agreement
have not been completed within twenty-four (24) months of the date hereof, through no
fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as provided in Subparagraph 10.3.3 and 11.3.2.
11.5.2 Payments due the Architect and unpaid under this Agreement shall bear interest
from the date payment is due at the rate of two percent (2%) over the prevailing Bank of
America prime interest rate and shall accrue on any unpaid balance not received forty-
five (45) days following receipt of an invoice.
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11.5.3 The rates and multiples set forth for Additional Services shall be annually
adjusted in accordance with normal salary review practices of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
12.1 The Owner, in accordance with Paragraph 4.4, hereby designates City Director of Aviation
or designated representative as the Owner's representative.
ARTICLE 13
LIMITATION OF LIABILITY
13.1 The Owner and the Architect acknowledge that a reasonable number of change
orders may occur during Construction Phase resulting from errors and omissions in the
documents prepared by the Architect and the Architect's consultants.
13.2 The Architect shall provide at no additional cost to the Owner professional
services to design, document, and process corrective measures for negligent errors or
omissions caused by the Architect and the Architect's consultants.
This Agreement entered into of the day and year first written above.
OWNER ARCHITECT
Wv
( Signature )
Windy Sitton, Mayor
( Printed name and title)
Attest: Q0kS=QZ--,, Yig
Rebe cca Garza, City Secr ry
Approved q ontent:
F
May e, Director of Aviation
Kirk Millican, AIA
Senior Vice President
Approved As To Form:
-- �c /41r�
William de Haas, Contract Manager/Attorney
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