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Resolution - 2007-R0019 - Agreement - Stiles, Wallance & Assocaites - Animal Shelter Facility - 01/12/2007
Resolution No. 2007—R0019 January 12, 2007 Item No. 5.14 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 Professional Services Agreement and any associated documents by and between the City of Lubbock and Stiles, Wallace & Associates of Lubbock, Texas, to serve as the City's representative for construction of a new animal shelter facility using the design -build method of construction, which Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of January 2007. DAVID A.IMILLER, MAYOR ATTEST: ty Secretary APPROVED AS TO CONTENT: Mar4 Yehrwddd Chief Information Officer/Assistant City Manager APPROVED AS TO FORM: I f R DD/ccdocs/Stiles Wallace-AnimalShelterSvcs07res January 12, 2007 Resolution No. 2007—R0019 TM -z ® Document B151 —1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Twentieth day of December in the year Two Thousand Six (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Telephone Number: (806) 775-3000 and the Architect: (Name, address and other information) Stiles, Wallace & Associates, Partnership 1615 Avenue M Lubbock, Texas 79401 Telephone Number: (806) 795-6431 Fax Number: (806) 747-8416 For the following Project: (Include detailed description of Project) Design — Build Services for City of Lubbock - Animal Shelter & Adoption Center City of Lubbock, Texas The Owner and Architect agree as follows. This Abbreviated Standard Form of Agreement Between Owner and Architect is part of or modifies the accompanying AIA Document B209 -- 2005 Standard Form of Architect's Services Construction Contract Administration, for Use Where the Owner Has Retained Another Architect for Design Services. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Reportthat notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document Ell 51 TM —1997. Copyright© 1974. 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 1 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 10:00:25 on 1212012006 under Order No.1000233883_1 which expires an 4/19/2007, and is not for resale. User Notes: (60991165) ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. § 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 Project. 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. This schedule 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 approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. §1.4 The services covered by this Agreement are subject to the time limitations contained in Section 11.5.1. AIA Document B151 TM - 1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA-' Document, or any 2 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:25 on 12/20/2006 under Order No.1000233883_1 which expires on 411912007, and is not for resale. User Notes: (60991165) § 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 8. ARTICLES TERMINATION OR SUSPENSION § 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. 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. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 8.3 If the Project is suspended or the Architect's services are suspended for more than 40 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other parry fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 8.7. § 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 9 MISCELLANEOUS PROVISIONS § 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. § 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 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 AIA Document B151- —1997. Copyright 0 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARMING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al A`' Document, or any s portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:25 on 12/20/2006 under Order W000233883_1 which expires on 411912407, and is not for resale. User Notes: (60991165) the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. § 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 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 the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 9.6 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. § 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 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. however, 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 in the Owner's promotional materials for the Project. § 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT § 10.1 DIRECT PERSONNEL EXPENSE 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, employee retirement plans and similar contributions. § 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 directly related to the Project, as identified in the following Clauses: .i transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; AIA Document 515i TTM - 1997. Copyright 0 1974, 1978, 1967 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any 7 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 10:00:25 on 12/20/2006 under Order No.1000233883_1 which expires on 4119/2007, and is not for resale. User Notes: (60991165) .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project -related expenditures. § 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES § 10.3.1 An initial payment as set forth in Section 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 service, on the basis set forth in Section 11.2.2. § 10.3.3 If and to the extent that the time initially established in Section l 1.5.1 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 Section 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 Section 11.2.2, based on (1) the lowest bona Ede 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 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 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 has been adjudged to be liable. § 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the 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 Zero Dollars and Zero Cents ($ 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 Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) Two Percent (2%) of total cost of construction. § 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) AIA Document B151 TM —1997. Copyright @ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any 8 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:25 on 12120/2006 under Order No.1000233883_1 which expires on 411912007, and is not for resale. User Notes: (60991165) Schematic Design Phase: Five percent ( 5 %) Design Development Phase: Five percent ( 5 %) Construction Documents Phase: Five percent ( 5 %) Bidding or Negotiation Phase: Five percent ( 5 %) Construction Phase: Eighty percent ( 80 %) Total Basic Compensation one hundred percent ( 100.00 %n) § 11.3 COMPENSATION FOR ADDITIONAL SERVICES § 11.3.1 For Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be computed as follows: Hourly — See Below § 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Section 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) M. Edward Stiles - $110.00 per hour. W. Craig Wallace - $110.00 per hour. § 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of One ( 1.00 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) § 11A REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Section 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of One ( 1.00 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. § 11.5 ADDITIONAL PROVISIONS § 11.5.1 If the Basic Services covered by this Agreement have not been completed within Twenty-four ( 24 ) months of the date hcreof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Sections 10.3.3 and 11.3.2. § 11.5.2 Payments are due and payable Thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and rather regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) AIA Document B151 TM —1997. Copyright p 1974, 1978, 1987 and 1997 by The American Instituto of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any 9 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 10:00:25 on 12120/2006 under order No. 1000233883_1 which expires on 4/19/2007, and is not for resale. User Notes: (60991168) This Agreement entered into as of the day and year first written above. OWNER " ARCHITECT (Signature)ignature) David M. Miller, Mayor M. Edward Stiles, Partner (Printed name and title) (Printed name and title) ATTEST: R ecca Ga za, City Secretary APPROVED AS TO CONTENT: Mar f Y 6 a r4ood Assistant City Manager/Chief Information Officer APPROVED AS TO FORM: D 'Nandi er, Ate(5rney 6V C unset AIA Document 8151 T° —1997. Copyright ® 1974, 1975, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any 10 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:25 on 12/20/2006 under Order No. 1000233883_1 which expires on 4/1912007, and is not for resale. User Notes: (60991165) Additions and Deletions Report for AIA Document B 151 "' - 1997 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 10:00:25 on 12'2012006. PAGE AGREEMENT made as of the "Twentieth day of December in the year Two Thousand Six City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Telephone Number: (806) 775-3000 Stiles, Wallace & Associates, Partnership 1615 Avenue M Lubbock, Texas 79401 Telephone Number: (806) 795-6431 Fax Number: (806) 747-8416 Design — Build Services for City of Lubbock - Animal Shelter & Adoption Center City of Lubbock, Texas The Owner and Architect agree as follows, This Abbreviated Standard Form of Agreement Between Owner and Architect is part of or modifies the accompanying AIA Document B209 — 2005 Standard Form of Architect's Services Construction Contract Administration. for Use Where the Owner Has Retained Another Architect for Design Services. PAGE 2 ART C E -2 2120I2C OF ARCHITECTI 2`1 Or-FINITION 2.2-1 Tho A«,.1..:wet .,hallF;eviewt and shall arrive a4 a muPaal ondef:st Additions and Deletions Report for AIA Document 8151 TM —1997. Copyright Q 1974, 1978. 1987 and 1997 by The American Institute ei Architects. All rights reserved. WARNING: This AJA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:25 on 12/2012006 under Order No.1000233883_1 which expires on 411912007, and is not for resale. User Notes: (60991165) - ties, respensibilifier, and limitations ef aud4eFity of iihe Affehiteet under- this Seetiefi 2.6 shall fiet be Y_. Afelikeet shall be a Fepresentative of and shall advise and eensult with the Owner atif-ing t • wnef only to the extent pf:eN'ided ift this Agr-eea. fit unless other -wise toodifie,d by WMEen afflendfflevit. PAGE 3 Additions and Deletions Report for AIA Document 8151 TN —1997. Copyright 0 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:25 on 12/20/2006 under Order No. 1000233883_1 which expires on 4/1912007, and is not for resale. User Notes: (50991165) ■ Additions and Deletions Report tar AIA Document 8151 Tm -1997. Copyright 0 1974, 1978, 1987 and 1997 by The American. Institute of Architects. All rights reserved. WARNING: This AIA8 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:25 on 12/20/2006 under Order No.1000233883_1 which expires on 4/19/2007. and is not for resale. User Notes. (60991165) Additions and Deletions Report for AIA Document 8151 Tµ — 1997. Copyright 0 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AJA software at 10:00:25 an 12/20/2006 under Order No.1000233883a1 which expires on 411912007, and is not for resale. User Notes: (60991165) 9 t]_� OjECT REPRESENTATION BEYOND BASIC RCDVIPCC § 3.2.1 if Fnefe extensive t the site than is desevibed in Seefien 2.6.5 is fequiFed, lihe Afehiteet shall ef PFajeet Repr-esefiwtives shall be as described in the edition of AIA Document B352 curfent as of the date of this Fepf-esefilia+ion shall net fnedify the rights, r-espensibilifies of: obligHtiefts of the Arehiteet as deseribed elsewhere in #WS Agfeement. .3 due to ehanges FeqUifed -Rv- -H Fesaa -1 t "--f thle 0— N'vlaa- f's -fa—i il-I Fe to render dec-isi ens i n a timely maf mer-. prepesEds, and pr-oN,iding other set--viees in eenneetion with Change Girdef:s and Genstfuetien Change Dir-eeti-ves. akhffekopa. PAGE 4 § 3-34 Rovidifig eaftsultatien eefteeff�ng r-epitteefnefit of Wof:k damaged by fire or Wier- eause dufing eenstf aefien, Ge nstaetfeft, b emeept whefe the AFehiteet is p", thereto-. Y i3..........:..b ...1......me n F..« altefn - ______ - - bids .a. h � r z r hid 1'fig, anstfuetion prief te the eefnpleiien F 4 Gefts"efien Paeuments Phase. C Z A ONAI ADDITIAAIAI SERVICES Reject, widing fiftafteial feasibility of other speeifil studies, �•7 A Z D.. .T.�..v.v.ab planning :j n»..e)., ..e e-_______... __ __.rte__.._ __--___ of rrrnr a____ sites. Additions and Deletions Report for AIA Document 8151 Te - 1997. copyright 0 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:40:25 on 12/20/2006 under Order No.1000233883_1 which expires on 4/19/2007. and Is not for resale. User Notes: (60991165) LAI Genifieete for Payment, R+Bre than 60 days after- the date of Stibstantiff! COWpleti0i'l Of the WISIFIE. 'EMEling ai4y other. sem,iees Fiat other-wiw ifteluded in this Agf:eeFnent of: fiet etisiontarily furnished in ifteluding Fits and , The bm,mer- shall ftifflish to the Adehiteet, within 15 days afteF rveeipt of a written request, inferFnafion Gast, the 0%,ne!F's other easts and reaseftable eentinfeneies related to all of these easts. Oyffief: shall de antative authefized to ae! an the Owner-'s behalf with respeet to the Prejeet. Additions and Deletions Report for AIA Document 8151 TM —1997. Copyright (0 1974, 1978, 1987 and 1997 by The American institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:25 on 12/20/2006 under Order No.1000233883_1 which expires on 4/19/2007, and is not for resale. User Notes: (60991165) PAGE 5 Additions and Deletions Report for AIA Document 8151 TM —1997. Copyright @ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:25 on 12/2012008 under Order No.1000233883_1 which expires on 4119/2007, and is not for resale. User Notes: (60991165) i • Ilia M .1 - Me - Additions and Deletions Report for AIA Document 8151 TM —1997. Copyright 0 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:25 on 12/20/2008 under Order No. 1000233883_1 which expires on 4/19/2007, and is not for resale. User Notes: (60991.165) Additions and Deletions Report for AIA Document B151Ta -1997. Copyright® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAx Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAb Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:25 on 12/20/2006 under Order No.1000233883_1 which expires on 4119/2007, and is not for resale. User Notes: (60991165) PACE 8 § 11.1 An Initial Payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. Two Percent (2%) of total cost of construction. PAGE 9 Schematic Design Phase: Five percent ( 5 %) Design Development Phase: Five percent ( 5 %) Construction Documents Phase: Five percent ( 5 %) Bidding or Negotiation Phase: Five percent ( S %p) Construction Phase: Eighty percent ( 80 %) Hourly — See Below M. Edward Stiles - $110.00 ner hour. W. Craig Wallace - $110.00 per hour. § 11,3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of {ane ( 1.00 } times the amounts billed to the Architect for such services. For Reimbursable Expenses, as described in Section 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of One ( 1.00 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. § 11.5.1 If the Basic Services covered by this Agreement have not been complcted 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 Sections 10. 3.3 and 11.3.2. § 11.5.2 Payments are due and payable Thirty ( 3a_) days from the date of the Architect's invoice. Amounts unpaid { ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. PAGE 10 David M. Miller, Mayor M. Edward Stiles. Partner Additions and Deletions Report for AIA Document 13151 T"' - 1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA8 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 10 distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:25 on 12/20/2006 under Order No.1000233883_1 which expires on 411912007, and +s not for resale. User Notes: (60991165) Certification of Document's Authenticity A!A® Document D401 T"' -2003 I, W. Craig Wallace, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:00:25 on 12120/2006 under Order No. 1000233883_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA' Document B 151 TM — 1997 - Abbreviated Standard Form of Agreement Between Owner and Architect, as published by the AIA, in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) 12-2a - 06 (Dated) AIA Document D40111 — 2003. Copyright O 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This A1AS' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, 1 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:00:25 on 12/20/2006 under Order No.1000233883_1 which expires on 4!19!2007, and is not for resale. User Notes: (60991165) �. i'/, Document B209T� —2005 ._ Standard Form of Architect's Services: Construction Contract Administration, for Use Where the Owner Has Retained Another Architect for Design Services for the following PROJECT: ADDITIONS AND DELETIONS: (Name and location or address) The author of this document has added information needed for its Design - Build Services for completion. The author may also City of Lubbock - Animal Shelter & Adoption Center have revised the text of the original City of Lubbock, Texas AIA standard form. An Additions and Deletions Report that notes added THE OWNER: information as well as revisions to the standard form text is available (Name and address) from the author and should be reviewed. A vertical line in the left City of Lubbock margin of this document indicates PA. Box 2000 where the author has added Lubbock, Texas 79457 necessary information and where the author has added to or deleted THE ARCHITECT: from the original AIA text. (Name and address) This document has important legal Stiles, Wallace & Associates, Partnership consequences. Consultation with an 1615 Avenue M attorney is encouraged with respect to its completion or modification. Lubbock, Texas 79401 Before using this document, verify THE OWNER'S DESIGN ARCHITECT: whether the jurisdiction where the (State the name and address of the Owner's Design Architect described in Section 1.1 Project is located requires the exactly as identified in the agreement between the Owner and the Owner's Design architect that signs and/or seals the Architect.) Contract Documents also to perform construction contract administration. The term "Owner's Design Architect" as used in this agreement shall indicate the This document provides the architect providing professional design services for the selected Design -build Firm. Architect's scope of services only and must be used with an owner - THE AGREEMENT architect agreement. It may be used Standard Form of Architect's Services is part of or modifies the accompanying with AIA Document B141 TM -1997, IThis Owner -Architect Agreement (hereinafter, the Agreement) dated December 20, 2006 Standard f=orm of Agreement (In words, indicate day, month and year.) Between Owner and Architect, to provide the Architect's sole scope of services, or with B141 in conjunction with other standard form services documents. It may also be used with G606T'"-2000, Amendment to the Professional Services Agreement, to create a modification to any owner - architect agreement. AIA Document 6209711— 2005, Copyright Q 2005 by The American Institute o1 Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:15:17 on 12!2012006 under Order No.1000233883_1 which expires on 411912007, and is not for resale. User Notes: (494818344) TABLE OF ARTICLES 1 PROJECT ADMINISTRATION SERVICES 2 SUPPORTING SERVICES 3 CONSTRUCTION PROCUREMENT SERVICES 4 CONTRACT ADMINISTRATION SERVICES 5 SCHEDULE OF SERVICES 6 OTHER SERVICES 7 MODIFICATIONS ARTICLE 1 PROJECT ADMINISTRATION SERVICES § 1.1 The Architect (hereinafter, the Contract Administration Architect) shall provide Construction Contract Administration Services for the Project independently of the Owner's Design Architect, who is responsible for preparing the Project Design and Contract Documents for the Project but is not a party to this Agreement.. § 13 The Contract Administration Architect shall administer the Contract for Construction. The Contract Administration Architect shall coordinate its services and those of its consultants with those services provided by the Owner and the Owner's consultants, including the Owner's Design Architect. § 1.3 The Contract Administration Architect shall consult with the Owner's Design Architect as required herein to perform the Contract Administration Services. When the Contract Administration Architect is required to consult with the Owner's Design Architect, the Contract Administration Architect shall inform the Owner and the Owner's Design Architect of the matter and the nature of the response requested. If the Contract Administration Architect does not receive a response with reasonable promptness or is unable to agree with the response received, the Contract Administration Architect shall notify the Owner, who shall promptly (1) consult with the Owner's Design Architect and the Contract Administration Architect, (2) decide the matter, and (3) notify both the Owner's Design Architect and the Contract Administration Architect of its decision. The Contract Administration Architect shalt not be responsible for untimely performance on the part of the Owner's Design Architect. § 1.4 The Contract Administration Architect's responsibility to provide the Contract Administration Services commences with Construction Procurement Services 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. § 1.5 The Contract Administration Architect shall provide administration of the Contract between the Owner and the Contractor as set forth herein and in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Contract Administration Architect. § 1.6 The Contract Administration Architect shall be a representative of and shall advise and consult with the Owner (1) during the provision of the Construction Procurement and Contract Administration Services and (2) if agreed to in an amendment to this Agreement, from time to time during the Contractor's obligations under the correction period described in the Contract Documents. The Contract Administration Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement, unless otherwise modified by written amendment. § 1.7 The Contract Administration 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 Contract Administration Architect's response to such requests shall be made in writing, with reasonable promptness and within any time limits agreed upon. AIA Document 9209TM —2005. Copyright 0 2005 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:15:17 on 1 2/2 012 006 under Order No.1000233883_1 which expires on 411912007, and is not for resale. User Notes: (494818344) § 1.8 Interpretations and decisions of the Contract Administration Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents, The Contract Administration Architect shall consult with the Owner's Design Architect before issuing interpretations and decisions in writing or in the form of drawings. When making such interpretations and decisions, the Contract Administration Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. § 1.9 If appropriate, the Contract Administration Architect shall, on the Owner's behalf, prepare, reproduce and distribute supplemental drawings, specifications and interpretations in response to requests for information by the Contractor relative to changed requirements and schedule revisions. The Contract Administration Architect shall consult with the Owner's Design Architect before preparing, reproducing and distributing supplemental drawings, specifications and interpretations in response to requests for information by the Contractor relative to changed requirements and schedule revisions. § 1.10 The Contract Administration Architect shall decide matters relating to aesthetic effect. The Contract Administration Architect shall consult with the Owner's Design Architect before deciding such matters. Such decisions shall be final if consistent with the intent expressed in the Contract Documents. § 1.11 The Contract Administration Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor. § 1.12 Terms in this document shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. ARTICLE 2 SUPPORTING SERVICES § 2.1 Unless specifically designated in Article 7, the services in this Article shall be provided by the Owner or the Owner's consultants and contractors. § 2.2 The Owner shall provide the Contract Administration Architect with a complete set of Contract Documents and shall obtain from the Owner's Design Architect the necessary license to permit the Contract Administration Architect to reproduce the Owner's Design Architect's Instruments of Service and to use them in performing the Construction Contract Administration Services. The Owner shall indemnify the Contract Administration Architect for any copyright claims arising from the Contract Administration Architect's use of the Owner's Design Architect's Instruments of Service while performing the Construction Contract Administration Services. § 2.3 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and 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 drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and necessary data with respect 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 information on the survey shall be referenced to a Project benchmark. § 2.4 The Owner shall furnish services of geotechnical engineers and construction testing services, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. § 2.5 For coordination purposes, the Owner shall provide the Contract Administration Architect with a copy of the agreement between the Owner and the Owner's Design Architect. § 2.6 The Owner shall furnish the services and timely performance of the Owner's Design Architect for the benefit of the Contract Administration Architect in performing the Construction Contract Administration Services. § 2.7 The Owner shall furnish to the Contract Administration Architect a complete copy of the executed Contract for Construction. AIA Document B2091111— 2005. Copyright 0 2005 by The American Institute of Architects. All rights reserved. WARNING: This AIAs Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of it, 3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:15:17 on 12/20/2006 under Order No.10002331383_1 which expires on 4/19/2007, and is not for resale. User Notes: (494818344) ARTICLE 3 CONSTRUCTION PROCUREMENT SERVICES § 3.1 The Contract Administration Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. § 3.2 The Contract Administration Architect shall assist the Owner in establishing a list of prospective bidders or contractors. § 3.3 The Contract Administration Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Contract Administration Architect shall notify all prospective bidders or contractors of the bid or proposal results. § 3.4 COMPETITIVE BIDDING § 3.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 3.4.2 If requested by the Owner, the Contract Administration Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Contract Administration Architect for such expenses. § 3.4.3 If requested by the Owner, the Contract Administration Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Contract Administration Architect shall maintain a log of distribution and retrieval and the amounts of deposits, if any, received from and returned to prospective bidders. § 3.4.4 The Contract Administration Architect, in consultation with the Owner's Design Architect, shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.4.5 The Contract Administration Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre-bid conference for prospective bidders. § 3.4.6 The Contract Administration Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. § 3.4.7 The Contract Administration Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Contract Administration Architect shall subsequently document and distribute the bidding results, as directed by the Owner. § 3.5 NEGOTIATED PROPOSALS § 3.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 3.5.2 If requested by the Owner, the Contract Administration Architect shall arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for the cost of reproduction or shall reimburse the Contract Administration Architect for such expenses. § 3.5.3 If requested by the Owner, the Contract Administration Architect shall organize and participate in selection interviews with prospective contractors. § 3.5.4 The Contract Administration Architect, in consultation with the Owner's Design Architect, shall consider requests for substitutions, if permitted by the Proposal Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. AIA Document 8209TM —2005. Copyright O 2005 by The American Institute at Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, 4 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:15:17 on 12/20/2006 under order No.1000233883_1 which expires on 411812007, and is not for resale. User Notes: (454818344) § 3.5.5 If requested by the Owner, the Contract Administration Architect shall assist the Owner during negotiations with prospective contractors. The Contract Administration Architect shall subsequently prepare a summary report of the negotiation results, as directed by the Owner. ARTICLE 4 CONTRACT ADMINISTRATION SERVICES § 4.1 EVALUATIONS OF THE WORK § 4.1.1 The Contract Administration Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operation or as otherwise agreed to by the Owner and Contract Administration Architect in Article 5, (1) to become generally familiar with and to keep the Owner and the Owner's Design Architect informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Contract Administration Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Contract Administration Architect shall neither have control over or charge of, nor be responsible for, the 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 rights and responsibilities under the Contract Documents. § 4.1.2 The Contract Administration Architect shall report to the Owner and the Owner's Design Architect known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Contract Administration Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Contract Administration Architect shall be responsible for the Contract Administration Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 4.1.3 The Contract Administration Architect shall at all times have access to the Work wherever it is in preparation or progress. § 4.1.4 Except when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Contract Administration Architect about matters arising out of or relating to the Contract Documents. The Owner shall notify the Contract Administration Architect of any direct communication between the Owner and the Contractor. Communications by and with the Contract Administration Architect's consultants shall be through the Contract Administration Architect. § 4.1.5 The Contract Administration Architect shall have authority to reject Work that does not conform to the Contract Documents. The Contract Administration Architect shall consult with the Owner's Design Architect before rejecting such Work. Whenever the Contract Administration Architect considers it necessary or advisable, the Contract Administration Architect will have authority to require 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 Contract Administration Architect nor a decision made in good faith either to exercise or not to exercise such authority shall givc rise to a duty or responsibility of the Contract Administration Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 4.2 CERTIFICATION OF PAYMENTS TO CONTRACTOR 4.2.1 The Contract Administration Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Contract Administration Architect shall consult with the Owner's Design Architect before issuing Certificates for Payment. The Contract Administration Architect's certification for payment shall constitute a representation to the Owner, based on the Contract Administration Architect's evaluation of the Work as provided in Section 4.1 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Contract Administration Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Contract Administration Architect. AiA Document B209Tm —2D05. Copyright C 2005 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, 5 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:15:17 on 12/20/2008 under Order No.1000233883_1 which expires on 4/1912007, and is not for resale. User Notes: (494818344) § 4.2.2 The issuance of a Certificate for Payment shall not be a representation that the Contract Administration Architect has (1) made exhaustive or continuous on-site 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. § 4.2.3 The Contract Administration Architect shall maintain a record of the Contractor's Applications for Payment. § 4.3 SUBMITTALS § 4.3.1 The Contract Administration 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 the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Upon the request of the Owner's Design Architect, the Contract Administration Architect shall forward designated Contractor's submittals to the Owner's Design Architect for review and approval. The Contract Administration Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Contract Administration Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Contract Administration Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Contract Administration Architect, of any construction means, methods, techniques, sequences or procedures. The Contract Administration Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.3.2 The Contract Administration Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 4,3.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Contract Administration Architect, after consulting with the Owner's Design Architect, shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Contract Administration Architect. The Contract Administration Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 4.4 CHANGES IN THE WORK § 4.4.1 The Contract Administration Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Contract Administration Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time that are consistent with the intent of the Contract Documents. If necessary, the Contract Administration Architect shall prepare„ reproduce and distribute drawings and specifications to describe Work to be added, deleted or modified, as provided for in Section 1.9. The Contract Administration Architect shall consult with the Owner's Design Architect before preparing drawings and specifications to describe Work to be added, deleted or modified. § 4.4.2 The Contract Administration Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Contract Administration Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Contract Administration Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Contract Administration Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. AIA Document B209TM — 2005. Copyright Q 2005 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, 6 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:15:17 on 12/20/2006 under Order No.1000233883_1 which expires on 4119/2007, and is not for resale. User Notes: (494818344) § 4.4.3 If the Contract Administration Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Contract Administration Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Contract Administration Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Contract Administration Architect. With the Owner's approval, the Contract Administration Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. § 4.4.4 The Contract Administration Architect shall maintain records relative to changes in the Work. § 4.5 PROJECT COMPLETION § 4.5.1 The Contract Administration Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor 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 based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. The Contract Administration Architect shall consult with the Owner's Design Architect before making such determinations or issuing such certificates. § 4.5.2 The Contract Administration Architect's inspection shall be conducted with the Owner's designated representative and, when directed by the Owner, the Owner's Design Architect to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 4.5.3 When the Work is found to be substantially complete, the Contract Administration Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. § 4.5.4 The Contract Administration Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE 5 SCHEDULE OF SERVICES § 5.1 Contract Administration Services beyond the following Limits shall be provided by the Contract Administration Architect as a Change in Services in accordance with the accompanying Owner -Architect Agreement: .1 up to Three ( 3 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to Sixty ( 60 ) visits to the site by the Contract Administration Architect over the duration of the Project during construction. .3 up to Three ( 3 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to Three ( 3 ) inspections for any portion of the Work to determine final completion. § 5.2 The following Contract Administration Services shall be provided by the Contract Administration Architect as a Change in Services in accordance with the accompanying Owner -Architect Agreement: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Contract Administration Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; AIA Document B209 m — 2005. Copyright 02005 by The American Institute of Architects. All rights reserved. WARNING: This AIA'°Document is protected by U.S. copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:15:17 on 12120/2006 under Order No. 1000233883_1 which expires on 411912007, and is not for resale. User Notes: (494818344) .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. ARTICLE 6 OTHER SERVICES § 6.1 In addition to the Construction Contract Administration Services described above, the Contract Administration Architect shall provide the following other services only if specifically designated below. The Contract Administration Architect shall perform such other services in accordance with a service description provided in Section 6.2 or attached as an exhibit to this services document. (Designate the other services the Contract Administration Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 6.2, or in an exhibit attached to this services document. If in an exhibit, identify the exhibit.) Services Responsibility (Contract Administration Architect, Owner or Not Provided) Location of Service Description (Section 6.2 below or an exhibit attached to this document and identified below) § 6.1.1 Special Bidding or Negotiation CAA 6.1.2 On -Site Project Representation CAA 6.1.3 On -Site Contract Administration Services i CAA 6.1.4 Schedule Development and Monitoring Not Provided 6.1.5 Value Analysis Not Provided 6.1.6 Detailed Cost Estimating Not Provided 6.1.7 Sw-up Assistance Not Provided 6.1.8 Commissioning Not Provided 6.1.9 Facility Support Services Not Provided 6.1,10 Post -Contract Evaluation Not Provided 6.1.11 Tenant -Related Services Not Provided 6.1.12 Other Not Provided ** CAA = Contract Administration Architect ** § 6.2 DESCRIPTIONS OF OTHER SERVICES (Insert a description of each designated other service the Contract Administration Architect shall provide if not further described in an exhibit attached to this document.) I None ARTICLE 7 MODIFICATIONS § 7.1 Modifications to this Standard Form of Architect's Services: Construction Contract Administration, if any, are as follows: (In the space below, provide any modifications or refer to an exhibit attached to this document.) None AIA Document 8209T"" — 2005. Copyright c0 2005 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'$ Document, or any portion of it, 8 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:15:17 on 12120!2006 under Order No.1000233883 1 which expires on 4/19/2007, and is not for resale. User Notes: (494818344) Additions and Deletions Report for AIA® Document B209m — 2005 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 10:15:17 on 12J2012006. PAGE Design — Build Services for City of Lubbock - Animal Shelter & Adoption Center City of Lubbock. Texas City of Lubbock P.O. Box 2000 Lubbock. Texas 79457 Stiles, Wallace & Associates, Partnership 1615 Avenue M Lubbock. Texas 79401 The term "Owner's Design Architect" as used in this agreement shall indicate the architect providing professional desimi services for the selected Design -build Firm. This Standard Form of Architect's Services is part of or modifies the accompanying Owner -Architect Agreement (hereinafter, the Agreement) dated December 20, 2006 PAGE 7 .1 up to Three ( 3 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to Sixty ( 60_) visits to the site by the Contract Administration Architect over the duration of the Project during construction. .3 up to Three ( 3) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents, .4 up to Three (3) inspections for any portion of the Work to determine final completion. PAGE 8 None None Additions and Deletions Report for AIA Document B2097° — 2005. Copyright @ 2005 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 1 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:15:17 on 12/20/2006 under Order No.1000233889_1 which expires on 4/1912007, and is not for resale. User Notes: (494818344) Certification of Document's Authenticity AW Document D401 T"^ - 2003 I, W. Craig Wallace, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:15:17 on 12/20/2006 under Order No. 1000233883_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B209TM — 2005 - Standard Form of Architect's Services: Construction Contract Administration, for Use Where the Owner Has Retained Another Architect for Design Services, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Title) /17 -2�p O'6 (Bated) AIA Document D401 T" — 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and wilt be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:15:17 on 12/20/2006 under Order No. 1000233883_1 which expires on 4119/2007, and is not for resale. User Notes: (494818344)