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HomeMy WebLinkAboutResolution - 5062 - Agreement - Joe D Mckay AIA Architects - Re-Roofing Auitorium & Coliseum - 01/11/1996Resolution No. 5062 January 11, 1996 Item #7 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement, attached herewith, by and between the City of Lubbock and Joe D. McKay AIA Architects for the re -roofing of the existing Auditorium & Coliseum, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th ATTEST: &-d,- - kL Betty M. Johnson, tity Secretary APPROVED AS TO CONTENT: Vicki Key, Civic COnters Manager APPROVED AS TO FORM: aid G. Vandiver, First Assistant City Attorney DGV : da(ccdocsla-mckay. res December 22, 1995 T 11 E A M E R I C A N I N S T I T U T E O F A R C H I T E C T Resolution No. 5062 January 11, 1996 to Item #7 AIA Document 11151 Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION IVITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Eleventh day of Nineteen Hundred and Ninety- six BETWEEN the Owner: (flame and address) City of Lubbock, Texas PO Dox 2000 Lubbock, TX 79457 and the Architect: (Name and address) Joe D. McKay AIA Architects 1402 Avenue N Lubbock, TX 79401 January in the year of For the following Project: (Include delailed descriplion of Pn#ecl, location, address and scope.) Re -Roofing of Existing Auditorium & Coliseum 6th Street & Canton Avenue Lubbock, TX The Owner and Architect agree as set forth below. Copyright 1974, 1978, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20(1()6. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B151 • ABBREVIATED OWNER-ARCIUTECT AGREEMENT • THIRD EDITION • AIAS • ©19tH THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20(" B151-1987 1 S 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 ser ices o msisl of those services per - Ir Irmed by the Architect, Architect's employees and Architect's ccrn,ulruits as c•nunlerated in Articles 2 and i of this Agreement :Intl am• other services included in Article 12. 1.1.2 The Architect's services shall he performed as expedi- tiou,ly :is is consistent with professional skill and care and the I irdcl l%' progress of the Wr irk. 1.1.3 '['lie services covcrcd by this Agreement are subject to Ilio bloc limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1. The Architect's li:lsic Services consist of those described under the three phases indentiried below, any other services idcnlifictl in Arline 12, and include normal sirticturil, mec•halli- t'al .triol VIC01-ic31 engineering services. 2.2 DESIGN PHASE 2.2,1 The Architect sh.Ill review with the Owner alternative :approaclies lu design and construction of the Project. 2.2.2 luscit on the mutually agrecd-upon program, SC)ICdule loop ronsuuctiun budget requirements, the Architect shall prepare, lin approval by the Otuner, Design Documents con- ,i,ting of dr:neitlgS :Ind other documents appropriate for tine I'm Ilcct, :end shall ,tlhlnit to the Oilncr a prrliutinary estinrur of Cott,trtictia111 (list. 2.3 CONSTRUCTION DOCUMENTS PHASE 2.3.1 Itasca un the apprrivrd I)Ctilg!) Drit'llltle'llt5, the Architect ,11:111 prepare, for approval by the Owner, (:onstruc't'lon Docu- n1t nt, eon,iSliltg of Driw ings :end SpccificatiunS Scttilig forth in LIVI,lil the n•quirclnetlts for the construction of the Project and ,hall :ubi,c Ih(• Owncr tit -.my adjustments to previous prclinrinairy csliniatc:s of Consnruction Cost. 2.3.2 The Archiiect shall assist the O%vncr in connection with tile• Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction o%Vr tilt Pt'oject. 2.3.3 Vnlc•ss provirlc•d in Article 12, the Architect, following the ( )wne•r-s ;ipproval to ihc• construction Documents and of 111c• I:Itcsl preliminary c:stiruaic• of Construction Cost, shall assist the Owner in obtaining hidS or negotiated proposals and assist in awarding antl preparing contracts lir construction. 2.4 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.4.1 The Architect's responsibility to provide Basic Services fru the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of issuance to the Owner of the final Certificate for Payment or 60 clays after the slate of Substantial ComPletion of the Work, unless extended under the terms of Subparagraph l o, i.3. 2.4.2 The Architect shall provide administration of the (:on - tract for Construction as set forth below and in [lie edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 2.4.3 Duties• reSponsibilities and limitations Of authority of the Architect shall not be restricted, modified or extended without written agreement of rite Owner and Architect with consent of the Contractor, which consent shall not he unreasonably withheld. 2.4.4 The Architect shall he a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is clue and (2) as an Additional Ser- vice at the Ow'ner's direction from tilde to time during the cor- rection period described in the Contract for Construction. 2.4.5 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 (.1uality of the Fork compicied and it) determine in general if the Work is being performed in :1 nrur ner indicating that the Work when completed will he in accor- dance with the Contract Documents. Howevcr, the Architect shall not be required to make exhaustive• or corltinur)uS on -tide inspicctions it) check [lie quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep lite Owner infoirtned of the progress and duality of the Work, and shall endeavor to guard the Owner against defects and (10116016es in the %X'urk. (.11orc (:vftw.�ir r site rePresenteltioll )lift)' be figreod 10 cis rex A dditiotiol Ne•rri(l', res described ill Netreij nipl.) i. '.) 2.4.$ 'I'lie Architect shall not have control over or rlurpe cif and shall not he responsible for construction meat nlethotis, teehniques, sequences or procedures, or for Safety' precautions and programs in connection with the Work, since tlicsc arc solely the (:ontractor's responsibility under the Omtrart file Construction. The Architect shall not he responO)II: tor the Contractor's schedules or failure to carry out the Work in :tec'ordalice with the Contract Documents'i'he Architect shall not have control over or charge of acts or oniissiclns of the Contractor, Subcontractors, or their agents Or cniph iyces, 4 I t d' any other persons performing lum ions of the Wo ik. 2.4.7 The Architect shall at -.Ili times have access 10 the Work wherever it is in preparation or progress. 2.4.8 Based on Ilie Architect's observations arld c•c'alu:uion, of the Contractor's Applications for Payment, the Arc•hitcct shall rce•icwr and certify the enunlnts due the Contr,irt,ir. 2,4,9 The Architects certlllcaliolt 1tlr Iraymenl %11311 WilSlltUlk' :i representation to the Owner, hascd on tilt• Architect's Ob,c•i watirns at the site as provided in Subparagraph 2.-1.5 and on the AIA DOCUMENT S151oAF111REVIATEDoWNENARC:Ill'I't.(:"r A(iREENIENI'+1*11IRI)EINHON•AIA®-@l,)H7 IM VW Hit AN INsl 11'I'1'E OF ANC1111 iCTS. I735 NF.%X' YORK AVENIiE, N_%'., Vt'ASIiIN(il'ON, h.(:. 21X)OO 8151-1987 2 data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, Information and belief, quality of the Work is in accordance with the Contract Docu- ments. The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, tech- niques, sequences or procedures, (3) reviewed copies of requi- sitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contrac- tor's right to payment or (4) ascertained how or for what pur- pose the Contractor has used money previously paid on account of the Contract Sum. 2.4.10 The Architect shall have authority to reject Work which does not conform to the Contract Documents and will have authority to require additional inspection or testing of the Work whenever, in the Architect's reasonable opinion, it Is necessary or advisable for the implementation of the intent of tate Contract Documents. 2.4.11 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 concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay. The Architect's approval of a specific item shall not Indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equip- ment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents.. 2.4.12 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if authorized or confirmed in writing by the Owner as provided in Paragraphs 3.1 and 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. 2.4.13 The Architect shall conduct inspections to determine. the (laces of Substantial Completion and final completion and shall issue a final Certiflcate for Payment. 2.4.14 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the (,ontract D)iocuments on written request of either the ()wrier or Contractor. The Architect's response to such requests shall he made with reasonable promptness and within any time limits agreed upon. When making such Inter- prctations 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 dccislons so rendered in good faith. ARTICLE 3 ADDITIONAL SERVICES 3.1 Additional Services shall he provided if authorized or con- firmed in writing by the Owner or if Included in Article 12, and they shall be paid for by the Owner as provided In this Agree- ment. Such Additional Services shall include, in addition to those described in Paragraphs 3.2 and 3.3, budget analysis, financial feasibility studies, planning surveys, environmental studies, measured drawings of existing conditions• coordina- tion of separate contractors or independent consultants, coor- dination of construction or project managers, detailed Con- struction Cost estimates, quantity surveys, interior design, plan- ning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, and any other ser- vices not otherwise included in this Agreement under Basic Ser- vices or not customarily furnished In accordance with generally accepted architectural practice. 3.2 If more extensive representation at the site than is described in Subparagraph 2.4.5 Is required, such additional project representation shall be provided and paid for as set forth in Articles t I and 12. 3.3 As an Additional Service in connection with Change Orders and Construction Change Directives, the Architect shall prepare Drawings, Specifications and other documentation and data, evaluate Contractor's proposals, :and provide any other services made necessary by such Change Orders and Conrstrtrc- tion Change Directives. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information, including;i pro- gram which shall scat forth tate Owner's objectives, sche-dule. constraints, budget vd1h reasonable contingcn•ics, and critc•ri.t. 4.2 The (Owner shall furnish surveys describing pli. �ic:il t h:Ir acteristics, legal linoatioms and utility locations For the site oil' the Project, a written legal description of lite sire ,incl Ilio' scr vices of geotechnical engineers or other consultants when such services arc requested by the Architect. 4.3 The Owner shalt furnish structural, mechanical, chemical. air and water pollution testas, tests For Imzardotis mJ(enals, aurid other laboraairy and environmental tests, iw4pt-ctions ;tail reports required by law or the Contract Docum cnis. 4.4 The Owner shall furnish :all legal, accounting and insurance counseling services as may lie necessary at ;uly time for the Project, including auditing ,cn•ices the Mvncr maty require til verify the Contractor's Applications for Payment or to asccriain how or for what Inarposes the Contractor has used the munc% paid by the Ocvner. 4.5 The foregoing services, infimitition, survcys and reports shall he furnished at the Oc` rices cxliensc, and the :Architect Shall be erltitled to My upon the accuracy :and c(mipI 'I 'I Lss thereof, 4.6 Prompt written notice shall he given by the• Ocvrtcr It, the Architect if the Owner hrcounes ;m;ire of any Daunt or clt•R-4:1 in the Project or nonconformance with the Contract Doc mncnt.. 4.7 'fire proposed language of certilicates or eertiiitarieats reclucsto.l of the Architect or Architect's consultants shall lu• submitted to the Architect for rcvic%c• ;and ;Ippn iva' it Ic;ist I I days prior to execution. AIA DOCUMENT B151 • AtIBREVIATEt) OWNER-ARCUIT'E(.TAGREENII;N'r • l'li1Rn 1:1)17ItlV • Alt` 0 w8- 3 B151-1987 THE AMERICAN INSTITUTE OF ARCIIiTECTS, 1735 NEW YORK AVENUE. NYU.. VASIIiNe ION, DAI 'reek, ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall he the total cost or esti- mated cost it) the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include tite cost at current market rates of labor and materials furnished by the Owner and equipment designed. specified, selected or specially provided for by the Architcct, plus a reasonable allowance for the Con- tractor's overhead and profit, in addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost titres not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the respon- sibitity of the Owner As provided In Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 it is recognized that neither the Architect nor the Owner has control over tate cost of latxar, materials or equipment, over the Contractor's methods of determining hid prices, or over competitive bidding. market or negotiating conditions. Accord- ingly, the Architect cannot and does not warrant or represent that hids or ncgolialcd prices will not vary from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed Iirttit of Construction Cost shall be established As a condition of this Agreement by the Furnishing, proposal or esiahtishntc•ni of a Project budget, unless :t fixed limit has been agreed upon in Writing And Signed h} the parties hereto. Fixed limits, if ;uty, shall he increased in the amount of an increase in the Conrrae•t Sum occurring .rftcr execution of the Contract for Construction. 5.2.3 Anv Project budget or fixed limit of Construction Cost may he adjusted to reflect c hangcs in the general level of prices in tits• construction Industry howccn [he elate of submission of t}tc• Cimstruction 11ioctinlenis to tits Owner and the date on whii It proposals arc sought. 5.2,4 if a fixed limit of (,(instruction (oast is exceeded by the lowest bona fide hid 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 anti quality as required to reduce the Construction Cost. 5.2.4 If the Owner chooscs to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the Fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's resptmsibility 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 pre- pared by the Architect for this Project arc instruments (if the Architect's service for use solely with respect to this Project, and the Architect shall be deemed the author of these docu- ments and shall retain all common law, statutory and tither 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 he used by the Owner or others on other projects, for additions to this Pr+rjcct or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agmenient. except by agreement in writing and with appropriate compens;nion it 1 the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purptrscs ill c•onttcction with the Project is not t() be construed As publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION parties this Agreement arising out of or relating to this Agro trent or l each thereof shall he subject to and decided be arhi- tration in a prd;utce with the Construction Industry- Arbitra- tion Rules of )c American Arbitration Association currendv in effect unless th arties mutually agree other -,vise. No arbitra- tion arising out o r relating to this Agreement shall InCltrde. by consolidation, joint •r or in any other niatincr, an ❑dditiottal person or entity not a arty to this Agreement, except by -,x I'll tell consent containing specific reference to this Agrecnxvrn signccl by the Ocaner, Arc •tett, and anv other person or emit% sought to he joined. Const to arbitration involving an addi- tional person or entity shall i t constitute consent to arhitni tion Of any claim, dispute Or tktcr matter in (j(uc."tinn not described in the written consent. 'its foregoing Agreement to arbitrate and other agreements to a titrate wilt an additional person or entity duly consented to by to parties to this Agree• ment shall be specifically enforceable in cordRnce with appli- cable law in any court having jurisdiction tereof. 7.2 In no event shall the demand for arbitrat n be made after the date when institution of legal or equitah - proceedings based on such claim, dispute or other matter in qtr stion would be barred by the applicable statutes of limitations. 7.3 The award rendered by the arbitratoror:arbitrators 1.111 he final, and judgment may he entered upon it in accordant with ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party' ulx)n not less than seven days' written notice should the other party AIA DOCUMENT 8151 • AlillREVIAT'i D OWNER-AR(:iltT-ECT A(;REEMENT • Ttt[RD Et)1TION + AIA® • ©1987 8151-1987 4 TIIF. AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2M06 fall substantially to perform In accordance with the terms of this Agreement through no fault of the party initiating the ter - ruination. 8,2 If the project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equit- ably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven 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 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when clue the Archi- tect for services and expenses, the Architect may, upon seven clays' written notice to the owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven clays 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. 8.6 In the evert[ 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 'Tcrminalion Expenses. 8.7 Termination Expenses are in Addition to compensation for Ilasic and Additional Services, and include expenses which are directly attributable to termination. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 t Inlcss otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9,2 'Perms in this Agreement shall have the same meaning As those in AIA Doctunent A201, General conditions of tate Con- tract 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 anti the applicable statutes of limitations shall com- mence to run not later than either the datC of Substantial Coni- pletion for acts or falhlres to ;let OC•C(Irring prior to Substantial (;omplction, or the date orf i5SUan•e of the final Certificate for Pavinent for acts or failures to :act occurring after Substanti;tl ( :ontplction, 9.4 The owner and Archilect waive all rights Against each other :and against the contractors, consultant.,;, agents and employers of the other Far danhaRes, but only to the extent covered by property insurance during Construction, except such rights as they nhay have to [tic proceeds of such insurance as set forth in the c(litinn of AIA Document A201, General Con- ditions of the Contract for Construction, current as or the (,late of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, hind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, suc- cessors, 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 agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements• either writ- ten 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 it contrac- tual relationship with or a cause of action in favor of A third party against either the Owner or Architect. 9.8 The Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal set disposal of or exposure of persons to hazardous materials in any form at the Project site, including hitt not limited t<, asbestos, ashesttls products, polychlorinated biphenyl (I1(:1i) or other toxic substances. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1,1 Direct Personnel Expense is defined ;is the direct salaries of the Architect's personnel engaged on the Project and the portion of the coast of their mandatory and customary C011- tributions and benefits related thereto, such ;Is cnlpk)}ntcut taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pension.,; and similar contributions and benefit. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses include expenses incurred by the Architect in the interest of the Project for: .1 expense of transportation and living expenses in con- nection with out-of-town travel authorized by the Owner; .3 fees paid for securing approval of auttoritics 11A ing jurisdiction over the Project; .4 reproductions; .5 postage .in([ handling of Drawings and Spec•ific:aticul.; .6 expense of overtime work requiring higher than FC911 lar rates, if authorized by the on tier; .7 renderings and models requested by [lice 0" net; .8 expense of additional insurance coverage or limit.. including professional liability insurance. rccluc%Wd by the Owner in excess of that normally carried 1}% the Architect and Architect's consultants: incl AIA DOCUMENT 0151 - ABBREVIATED OWNER-ARCI111'EECTA(iREF.,%aNT • 1 111R ttDtllt 7N • AIA' • I' t `W 5 8151-1987 THE ANIFRICAN INSTITUTE or ARCHITECTS, 1735 NEW YORK AVENUE. N.%(',, WAs)11NG'1'ON, 1) C 2011IX. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial paynient as set forth in Paragraph I I A is the nuninium payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made nuxttlily and, where applicable, shall be In proportion to ser- vices performed within cacti phase of service. 10.3.3 If and to the extent that the time initially established in Subparagraph I t.S.I of this Agreement is exceeded or ex- tended 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. forth in Subparagraph 11.2.2, based on (1) the lowest liana 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 por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Payments on account of the Architect's Additional Ser- vices and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.3.4 When compensation is based on a percentage of Con- 10.5 PAYMENTS WITHHELD struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of 10.5.1 No deductions shall be made from the Architect's com- the Project shall be payable to the extent services are per- pensation on account of sums withheld front payments to banned on those portions, in accordance with the schedule set contractors. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT OF Zero raollars(f -0- } shall he 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: (lrasertlxi's is+f iortrig linkslipulutedsums, multiples orlwwouatges,arriidmt6o,plcesesit) whichJrartiridarm0l.mx&(y4ompoisrelfouu//d1". if nt%oQuin, Fee for services shall be stipulated sum of $101,220.00 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in cacti phase shall total the fallowing percentages of the total Basic Compensation payable: (Arserl aaklitiarual pbavea a q (qpn jiriatt4) Design Nuse: Construction [)ocunients Pltase: �ic -Bard Contract ons ru rlSlt _ SC: 'Total liasic• compensation: Twenty percent( 2Ox) Fifty Ixrcent( 50y.) Five Twenty wive Ixrcent(2c" one hundred percent (100%) AIA DOCUMENT 8151 • AMIREVIA7'F.D OWNER-ARCHITECTAGREEMENT • THIRD EDITION • AIAS • O 19H7 'Alli AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(XXXi 8151-1967 6 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11,3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall he conynucd as htllows: See Attached Rate Schedule 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identified in Articic 12, compensation shall be computed .ts fllllllws: (irr.:,•rr haws of rOnrp,+rsartdnrn, inclaethig rates arrel/arr- mrdti/rlrs (d Ulrect petvitine! Rt vnse fir 11rincipfits arral ernphirees, a+rd iderrtifr I Nene kers arrnI rr,,.,sijr rrtr/,f.'1'tvs, if regtired. fdrrrtr/J,-yr,ti'rfir srrrtrch lu ra bielr parNnder one f&xh of cunrIAL twifiure reppJ 1. If net'essary. f See Attached Rate Schedule 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and cicctrical engineering scr- t•it-CS anti those proVide(i under Article 3 or identified in Article 12 as part of Additional Sen•ices, a muhiple of one point one ( 1.10 ) times the aillotults billed to the Architect for such services. (idenaly .+pt¢ili, 11f,es r,f ecorsidianrs in Arrhh• 11, !f rt'e(tdrerl.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR RF:INiBURSA111.E EXPENSES, as described In Paragraph 111.2, :Incl any other items included in Article 12 as Reimbursable Expenses, a multiple of One ( 1.0 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 11, THE BASIC SERVICES covered by this Agreement have not been completed within twenty—four 1 24 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services heyoncl that time shall he compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable f if teen (15) days from the date of the Architect's invoice. Amounts unpaid thirty (3 0 days after invoice date shall bear interest from the date payment is due 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 atnl' rate of interest agreed uJxur.) (I 'srerl fans and requirements tinder the Federal Truilt in Lending Act, similar state aril local cornsraner erredif laws and outer reegu41firons at tbe• Owner's entad A n In ht t :c princilud places of brasinesa, the location (If the PPTjen'l and elscub~ ilial' a ff,YY the l+ediditr r1 this prrrr�ision. I jx% fic legal a& -we atxaild lm- r+lnahred with resJte•c r h+ (10VUOns Or rntxlifruuiurrs, and also regarding requir�erttents such+ as uriffen edisclosurrs or uwivers.) 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. AIA DOCUMENT 8151 • ABBREVIATED OWNER ARCI IITECT AGREEMENT • THIRD EDITION • AIA® 0@1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8151^1987 7 ARTICLE 12 OTHER CONDITIONS OR SERVICES f l+utTi descrf#lffulrs f7 wher semis es, identify Aadithwal Services irichided nilblt7 &uic c(AAJJt71Jfi(IUft and rltlkllflCiltYUN3 it, (bv jhq"jenl Ciotti { (ltlk-limilf...1 1Prmd imlfs,Jed too this Agreelur!!1 ) r Ap as t Content: AIA DOCUMENT 4161 9 ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDIT1Oi1 • AMO • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 01511.1987 8 JDMA Joe D. McKay A.I.A. Architects Members American Institute of Architects Architecture • Planning • Interior Design Hourly Rate Structure: Joe D. McKay, Principal $80 per hour Consulting Associate $70 per hour Associate Architect $60 per hour Staff Architect $50 per hour Interior Designer $50 per hour Intern Architect $35 per hour Draftsman $25 per hour Clerical $25 per hour 1402 Avenue N • Lubbock, Texas 79401 • (806) 744-4490 • FAX (806) 744-4494 . 41VAPI IP, CERTIFICATE 4F INSURANCE DATE avovss02195YYy THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE McLAUGHLIN,'BRUNSON INS. AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10925 ESTATE LANE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE SUITE A 250 DALLAS, TX 75238 COMPANY 214-503-1212 A DESIGN PROFESSIONALS INSURANCE COMPANY INSURED COMPANY JOE D. MCKAY, AIA ARCHITECT B 1402 AVENUE N COMPANY LUBBOCK, TX C 79401- COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EFFECTIVE POLICY EXPIRATION CD TYPE OF INSURANCE POLICY NUMBER POLICY Lam LTR DATE (MMIDOPRY) DATE (MMIDDIYY) GENERAL LIA13MM GENFFAL AGGREGATE _$ PRODUCTS - COMPYOP AGG COMMERCAL GENERAL LIABILITY S PERSONAL 8 ADV INJURY CLAIMS MADE I OCCUR S f OWNER'S 3 CONTRACTOR'S PROT EACH OCCURRENCE S FIFE DAMAGE (My one fire) - 1 S MED EXP (Any oneperson) S AUTDYOBILE LIABY,ITY COMBINED SINGLE LUAR S ANY AUTO BODILY INJURY ALL OWNED AUTOS S (Pei person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE S - GARAGE LIABILITY AUTO ONLY -TA ACCIDENT S _ OTHER THAN AUTO ONLY; ANY AUTO EACH ACCIDENT S AGGREGATE S ,EXCESS LIABLFTV EACH OCCURRENCE AGGREGATE UMBRELLA FORM OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND STATUTORY LIMITS EACH ACCIDENT EMPLOYERS' LLABUM S DISEASE - POLICY LIMB _ THE PROPRIETOR! 114CL 5 DISEASE - EACH EMPLOYEE PARTNERSE-XECUTIVE OFFICERS ARE: EXCL 5 A OTHER PROFESSIONAL PLOM56-01 02-07-95 02-07-96 Si 258,000 1 500,D000 LIABILITY $ 10,000 DEDUCTIBLE DESCRIPTION OF OPERA770NSILOCATIONS1VEHICLEWSPECIAL ITEMS THE CLAIMS MADE PROFESSIONAL LIABILITY COVERAGE IS THE TOTAL AGGREGATE LIMIT FOR ALL CLAIMS PRESENTED WITHIN THE POLICY AND IS SUBJECT TO A DEDUCTIBLE. CERnF€CATE HOLDER CJ'll�CELLAT1flN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE MR-JOE MCKAY EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL JOE D. MCKAY, AIA ARCHITECT In DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LFf'1', BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, AGENTS OR REPRESENTATIVES. EP" AU � VVE WORD 25-S f393) Q ACORD CORPORA n 1993