HomeMy WebLinkAbout54-97 RESOLUTIONRESOLUTION NO. 5 4 - 9
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT WITH
WITTENBERG, DELON)EY & DAVIDSON, INC., IN AN
AMOUNT NOT TO EXCEED $44,125.00, TO PROVIDE
ARCHITECTURAL SERVICES FOR THE EXTERIOR
RENOVATION OF THE CENTRAL FIRE STATION,
RENOVATION/NEW CONSTRUCTION OF STATION 4, AND
DEVELOPMENT OF A PROTOTYPE FIRE STATION DESIGN.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby authorizes the Mayor and City Clerk to
execute an agreement with Wittenberg, Deloney & Davidson, Inc., in an amount not to exceed
$44,125.00, to provide architectural services for the exterior renovation of the Central Fire
Station, renovation/new construction of Station 4, and development of a prototype fire station
design. A copy of the agreement is attached hereto as Exhibit "A" and made a part hereof.
` F Y�ASSED AND APPROVED this 17th day of June , 1997.
� Y
Al APPROVED:
< Wil
Y
4 3e By.
Fred Hanna, Mayor
ATT
By: '�
Traci Paul, City Clerk
EXHIBIT A
9
Standard Form of Agreement Between Owner and Architect
AIA Document B141 - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 by The American Institute of Architects, 1735 New York Avenue,
N.W., Washington, D.C., 20006-5292. 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.
AGREEMENT
made as of the FIFTEENTH day of MAY in the year of Nineteen Hundred and N i n e t y S ev e n
BETWEEN the Owner:
(Name and address)
CITY OF FAYETTEVILLE. ARKANSAS
CITY ADMINISTRATION BUILDING
113 WEST MOUNTAIN STREET
FAYETTEVILLE, ARKANSAS 72701
and the Architect:
(Name and address)
WITTENBERG. DELONY & DAVIDSON. INC
100 WEST CENTER
FAYETTEVILLE, ARKANSAS 72701
For the following Project:
(Include detailed description of Project, location, address and scope.)
A CONTRACT FOR VARIOUS PROJECTS FOR THE FAYETTEVILLE FIRE DEPARTMENT TO INCLUDE
1) RENOVATION OF THE EXISTING MAIN STATION INCLUDING NEW FACADE WORK
2) PROTOTYPE PLAN FOR A TYPICAL NEW SUBSTATION TO BE USED AT VARIOUS SITES
3) RENOVATION AND/OR NEW CONSTRUCTION FOR EXISTING FIRE DEPT. SUB -STATION #4
4) NEW CONSTRUCTION FOR NEW SOUTHWEST FIRE SUB -STATION
The Owner and Architect agree as set forth below
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997. AIA License Number 131378, which expires on 7/1/1997 -- Page #1
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services
performed by the Architect, Architect's employees and
Architect's consultants as enumerated in Articles 2 and 3 of
this Agreement and any other services included in Article 12.
1.1.2 The Architect's services shall be performed as
expeditiously as is consistent with professional skill and care
and the orderly progress of the Work. Upon request of the
Owner, the Architect shall submit for the Owner's approval a
schedule for the performance of the Architect's services which
may be adjusted as the Project proceeds, and shall include
allowances for periods of time required for the Owner's review
and for approval of submissions by authorities having
jurisdiction over the Project. Time limits established by this
schedule approved by the Owner shall not, except for
reasonable cause, be exceeded by the Architect or Owner.
1.1.3 The services covered by this Agreement are subject
to the time limitations contained in Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those
described in Paragraphs 2.2 through 2.6 and any other services
identified in Article 12 as part of Basic Services, and include
normal structural, mechanical and electrical engineering
services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by
the Owner to ascertain the requirements of the Project and
shall arrive at a mutual understanding of such requirements
with the Owner.
2.2.2 The Architect shall provide a preliminary evaluation
of the Owner's program, schedule and construction budget
requirements, each in terms of the other, subject to the
limitations set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative
approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed -upon program,
schedule and construction budget requirements, the Architect
shall prepare, for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a
preliminary estimate of Construction Cost based on current
area, volume or other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents
and any adjustments authorized by the Owner in the program,
schedule or construction budget, the Architect shall prepare,
for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and
describe the size and character of the Project as to
architectural, structural, mechanical and electrical systems,
materials and such other elements as may be appropriate.
2.3.2 The Architect shall advise the Owner of any
adjustments to the preliminary estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development
Documents and any further adjustments in the scope or quality
of the Project or in the construction budget authorized by the
Owner, the Architect shall prepare, for approval by the
Owner, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for the
construction of the Project.
2.4.2 The Architect shall assist the Owner in the
preparation of the necessary bidding information, bidding
forms, the Conditions of the Contract, and the form of
Agreement between the Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any
adjustments to previous preliminary estimates of Construction
Cost indicated by changes in requirements or general market
conditions.
2.4.4 The Architect shall assist the Owner in connection
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997. AIA License Number 131378, which expires on 7/1/1997 -- Page #2
with the Owner's responsibility for filing documents required
for the approval of governmental authorities having
jurisdiction over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the
Construction Documents and of the latest preliminary estimate
of Construction Cost, shall assist the Owner in obtaining bids
or negotiated proposals and assist in awarding and preparing
contracts for construction.
2.6 CONSTRUCTION PHASE -ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic
Services for the Construction Phase under this Agreement
commences with the award of the Contract for Construction
and terminates at the earlier of the issuance to the Owner of
the final Certificate for Payment or 60 days after the date of
Substantial Completion of the Work.
2.6.2 The Architect shall provide administration of the
Contract for Construction as set forth below and in the edition
of AIA Document A201, General Conditions of the Contract
for Construction, current as of the date of this Agreement,
unless otherwise provided in this Agreement.
2.6.3 Duties, responsibilities and limitations of authority of
the Architect shall not be restricted, modified or extended
without written agreement of the Owner and Architect with
consent of the Contractor, which consent shall not be
unreasonably withheld.
2.6.4 The Architect shall be a representative of and shall
advise and consult with the Owner (1) during construction
until final payment to the Contractor is due, and (2) as an
Additional Service at the Owner's direction from time to time
during the correction period described in the Contract for
Construction. The Architect shall have authority to act on
behalf of the Owner only to the extent provided in this
Agreement unless otherwise modified by written instrument.
2.6.5 The Architect shall visit the site at intervals
appropriate to the stage of construction or as otherwise
agreed by the Owner and Architect in writing to become
generally familiar with the progress and quality of the Work
completed and to determine in general if the Work is being
performed in a manner indicating that the Work when
completed will be in accordance with the Contract
Documents. However, the Architect shall not be required to
make exhaustive or continuous on -site inspections to check
the quality or quantity of the Work. On the basis of on -site
observations as an architect, the Architect shall keep the
Owner informed of the progress and quality of the Work, and
Skiall endeavor to guard the Owner against defects and
deficiencies in the Work. (More extensive site representation may he
agreed to as an Additional Service, as descrihed in Paragraph 3.2)
2.6.6 The Architect shall not have control over or charge
of and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since
these are solely the Contractor's responsibility under the
Contract for Construction. The Architect shall not be
responsible for the Contractor's schedules or failure to carry
out the Work in accordance with the Contract Documents.
The Architect shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors, or their agents
or employees, or of any other persons performing portions of
the Work.
2.6.7 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract
Documents or when direct communications have been
specially authorized, the Owner and Contractor shall
communicate through the Architect. Communications by and
with the Architect's consultants shall be through the Architect.
2.6.9 Based on the Architect's observations and evaluations
of the Contractor's Applications for Payment, the Architect
shall review and certify the amounts due the Contractor.
2.6.10 The Architect's certification for payment shall
constitute a representation to the Owner, based on the
Architect's observations at the site as provided in
Subparagraph 2.6.5 and on the data comprising the
Contractor's Application for Payment, that 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 Documents. The
foregoing representations are subject to an evaluation of the
Work for conformance with the Contract Documents upon
Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents
correctable prior to completion and to specific qualifications
expressed by the Architect. The issuance of a Certificate for
Payment shall further constitute a representation that the
Contractor is entitled to payment in the amount certified.
However, the issuance of a Certificate for Payment shall not
be a representation that the Architect has (1) made exhaustive
or continuous on -site 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
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997. AIA License Number 131378, which expires on 7/1/1997 -- Page #3
substantiate the Contractor's right to payment or (4)
ascertained how or for what purpose the Contractor has used
money previously paid on account of the Contract Sum.
2.6.11 The Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable for
implementation of the intent of the Contract Documents, the
Architect will have authority to require additional inspection
or testing of the Work in accordance with the provisions of
the Contract Documents, whether or not such Work is
fabricated, installed or completed. However, neither this
authority of the Architect nor a decision made in good faith
either to exercise or not to exercise such authority shall give
rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment suppliers,
their agents or employees or other persons performing
portions of the Work.
2.6.12 The Architect shall review and approve or take other
appropriate action upon Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for the limited
purpose of checking for conformance with information given
and the design concept expressed in the Contract Documents.
The Architect's action shall be taken with such reasonable
promptness as to cause no delay in the Work or in the
construction of the Owner or of separate contractors, while
allowing sufficient time in the 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 designed by the
Contractor, all of which remain the responsibility of the
Contractor to the extent required by the Contract Documents.
The Architect's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the
Architect, of construction means, methods, techniques,
sequences or procedures. The Architect's approval of a
specific item shall not indicate approval of an assembly of
which the item is a component. When professional
certification of performance characteristics of materials,
systems or equipment is required by the Contract Documents,
the Architect shall be entitled to rely upon such certification to
establish that the materials, systems or equipment will meet
the performance criteria required by the Contract Documents.
2.6.13 The Architect shall prepare Change Orders and
Construction Change Directives, with supporting
documentation and data if deemed necessary by the Architect
as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's
approval and execution in accordance with the Contract
Documents, and may authorize minor changes in the Work not
ir;volving an adjustment in the Contract Sum or an extension
of the Contract Time which are not inconsistent with the
intent of the Contract Documents.
2.6.14 The Architect shall conduct inspections to determine
the date or dates of Substantial Completion and the date of
final completion, shall receive and forward to the Owner for
the Owner's review and records written warranties and related
documents required by the Contract Documents and
assembled by the Contractor, and shall issue a final Certificate
for Payment upon compliance with the requirements of the
Contract Documents.
2.6.15 The Architect shall interpret and decide matters
concerning performance of the Owner and Contractor under
the requirements of the Contract Documents on written
request of either the Owner or Contractor. The Architect's
response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall be
consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the form of
drawings. When making such interpretations and initial
decisions, the Architect shall endeavor to secure faithful
performance by both Owner and Contractor, shall not show
partiality to either, and shall not be liable for results of
interpretations or decisions so rendered in good faith.
2.6.17 The Architect's decisions on matters relating to
aesthetic effect shall be final if consistent with the intent
expressed in the Contract Documents.
2.6.18 The Architect shall render written decisions within a
reasonable time on all claims, disputes or other matters in
question between the Owner and Contractor relating to the
execution or progress of the Work as provided in the Contract
Documents.
2.6.19 The Architect's decisions on claims, disputes or other
matters, including those in question between the Owner and
Contractor, except for those relating to aesthetic effect as
provided in Subparagraph 2.6.17, shall be subject to
arbitration as provided in this Agreement and in the Contract
Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not
included in Basic Services unless so identified in Article 12,
and they shall be paid for by the Owner as provided in this
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the pennission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997. AIA License Number 131378, which expires on 7/1/1997 -- Page #4
Agreement, in addition to the compensation for Basic
Services. The services described under Paragraphs 3.2 and
3.4 shall only be provided if authorized or confirmed in writing
by the Owner. If services described under Contingent
Additional Services in Paragraph 3.3 are required due to
circumstances beyond the Architect's control, the Architect
shall notify the Owner prior to commencing such services. If
the Owner deems that such services described under
Paragraph 3.3 are not required, the Owner shall give prompt
written notice to the Architect. If the Owner indicates in
writing that all or part of such Contingent Additional Services
are not required, the Architect shall have no obligation to
provide those services.
3.2 PROJECT REPRESENTATION BEYOND
BASIC SERVICES
3.2.1 If more extensive representation at the site than is
described in Subparagraph 2.6.5 is required, the Architect
shall provide one or more Project Representatives to assist in
carrying out such additional on -site responsibilities.
3.2.2 Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be
compensated therefor as agreed by the Owner and Architect.
The duties, responsibilities and limitations of authority of
Project Representatives shall be as described in the edition of
AIA Document B352 current as of the date of this Agreement,
unless otherwise agreed.
3.2.3 Through the observations by such Project
Representatives, the Architect shall endeavor to provide
further protection for the Owner against defects and
deficiencies in the Work, but the furnishing of such project
representation shall not modify the rights, responsibilities or
obligations of the Architect as described elsewhere in this
Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or
other documents when such revisions are:
.1 inconsistent with approvals or instructions previously
given by the Owner, including revisions made
necessary by adjustments in the Owner's program or
Project budget;
.2 required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such
documents; or
.3 due to changes required as a result of the Owner's
failure to render decisions in a timely manner.
3.3.2 Providing services required because of significant
changes in the Project including, but not limited to, size,
quality, complexity, the Owner's schedule, or the method of
bidding or negotiating and contracting for construction, except
for services required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specifications and other
documentation and supporting data, evaluating Contractor's
proposals, and providing other services in connection with
Change Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating
substitutions proposed by the Contractor and making
subsequent revisions to Drawings, Specifications and other
documentation resulting therefrom.
3.3.5 Providing consultation concerning replacement of
Work damaged by fire or other cause during construction, and
furnishing services required in connection with the
replacement of such Work.
3.3.6 Providing services made necessary by the default of
the Contractor, by major defects or deficiencies in the Work of
the Contractor, or by failure of performance of either the
Owner or Contractor under the Contract for Construction.
3.3.7 Providing services in evaluating an extensive number
of claims submitted by the Contractor or others in connection
with the Work.
3.3.8 Providing services in connection with a public
hearing, arbitration proceeding or legal proceeding except
where the Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or
sequential bids or providing services in connection with
bidding, negotiation or construction prior to the completion of
the Construction Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and
programming the requirements of the Project.
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing planning surveys, site evaluations or
comparative studies of prospective sites.
3.4.4 Providing special surveys, environmental studies and
submissions required for approvals of governmental
authorities or others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities, systems
and equipment.
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE ANIERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the percussion of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997. AIA License Number 131378, which expires on 7/1/1997 -- Page #5
3.4.6 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof
3.4.7 Providing services to verify the accuracy of drawings
or other information furnished by the Owner.
3.4.8 Providing coordination of construction performed by
separate contractors or by the Owner's own forces and
coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a
construction manager or separate consultants retained by the
Owner.
3.4.10 Providing detailed estimates of Construction Cost
3.4.11 Providing detailed quantity surveys or inventories of
material, equipment and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services
required for or in connection with the selection, procurement
or installation of furniture, furnishings and related equipment.
3.4.14 Providing services for planning tenant or rental
spaces.
3.4.15 Making investigations, inventories of materials or
equipment, or valuations and detailed appraisals of existing
facilities.
3.4.16 Preparing a set of reproducible record drawings
showing significant changes in the Work made during
construction based on marked -up prints, drawings and other
data furnished by the Contractor to the Architect.
3.4.17 Providing assistance in the utilization of equipment or
systems such as testing, adjusting and balancing, preparation
of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
3.4.18 Providing services after issuance to the Owner of the
final Certificate for Payment, or in the absence of a final
Certificate for Payment, more than 60 days after the date of
Substantial Completion of the Work.
3.4.19 Providing services of consultants for other than
architectural, structural, mechanical and electrical engineering
portions of the Project provided as a part of Basic Services.
3.4.20 Providing any other services not otherwise included
in this Agreement or not customarily furnished in accordance
with generally accepted architectural practice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding
requirements for the Project, including a program which shall
set forth the Owner's objectives, schedule, constraints and
criteria, including space requirements and relationships,
flexibility, expandability, special equipment, systems and site
requirements.
4.2 The Owner shall establish and update an overall
budget for the Project, including the Construction Cost, the
Owner's other costs and reasonable contingencies related to all
of these costs.
4.3 If requested by the Architect, the Owner shall furnish
evidence that financial arrangements have been made to fulfill
the Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative
authorized to act on the Owner's behalf with respect to the
Project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents
submitted by the Architect in order to avoid unreasonable
delay in the orderly and sequential progress of the Architect's
services.
4.5 The Owner shall furnish surveys describing physical
characteristics, legal limitations and utility locations for the
site of the Project, and a written legal description of the site.
The surveys and legal information shall include, as applicable,
grades and lines of streets, alleys, pavements and adjoining
property and structures; adjacent drainage; rights -of -way,
restrictions, easements, encroachments, zoning, deed
restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings,
other improvements and trees; and information concerning
available utility services and lines, both public and private,
above and below grade, including inverts and depths. All the
information on the survey shall be referenced to a project
benchmark.
4.6 The Owner shall furnish the services of geotechnical
engineers when such services are requested by the Architect.
Such services may include but are not limited to test borings,
test pits, determinations of soil bearing values, percolation
tests, evaluations of hazardous materials, ground corrosion
and resistivity tests, including necessary operations for
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997. AIA License Number 131378, which expires on 7/1/1997 -- Page #6
anticipating subsoil conditions, with reports and appropriate
professional recommendations.
4.6.1 The Owner shall furnish the services of other
consultants when such services are reasonably required by the
scope of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural, mechanical,
chemical, air and water pollution tests, tests for hazardous
materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract
Documents.
4.8 The Owner shall furnish all legal, accounting and
insurance counseling services as may be necessary at any time
for the Project, including auditing services the Owner may
require to verify the Contractor's Applications for Payment or
to ascertain how or for what purposes the Contractor has used
the money paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports
required by Paragraphs 4.5 through 4.8 shall be furnished at
the Owner's expense, and the Architect shall be entitled to rely
upon the accuracy and completeness thereof.
4.10 Prompt written notice shall be given by the Owner to
the Architect if the Owner becomes aware of any fault or
defect in the Project or nonconformance with the Contract
Documents.
4.11 The proposed language of certificates or
certifications requested of the Architect or Architect's
consultants shall be submitted to the Architect for review and
approval at least 14 days prior to execution. The Owner shall
not request certifications that would require knowledge or
services beyond the scope of this Agreement.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the Project
designed or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at
current market rates of labor and materials furnished by the
Owner and equipment designed, specified, selected or
specially provided for by the Architect, plus a reasonable
allowance for the Contractor's overhead and profit. In
addition, a reasonable allowance 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 does 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
responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION
COST
5.2.1 Evaluations of the Owner's Project budget,
preliminary estimates of Construction Cost and detailed
estimates of Construction Cost, if any, prepared by the
Architect, represent the Architect's best judgment as a design
professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner
has control over the cost of labor, materials or equipment,
over the Contractor's methods of determining bid prices, or
over competitive bidding, market or negotiating conditions.
Accordingly, the Architect cannot and does not warrant or
represent that bids or negotiated prices will not vary from the
Owner's Project budget or from any estimate of Construction
Cost or evaluation prepared or agreed to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be
established as a condition of this Agreement by the furnishing,
proposal or establishment of a Project budget, unless such
fixed limit has been agreed upon in writing and signed by the
parties hereto. If such a fixed limit has been established, the
Architect shall be permitted to include contingencies for
design, bidding and price escalation, to determine what
materials, equipment, component systems and types of
construction are to be included in the Contract Documents, to
make reasonable adjustments in the scope of the Project and
to include in the Contract Documents alternate bids to adjust
the Construction Cost to the fixed limit. Fixed limits, if any,
shall be increased in the amount of an increase in the Contract
Sum occurring after execution of the Contract for
Construction.
5.2.3 If the Bidding or Negotiation Phase has not
commenced within 90 days after the Architect submits the
Construction Documents to the Owner, any Project budget or
fixed limit of Construction Cost shall be adjusted to reflect
changes in the general level of prices in the construction
industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals are
sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as
provided in Subparagraph 5.2.3) is exceeded by the lowest
bona fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed
limit;
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
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.2 authorize rebidding or renegotiating of the Project
within a reasonable time;
.3 if the Project is abandoned, terminate in accordance
with Paragraph 8.3; or
.4 cooperate in revising the Project scope and quality as
required to reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause
5.2.4.4, the Architect, witheu additienal charge, shall modify
the Contract 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 responsibility arising out of the establishment of a
fixed limit. The Architect shall be entitled to compensation in
accordance with this Agreement for all services performed
whether or not the Construction Phase is commenced.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents
prepared by the Architect for this Project are instruments of
the Architect's service for use solely with respect to this
Project and, unless otherwise provided, the Architect shall be
deemed the author of these documents and shall retain all
common law, statutory and other reserved rights, including the
copyright. The Owner shall be permitted to retain copies,
including reproducible copies, of the Architect's Drawings,
Specifications and other documents for information and
reference in connection with the Owner's use and occupancy
of the Project. The Architect's Drawings, Specifications or
other documents shall not be used by the Owner or others on
other projects, for additions to this Project or for completion
of this Project by others, unless the Architect is adjudged to be
in default under this Agreement, except by agreement in
writing and with appropriate compensation to the Architect.
6.2 Submission or distribution of documents to meet
official regulatory requirements or for similar purposes in
connection with the Project is not to be construed as
publication in derogation of the Architect's reserved rights.
Insert A. ARTICLE 7 ARBITRATION IS DELETED
ARTICLE 7
ARBITRATION
7.1 F Fs in questien between
te palEies e his—k_i-reeffiem arising tef. e relating e
Agreements breaelt theree€ shallkjeetdeeided-
by-aFbitratien -in awe -with-the Ge�8tieix in"stry
AFbitFatien Rules $f 4he Ameriean--Afbitratien Asseeiafienr
CUFFemlyin of ♦ unless the ...titer .. ut a fl agree etherw
7.2 Demander arbitFatien—shall43e-filed-in-writing with
the ether -party 4e 4his -Agreement -and -with 4he Ame„ean
A _1� itFatien Asse6atien. --A demand -fbf arbitratie-shall 4)e-
made within a reasonable time ar the -claim, dispute or- eeher-
n,^ F . quest+en- ias-arisen- *—ne event steal-theAemand-fer-
aFbitFatiernadwheninstitutielegal
equitable -preeeedings used en -stwh -elaim-, dispute eF tether
matteF4nquestien weeldbarred-by-the applicable st
e€ limitat+ens.
7.3 No ar'-a� itr-mien arising -eut �f -eF r-ehitig 4e
Agreement -shall inelude, - iy -eenselidation, joinder -eF 4 -any-
other manner, an a arty-to4his--
Agree=••_ f apt -by tent zansUNn fentaining -a speeifiE
Feferenee-te-tlHs Agreen3eHt Signed -by -the Owner, Areliteet,
and any other perserr er ept+t set �r#t to be joined—Eensent to
arbitration +nvalving -an addit ienal persen -er -entity —,hall net
eenstittite other
�n-to�tFbit-ration-e€ of}y�lainr,-dtspote��
matter ' Fibed in th—v ' with
a person eF -entity -not named er deseribed therein: - -Thhe-
€eFegoing -agreement 4e arbitrate -and other -agreements 4e-
arbitratettienal persen-ef-entity-duly eensented
by 4he dies 4e -this Afeement 43e speeifieally
enfereeable -in aeeerdanee with -applicable -law -in -any art
having jurisdiction thereof.
7.4 The awardzcedered-by-the arbitrate -of a'�'�_itraters
shall -be final -and judgment -may -be entered open -it 4 --
aneorda ce with
thereof
ARTICLE 8
TERMINATION, SUSPENSION OR
ABANDONMENT
8.1 This Agreement may be terminated by either party
upon not less than seven days' written notice should the other
party fail substantially to perform in accordance with the terms
of this Agreement through no fault of the party initiating the
termination.
8.2 If the Project is suspended by the Owner for more
than 30 consecutive days, the Architect shall be compensated
for services performed prior to notice of such suspension.
When the Project is resumed, the Architect's compensation
shall be equitably adjusted to provide for expenses incurred in
the interruption and resumption of the Architect's services.
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the percussion of the AIA and can be reproduced without violation until the date of expiration as noted
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Architect.
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 due the
Architect for services and expenses, the Architect may, upon
seven days' written notice to the Owner, suspend performance
of services under this Agreement. Unless payment in full is
received by the Architect within seven days of the date of the
notice, the suspension shall take effect without further notice.
In the event of a suspension of services, the Architect shall
have no liability to the Owner for delay or damage caused the
Owner because of such suspension of services.
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
Paragraph 8.7.
8.7 Termination Expenses are in addition to
compensation for Basic and Additional Services, and include
expenses which are directly attributable to termination.
Termination Expenses shall be computed as a percentage of
the total compensation for Basic Services and Additional
Services earned to the time of termination, as follows:
.1 Twenty percent of the total compensation for Basic
and Additional Services earned to date if termination
occurs before or during the predesign, site analysis,
or Schematic Design Phases; or
.2 Ten percent of the total compensation for Basic and
Additional Services earned to date if termination
occurs during the Design Development Phase; or
.3 Five percent of the total compensation for Basic and
Additional Services earned to date if termination
occurs during any subsequent phase.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.2 Terms in this Agreement shall have the same meaning
as those in AIA Document A201, General Conditions of the
Contract for Construction, current as of the date of this
Agreement.
9.3 Causes of action between the parties to this
Agreement pertaining to acts or failures to act shall be deemed
to have accrued and the applicable statutes of limitations shall
commence to run not later than either the date of Substantial
Completion for acts or failures to act occurring prior to
Substantial Completion, or the date of issuance of the final
Certificate for Payment for acts or failures to act occurring
after Substantial Completion.
9.4 The Owner and Architect waive all rights against
each other and against the contractors, consultants, agents and
employees of the other for damages, but only to the extent
covered by property insurance during construction, except
such rights as they may have to the proceeds of such insurance
as set forth in the edition of AIA Document A201, General
Conditions of the Contract for Construction, current as of the
date 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, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to the
partners, successors, assigns and legal representatives of such
other party with respect to all covenants of this Agreement.
Neither Owner nor Architect shall assign this Agreement
without the written consent of the other.
9.6 This Agreement represents the entire and integrated
agreement between the Owner and Architect and supersedes
all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by
written instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a
third party against either the Owner or Architect.
9.8 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 in
any form at the Project site, including but not limited to
asbestos, asbestos products, polychlorinated biphenyl (PCB)
or other toxic substances.
9.1 Unless otherwise provided, this Agreement shall be 9.9 The Architect shall have the right to include
governed by the law of the principal place of business of the representations of the design of the Project, including
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
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photographs of the exterior and interior, among the Architect's
promotional and professional materials. The Architect's
materials shall not include the Owner's confidential or
proprietary information if the Owner has previously advised
the Architect in writing of the specific information considered
by the Owner to be confidential or proprietary. The owner
shall provide professional credit for the Architect on the
construction sign and in the promotional materials for the
Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project
and the portion of the cost of their mandatory and customary
contributions and benefits related thereto, such as employment
taxes and other statutory employee benefits, insurance, sick
leave, holidays, vacations, pensions and similar contributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to
compensation for Basic and Additional Services and include
expenses incurred by the Architect and Architect's employees
and consultants in the interest of the Project, as identified in
the following Clauses.
10.2.1.1 Expense of transportation in connection with the
Project; expenses in connection with authorized out-of-town
travel; long-distance communications; and fees paid for
securing approval of authorities having jurisdiction over the
Project.
10.2.1.2 Expense of reproductions, postage and handling
of Drawings, Specifications and other documents.
10.2.1.3 If authorized in advance by the Owner, expense
of overtime work requiring higher than regular rates.
10.2.1.4 Expense of renderings, models and mock-ups
requested by the Owner.
10.2.1.5 Expense of additional insurance coverage or
limits, including professional liability insurance, requested by
the Owner in excess of that normally carried by the Architect
and Architect's consultants.
10.2.1.6 Expense of computer -aided design and drafting
equipment time when used in connection with the Project.
10.3 .' PAYMENTS ON ACCOUNT OF BASIC
SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 is
the minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be
made monthly and, where applicable, shall be in proportion to
services performed within each phase of service, on the basis
set forth in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established
in Subparagraph 11.5.1 of this Agreement is exceeded or
extended through no fault of the Architect, compensation for
any services rendered during the additional period of time shall
be computed in the manner set forth in Subparagraph 11.3.2.
10.3.4 When compensation is based on a percentage of
Construction Cost and any portions of the Project are deleted
or otherwise not constructed, compensation for those portions
of the Project shall be payable to the extent services are
performed on those portions, in accordance with the schedule
set forth in Subparagraph 11.2.2, based on (1) the lowest bona
fide bid or negotiated proposal, or (2) if no such bid or
proposal is received, the most recent preliminary estimate of
Construction Cost or detailed estimate of Construction Cost
for such portions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Payments on account of the Architect's Additional
Services and for Reimbursable Expenses shall be made
monthly upon presentation of the Architect's statement of
services rendered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages or
other sums withheld from payments to contractors, or on
account of the cost of changes in the Work other than those
for which the Architect has been found to be liable.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses
pertaining to Additional Services and services performed on
the basis of a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized
representative at mutually convenient times.
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
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ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 -AFC ""�NT-ef Dellars-($ )shagJaemadetipe efeeutie e€his-:\-=rreiiieiii-ande;rediteds
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.)
SEE ARTICLE 12
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.)
Schematic Design Phase:
FIFTEEN percent (
15 %)
Design Development Phase:
TWENTY percent (
20 %)
Construction Documents Phase:
FORTY percent (
40 %)
Bidding or Negotiation Phase:
FIVE percent(
05 %)
Construction Phase:
TWENTY percent (
20 %)
Total Basic Compensation
one hundred percent(100%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be
computed as follows:
EMPLOYEES' TIME AT A MULTIPLE OF TWO AND THREE FOURTHS (2.75) TIMES THEIR DIRECT PERSONNEL
EXPENSE AS DEFINED IN PARAGRAPH 10.1
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 Paragraph 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/or 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.)
EMPLOYEES' TIME AT A MULTIPLE OF TWO AND THREE FOURTHS 2.75 TIMES THEIR DIRECT PERSONNEL
EXPENSE AS DEFINED IN PARAGRAPH 10.1
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering
services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of ONE
AND ONE FOURTH ( 1.25 ) times the amounts billed to the Architect for such services.
(Identify specific types of consultants in Article 12, if required.)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as
Reimbursable Expenses, a multiple of ONE ( 1.00 ) 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 IF THE BASIC SERVICES covered by this Agreement have not been completed within THIRTY-SIX ( 36 ) 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 Subparagraphs 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. Ameunt$-trnpaid ( )
AIA DOCUMENT B141 - OWNER-ARCHIIECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORKAVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was elhatronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
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Electronic Format B141-1987
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d., .. {ie the i 2- date -shall {.eaf intefest at the Fateentefeew,�af., 1.senee •L,., .,F at the L,...,I Fate .. ..:1:.... F e.., r:
business of •Lrrta .Veiiuteet.
(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 other 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 annually adjusted in accordance with 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.)
12.1 COMPENSATION FOR WORK UNDER THIS CONTRACT IS TO BE AS FOLLOWS:
1� RENOVATIONS TO THE MAIN FIRE STATION
A)A LUMP SUM FEE FOR ARCHITECTURAL SERVICES FOR RENOVATIONS TO THE FACADE OF THE
MAIN FIRE STATION BASED ON THE OWNERS BUDGET OF $65,000.00 IN THE AMOUNT OF $6,500.00
_(10% OF CONSTRUCTION COSTS)
B) A PROPOSED REIMBURSABLE EXPENSE BUDGET IN THE AMOUNT OF $1,000.00
2) PROTOTYPE SUBSTATION DESIGN, FINAL CONSTRUCTION PLANS AND SITE ADAPTING OF PLANS
A LUMP SUM FEE FOR ARCHITECTURAL SERVICES FOR A PROTOTYPE FIRE STATION DESIGN, _
FINAL CONSTRUCTION PLANS BIDDING AND OBSERVATION OF ONE SUB STATION BASED ON THE
_OWNERS BUDGET OF $450,000.00 IN THE AMOUNT OF $34,875.00 7.75% OF CONSTRUCTION _
COSTS)
B) A PROPOSED REIMBURSABLE EXPENSE BUDGET IN THE AMOUNT OF $1,750.00
FEES FOR OTHER PROJECTS L INDICATED IN THE DESCRIPTION OF WORK PAGE 1 OF THIS _
AGREEMENT) NOT LISTED ABOVE. IF AUTHORIZED BY SUPPLEMENTAL TO THIS AGREEMENT. W!L L BE
BASED ON THE STATE OF ARKANSAS ARCHITECTURAL FEE SCHEDULE. HEREBY MADE ATTACHMENT
"A" TO THIS AGREEMENT.
4) IF THE OWNER INCREASES THE BUDGET BEYOND THE AMOUNTS INDICATED THE ARCHITECT WILL
HAVE THE OPPORTUNITY TO RE -NEGOTIATE THE STATED LUMP SUM FEES BASED ON THE STATE
BUILDING SERVICES FEE SCHEDULE (ATTACHMENT A) AND THE REVISED BUDGET AMOUNT.
This Agreement entered into as of the day and year first written above.
OWNER
ARCHITECT
%/„Z
(Sili Fialurei
(Signature)
MR FRED HANNA_ MAYOR
CITY OF FAYETTEVILLE
(Printed name and title)
MR RICHARD ALDERMAN, PRINCIPAL___
WITTENBERG. DELONY & DAVIDSON, INC.
(Printed name and title)
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997. AIA License Number 131378, which expires on 7/1/1997 -- Page #12
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Architecture
Planning
Interior Design
Northwest Arkansas Office • 100 West Center / Suite 102 • Fayetteville, AR 72701 • FAX 501 /443-9515 • 501 /443-6666
May 2, 1997
Mr. Mickey D. Jackson
Fire Chief
City of Fayetteville
Fire Department Headquarters
303 W. Center
Fayetteville, Arkansas 72701
Re: Facade repairs to Main Fire Station
Prototype design for Sub -Stations
Dear Chief Jackson:
As we have all been working to develop the best strategy for future sub -station additions to
the Fayetteville Fire Department system, the following are our thoughts on how to proceed
based on the meetings we have had with you, your staff and other city officials.
As you know we previously proposed a contract for architectural services to renovate and
add on to station #4, the city was at the same time looking ahead to construction of a new
west station in physical year 1998. The budget costs we developed for the renovation of
station #4 totaled about $350,000.00. As we have been discussing, it may be prudent to
consider a new station #4 instead of renovation, since the cost of renovation is approaching
the proposed budget of ±$450,000.00 for the future west station. Continuing this direction
we proposed the idea of developing a prototype substation facility that can be used for both
these two stations as well as other future stations. Under this scenario you would contract to
design a prototype and then site adapt that design to each site as you identify them in the
future. This concept for design services has resulted in savings of design fees for the
second, third and future project for some of our clients such as branch banks and schools,
who have chosen to use this procedure for their projects.
Based on the early information that I have concerning your proposed projects, using the
prototype scenario would result in the following concept for design fees:
Design of a prototype substation and then final construction documents and site
adaption using the proposed Owner's budget of $450,000.00. Architectural fees using
the State Building Services fee schedule, for a project of this size and complexity,
would be based on 7.75 % of the construction costs and would equal a typical total fee
of $34,875.00 for the first project.
Page Two
Fay. Fire Stations
5-2-1997
Phase 1 - Prototype design
Schematic Design Phase(15 % of a total fee) $ 5,231.25
Design Development Phase(20 % of a total fee) $ 6, 975.00
Phase 2 - Final Const. Plans, Bid and Site Adapt each project. (for each project)
Construction Documents Phase (40 % of a total fee) $13, 950.00
Bidding Phase (05 % of a total fee) $ 1,743.75
Construction Observation(20 % of a total fee) $ 6, 975.00
Using this proposed prototype procedure will save the schematic and design development fees
for subsequent projects that would be based on the prototype. Using your proposed budget
this could save ±$12,000.00 in design fees each for subsequent re -use project. Re -use of
the prototype is based on using the exact same plan each time. Changes to the plan or scope
of the work for later projects can be accommodated with slight adjustments in the fee
depending on the scope of changes.
Re -working of the existing facade for the Main Station is separate from the work on the
prototype and has a budgeted construction cost of $65,000.00.
We are ready to proceed in the direction the City feels most comfortable with, either the
prototype or the more traditional single project design fee procedure. Please give us your
direction as to how you would like us to proceed so that we can complete a Owner /
Architect Agreement for you review. If you have questions please do not hesitate to call.
Sincerely,
WITTENBERG, DELONY & DAVIDSON, INC.
Richard Alderman, AIA
Principal, Northwest Arkansas Office
Northwest Arkansas Office • 100 West Center / Suite 102 • Fayetteville, AR 72701 • FAX 501/443-9515 • 501/443-6666
LETTER OF TRANSMITTAL
TO
-1/ 1 st
&) IN . FLU
GENTLEMEN:
WE ARE SENDING YOU
Coached
❑ Shop drawings
U Prints
❑ Copy of letter
❑ Change order
DATA') ` E; i _6110 NO.
Aie�k &t nA ic4�tm o nwc%�'
❑ Under separate ewer
❑ Plans
I
COPIES DATE NO. DESCRIPTIAOJN�n ' L
❑ Samples
PLEASE CHECK AND ADVISE IF ENCLOSURES ARE NOT AS LISTED.
THESE A NSMfiTED (as checked below)
r Approval El As requested El Reviewed for general compliance ❑ Resubmit copies for approval
❑ For your use El For review and comment El Reviewed with noted comments ❑Submit copies (ordlsMbution
❑ For your Information ❑ Returned for corrections ❑ Returncorrected prints
c1
REMARKS:
❑ vla:
❑ Specifications
r vv QK)�'
COPY TO: BY:
r-
Standard Form of Agreement Between Owner and Architect
AIA Document B141 - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCTJ ENT D401.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 by The American Institute of Architects, 1735 New York Avenue,
N.W., Washington, D.C., 20006-5292. 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.
AGREEMENT
made as of the FIFTEENTH day of MAY in the year of N ineteen Hundred and VTNETY-SEVEN
BETWEEN the Owner:
(Dame and address)
CITY OF FAYETTEVILLE. ARKANSAS
CITY ADMINISTRATION BUILDING
113 WEST MOUNTAIN STREET
FAYETTEVILL�-. ARKANSAS 72701
and the Architect:
(Name and address)
WITTENBERG DELONY & DAVIDSON. INC
100 WEST CENTER
FAYETTEVILLE. ARKANSAS 72701
For the following Project:
[Include detailed description of Project, location. address and scope i
A CONTRACT FOR VARIOUS PROJECTS FOR THE FAYETTEVILLE FIRE DEPARTMENT TO INCLUDE
1 RENOVATION OF THE EXISTING MAIN STATION INCLUDING NEW FACADE WORK
2) PROTOTYPE PI -AN FOR A TYPICAL NEW SUBSTATION TO BE USED AT VARIOUS SITES
31_ RENOVATION AND/OR NEW CONSTRUCTION FOR EXISTING FIRE DEPT. SUB -STATION #4
4) NEW CONSTRUCTION FOR NEW SOUTHWEST FIRE SUB -STATION
The Owner and Architect agree as set forth below
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE A1\/IERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.. WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997 AIA License Number 131378 which expires on 7/1/1997 — Page #1
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services
performed by the Architect, Architect's employees and
Architect's consultants as enumerated in Articles 2 and 3 of
this Agreement and any other services included in Article 12.
1.1.2 The Architect's services shall be performed as
expeditiously as is consistent with professional skill and care
and the orderly progress of the Work. Upon request of the
Owner, the Architect shall submit for the Owner's approval a
schedule for the performance of the Architect's services which
may be adjusted as the Project proceeds, and shall include
allowances for periods of time required for the Owner's review
and for approval of submissions by authorities having
jurisdiction over the Project. Time limits established by this
schedule approved by the Owner shall not, except for
reasonable cause, be exceeded by the Architect or Owner.
1.1.3 The services covered by this Agreement are subject
to the time limitations contained in Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those
described in Paragraphs 2.2 through 2.6 and any other services
identified in Article 12 as part of Basic Services, and include
normal structural, mechanical and electrical engineering
services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by
the Owner to ascertain the requirements of the Project and
shall arrive at a mutual understanding of such requirements
with the Owner.
2.2.2 The Architect shall provide a preliminary evaluation
of the Owner's program, schedule and construction budget
requirements, each in terms of the other, subject to the
limitations set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative
approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed -upon program,
schedule and construction budget requirements, the Architect
shall prepare, for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a
preliminary estimate of Construction Cost based on current
area, volume or other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents
and any adjustments authorized by the Owner in the program,
schedule or construction budget, the Architect shall prepare,
for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and
describe the size and character of the Project as to
architectural, structural, mechanical and electrical systems,
materials and such other elements as may be appropriate.
2.3.2 The Architect shall advise the Owner of any
adjustments to the preliminary estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development
Documents and any further adjustments in the scope or quality
of the Project or in the construction budget authorized by the
Owner, the Architect shall prepare, for approval by the
Owner, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for the
construction of the Project.
2.4.2 The Architect shall assist the Owner in the
preparation of the necessary bidding information, bidding
forms, the Conditions of the Contract, and the form of
Agreement between the Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any
adjustments to previous preliminary estimates of Construction
Cost indicated by changes in requirements or general market
conditions.
2.4.4 The Architect shall assist the Owner in connection
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997. AIA License Number 131378, which expires on 7/1/1997 -- Page #2
with the Owner's responsibility for filing documents required
for the approval of governmental authorities having
jurisdiction over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the
Construction Documents and of the latest preliminary estimate
of Construction Cost, shall assist the Owner in obtaining bids
or negotiated proposals and assist in awarding and preparing
contracts for construction.
2.6 CONSTRUCTION PHASE -ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic
Services for the Construction Phase under this Agreement
commences with the award of the Contract for Construction
and terminates at the earlier of the issuance to the Owner of
the final Certificate for Payment or 60 days after the date of
Substantial Completion of the Work.
2.6.2 The Architect shall provide administration of the
Contract for Construction as set forth below and in the edition
of AIA Document A201, General Conditions of the Contract
for Construction, current as of the date of this Agreement,
unless otherwise provided in this Agreement.
2.6.3 Duties, responsibilities and limitations of authority of
the Architect shall not be restricted, modified or extended
without written agreement of the Owner and Architect with
consent of the Contractor, which consent shall not be
unreasonably withheld.
2.6.4 The Architect shall be a representative of and shall
advise and consult with the Owner (1) during construction
until final payment to the Contractor is due, and (2) as an
Additional Service at the Owner's direction from time to time
during the correction period described in the Contract for
Construction. The Architect shall have authority to act on
behalf of the Owner only to the extent provided in this
Agreement unless otherwise modified by written instrument.
2.6.5 The Architect shall visit the site at intervals
appropriate to the stage of construction or as otherwise
agreed by the Owner and Architect in writing to become
generally familiar with the progress and quality of the Work
completed and to determine in general if the Work is being
performed in a manner indicating that the Work when
completed will be in accordance with the Contract
Documents. However, the Architect shall not be required to
make exhaustive or continuous on -site inspections to check
the quality or quantity of the Work. On the basis of on -site
observations as an architect, the Architect shall keep the
Owner informed of the progress and quality of the Work, and
Shall . endeavor to guard the Owner against defects and
deficiencies in the Work. (More extensive site representation may be
agreed to as an Additional Service, as described in Paragraph 3.2)
2.6.6 The Architect shall not have control over or charge
of and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since
these are solely the Contractor's responsibility under the
Contract for Construction. The Architect shall not be
responsible for the Contractor's schedules or failure to carry
out the Work in accordance with the Contract Documents.
The Architect shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors, or their agents
or employees, or of any other persons performing portions of
the Work.
2.6.7 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract
Documents or when direct communications have been
specially authorized, the Owner and Contractor shall
communicate through the Architect. Communications by and
with the Architect's consultants shall be through the Architect.
2.6.9 Based on the Architect's observations and evaluations
of the Contractor's Applications for Payment, the Architect
shall review and certify the amounts due the Contractor.
2.6.10 The Architect's certification for payment shall
constitute a representation to the Owner, based on the
Architect's observations at the site as provided in
Subparagraph 2.6.5 and on the data comprising the
Contractor's Application for Payment, that 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 Documents. The
foregoing representations are subject to an evaluation of the
Work for conformance with the Contract Documents upon
Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents
correctable prior to completion and to specific qualifications
expressed by the Architect. The issuance of a Certificate for
Payment shall further constitute a representation that the
Contractor is entitled to payment in the amount certified.
However, the issuance of a Certificate for Payment shall not
be a representation that the Architect has (1) made exhaustive
or continuous on -site 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
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W , WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the percussion of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997. AIA License Number 131378, which expires on 7/1/1997 -- Page #3
substantiate the Contractor's right to payment or (4)
ascertained how or for what purpose the Contractor has used
money previously paid on account of the Contract Sum.
2.6.11 The Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable for
implementation of the intent of the Contract Documents, the
Architect will have authority to require additional inspection
or testing of the Work in accordance with the provisions of
the Contract Documents, whether or not such Work is
fabricated, installed or completed. However, neither this
authority of the Architect nor a decision made in good faith
either to exercise or not to exercise such authority shall give
rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment suppliers,
their agents or employees or other persons performing
portions of the Work.
2.6.12 The Architect shall review and approve or take other
appropriate action upon Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for the limited
purpose of checking for conformance with information given
and the design concept expressed in the Contract Documents.
The Architect's action shall be taken with such reasonable
promptness as to cause no delay in the Work or in the
construction of the Owner or of separate contractors, while
allowing sufficient time in the 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 designed by the
Contractor, all of which remain the responsibility of the
Contractor to the extent required by the Contract Documents.
The Architect's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the
Architect, of construction means, methods, techniques,
sequences or procedures. The Architect's approval of a
specific item shall not indicate approval of an assembly of
which the item is a component. When professional
certification of performance characteristics of materials,
systems or equipment is required by the Contract Documents,
the Architect shall be entitled to rely upon such certification to
establish that the materials, systems or equipment will meet
the performance criteria required by the Contract Documents.
2.6.13 The Architect shall prepare Change Orders and
Construction Change Directives, with supporting
documentation and data if deemed necessary by the Architect
as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's
approval and execution in accordance with the Contract
Documents, and may authorize minor changes in the Work not
involving an adjustment in the Contract Sum or an extension
of the Contract Time which are not inconsistent with the
intent of the Contract Documents.
2.6.14 The Architect shall conduct inspections to determine
the date or dates of Substantial Completion and the date of
final completion, shall receive and forward to the Owner for
the Owner's review and records written warranties and related
documents required by the Contract Documents and
assembled by the Contractor, and shall issue a final Certificate
for Payment upon compliance with the requirements of the
Contract Documents.
2.6.15 The Architect shall interpret and decide matters
concerning performance of the Owner and Contractor under
the requirements of the Contract Documents on written
request of either the Owner or Contractor. The Architect's
response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall be
consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the form of
drawings. When making such interpretations and initial
decisions, the Architect shall endeavor to secure faithful
performance by both Owner and Contractor, shall not show
partiality to either, and shall not be liable for results of
interpretations or decisions so rendered in good faith.
2.6.17 The Architect's decisions on matters relating to
aesthetic effect shall be final if consistent with the intent
expressed in the Contract Documents.
2.6.18 The Architect shall render written decisions within a
reasonable time on all claims, disputes or other matters in
question between the Owner and Contractor relating to the
execution or progress of the Work as provided in the Contract
Documents.
2.6.19 The Architect's decisions on claims, disputes or other
matters, including those in question between the Owner and
Contractor, except for those relating to aesthetic effect as
provided in Subparagraph 2.6.17, shall be subject to
arbitration as provided in this Agreement and in the Contract
Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not
included in Basic Services unless so identified in Article 12,
and they shall be paid for by the Owner as provided in this
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997. AIA License Number 131378, which expires on 7/1/1997 -- Page #4
Agreement, in addition to the compensation for Basic
Services. The services described under Paragraphs 3.2 and
3.4 shall only be provided if authorized or confirmed in writing
by the Owner. If services described under Contingent
Additional Services in Paragraph 3.3 are required due to
circumstances beyond the Architect's control, the Architect
shall notify the Owner prior to commencing such services. If
the Owner deems that such services described under
Paragraph 3.3 are not required, the Owner shall give prompt
written notice to the Architect. If the Owner indicates in
writing that all or part of such Contingent Additional Services
are not required, the Architect shall have no obligation to
provide those services.
3.2 PROJECT REPRESENTATION BEYOND
BASIC SERVICES
3.2.1 If more extensive representation at the site than is
described in Subparagraph 2.6.5 is required, the Architect
shall provide one or more Project Representatives to assist in
carrying out such additional on -site responsibilities.
3.2.2 Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be
compensated therefor as agreed by the Owner and Architect.
The duties, responsibilities and limitations of authority of
Project Representatives shall be as described in the edition of
AIA Document B352 current as of the date of this Agreement,
unless otherwise agreed.
3.2.3 Through the observations by such Project
Representatives, the Architect shall endeavor to provide
further protection for the Owner against defects and
deficiencies in the Work, but the furnishing of such project
representation shall not modify the rights, responsibilities or
obligations of the Architect as described elsewhere in this
Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or
other documents when such revisions are:
1 inconsistent with approvals or instructions previously
given by the Owner, including revisions made
necessary by adjustments in the Owner's program or
Project budget;
.2 required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such
documents; or
.3 due to changes required as a result of the Owner's
failure to render decisions in a timely manner.
3.3.2 Providing services required because of significant
changes in the Project including, but not limited to, size,
quality, complexity, the Owner's schedule, or the method of
bidding or negotiating and contracting for construction, except
for services required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specifications and other
documentation and supporting data, evaluating Contractor's
proposals, and providing other services in connection with
Change Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating
substitutions proposed by the Contractor and making
subsequent revisions to Drawings, Specifications and other
documentation resulting therefrom.
3.3.5 Providing consultation concerning replacement of
Work damaged by fire or other cause during construction, and
furnishing services required in connection with the
replacement of such Work.
3.3.6 Providing services made necessary by the default of
the Contractor, by major defects or deficiencies in the Work of
the Contractor, or by failure of performance of either the
Owner or Contractor under the Contract for Construction.
3.3.7 Providing services in evaluating an extensive number
of claims submitted by the Contractor or others in connection
with the Work.
3.3.8 Providing services in connection with a public
hearing, arbitration proceeding or legal proceeding except
where the Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or
sequential bids or providing services in connection with
bidding, negotiation or construction prior to the completion of
the Construction Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and
programming the requirements of the Project.
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing planning surveys, site evaluations or
comparative studies of prospective sites.
3.4.4 Providing special surveys, environmental studies and
submissions required for approvals of governmental
authorities or others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities, systems
and equipment.
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the percussion of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997. AIA License Number 131378, which expires on 7/1/1997 -- Page #5
3.4.6 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof
3.4.7 Providing services to verify the accuracy of drawings
or other information furnished by the Owner.
3.4.8 Providing coordination of construction performed by
separate contractors or by the Owner's own forces and
coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a
construction manager or separate consultants retained by the
Owner.
3.4.10 Providing detailed estimates of Construction Cost.
3.4.11 Providing detailed quantity surveys or inventories of
material, equipment and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services
required for or in connection with the selection, procurement
or installation of furniture, furnishings and related equipment.
3.4.14 Providing services for planning tenant or rental
spaces.
3.4.15 Making investigations, inventories of materials or
equipment, or valuations and detailed appraisals of existing
facilities.
3.4.16 Preparing a set of reproducible record drawings
showing significant changes in the Work made during
construction based on marked -up prints, drawings and other
data furnished by the Contractor to the Architect.
3.4.17 Providing assistance in the utilization of equipment or
systems such as testing, adjusting and balancing, preparation
of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
3.4.18 Providing services after issuance to the Owner of the
final Certificate for Payment, or in the absence of a final
3.4.20 Providing any other services not otherwise included
in this Agreement or not customarily furnished in accordance
with generally accepted architectural practice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding
requirements for the Project, including a program which shall
set forth the Owner's objectives, schedule, constraints and
criteria, including space requirements and relationships,
flexibility, expandability, special equipment, systems and site
requirements.
4.2 The Owner shall establish and update an overall
budget for the Project, including the Construction Cost, the
Owner's other costs and reasonable contingencies related to all
of these costs.
4.3 If requested by the Architect, the Owner shall furnish
evidence that financial arrangements have been made to fulfill
the Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative
authorized to act on the Owner's behalf with respect to the
Project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents
submitted by the Architect in order to avoid unreasonable
delay in the orderly and sequential progress of the Architect's
services.
4.5 The Owner shall furnish surveys describing physical
characteristics, legal limitations and utility locations for the
site of the Project, and a written legal description of the site.
The surveys and legal information shall include, as applicable,
grades and lines of streets, alleys, pavements and adjoining
property and structures; adjacent drainage; rights -of -way,
restrictions, easements, encroachments, zoning, deed
restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings,
other improvements and trees; and information concerning
available utility services and lines, both public and private,
above and below grade, including inverts and depths. All the
information on the survey shall be referenced to a project
benchmark.
Certificate for Payment, more than 60 days after the date of 4.6 The Owner shall furnish the services of geotechnical
Substantial Completion of the Work. engineers when such services are requested by the Architect.
Such services may include but are not limited to test borings,
3.4.19 Providing services of consultants for other than test pits, determinations of soil bearing values, percolation
architectural, structural, mechanical and electrical engineering tests, evaluations of hazardous materials, ground corrosion
portions of the Project provided as a part of Basic Services. and resistivity tests, including necessary operations for
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997. AIA License Number 131378, which expires on 7/1/1997 -- Page #6
anticipating subsoil conditions, with reports and appropriate
professional recommendations.
4.6.1 The Owner shall furnish the services of other
consultants when such services are reasonably required by the
scope of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural, mechanical,
chemical, air and water pollution tests, tests for hazardous
materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract
Documents.
4.8 The Owner shall furnish all legal, accounting and
insurance counseling services as may be necessary at any time
for the Project, including auditing services the Owner may
require to verify the Contractor's Applications for Payment or
to ascertain how or for what purposes the Contractor has used
the money paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports
required by Paragraphs 4.5 through 4.8 shall be furnished at
the Owner's expense, and the Architect shall be entitled to rely
upon the accuracy and completeness thereof.
4.10 Prompt written notice shall be given by the Owner to
the Architect if the Owner becomes aware of any fault or
defect in the Project or nonconformance with the Contract
Documents.
4.11 The proposed language of certificates or
certifications requested of the Architect or Architect's
consultants shall be submitted to the Architect for review and
approval at least 14 days prior to execution. The Owner shall
not request certifications that would require knowledge or
services beyond the scope of this Agreement.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the Project
designed or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at
current market rates of labor and materials furnished by the
Owner and equipment designed, specified, selected or
specially provided for by the Architect, plus a reasonable
allowance for the Contractor's overhead and profit. In
addition, a reasonable allowance 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 does 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
responsibility of the Owner as provided in Article 4,
5.2 RESPONSIBILITY FOR CONSTRUCTION
COST
5.2.1 Evaluations of the Owner's Project budget,
preliminary estimates of Construction Cost and detailed
estimates of Construction Cost, if any, prepared by the
Architect, represent the Architect's best judgment as a design
professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner
has control over the cost of labor, materials or equipment,
over the Contractor's methods of determining bid prices, or
over competitive bidding, market or negotiating conditions.
Accordingly, the Architect cannot and does not warrant or
represent that bids or negotiated prices will not vary from the
Owner's Project budget or from any estimate of Construction
Cost or evaluation prepared or agreed to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be
established as a condition of this Agreement by the furnishing,
proposal or establishment of a Project budget, unless such
fixed limit has been agreed upon in writing and signed by the
parties hereto. If such a fixed limit has been established, the
Architect shall be permitted to include contingencies for
design, bidding and price escalation, to determine what
materials, equipment, component systems and types of
construction are to be included in the Contract Documents, to
make reasonable adjustments in the scope of the Project and
to include in the Contract Documents alternate bids to adjust
the Construction Cost to the fixed limit. Fixed limits, if any,
shall be increased in the amount of an increase in the Contract
Sum occurring after execution of the Contract for
Construction.
5.2.3 If the Bidding or Negotiation Phase has not
commenced within 90 days after the Architect submits the
Construction Documents to the Owner, any Project budget or
fixed limit of Construction Cost shall be adjusted to reflect
changes in the general level of prices in the construction
industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals are
sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as
provided in Subparagraph 5.2.3) is exceeded by the lowest
bona fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed
limit;
AIA DOCUMENT B 141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997. AIA License Number 131378, which expires on 7/1/1997 -- Page #7
2 authorize rebidding or renegotiating of the Project
within a reasonable time;
3 if the Project is abandoned, terminate in accordance
with Paragraph 8.3; or
.4 cooperate in revising the Project scope and quality as
required to reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause
5.2.4.4, the Architect, withettt additional ehafge, shall modify
the Contract 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 responsibility arising out of the establishment of a
fixed limit. The Architect shall be entitled to compensation in
accordance with this Agreement for all services performed
whether or not the Construction Phase is commenced.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents
prepared by the Architect for this Project are instruments of
the Architect's service for use solely with respect to this
Project and, unless otherwise provided, the Architect shall be
deemed the author of these documents and shall retain all
common law, statutory and other reserved rights, including the
copyright. The Owner shall be permitted to retain copies,
including reproducible copies, of the Architect's Drawings,
Specifications and other documents for information and
reference in connection with the Owner's use and occupancy
of the Project. The Architect's Drawings, Specifications or
other documents shall not be used by the Owner or others on
other projects, for additions to this Project or for completion
of this Project by others, unless the Architect is adjudged to be
in default under this Agreement, except by agreement in
writing and with appropriate compensation to the Architect.
6.2 Submission or distribution of documents to meet
official regulatory requirements or for similar purposes in
connection with the Project is not to be construed as
publication in derogation of the Architect's reserved rights.
Insert A: ARTICLE 7 ARBITRATION IS DELETED
ARTICLE 7
ARBITRATION
7.1 0aims,-disputes e. other -matters in -question -between -
the pai4ies e is-kgfeemeetarisin of e feleAing e this
.*eement-of eaeh thereof shaflmot e a deeided-
by afbitratien -t-aeem-danee with -the Censtmetie industry
AFWFatien mottles -of 4he Tin Afbitfation Asseeiatien
c-arfe.,,�.fl in ,mess -the -parties mutually agree etheF%,i e
7.2 Demand far arbitratiert-in writing with
the ether -pafty 4e 4tis AgFeenie„t -and -with 4he An;efic-an
Af itratien Association. --A demand -fef -aFbitfatien 4be-
fnade within ., reasonable kne .,Ref the elaim .dispute a ether
"W flie-dei mnd-for-
arbitfatien-be wheninstitutiortof legal
equitable p'eceeding based-en-sush-elaimr dispute-eT- other-
erattef4nquestiea weeldbafred-by-the-applicable "-�tati+tes
of limitatiens.
7.3 N-e-arbitFatien arising -etit -ef -ef relatig 4e 4his-
AgFeement :„ may eenselidatien, jeinder-Of4-arly-
othef-manner -an additional-per-s a pany to thicf-
eEeept Jay writte eensent-eentaming -a -speei ie
referenee-t-e4his Agreement signed -by -the A '�'�t,
an"ny etheFpefse Ot to be j0ined. Consentte-
afbitFatien invely; n -art additional -ersen -ef -entity -shall net
Bens ittit2 eensent arbttfatie e€afiy$la+m; dispute of ether
tnatteF4n question not desc6bed in the w fine. eensent eF with
a persen -er-entity -stet named -or-desetibed therein. - 44ie-
€eFegeing-agFeefnent 4e afbitrate -and ethefagFeements 4e-
afbi4ra4 additional per -so entity ensented4
by 4he pal4ies -te 4his Agfeernen —,hall -be speeifieEdly.
en€ereeable 4n-aec-eFdanee -with -applicable 4av -in --any eouft
having jurisdiction thereof.
7.4 The award rendered -by 4he "_bf -er "r-'� aters
shall -be -fnalr -and judgment -may Jae entered upeft -it 4n-
aeeeF4ance k-able4a�v in isdie•:e^
thefef
ARTICLE 8
TERMINATION, SUSPENSION OR
ABANDONMENT
8.1 This Agreement may be terminated by either party
upon not less than seven days' written notice should the other
party fail substantially to perform in accordance with the terms
of this Agreement through no fault of the party initiating the
termination.
8.2 If the Project is suspended by the Owner for more
than 30 consecutive days, the Architect shall be compensated
for services performed prior to notice of such suspension.
When the Project is resumed, the Architect's compensation
shall be equitably adjusted to provide for expenses incurred in
the interruption and resumption of the Architect's services.
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - TIIE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the percussion of the AIA and can be reproduced without violation until the date of expiration as noted
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Architect.
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 due the
Architect for services and expenses, the Architect may, upon
seven days' written notice to the Owner, suspend performance
of services under this Agreement. Unless payment in full is
received by the Architect within seven days of the date of the
notice, the suspension shall take effect without further notice.
In the event of a suspension of services, the Architect shall
have no liability to the Owner for delay or damage caused the
Owner because of such suspension of services.
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
Paragraph 8.7.
8.7 Termination Expenses are in addition to
compensation for Basic and Additional Services, and include
expenses which are directly attributable to termination.
Termination Expenses shall be computed as a percentage of
the total compensation for Basic Services and Additional
Services earned to the time of termination, as follows:
.1 Twenty percent of the total compensation for Basic
and Additional Services earned to date if termination
occurs before or during the predesign, site analysis,
or Schematic Design Phases; or
2 Ten percent of the total compensation for Basic and
Additional Services earned to date if termination
occurs during the Design Development Phase; or
.3 Five percent of the total compensation for Basic and
Additional Services earned to date if termination
occurs during any subsequent phase.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement shall be
governed by the law of the principal place of business of the
9.2 Terms in this Agreement shall have the same meaning
as those in AIA Document A201, General Conditions of the
Contract for Construction, current as of the date of this
Agreement.
9.3 Causes of action between the parties to this
Agreement pertaining to acts or failures to act shall be deemed
to have accrued and the applicable statutes of limitations shall
commence to run not later than either the date of Substantial
Completion for acts or failures to act occurring prior to
Substantial Completion, or the date of issuance of the final
Certificate for Payment for acts or failures to act occurring
after Substantial Completion.
9.4 The Owner and Architect waive all rights against
each other and against the contractors, consultants, agents and
employees of the other for damages, but only to the extent
covered by property insurance during construction, except
such rights as they may have to the proceeds of such insurance
as set forth in the edition of AIA Document A201, General
Conditions of the Contract for Construction, current as of the
date 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, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to the
partners, successors, assigns and legal representatives of such
other party with respect to all covenants of this Agreement.
Neither Owner nor Architect shall assign this Agreement
without the written consent of the other.
9.6 This Agreement represents the entire and integrated
agreement between the Owner and Architect and supersedes
all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by
written instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a
third party against either the Owner or Architect.
9.8 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 in
any form at the Project site, including but not limited to
asbestos, asbestos products, polychlorinated biphenyl (PCB)
or other toxic substances.
9.9 The Architect shall have the right to include
representations of the design of the Project, including
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
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photographs of the exterior and interior, among the Architect's
promotional and professional materials. The Architect's
materials shall not include the Owner's confidential or
proprietary information if the Owner has previously advised
the Architect in writing of the specific information considered
by the Owner to be confidential or proprietary. The owner
shall provide professional credit for the Architect on the
construction sign and in the promotional materials for the
Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project
and the portion of the cost of their mandatory and customary
contributions and benefits related thereto, such as employment
taxes and other statutory employee benefits, insurance, sick
leave, holidays, vacations, pensions and similar contributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to
compensation for Basic and Additional Services and include
expenses incurred by the Architect and Architect's employees
and consultants in the interest of the Project, as identified in
the following Clauses.
10.2.1.1 Expense of transportation in connection with the
Project; expenses in connection with authorized out-of-town
travel; long-distance communications; and fees paid for
securing approval of authorities having jurisdiction over the
Project.
10.2.1.2 Expense of reproductions, postage and handling
of Drawings, Specifications and other documents.
10.2.1.3 If authorized in advance by the Owner, expense
of overtime work requiring higher than regular rates.
10.2.1.4 Expense of renderings, models and mock-ups
requested by the Owner.
10.2.1.5 Expense of additional insurance coverage or
limits, including professional liability insurance, requested by
the Owner in excess of that normally carried by the Architect
and Architect's consultants.
10.2.1.6 Expense of computer -aided design and drafting
equipment time when used in connection with the Project.
10.3 • PAYMENTS ON ACCOUNT OF BASIC
SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 is
the minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be
made monthly and, where applicable, shall be in proportion to
services performed within each phase of service, on the basis
set forth in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established
in Subparagraph 11.5.1 of this Agreement is exceeded or
extended through no fault of the Architect, compensation for
any services rendered during the additional period of time shall
be computed in the manner set forth in Subparagraph 11.3.2.
10.3.4 When compensation is based on a percentage of
Construction Cost and any portions of the Project are deleted
or otherwise not constructed, compensation for those portions
of the Project shall be payable to the extent services are
performed on those portions, in accordance with the schedule
set forth in Subparagraph 11.2.2, based on (1) the lowest bona
fide bid or negotiated proposal, or (2) if no such bid or
proposal is received, the most recent preliminary estimate of
Construction Cost or detailed estimate of Construction Cost
for such portions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Payments on account of the Architect's Additional
Services and for Reimbursable Expenses shall be made
monthly upon presentation of the Architect's statement of
services rendered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages or
other sums withheld from payments to contractors, or on
account of the cost of changes in the Work other than those
for which the Architect has been found to be liable.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses
pertaining to Additional Services and services performed on
the basis of a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized
representative at mutually convenient times.
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
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ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN P41TTI ^ T P "rz -W�ffiNT-ef Dellafs-($ ) shall -be madeupe &Eeeutie offl is Ageea efedited e he s
aeeeunt 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.)
SEE ARTICLE 12
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.)
Schematic Design Phase: FIFTEEN percent ( 15 %)
Design Development Phase: TWENTY percent( 20 %)
Construction Documents Phase: FORTY percent( 40 %)
Bidding or Negotiation Phase: FIVE percent ( 05 %)
Construction Phase: TWENTY percent( 20 %)
Total Basic Compensation one hundred percent(100%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be
computed as follows:
EMPLOYEES' TIME AT A MULTIPLE OF TWO AND THREE FOURTHS 2.75 TIMES THEIR DIRECT PERSONNEL
EXPENSE AS DEFINED IN PARAGRAPH 10.1
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 Paragraph 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/or 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, ifnecessary.)
EMPLOYEES' TIME AT A MULTIPLE OF TWO AND THREE FOURTHS (2.75) TIMES THEIR DIRECT PERSONNEL
EXPENSE AS DEFINED IN PARAGRAPH 10.1
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering
services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of ONE
AND ONE FOURTH ( 1.25 ) times the amounts billed to the Architect for such services.
(Identify specific types of consultants in Article 12, if required.)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 102, 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 in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within THIRTY-SIX ( 36 ) 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 Subparagraphs 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
AIA DOCUMENT B 141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
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days-alY'te "ttie4nv,e ie-date shall be inteFest at the ate ento ed hole eF in •1, absenee thereef a! the legal ate pFevaifing ftem t: to
time at the prifiempal plaee of business of the Af:6iiteet.
(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 other regulations at the Owner's and
Architects 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 annually adjusted in accordance with 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.)
12.1 COMPENSATION FOR WORK UNDER THIS CONTRACT IS TO BE AS FOLLOWS:
1) RENOVATIONS TO THE MAIN FIRE STATION
A LUMP SUM FEE FOR ARCHITECTURAL SERVICES FOR RENOVATIONS TO THE FACADE OF THE
MAIN FIRE STATION BASED ON THE OWNERS BUDGET OF $65.000.00 IN THE AMOUNT OF $6.500.00
(10% OF CONSTRUCTION COSTS)
B) A PROPOSED REIMBURSABLE EXPENSE BUDGET IN THE AMOUNT OF $1,000.00
2) PROTOTYPE SUBSTATION DESIGN. FINAL CONSTRUCTION PLANS AND SITE ADAPTING OF PLANS
A LUMP SUM FEE FOR ARCHITECTURAL SERVICES FOR A PROTOTYPE FIRE STATION DESIGN, _
FINAL CONSTRUCTION PLANS BIDDING AND OBSERVATION OF ONE SUB STATION BASED ON THE
OWNERS BUDGET OF $450,000.00 IN THE AMOUNT OF $34.875.00 (7.75% OF CONSTRUCTION _
COSTS)
B) A PROPOSED REIMBURSABLE EXPENSE BUDGET IN THE AMOUNT OF $1,750.00
3) FEES FOR OTHER PROJECTS (AS INDICATED IN THE DESCRIPTION OF WORK PAGE 1 OF THIS _
AGREEMENT) NOT LISTED ABOVE. IF AUTHORIZED BY SUPPLEMENTAL TO THIS AGREEMENT, WILL BE
BASED ON THE STATE OF ARKANSAS ARCHITECTURAL FEE SCHEDULE, HEREBY MADE ATTACHMENT
"A" TO THIS AGREEMENT.
4) IF THE OWNER INCREASES THE BUDGET BEYOND THE AMOUNTS INDICATED THE ARCHITECT WILL
HAVE THE OPPORTUNITY TO RE -NEGOTIATE THE STATED LUMP SUM FEES BASED ON THE STATE
BUILDING SERVICES FEE SCHEDULE (ATTACHMENT A) AND THE REVISED BUDGET AMOUNT.
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
(Signature)
MR FRED HANNA. MAYOR
CITY OF FAYETTEVILLE
(Printed name and title)
(S' lanu•e)
MR RICHARD ALDERMAN PRINCIPAL
WITTENBERG. DELONY & DAVIDSON. INC.
(Printed name and title)
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE ANIERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1987
User Document: FAYFIRE2.DOC -- 5/15/1997. AIA License Number 131378, which expires on 7/1/1997 -- Page #12
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WE ARE SENDING YOU [-Attached ❑ Under separate cover via
LETTER of URUMUTMU
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DATE
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the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order g�,_&5r. )
COPIES
DATE
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DESCRIPTION
ACTION
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THESE ARE TRANSMITTED as checked below: ACTION CODE
1. Approved as submitted 4. Revise & resubmit for record
❑ For approval
2. Approved as noted 5. Revise & resubmit for approval
[For your use
3. Proceed with fabrication 6. Advise tentative delivery date
[5Y s requested as noted.
F-For review and comment
REMARKS- ��`w�ss
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COPY TO L-2 DD _I •CR'S�t-j � (����Z— ,
SIGNED:
)�J4;�_
if enclosures are not as noted. kindly notify us at once.
INSURANCE BINDER
aonoral Annidnnt —IMMUMMEN0000— SIXTY(6o)
Insuring Company INSURANCE AND BONDS Day Binder
THE INSURING COMPANY DOES HEREBY ACKNOWLEDGE ITSELF BOUND DURING THE PERIOD OF THIS BINDER FOR SUCH COVERAGES LISTED IN ITEM 2 AS INDICATED BY
A LIMIT OF LIABILITY OR AMOUNT OF INSURANCE APPLICABLE THERETO ON THE RISK HEREIN DESCRIBED. SUBJECT TO THE INSURING AGREEMENTS, EXCLUSIONS, CONDI-
TIONS, AND OTHER TERMS OF THE POLICY FORM PROVIDED THE COMPANY'S UNDERTAKING HEREUNDER SHALL BE WITH RESPECT ONLY TO SUCH COVERAGES AS ARE
AFFORDED BY IT UNDER THE POLICY FORM,
1 NAME OF INSURED
City of Fayetteville, Purchasing Office
ADDRESS
OCCUPATION
113 West Mountain
te.v -I14eTA,R- 7 2 7-^ 1
Limits of Liability or Amount of Insurance
2. Type of Coverage
OWNER'S & CONTRACTOR'S
$ 1,000,000. OCCURRENCE
PROTECTIVE LIABILITY
$ 2,000,000. AGGREGATE
CONTRACTOR
Heckathorn Construction Company, Incl.
1880 Birch Avenue
Fayetteville, AR 72701
JOB
Central Fire Station
"POLICY SHALL NOT BE CANCELLED OR
Exterior Modifications
REDUCED, RESTRICTED OR LIMITED
UNTIL ( 30) DAYS AFTER THE OWNER &
ARCHITECT HAVE RECEIVED WRITTEN
NOTICE AS EVIDENCED BY RETURN
CONTRACT AMT $ 51,711.
RECEIPT OF REGISTERED OR CERTIFIED
LETTER."
INCLUDE ENGINEER AS
ADDITIONAL INSURED
Wittenberg, Delony & Davidson, Inc.
100 West Center, Ste 102
Fayetteville, AR 72701
3. A PREMIUM CHARGE IN ACCORDANCE WITH THE APPLICABLE RULES AND RATES OF THE MANUAL IN USE BY THE COMPANY WHEN THIS BINDER BECOMES EFFEC-
TIVE SHALL BE MADE FOR THE PERIOD COVERAGE IS IN EFFECT. ACCEPTANCE BY THE INSURED OF A POLICY IN PLACE HEREOF SHALL RENDER THIS BINDER NULL
AND VOID AS OF THE EFFECTIVE DATE OF SUCH POLICY. THIS EITHER MAY BE CANCELED BY THE INSURED OR BY THE AGENT BY MAILING TO THE COMPANY WRIT-
TEN NOTICE STATING WHEN THEREAFTER SUCH CANCELLATION SHALL BE EFFECTIVE, THIS BINDER MAY BE CANCELED BY THE COMPANY BY MAILING TO THE
INSURED AT THE ADDRESS SHOWN ABOVE AND TO THE AGENT WRITTEN NOTICE STATING WHEN, NOT BEFORE 12:01 A.M. THE THIRD BUSINESS DAY FOLLOWING
THE DATE OF MAILING, SUCH CANCELLATION SHALL BE EFFECTIVE. DELIVERY OF WRITTEN NOTICE SHALL BE EQUIVALENT TO MAILING.
THIS BINDER EFFECTIVE
THIS BINDER ISSUED
DATE HOUR
DATE 103197 HOUR /
THE CASHI O IPANY. IN
By �r i���'��/
321 SCOTT ♦ P. O. BOX 550 ♦ LITTLE ROCK, ARKANSAS ♦ 501-376-0716 ♦ FAX (501) 376-2118
CERTIFICATE OF
INSURANCE W DATE
1 03/97�
PRODUCER 501-376-0716
THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
The Cashion Company, Inc.
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
P.O. Box 550
9 `�
COMPANIES AFFORDING COVERAGE
Little Rock, AR 72203
COMPANY
A General Accident
INSURED
COMPANY
B Northbrook Property & Casualty
Heckathorn Construction
COMPANY
Company, Inc.
C
1880 Birch Avenue
COMPANY
Fayetteville AR 72703
D
ry��■■�/ .... .... w::::: ........r v..
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p•+.
......:...r;•:;}•n.;r;v::•::..v>iy.;.'::;>::•i::..;r;:::{:?;}•.}:'.;::::.......
•i:: .....
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTW rT H9TAN'D I NG 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 CONDITION OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF.
POLICY EXP.
LIMITS
LTR
DATE (MM/DD/YY)
DATE (MM/DD/YY)
GENERAL LIABILITY
GENERAL AGGREGATE
200000
PROD-COMP/OPAGG.
9000000
A
CO'%IM. GENERAL LIABILITY
CGL501150301
3/19/97
3/19/98
C I.A11I5 MADE OCCUR
PERS. & ADV. INJURY
1000000
EACH OCCURRENCE
1000000
OWNER'S & CONTRACT'S PROT
FIRE DAMAGE(One Flre)
nn
MED EXP(Any one person)
5000
AUTOMOBILE LIABILITY
COMBINED SINGLE
A
X ANY AUTO
BA017767003
3/19/97
3/19/98
LIMIT
1000000
BODILY INJURY
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per Person)
X HIRED AUTOS
BODILY INJURY
X NON-oWNED AUTOS
(Per acddenl)
PROPERTY DAMAGE
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY
EACH OCCURRENCE
5000000
A
X UMBRELLA FORM
XCO10130602
3/19/97
3/19/98
AGGREGATE
5000000
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
I STATUTORY LIMITS
EMPLOYERS' LIABILITY
EACH ACCIDENT
500000
A
WC015227502
3119/97
3/19/98
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
DISEASE -POLICY LIMIT
500000
OFFICERS ARE; EXCL
DISEASE -EACH EMPL.
500000
OTHER
B
61771457
3/19/97
3/19/98
BLANKET BUILDERS
ALL RISK COVERAGE
RISK /$1,000. DED
$ 2,500,000. LIMIT
DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLES/SPECIAL ITEMS
JOB: CITY OF FAYETTEVILLE; CENTRAL FIRE STATION
EXTERIOR
MODIFICATIONS
CF,RTIFICATE BOLDER ..............__...-' ........
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF FAYETTEVILLE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL KIMWKWK
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
PURCHASING OFFICE
LEFT,TIei►]I,IAO[9[JIB[O¢L]blle06¢J481�9I1Gla7l»7I<�r�C
113 WEST MOUNTAIN
XQ4wXrRS PAO?(�7NRV FT GDL�)Pd�` X►X 7(Yi9¢D¢] 1 9f44XG[ 4C
AUTHORIZED RP.PRF_9F:NTA7'1%'EJ
FAYETTEVILLE, AR 72701
ACORO S 3) 2- 22
INSURANCE BINDER
GPnera1 Accident
Insuring Company INSURANCE AND BONDS
STX'TV (60)
Day Binder
THE INSURING COMPANY DOES HEREBY ACKNOWLEDGE ITSELF BOUND DURING THE PERIOD OF THIS BINDER FOR SUCH COVERAGES LISTED IN ITEM 2 AS INDICATED BY
A LIMIT OF LIABILITY OR AMOUNT OF INSURANCE APPLICABLE THERETO ON THE RISK HEREIN DESCRIBED SUBJECT TO THE INSURING AGREEMENTS, EXCLUSIONS, CONDI-
TIONS, AND OTHER TERMS OF. THE POLICY FORM PROVIDED THE COMPANY'S UNDERTAKING HEREUNDER SHALL BE WITH RESPECT ONLY TO SUCH COVERAGES AS ARE
AFFORDED BY IT UNDER THE POLICY FORM
1 NAME OF
INSURED
City of Fayetteville, Purchasing
Office
ADDRESS
OCCUPATION
113 West Mountain
e.ram-l!-P�R_72701
-
2. Type of Coverage
Limits of Liability or Amount of Insurance
$ 1,000,000. OCCURRENCE
OWNER'S & CONTRACTOR'S
PROTECTIVE LIABILITY
$ 2,000,000. AGGREGATE
CONTRACTOR
Heckathorn Construction Company, Inc.
1880 Birch Avenue
Fayetteville, AR 72701
JOB
Central Fire Station
"POLICY SHALL NOT BE CANCELLED OR
Exterior Modifications
REDUCED, RESTRICTED OR LIMITED
UNTIL ( 30) DAYS AFTER THE OWNER &
ARCHITECT HAVE RECEIVED WRITTEN
NOTICE AS EVIDENCED BY RETURN
CONTRACT AMT $ 51,711.
RECEIPT OF REGISTERED OR CERTIFIED
LETTER."
INCLUDE ENGINEER AS
ADDITIONAL INSURED
Wittenberg, Delony & Davidson, Inc.
100 West Center, Ste 102
Fayetteville, AR 72701
3. A PREMIUM CHARGE IN ACCORDANCE WITH THE APPLICABLE RULES AND RATES OF THE MANUAL IN USE BY THE COMPANY WHEN THIS BINDER BECOMES EFFEC-
TIVE SHALL BE MADE FOR THE PERIOD COVERAGE IS IN EFFECT ACCEPTANCE BY THE INSURED OF A POLICY IN PLACE HEREOF SHALL RENDER THIS BINDER NULL
AND VOID AS OF THE EFFECTIVE DATE OF SUCH POLICY THIS EITHER MAY BE CANCELED BY THE INSURED OR BY THE AGENT BY MAILING TO THE COMPANY WRIT-
TEN NOTICE STATING WHEN THEREAFTER SUCH CANCELLATION SHALL BE EFFECTIVE THIS BINDER MAY BE CANCELED BY THE COMPANY BY MAILING TO THE
INSURED AT THE ADDRESS SHOWN ABOVE AND TO THE AGENT WRITTEN NOTICE STATING WHEN, NOT BEFORE 12:01 A M THE THIRD BUSINESS DAY FOLLOWING
THE DATE OF MAILING, SUCH CANCELLATION SHALL BE EFFECTIVE DELIVERY OF WRITTEN NOTICE SHALL BE EQUIVALENT TO MAILING
THIS BINDER EFFECTIVE
THIS BINDER ISSUED
DATE 1 1 103 97 HOUR
DATE HOUR
THE CASH OMPANY, I
By
321 SCOTT ♦ P. O. BOX 550 ♦ LITTLE ROCK, ARKANSAS ♦ 501-376-0716 ♦ FAX (501
-'V
CER T`11FIC A TE OF
INSURANCE
DATE (MM/DD/YY)
1 1 /03/97
_
PRODUCER 501-37 B-0716
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
The Cashion Company, Inc.
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
P.O. Box 550
COMPANIES AFFORDING COVERAGE
Little Rock, AR 72203
COMPANY
A General Accident
INSURED
COMPANY
Heckathorn Construction
B Northbrook Property & Casualty
COMPANY
Company, Inc.
C
1880 Birch Avenue
COMPANY
Fayetteville AR 72703
D
COC��tAli`i8S
-
- --------
--------
THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
I DICATED, 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 18 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF.
ATE (MM/DD/YY)
POLICY EXP.
DATE (MM/DD/YY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
2000000
A
COMM.GENERAL LIABILrrY
CLAIMS MADE OCCUR
CGL501150301
3/19/97
3/19/98
PROD-OOMP/OPAGG.
2000000
PERS.! ADV.INJURY
1000000
EACH OCCURRENCE
1000000
OWNERS do CONTRACT'S PROT
FIRE DAMAGE(One Fire)
Rtlinfin
MED EXP(Any one person)
5000
AUTOMOBILE LIABILITY
COMBINED SINGLE
A
X ANY AUTO
BA017767003
3/19/97
3/19/98
LIMIT
1000000
BODILY INJURY
ALL OWNED AUTOS
SCHEDULED AUTOS
(PR P—)
X HIRED AUTOS
BODILY INJURY
X NON -OWNED AUTOS
(Per Kddenl)
PROPERTY DAMAGE
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY
EACH OCCURRENCE
5000000
AGGREGATE
50000M
A
X UMBRELLA FORM
XCO10130602
3/19/97
3/19/98
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
STATUTORY LIMITS
A
EMPLOYERS' LIABILITY
WC015227502
3/19/97
3/19198
EACH ACCIDENT
500000
THE PROPRIETOR/ R1NCL
PARTNBRSIEXECUIIVB
D186A8B-POLICY LIMIT
$00000
OFFICERS ARE; EXCL
DISEASE -EACH EMPL.
500000
OTHER
B
61771457
3/19/97
3/19/98
BLANKET BUILDERS
ALL RISK COVERAGE
RISK /$1,000. DED
$ 2,500,000. LIMIT
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPRCIAL ITEMS
JOB: CITY OF FAYETTEVILLE; CENTRAL FIRE STATION EXTERIOR
MODIFICATIONS
CERTIFICATE 11 LDER
CANCgtL T1ODi
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF FAYETTEVILLE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL K"1 XNK
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
PURCHASING OFFICE
LEFT,1aDC14►7[1a0L7¢nOC[Dc9vfrDfO�o[ l�flmc]Oi7D11D]�eLlc7n7oRIDa[
113 WEST MOUNTAIN
7tDc9(ACr7t947t�?Cr?14N1xOPOC�x[>�7CDPie>c0C7[77Ct1CF7[9ElEl07C0[�7[9C
AUTHORIZED REPRESENTAT
FAYETTEVILLE, AR 72701
Di
ACORD N-S
HUEB GROUP OF INSURANCE COMPANIES
15 Mountain View Road, P.O. Box 1615, Warren, New Jersey 07061-1615
FEDERAL INSURANCE C OMMANY
PERIFORMANCE AND PAYM ENT BOND
Bond No. K-81470746
KNOW ALL MEN BY THESE PRESENTS:
Amount $ 51,711.00
That we, HECRATHORN CONSTRUCTION COMPANY, INC.
(hereinafter called the Principal), as Principal, and the FEDERAL
INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized.i
under the laws of the State of Indiana,(hereinafter called the SVet%) _n
as Surety, are held and firmly bound unto A Z F=
cn o m
c7
CITY OF FAYETTEVILLE
p
(hereinafter called the Obligee), in the sum of o
FIFTY ONE THOUSAND SEVEN HUNDRED ELEVEN DOLLARS AND 00/100f8*-** 3 rn
($51, 711. 00) C" c> C�l
for the payment of which we, the said Principal and the said Su ty,u X
bind ourselves, our heirs, executors, administrators, successors;;andro a
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal entered into a certain Contract with one
Obligee, dated OCTOBER 7, 1997 for
CENTRAL FIRE STATION / EXTERIOR MODIFICATIONS
FAYETTEVILLE, ARKANSAS
in accordance with terms and conditions of said Contract, which is
hereby referred to and made part hereof as if fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
above bounden Principal shall well and truly keep, do and perform each
and every, all and singular, the matters and things in said Contract
set forth and specified to be by said Principal kept, done and
performed, at the times and in the manner in said Contract specified
and shall pay all lawful claims of sub -contractor, materialmen or
laborers for labor performed or materials furnished directly to the
Principal, in the performance of said Contract, we agreeing and as-
senting that this bond shall be for the benefit of the Obligee, any
sub -contractor, materialmen or laborer having a just claim, subject to
the Obligee's priority, then this obligation shall be void; otherwise
the same shall remain in full force and effect; it being expressly
understood and agreed that the liability of the Surety for any and all
claims hereunder shall in no event exceed the penal amount of this
obligation as herein stated, subject, however, to the following
conditions:
No suit or action shall be commenced hereunder by any claimant
supplying labor or material on the Project:
a) After the expiration of one (1) year following the date on which
Principal ceased work on said Contract, it being understood,
however, that if any limitation embodied in this bond is pro-
hibited by any law controlling the construction hereof such
limitation shall be deemed to be amended so as to be equal to the
minimum period of limitation permitted by such law.
b) Other than in a state court of competent jurisdiction in and
for the county or other political subdivision of the state in
which the Project, or any part thereof, is situated, or in the
United States District Court for the district in which the
Project, or any part thereof, is situated, and not elsewhere.
Any suit under this bond by the Obligee must be instituted before the
expiration of two (2) years from the date on which final payment under
the Contract falls due.
Sealed with our seals and dated NOVEMBER 3, 1997
HEC.. _'T_'HO N CO R CT N ANY, INC.
�s By
By
*ney-in-fact
POWER OP ATTORNEY
Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 1CMountain View Road, Warren, New Jersey, an Indiana Corpora-
tion, has constituted and appointed, and does hereby constitute and appoint Benson A. Cashion, Matthew Knight Cashion, Jr. ,
Shirley Stain, Carla Sue Hollis and William R. Plegge of Little Rock, Arkansas -------------------
each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety
thereon or otherwise, bonds of any of the following classes, to -wit:
1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing
or not doing of anything specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs
or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board
or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds. Workers' Compensation bonds,
Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
3. Bonds on behalf of contractors in connection with bids, proposals or contracts.
In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal
to be hereto affixed this loth day of March 1g 93
Corporate Seal
FEDERAL RANCE COMPANY
By
es D Orxon
Vice President
Assletent Secretary
STATE OF NEW JERSEY 1 SS.
County of Somerset I
On this 10 th day of March 1993 , before me personally came Richard D O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE
COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Richard D O'Connor be ng by me duly sworn, d d depose and say that he is Assistant Secretary of the
FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said
Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority and that he is acqua nled with James D. Dixon and knows him to be the Vice President of said Company,
and that the signature of said James D. Dixon subscribed to said Paver of Attorney is in the genuine handwriting of said James D. Dixon and was thereto subscribed by author ty of said By -Laws and in deponent's presence.
Notarialr 1
�•'
Acknowledged and Sworn to fore me
end
R
ve: abowrit
the date above
/• ,, ion
�*q '1
12 C LC.
f�i.t::
Notary Public
`?(.prt6s
CERTIFICATION MET 1 • SCA t`Oi cH
Natilitry
STATE OF NEW JERSEY
} ss.
No. 2C66_r12
County of Somerset
JJ
Coea115102 Ezpims 0awb:a2,
I, the undersigned, Ass stant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By-laws of the said Company as adopted by its Board of Directors
on March 2, 1990 and that this By -Law is in full force and effect.
"ARTICLE XVIII.
Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed
in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective
designations, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided
for in Section 3 below, may execute any such bond, undertaking or other obi gallon as provided in such resolution or power of attorney.
Section a All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman orthe President or a Vice President
or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each
of the following officers: Chairman, Vice Chairman, President, any Vice President, any Ass stant Vice President, arty Secretary, any Ass slant Secretary and the seal of the Company may be affixed by fats mile to arty
power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature
thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached "
I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columb a, Puerto Rico, and each of the
Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by law.
I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect.
Given under my hand and the seal of said Company at Warren, N.J., I s 3T'CZ lay- 1997_.
Corporate
GENERAL (FORMERLY 21-10-0333)
Assistant Secretary
PRINTED
U.S.A.
CHUBB GROUP OF INSURANCE COMPANIES
15 Wuntain View Road_ P.Q. Box 1615_ Warren. New Jersey 07061-1615
FEDERAL. INSUZANCE COMPANY
PERFORMANCE AND PAYMENT POND
Bond No. K-81470746 Amount $ 51,711.00
KNOW ALL MEN BY THESE PRESENTS:
That we, HECKATHORN CONSTRUCTION COMPANY, INC.
(hereinafter called the Principal), as Principal, and the FEDERAL
INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized
under the laws of the State of Indiana,(hereinafter called the Surety)
as Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE a
cn c r-
E C rn
(hereinafter called the Obligee), in the sum of = z: �, v
FIFTY ONE THOUSAND SEVEN HUNDRED ELEVEN DOLLARS AND 00/100***** CD o
($51,711.00) c
for the payment of which we, the said Principal and the said SgEety�
bind ourselves, our heirs, executors, administrators, successorp San?
firmly b these resents. cs o
assigns, jointly and severally, y y p n
.M Fv v
WHEREAS, the Principal entered into a certain Contract with the
Obligee, dated OCTOBER 7, 1997 for
CENTRAL FIRE STATION / EXTERIOR MODIFICATIONS
FAYETTEVILLE, ARRANSAS
in accordance with terms and conditions of said Contract, which is
hereby referred to and made part hereof as if fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
above bounden Principal shall well and truly keep, do and perform each
and every, all and singular, the matters and things in said Contract
set forth and specified to be by said Principal kept, done and
performed, at the times and in the manner in said Contract specified
and shall pay all lawful claims of sub -contractor, materialmen or
laborers for labor performed or materials furnished directly to the
Principal, in the performance of said Contract, we agreeing and as-
senting that this bond shall be for the benefit of the Obligee, any
sub -contractor, materialmen or laborer having a just claim, subject to
the Obligee's priority, then this obligation shall be void; otherwise
the same shall remain in full force and effect; it being expressly
understood and agreed that the liability of the Surety for any and all
claims hereunder shall in no event exceed the penal amount of this
obligation as herein stated, subject, however, to the following
conditions:
No suit or action shall be commenced hereunder by any claimant
supplying labor or material on the Project:
a) After the expiration of one (1) year following the date on which
Principal ceased work on said Contract, it being understood,
however, that if any limitation embodied in this bond is pro-
hibited by any law controlling the construction hereof such
limitation shall be deemed to be amended so as to be equal to the
minimum period of limitation permitted by such law.
b) Other than in a state court of competent jurisdiction in and
for the county or other political subdivision of the state in
which the Project, or any part thereof, is situated, or in the
United States District Court for the district in which the
Project, or any part thereof, is situated, and not elsewhere.
Any suit under this bond by the Obligee must be instituted before the
expiration of two (2) years from the date on which final payment under
the Contract falls due.
Sealed with our seals and dated NOVEMBER 3, 1997
HECKATHO CON 5TC IO OMP Y, INC.
r'
By
SURANf,L}--COMPANY
By
Attorney -in -fact
POWER Ot ATTORNEY
Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpora-
tion, has constituted and appointed, and does hereby constitute and appoint Benson A. Cashion, Matthew Knight Cashion, Jr. ,
Shirley Stain, Carla Sue Hollis and William R. Plegge of Little Rock, Arkansas -----------------
each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety
thereon or otherwise, bonds of any of the following classes, to -wit:
1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing
or not doing of anything specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relatin.9 to Customs
or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board
or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensation bonds,
Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
3. Bonds on behalf of contractors in connection with bids, proposals or contracts.
In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal
to be hereto affixed this loth day of March 1993
Corporate Seal
T—s,;,.
r._;'�' —!• '� FEDERAL,04SURANCE COMPANY
By
If;J
es D. Dixon
ichatd D. O'Connor Vice President
Assistant Secretary
STATE OF NEW JERSEY 1 SS.
County of Somerset I
On this 10 th day of March 1993 , before me personally came Richard D O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE
COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Richard D O'Connor being by me duly sworn, d d depose and say that he is Assistant Secretary of the
FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seat and was thereto affixed by authority of the By -Laws of said
Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with James D. Dixon and knows him to be the Vice President of said Company,
and that the signature of said James D. Dixon subscribed to said Power of Attorney is in the genuine handwriting of said James D. Dixon and was thereto subscribed by authority of said By -Laws and in deponent's presence
Notarial
..•Y��
a
Acknowledged and Sworn to Plore me
r„
an the tlPUBLM ate above wri n
Notary Public
J
CERTIFICATION YANET A. SCA 70'i:1E
Ifewy pawli4. Sta' of 74-Tv
STATE OF NEW JERSEY
} s3.
310. 2t:156521'.�
County of Somerset
IWWMIHo n 2: ., ,
iERpims Crtob-:a . •,� Y
I, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the Bylaws of the said Company as adopted by its Board of Directors
on March 2, 1990 and that this By -Law is in full force and effect
"ARTICLE XVIII
Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed
in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective
designations, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided
for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney.
Section 3 All powersof attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President
or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations The signature of such officers may be engraved, printed or lithographed. The signature of each
of the following officers: Chairman, Vice Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any
power of attomey or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature
thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding upon the Company with rasped to any bond or undertaking to which it is attached"
I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the Stales of the United States of America, District of Columbia, Puerto R co, and each of the
Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by law.
I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect
Given under my hand and the seal of said Company at Warren, N.J., I h t, dayoI NA V pmhAr 192:4
Corporate
JERAL (FORMERLY 21-10-0333)
Assistant Secretary
PRINTED
USA