HomeMy WebLinkAbout68-97 RESOLUTIONRESOLUTION NO. 68-97
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT WITH PERRY BUTCHER
& ASSOCIATES, FOR DESIGN AND CONSTRUCTION
SUPERVISION ON PHASE II, CRYSTAL SPRINGS GIRLS
SOFTBALL COMPLEX, IN THE AMOUNT OF $19,950, PLUS
AN AMOUNT NOT TO EXCEED $ I 1 ,OOO FOR REIMBURSABLE
EXPENSES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKAITISAS:
Section I . That the City Council hereby authorizes the Mayor and City Clerk to execute
a contract with Perry Butcher & Associates, for design and construction supervision on Phase II,
Crystal Springs Girls Softball Complex, in the amount of $19,950, plus an amount not to exceed
$11,000 for reimbursable expenses. A copy of the contract is attached hereto marked Exhibit "A"
and made a part hereof.
' ilASEEp AND APPROVED this sth day of August ,lgg7.
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APPROVED
Hanna, Mayor
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ATTEST:
Traci Paul, City Clerk
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THE AMERICAN INSTITUTE OF ARCHITECTS
EXHIBIT A
AIA Document B14l
Standard Form of Agreement Between
Owner and Architect
1987 EDIflON
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED I'TITH RESPECT TO ITS COMPLETION OR MODIFICATION.
AGREEMENT
made as of the
Nineteen Hundred and
day of in the year of
BETWEEN the Owner:
(Nctme and aclclress)
and the Architect
(Name and address)
For the following Project:
(lnclude detailed description of Project, loution, Address and scope.)
The Owner and Architect zgree as set forth below
The City of Fayetteville
Administration Bui lding
113 W. Mountain Street
Fayetteville, AR 72701
Perry L. Butcher & Associates, Architects, P.L.L.C.
1 16 ttrest Walnut
Rogers, AR 72756
Crystal Springs Softball Field Phase II
Salem Road
Fayetteville, AR
See Exhibit rtArr for details of Lhe scope of senrices.
Copyright t917,t926, 1948, 1951,1953,1958, 196t,1963,196r,t%7,1970, 1974, 1977,@t987 byTheAmericanlnstitute
of Architects, 1735 New York Avenue, N.W., Washington, D.C. 200O6. Reproduction of the material herein or substantial
quotetion of its provisions without written permission of the AIA violates the copyright laws of the United States and will be
subiect to legal prosecution.
AIA DOCUIEI{T Bl.t . OWNER.ARCHITECT AGNTTUENT . FOURTEENTH EDITION . AIAO . O1987
THE AMERICAN INSTITUTE OF ARCHITECTS, I73' NEV YORK AVENUE, N.W., VASHINGTON, D.C. 20006
WARNING: Unlicensed photocopylng violates U.S. copyrlght laurc and is subiect to legal prosecutlon.
8141-1987 1
W
EDITOR'S NOTE
From time to time, the AIA makes minor corrections and
clarifications in its documents as they are reprinted.
Changes in the 7188 reprinting of the 1987 edition of Bl41
were made in Subparagraphs 2.5.1 and 11.3.2, Changes in
this 6192 reprinting were made in Subparagraph 2.5.1O
and Paragraph 4.5. See Section C of the Instruction Sheet
for a detailed description of these changes.
TERMS AND CONDITIONS OF AGREEMENT BET\rEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services per-
formed 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 expedi-
tiously as is consistent with professional skill and care and the
orderly progress of the rtrfork. Up<)n request of the Owner, the
Architect shall submit for the Owner's approval a schedule frlr
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 f<tr
approvd 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 I I .5. I .
ARTICLE2
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
^ny
other services identified
in Article 12 as part of Basic Services, and include normal stnrc-
tural, mechanical and electrical engineering services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shdl review the program furnished by the
Owner to ascertain the requirements of the Project and shall
arrive at a mutud understanding of such requirements with the
Owner.
2.2.2 The Architect shdl provide a preliminary evaluation of
the Owner's program, schedule and construction budget
requirements, each in terms of the other, subject to the limita-
tions 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 constnrction budget requirements, the Architect shall
prep'are, for approval by the Owner, Schematic Design Docu-
ments consisting of drawings and other documents illu.strating
the scde 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 authc>riz.ed by the Owner in the pr<>gram,
schedule or construction budget, the Architect shall prepare,
for approval by the Owner, Design Development Docuntents
consisting of drawings and other documents to fix and describe
the size and character of the Project as to architectural, struc-
tural, mechanicd 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 Develclpment D<rcu-
ments 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 Specifica-
tions setting forth in detail the requirements for the construc-
tion of the Project.
2.4.2 The Architect shall assist the Owner in the preparation t>f
the necessary bidding information, bidding forms, the Condi-
tions of the Contract, and the form of Agreement between the
Owner and Contractor.
2.4.3 The Architect shall advi.se the Owner of any adju.stments
to previous preliminary estimates of Construction C<lst indi-
cated by changes in requiremcnt.s or general market cr>nditions.
2.4.4 The Architect .shall assist the Owner in connection with
the Owner's responsibility for filing documents required for
the approval of governmental authorities having juriscliction
over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, f<rll<>wing the Owner's approv:tl of the
Construction D<rcument.s and of the latest preliminary cstimate
of Construction Cost, shall assist the Owner in obtaining bids
or negotiated prop()sals ancl assist in awarding and prcltaring
contracts for construction.
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 l'he Architcct's rc.spon.sibility to prr>vide []:r.sic Scrt'ices
trlr the Corrstrurctirxl Plul.sc Llncle r this Agreemcnt colnlncnccs
with the awarcl of thc (l<)ntr:rct ftrr ConstrLrctir>rt ancl tcrttti-
ltatc.s at the earlicr oI tl'rc i.ssuancc to tl'tc Owncr rlf thc final
(,crtificatc fitr I)ayn'lcnt rlr (rO cl:rys aticr thc clatc of Sul'l.stutr-
ti:rl Crlrnplctir>n of thc \Wrlrk.
2.6.2 The Architect .shall pr>vide administration of the C<ln-
tract for Construction as set forth below and in the edition of
AIA Document A2O I , General Conditions of the C()ntrilct frlr
Construction, current as of the date of this Agreement, unless
r>therwise provided in this Agreement.
2.6.3 Duties, responsibilities and limitations clf authrlrity of the
Architect shall not be re.stricted, modified or extended without
written agreement of the Owner and Architect with c()nsent of
the Contractor, which consent shall not be unretLsonably
withheld.
AIA OOCUTENT B1'1 . OWNER.ARCHITECT AGREEMENT . FOI.IRTIiTINTH EDITION . AIAO . OI9II7
THE AMERICAN INSTITUTE OF ARCHITECTS, I7]5 NEW YORK AVENIJE, N.!0V,, WASHINGTON, D.C. 2OO(X)
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subiect to legal pnosecution.
8141-1987 2
2.6.4 The Architect shall be a rcpre.scntative of and shall advisc
and c<lnsult with the Owner ( I ) during construction until final
payntent to the Contractor i.s duc, and (2) as an Additional Ser-
vice at the Owner's direction from time to time during thc ct>r-
rcctit>n period described in the Contract frrr Cr>nstructi<>n. T'he
Architcct shall have authority t() act on behalf of the Owner
only to the extent provided in thi.s Agreement unless othcrwisc
modified by written instrument.
2.6.5 The Architect shall visit the .site at intervals appropriatc
to the .stage of construction or it^s otherwise agreed by thc
Owncr and Architect in writing to become generally familiar
with the prcgress and quality of the Vork completed and to
determine in general if the tWork is being performed in a man-
ner indicating that the Work whcn completed will be in accor-
dance with the Contract Dr>cunrents. However, the Architect
shall not be required to make exhau.stive ()r continuous on-site
inspections to check the quality or quantity ctf the Work. On
the basis of on-site observations as an architect, the Architect
shall kcep the Owner inf<lrmed <lf thc progress and quality t>f
the Wclrk, ancl shall endeav<lr t() guard the Owner against
defects and deficiencies in thc \flork . (Mctre extensire site
represetilatictrt may be agreecl to as an Aclclitictnal Sert'ice, as
clescriberl in Paragraph .1.2.)
2.6.6 The Architect shall not have control over or charge of
and shall not be responsible frrr c<lnstruction means, methods,
techniques, sequences or prr>cedLrres, r>r for safety precautions
and programs in connection with the \Work, since thesc arc
.solely the C<tntractor's respon.sibility uncler the Contract f<rr
Construction. The Architect shall not be re.sponsible for thc
C<tntractor's schedule.s or failure t() carry out the Vork in acct>r-
dance with the Contract D<lcunlents. The Architect shall not
havc control over or charge of acts rlr omissions of the Contrac-
tor, Subcontractors, or their agents or employees, or <lf An)'
other pcrsons performing portions <>f thc Vork.
2.6.7 Thc Architect shall at all tinres have access to the Wtlrk
wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract
Dr>cument.s or when direct c()mmunications have been spe-
cially authorized, the Owner and Contractor shall communicate
thr<tugh the Architect. Communications by and with the Archi-
tect'.s consultants shall be thrclugh thc Architect.
2.6.9 Based on the Architect's observations and evaluations of
the Contractor's Applications frlr Paymcnt, the Architect shall
review and certiFy the amounts duc the Contractor.
2.6.10 l'he Architect's certificati<ln frrr payment shall consti-
tutc a representation to the owner, based r>n the Architect's
observations at the site as provided in Subparagraph 2.6.5 and
on the data comprising the Contractor's Application for l'ay-
lncnt, that, to the best <>f the Architect'.s knowledge, infornta-
tion ancl bcliel the \Work ha.s pr()grc.ssccl to the point indicated
and thc cluality of tVrtrk is in accrlrdance with the Contract
Documents. The foregoing representations are subject to an
evaluation of the Work for conf<>rmance with the Contract
f)<>cuments upon Substantial Completion, to results of subse-
quent tests and inspections, to minr>r deviations from the Ccln-
tract Documents correctable prior to completion and to spc-
cific qualifications expressed by the Architect. The issuance t>f a
Certificate for Payment shall further constitute a representation
that the Contractor is entitled to payment in the amount certi-
fied. However, the issuance of a Certificate for Payment shall
not be a representation that the Architect has (l) made exhaus-
tive ()r continuous on-site inspecti<lns to check the quality <lr
quantity of the Vrlrk, (2) rcviewed c<>nstruction means, meth-
od.s, techniques, sequences or procedures, (3) reviewed copies
of requisitions received from subcontractors and material sup-
pliers and other data requestecl by the Owner to substantiate
the Contractor's right to payment or (4) ascertained how <tr for
what purpose the Contractor has used money previt>usly paid
()n acc()unt of the Contract Sum.
2.6.11 The Architect shall have authority to reject Work which
does not conform to the Contract Documents. lVhenever the
Architect considers it nece.ssary or advisable for implementa-
tion of the intent of the Contract Documents, the Architect will
have authority to require additi<lnal inspection or testing of the
Work in accordance with thc provisions of the Contract D<lcu-
ntents, whether or not such Vork is fabricated, installed ()r
completed. However, neither thi.s authority of the Architect nor
a decision made in good faith cithcr to exercise or not to exer-
cise such authority shall give ri.se tr) a duty or responsibility of
thc Architect to the Contractor, Subcontractors, material and
ecluipment suppliers, their agents or employees or other per-
.sons performing p<lrtions <lf the \Urlrk.
2.6.12 The Architect .shall rcview ancl appr()ve or take r>ther
appropriate action upon Contract()r's submittds such :r.s Shop
Drawings, Product Data and Samples, but only for the limited
purpose c>f checking for confrrrmance with information given
ancl thc design concept expressecl in the Contract Documents.
The Architect's action shall be taken with such reasonable
promptness as to cause nr> delay in the Vork or in the con-
struction of the Owncr ()r r>f .separate contractors, while allow-
ing .sufficient time in the Architect's professional iudgment to
permit adequate review. Rcview c>f such submittals is not c()n-
ducted for the purpose of determining the accuracy and com-
pleteness of other details such as dimensions and quantities or
fr>r substantiating instructions frlr installation or perfornrance of
cquipment or systems designecl by the Contractor, all of which
remain the responsibility <lf the Contractor to the extent
required by the C<tntract D<lcuments. 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 r>f which the item is a component.
When professional certification of performance characteristics
of materials, systems or equipment is required by the C<>ntract
Documents, the Architect shall be entitled to rely upon such
certification to establish that the materials, systems or equip-
ment will meet the perfr>rmance criteria required by the Ccln-
tract Documents.
2.6.13 The Architect shall prepare Change Orders and Con-
struction Change Directives, with supporting documentation
and data if deemed necessary by the Architect as provided in
Subparagraphs 3.1 .l and 3.3.3, for the Owner's approvd and
execution in accordance with the Contract Documents, and
may authorize minor changes in the tVork 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 Sub.stantial Cclmpletion and the date of final
completion, shall receive and forward to the Owner for the
Owner's review and record.s written warranties and related
documents required by the Contract Documents and assem-
bled by the Contractor, and .shall issue a final Certificate for Pay-
ment upon compliance with the requirements of the Contract
D<lcuments.
AIA DOCU}IENT B1'1 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITTON ' AIAO ' @1987
THE AMERICAN INSTITTJTE OF ARCHITECTS, I735 NEIV YORKAVENUE, NW.,IWASHINGTON, D.C.200063 8141-1987
WARNTNG: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
2.6.15 The Architect shdl interpret and decide matters con-
cerning 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 re'asonable prr)mptness 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. tVhen making such interpretations and initial deci-
sions, the Architect shall endeavor to secure faithful perfcrr-
mance by both Owner and Contractor, shall not sht)w 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 aesthe-
tic 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 que.s-
tion between the Owner and Contractor relating to the execu-
tion or progress of the Work as provided in the Contract
Documents.
2.6.19 The Architect's decisions on claiffis, di.sputes or other
matters, including those in question between the Owner and
Contractor, except for those relating to aesthetic effect as pro-
vided in Subp^ragraph 2.6.1 7, shall be subject to arbitration as
provided in this Agreement and in the Contract Document.s.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article ) are not included
in Basic Services unless so identified in Article 12, and they shall
be paid for by the Owner as provided in this Agreement, in
addition to the compensati<>n frrr Ba.sic Service.s. The services
described under Paragraphs 3.2 and 3.4 shall only bc pr<>vided
if authc>rized rlr confirmed in writing by the Owncr. If scrvices
described under Contingent Additional Servicc.s in Paragraph
3.3 are required due to circumstances beyoncl the Architect's
control, the Architect shall notify the Owncr prior to com-
mencing such services. If the Owncr cleems that such scrvices
described under Paragraph 3.3 are not requircd, thc Owner
sh'all give prompt written notice to the Architect. If the Owner
indicates in writing that all or part of such Contirrgent Addi-
tional Services are not requirecl, the Architect shall have no obli-
gati()n to provide those services.
3.2 PROJECT REPRESENTATION BEYOND BASIC
SERV!CES
3.2.1 If more extensive representation at the sitc than is
described in Subparagraph 2.6,5 is required, the Architect shall
provide one or more Project Representatives to a.ssist in carry-
ing out such additional on-site respr>nsibilities.
3.2.2 Project Representatives shall be selected, enrployed and
directed by the Architect, and the Architect .shall bc con'rpen-
sated therefor as agreed by the Owner and Architect. The
duties, responsibilities and limitations of authority of Prcject
Representatives shall be a.s described in the edition <lf AIA
Document 8352 current as <lf the date of this Agreement, unles.s
otherwise agreed.
3.2,3 Through the observations by such Proiect Represen-
tatives, the Architect shdl endeavor to provide further protec-
tion 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 2re:
,1 inconsistent with approvals or instructions previously
given by the Owner, including revisions made neces-
sary by adjustments in the Owner's program or Proi-
ect budget;
.2 required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such
documeots; or
.3 due to changes required as a result of the Owner's fail-
ure 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, qual-
ity, complexity, the Owner's schedule, or the method of bid-
ding or negotiating and contracting for construction, except for
services required under Subparagraph 5.2.5,
3.3.3 Preparing Drawings, Specifications and other documen-
tation 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 evduating substi-
tutions proposed by the Contractor and making subsequent
revisir>ns to Drawings, Specificaticlns and other documentation
resulting therefrom.
3.3.5 Provicling consultation concerning replacement of Work
damaged by fire or other cause during construction, and fur-
ni.shing services required in c()nnection with the replacement
of such \Ur>rk.
3.3.6 Pr<lviding services made necessary by the default of the
Contractor, by major clefects or deficiencies in the Vork of the
Contractor, or by failure of performance of either the Owner or
Contractor under the Contract for Construction.
3.3.7 Provicling services in evaluating an extensive number of
claims submitted by the Contractor or others in connection
with the Work.
3.3.8 Providing service.s in connection with a public hearing,
arbitratir>n proceeding or legal proceeding except where the
Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or sequential
bid.s or providing services in connection with bidding, negotia-
tion or construction prior to the completion of the Construc-
tion Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and program-
ming the requirements of the Project.
3.4.2 Providing financial fezusibility or other special studies.
3.4.3 Providing planning surveys, site el'aluations or com-
parative .studies of prospective site.s.
AIA DOCUIIENT 8141 . ONTNER.ARCHITECT AGREEMENT ' FOURTEENTH EDITION ' AlA@ ' O1987
THE AMERICAN INSTITUTE OF ARCHITECTS, I735 NEW YORK AVENUE, N.\v., VASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying vlolates U.S. copyright laws and is subject to legal prosecution.
8141-1987 4
3.4.4 Providing special surveys, environmental studies and
submissions required for approvals of governmental authorities
or others having jurisdiction over the Pr>ject.
3.4.5 Providing services relative to future facilities, systems
and equipment.
3.4.6 Providing services to investigate existing conditions or
facilities or to make measured drawings thereof.
3.4.7 Providing services tcl verify the accuracy r>f drawings or
other information furnished by the Owner.
3.4.8 Providing coordination clf c<-lnstnrction performed by
separate contractors or by the Owner's own forces and coordi-
nation of services required in connection with constnrction
performed and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a con-
struction manager or separate consultants retained by the
Owner.
3.4.10 Providing detailed estimates of C<lnstruction Cost.
3.4.11 Providing detailed quantity survcys or invent<>ries ()f
material, equipment and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4,13 Providing interior design and other similar service.s
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 space.s.
3.4.15 Making investigations, inventorie.s of materials rlr equip-
ment, or valuations and detailed appralsals of existing facilities.
3.4.16 Preparing a set of reproducible record drawings show-
ing significant changes in the V<>rk made during construction
based on marked-up prints, drawings and other data furni.shed
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 manuds, training per.sonnel f<lr
operation and maintenance, and consultation during operation.
3.4.18 Providing services after issuance t() the Owner of the
final Certificate for Payment, or in the absence of a final Cer-
tificate for Payment, more than 60 days after thc date r>f Sub-
stantial Completion of the tVork.
3.4.19 Providing services r>f c<)n.sultant.s f<>r other than archi-
tectural, structural, mechanical and electrical engineering p()r-
tions 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 custom arily furnished in accordance
with generally accepted architectural practice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shdl provide full information regarding
requirements for the Prclject, including a program which shall
set forth the Owner's objectives, schedule, constraints and cri-
teria, including space requirements and relationships, flexi-
bility, expandability, special equipment, systems and site
requirements.
4.2 The Owner shdl establish and update an overall budget for
the Project, inclucling 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 evi-
dence 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, legd limitations and utility locations for the site
of the Project, and a written legal description of the site. The
surveys and legal information shdl include, 2S applicable,
grades and lines of streets, alleys, pavements and adjoining
property and structures; adjacent drainage; rights-of-way,
restrictions, easements, encroachments, zoning, deed restric-
tions, bt>undaries ancl cont()urs of the site; locations, dimen-
sions and necessary data pertaining to existing buildings, other
improvements and trees; and information concerning available
utility serviccs and lines, both public and private, above and
bel<tw grade, inch-rding invert.s and depths. All the information
on thc .survcy shall be refercnccd to a Project benchmark.
4.6 The Owne r .shall furni.sh the services of geotechnical engi-
neers when such scrvices are requested by the Architect. Such
services may include but are not limited to test borings, test
pit.s, determinatir>ns of soil bearing values, percolation tests,
evaluations <>f hazardous materids, ground corrosion and resis-
tivity tests, including necessary operations frlr anticipating sub-
soil conditions, with reports and appropriate professional
recommenclatir)ns.
4.6.1 The Owner shall furnish the services of other consul-
tants when such services are reasonably required by the scope
<lf the Project and are reqt:ested by the Architect.
4.7 The Owner .shall furnish structural, mechanic'al, chemical,
air ancl water pollutir)n tests, tests for hazardous materials, and
t>ther laborat()ry 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 ntay be necessary at any time for the
Prr>ject, inclucling auditing services the Owner may require t<r
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
Paragraph.s 4.5 thrr>ugh 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 Prlmpt written notice shall be given by the Owner tcl the
Architect if the Owner becomes aware of any fault or defect in
the Project or nonconformance with the Contract Documents.
4.1 1 The proposecl language r>f certificates or certifications
reque.sted of the Architect or Architect's consultants shall be
submittecl to the Architect for review and approval at least l4
days pri<>r to execution. The Owner shall not request certifica-
tir>ns that would require knowledge or services beyond the
scope of this Agreement.
AtA DOCUTENT 81.1 . ONONER.ARCHITECT AGREEMENI.. FoURTEENTH EDITIoN. AIAO . O1987
THE AMERICAN INSTITTJTE OF ARCHITECTS, I7J5 NEW YORK AVENUE, N.\Y., WASHINGTON, D.C. 200065 8141-1997
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shdl be the tot'al cost or e.sti-
mated cost to the Owner of all elements r>f 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 Architecr, plus a reasonable allowance for the Con-
tracior's overhead and profit. In addition, a reasonable dkrw-
ance for contingencies shall be included for market conditions
at the time of bidding and for changes in the \7ork during
construction.
5.1.3 Construction Cost does not include the c<lmpensation of
the Architect 'and Architect's consultants, the costs of the land,
rights-r>f-way, financing or other costs which are the respon-
sibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evduations of the Owner's Project budget, preliminary
estimates of Construction Cost and detailed estimates of Con-
struction Cost, if any, prepared by the Architect, represent the
Architect's best judgment es a design professiond familiar with
the construction industry. It is recogntzed, however, that nei-
ther the Architect nor the Owner has control over the cost of
Iabor, 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 evaluaticln prepared or agreed
to by the Architect.
5.2.2 No fixed limit of Construction Cost shdl 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 heret<>. 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 materids, equipment, com-
ponent systems and types of construction are to be included in
the Contract Documen$, to make reasonable adiustments in
the scope of the Project and to include in the Contract Docu-
ments dternate bids to adjust the Construction Cost to the fixed
limit. Fixed limits, if any, shall be increased in the arnount 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 Constnrction
Documents to the Owner, ffiy 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 proposds are sought.
5.2.4 lf a fixed limit of Construction Cost (adiusted as pro-
vided in Subparagraph 5.2.3) is exceeded by the lowest bona
fide bid or negotiated proposd, the Owner shdl:
,1 give written approval of an increase in such fixed
limit;
.2 authorize rebidding or renegotiating of the Project
within a reasonable time;
.3 if the Project is abandoned, terminate in accordance
with Paragraph 8.3; clr
.4 cooperate in revising the Project scope and quality as
required to reduce the Construction Cost.
5.2.5 If the Owner ch<xrses to proceed under Clause 5.2.4.4,
the Architect, without additional charge, shall modify the Con-
tract Documents as necessary to comply with the fixed limit, if
established as a condition of this Agreement. The modification
of Contract Documents shall be the limit of the Architect's
responsibility arising out of the establishment of a fixed limit.
The Architect shall be entitled to compen.sation in accordance
with this Agreement frrr dl services performed whether ()r not
the Construction Phase is commenced.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents pre-
pared by the Architect for this Project 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 repro-
ducible 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 Archi-
tect'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 r>thers, unless
the Architect is adjudged to be in default under this Agreement,
except by agreement in writing and with appropriate compen-
sation to the Architect.
6.2 Submission or distribution of documents to meet official
regulatory requirements or f<rr similar purposes in connection
with the Project is not t() be construecl as publicatir>n in deroga-
tion of the Architect's reserved right.s.
ARTICLE 7
ARBITRAT!ON
7.1 Claims, disputes or other matters in question between the
parties to this Agreement arising out of or relating to this Agree-
ment or breach thereof shdl be subject to and decided by arbi-
tration in accordance with the Construction Industry Arbitra-
tion Rules of the American Arbitration Association currently in
effect unless the parties mutudly agree otherwise.
7.2 Demand for arbitration shall be filed in writing with the
other parry to this Agreement and with the American Arbitra-
tion Association. A demand for arbitration shall be made within
e reasonable time after the claim, dispute or other matter in
question has arisen. In no event shall the demand for arbitration
be made after the date when institution of legd or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the applicable starutes of limiutions.
7.3 No arbitration arising out of or relating to this Agreement
shall include, by consolidation, ioinder or in any other manner,
an additional person or entity not a party to this Agreement,
AIA DOCUTEI{T B1I1 . OITNER.ARCHITECT AGREEMENT . FoURTEENTH EDTTIoN. AIAO . OI987
THE AMERICAi{ INSTITUTE OF ARCHITECTS, I735 NEV YORKAVENUE, N.\T.,ITASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subiect to legal plosecution.
8141-1987 6
/
except by written consent containing a specific reference to
this Agreement signed by the Owner, Architect, 'and any other
person or entity sought to be joined. c<tnsent to arbitration
involving an additional person or entity shdl not constitute
consent to arbitration of any claim, dispute or other matter in
question not described in the written consent or with a person
or entity not named or described therein. The foregoing agree-
ment to arbitrate and other agreements tr> arbitrate with an
additional person or entity duly consentecl to by the parties to
this Agreement shall be specifically enforceable in accc>rdance
with applicable law in any court having jurisdiction thereof.
7.4 The award rendered by the arbitrator or arbitrators .sh'all be
fin'al, ancl judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement may be terminated by either party upon
not less than seven days' written ncltice should the other party
fail substantially to perf<lrm 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 ser-
vices perfrrrmed prior to notice of such suspension. Vhen the
Pr>ject is resumed, the Architect's c()mpensation shall be equi-
tably adjusted to provicle for expenses incurred in the interrup-
tion and resumption of the Architect's services.
8.3 This Agreement may be terminated by the Owner upon
not less th'an seven days' written notice to the Architect in the
event that the Prr>ject 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 Failurc of the Owner to make payment.s to thc Architect in
accordance with this Agreement shall be considercd substantial
nonperfrrrmance and caLlse for termination.
8.5 If thc Owner fails to make payment when clue the Archi-
tect for services and expenses, the Architcct may, upon seven
days' written notice t<> the Owner, su.spend perfrlrmancc t>f ser-
vices under this Agreement. Llnles.s paymcnt in full is received
by the Architect within seven days of the date of the notice, the
suspcnsir>n shall take effect without further notice . In the event
of a .suspension of services, the Architect .shall have no liability
to the Owner fr>r delay or damage caused the Owner because
of such suspen.sir)n of services.
8.6 In the event of tcrminatir>n not the fault of the Architect,
thc Architect shall be compen.sated frrr services perfrlrmcd prit>r
to termination, together with Reimbursable Expenses then due
and all Termination Expenses as defined in Paragraph 8.7.
8.7 Termination Expcnses arc in addition to cclmpensation f<rr
Basic and Additional Service.s, and include expenses which are
directly attributable to termination. Termination Expenses .shall
be cc>mputed as a percentage of thc total compensation ft>r
Basic Services and Adclitional Services earned to the time of ter-
minatir)n, as folkrws:
.1 Twenty percent of the t<ltal compensation for Basic
and Additional Services earned to clate if termination
occurs before rlr during the predesip;n, site analysis, or
Schematic Design Phases; or
.2 Ten percent of the total compensation for Basic and
Additiond Services earned to date if termination
occurs during the Design Development Phase; or
.3 Five percent of the total compensation for Basic and
Additiond Services earned to date if termination
occurs during any subsequent phase.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement shdl be gov-
erned by the law of the principal place of business of the
Architect.
9.2 Tcrms in this Agreement shall have the same meaning as
those in AIA Document A201, General Conditions of the Con-
tract frlr Construction, current as of the date of this Agreement.
9.3 Cause.s r>f 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 com-
mencc to run not later than either thc date of Substantial Com-
pletion for acts or failures to act r>ccurring prior to Substantial
Completion, or the date of issuance r>f the final Certificate for
Payment f<rr acts or failures to act <;ccurring after Substantial
Completion.
9.4 The Owner and Architect waive all rights against each
otherand against the contractors, consultants, agents and
employees of the other fcrr clamages, but only to the extent cov-
ered by property insurance during c()nstruction, except such
rights as they may have to the proceeds of such insurance as set
forth in the eclition <lf AIA Document A201, General Conditions
of the Contract fr>r Constructir>n, currcnt a^s r>f the date c>f this
Agreement. The Owner and Architect each shall require similar
waivers frr>m their contractors, consultants and agents.
9.5 The Owner and Architect, respectively, bind themselves,
their partners, succcssors, assign.s and legal representatives to
the <>ther party to this Agreement and to the partners, succes-
sors, :r.ssigns and lcgal representative.s of such other party with
respect to all covcnants of this Agreenrent. Neither Owner nor
Architect shall assign this Agreement without the written con-
sent of the other.
9.6 This Agreemcnt represents the entire and integrated agree-
ment between the Owner and Architect and supersedes all
prior negotiations, representations or agreements, either writ-
ten or oral. This Agreement may be amended only by written
instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a contrac-
tual relationship with or a cause of action in favrtr of a third
party against either the Owner or Architect.
9.8 Unless ()therwise provided in this Agreement, the Architect
and Architect's c()nsultants shall have no re.sponsibility for the
discovery, presence , handling, rem(>val or disposal of or expo-
sure of per.sons t<-t hazardr>us materials in any frrrm at the Pr<>ject
site, including but not limited to asbestos, asbestos products,
polychkrrinated biphenyl (PCB) or other toxic substances.
9.9 The Architect shall have the right to include representa-
tions of the design of the Project, including photographs tlf the
exterirlr ancl interior, arrrong the Architect's promotional and
profe.ssional materials. The Architect's materials shall not
include the Owner's cctnfidential or proprietary inf<rrmatit>n if
the Owner has previously advised the Architect in writing of
AIA OOCUIIENT B1'I1 . o\SNER.ARCHITECT AGREEMENT . FoURTEENTH EDITION . AIAO . OI987
TTIE AMERICAN INSTITUTE OI'ARCHITECTS, I735 NEW YORK AVENUE, N.W., \TASHINCTON, D.C. 20006
\
7 8141-1987
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
the specific information considered by the owner ro be cbnfi-
dential or proprietary. The Owner shall provide professional
credit for the Architect on the construction sign and in the pro-
motional materials fclr the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1 .1 Direct Personnel Expen.se is definecl as the direct
salarie.s <tf the Architect's personnel engaged on the project and
the portion of the cost of their mandatory and customary con-
tributir>ns and benefits related thereto, such as employment
taxes and other statutory empktyee benefits, insurance, sick
leave, holidays, vacations, pensions and similar c<tntribution.s
ancl benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensa-
tion for Basic and Additional Services and include expenses
incurred by the Architect and Architect's employees and con-
sultants in the interest of the Project, as identified in the follow-
ing Clauses.
1 0.2.1 .1 Expense <lf transportation in connection with the
Project; expeoses in connection with authorized out-of-town
travel; long-distance communicati<>ns; and fees paicl for secur-
ing appr<>val of authorities having jurisdiction over the Project.
10.2.1.2 Expense of reproductions, postage and handling of
Drawings, Specificati<lns and other documents.
10.2.1.3 If authorized in advance by the owner, expense of
overtime work requiring higher than regular rare.s.
10.2.1.4 Expense of rende.irgs, mt>clels and mrrck-ups requested
by the Owner.
10.2.1.5 Expense <tf additional insurance coverage or limits,
including professional liability insurance, requested by the
Owner in excess ctf that normally carried by the Architect ancl
Architect's consultant.s.
1 0.2.1 .6 Expense of computer-aided design ancl drafting
equipmcnt time when used in connection with the prctject.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forrh in Paragraph I l.l 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 proportir>n to ser-
vices performed within each phase of service, on the basis set
forth in Subparagraph ll ,2.2.
10.3.3 If and to the extent that the time initially established in
Subparagraph I 1.5.1 of this Agreement is exceeded or extended
through no fault of the Architect, compensation frrr any ser-
vices rendered during the additional period of time shall be
computed in the manner set forth in Subparagraph ll.j.Z.
10.3.4 when compensation is basecl ()n a percentage of con-
structi()n C<>st and any portions of thc Project are deletecl or
otherwise not constructed, compensation for those portions of
the Prcject shall be payable ro the extent services are per-
formed on tht>se portions, in accr>rdance with the schedule set
forth in Subparagraph I I .2.2, based on (l) the lowe.st bona fide
bid or negotiated proposal, or (2) tf no .such bid or proposal is
received, the most recent preliminary estimate of C<tn.struction
Cost or cletailed estimate r>f Construction Cost for .such por-
tions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERV!CES
10.4.1 ery-Jnt, on account of the Architect's Aclditional
Serviccs ancl for Reimbursable Expenses shall be macle mclnthly
upon prcsentation of the Architect's stlltement of services ren-
dered ()r expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's com-
pensati()n on account of penalty, liquidatecl damages or other
sums withheld from payments to contractors, or on acc()unt of
the cost of changes in the Work other than those for which the
Architect has been founcl tr> be liable.
10.6 ARCHITECT'SACCOUNTING RECORDS
10.6.1 Rccords of Reimbursable Expcn.scs and expen.scs per-
taining to Aclditional Services and .scrvices performed on the
basis of a rnultiple of Direct Personncl lixpense shall bc avail-
able to the Owner or the ()wner's auth< rized reprcse ntative at
mutuallv c<lnvenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENTof Zero Do[ars($ 0.00 )shdl be made upon execution of this Agreement and credited to the owner's account at final payment.
11.2 BASICCOMPENSATION
1 1 .2.1 FOR BASIC SERVICES, as described in Article 2, utd any other services included in Article 12
^s
part <lf Basic Services, Basic
Compensation shall be computed as follows:
necessary.)
Stipulated sum of Nineteen Thousand, Nine Hundred Fifty Oollars ($191950.00)
AIA DOCUTENT BI41 . OVNER.ARCHITECT AGREEMENT . FoURTEENTH EDITIoN . AI.AO . @ I987
THE AMI]RICAN INSTITTJTE oF ARCHITECTS, I7,]5 NEV YORK AVENUE, N.V., VASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
8141-1997 g
Schematic Design Ph'ase :
Design Development Phase :
consrrucrion Documenrs Phase' $1 2 1200.00
Bidding rlr Negotiation Phase: 1 ,750.00
construcrion Phase , 6, 000. 00
11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services
in each phase shdl total the following percentages of the total Basic Compensatktn payable:
(lnsert addithnal phases cr.s apPn&riale.)
percent ( %)
percent ( %)
percent (6'l %)
percent ( 9 %,)
percenr (30 %)
Total l]'.rsic (,ompen.sation :
11.3 COMPENSATION FOR ADDITIONAL SERVICES
one hundred percent ( I 00'%,)
11.3.1 FoR PROJECT REPRESENT'ATION BEYONI) IIASIC SERVI(IES,'as describccl in Paragraph .1.2, compcnsation shall be cont-
puted as f<>lk>ws:
Actr:al time crcmputed at the hourly rates listed tmder Article 12.
Changes to the amount of the contract are made with a Change Order only wtren
agreed upon by both parties.
11.3.2 l:()R ADDtl'l()NAL SERVI(lES OF'l'tll.: AIt(;llll'HCT, as clcscribccl in Articles.l ancl l.l, othcr thatl (l) Aclclitit>tral I)r()icct
Reprcscptari1;g, as clescril;cd in Paragraph 3.2, urtl (2) serviccs irtcltrdcd ilt Articlc l2 as plrrt of Ilasic Scrviccs, llr"rt cxclucling
serviccs of cor-tsultlnts, c()tltpctlsatiort shall hc contl-rttted as firllows:
Actual time computed at the hourly rates listed under Article 12.
Changes to the arncunt of the crontract are made with a Change Order only wtren
agneed upon by both parties.
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additiona.l structural, mechanical and electrical enginccring
services and those provided under Subparagraph 3.4.19 or identifiecl in Article 12 As p rt of Aclditi<tnd Scrvices, a multiple of
One po1nt. One ( 1 .1 ) times rhe amounts billed to the Architect for such serviccs.
(ldenlifi,spccilic lypes ([ cortsullarrts in Articlc 12, if required.)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any <lther items included in Article l2 as Reimbursable
Expenses, a multiple of One pOint One ( t . t ) times the expenses incurred by the Architect, the Architect's
empkryees and consultants in the interest of the Proiect. ( not to exceed $1 1 , 000.00 )
11.5 ADDITIONALPROVISIONS
11.5.1 lF THE BASIC SERVICES covered by this Agreement have not been completed within twelve( 12 ) months of the date hereof, through no fault of the Architect, extension <>f the Architect's services beyond that time shdl be
compensated as provided in Subparagraphs 10.3.3 and 11.3.2.
11.5.2 Paymens are due and payable thiftV ( 30 ) days from the date of the Architect's invoice.
Amounrs unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, <>r
in the absence thereof at the legal rate prevailing from time to time at the principd place of business of the Architect.
(tnsert rate of interest asreed ulxvt.) ( ZefO pefCent ( 0E ) intefeSt .
respett to deletiims or inodifications, ancl also iegarding requirements sucb as uvittut disclosures or u,ait'ers.)
AIA DOCX,IENT 81.1 . OVNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION. AIAO . O1987
THE AMERICAN INSTITUTE OF ARCHITECTS, I735 NE\v YORK AVENUE, N.W., VASHINGTON, D.C.2MO69 8141-1987
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subiect to legal prosecution.
EXHIBIT IIBII
Perry L. Butcher & Associates, Architects, P.L.L.C
P.O. Box 2076
Rogers, Arkansas 727 57
(501) 636-3545
Schedule of Hourlv Fees
ARCHITECTURAL, ENGINEERING. DESIGN AND
The fees for architectural, engineering, design and construction observation are
charged in accordance with the following schedule:
Technical Coordinator
Draftsman
Eng i neeri ng Technician
Project Observer
Engineer-in-Training
Senior Draftsman
Mechanical Draftsman
Staff Architect #1
Staff Architect #2
Associate Architect
Structural Engineer
Principal Architect
$24.00
28.00
30.00
35.00
45.00
40.00
.60.00
55.00
60.00
75.00
75.00
100.00
CRYSTAL SPRINGS SOFTBALL FIELDS
FAYETTEVI LLE, ARKAN SAS
PHASE TWO
Project No. 95135
7t2t97
EXHIBIT IIAII
The scope of design services for the project is as follows;
1. Prepare construction documents for the following:
2
3
a. A single Concession Stand Building wttich also includes Men's and Women's
Public Toilets; Dug-outs and Score Keeper's Huts for four (4) Softball Fields;
Drinking fountains near each dug-out; Fencing for the softball fields;
Bleachers for the softball fields; Concrete Sidewalks within the site and
Asphalt Paving surrounding the concession stand building.
b. Topsoil, Donnafil and playing field soil for four (4) softball fields
markinqs and bases are excluded.
Playins fieLd
c. Conduit system for Owner supplied scoreboards
d. Foundations for field lighting poles and associated electrical conduit system
for four (4) softball fields, for later installation of poles, light fixtures and
wiring.
e. Surface drainage and infield and outfield French drainage for the softball
fields and concession area. Desiqn of drainaoe alono south Salem Road is
excluded. Desion of widenino of Salem Road is excluded.
f. lrrigation system for the softball fields. The irrigation system will be
connected to City water.
Provide Bidding and Construction Admtnistration services
Design project to meet current ADA accessibility requirements.
END OF EXHIBIT IIAII
a
11.5.3 The rates and multiples set forth for Additional Services shdl be annudly adiusted in accordance with normal salary review
practices of the Architect.
ARTICN.E 12
OTHER CONDITIONS OR SERVICES
t rlu&d tn tbts Agr@merrt.)
See D&ibit ,A" and Exhibit ,,B', attached.
This Agreement entered into as of the day and year first written above
OWNER OF FAYETTEVILLE .ARCH. P. L. L. C.
Freci Hanna, Idayor Perry L.or John T. Mack, Mernbers.
(Printed tutme and title)(Printed luune and title)
CAUTION: You should sign an orlglnal AIA document whlch has this caullon printed in red.
An orlglnal assures that changes wlll not be obscured as may occur when documenls are reproduced.
AI,A DOCT'TEiTT BIII . OWNER.ARCHITECT AGREEMENT . FOURTEENTH EDITTON . AIAO . OI987
THE AMERICAN INSTITUTE OF ARCHITECTS, I735 NEW YORK AVENUE, N.W., Y/ASHINGTON, D.C. 20006
IYARNING: Unllcensed photocopylng vlolates U.S. copyrlght lawg and ls subiect to lcgnl prosccrrtlon.
8141-1997 10
Reprlnted 8/93