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1995-11-20 - Agendas - Final
• MEETING NOTICE The Advertising and Promotion Commission will meet on Monday , November 20 , 1995 at 2 : 00 p . m , at the Chamber of Commerce . ADVERTISING AND .PROMOTION COMMISSION November � 20 , 1995 2 : 00 p . m . Chamber of Commerce I . Call to Order II . Reports A . Approval of Minutes for October 4 meeting B . Financial - Bbn Mayes C . Convention and Visitor Activity - Marilyn Johnson • D . Blackwood/Martin Agency Report - Susan Stirewalt III . Old Business A . Approval of Contract with Wittenberg , Delony . & Davidson for Exhibit Hall /Town Center B . Approval of 1996 Budget Appropriations IV . New Business V . Adjourn GROUP : ADVERTISING 6 PROMOTION COMMISSION DATE : October 4 , 1995 PRESENT : Coy Kaylor Susan Stirewalt Joe Fennel Marilyn Johnson Alex Jerde Ben Mayes Fred Hanna Steve Ward Woody Bassett Jim Waselues Curtis Shipley ABSENT : None CALL TO ORDER : The meeting was called to order by Commissioner Coy Kaylor at 1 : 45 p . m . in City Hall , Room 326 . MONTHLY REPORTS : MINUTES It was moved by Fennel , second by Jerde that the minutes of the September 11 meeting be approved . Motion carried . • FINANCIAL Ben Mayes presented the financial report . HMR collections were $ 80 , 376 in September , an increase of 4 . 618 over 1994 collections . Total year to date collections are $ 688 , 730 an increase of 7 . 84 % . September expenditures were $ 30 , 650 . Year to date expenditures $ 537 , 169 . Moved by Waselues , second by Hanna to approve the financial report . Motion carried. ACTIVITY REPORT Marilyn Johnson reviewed September activities of Convention Visitor Development . Inquiry responses year to date total 29 , 444 . Advertising inquiries continue to increase over 1994 ; however , relocation inquiries are down for this quarter . Motion by Fennel , second by Jerde to approve the Convention Visitor Report . Motion carried . • AGENCY REPORT Susan Stirewalt reported that inquiries are up 14 % year-to- date . The Lights of the Ozarks press release will go out . this week . Motion by Fennel , second by Waselues to approve the Agency report . Motion carried . OLD BUSINESS : None NEW BUSINESS : 1996 SPECIAL PROJECT FUNDING RECOMMENDATIONS Proposals for special funding projects totaled $ 267 , 238 . Subcommittee recommend the following amounts be granted for 1996 special project funding . 1 . Arkansas Air Museum $ 400000 2 . Autumnfest 51000 3 . City of Fayetteville Trolley Program Operations 35 , 000 Replacement Festival Lights 11000 4 , Fayetteville Square Gardens 20 , 000 5 . Lights of the Ozarks 20 , 300 6 , Walton Arts Center • Northern Tourist Info Center 29 , 172 Total $ 150 , 472 Trolleys will be made available to the Four Corners Ancestor Fair to transport people from Springdale to Fayetteville to restaurants , to library and to genealogical sites of interest . Request from Fayetteville Public Library requesting census records was tabled for dialog with them regarding the bottom line of amount requested . They were requested to come back at a later date . Commissioners requested that the trolleys be used for Lights of the Ozarks tours . Fennel requested that the Commission be kept more abreast of trolley development . Routes and schedules may have to be adjusted to become more highly visible . Motion by Hanna , second by Bassett to approve the budget for special projects . Motion carried . • • EXHIBIT . HALL/TOWN CENTER INTERVIEWS Interviews were conducted with three architectural firms for selection to do feasibility study/design draft for exhibit hall /town center . Firms interviewed were Perry L . Butcher & Associates Hailey/Amirmoez Associates Wittenberg , Delony & Davidson Following their presentations , the firm of Wittenberg , Delony & Davidson was selected . There being no further business , , the meeting was adjourned . Respectfully submitted , � ecl 0 9 � Marilyn Johnson Director Convention and Visitor Development • City of Fayetteville, Arkansas Monthly HMR Tax Collections 1993- 1995 1993 1994 1994 1995 1995 Total Total Change Over Total Change Over HMRTaxes HMR Taxes Prior Year HMR Taxes Prior Year January $ 54,149 $ 71 ,070 31 .25% $ 74,927 5.43% February 51 ,929 60,389 16.29% 71 ,046 17.65% March 54,606 64,306 17.76% 68,254 6.14% April 61 , 155 70,193 - 14.78% 73,027 4.04% May 58,564 72,767 24.29% 78,599 7.98% June 57,092 73,001 27.87% 80,875 10.79% July 58,219 71 ,576 22.94% 80,211 12.06% August 70,637 78,508 11 . 14% 81 ,416 3.70% September 68,287 76,833 12.51 % 80,376 4.61 % October 67,710 76,400 12.83% 77,619 1 .60% November 74,385 79,328 6.65% December 59,364 71 ,862 - 21 .05% Total $ 736,097 $ 866,253 17.68% $ 766,350 7. 17% 100 HM1Z Tax Collections By Month 80 a ao zo 0 - [ fl January February Mamh Apra May June July August September October Nowmber December • O 1993 ® 1994 1995 \HMRTAX r Advertising $ Promotion Commission Financial Report - Expenditures For the Month Ending October 31 , 1995 • 1995 YTD October Budget Item Budget Expenses Remaining Expenses Public Notification (BMA Contract) $250,000 $202,175 $47,825 $44,081 Audit Expense 100 100 0 Trolley Operations 35,000 251843 9, 157 51308 Collection Expense 36,000 30,654 51346 3,105 Convention Services 41400 4,359 41 Brochure Development 56,827 50, 126 6,701 10,835 800 Telephone Number (Chamber) 10,000 71500 21500 Lights of the Ozarks 20,000 209000 Autumnfest 75500 7,500 Springfest 7,500 6,877 623 Music Festival 71500 79500 0 Air Museum 50,000 50,000 0 Fixed Assets (Water Line) 800 703 97 Park Improvements (Girls Softball Complex) 280,000 280,000 Chamber of Commerce Contract 100,000 100,000 0 Special Protects Youth Center Tri - State Swimming Conf. 500 500 0 0.rk. Water Resources Center Conference 59000 5,000 0 5,000 University Museum Dinosaur Days 100000 41789 5,211 41789 Am. Legion Dept. of Ark. State Convention 31560 31500 60 Northern Tourist Information Center 29, 172 29, 172 0 71293 Holiday Hoops 21 ,500 21 ,500 0 Replacement Festival Lights - Square 11000 11000 Gary Hampton Memorial Youth Invitational 500 500 0 Joe Martin Memorial Stage Race 11955 19955 0 American College Theatre Festival Advertising 2,600 2,600 0 Square Gardens Maintenance 44,486 442236 250 10513 NCAA Cross Country Advertising 61000 6,000 0 City Entranceway Enhancements 29100 2,100 Washington County Historical Society 12,500 12,500 0 Ark. Air Museum - Plane Transportation 11400 1 ,400 0 Unobligated 25,013 25,013 TOTAL 1995 BUDGET $1 ,032,913 $619,490 $413,423 $81 ,924 • Y . ACTIVITY REPORT October , 1995 • 800 NUMBER October 1995 : 1181 YTD 1995 : 7128 October 1994 : 1135 YTD 1994 : 7474 October 1993 : 953 YTD 1993 : 5811 INQUIRY RESPONSES October 95 Tourist - 285 1995 YTD - 4288 October 94 Tourist - 222 1994 YTD - 3809 Oct . 95 Advertising Response - 5287 1995 YTD- 27 , 669 Oct . 94 Advertising Response - 1806 1994 YTD- 21 , 363 October 95 Relocation - 257 1995 YTD - 3316 October 94 Relocation - 373 1994 YTD - 3708 October 1995 Total Inquiries - 5829 October 1994 Total Inquiries - 2401 YTD 1995 Total Inquiries - 35 , 273 YTD 1994 Total Inquiries - 28 , 880 CONVENTION ACTIVITY Conventions - Trout Unlimited Samboree Natural Areas Conference Arkanss Press Women Meetings - Autumnfest Lights of the Ozarks Town Center/ Exhibit Hall Downtown Fayetteville Unlimited Annual State Tourism Marketing Meeting Girl Scouts Tour Groups - Great Travel Fun Tours - New Ulm , MN Miscellaneous - On- Premise Consumption Petition Drive Travel Expo Plus FHS Homecoming Parade Proofing NATA book Holiday Hoops program Media Relations - U A Journalism Arkansas Times Magic 107 . 9 Kelly Kemp Show - Channel 5 TV Demaree Media • Successful Meetings Media ( October placement ) - AAA Car and Travel Arkansas Tour Guide Arkansas Times Country Home Midwest Living ,Y Midwest Motorist NATA Democrat Gazette Springfield News Leader Tulsa World Knoxville News HMR COLLECTION COMPARISON October 1995 : $ 77 , 619 October 1994 : $ 76 , 400 Percent Increase 1 . 068 YTD 1995 : $ 766 , 350 YTD 1994 : $ 715 , 063 Percent Increase 7 . 178 HMR TOP 10 COLLECTORS - September Hilton Clarion Red Lobster Jose ' s Kirby ' s Chili ' s A Q Chicken Ryan ' s McDonald ' s 50s Ozark Brewing Co . TOURIST INQUIRY 1995 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC AL 0 3 2 3 3 1 3 4 5 0 0 0 AK 0 1 0 0 1 0 0 0 0 0 0 0 AZ 1 0 3 1 2 4 3 4 10 1 0 0 AR 51 74 154 80 85 63 60 75 101 60 0 0 CA 16 17 21 10 16 24 11 17 28 13 0 0 CO 1 0 2 2 2 4 3 7 15 2 0 0 CT 3 2 0 1 2 1 1 1 0 2 0 0 DE 1 0 0 0 1 0 0 1 0 0 0 0 DC 1 2 0 0 0 0 0 1 0 0 0 0 FL 7 8 17 5 5 6 8 9 3 6 0 0 GA 8 0 5 2 5 0 1 5 3 0 0 0 HI 0 0 0 0 0 0 0 0 1 0 0 0 ID 0 0 1 1 0 2 1 1 1 0 0 0 IL 10 13 63 12 12 18 16 20 53 12 0 0 IN 4 2 25 6 4 5 8 11 7 8 0 0 IA 1 8 25 2 10 4 2 6 21 8 0 . 0 KS 5 7 32 14 13 13 16 18 16 16 0 0 KY 1 1 5 1 2 1 0 2 2 2 0 0 LA 7 12 60 26 20 16 25 30 31 13 0 0 ME 0 1 0 1 0 0 0 0 ' 2 0 0 0 MD 0 3 3 1 0 1 2 3 0 2 0 ' 0 • MA 2 4 3 4 4 3 0 2 1 1 0 0 MI 3 7 31 9 2 2 7 8 15 9 0 0 MN 4 20 12 5 12 7 3 5 13 6 0 0 MS 1 4 14 1 8 0 9 8 2 2 0 0 MO 12 16 72 32 19 20 37 37 60 20 0 0 MT 0 0 0 0 0 0 0 1 1 1 0 0 NE 4 2 5 1 6 3 0 9 4 3 0 0 NV 2 1 1 1 2 2 0 1 2 0 0 0 NH 0 0 1 0 4 0 0 0 0 0 0 0 NJ 0 1 1 2 1 1 1 3 5 1 0 0 NM 0 0 4 2 1 1 1 5 7 1 0 0 NY 4 3 2 5 3 7 4 6 1 4 0 0 NC 3 4 7 3 3 2 0 5 1 3 0 0 ND 1 0 1 1 1 0 0 3 0 1 0 0 OH 3 9 30 5 6 5 2 10 14 3 0 0 OK 7 14 91 28 28 35 32 45 59 26 0 0 OR 1 2 1 0 2 2 0 0 5 0 0 0 PA 2 4 6 1 5 1 3 2 1 3 0 0 PR 0 0 0 0 0 0 0 0 0 0 0 0 RI 0 0 0 0 1 0 1 0 0 0 0 0 SC 2 0 4 2 4 3 2 7 1 0 0 0 SD 2 0 3 1 0 2 1 1 2 0 0 0 TN 8 6 16 6 9 4 8 13 19 4 0 0 TX 16 29 98 40 55 65 83 110 180 42 0 0 UT 0 0 1 1 1 0 2 0 3 0 0 0 VT 0 0 3 2 1 0 0 2 0 0 0 0 • VA 1 3 4 3 6 2 3 2 3 3 0 0 WA 4 2 1 2 3 1 0 1 2 0 0 0 WV 0 1 16 1 0 0 0 0 0 0 0 0 WI 8 7 1 5 3 2 6 8 17 1 0 0 WY 1 0 7 0 0 1 0 0 0 1 Can 3 2 0 2 3 2 1 2 4 5 0 0 Tot . 211 295 854 333 376 336 366 511 721 285 TOT . 4288 • Advertising Inquiry 1995 October 31 JAN FEB MAR APR MAY JUN JUL AG SEP OT NV DEC AT 175 484 567 318 130 283 115 197 158 AI 1195 685 52 17 130 629 ATM 133 63 34 2 15 95 BA 111 155 12 66 151 181 BY 18 CH 226 139 175 99 56 19 7 54 178 85 CS CT 61 1387 DM 101 1 1 DV 44 FE 4 1 602 GL HA 58 185 145 312 26 LA ML 14 16 639 258 119 43 26 96 222 75 MM NC 64 104 21 57 318 NTG 23 19 27 56 13 32 32 115 10 15 OS 407 346 122 42 24 9 635 355 • SL 61 57 337 231 283 272 168 312 450 250 SM 7 3 7 SNL TA 14 607 163 68 15 395 154 61 TG 7 225 82 1 TM 27 7 339 281 182 58 62 217 337 197 TP 19 67 63 273 50 12 207 27 84 164 TW USA 1210 1447 911 12 362 VP 179 256 242 224 170 117 36 41 346 VUS 554 79 65 24 Tot . 731 319 4887 5218 3284 2114 1318 1820 2691 5287 BA - BACKPACKER MM - MIDWEST MOTORIST BN - BIRMINGHAM NEWS NC - NEW CHOICES BY - BYWAYS NTG - NATA ATM — ARKANSAS TIMES OS - OUTSIDE CH - COUNTRY HOME SL - SOUTHERN LIVING CR - COURIER SM - SUCCESSFUL MEETINGS CS - CONVENTION SOUTH SNL - SPRINGFIELD NEWS LEADER CT - AAA CAR 7 TRAVEL TA - TRAVEL AMERICA DM - D-THE MAG . OF DALLAS TG - SOUTHERN LIV . TRAVEL DV DISCOVERY TM - TEXAS MONTHLY FE - FRIENDLY EXCHANGE TP - TRIP GL - GROUP TRAVEL LEADER TW - TULSA WORLD HA - HOME & AWAY USA . - USA WEEKEND AI - AR . NEWS INSERT ( CJ ) VP - VACATIONS PUBLICATIONS . LA - LAFAYETTE ADVERTISER VUS - VISTA USA ML - MIDWEST LIVING AT - AR TOUR GUIDE Advertising . Inquiry . " Yy State OCTOBER 1995 AT. AI ATM BA CH CT FE ML NC NTG SL SM TA OS TM TP USA VP TO' ,L 2 0 0 2 1 0 1 1 6 0 18 0 1 5 0 7 0 6 .K 0 1 0 2 1 0 0 0 1 0 0 0 0 1 0 0 0 1 .Z 1 0 0 2 1 0 22 0 9 1 2 0 1 4 1 0 0 7 5 : Rdh23 445 86 4 0 32 11 1 7 0 4 0 1 4 0 9 0 3 63 ( 'A 10 15 0 20 8 0 139 2 29 3 6 0 3 21 3 2 1 34 291 :0 0 1 0 5 1 4 23 0 6 1 1 0 0 3 3 0 0 2 5 ( 'T0 2 0 0 0 0 0 0 4 0 0 0 0 3 0 5 0 2 it )E 0 0 0 0 0 0 0 0 1 0 0 0 1 1 0 0 0 1 IC 0 0 0 0 0 0 0 0 1 0 0 0 0 2 0 0 0 1 'L 3 2 1 10 3 0 0 0 17 1 21 3 3 - 15 1 11 0 20 11 : :A 1 0 0 6 2 0 0 0 7 0 25 0 1 9 0 1 0 10 6 : :I 0 0 0 0 0 0 0 0 0 0 0 0 I. . o 3 1 0 0 6 1 ( D 0 0 0 0 0 0 4 0 1 0 0 0 0 1 0 0 0 1 L 7 9. 0 7 3 42 21 14 20 0 2 0 3 14 0 11 104 22 27 ! N 2 1 0 8 2 26 10 10 7 0 11 0 1 9 0 3 28 9 12 ' :S 6 2 1 2 1 211 5 41 5 0 + 0 0 3 7 3 3 1611 5 8d A 10 2 01 4 0 102 0 0 5 0 25 0 2 5 2 2 0 13 17 : (E 1 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 .D 0 0 0 1 0 0 0 0 10 0 1 0 3 7 0 2 0 9 3 : 'A 1 1 0 2 0 0 0 0 3 0 2 0 0 11 0 1 0 3 21 `I 2 0 0 5 7 0 12 10 7 1 1 0 2 14 0 2 55 14 13 : `N 5 2 0 1 0 26 20 2 7 0 1 0 1 5 0 3 27 8 iof :S 7 3 1 0 1 0 0 0 5 0 8 0 5 3 1 4 0 2 4 ( .0 5 7 1 7 1 158 25 11 11 0 5 0 1 11 1 15 18 9 28 ( :T 0 0 0 0 0 0 7 0 1 0 0 0 0 2 0 1 0 1 1 : "E 1 0 0 0 1 12 5 2 3 0 1 0 0 5 1 1 2 5 3 ! AV 0 1 0 1 0 0 5 0 3 0 1 0 0 1 0 1 0 1 11 'H 0 0 0 4 0 0 0 0 2 0 1 0 1 1 0 1 0 2 1 : J 0 2 0 2 2 0 0 0 12 0 1 1 3 9 5 4 0 6 4 ' M 1 0 0 0 0 47 5 0 2 1 5 0 0 4 0 0 0 4 6 ! Y 2 1 0 10 11 0 0 0 24 0 0 1 2 26 1 11 0 32 12 : C 3 1 1 2 2 0 0 0 1 0 18 0 0 4 0 4 0 4 4 ( D 0 0 1 0 0 6 2 1 0 0 0 0 0 0 0 0 0 1 1 : H 5 0 0 10 7 44 10 6 10 0 4 0 3 13 4 4 40 10 17 ( IK 6 7 1 5 3 74 62 1 11 1 12 0 1 6 5 7 0 2 201 )R 1 0 0 2 2 0 20 0 3 0 0 1 0 2 0 1 0 3 3 ! 'A 0 0 0 8 6 1 1 0 17 2 2 0 3 15 3 8 0 15 8 : IR 0 0 0 1 2 0 0 0 0 0 0 0 0 2 0 1 0 0 ( 'I 1 0 0 0 0 0 0 0 1 0 0 0 1 0 0 0 0 2 -C 1 0 0 1 3 0 0 0 2 0 10 0 1 4 1 0 0 3 2 ( -D 1 0 0 0 0 14 2 0 1 0 0 0 0 0 0 1 3 0 2 : 'N 1 0 1 8 1 0 6 0 1 0 12 0 2 6 1 7 0 5 5 : 'X 34 116 1 13 2 734 133 1 26 3 33 0 3 23 157 17 0 21 131 ' IT 0 1 0 1 1 0 11 0 0 0 0 0 0 3 0 0 0 3 2 ( 'T 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 0 0 2 'A 3 0 0 1 1 1 1 0 6 0 10 1 1 11 1 4 0 5 41 1A 2 5 0 2 2 0 22 0 6 0 1 0 2 6 1 0 0 5 51 01 1 I 3 11 0 31 3 , 0 1 0 10 61 61 0 { 11 0 31 161 01 1 0 4 4011 10 10 : TY 0 0 0 1 0 1 3 1 0 0 0 0 0 3 0 0 0 0 158 629 95 1811 85 138 601 11 O1 0 0 0 21 211 O1 0 0 3 4 75 318 15 250 7 61 355 197 164 362 346 • TOTAL 5287 RELOCATION INQUIRY 1995 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC AL 3 2 4 2 3 1 2 3 3 3 0 0 AK 1 2 3 2 0 1 1 0 0 0 0 0 AZ 10 4 11 7 11 9 7 5 12 6 0 0 AR 55 53 64 33 51 47 41 28 53 35 0 0 CA 56 36 46 30 56 34 37 34 52 -- 28 0 0 CO 11 8 20 8 18 6 5 8 8 9 0 0 CT 0 1 4 0 0 2 3 2 1 2 0 0 DE 0 0 0 0 0 0 0 0 0 0 0 0 DC 0 1 0 0 0 0 0 0 0 0 0 0 FL 13 3 18 12 28 8 9 16 21 14 0 0 GA 4 3 2 2 2 2 5 7 4 3 0 0 HI 2 0 1 1 0 1 1 1 0 1 0 0 ID 2 0 2 1 0 2 0 0 1 1 0 0 IL 13 18 35 15 15 15 17 11 13 13 0 0 IN 4 8 7 4 2 4 5 . 3 2 2 0 0 IA 5 8 7 2 7 7 5 3 7 4 0 0 KS 9 12 9 4 11 11 5 6 8 3 0 0 KY 0 1 1 2 0 2 0 4 1 2 0 0 LA 11 10 14 9 15 12 8 10 10 8 0 0 ME 0 0 2 1 0 0 1 0 0 0 0 0 MD 1 0 5 6 4 0 1 1 4 2 0 0 MA 4 1 3 5 1 1 0 1 2 1 0 0 MI 6 2 10 10 4 2 4 3 5 5 0 0 MN 2 1 8 6 4 2 5 7 4 5 0 0 MS 7 4 8 4 8 5 4 7 8 2 0 0 MO 12 19 29 13 16 11 14 17 13 10 0 0 MT 0 0 1 0 1 1 0 0 0 0 0 0 NE 3 1 3 6 3 ' 4 2 1 6 3 0 0 NV 1 2 3 3 3 2 2 2 5 1 0 0 NH 1 0 1 0 1 0 0 0 1 0 0 0 NJ 6 0 5 4 3 4 0 4 4 1 0 0 NM 4 0 6 4 0 0 5 3 3 8 0 0 NY 6 9 11 2 6 2 5 3 8 6 0 0 NC 4 4 2 5 6 5 4 4 3 0 0 0 ND 1 0 1 0 2 0 1 1 0 1 0 0 OH 2 2 9 5 5 5 3 2 7 5 0 0 OK 19 15 20 12 15 14 10 23 14 8 0 0 OR 5 6 1 5 0 5 1 1 1 1 0 0 PA 8 7 5 3 6 4 3 2 2 2 0 0 PR 0 0 0 0 0 0 0 0 0 0 0 0 RI 1 0 0 0 0 0 1 0 0 0 0 0 SC 5 3 4 2 0 1 2 3 0 0 0 0 SD 0 3 1 0 0 2 2 0 3 3 0 0 TN 5 6 7 4 12 12 5 12 3 5 0 0 TX 43 41 42 28 28 45 41 53 41 38 0 0 UT 3 0 0 2 2 0 3 0 1 2 0 0 VT 1 0 1 1 0 0 0 1 1 0 0 0 • VA - 10 8 5 1 5 3 9 3 11 7 0 0 WA 7 4 3 2 2 4 2 2 5 2 0 0 WV 0 0 0 0 0 0 0 0 1 0 0 0 WI 7 4 8 5 5 3 3 6 4 3 0 0 WY 1 2 1 0 0 1 0 2 1 0 0 0 Can 7 7 8 0 6 3 3 1 1 21 1 381 321 461 273 367 305 287 306 358 257 TOT . 3316 1 � I • MEMO November 15, 1995 TO: Fayetteville Advertising and Promotion Commissioners FR: Brad Ruth, BM&A Ww�- RE: 1996 Media Recommendations Attached please find 1996 Media Recommendations for Fayetteville. Recommendations include consumer magazine, newspaper and group travel/meetings and conventions category expenditures for the entire year. A budget summary and flow chart are also included. The additional $50,000 budget for advertising in 1995 over 1994 has paid • off. Current response information shows that advertising inquiries are up 30% year-to-date, and have already exceeded total inquires from the previous year by 7% . This increase is attributed to increased exposure in publications that have been successful in past years, new publications targeted to specific consumer segments and more editorial support from these publications. The first two pages are consumer magazine recommendations. The buy includes publications like AAAs Car & Travel, Home and Away and Midwest Motorist; travel publications like National Geographic Traveler and Travel America; special interest publications such as Better Homes and Gardens, Country Living and Family Circle; publications targeted to secondary markets including Arkansas Alumni, Outside and Travel 50 and Beyond; regional publications such as Texas Monthly, Southern Living and Midwest Living. The consumer magazine buy, consisting of 35 ads, generates over 33 million impressions and achieves a cost-per-thousand lower than ever before. BLACKWOOD/MARTIN & ASSOCIATES, INC. 3 EAST COLT SQUARE DRIVE • FAYETTEVILLE, AR 72703 POST OFFICE BOX 1968 • FAYETTEVILLE, AR 72702 - 1968 PHONE 501 - 442 -9803 4 FAX 501 - 442 -3092 American Assoc,at on of Ack im:sing Agencies • Promotion .Na rketln¢ A.sociation of America The third page is the recommended newspaper buy. Newspaper placements are recommended for feeder markets: Tulsa, Springfield and Little Rock.. Plans also include participation in free-standing-inserts produced by the State and other tourism organizations. This buy achieves almost 14 million additional impressions in core markets through 21 insertions at a very efficient CPM. Group Travel/Meeting and Convention recommendations include color ads for the first time and increased frequency- 23 total ads running throughout the year in seven publications. The final pages outline media and production expenditures for the year and provides a flowchart which, shows Fayetteville s extended seasonal advertising plans. BM&A will present these plans in more detail at the next A&P meeting, Monday, November 20. • 2 Ln Ln 0 U2 R • H0 eN v %q cr 0+ �Y � eN o0 000 0 �7 OO Oj erN0OM � O O O O O b Lr) w O fA 64 C 0 CD 00 0 Uva .» � � fA » � `` . »Lri � � i fA � E. P4 O O ¢ w w w ul 7� a . 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P. a. ww ¢ P, PL O N M M Cf) M M¢ M M M M M M M M M M N N N N Z z o a w o a4 O O g 0 0 0 0000 pp Coco p p p N N S S O i O O O S 0 0 0 w e VI CJ O U oD o0 L6 L6 V1 L6 O O pp O N N N N lri W 1<!1 1 t\ n E 1n N W a1 M co CSI Cf) \ a � m ¢ O .� O < U w Q uu p27 u U vii O • 1996 MEDIA BUDGET % OF BUDGET TOTAL Consumer Magazine 58.4% $144,721.00 Newspaper 17.1 % $42,383.00 Group Travel Magazine/Meetin 12.4% $30,766.00 Production 12.1 % $30,000.00 TOTAL 100.0% $247,870.00 e■■ SSSS■■ s■■■■■■■■�■■■■■■■�■■■■ ■■■ : ®■■ SSSS■■ ■■■■■■■■■�■■■■■■■�■■■■ ■■■ e■■ SSSS■■ ■■■■■■■■■�■■■■■■■�■■■■ ■■■ e■■ SSSS■■ ■■ ■■■■ �■�■■ - - ■■s��■■■ ■■■ . 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Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the tenth dayof November in the year of • Nineteen Hundred and Ninety - Five BETWEEN the Owner: FAYETTEVILLE ADVERTISING & PROMOTION COMMISSION (Name and address) P . 0 . BOX 4 216 FAYETTEVILLE , ARKANSAS 72702 and the Architect: WITTENBERG , DELONY & DAVIDSON , INC .. (Name and address) 100 WEST CENTER , SUITE 102 FAYETTEVILLE , ARKANSAS 72701 For the following Project:_ (Include detailed description of Project, location, address and scope.) Limited Services for : Feasability Study , Schematic Design , and Design Development for a new town center and parking facility complex . The Owner and Architect agree as set forth below. '• Copyright 1917, 1926, 19489 1951 , 1953, 1958, 1961, 1963, 1966, 1967, 1970; 1974, 1977; © 1987 by TheAmcrican Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. EDITOR'S NOTE From time to time, the AIA makes minor corrections and • clarifications in its documents as they are reprinted. Changes in the 7/88 reprinting of the 1987 edition of B141 were made in Subparagraphs 2 .6.1 and 11.3 ,2 . Changes in this 6/92 reprinting were made in Subparagraph 2 .6.10 and Paragraph 4.5 . See Section C of. the Instruction Sheet for a detailed description of these changes. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT I ARTICLE 1 schedule or construction budget, the Architect shall prepare, 'S RESPONSIBILITIES for approval by the Owner, Design Development Documents ARCHITECT'S CT consisting of drawings and other documents to fix and describe 1 .1 ARCHITECT'S SERVICES the size and character of the Project as to architectural, struo- ' _ rural, mechanical and electrical systems, materials and 'such 1 .1 .1 The Architect's services consist of those services per- Other elements as may be appropriate. formed by [he Architect, Architect's employees and Architect's 2,3.2 The Architect"shall advise the Owner of any adjustments " consultants as enumerated in Articles 2 and 3 of this Agreement to the preliminary estimate of Construction Cost. and any other services included in Article 12. ' 1 .1 .2 The Architect's services shall be performed as expedi- 4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the 2.4. Based on the approved Design Development ocu- Architect shall submit for the Owner's approval a schedule for menud any further adjustments in the scope or all of the performance of the Architect's services which maybe the Projec or in [he construction budget autho ed by the adjusted as the Project proceeds, and shall include allowances Owner, the further shall prepare, for approv y the Owner, for periods of time required for the Owner's review and for Construction Do menu consisting of Draw' gs and Specifica- approval of submissions by authorities having jurisdiction over tions setting forth detail the requirem is for the construc- the Project. Time limits established by this schedule approved cion of the Project. by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. - 2.4.2 The Architect shall ' t wner in the preparation of the necessary bidding inform n, bidding forms, the Condi- 1.1 .3 The services covered by this Agreement are subject to dons of the Contract, and fo of Agreement between the the time limitations contained in Subparagraph 11 .5.1. Owner and Contractor. 2.4.3 The Architec alladvise the Own of any adjustments ARTICLE 2 _ to previous pre ' inary estimates of Cons coon Cost indi- SCOPE OF ARCHITECT'S BASIC SERVICES cated by ch in requirements or general in et conditions. 2.4.4 T Architect shall assist the Owner inconn ion with 2.1 DEFINITION - Limited Services the ner's .responsibility for filing documents requ for Lin of 2.1 .1 The Architect's Basic Services consist of those described ear the P l niert governmental authorities having jurisdi 'on in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as pan of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. I 2.2 SCHEMATIC DESIGN PHASE 2.5.1 The Ing the O approval of the 2.2.1 The Architect shall review the program furnished b the Construction Doctunents ales[ preliminary estimate P B y of Construction Cos assist the in obtaining bids Owner to ascertain the requirements of the Project and shall negotia oposals and assist in awarding r g arrive at a mutual understanding of such requirements with the Crc for contractton. Owner. 2.2.2 The Architect shall provide a preliminary evaluation ofIM CONSTRUCTION PHASE—ADMINISTRATION the Owner's program, schedule and construction budget OF THE CONSTRUCTION CONTRACT requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2. 1 . 2.6.1 Th Architect's responsibility to provide Basi ervices or the Cons ction Phase under this Agreement mmences 2.2.3 The Architect shall review with the Owner alternative with the awar f the Contract for Construe n and termi- approaches to design and construction of the Project. nates at the earlie f the issuance to the net of the final 2.2.4 Based on the mutually agreed-upon program, schedule Certificate for Payme or 60 days afte e date of Substan- and construction budget requirements, the Architect shalt ial Completion of the ' rk. prepare, for approval by the Owner, Schematic Design Docu- 2.6.2 The Architect shall pro ' e administration of the Con- ments consisting of drawings and other documents illustrating tract for Construction as set r elow and in the edition of the scale and relationship of Project components. Alp Document A201 , G •ral Con ' 'ons of the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Construction, current of the date o is Agreement, unless estimate of Construction Cost based on current area, volume or otherwise provide this Agreement. . .. other unit costs. 2.6.3 Duties, sponsibilities and limitations of a ority of the • 2.3 DESIGN DEVELOPMENT PHASE Architect s not be restricted, modified or exten without written eement of the Owner and Architect with co em of 2.3.1 Based on the approved Schematic Design Documents the - ontractor, which consent shall not be unil ly and any adjustments authorized by the Owner in the program, held. - 'T All DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAe • © 1987 THEAMERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1887 2 WARNING: Unlicensed photocopying violates US. copyright taws and Is Subject to legal prosecution. 6.4 The Architect shall be a representative of and shall advise quantity of the Work, (2) reviewed construction means, meth consult with the Owner (1) during constnictioti until final ods, techniques, sequences or procedures, (3) reviewed copi pay ent to the Contractor is due, and (2) as an Additional Ser- of requisitions received from Subcontractors and material p-' • vice a the Owner's direction from time to time during the cor- -- pliers and other data iequested by the Owner to subs tiate rection eriod described in the Contract for Construction. The the Contractor's right to payment or (4) ascertained ho or for Architect 211 have authority to act on behalf of the Owner what purpose the Contractor has used money previ ly paid only to the tent provided in this Agreement unless otherwise on account of the Contract Sum. - modified by rit[en instrument. ' '. I - - >r: . 2.6.11 The Architect shall have authority to reje Work which 2.6.5 The 'Archi ct shall visit the site at intervals appropriate does not conform to the Contract Documen Whenever the to the stage of c stniction or as otherwise agreed by the Architect considers it necessary or advisab for implement a- Owner and Archite in writing to become generally familiar tion of the intent of the Contract Docume , the Architect will with the progress an liality of the Work completed and to have authority to require additional ins tion or testing of the determine in general if Work is being performed in a man- Work in accordance with the provisio of the Contract Docu- ner indicating that the Wo when completed will be in accor- mens, whether or not such Work s fabricated, installed or dance with the Contract uments. However, the Architect , completed. However, neither this thonly of the Architect nor shall not be required to make austive or continuous on-site a decision made in good faith eit er to exercise or not to exer- - inspections to check the quali r quantity of the Work. On cise such authority shall give r' to a duty or responsibility of the basis of on-site observations an architect, the Architect the Architect to the Contra r, Subcontractors, material and shall keep the Owner informed of a progress and quality of equipment suppliers, their gents or employees or other per- the Work, and shall endeavor to d the Owner against sons performing portion of the Work. . defects and deficiencies in the Work. (Alar¢ extensive site representation may be agreed to as an ditional Service, as 2.6.12 The Architect all review and approve or take other described in Paragrapb 3.2.) appropriate action on Contractor's submittals such as Shop Drawings, Produc ata and Samples, but only for the limited 2.6.6 The Architect shall not have control o or charge of purpose of the ing for conformance with information given and shall not be responsible for construction in , methods, and the deconcept expressed in the Contract Documents. techniques, sequences or procedures, or for safety recaudons The Archite 's action shall be taken with such reasonable and programs in connection with the Work, since ese are promptn as to cause no delay in the Work or in the con- solely the Contractor's responsibility under the Con ct for stmctio f the Owner or of separate contractors, while allow- . Construction. The Architect shall not be responsible the ing su tient time in the Architect's professional judgment to Contractor's schedules or failure to carry out the Work in a or- pe adequate review. Review of such submittals is not Con- dance with the Contract Documents. The Architect shalln t du ed for the purpose of determining the accuracy and com- • have control over or charge of acts or omissions of the Contrac- teness of other details such as dimensions and quantities or tor, Subcontractors, or their_ agents or employees, or of any or substantiating instructions for installation or performance of other persons performing portions of the Work. equipment or systems designed by the Contractor, all of which ¢main the responsibility of the Contractor to the extent 2.6.7 The Architect shall at all times have access to the Wo r uired by the Contract Documents. The Architects review wherever it is in preparation or progress. sh not constitute approval of safety precautions or, unless othe ise specifically stated by the Architect, of construction 2.6.8 Except as may otherwise be provided in the ntract means, methods, techniques, sequences or procedures. The Documents or when direct communications have en spe- Architec approval of a `specific item shall not indicate cially authorized, the Owner and Contractor shall c municate approval an assembly of which the item is a component. through the Architect. Communications by and th the Archi- When to ional certification of performance characteristics tett s consultants shall be through the Archite of materials, sy ems or equipment is required by the Contract 2.6.9 Based on the Architect's observatio and evaluations of Documents, the chitect shall be entitled to rely upon such the Contractor's Applications for Payme , the Architect shall • certification to es lish that the materials, systems or equip ment will meet the rformance criteria required by the Con- review and certify the amounts due Contractor. tract Documents. 2.6.10 The Architect's certificatio for payment shall consti- 2.6.13 The Architects repare Change Orders and Con- tute a representation to the Ow er, based on the Architect's struction Change Directives, with supporting documentation observations at the site as prov' ed in Subparagraph 2.6.5 and and data if deemed necessary the Architect as provided in on the data comprising the nImctor's Application for Pay- Subparagraphs 3. 1 . 1 and 3.3.3, r the Owner's approval and mens, that, co the best of e Architect's knowledge, informa- execution in accordance with the Contract Documents, ,and tion and belief, the Wor progressed.to the point indicated may authorize minor changes in th Work not involving an and the quality of W is in accordance with the Contract adjustment in the Contract Sum or an e erasion of the Contract Documents. The fo going representations are subject to an Time which are not inconsistent with the ten[ of the Contract evaluation of the lot for conformance with the Contract Documents. DocumenXations Substantial Completion, to results of subse- quent testpections, to minor deviations from the Con- 2.6.14 The Architect shall conduct inspectio to determine tract Doorrectable prior to completion and to spe- the date or dates of Substantial Completion and [h date of final cific qualiexpressed by the Architect. The issuance of a completion, shall receive and forward to the Ow er for the Certific for Payment shall further constitute a representation Owner's review and records written warranties an related that Contractor is entitled to payment in the amount certi- documents required by the Contract Documents and fie owever, the issuance of a Certificate for Payment shall bled by the Contractor, and shall issue a final Certificate fo ay n be a representation that the Architect has (1) made exhaus- ment upon compliance with the requirements of the Cont t ve or continuous on-site inspections to check the quality lot Documents. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAO • ©1987 3 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 6.15 The Architect shallinterpret and decide matters co 3.2.3 Through the observations by such Project Represen- t c ing performance of the Owner and Contractor under a tatives, the Architect shall endeavor to provide further protec- regd' ements of the Contract Documents on written req t of tion for the Owner against defects and deficiencies in the Work, either a Owner or Contractor. The Architect's resp rise to but the furnishing of such project representation shall not such re ests shall be made with reasonable prom ess and modify the rights, responsibilities or obligations of the Architect within an ime limits agreed upon. . ., as described elsewhere in this Agreement. 2.6. 6 Interp tations, and decisions of the itect shall be 3.3 CONTINGENT ADDITIONAL SERVICES , consistent with a intent of and reasonably ' ferable from the Contract Docume and shall be in wri ' or in the form of 3.3.1 Making revisions in Drawings, Specifications or other drawings. When m g such interpret ons and initial ded- documents when such revisions .are: - sions, the Architects endeavor It secure faithful perfor- mance by both Owner an Contract , shall not show partiality .1 inconsistent with approvals or instructions previously to either, and shall not be L le f results of interpretations or given by the Owner, including revisions made neces- decisions so rendered in goo th. sary by adjustments in the Owner's prograltt or Proj- 2.6.17 The Architect's deci ons IT matters relating to aesihe- eet budget; : . - . 1 1 tic effectshall be fmal if c siscent 'th the intent expressed in •2 required by the enactment or revision of codes, laws the Contract Doormen or regulations subsequent to the preparation of such e shall render writ[ decisions within a documents; or 2.6.18 The Archit reasonable time o all claims, disputes or o er matters in ques- .3 due to changes required as a result of the Owner's fail- tion between Owner and Contractor rely ' g to the execu- ure to render decisions in a timely manner. tion or pro of the Work as provided ' the Contract Documen . . 3.3.2 Providing services required because of significant 2.6.19 a Architect's decisions on claims, disput r other changes in the Project including, but not limited to, size, qual- matte , including those a sio question between the Ow r and ity, complexity, the Owner's schedule, or the method of bid- Ma ract n except for those relating to aesthetic effect and to- ding or negotiating and contracting for construction, except for v' ed in Subparagraph 2.6. 17, shall be subject to arbitratio services required under Subparagraph 5.2.5. rovided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings, Specifications and other documen- cation and supporting data, evaluating Contractors proposals, and providing other services in connection with Change • ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making 'subsequent 3.1 GENERAL revisions to Drawings, Specifications and other documentation resulting therefrom. 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 3.3.5 Providing consultation concerning replacement of Work be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur- addition to the compensation for Basic Services. The services nishing services required in connection with the replacement described under Paragraphs 3.2 and 3.4 shall only be provided of such Work. if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor, by major defects or deficiencies in the Work of the 3.3 are required due to circumstances beyond the Architect's Contractor, or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to cpm- Contractor under the Contract for Construction. mencing such services. If the Owner deems that such services described under Paragraph 3.3 are hot required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection indicates in writing that all or part of such Contingent Addi- with the Work. tional Services are not required, the Architect shall have no obli- 3.3.8 Providing services in connection with a, public hearing, gation to provide those services. I arbitration proceeding or legal proceeding except where the 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is parry thereto. SERVICES 3.3.9 Preparing documents for alternate, separate or sequential 3.2.1 If more extensive representation at the site than is bids or, providing services in connection with bidding, negotia- described in Subparagraph 2.6.5 is required, the Architect shall tion or construction prior to the completion of the Construc- provide one or more Project Representatives to assist in carry- tion Documents Phase. ing out such additional on-site responsibilities. ' 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- 3.4.1 Providing analyses of the Owner's needs and program- sated therefor as agreed by the Owner and Architect. The ming the requirements of the Project. • duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial feasibility or other special studies. Representatives shall be as described in the edition of AIA . . Document B352 current as of the date of this Agreement, unless 3.4.3 Providing planning surveys, site evaluations or com- otherwise agreed. parative studies of prospective sites. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION a AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1733 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1987 4 WARNING: Unlicensed photocopying violates U.S. copyright lavas and Is subject to legal ptosecutlon. rw .; 3.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget for , submissions required-for approvals ofgovemmenial authorities the Project, including the Construction Cost, the Owner's other • or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to future facilities, systems 4.3 If requested by the Architect, the Owner shall furnish evi- and equipment. dence that financial arrangements have been made to fulfill the 3.4.6 Providing services to investigate existing conditions or Owner's obligations under this Agreement. facilities or to make me9sured drawings thereof. 4.4 The Owner shall designate a representative authorized to 3.4.7 Providing services to verify the accuracy of drawings or act on the Owner's behalf with respect to the Project. The other information furnished by the Owner. . . Owner or such authorized representative shall render decisions Ina timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderly separate contractors or by the Owner's own forces and coordi- and sequential progress of the Architect's services. nation of, services required in connection with construction .1 performed and equipment supplied by the Owner. 4.5 The Owner shall furnish surveys describing physical 3.4.9 Providing services in connection with the work of acon- I characteristics, legal limitations and utility locations for the site ofthstruction manager or separate consultants retained by the surveys and legal Project, and written legal description of the site. The Owner suinformation shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. property and structures; adjacent drainage; rightsof-way, .. restrictions, easements, encroachments, zoning, deed restric- 3.4.11 Providing detailed quantity surveys or inventories of tions, boundaries and contours of the site; locations, dimen- material, equipment and labor, sions and necessary data pertaining to existing buildings, other 3.4.12 Providing analyses of owning and operating costs. unprovements and trees; and information concerning available - . utility services and lines, both public and private, 'above and 3.4.13 Providing interior design and other similar services below grade, including inverts and depths. All the information required for or in connection with the selection, procurement on the survey. shall be referenced to a Project, benchmark. or installation of furniture, furnishings and related equipment. 4.6 The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces. q 'veers when such services are requested by the Architect. Such 3.4.15 Making investigations, inventories of materials or' equip- services may include but are not limited to test borings, test ment, or valuations and detailed appraisals of existing facilities. pits, determinations of soil bearing values, percolation tests, . , . _ . . - evaluations of hazardous materials, ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show- tivity tests, including necessary operations for anticipating sub- ing significant changes in the Work made during construction soil conditions, with reports and appropriate professional based on marked-up prints, drawings and other data furnished recommendations. by the Contractor to the Architect. 4.6.1 The Owner shall furnish the services of other consul- 3.4.17 Providing assistance in the utilization of equipment or tants when such services are reasonably required by the scope systems such as testing, adjusting and balancing, preparation of of the Project and are requested by the Architect. - operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and 3.4.18 Providing services after issuance to the Owner of the other laboratory and environmental tests, inspections and final Certificate for Payment, or in the absence of a final Cer- reports required by law or the Contract Documents. tifica[e for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 4.8 The Owner shall furnish all legal, accounting and insurance 3.4.19 Providing services of consultants for other than arhi- counseling services as may be necessary at any time for the tectural, structural, mechanical and electrical engineering por- Project, including auditing services the Owner may require to tions of the Project provided as a par of Basic Services. verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner. - this Agreement or not customarily furnished in accordance . with generally accepted architectural practice. 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 Architectshall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 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 OWNER'SRESPONSIBILITIES the Project or nonconformance with the Contract Documents. 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements for the Project, including a program which shall requested of the Architect or Architect's consultants shall be • set forth the Owner's objectives, schedule, constraints and cri- submitted to the Architect for review and approval at least 14 teria, including space requirements and relationships, flexi- days prior to execution. The Owner shall not request cerifrca- bility, expandability, special equipment, systems and site tions that would require knowledge or services beyond the requirements. scope of this Agreement. AIA DOCUMENT 8141 a OWNER-ARCHITECT AGREEMENT a FOURTEENTH EDITION a AIAo • ©1987 5 B1411987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 5 .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or CONSTRUCTION COST .4 cooperate in revising the Project scope and quality as 5.1 DEFINITION required to reduce the Construction Cost. 5.1 .1 The Construction Cos[ shall be the total cost or esti- 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4; mated cost to the Owner of all elements of the Project designed the Architect, ' ' shall modify the Con- or specified by the Architect. tract Documents as necessary comply with the fixed limit, if established as a condition of this Agreement. The modification 5.1 .2 The Construction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fired limit. equipment designed, specified, selected or specially provided The Architect shall 'be entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced. ante for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 6 5.1 .3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, fmancing or other costs which are the respon- sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specifications and other documents pre- 5.2 RESPONSIBILITY FOR CONSTRUCTION COST pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budget, preliminary and, unless otherwise provided, the Architect shall be deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law, stmction Cost, if any, prepared by the Architect, represent the statutory and other reserved rights, including the copyright. Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies, including repro- the construction industry. It is recognized, however, that nei- ducible copies, of the Architects Drawings, Specifications and ther the Architect nor the Owner has control over the cos[ of other documents for information and reference in connection labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project. The Archi- of determining bid prices, or over competitive bidding, market tect's Drawings, Specifications or other documents shall not be or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects, for additions to and does not warrant or represent that bids or negotiated prices this Project or for completion of this Project by others, unless will not vary from the Owner's Project budget or from any the Architect is adjudged to be in default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen- to by the Architect. sation to the Architect. 5.2.2 No fixed limit of Construction Cost shall be established 6.2 Submission or distribution of documents to meet official as a condition of this Agreement by the furnishing, proposal or regulatory requirements or for similar purposes in connection establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in deroga- been agreed upon in writing and signed by the parties hereto. If tion of the Architect's reserved rights. 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, com- ponent 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 Docu- ARBITRATION -" ments alternate bids to adjust the Construction Cost to the fired limit. Fixed limits, if any, shall be increased in the amount of an 7 1 Claim , ispute5 or other matters in question ween the increase in the Contract Sum occurring after execution of the parties to this reement arising out of or relatin o this Agree- Con[ract for Construction. men[ or breach t reof shall be subject to an decided by arbi- 5.2.3 If the Bidding or Negotiation Phase has not commenced tration in accordan with the ConstructIndustry Arbitra- within 90 days after the Architect submits the Construction tion Rules of the Ame an Arbitration sociation currently in Documents to the Owner, any Project budge[ or fixed limit of effect unless the parties tually a e otherwise. Construction Cost shaft be adjusted to reflect changes in the 7.2 Demand for arbitration s be filed in writing with the general level of prices in the construction industry between the other patty to this Agreeme with the American Arbitra- date of submission of the Construction Documents to the tion Association. A dem for arbit tion shall be made within Owner and the date on which proposals are sought. a reasonable time afte the claim, dis [e or other matter in 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question has arisenno event shaft the and for arbitration vided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after t date when institution o gal or equitable fide bid or negotiated proposal, the Owner shall: proceedings ed on such claim, dispute or her matter in • .1 give written approval of an increase in such fired question w d be barred by the applicable statutes limitations. mit; 7.3 N arbitration arising out of or relating to this A ment .2 authorize rebidding or renegotiating of the Project sh include, by consolidation, joinder or in any other m er. within a reasonable time; additional person or entity not a parry to this Agreeme AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH Er MON • AIA° • © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., W SHINGTON, D.C. 20006 B1 41-1967 6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ept by written consent containing a specific referent .2 Ten percent of the total compensation for Basic and this Bement signed by the Owner, Architect, and . other Additional Services earned to date if termination person o mity sought to be joined. Consent t bitration occurs during the Design Development Phase; or involving an di[ional person or entity sh of constitute .3 Five percent of the total compensation for Basic and consent to arbitra n of any claim, disp or other matter in Additional Services earned to date if termination question not describe the written nsent or with a person occurs during any subsequent phase. or entity not named or des 'bed erein. The foregoing agree- an gree- - ment cc arbitrate and other eements to arbitrate with an additional person or enti , duly cc ecited to by the parties to ARTICLE 9 this Agreement shall specifically en ceable in accordance with applicable in any court having ju iction thereof. MISCELLANEOUS PROVISIONS 7.4 The and rendered by the arbitrator or arbitr rs shall be final d judgment may be entered upon it in actor with 9.1 Unless otherwise provided, this Agreement shall be gov- licable law in any court having jurisdiction thereof. emed by the law of the principal place of business of the it Architect. 9.2 Terms in this Agreement shall have the same meaning as ARTICLE 8 those in AIA Document A201 , General Conditions of the Con- tract for Construction, current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties to this Agreement , 8.1 This Agreement may be terminated by either party upon pertaining to acts or failures to act shall be deemed to have not less than seven days' written notice should the other party accrued and the applicable statutes of limitations shall com- fail substantially to perform in accordance with the terms of this mence to run not later than either the date of Substantial Com- - Agreement through no fault of the party initiating the termination. Completion, for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for 8.2 If the Project is suspended by the Owner for more than 30 Pavment for acts or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for ser- Completion. vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi- 9.4 The Owner and Architect waive all rights against each [ably adjusted to provide for expenses incurred in the interrup- ocher and against the contractors, consultants, agents and tion and resumption of the Architects services. employees of the other for damages, but only to the extent cov- ered by property insurance during construction, except such 8.3 This Agreement may be terminated by the Owner upon rights as they may have to the proceeds of such insurance as set not less. than seven days' written notice to the Architect in the forth in the edition of AIA Document A201 , General Conditions event that the Project is permanently abandoned. If the Project of the Contract for Construction, current as of the date of this is abandoned by the Owner for more than 90 consecutive days, Agreement. The Owner and Architect each shall require similar the Architect may terminate this Agreement by giving written waivers from their contractors, consultants and agents. notice. 9.5 The Owner and Architect. respectively. bind themselves. 8.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agreement shall be considered substantial the other party to this Agreement and to the partners, succes- nonperformance and cause for termination. sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor 8.5 If the Owner fails to make payment when due the Archi- Architect shall assign this Agreement without the written con- tect for services and expenses, the Architect may, upon seven sent of the ocher. days' written notice to the Owner, suspend performance of set- vices under this Agreement. Unless payment in full is received 9.6 This Agreement represents the entire and integrated agree- bv the Architect within seven dans of the date of the notice, the ment between the Owner and Architect and supersedes all suspension shall take effect without further notice. In the event 'prior negotiations, representations or agreements, either writ- of a suspension of services, the Architect shall have no liability ten or oral. This Agreement may be amended only by written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services.. 9,7 Nothing contained in this Agreement shall create a contmc- 8.6 In the event of termination not the fault of the Architect, tual relationship with or a cause of action in favor of a third the Architect shall be compensated for services performed prior party against either the Owner or Architect. to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.77 . 9.8 Unless otherwise provided in this Agreement. the Architect and Architect's consultants shall have no responsibility for the 8.7 Termination Expenses are in addition to compensation for discovery, presence, handling, removal or disposal of or expo- Basic and Additional Services, and include expenses which are sure of persons to hazardous materials in any form at the Project directly attributable to termination. Termination Expenses shall site, including but not limited to asbestos. asbestos products. be computed as a percentage of the total compensation for polychlorinated biphenyl (PCB) or other toxic substances. Basic Services and Additional Services eamed to the time of ter- mination, as follows: 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the .1 Twenty percent of the total compensation for Basic exterior and interior, among the Architect's promotional and • and Additional Services earned to date if termination professional materials. The Architect's materials shall not occurs before or during the predesign, site analysis, or include the Owner's confidential or proprietary information if Schematic Design Phases; or the Owner has previously advised the Architect in writing of AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA' • Oc 1987 7 8141 -1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. )(M06 WARNING: Unlicensed photocopying violates U.S. copyright laws and is sublect to legal prosecution. li4 the specific information considered by the Owner to be confr- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- 10.3.1 An initial payment as set forth in Paragraph 11 . 1 is the motional materials for the Project. 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 ser- ARTICLE 10 vices performed within each phase of service, on the basis set forth in Subparagraph 11 .2.2 . PAYMENTS TO THE ARCHITECT 10.3.3 If and to the extent that the time initially established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11 .5. 1 of this Agreement is exceeded or extended through no fault of, the Architect, compensation for any ser- 10.1 .1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall be salaries of the Architect's personnel engaged on the Project and computed in the manner set forth in Subparagraph 11 .3.2. the portion of the cost of their mandatory and customary con- . 10.3.4 When compensation is based on a percentage of Con- tributions and benefits related [hereto, such as employment struction Cost and any portions of the Project are deleted or Con- taxes and other statutory employee benefits, insurance, sick otherwise not constructed, compensation for those portions of leave, holidays, vacations, pensions and similar contributions the Project shall be payable to the extent sen-ices are Br- and benefits. formed on those portions, in accordance with the schedule set 10.2 REIMBURSABLE EXPENSES 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 10.2.1 Reimbursable Expenses are in addition to compensa- received, the most recent preliminary estimate of Construction tion for Basic and Additional Services and include expenses Cost or detailed estimate of Construction Cost for such por- incurred by the Architect and Architect's employees and con- [ions of the Project. sultants in the interest of the Project, as identified in the follow- 10,4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses. SERVICES 10.2.1 .1 Expense of transportation in connection with the 10.4.1 Pavmems on account of the Architect's Additional Project; expenses in connection with authorized out-of-town Services and for Reimbursable Expenses shall be made monthly travel: long-distance communications; and fees paid for secur- upon presentation of the Architect's statement of services ren- ing approval of authorities having jurisdiction over the Project. tiered or expenses incurred. 10.2.1 .2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD Drawings, Specifications and other documents. 10.5.1 No deductions shall be made from the Architect's com- 10.2.1 .3 If authorized in advance by the Owner, expense of pensation on account of penalty. liquidated damages or other overtime work requiring higher than regular rares' sums withheld from payments to contractors, or on account of 10.2.1 .4 Expense of renderings, models and mock-ups requested the cos[ of changes in the Work other than those for which the by the Owner. Architect has been found to be liable. 10.2.1 .5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the Owner in excess of that normalh• carried by the Architect and 10.6.1 Records of Reimbursable Expenses and expenses per- Architect'5 er-Architect's consultants. taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- 10.2.1 .6 Expense of computer-aided design and drafting able to the Owner or the Owner's authorized representative at equipment time when used in connection with the Project. mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 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, inultiples or percenhrgm and ideneyy phases to which particular me2satr of cumprneaion apph . it necessary.) • See Article 12 AIA DOCUMENT B141 • OWNER ARCHITECT AGREEMENT • FOURTEENTH EDITION • AI0 • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W. WASHINGTON. D.C. '_Olulb 8141 -1987 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. f . 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: (lnsert additional phases as appropriate.) See Article 12 Limited Services : Schematic Design Phase; - percent (15 %) a Design Development Phase: percent (2 0 %) . )CRWatl®0n0CKUC0MtxR1thlxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxKXlc n:(xxk6a JDdEllK8=,NsgntdaaCnftass:xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx �PctxaMt KXft )C3incxtsdanRbasxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx )percaste(xxft 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 com- puted as follows: - See Article 12 For other representation not stated : Hourly at a multiple of two and three fourths ( 2 . 75 ) times employee ' s 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: thisert basis of compensation. including rates mM/ar multiples of Direct Personnel ExpenseJor Principals and employees. coal identify 1winipals acrd classfi employees. if required! Identify specific .serrices to trbich particular meliods of mmpensatloar al)Pk if necessan.) See Article 12 For other services not stated : Hourly at a multiple of two and three fourths ( 2 . 75 ) times employee ' s 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 quarter ( 1 . 2 5 ) times the amounts billed to the Architect for such services. (identify speafic 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 o ii e ( 1 . 0 ) tines the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. E s t i ma t o f o r " o u t — o f- s t a t e " c o n s u l t a n t e11xp9enALA)IT10NtA���i�S�ISIONS5 , 000 . 00 • Articlee10 . 2 general expenses per 11 .5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twenty — four ( 24 ) months of the date hereof, through no fault of the Archirect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11 .32. 11 .5.2 Payments are due and payable t h i r t y ( 30 ) days from the date of the Architect's invoice. 7fl141H176r46sIG74PWMxxxxxxxxxxxxxxxx(xxxxxJtdaxsxitusptallaya fxtahex=iEn =d:br-fonxor xxdm4bxegac9( kztftkg* Wxg 100Zfl tbx )6[€h1IC%Kxxxxxx • (lnsert rate of interest agreed upon.) (Usury taus and requirements under the Federal Trurb in Lending Act. similar state and local consumer credit taros arrdo(her regulaiians at the Oumer sandAmbi- tect's principal places of business. the location of the Project and elsewhere may affect the validity of this pmrision. specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as aTuren dtsclos res or if awed.) AIA DOCUMENT 0141 a OWNER-ARCHITECT AGREEMENT a FOURTEENTH EDITION a AIAe a © 1997 9 8141-1987 THEAMERICAN INSTITUTEOF ARCHITECTS. 1735 NEWYORKAVENUE, N.W., WASHINGTON. D.C. 201)1Ni WARNING: unlicensed photocopying violates U.S. copyright lavas and is subject to legal prosecution.