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HomeMy WebLinkAbout1999-03-08 - Agendas - Final • MEETING NOTICE The Advertising and Promotion Commission will meet on Monday, March 8, 1999, at 2:00 p.m. at the City Hall Council Chambers. ADVERTISING AND PROMOTION COMMISSION March 8, 1999 2 :00 p.m. City Hall Council Chambers I Call to Order A. Appointment of Commissioner — term expiring 4/1/2003 II. Reports A. Approval of Minutes for February 15 B. Financial Report C. Convention and Visitor Activity - Marilyn Johnson D. Blackwood/Martin/CJRW Report III. Old Business A. Town Center • 1 . Large Scale Development approved by Planning Commission 2. Construction Manager for School District IV. New Business V. Adjourn Informational Items — Trolley Operations Report Letter from Phillip Steele regarding Brown Grocery Store • • GROUP: ADVERTISING & PROMOTION COMMISSION DATE: February 15, 1999 PRESENT: Joe Fennel, Fred Hanna, Alex Jerde, Curtis Shipley, Jim Waselues, and Marilyn Johnson ABSENT: Heather Daniel and Carl Maguire The regular meeting of the Advertising and Promotion Commission was called to order at the Chamber of Commerce at 2:00 p.m. by Chairman Joe Fennel. MINUTES Moved by Shipley, second by Hanna to approve the minutes of the January 11 meeting. Motion carried. FINANCIAL REPORT Brian Swain presented the financial report. Expenses in January were $51 ,888, including first quarter payments to the Air Museum and Chamber of Commerce. Collections for January were $89, 125, up 8.48% over last January. • Moved by Shipley, second by Jerde to approve the financial report. Motion carried. CONVENTION AND VISITOR DEVELOPMENT REPORT Marilyn Johnson reviewed activity report in agenda packet. She has worked with five conventions during the month. She announced that Fayetteville had landed the AAAAA state basketball championships, the regional soccer championship, the first Annual Day of Champions (baseball and softball), and the state cross country meet. Marilyn represented Fayetteville at the Tulsa Boat, Sport and Travel show. The Town center passed the technical plat review and will now go to the planning commission level. Southern Living has done an article called "Down on Dickson Street". ADVERTISING AGENCY REPORT Susan Stirewalt reported that inquiries are down in January but those are leftovers from last year's advertising. They are looking at website options. OLD BUSINESS TOWN CENTER Richard Alderman reported that the drawings are 50% complete. They have 4-6 weeks left in the schedule to finish the drawings. • Meetings with the subcommittee on kitchen and related issues will be scheduled. The large scale technical plat review of the Town Center went okay. The Planning • Commission subdivision committee expressed some concern over the building review. He feels that their questions will be answered with larger drawings with more detail in the Planning Commission Agenda meeting. He will bring the model for the commissioners to look at as well as materials samples. Richard is confident that the building meets the commercial design standards but will wait until Monday and see what the Commissioners say. Commissioners discussed options for project manager, construction manager and agent for the owner. The Mayor said the City was working on displaced parking during construction and indicated that they just needed to know what was required regarding street closure for construction and the City would cooperate. Marilyn was requested to work with the City Personnel Director on job descriptions, salary ranges, and qualifications. NEW BUSINESS None There being no further business, the meeting was adjourned. • Respectfully submitted, Marilyn Johnson Director, Convention and Visitor Development • City of Fayetteville, Arkansas Monthly HMR Tax Collections 1997-1999 • 1997 1998 1998 1999 1999 Total Total Change Over Total Change Over HMR Taxes HMR Taxes Prior Year HMR Taxes Prior Year January $ 73,809 $ 82,157 11 .31 % $ 895125 8.48% February 73,099 83,759 14.58% 88,757 5.97% March 76,808 80,815 5.22% 0 April 88,050 89,603 1 .76% 0 May 87,221 97,309 11 .57% 0 June 84,417 985318 16.47% 0 July 79,784 94,621 18.60% 0 August 84,099 91 ,336 8.61 % 0 September 82,984 93,903 13.16% 0 October 95,030 95,649 0.65% 0 November 88, 147 98,784 12.07% 0 December 795492 88,266 11 .04% 0 • Total $ 992,939 $ 11094,521 10.23% $ 177,882 7.21% FMR Tax Collections By Month 120 100 80 a m 060 40 20 0 AH , IF I I I I oil I I I I P January February March April May June July August September October November December 17 1997 ® 1998 =999 • \HMRTAX Advertising & Promotion Commission Financial Report - Expenditures For the Month Ending February 28, 1999 • 1999 YTD February Budget Item Budget Expenses Remaining_ Expenses 800 Telephone Number (Chamber of Commerce) $ 10,000 $ 21500 $ 7,500 $ 25500 Audit Expense 150 150 Brochure Development 17,000 17,000 Chamber of Commerce Operations Contract 100,000 50,000 50,000 Collection Expense - City of Fayetteville 22,500 3,558 18,942 10775 Convention Support 65000 6,000 Public Notification (BMA Contract) 232,375 9,226 2232149 9,226 Town Center Architectural Services 269,289 30,383 238,906 30,383 Town Center Equipment & Furnishings 100,000 100,000 Town Center Marketing Manager (Salary/Expenses) 21 ,240 212240 Special Projects AAAAA State Basketball Tournament 31200 3,200 Air Museum 32,000 89000 249000 Annual Champions Day (State High School Championshi 3,000 3,000 Ark. High School Baseball Coaches All-Star Game 800 800 Ark. Overall High School Baseball Finals 0 0 Ark. State Boys Golf Tournament 0 0 • Ark. State High School Cross Country Championships 1 ,200 1 ,200 Basketball Congress Int. State Basketball Tournament 800 800 Botantical Garden Society - Master Plan 81000 8,000 Fay. Public Library Genealogical Collection 21 ,094 21 ,094 First Night 9,800 9,800 Gary Hampton Memorial Tournament 1 ,600 1 ,600 HAWKS AAU Basketball Tournament 1 ,600 1 ,600 Holiday Hoops 9,600 9,600 Joe Martin Memorial Stage Race 960 960 North Arkansas Symphony Society 1 ,248 1 ,248 Ozark Classic Cup XVI Soccer Tournament 2,160 21160 Razorback SAMS 31480 3,480 Square Gardens 16,375 1 ,864 14,511 11739 Trolley Operations 20,000 2,532 17,468 Univ. of Arkansas Museum 5,724 5,724 Walton Arts Center - Brochures 1 ,200 11200 Washington County Historical Society - Roof Repl. 10,400 10,400 Wood Bat Classic 800 800 Subtotal Special Projects 155,041 12,396 142,645 1 ,739 • TOTAL USES $ 933)595 $ 1082063 $ 825,532 $ 45,623 M&PEXP99 • ACTIVITY REPORT FEBRUARY, 1999 INQUIRY RESPONSES February 1999 Tourist - 390 1999 Year to Date — 556 February 1998 Tourist - 291 1998 Year to Date — 481 February 1999 Advertising Response — 303 1999 Year to Date — 558 February 1998 Advertising Response — 357 1998 Year to Date — 741 February 1999 Relocation — 113 1999 Year to Date — 242 February 1998 Relocation — 128 1998 Year to Date — 279 February 1999 Total Inquiries — 806 February 1998 Total Inquiries — 776 Year to Date Total Inquiries 1999 — 1356 Year to Date Total Inquiries 1998 — 1501 CONVENTION ACTIVITY • Conventions — Reunion 2000 meeting Tourist Activities - Hospitality in a Heartbeat class — Credit Counseling of Arkansas Great Race organizational meeting Town Center - Subdivision Committee Meeting Planning Commission Agenda Session Planning Commissin meeting Miscellaneous — A & P Roundtable — Little Rock Chamber of Commerce Business After Hours Northwest Arkansas Alumni meeting Arkansas Festival Association workshop — Pine Bluff Alumni Association dinner Northwest Arkansas Home Show Arkansas Society of Association Executives — Little Rock Jaycees Top Five Press Conference Northwest Arkansas Legislative Day — Little Rock Media Relations - NATA Advertising Committee Northwest Arkansas Times tourism article — Sarah Fisher • • Top HMR Collections — February Hilton Clarion Red Lobster Jose's Ryan' s A.Q. Chicken Chili' s Applebee' s Rio Bravo Kisor' s Kentucky Fried Chicken McDonald's 50's • • • ADVERTISING INQUIRIES - 1999 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL Tourist ACW 1 1 2 AY 0 BH 18 28 46 CWT 0 FC 4 4 HT 70 70 H&A 0 MC 0 ML 104 104 MVGITMG 0 NATA 45 167 212 OK 21 21 SL 43 33 76 SMI 0 TA 12 12 TM 7 4 11 USA 0 Meetings SM 0 TOTAL 255 303 0 0 0 0 0 0 0 0 0 0 558 • ACW-Am. Civil War BH-Better Homes & Gardens CWT-Civil War Times D-D Magazine FC-Family Circle HT-Historic Traveler H&A-Home and Away MC-Mccal Is ML-Midwest Living MVG-Midwest Vacation NG-Nall Geog Traveler NTG-NATA OK-Oklahoma Today SL-Southern Living SMI-State Mag. Insert SM-Successful Meetings SV-Summer Vacation TA-Travel America TJ-Texas Journal • • Advertising Inquiries by State - February, 1999 ACW BHG HT NATE SL TM TOTAL AL 1 1 2 AK 0 AZ 1 2 3 AR 1 1 17 1 20 CA 2 8 7 17 CO 2 2 4 CT 1 1 DE 1 1 DC 0 FL 1 5 4 10 GA 2 3 5 HI 0 ID 1 1 IL 1 16 1 18 IN 1 2 3 IA 2 1 10 13 KS 2 5 7 KY 1 1 1 3 LA 2 8 3 13 ME 1 1 MD 2 3 1 6 MA 1 2 3 MI 3 9 12 MN 6 6 MS 3 2 5 • MO 3 1 5 9 MT 1 2 3 NE 3 3 NV 0 NH 0 NJ 4 1 5 NM 5 5 NY 2 13 1 16 NC 1 3 4 ND 0 OH 2 1 3 1 7 OK 1 6 2 9 OR 2 3 5 PA 1 5 1 7 RI 0 Sc 1 3 3 7 SD 1 1 TN 2 1 3 1 7 TX 1 5 16 6 4 32 UT 1 1 2 VT 0 VA 1 1 2 2 6 WA 3 3 WV 1 1 WI 1 2 11 14 WY 0 APO 0 CAN 1 1 • FOR 2 2 TOTAI 1 28 70 167 33 4 303 ADVERTISING INQUIRIES BY STATE - 1999 . JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC Tourist Reloo TOTAL AL 2 2 4 AK 0 0 0 AZ 1 3 4 AR 7 20 27 CA 14 17 31 CO 1 4 5 CT 0 1 1 DE 0 1 1 DC 0 0 0 FL 8 10 18 GA 4 5 9 HI 1 0 1 ID 0 1 1 IL 24 18 42 IN 11 3 14 IA 7 13 20 KS 6 7 13 KY 4 3 7 LA 8 13 21 ME 0 1 1 MD 3 6 9 MA 3 3 6 MI 13 12 25 MN 10 6 16 MS 4 5 9 MO 16 9 25 MT 1 3 4 NE 4 3 7 NV 0 0 0 NH 0 0 0 NJ 0 5 5 NM 1 5 6 NY 5 16 21 NC 5 4 9 • NO 0 0 0 OH 14 7 21 OK 23 9 32 OR 2 5 7 PA 4 7 11 RI 0 0 0 Sc 3 7 10 SD 1 1 2 TN 3 7 10 TX 20 32 52 UT 1 2 3 VT 0 0 0 VA 1 6 7 WA 2 3 5 WV 2 1 3 WI 14 14 26 WY 0 0 0 APO 0 0 0 CAN 0 1 1 FOR 2 2 4 TOTAI 255 303 0 0 0 0 0 0 0 0 0 0 558 • Tourist Inquiries 11999 1 Jan Feb Mar Apr IMay Jun Jul Aug Sep Oct Nov Dec ITOTAL AL 3 2 5 AK 1 1 AZ 2 1 3 AR 46 —47F- 93 CA 6 111 17 CO 3 i 3 CT 1 11 2 DE 1 1 DC 0 FL 4 2 6 GA 1 4 5 HI 0 ID 0 IL 11 8 19 IN 3 2 5 IA 2 4 6 KS 7 10 17 KY 1 1 LA 4 101 1 14 ME I 0 MD 1 2 3 MA 0 MI 4 71 11 MN 6 21 8 MS 21 4 6 MO 61 20 26 • MT 3 3 NE 21 2 4 NV 11 1 1 1 12 NH 1 I I I I I 1 NJ I 1 1 NM 1 1 2 NY 1 21 2 NC 1 21 2 ND I 11 1 OH 1 31 51 1 8 OK 111 181 29 oR 11 1 2 PA 1 3 I 4 PR I a RI I7 1 I 1 so I I 0 SD a TN 2 4 6 TX 19 39 58 UT 2 2 VT 1 0 VA 1 21 2 wW 21 21 I 4 WV 1 1 WI 1 1 WY I 0 APO 0 CAN I I 2 2 • c FOR I I I I 390 1 1661 2241 01 01 0 0 0 0 0 0 0 0 390 RELOCATION INQUIRIES 1999 I I I I Jan IFeb IMar Apr May June July Aug Sep Oct INov Dec TOTAL AL 3 3 AK o • AZ 5 -- 5F-- 10 AR 21 161 37 CA 9 7 16 CO 3 2 5 CT 1 21 3 DE 0 DC o FL 6 31 9 GA 3 11 4 HI I 0 ID 10 IL 5 61 1 11 IN 1 11 2 IA 4 21 6 KS 1 21 3 KY 3 1 3 LA 1 31 4 ME 1 1 1 MD 1 ? 3 MA 1 1 MI 7 4 11 MN 2 5 7 MS 1 2 3 MO 3 5 8 MT 1 1 NE 1 1 NV 3 1 1 4 • NH 1 1 NJ 1 1 NM 2 11 3 NY 21 2 NC 1 11 2 ND 10 OH 6 71 13 OK 5 41 9 OR 2 2 PA 0 PR 0 RI 0 SC 0 SD 2 2 TN 4 5 9 TX 17 10 27 UT 1 1 VT 1 1 VA 1 1 WA4 4 WV 1 1 2 WI 2 3 5 WY 0 APO 1 1 CAN 0 242 TOTAL —12-9 -11-3- 0 0 0 0 D 0 0 0 0 0 242 • FAYETTEVI LLE • THE CITY OF FAYETTEVILLE, ARKANSAS February 25, 1999 Mr. Richard Alderman WD&D Architects 100 West Center, Suite 102 Fayetteville, AR 72701 City of Fayetteville Advertising and Promotion Commission 113 West Mountain Fayetteville, AR 72701 Ladies and Gentlemen: • Enclosed please find a copy of the minutes of the Planning Commission meeting of February 22, 1999. This is your official notification that your large scale development was approved by the Planning Commission. Congratulations and Good Luck, Jan Johns Sr. Secretary Planning Department. • 117 WEST MOUNTAIN 72701 501 .521-7700 FAX 501-575-8257 • Minutes of Planning Commission February 22, 1999 ` Page 25 - LSD99-2 LARGE SCALE DEVELOPMENT TOWN CENTER, pp523 This item was submitted by Richard Alderman of WD&D Architects on behalf of the City of Fayetteville for property located south of Mountain Street, west of East Avenue, north of Rock -' Street and east of Block Street. The property is zoned C-3 , Downtown Commercial, and contains approximately 1 . 11 acres. Staff recommended approval subject to the following conditions: 1 . Planning Commission determination of compliance with Commercial Design Standards. 2 . All Plat Review and Subdivision comments. J . Staff approval of final detailed plans, specifications, and calculations for grading, drainage, water, sewer, fire protection, street, sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and • approval. All improvements shall comply with the City' s current requirements. 4 . Large Scale Development approval is to be valid for one calendar year. 5 . Prior to the issuance of a building permit the following is required : a. Grading and drainage permits b. Separate easement plat for this project. C. Completion of all required improvements or the placement of a surety with the City. Further, all improvements necessary to serve the site and protect public safety must be completed, notjust guaranteed , prior to the issuance of a Certificate of Occupancy. Richard Alderman was present on behalf of the project. Commission Discussion Odom : Are there any further conditions of approval? Petrie: No, sir. • Odom: I will ask Mr. Alderman to make his presentation at this time. • Minutes of Planning Commission February 22, 1999 Palle 26 . r\lderman: ' ' We are here today and the last two issues are to go through the planning process and to bid the job. We've been working on this about 3 years. It has been a long process. We have worked very hard to try to create a project that fits into the Fayetteville area. It has met all the technical requirements that you have asked for. It has a plaza in it that is an extension of the downtown square. It has a tower that recalls other towers that are in the City of Fayetteville, "such as the way the court house works and the other churches that work on axises. It has terraces and setbacks. Due to the comments that were asked for at a few of the last meetings, we have added landscaping to both Block Street and East Street. We worked with Charlie Venable and Kim Hesse, the Landscape Administrator, to add that extra detail to the work and tried to comply with all their requirements. I also tried to write a letter for you to give you more information on the detail that is in the facade of the building and the way we have setbacks on the parking deck levels and different materials and where we are trying to spend our budget on upgrading materials as best we can. That being said, I am here with the model and I have other drawings and things to go along with that and I ' m here to answer any questions that you might have. Odom: Do you have any questions or comments about the conditions of approval? They are all fairly standard . • Alderman : We have no problems with the conditions of approval . Public Comment .Teff Erf residing at 2711 Woodcliff inquired regarding the parking spaces. Alderman: We have 220 in the parking deck. We have replaced the existing 31 spaces that were surfaced with 31 spaces. There are a total of 250 total parking spaces. We are taking out 4 of the parking spaces from the side street to provide for landscaping. There is a possibility that we will take deductive alternates to parking and we would conte back for a parking variance. One alternative that we have talked about are some of the lots across the street, we could take advantage of using sone of those parking places with a shared parking agreement and if we do because of the budget have to ask for that, we will come back with the shared parking agreement. Estes: Are you talking about the parking spaces on the south side of Rock Street? Alderman: Yes. Estes: Are those lease spaces? Alderman: I believe those are owned by one of the banks and also a private individual. We • have contacted both of them now. This is only in the case that for some reason, we would have to come back. • Minutes of Planning Commission February 22, 1999 -" `A'ut 'Murphy-represeitting Friends for Fayetteville spoke in support of the project and encouraged the Planning Commission to hold firm on design standards. Jim Bemus further inquired regarding the parking net increase and maintenance. -' "` `Alderman:- If you are talking about taking the 80 surface parking spaces that were there, we have 220, so there is a net increase of 140. Further Commission Discussion Hoffman: I was not at the Subdivision Committee at which the commercial design standards were discussed and I don' t want to rehash old ground . I would like to bring up a couple of observations about this building. This is going to be something that the citizens of Fayetteville will live with and be with for many, many years to come. It is my opinion that there is not sufficient detailing on the upper level and it does appear to be very plain and box like is the word used in our commercial design standards. My other concern is as a pedestrian walking by three sides of the building and they will be looking directly down into the parking garage into cars that are not screened in some manner from the sidewalk. I understand that there will be a guard rail • but not anything decorative. The budget constraints -- I know that you have had lots and lots of meetings that this has been discussed and rediscussed. I ' m not trying to reinvent the wheel but I feel like I need to raise these concerns at this level . Alderman: I did try to give you more information on the fact that the upper level of the building is going to.have reveals. We are going to have predominately glass area all around. We have added accent colors and recesses to try and make that look as much like a stone type facade as we can. I brought some materials to go over that if we want to get into that a little bit more. As far as, the parking deck goes, again, instead of doing the 2 feet wide parking deck tinker toy type project if you' ve seen that everywhere. We have widened the columns out. We made them 6 to 8 feet wide. We put heavy rustifications in there. We are going to have precast concrete separator areas for the bumpers or the guard rails in there and we have recessed those areas back. I think we' ve tried to put a lot of details and alternate materials or two or three types of materials together to create more depth for all of the parts of the facades. The budget is not an excuse for not doing a nice building and I think we have done a nice building. We have provided a tower for the main entrance. We're talking about brick substantially on most of the building the first 12 feet all the way around. We' re using stone and precast detailing on all the� entrances. We're using a lot of accent materials and nice materials. The tower has two or three different types of glass on it to make it a very lighted interesting addition to the square using the plaza. I think we have gone and done a lot. We've also, on the back side to help the parking deck, created that stair that comes down and added the brick that comes all the way down to the ground back there • on Rock Street so that it breaks up the facade of the parking deck and tries to give it additional detailing. We've added the additional landscaping throughout and put in trees and that is • Minutes of Planning Commission February 22, 1999 — probably inose trees than has ever been down on that side of the square before. I think we have done a lot of things and created a lot of issues and if you look at the model, you' ll see that it has set backs in it and different levels. It' s not just one piece. It has set backs and terraces and lots of extra handrails and other materials to try to really do the details that you asked for in the commercial design standards. In fact, one picture that I remember in the commercial design -` sfandaids is the tower on the corner. This building, I think, could actually be put in there as an example of what it requires us to do. I think we have tried very hard to do that. I will say that there are some limitations but I think we worked with those limitations very much to try and make it meet the requirements. Hoover: I would like to go over the materials. Do you have the material board? Alderman: Yes. Hoover: Would you explain the ones on the parking deck? Alderman : (Mr. Alderman explained the site plan --) Here would be the square, Mountain Street, Block Street, East Street, Rock Street. These are the existing buildings on the south side. • This is the south side building. Tim 's Pizza is right here. This is what they call Executive Square. We have taken that surface parking lot that is there right now and that becomes the plaza. Those 31 parking places that are there have been pushed down there underneath that and you have the plaza on top of that. That creates the extension to the square and gives us this access that runs all the way through the project and makes this tower element our main entry into the building and then you have the main hall that runs this way, out the back, and down that stair in the back that I was talking about. We' re using that extra relief on the face of the building. This area, right here, is the main floor plan of the building and this area is the top or terrace area so that is where you see the set back here between the main parking deck and the main part of the building. It is terrace all the way around . That allows people on the square to be able to walk and they don' t have to go in the building to walk all the way around and be up high where they can take advantage of the views on the south side. This is a wonderfel view of the south. Using terraces all the way along the back side and it will be up at about the corner where the existing walkway on the south side of the building is about 15 feet about the ground and it will be at that same elevation to take advantage of those fantastic views all the way out there. So, that' s a very nice public amenity. As far as material wise, if we're talking about the parking deck itself, it is basically concrete. It will have a decorative thorough coat for more detail. That' s a type of finish on it. It will have heavy rustifications through it to create more depth. Instead of this being a 2 feet column, we have widened those out and then we have recessed inside that all of the guard rail and the edge of the slab. If you go all the way around the building, you will see a more building like look by the way this was done with the trees and the precast railings are all pushed • back in about 1 foot so that there is recess and detail. That is going to be painted an alternate accent color and there will actually be precast which will be the third material for detail to the • Minutes of Planning Commission February 22, 1999 _- - _ guard fails. Hoover: What are the columns out of? Alderman: Concrete. Hoover: They are solid concrete. So everything in the parking garage -- Alderman: This will be concrete that is painted different colors and this will be precast. I think the railing being precast will give us another material so it will have more detail . We' re also talking about putting a handrail across the top which will be metal and will be painted and round to add more detail . We will also have the reveals and the rustifications throughout that. When you get up to the main part of the building, we have brick up 12 feet covered by canopies and the glazed canopy entrance over the building will have the main entrances and the tower will have the stone at the bases and precast along here and then from there up we will have the EIFS materials with major areas of glass. There will be recesses. There will bejoints. There will be a lot of accent pieces in here. We've also done a similar thing to what is done on the deck here. This piece is recessed back to accentuate the building and try and give it more detail . • Hoover: From the pedestrian level, what am I seeing as I 'm going around the parking garage? Alderman: Landscaping on all three sides and as you walk around here you will see landscaping and concrete. There will be precast at all these levels and there will be concrete and there will be recesses. These will be niched back a little bit so it won't be just one solid flat wall . It will go in and out. This is very important. It kind of accentuates, really, the idea of the vertical part these areas recess in a little bit. Hoover: I have reservations. From a birds eye view it doesn't look like a box but from a pedestrian and walking around the sidewalk and walking around the parking garage, that is definitely a box. Alderman: Any project that is going to have 120 cars in it like that is going to fill up most of the site. I think if you look at that closely, we cut the comers to create less wall space. These corners are cut out here where we can' t park a car in the corner. They are cut out like this. That is this big shallow curb for the stair that goes all the way across. We have created these ins and outs and done some extra detailing at the entrances with an arch type feature so that they can be recognized through there and we put a lot of landscaping in. As far as it being a box, yes. It' s got to be. It covers the site but it has a lot of features -- cuts, round features -- things like that to • try and make that reflect. When you look at the model it does look boxy but when you take all these materials and bring them all the way through there and all the way down to the ground and • Minutes of Planning Commission February 22, 1999 -_ Pape 30 tied this "main portion of the building all the way down to Rock Street with the brick -- Hoover: Was the reason for the concrete on the parking garage was that cost or would brick cost the same on these columns. 'Alderman: Brick would cost a lot more. Brick would cost a substantial amount more but you have to have the concrete there anyway. A parking deck basically is a concrete structure. You could do it out of precast if you wanted to. Hoover: I thought it was a steel structure. Alderman: It could be steel. In this climate, steel doesn' t last as well as it does down south so once you look at it precast which I think has more of a tinker toy look or the poured in place are the two most used types of materials for that. Again, we tried to work with the idea of using a lot of concrete and making a lot of changes to it to give it more depth and detail. Hoover: Was there a board of actual materials? • Alderman : Yes. I brought several samples of brick because obviously at this point, we haven' t picked a brick. I think the appropriate brick for the south side of the square is something in a red brick range. I brought three or four possible samples of red brick for that. Everything from a brick that pretty much matches some of the older buildings which don ' t have a whole lot of detail to one being two or three shades to one that has what we call a iron stock kind of thing. All of those are sort of within the range of what is basically a red brick. This is precast which is meant to look like cut limestone. That is going to be the other materials around all the entrances. That will be the predominance of what you have where you can get up close to the building. Then we would have drivet or EIFS for the rest of the material . Asyouu can see, what we want to do with those is to make it look as much like stone as we possibly can and we' re going to add the rustifications and the details to that and from a distance, I would know it was drivet, but from a distance, I don't think too many people other than architects who see it all the time probably would know that much. We will have some accent areas as we have been talking about that would have more color to it by having an alternate color to go with it. Estes: My comments are that the upper level of the building with the EIFS and the glass, to me has an industrial look and that is compounded by the straight roof line. Because of the slope of the property to the south, when you're on the square that is what you are going to see. Can you do something to that roof line to get away from the industrial look? Am I seeing something that is not really there? • Alderman: I feel with the amount of glass that we have put on there and it's hard to show in these kind of detail but the glass is going to be set in from those frames. There is probably a lot • Minutes of Planning Commission February 22, 1999 `more-detail -than you see in the model there. Unless we were to have some different roof shape and with a 120 x 120 feet room which is the majority of what we are doing with this building, I think that most people, unless they are in a plane are not going to see that. They are going to see that mostly from a ground view and that is where we have a lot of the detail that we are going to be able to add with the tower. The tower breaks up that and the entrance and access all the way througli break up that. If you look at the back, we' ve got the sun shades and the awnings all the way across the back all the way around. When you see the building as a pedestrian all the way around you' re going to see a lot of the trees and the tower as you come in from that front entrance over there. I think that material which is set back about 30 feet from all of the elevations that you see on that side is going to be something that will be back a little bit. It is our opinion that the use of the glass panels that are inset with that will give a very good look to it. It will have somewhat of a stone type appearance. I think I have done a lot to try and create that as a very pleasing back drop to the rest of the materials we have used throughout the project. Estes: Can you do anything with the roof line to get away from that box? Alderman: Again, I think we are pretty much set with the 120 x 120 shape that we have to it. It is hard to do anything with it. We could put a big a curved metal roof on there. I 'm not sure • that is the appropriate response to the City of Fayetteville. We did the convention center in Hot Springs which has a big sloped metal roof to it like that but I don't think that would look appropriate. With the detailing of the top all the way around, we will have something that will look substantial. If you' ll also look at all the other buildings on the south side of the square, they are predominately the same material as that all the way around . The south side building is pretty much all drivet. The Executive Square Building has a predominance of drivet all the way around it. The front of it is brick but it is painted very similar in color to that. The CGN Building, that is one block over to the west of this is all drivet throughout. We're using materials that are basically compatible with all the materials used on the south side of the square. Hoffman: I have one more question about the front. We do not have a north elevation in our packet so I am looking at the tower view from the square looking to the tower through the plaza. Alderman: I thought that was in your packet? Hoffman: I don't think so, unless I missed it. There is an area of the building to the right of the tower that doesn't look like it has any windows in it. What is that? Alderman: This area has the recesses in the same places as the windows but it is on that side, since we're going to have a well down over here in between the building for some of the mechanical equipment, we did not put windows on there. • Hoffman: So is that a view of drivet from the square? • Minutes of Planning Commission February 22, 1999 _.. .. -.: .-_- . ._ . . . Page 32 ` `Alderman: - - - With the trees in there, yes. The edge of the building that is there will be blocked and you will see only one bay or one and half bays. You will be presented with 99% this, brick all the way across here and that would be the edge of one building. 68% of that is behind the buildings there. -- "` Hoover: - I think the building closest to the Town Center is lower and it' s not the building shown on that section. Alderman: From the square, the other -- again, when you look up at it from a pedestrian stand point those buildings are still blocked even at a lower level . Johnson: I did get the new elevations in my packet but there is not a new north elevation. Is there anything changed on the north elevation from what we saw at subdivision? Alderman: We changed the Block Street and the East Street elevations because that is where we added the predominance of all the landscaping. Those two are new. Then we added the other details. It' s hard in those drawings only that big to show some of the detailing that is there, so we added those two new drawings to be able to show you more what the detail all the way • around the building. I believe the north and the south elevations haven' t changed since the last time. Johnson: On the large south elevation detail that shows us the entrance, that entrance is not at ground level. How do you get to the entrance that is blown up here on the upper right? How do pedestrians access that from the street? Alderman: The site plan gives more detail . We put a stair on the back that takes you from Rock Street. You can walk up an outside stair that takes you from the lowest level along Rock Street to up to the terraces, so that way you don't have to walk all the way around and up to get onto the terrace. From Rock Street, you come up the stairs. That also gave us the opportunity to make a break in this plane that runs all the way across here by allowing that to go out a little bit and accentuate that stair. On your elevation, that is the place that doesn' t have the frieze in front of it. Johnson: But, we can't tell from our elevation that there is a stair there. Alderman: The stair is built inside of that and it works that way inside this form. That is predominately the masonry materials they were using on the building by bringing them all the way down to the grade. • Johnson: On the south elevation, you have shown some contrasting color on the top part of the building under the windows. That's new from Subdivision. But you have not shown that on • Minutes of Planning Commission February 22, 1999 Page 33 - ' - -`-'the-edst elevation.- Alderman: The east elevation doesn' t have the same two story space. You have this part of the building which is one story and then you set back another 30 feet to where you get to the other portion. It is set back on both sides. On all the sides where we have the two story as part of the building, we have used the same. Ward: I was at the Subdivision Meeting and we discussed the whole project such as the box like structure. It seems to me that you have answered most of my questions by color accents and the change in insets. You have done a lot of little things. The landscaping is going to be a big part of the whole project. This thing has been beat around now for several years. I feel this is a fantastic project for the City of Fayetteville. MOTION Mr. Ward made a motion to approve LSD99-2 subject to the conditions of approval and all comments. • Mr. Odom seconded the motion. Further Discussion Odom: I think one of the reasons we're so critical of this project is that is it critical to Fayetteville and one- that will be with us forever. This is a valiant effort for what we have to work with. Your struggle to build the best you can and still remain a society that doesn' t tax its citizens to death to build something more than this. I believe it does comply with the commercial design standards that we have and that is probably the largest obstacle that we have. All the other issues have been essentially resolved. It is difficult to build something that is not a box like structure in the downtown area that every building down there is what makes Fayetteville what it is a box like structure. I live and work down there everyday. The Gueysinger Building is on the National Register of Historic Places just like a lot of the places down there. I believe that it does comply. There were some things that I would have liked to have seen that I think anybody would like to see added. Roll Call Upon roll call, the motion passed with a vote of 5-3-0. Mr. Estes, Ms. Hoffman, and Ms. Hoover voted against the motion. • Meeting adjourned at 7:35 p.m. TO: A & P Commissioners FROM: Marilyn Johnson RE: Construction Manager I spoke with Roy Karr of the Fayettevile schools regarding the connstruction manager they hired to work with school construction. They estimate they saved 12- 15% in construction costs. The construction manager charged a 4% fee and at some time in the process said they could do the job for a not-to-exceed amount. Roy said they hired a professional cost estimator first(Con-Air of Little Rock). Estimator charged 511000 of project costs to determine construction costs. This was to allow architect to redraw design if it was overbudget. Then the schools solicited proposals for the construction manager. Baldwin Shell was hired by them to be construction manager. They received 4 proposals. • • Attachment #i6 • STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (GUARANTEED MAXIMUM PRICE OPTION ) (See AGC Document No. 501 for Establishing the Guaranteed Maximum Price) THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT Made this day of in the year of Nineteen Hundred • and tfimsk~ t41 f '".e 141^ ` a BETWEEN Fayetteville School District # 1 Fayetteville, Washington County, Arkansas the Owner, and Baldwin & Shell Construction Co . , the Construction Manager. For services in connection with the following described Project : (Include complete Project location and scope) Renovations of Fayetteville Secondary Schools Fayetteville High School Ramay Junior High School Woodland Junior High School Fayetteville, Arkansas The Architect/Engineer for the Project is Hailey/AssociatesArchitects, P.A . P. 0 . Box 790 Fayetteville, Arkansas 72702 • The Owner and the Construction Manager agree as set forth below. Pagel of 19 Y , • TABLE OF CONTENTS ARTICLES PAGE 1 . The Construction Team and Extent of Agreement. . . . . . . . . . . . . . 3 2. Construction Manager's Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 . The Owner's Responsibilities. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . 7 4. Trade Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 8 5. Schedule . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 . Guaranteed Maximum Price . . . . . . . . .. . ... . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 8 • 7 . Construction Manager's Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8 . Cost of the Project . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . 0 . 0 . . . . . . 10 9 . Changes in the Project. . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . 11 10. Discounts. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . ... . ... . .. . . . . . . .. ... . ... 13 11 . Payments to the Construction Manager . ...I.... . . . . . . ..... . . . . . . . . 13 12. Insurance, Indemnity and Waiver of Subrogation . ... . . . . . .. . . . . 14 13. Termination of the Agreement and Owner's Right to Perform Construction Manager's Obligations .... . . . . . . . . 17 14. Assignment and Governing Law .. . . . . . . . . . . . . . . . . . . .." I ... .. . . . . . . . . 18 15, Miscellaneous Provisions . . . . . . . . . . . . .. . . . I .. . . . 0 . . . . . . .. . . .. . . . . . . . . . . . . 18 16. Arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . I.. . ... 18 • Pape 2 of 19 ARTICLE 1 • The Construction Team and Extent of Agreement The CONSTRUCTION MANAGER accepts the relationship of trust and confidence established between him and the Owner by this Agreement. He covenants with the Owner to furnish his best skill and judgment and to cooperate with the Architect/Engineer in furthering the interests of the Owner. He agrees to furnish efficient business administration and superintendence and to use his best efforts to complete the Project in an expeditious and economical manner consistent with the interest of the Owner. 1 . 1 The Construction Team: The Construction Manager, the Owner, and the Architect/Engineer called the " Construction Team " shall work from the beginning of design through construction completion. The Construction Manager shall provide leadership to the Construction Team on all matters relating to construction. 1 .2 Extent of Agreement: This Agreement represents the entire agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements. When Drawings and Specifications are complete, they shall be identified by amendment to this Agreement. This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument signed by both the Owner and the Construction Manager. 1 .3 Definitions: The Project is the total construction to be performed under this Agreement. The Work is that part of the construction that the Construction Manager is to perform with his own forces or that part of the construction that a particular Trade Contractor is to perform. The term • day shall mean calendar day unless otherwise specifically designated. ARTICLE 2 Construction Manager's Services The Construction Manager will perform the following services under this Agreement in each of the two phases described below. 2. 1 Design Phase 2. 1 . 1 Consultation During Project Development: Schedule and attend regular meetings with Architect/Engineer during the development of conceptual and preliminary design to advise on site use and improvements, selection of materials, building systems and equipment. Provide recommendations on construction feasibility, availability of materials and labor, time requirements for installation and construction, and factors related to cost including costs of alternative designs or materials, preliminary budgets, and possible economies. 2. 1 .2 Scheduling: Develop a Project Time Schedule that coordinates and integrates the Architect/Engineer's design efforts with construction schedules. Update the Project Time Schedule incorporating a detailed schedule for the construction operations of the Project, including realistic activity sequences and durations, allocation of labor and materials, processing of shop drawings and samples, and delivery of products requiring long lead-time procurement. Include the Owner's occupancy requirements showing protions of the Project having occupancy priority. • 2. 1 .3 Project Construction Budget: Prepare a Project budget as soon as major Project requirements have been identified, and update periodically for the Owner's approval. Prepare an estimate based on a quantity survey of Drawings and Specifications at the end of the schematic design phase for approval by the Owner as the Project Construction Budget. Update and refine this Page 3 of 19 � r estimate for the Owner's approval as the development of the Drawings and Specifications proceeds, and advise the Owner and Architect/Engineer if it appears that the Project Construction Budget will • not be met and make recommendations for corrective action. 2. 1 .4 Coordination of Contract Documents: Review the Drawings and Specifications as they are being prepared, recommending alternative solutions whenever design details affect construction feasibility or schedules without, however, assuming any of the Architect/Engineer's responsibilities for design. 2. 1 .5 Construction Planning: Recommend for purchase and expedite the procurement of long-lead items to ensure their delivery by the required dates. 2. 1 .5. 1 Make recommendations to the Owner and the Architect/Engineer regarding the division of Work in the Drawings and Specifications to facilitate the bidding and awarding of Trade Contracts, allowing for phased construction taking into consideration such factors as time of performance, availability of labor, overlapping trade jurisdictions, and provisions for temporary facilities. 2. 1 .5.2 Review the Drawings and Specifications with the Architect/Engineer to eliminate areas of conflict and overlapping in the Work to be performed by the various Trade Contractors and prepare pre-qualification criteria for bidders. 2. 1 .5.3 Develop Trade Contractor interest in the Project and as working Drawings and Specifications are completed, take competitive bids on the Work of the various Trade Contractors. After analyzing the bids, either award contracts or recommend to the Owner that such contracts be awarded. 2. 1 .6 Equal Employment Opportunity: Determine applicable requirements for equal employment • opportunity programs for inclusion in Project bidding documents. 2.2 Construction Phase 2.2. 1 Project Control: Monitor the Work of the Trade Contractors and coordinate the Work with the activities and responsibilities of the Owner, Architect/Engineer and Construction Manager to complete the Project in accordance with the Owner's objectives of cost, time and quality. 2.2. 1 . 1 Maintain a competent staff at the Project site to coordinate and provide general direction of the Work and progress of the Trade Contractors on the Project. 2.2. 1 .2 Establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Team. 2.2. 1 .3 Establish procedures for coordination among the Owner, Architect/Engineer, Trade Contractors and Construction Manager with respect to all aspects of the Project and implement such procedures. 2.2. 1 .4 Schedule and conduct progress meetings at which Trade Contractors, Owner, Architect/Engineer and Construction Manager can discuss jointly such matters as procedures, progress, problems and scheduling . 2.2. 1 .5 Provide regular monitoring of the schedule as construction progresses. Identify potential variances between scheduled and probable completion dates. Review schedule for Work not started or incomplete and recommend to the Owner and Trade Contractors adjustments in the schedule to meet the probable completion date. Provide summary reports of each monitoring and document all • changes in schedule. Page 4 of 19 2.2. 1 .6 Determine the adequacy of the Trade Contractors' personnel and equipment and the availability of materials and supplies to meet the schedule . Recommend courses of action to the • Owner when requirements of a Trade Contract are not being met. 2.2.2 Physical Construction: Provide all supervision, labor, materials, construction equipment, tools and subcontract items which are necessary for the completion of the Project which are not provided by either the Trade Contractors or the Owner. To the extent that the Construction Manager performs any Work with his own forces, he shall, with respect to such Work, perform in accordance with the Plans and Specifications and in accordance with the procedure applicable to the Project. 2.2.3 Cost Control : Develop and monitor an effective system of Project cost control. Revise and refine the initially approved Project Construction Budget, incorporate approved changes as they occur, and develop cash flow reports and forecasts as needed. Identify variances between actual and budgeted or estimated costs and advise Owner and Architect/Engineer whenever projected cost exceeds budgets or estimates. 2.2.3. 1 Maintain cost accounting records on authorized Work performed under unit costs, actual costs for labor and material, or other bases requiring accounting records. Afford the Owner access to these records and preserve them for a period of three (3) years after final payment. 2.2.4 Change Orders: Develop and implement a system for the preparation, review and processing of Change Orders. Recommend necessary or desirable change to the Owner and the Architect/Engineer, review requests for changes, submit recommendations to the Owner and the Architect/Engineer, and assist in negotiating Change Orders. 2.2,5 Payments to Trade Contractors: Develop and implement a procedure for the review, • processing and payment of applications by Trade Contractors for progress and final payments. 2.2,6 Permits and Fees: Assist the Owner and Architect/Engineer in obtaining all building permits and special permits for permanent improvements, excluding permits for inspection or temporary facilities required to be obtained directly by the various Trade Contractors. Assist in obtaining approvals form all the authorities having jurisdiction. 2.2,7 Owner's Consultants: If required, assist the Owner in selecting and retaining professional services of a surveyor, testing laboratories and special consultants, and coordinate these services, without assuming any responsibility or liability of or for these consultants. 2.2.8 Inspection: Inspect the Work of Trade Contractors for defects and deficiencies in the Work without assuming any of the Architect/Engineer's responsibilities for inspection. 2.2.8. 1 Review the safety programs of each of the Trade Contractors and make appropriate recommendations. In making such recommendations and carrying out such reviews, he shall not be required to make exhaustive or continuous inspections to check safety precautions and programs in connection with the Project. The performance of such services by the Construction Manager shall not relieve the Trade Contractors of their responsibilities for the safety of persons and property, and for compliance with all federal, state and local statutes, rules, regulations and orders applicable to the conduct of the Work. 2.2.9 Document Interpretation : Refer all questions for interpretation of the documents prepared by the Architect/Engineer to the Architect/Engineer. 2.2. 10 Shop Drawings and Samples: In collaboration with the Architect/Engineer, establish and • implement procedures for expediting the processing and approval of shop drawings and samples. Page 5 of 19 2.2. 11 Reports and Project Site Documents : Record the progress of the Project. Submit written progress reports to the Owner and the Architect/Engineer including information on the Trade • Contractors' Work, and the percentage of completion . Keep a daily log available to the Owner and the Architect/Engineer. 2.2. 11 . 1 Maintain at the Project site, on a current basis: records of all necessary Contracts, Drawings, samples, purchases, materials, equipment, maintenance and operating manuals and instructions, and other construction related documents, including all revisions. Obtain data from Trade Contractors and maintain a current set of record Drawings, Specifications and operating manuals. At the completion of the Project, deliver all such records to the Owner. 2.2. 12 Substantial Completion: Determine Substantial Completion of Work or designated portions thereof and prepare for the Architect/Engineer a list of incomplete or unsatisfactory items and a schedule for their completion. 2. 2. 13 Start-Up : With the Owner' s maintenance personnel, direct the checkout of utilities, operations systems and equipment for readiness and assist in their initial start-up and testing by the Trade Contractors. i.2. 14 Final Completion : Determine final completion and provide written notice to the Owner and Architect/Engineer that the Work is ready for final inspection. Secure and transmit to the Architect/Engineer required guarantees, affidavits, releases, bonds and waivers. Turn over to the Owner all keys, manuals, record drawings and maintenance stocks. 2.2. 15 Warranty: Where any Work is performed by the Construction Manager' s own forces or by Trade Contractors under contract with the Construction Manager, the Construction Manager shall warrant that all materials and equipment included in such Work will be new, unless otherwise • specified, and that such Work will be of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and Specifications. With respect to the same Work, the Construction Manager further agrees to correct all Work defective in material and workmanship for a period of one year from the Date of Substantial Completion or for such longer periods of time as may be set forth with respect to specific warranties contained in the trade sections of the Specifications. The Construction Manager shall collect and deliver to the Owner any specific written warranties given by others. The Construction Manager shall administor all warranty work during the entire warranty period for all trade contracts and purchase orders under contract with Owner. 2.3 Additional Services 2.3. 1 At the request of the Owner the Construction Manager will provide the following additional services upon written agreement between the Owner and Construction Manager defining the extent of such additional services and the amount and manner in which the Construction Manager will be compensated for such additional services. 2.3.2 Services related to investigation, appraisals or valuations of existing conditions, facilities or equipment, or verifying the accuracy of existing drawings or other Owner-furnished information. 2.3 .3 Services related to Owner-furnished equipment, furniture and furnishings which are not a part of this Agreement. 2.3.4 Services for tenant or rental spaces not a part of this Agreement. 2.3. 5 Obtaining or training maintenance personnel or negotiating maintenance service • contracts. Page 6 of 19 ARTICLE 3 • Owner's Responsibilities 3. 1 The Owner shall provide full information regarding his requirements for the Project. 3.2 The Owner shall designate a representative who shall be fully acquainted with the Project and has authority to issue and approve Project Construction Budgets, issue Change Orders, render decisions promptly and furnish information expeditiously. 3.3 The Owner shall retain an Architect/Engineer for design and to prepare construction documents for the Project. The Architect/Engineer's services, duties and responsibilities are described in the Agreement between the Owner and the Architect/Engineer, a copy of which will be furnished to the Construction Manager. The Agreement between the Owner and the Architect/Engineer shall not be modified without written notification to the Construction Manager. 3.4 The Owner shall furnish for the site of the Project all necessary surveys describing the physical characteristics, soil reports and subsurface investigations, legal limitations, utility locations, and a legal description. 3.5 The Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 3.6 The Owner shall furnish such legal services as may be necessary for providing the items set forth in Paragraph 3 .5, and such auditing services as he may require . • 3.7 The Construction Manager will be furnished without charge all copies of Drawings and Specifications necessary for the execution of the Work. 3.8 The Owner shall provide the insurance for the Project as provided in Paragraph 12.4, and shall bear the cost of any bonds required. 3.9 The services, information, surveys and reports required by the above paragraphs or otherwise to be furnished by other consultants employed by the Owner, shall be furnished promptly at the Owner's expense and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. 3. 10 If the Owner becomes aware of any fault or defect in the Project or non-conformance with the Drawings and Specifications, he shall give prompt written notice thereof to the Construction Manager. 3. 11 The Owner shall furnish, prior to commencing work and at such future times as may be requested, reasonable evidence satisfactory to the Construction Manager that sufficient funds are available and committed for the entire cost of the Project. Unless such reasonable evidence is furnished, the Construction Manager is not required to commence or continue any Work, or may, if such evidence is not presented within a reasonable time, stop the Project upon 15 days notice to the Owner. The failure of the Construction Manager to insist upon the providing of this evidence at any one time shall not be a waiver of the Owner's obligation to make payments pursuant to this Agreement nor shall it be a waiver of the Construction Manager's right to request or insist that such evidence be provided at a later date. • 3 . 12 The Owner shall communicate with the Trade Contractors only through the Construction Manager. Page 7 of 19