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HomeMy WebLinkAbout32-81 RESOLUTIONRESOLUTION NO. 3,)4 A RESOLUTION AUTHORIZING THE MAYOR AND CITY:CLERK TO EXECUTE CONTRACTS WITH HAILEY-POWERS-FRONING LTD. AND DENNIS JOHN BECKER d/b/a DESIGN DIRECTION, FOR ARCHITECTURAL SERVICES TO RENOVATE THE CITY ADMINISTRATION BUILDING. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: • v • That the Mayor and City Clerk are hereby authorized to execute contracts with Hailey-Powers-Froning Ltd., and Dennis John Becker d/b/a Design Direction, for architectural services to renovate the City Administration Building. A copy of the contracts authorized for execution hereby are attached hereto marked Exhibit "A" and "B" and made a part hereof. aa PASSED AND APPROVED this �9XA day of , 1981. APPROVED: irdV ATTEST: tit4 sac ��...ori `�`�v. ^�(/�/ Ar*titi C CITY( CLERK /. w^ Ts -,r,/ Cin MAYO • a • • CONTRACT THIS CONTRACT executed this day of 1981, by and between the e0F . /9B/ rias 0 / R�eco 'kr'(/4/VelT City of Fayetteville, Arkaifis4�1 k hereinafter called the "City", and Hailey-Powers-Froning, Ltd., an Arkansas corporation, heieiriafter called the "Architect". In consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. The Architect agrees to provide the basic architect's services hereinafter specified for the renovation of the first, second, and third floors of the Fayetteville City Administration Building, excluding the basement floor. 2. The Architect shall provide the following basic services: at (a) The Architect shall meet with City staff members and City Board of Directors members to determine space needs for each City department. (b) The Architect shall prepare preliminary schematic drawings showing the location and amount of space proposed for allocation for each City department. (c) The Architect shall obtain approval from the City Board of Directors of the proposed space allocations reflected on the preliminary schematic drawings prior to preparing final schematic drawings. (d) The Architect shall prepare final schematic drawings which shall include a basic floor plan reflecting the location and amount of space allocated to each City department, provisions for the handicapped, location of elevators, and general traffic flow. (e) The Architect shall submit written recommendations for electrical, mechanical and structural systems. (f) The Architectsshall submit written recommendations for construction materials and shall submit a written cost estimate, which estimate may be on a per square foot basis. a a aOn � 415 EXEw°1 'A l j - 2 (g) The Architect shall submit written recommendations on the logistics of construction. 3. The Architect shall submit ten (10) copies of the final schematic drawings, written recommendations, and written cost estimates, to the City on or before May 8, 1981, at 5:00 P.M. Time is expressly made of the essence of this Contract. For each and every day work contemplated in this Contract remains uncompleted beyond the time set for its completion, the Architect shall pay to the City the sum of $100.00 as liquidated damages and not as a penalty. This sum may be deducted from money due or to become due to the Architect as compensation under this Contract. i 4. All schematic drawings and written recommendations prepared by the Architect shall become the property of the City to be used by the City in any way the City determines. 5. For services rendered by the Architect under this Contract, the City shall pay the Architect a total fee of $5,000.00, of which $1,500.00 shall be payable upon execution of this Contract and the balance of $3,500.00 payable upon delivery to the City of the final schematic drawings, written recommendations, and cost estimate. 6. The Architect shall be entitled to be reimbursed by the City for the expense of reproductions, postage and handling of drawings and other documents, excluding reproductions for the office use of the Architect and the Architect's consultants. 7. This agreement may be terminated by either party upon seven (7) days' written notice should the other party fail to subsequently perform in accordance with these terms through no fault of the party initiating the termination. This agreement may be terminated by the City upon at least seven (7) days written notice to the Architect in the event that the project is permanently abandoned. 67E21037 ,4 • • - 3 In the event of termination not the fault of the Architect, the Architect shall be compensated for all services performed to the termination date, together with reimburseable expenses then due. 8. This Contract shall be binding upon the parties hereto and upon their successors, assigns and legal representatives. The Architect shall not assign or transfer any interest in this Contract without the written consent of the City. 9. This Contract may be amended only by written instrument executed by the City and the Architect. IN WITNESS WHEREOF the parties have executed this Contract on the date first above written. CITY OF FAYETTEVILLE, ARKANSAS G`�..1By: 14 0 4 i,.y t •ATTTES•T 1.) •Clerk •-• '1-10' ATT awtte May r HAILEY-POWERS-FRONING, LTD., An Arkansas Corporat'on By: 2 resident Secretary .'; 'CERTIFICATE OF RECaj STATE OF ARKANSASgq Washington Courify I SS. 1, Almax yer, CireuL. Kollme Grp - itiClerk and Ex -Officio Recorder for Washington County, do here y certify that the annexed or fore. going' strutnent wasfile d for record in my o Tice on tha �� day duly recorded in•' of-(�,.,•" �.. - artoiocM• and the same is Witness my hand and seal I record -�.daY of at pageis' seal • 1 1 4c721037 417 :1981tip -C(O CONTRACT iiyjTO ‘:47 c{ F R w41i ,1z '� A Hi COONy Y THIS CONTRACT executed this r,A k day of ra__ LP I �Y(,p11R� 1981, by and between the City of Fayetteville, Arkansas, hereinafter called the "City", and Dennis Becker d/b/a Design Direction, hereinafter called the "Architect". In consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. The Architect agrees to provide the basic architect's services hereinafter specified for the renovation of the first, second, and third floors of the Fayetteville City Administration Building, excluding the basement floor. 2. The Architect shall provide the following basic services: (a) The Architect shall meet with City staff members and City Board of Directors members to determine space needs for each City department. (b) The Architect shall prepare preliminary schematic drawings showing the location and amount of space proposed for allocation for each City department. (c) The Architect shall obtain approval from the City Board of Directors of the proposed space allocations reflected on the preliminary schematic drawings prior to preparing final schematic drawings. (fl) The Architect shall prepare final schematic drawings which shall include a basic floor plan reflecting the location and amount of space allocated to each City department, provisions for the handicapped, location of elevators, and general traffic flow. (e) The Architect shall submit written recommendations for electrical, mechanical and structural systems. (f). The Architect shall submit written recommendations for construction materials and shall submit a written cost estimate, which estimate may be on a per square foot basis. 2037 412 FXNIRIT 6 - 2 • • (g) The Architect shall submit written recommendations on the logistics of construction. 3. The Architect shall submit ten (10) copies of the final schematic drawings, written recommendations, and written cost estimates, to the City on or before May 8, 1981, at 5:00 P.M. Time is expressly made of the essence of this Contract. For each and every day work contemplated in this Contract remains uncompleted beyond the time set for its completion, the Architect shall pay to the City the sum of $100.00 as liquidated damages and not as a penalty. This sum may be deducted from money due or to become due to the Architect as compensation under this Contract. 4. All schematic drawings and written recommendations prepared by the Architect shall become the property of the City to be used by the City in any way the City determines.. 5. For services rendered by the Architect under this Contract, the City shall. pay the Architect a total fee of $5,000.00, of which $1,500.00 shall be payable upon execution of this Contract and the balance of $3,500.00 payable upon delivery to the City of the final schematic drawings, written recommendations, and cost estimate. 6. The Architect shall be entitled to_be reimbursed by the City for the expense of reproductions, postage and handling of drawings and other documents, excluding reproductions for the office use of the Architect and the Architect's consultants. 7. This agreement may be terminated by either party upon seven (7) days' written notice should the other party fail to subsequently perform in accordance with these terms through no fault of the party initiating the termination. This agreement may be terminated by the City upon at least seven (7) days written notice to the Architect in the event that the project is permanently abandoned. 1037 413 t 3 • • In the event of termination not the fault of the Architect, the Architect shall be compensated for all services performed to the termination date, together with reimburseable expenses then due. 8. This Contract shall be binding upon the parties hereto and upon their successors, assigns and legal representatives. The Architect shall not assign or transfer any interest in this Contract without the written consent of the City. 9. This Contract may be amended only by written instrument executed by the City and the Architect. IN WITNESS WHEREOF the parties have executed this Contract on the date first above written. 4 is IS e. t s : - 1 t t'. a ' :4`-41,4tOt w ab CERTIFICATE OF RECORD STATE OARKANSAS I F, SS! Washington County ) b4 I, Alma L` Kollmeyer, Circuit Clerk and Ex -Officio Recorder for Washington County, dohereby certify that the annexed or fore- goinginstrument was fled for record in my poff�ice on tho/fZday of pf�% t/Q MIcck�lw, and the same is duly recorded in -7.'''' record A at pageS•Zo { Witness my hand ahG'seafth; - .day ofd ✓ 119E//'` DY Circuit Clerk and Ex -Officio Recorde Deputy Clerk CITY OF FMtETTEVILLE, ARKANSAS By: Mayo' DENNIS BECKER d/b/a DESIGN DIRECT By: Dennis Becker 37 414 (1 - C/,� y /fQ/� z�NAILEY •POMICWERS • FRONING ARCHITECTS, LTD. al7EOO 7 4G°3AHSEUflAU P. 0. Box 790 First Place Suite 440 Z �, g f I V 0 1363 FAYETTEVILLE. ARKANSAS 72701 J Phone 442-5565 TO The City of Fayetteville City Administration Building Fayetteville, Arkansas GENTLEMEN: DATE November 19, 1981 No. 8103 ♦TTEN I rN . Jim McCord, City Attorney nE City Administration Building 9/2/81 Fayetteville, Arkansas AIA Document / Standard Form of Agreement Between Owner and Architect (1977 Edition) -1 original -1 WE ARE SENDING YOU Ili Attached 0 Under separate cover via the following items: ❑ Shop drawings 0 Prints ❑ Copy of letter 0 Change order ❑ Plans 0 Samples Revised Contract 0 Specifications COPIES DATE NO. DESCRIPTION 2 9/2/81 B141 AIA Document / Standard Form of Agreement Between Owner and Architect (1977 Edition) -1 original -1 copy THESE ARE TRANSMITTED as checked below: (XI For approval 0 Approved as submitted 0 Resubmit copies for approval ❑ For your use 0 Approved as noted 0 Submit copies for distribution ❑ As requested 0 Returned for corrections❑ Return corrected prints ❑ For review and comment ❑ (Ready for Signatures) ❑ FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS d J COPY TO FORM 24O-3 Available Irani/n B /Mc.Groton. Maes. O145O SIGNED: Newton L. Hailey, Jr. AIA /bjb 0 enclosures are not es noted, kindly notify us et once. THE AMERICAN INSTITUTE OF ARCHITECTS • AIA Document 8141 Standard Formof Agreement Between Owner and Architect 1977 EDITION 7.115 DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the Hundred and SECOND EIGHTY-ONE • day of SEPTEMBER , in the year of Nineteen BETWEEN the Owner: THE CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS and the Architect: HAILEY•POWERS•FRONING ARCHITECTS, LTD P. 0. BOX 790 / FIRST PLACE SUITE 440 FAYETTEVILLE, ARKANSAS 72702-0790 For the following Project: - (Include detailed description of Project location and scope.) .1 ! , •r Renovation of City Administration Building. The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, © 1977 by The American 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 permission of the AIA violates the copyright laws of the United States and will he subject to legal prosecution. AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAS • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1,35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 6141-1977 1 • • • TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES • BASIC SERVICES The Architect's Basic Services consist of the five phases described in Paragraphs 1.1 through 1.5 and include normal structural, mechanical and electrical engineering services and any other services included in Article 15 as part of Basic Services. 1.1 SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall review the understanding of such requirements with the Owner. 1.1.2 The Architect shall provide a preliminary evalua- tion of the program and the Project budget requirements, each in terms of the other,;subject to the limitations set forth in Subparagraph 3.2.1. 1.1.3 The Architect shall review.with the Owner alterna- tive approaches to design and construction of the Project. 1.1.4 Based on the mutually agreed upon program and Project budget requirements, the Architect -shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 1.1.5 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. 1.2 DESIGN DEVELOPMENT PHASE 1.2.1 Based on the approved Schematic Design Docu- ments and any adjustments authorized by the Owner in the program or Project budget, the Architect shall pre- pare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to architectural, structural, mechanical and elec- trical systems, materials and such other elements as may be appropriate. 1.2.2 The Architect shall submit to the Owner a further Statement of Probable Construction Cost. 1.3 CONSTRUCTION DOCUMENTS PHASE 1.3.1 Based on the approved Design Development Doc- uments and any further adjustments in the scope or qual- ity of the Project or in the Project budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Draw- ings and Specifications setting forth in detail. the require- ments for the construction of the Project. 1.3.2 The Architect shall assist the Owner in the prepara- tion of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agree- ment between the Owner and the Contractor. 1.3.3 The Architect shall advise the Owner of any adjust- ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.3.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- ing jurisdiction over the Project. - 1.4 BIDDING OR NEGOTIATION PHASE 1.4.1 The Architect, following the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and assist in awarding and preparing contracts for construction. 1.5 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.51 The Construction Phase will commence with the award of the Contract for Construction and, together with the Architect's obligation to;provide Basic Services under this Agreement, will terminate when final payment to the Contractor is due, or in the absence of a final Certificate for Payment or of such due date, sixty days after the Date of Substantial Completion of the Work, whichever occurs first. 1.5.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construc- tion as set forth below and in the edition of AIA Docu- ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.5.3 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise and consult with the Owner. Instructions to the Contrac- tor shall be forwarded through the Architect. The Archi- tect shall have authority to act on behalf of the Owner only to the extent provided in the Contract Documents unless otherwise modified by written instrument in ac- cordance with Subparagraph 1.5.16. 1.5.4 The Architect shall visit the site at intervals ap- propriate to the stage of construction or as otherwise agreed by the Architect in writing to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tect shall not be required to make exhaustive or con- tinuous on-site inspections to check the quality or quan- tity of the Work. On the basis of such on-site observa- tions as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 1.5.5 The Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences .or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Sub - AIA DOCUMENT R141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • O 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1,35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2DOD6 B141-1977 3 • contractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. 1.5.6 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.5.7 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, and shall issue Certificates for Payment in such amounts, as provided in the Contract Documents. 1.5.8 The issuance of a: Certificate for Payment shall : constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as pro- vided in Subparagraph 1,5.4 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, the qual- ity of the Work is in accordance with the Contract Docu- ments (subject to an evaluation of the Work for con- formance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests re- quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- rectable prior to completion, and to any specific qualifica- tions stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.5.9 The Architect shall be the interpreter of the re- quirements of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractor. The Architect shall render interpretations nec- essary for the proper execution or progress of the Work with reasonable promptness on written request of either the Owner or the Contractor, and shall render written de- cisions, within a reasonable time, on all claims, disputes and other matters in question between the Owner and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 1.5.10 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful perform- ance by both the Owner and the Contractor, shall not show partiality to either, and shall not be liable for the result of any interpretation or decision rendered in good faith i:1 such capacity. 1.5.11 The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. XIX XX'adbX&XX)9dfrXsX)XiXX X Xa 1CX31'X%XIX*XX1W LXXX»*X%Min Xl XIXX XII t 1.5.12 The Architect shall have authority to reject Work which does not conform to the Contract Documents, Whenever, in the Architect's reasonable opinion, it is • • • necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have author- ity to require special inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.13 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall, be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of an assembly of which the item is a component. 1.5.14 The Architect shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 1.5.15 The Architect shall conduct inspections to deter- mine the Dates of Substantial Completion and final com- pletion, shall receive and forward to the Owner for the Owner's review written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Pay- ment. 1.5.16 The extent of the duties, responsibilities and lim- itations of authority of the Architect as the Owner's rep- resentative during construction shall not be modified or extended without written consent of the Owner, the Con- tractor and the Architect. 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.6.1 If the Owner and Architect agree that more ex- tensive representation at the site than is described in Paragraph 1.5 shall be provided, the Architect shall pro- vide one or more Project Representatives to assist the Architect in carrying out such responsibilities at the site. 1.6.2 Such Project Representatives shall be selected, em- ployed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed be- tween the Owner and the Architect as set forth in an ex- hibit appended to this Agreement, which shall describe the duties, responsibilities and limitations of authority of such Project Representatives. 1.6.3 Through the observations by such Project Repre- sentatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representa- tion shall not modify the rights, responsibilities or obliga- tions of the Architect as described in Paragraph 1.5. 1.7 ADDITIONAL SERVICES The following Services are not included in Basic Services unless so identified in Article 15. They shat( be provided if authorized, or confirmed in writing by the Owner. and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. 4 8141-1977 AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 • • Cm 1.7.1 Providing analyses of the Owner's needs, and pro- gramming the requirements of the Project. 1.7.2 Providing financial feasibility or other special studies. 1.7.3 Providing planning surveys, site evaluations, envi- ronmental studies or comparative studies of prospective sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities or others having jurisdiction over the Project. 1.7.4 Providing services relative to future facilities, sys- tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information fur- nished by the Owner. 1.7.6 Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase, when requested by the Owner. 1.7.7 Providing coordination of Work performed by separate contractors or by the Owner's own forces. 1.7.8 Providing services in connection with the work of a construction manager•or separate consultants retained by the Owner. 1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quan- tity surveys or inventories of material, equipment and labor. 1.7.10 Providing interior design and other similar ser- vices required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 1.7.11 Providing services for planning tenant or rental spaces. 1.7.12 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with 'written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. 1.7.13 Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Con- struction Cost is not commensurate with the services re- quired of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. 1.7.14 Making investigations, surveys, valuations, inven- tories or detailed appraisals of existing facilities, and serv- ices required in connection with construction performed by the Owner. 1.7.15 Providing consultation concerning replacement of any Work damaged by fire or other cause during con- struction, and furnishing services as may be required in connection with the replacement of such Work. 1.7.16 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 1.7.17 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1.7.19 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. 1.7.20 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration pro- ceeding or legal proceeding. 1.7.21 Providing services of consultants for other than the normal architectural, structural, mechanical and elec- trical engineering services for the Project. 1.7.22 Providing any other services not otherwise in- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 1,8 TIME 1.8.1 The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which shall be adjusted as required as the Project proceeds, and shall include allowances for peri- ods of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. This schedule, when approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for the Project including a program, which shall set forth the Owner's design objectives, constraints and criteria, including space requirements and relation- ships, flexibility and expandability, special equipment and systems and site requirements. 2.2 If the Owner provides a budget for the Project it shall include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, at the request of the Architect, provide a statement of funds available for the Project, and their source. . AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • C/1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 5 2.3 The Owner shall designate, when necessary, a rep- resentative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architects services. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoin- ing property; rights-of-way, restrictions, easements, en- croachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available serv- ice and utility lines both public and private, above and below grade, including inverts and depths. 2.5 The Owner shall furnish the services of soil engi- neers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining sub- soil, air and water conditions, with reports and appropri- ate professional recommendations. 2.6 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2.7 The Owner shall furnish all legal, accounting and in- surance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractor's Applica- tions for Payment or to ascertain how or for what pur- poses the Contractor uses the moneys paid by or on be- half of the Owner. 2.8 The services, information, surveys and reports re- quired by Paragraphs 2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.9 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 210 The Owner shall furnish required information and services and shall render approvals and decisions as ex- peditiously as necessary for the orderly progress of the Architect's services and of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 DEFINITION 3.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current market rates, including a reasonable allowance for over- head and profit, the cost of labor and materials furnished by the Owner and any •equipment which has been de- • signed, specified, selected or specially provided for by the Architect. 3.1.3 Construction Cost does not include the compen- sation of the Architect and the Architect's consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Arti- cle 2. 3.2 RESPONSIBILITY FOR CONSTRUCTION COST 3.2.1 Evaluations of the Owner's Project budget, State- ments of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Architects best judgment as a design professional familiar with the construction indus- try. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, mate- rials or equipment, over the Contractor's methods of de- termining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Archi- tect. 3.2.2 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget under Sub- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such fixed limit has been agreed upon in writing and signed by the parties hereto, If such a fixed limit has been estab- lished, the Architect shall be permitted to include con- tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systems and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 3.2.3 If the Bidding or Negotiation Phase has not com- menced within three months after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be ad- justed to reflect any change in the general level of prices in the construction industry between the date of submis- sion of the Construction Documents to the Owner and the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- posal, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Paragraph 10.2, or (4) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of (4), provided a fixed limit of Construc- tion Cost has been established as a condition of this Agree ment, the Architect, without additional charge, shall mod- ify the Drawings and Specifications as necessary to comply 6 B141-1977 AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W'., WASHINGTON, D.C. 20036 with the fixed limit. The providing of such service shall be the limit of the Architects responsibility arising from the establishment of such fixed limit, and having done so, the Architect shall be entitled'to.compensation for all services performed, in accordance with this Agreement, whether or not the Construction Phase is commenced. ARTICLE 4 . - DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct sal- aries of all the Architect's personnel engaged on the Proj- ect, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee bene- fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the Project for the expenses listed in the following Sub- paragraphs: 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel; long distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect and the Architect's consultants. 5.1.3 Expense of data processing and photographic pro- duction techniques when used in connection with Addi- tional Services. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock-ups re- quested by the Owner. 5.1.6 Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 6.1.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase of services, on the basis set forth in Article 14. 6.1.3 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of .the Architect, compensa- tion tor any Basic Services required for ,such extended period of Administration of the Construction Contract 'shall be computed as set forth tri Paragraph 144 for Addi- tional Services. • 6.1.4 When compensation is based on a percentage of Construction Cost, and any poitions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 14.2.2, based on (1) the lowest bona fide bid or negotiated proposal or, (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost or Detailed Esti- mate of Construction Cost for -such portions of the Project. '6 2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES' - 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's r statement of services rendered or expenses incurred. 6:3 PAYMENTS WITHHELD • . . 6 31 No deductions shall bemade from the Architect's compensation on account of penalty, liquidated damages or other -sums withheld from' payments to contractors 'or on account of the cost of changes in the Work other than those for which The Architect's held legally liable. 6.4 PROJECT SUSPENSION OR TERMINATION . 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of•such suspension or abandonment, together with .Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph J0.4. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. -ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS, Tne orlglna s o 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect. XX+ OM XIXeXIXA'lf(cXXDXMO( XXX(XX>)@l $)@XeXStX4(X X )QI(rXcitli he Currier shall be permitted to retain copies, in- cluding reproducible copies, of Drawings and Specifica- tions for information.and.reference in connection with the Owner's*use and occupancy of fhe ProjectT RX3PPXr9EXX X XaCI XIX Qt 9Qi+rsOb cXeVe 0EXaX X )A;`fl9(R7( X an a d1 ions ere o. AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 .7 * construction, - etherprojectsrforaddrtiens-te this -Protech erfer-comple- - tlorrafrhlrrrnjea by others pmvIctetis At trhamt 15t1Dr - io-deiaait modes this-kgreement,-eseept-by-agreement 4n- _ wtiting.,and _with appropriate .cowpensatiorc talhe. A chi -tecU-(DELETED) - 83- Swbmiseien erdi9trfbtbonte meet-officiehregufatory- rug aims -tents or-fo rOthei purposesa a coaaection-withabe- -PFojeet-is-no tobecenstsuedaspublieetieo-inderege4ien- - of -the AFchiteeti-rights - - ARTICLE 9 ARBITRATION (DELETED ) -'J.1- -AH-ektirnsr disputes -ane} other molten in -question - - -between-the parties -to tfttrAgreemem arrsmg oat -of -or - {elatieg to -this Agreement•er(ltebreach Hereof; theft be - - decided d'y arbttratern- naccordanee -wlth-the Cattstrat- - _ aiaa ladast,"-Aibiscalier+ Roles- ef-the- Americas arbitre- - - lien Associatiorr then obtaining -artless the -reties =tut - - - a Ily- epee -oche cwiserNo. arbitration rarising esto4 e r re- - _ hating- to -this Agreement, shall ti nc4ude,-by-certselidetiorr, - foi adeForar+ any sachet -mane errant additional -person-not - - -ape rty-te ihir Agreement -except -by -written consent cony.- - - sato] rrgrspectfit-refererrc'oter thrs-rtgrt'8m marrd-sighed- - -by thnArehrtezr,th rMh3r, and-any-otfier person soughT- - to- bejoined: -Any consent to-arbitratinrr hrvolvi rrg-arrad- - - ditieaal persoe o* persons shell- not -constitute -consent 40- - - arbitration -of -any. disente• not described -therein- or- with - _ day_ p.ersoa Aotrtamed DL described. thereia_T is_Agree= _ - ortent-to arbitrate -and any -agreement torarbitrate with art - additional -pet -sow- os persoe s -duly eeneented-to by -the _ DarliesJQ this.Agreewent shall be sped Lica by- enforceable _ - o rider the prevailing a rbel retion-4avr.. - - - 9a--Notice-o+ the demand far arbftratforr siatl-betted lir - - -writing-with-the other -party 40 this -Agreement end- with- - _ the_Araerican._Arbil,atiaa.Associatim_Ihe-deaurxLshall- - - be made within a reasonable time after lhgbim1.ti atue. _ _ DL otbetJaatteLiD.cwestionhas adseaJa ao wentshall the demand for arbitration be made after therlateyvbert - institwtion-ef-lege- er equitable proceedings -based- orr .such claim, dispute -or -other- mattes in- iueshen would he _ barresl.bY the.dRAlicable.statateafJimitatirws- _ 93_ JI>a a>var±r.endered Jay the.ashitcat rs_shall-be-finalr - _ aud.judgrneat-maybe entered wpon-it-in eecerdanee with- - - _ zap'icableJavt inanyr_crwrt having-jurisdictioa thereof. ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 103 In the event of termination not the fault of the Ar- chitect, the Architect shall be compensated for all services performed to termination date,*together with Reimburs- able Expenses then due. aid( Xlk7.Atd6rWlfikalS)Ek kikl4Xs* 09649CWR Xngt4pi0 J1 RtX (DELETED) -10.4- -Terminasion. Expenses 4ncl she expenses -di reetly-e -- -tributabfe- to-temrinatiorr for which the -Architect -is nat- -otherwiescompensatedr plus as amoons eemputed-as a-- _Itaccsatage..cif rlte_tataLBasic a tui Additianal.Compensa _ dun -earned -to -the -aft -vf rerminatlon,as *lows! - - -.t 2e percent ff-ter l thlartan-crest rs datthg tfr€ Stt a-- -maFa Pesege -Phase;or - - -.2 a 9 percent• if termination oeeursdwring-the Design- _ r)r elopment3baseror_- -.3 dimercent-if- tenni Pieties omen Boring -any sobse - g"ent phase. - ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. 11.2 Terms in this Agreement shall have the same mean- ing as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the rele- vant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment. 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consult- ants, agents and employees of the other for damages cov- ered by any property insurance during construction as set forth in the edition of AIA Document A201, General Con- ditions, current as of the date of this Agreement. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agree ments, either written or oral, This Agreement may be amended only by written instrument signed by both Owner and Architect. 8 8141-1977 AIA DOCUMENT Bill • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, O.C. 20006 *in accordance with the percentages (adjusted for actual work done) of Basic Compensation set out in Paragraph 14.2.2, • • • • ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: •' 14.1 AN INITIAL PAYMENT of FIVE THOUSAND dollars(6,000.00) shall be made upon execution of this Agreement and credited to the Owner's account a's follows: • has been made and'will be credited to the Schematic Design as per 14.2.2. Phase 14.2 - BASIC COMPENSATION - - , 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 -through 1.5, and any other services included in Article 15 as part of Basic •Services, Basic.Compensation shall be computed, as follows: • - ' (Here insert basis of compensation, including fixed amounts, multiples or percentages, and identify Phases to xithieh particular methods of compensa- tion apply, if necessary.) Basic Servieessshall be pe of $63,000.00 as broken in of $5,000.00 is given for and this credit is reflect Design Phase 14.2.2. Invo monthly or at the end of a • rformed for as a "Stipulated phases as per 14.2.2. A cr previous payment by Owner to ed in the computation for Sc ices for work completed will particular phase. • • Sum" amount edit amount Architect, hematic be tendered 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensatidn for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phases as appropriate.) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: Fifteen Percent Twenty Percent Forty Percent Five Percent Twenty "Percent • $ 4 2450. 0 0 *percent (15 %) 12 , 600.00 percent (20 %) 25,200.00 percent(40 %) ' 3,150.00 percent( 5 %) 12,600.00 percent (20 %) One Hundred Percent $ 58;000.00 100% (*$9,450.00 less $5,000.00 already paid = $4,450.00) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.62. AIA DOCUMENT 6141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 9 • • 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: I Here insert bans of compensation. Including rates and%or multiples of Direct Personnel Expense for Pannpals and employees. and identify Principals and classify employees. if required. Identity specific sewers to which parnru'ar methods of compensation apply, if necessary I It is no Services in writi applicab The hour employee amount a work is David L. t anticipated that service beyond the scope of Basic will be needed. If additional services are requested ng by the City, only then shall the following rates be le. ly rate shall be s of the corpora greeable to both started. Princi Powers, and Don Thirty-Ei tion, incl parties s pals are N aid J. Fro ght Dollars ($38.00) for all uding principals, and an hall be established before ewton L. Hailey, Jr., ning. 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7,21 or identified in Article 15 as part of Addi- tional Services, a multiple of one 1.00 times the amounts killed to the Architect for such services. (Identify specific types of consultants in Amide 1S. required' 14.5 FOR REIMBURSABLE EXPENSES, as described in Article bursable Expenses, a multiple of one pended by the Architect, the Architect's employees 5, and any other items included in Article 15 as Reim- ( 1.00 ) times the amounts ex - and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. I Hole insert any rate of interest agreed upon.) ;Usury laws and requirements under the Federal Truth m Lending Act, similar s1a1e and local sonsu til er rred,t law, and other regula b ons at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the vandily of this provision Specific legal advice should he obtained with respect to deletion modification, or other requirements such as written d&srlosures or waivers.; 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within ( 9) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. nine AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 197 • AIA® • C 1977 10 0141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20036 ARTICLE 15 OTHER CONDITIONS OR SERVICES (1) Reimbursable expenses are defined in Article 5. It is anticipated that only Paragraph 5.1.2. would be applicable for this project. (2) Article 1, Subparagraph 1.5.11. - delete the last sentence of this paragraph. (3) Article 8 - Ownership shall pertain to the original copies of all documentation for record purposes only. (4) Article 9 - this article is omitted in its entirety. (5) The "Lump Sum" cost for Basic Architectural Services has been based on the results of the structural study prepared by Northwest Engineers and furnished by the City to the Architects. If conditions are found which are contrary to said study, Architects will invoice for additional services as per Section 14.4.1 following execution of an amendment to this agreement prescribing a maximum for such billing. (6) Article 8, Paragraph 8.1 shall read: The originals of drawings and specifications as instruments of service are and shall remain the property of the Architect. The Owner shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information and reference incconnection with the Owner's construction, use and occupancy of the Project and additions thereto. (7) Article 8, Paragraph 8.2 is deleted. (8) Article 10, Paragraph 10.3 shall read: In the event of termination not the fault of the Architect, the Architect shall be compensated for all services performed to termination date, in accordance with the percentages (adjusted for actual work done) of Basic Compensation set out in Paragraph 14.2.2, together with Reimbursable Expenses then due. (9) Article110, Paragraph 10.4 is deleted. • E y. : \ • !.\ Jr 3. 4% �\.� r • v^ 44 :A ti • # 4 AIA DOCUMENT 6141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20036 R141-1977 11 • This Agreement entered into as of the day and year first written above. • • - • • • THEECITY OF FAYETTEVILLE FORTWO-OWERS•FRONING ARCHITECTS, LTD. FAYETTEVILLE, ARKANSAS FAYETTEVILLE, ARKANSAS JOHN TOfrJ MAYOR /� NEWTON L. HAILEEYY, JR.,PRESIDENT BYByt/444 ‘c ATTESTED BY CITY CLERK l htim ijtuey, 12 6141-1977 AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • IULY 1977 • AIAR • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1.35 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006