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HomeMy WebLinkAbout34-81 RESOLUTIONRESOLUTION NO. .44 1 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH DENNIS BECKER d/b/a DESIGN DIRECTION FOR ARCHITECTURAL SERVICES FOR THE CONSTRUCTION OF AN ADDITION TO THE SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE AND FOR THE REMODELING OF THE SENIOR CENTER UNDER THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Dennis Becker d/b/a Design Direction for architectural services for the construction of an addition to the Shelter for Victims of Domestic Violence and for the remodeling of the Senior Center under the City's Community Development Block Grant Program at a total architect's contract price not to exceed $5,450.00. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this dY( day of Yaveddi , 1981. rATTEST� `� i 61-7,441427,/ PC" Wiraw:a `u,+ CITY CLERIC APPROVED: C_alIFICAZE 0 atrte df .»;t:;nnsaS (( his •C:L:Y ,or FavetteV:lle (( q, V irvirn Koettel, City tlei1; +gid Eco o Faye* e 1?e r�corier far the City of Ding is by certify that the annexed or foregoing of uerora in my officsy and the sante an' nags in Ordinance Fe Resolution book page (-AILWitness mY, day. o£ hand seams enaidsi 19 I City Clerk and Ex -Officio Recorder MICROFILMED • • AGREEMENT FOR ARCHITECTURAL SERVICES FOR SENIOR CENTER AND SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE • THIS AGREEMENT, made and entered into this G)S J. day of m 1981, by and between the City of Fayetteville, Arkansas, hereinafter referred to as the "Owner", and Dennis Becker, d/b/a Design Direction, hereinafter referred to as the "Architect", WITNESSETH THAT: WHEREAS, the Owner desires to renovate the Senior Center;and construct an addition and renovate the Shelter for Victims of Domestic Violence within the City of Fayetteville; and WHEREAS, the Architect has sufficient experience to perform the work described in this Agreement, NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Owner and the Architect, the parties hereto, stipulate and agree that the Owner does hereby employ the Architect to perform the required architectural services as hereinafter set out; and the Architect agrees to provide said services. Section 1. Description of Projects Senior Center - a. Renovation of kitchen. 818 N. Sang b. New restrooms to meet State Health Department standards. c. Fire Code requirements. d. Handicapped accessibility Shelter for Victims of Domestic Violence - a. Addition of 30' X 40' area to north of 1932 S. Garland existing living room. (complete) b. Alterations to kitchen. c. Fire Code requirements. d. Installation' of new doorway and hall on south side of existing building. e. Handicapped accessibility. Section 2. Scope of Services A. B. C. D. E. Preliminary design Detailed plans and Receive bids. Administration preparation of Provide owners and cost estimates. specifications. (Bid package) of construction contract, resident inspection pay estimates and final inspection. with "As-Builts" upon completion. and Section 3. Fixed Fee I. The Architect shall provide professional services for the Projects in accordance with the Terms and Conditions of this Agreement. II. The Owner shall compensate the Architect, in accordance with the Terms and Conditions of This Agreement. A. For basic services as described in Paragraph 1.1 Basic Compen- sation shall be computed on the basis of a fixed fee of: 1. Senior Center - $2,750.00 2. Shelter for Victims of Domestic Violence - $2,650.00 EXHIBIT A • TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT Article 1. Architect's Services 1.1 Basic Services The Architect's Basic Services consist of the five phases described below and include normal structural, mechanical and electrical engineering services and any other services included in Article 11 as Basic Services. Schematic Design Phase 1.1.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Projects and shall confirm such require- ments to the Owner. 1.1.2 Based on the mutually agreed upon program, the Architect shall pre- pare Schematic Design Studies consisting of drawings and other documents illustrating the scale and relationship of Project components for approval by the Owner. 1.1.3 The Architect shall submit to the Owner a Statement of Probable Construction Cost based on current area, volume or other unit costs. All of the above described work shall be completed in two (2) weeks after the Architect receives a Notice to Proceed on the project. Design Development Phase 1.1.4 The Architect shall prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechanical and electrical systems, materials, and such other essentials as may be appropriate. All of the above described work shall be completed in three (3) weeks after the Architect receives a Notice to Proceed on the project. 1.1.5 The Architect shall submit to the Owner a further Statement of Probable Construction Cost. Construction Documents Phase 1.1.6 The Architect shall prepare from the approved Design Development Documents, for approval by the Owner, Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project including the necessary bidding information, and shall assist in the pre- paration of bidding forms, the Conditions of the Contract and the form of Agreement between the Owner and the Contractor. 1.1.7 The Architect shall advise the Owner of any adjustments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.1.8 The Architect shall assist the Owner in filing the required documents for the approval of governmental authorities having jurisdiction over the Project. All of the above described work shall be completed in five (5) weeks after the Architect receives a Notice to Proceed on the project. Bidding or Negotiation Phase 1.1.9 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 in awarding and preparing construction contracts. • • Construction Phase - Administration of the Construction Contract 1.1.10 The Construction Phas"b will commence with the award of the Construc- tion Contract and will terminate when the final Certificatefor Payment is issued to the Owner. 1.1.11 The Architect shall provide Administration of the Construction Con- tract as set forth in AIA Document A201, General Conditions of the Contract for Construction, and the extent of his duties and responsibilities and the limitations of his authority as assigned thereunder shall not be modified without his written consent. 1.1.12 The Architect, as the representative of the Owner during the Construction Phase, shall advise and consult with the Oumer and all of the Owner's instructions to the Contractor shall be issued through the Architect. The Architect shall have authority to act on behalf of the Owner to the ex- tent provided in the General Conditions unless otherwise modified in writing. 1.1.13 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.1.14 The Architect shall make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Docu- ments. On the basis of his on-site observations as an architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall. not be responsible for construction means, methods, techniques, sequences or procedures; or for safety precautions and programs in connection with the Work, and he shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 1.1.15 Based on such observations at the site and on the Contractor's Applications for Payment, the Architect shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts. 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 provided in Subparagraph 1.1.14 and the data comprising the Appli- cation for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to pay- ment in the amount certified. By issuing a Certificate for Payment, the Architect shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.1.16 The Architect shall be, in the first instance, the interpreter of the requirements of the Contract Documents and the impartial judge of the performance thereunder by both the Owner and Contractor. The Architect shall make decisions on all claims of the Owner or Contractor relating to the execution and progress of the Work and on all other matters or questions related thereto. The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. 1.1.17 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure the proper implementation of the intent of the 'Contract Documents, he will have authority to require special inspection or testing of any Work in accordance with the provisions -3- • of the Contract Documents whether or not such Work be then fabricated, installed or completed. 1.1.18 The Architect shall review and approve shop drawings, samples, and other submissions of the Contractor only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. 1.1.19 The Architect shall prepare Change Orders, to be approved by the Owner. 1.1.20 The Architect shall conduct inspections to determine the Dates of Substantial Completion and final completion, shall receive and review written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. 1.1.21 The Architect shall not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of the Contractor's or Subcontractors' agents or employees, or any other persons performing any of the work. 1.1.22 The Architect shall furnish Owner one (1) copy of "As -Built" drawings when Project is completed. 1.2 Additional Services The following services shall be provided when authorized in writing by the Owner, and they shall be paid for by the Owner. es hereinbefore provided. 1.2.1 Providing analyses of the Owner's needs, and programming the require- ments of the Project. 1.2.2 Providing planning surveys, site evaluations, environmental studies or comparative studies of prospective sites. 1.2.3 Making revisions in Drawings, Specifications or other Documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of the Architect. 1.2.4 Preparing supporting date and other services in connection with Change Orders if the change in the Basic Compensation resulting from the adjusted Contract Sum is not commensurate with the services required of the Architect. 1.2.5 Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Paragraph 1.1 as may be required in connection with the replacement of such Work. 1.2.6 Providing professional services made necessary by the default of the Contractor or by mayor defects in the Work of the Contractor in the per- formance of the Construction Contract. 1.2.7 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. 1.2.8 Providing services of professional consultants for other than the nor- mal structural, mechanical and electrical engineering services for the Project. 1.2.9 Providing any other services not otherwise included in this Agree- ment or not customarily furnished in accordance with generally accepted ar- chitectural practice. -4- 1 II • Article 2. The Owner's Responsibilities 2.1 The Owner shall provide full information; including a complete program, regarding his requirements for the Project. 2.2. The Owner shall designate, when necessary, a representative authorized to act in his behalf with respect to the Project. The Owner shall examine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Archi- tect's services. 2.3 .The Owner shall furnish the services of a soils engineer or other con- sultant when such services are deemed necessary by the Architect, including reports, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests and other necessary operations for determining subsoil, air and water conditions, with appropriate professional recommendations. 2.4 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law of the Contract Documents. 2.5 If the Owner becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, he shall give prompt written notice to the Architect. 2.6 The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. Article 3. Construction Cost 3.1 Statements of Probable Construction Cost and Detailed Cost Estimates prepared by the Architect represent his best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has any control over the cost of labor, materials or equipment, over the contractors' methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Architect cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or other cost estimate prepared by him. 3.2 If the Bidding or Negotiating Phase has not commenced within six months after the Architect submits the Construction Documents to the Owner, any fixed limit of Construction Cost established as a condition ofthis Agree- ment shall be adjusted to reflect any change in the general level of prices which may have occurred in the construction industry for the area in which the Project is located. The adjustment shall reflect changes between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 3.3. When a fixed limit of Construction Cost, including the Bidding contin- gency (adjusted as provided in Subparagraph 3.2, if applicable), is estab- lished as a condition of this Agreement and is exceeded by the lowest bona fide bid or negotiated proposal, the Detailed Estimate of Construction Cost or the Statement of Probable Construction cost, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding the Project within a reasonable time, or (3) cooperate in revising the Pro- ject scope and quality as required to reduce the probable Construction Cost. In the case of (3) the Architect, without additional charge, shall modify the Drawings and Specifications as necessary to bring the Construction Cost within the fixed limit. .The providing of such service shall be the limit of the Architect's responsibility in this regard, and having done so, the Archi- tect shall be entitled to compensation in accordance with this Agreement. -5- • Article 4. Direct Personnel Expense Direct Personnel Expense is defined as the salaries of professional, techni- cal and clerical employees engaged on the Project by the Architect, and the cost of their mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar benefits. Article 5. Reimbursable Expenses 5.1 Reimbursable Expenses are in addition to the Compensation for Basic and Additional Services and include actual expenditures made by the Archi- tect, his employees, or his professional consultants in the interest of the Project for the expenses listed in the following Subparagraph: 5.1.1 Expense of transportation and living when traveling in connection with the Project; long distance calls and telegrams; and fees paid for securing approval of authorities having jurisdiction over the Project. Article 6. Payments to the Architect 6.1 Payments on account of the Architect's Basic. Services shall be made as follows: 6c1. i/CAnni.�fi %ial pa/ "yment �'-£ort�Secti1on 3. is.the minimum payment under this Ag x ement. 6.1.2 Subsequent payments for Basic Services shall be made monthly in pro- portion to services performed so that the compensation at the completion of each Phase, except when the compensation is on the basis of a Multiple of Direct Personnel Expense, shall equal the following percentages of the total Basic Compensation. Schematic Design Phase 15% Design Development Phase 35% Construction Documents Phase 75% Bidding or Negotiation Phase 80% Construction Phase 100% 6.1.3 If the Contract Time initially established in the Construction Contract is exceeded by more than thirty days through no fault of the Architect, compen- sation for Basic Services performed by Principals, employees and professional consultants required to complete the Administration of the Construction Con- tract beyond the thirtieth day shall be computed as set forth in Section 3. for Additional Services. _ 6:2 Payments for Additional Services of the Architect as defined in Para- graph 1.3, and for Reimbursable Expenses as defined in Article 5, shall be made monthly upon presentation of the Architect's statement of services rendered. I. 6.3 No deductions shall be made from the Architect's compensation on account. of penalty, liquidated damages, or other sums withheld from payments to con- tractors. h 6.4 If the Project is suspended for more than three months or abandoned in whole or in part, the Architect shall be paid his compensation for services performed prior to receipt of written notice from the Owner of such suspen- sion or abandonment, together with Reimbursable Expenses then due and all termination expenses as defined in Paragraph 7.3 resulting from such sus- pension or abandonment. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be subject to renegotiation. 6.5 Payments due the Architect under this Agreement shall bear interest at the legal rate commencing sixty days after the date of billing. -6- • Article 7. Termination of Agreement 7.1 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. 8.2 In the even of termination due to the fault of parties other than the Architect, the Architect shall be paid his compensation for services performed to termination date, including Reimbursable Expenses then due and all termination expenses. 8.3 Termination Expenses are defined as Reimbursable Expenses directly attri- butable to termination, plus an amount computed as a percentage of the total compensation earned to the time of termination, as follows: 20 percent if termination occurs during the Schematic Design Phase; or. 10 percent if termination occurs during the Design Development Phase; or 5 percent if termination occurs during any subsequent phase. Article 8. Ownership of Documents Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether the Project for which they are made is executed or not. They are not to be used by the Owner on other projects or extensions to this Project except by agreement in writing and with appropriate compensation to the Architect. One set of "As-Builts" will be furnished the Owner. Article 9. Successors and Assigns The Owner and the Architect each binds himself, his partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreements. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Article 10. Arbitration. 10.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of, or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Con- struction Industry Arbitration Rules of the American Arbitration Associa- tion then obtaining unless the parties mutually agree otherwise. No arbitra- tion, arising out of, or relating to this Agreement, shall include, by con- solidation, joinder or in any other manner, any additional party not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by all the parties hereto. Any consent to arbitration involving an additional party or parties shall not constitute consent to arbitration of any dispute not described therein or with any party not named or described therein. This Agreement to arbitrate and any agreement to arbitrate with an additional party or parties, duly consented to by the parties hereto shall be specifically enforceable under the pre- vailing arbitration law. 10.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Associa- tion. The demand shall be made within a reasonable time after the claim, dis- pute, or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equita- ble proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 10.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. -7- Article 11. Other Conditions or Services NONE • • • Article 12. Access to Records The Owner, the U. S. Department of Housing $ Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Architect doing work under this contract which are directly pertinent to a specific grant program for the purpose of making audit, examination, excerpts, and transcriptions. Article 13. Insurance Architect shall secure and maintain such insurance as will protect him from claims under the Workmen's Compensation acts and from claims for bodily injury, death or property damage which may arise from the performance of his services under this contract. Article 14. Equal Opportunity Provisions During the performance of this Agreement, the Architect agrees as follows: A. The Architect will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. The Architect will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demo- tion, or transfer, recruitment or recruitment advertising; layoff or training, including apprenticeship. The Architect agrees to post in conspicuous place, available to employees and applicants for employment, notices to be provided by the Owner setting forth the provisions of this non-discrimination clause. B. The Architect will, in all solicitations or advertisements for employees placed by or on behalf of the Architect, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. IN WITNESS WHEREOF, the Owner has caused these presents to be executed in its behalf by its duly authorized representatives, and the said Architect by its duly authorized representatives, and the parties hereto have set their hands and seals on the date heretofore set out. 'Atr test Vivian Keettel, City Clerk Attest: CITY OF AL ETTEVILLE, ARKANSAS 0 cc John d, Mayor DENNIfl BECKER d/b/a DESIGN DIRECTION Dennis Becker