Loading...
HomeMy WebLinkAbout111-82 RESOLUTION• RESOLUTION NO. ///-8.R • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR ARCHITECTURAL SERVICES WITH DENNIS BECKER d/b/a DESIGN DIRECTION FOR THE DESIGN OF A HEAD"START CENTER. 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 an agreement for architectural services with Dennis Becker d/b/a Design Direction for design of a Head Start Center. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 74 day ofA 1982. ATTEST: 04444.4.) CITY CLERK re ' ,.N1••�\4 Y 1 APPROVED: • MAYOR • 1 • • • • 0 CONTRACT FOR ARCHITECTURAL SERVICES AGREEMENT made this 2,81°11. day ofST�`., 1982, BETWEEN the Owner: The City of Fayetteville, and e.Architect: Design Direction, For the following Project: Headstart Facility Fayetteville, Arkansas 72701 "—Scope of Work: The Architect shall perform as directed by the City all of the below listed necessary services required in'developing the full plans and specifications for the construction of a structure containing approximate- ly 3,500 square feet to house the Headstart Facility. 1. Driveway and parking 2. Windows accessible to children 3. Four (4) classrooms for a total of 60 to 70 children, two class- rooms which'would be 20' X 22', and two of which ideally would be 35' X 20' 4. Passive solar including southern exposure, solar collectors, etc. 5. Each classroom to contain closet/storage area and restroom 6. Teacher's lounge and restroom 7. Fully equipped kitchen (to include kitchen equipment) 8. Parent and counseling room 9. Other resource, storage rooms and meeting rooms 10. One central heating unit 11. Three zone air conditioning 12. Bathroom for kitchen Building may be one or two stories but kitchen and classrooms to be ground level. All design must meet minimum standards of: Southern Building Code; Section 504 (handicapped); City of Fayetteville Fire Safety codes; Day Care Services license requirements; Arkansas Department of Health rules and regulations; and zoning and building codes of the City of Fayetteville. I. PRELIMINARY DESIGN A. Basic Drawings. The work to be done under this item shall consist of the following: 1. Plans showing interior and exterior design 2. Design to be furnished on 22" or 24" Xe 36'_' plan --sheets 3. Design and Cost estimate 4. The construction cost estimate B. Preparation of Detailed Plans and Specifications. Work to be done under this item shall consist of the following: 1. After presenting the preliminary design to the City, the City will determine what changes, if any, will be made and then the Architect will proceed with preparation of detailed plans and specifications. II. Construction Management. Architect to provide project management and resident inspection during construction in order to certify contractor's compliance with specifications and to prepare periodic estimates for contractor. COMPENSATION. -2- The Architect shall provide professional services for the Project in accordance with the Terms and Conditions of this Agreement. I1. 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 1.1 through 1.1.9 Basic Compensation shall be computed on the basis of a Fixed Fee of Six Thousand Six Hundred Fifty and no/100 Dollars ($6,650.00). -For Construction -Phase as described in 1:1:10 through 1.1.21 Compensation shall be computed on the basis of Twenty -Five and no/100 Dollars.($25.00) per hour for Architect, but will not exceed One Thousand and no/100 Dollars ($1,000.00), for construction observation. B. For Additional Services, as described in Paragraph 1.3, compensation computed as follows: 1. Principals' time at the fixed rate of Twenty-five dollars ($25.00) per hour. For the purpose of this Agreement, the Principal is: Dennis J. Becker. 2. Employee's time (other than Principal) at a multiple of .1.25 times the employee's Direct Personnel Expense as defined in Article 4. 3. Services of professional consultants at a multiple of 1.0 times the amount billed to the Architect for such services. C. For Reimbursable Expenses, amount expended as defined in Article 5. 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 elec- trical engineering services and any other services included in Article 13 as Basic Services. Schematic Design Phase 1.1.1 The Architect shall review the program furnished by the Owner to as- certain the requirements of the Project and shall confirm such requirements 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 Owner. 1.1.3 The Architect shall submit to the Owner a Statement of Probable Con- struction Cost based on current area, volume or other unit costs. 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, mat- erials and such other essentials as may be appropriate. -3- 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 Docu- ments, for approval by the Owner, Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project includ- ing the necessary bidding information, and shall assist in the preparation 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 Pro- ject. 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. Upon completion of the construction, the Architect shall furnish the Owner with two (2) sets of "As -Built" Plans. 1.1.10 The Construction Phase will commence with the award of the Construc- tion Contract and will terminate when the final Certificate for Payment is issued to the Owner. 1.1.11 The Architect shall provide Administration of the Construction Con- tract asset 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 Con- struction Phase, shall advise and consult with the Owner 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 extent 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 Documents. 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 Con- tractor. The Architect shall not be required to make exhaustive or contin- uous on-site inspections to check the quality or quantity of the Work. The Architect shall not be responsible for construction means, methods, techni- ques, 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. i -4- • • 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 fdr Payment in such amounts. The issurance 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 1.1.74 and the data comprising the Ap- plication 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 state in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. By issuring a Certificate for Payment, the Archi- tect 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 re- lated thereto. The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Docu- ments. 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 of the Contract Documents whether or not such Work be then fabricated, in- stalled 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. 1.1.20 The Architect shall conduct inspections to determine the Date of Sub- stantial Completion and final completion, shall receive andreview 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 Sub- contractors' agents or employees, or any other persons performing any of the Work. 1.2 Project Representation Beyond Basic Services 1.2.16 If more extensive representation at the site than is described under Subparagraphs 1.1.10 through 1.1.21 inclusive is required, and if the Owner and Architect agree, the Architect shall provide one or more Full -Time Pro- ject Representatives to assist the Architect. 1.2.2 Such Full -Time Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed between the Owner and the Architect as set forth in an ex- hibit appended to this Agreement. 1.2.3 The duties, responsibilities and limitations of authority of such Full -Time Project Representatives shall be set forth in an exhibit appended to this Agreement. -5- 1.'2.4 Through the on-site observations by Full -Time Project Representa- tives of the Work in progress, the Architect shall endeavor to provide fur- ther protection for the Owner against defects in the Work, but the furnish- ing of such project representation shall not make the Architect responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs, or for the Contractor's failure to perform the Work in accordance with the Contract Documents. 1.3 Additional Services - The following Services shall be provided when authorized in writing by the Owner,and they shall be paid for by the Owner as hereinbefore provided. 1:3; ^•Providing analyses of.the•Owner's needs, *and programming the require- ments of the Project. 1.3.2 Providing financial feasibility or other special studies. 1.3.3 Providing planning surveys; site evaluations, environmental studies or comparative studies of prospective sites. 1.3.4 Providing design services relative to future facilities, systems and equipment which are not intended to be constructed as part of the Project. 1.3.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the Owner. 1.3.6 Preparing documents for out -of -sequence services requested by Owner. 1.3.7 Providing Detailed Estimates of Construction cost or detailed quantity surveys or inventories of material, equipment and labor 1.3.8 Providing interior design and other services required for or in con- nection with the selection of furniture and furnishings. 1.3.9 Providing services for planning tenant or rental spaces 1.3.10 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. 1.3.11 Making investigations involving detailed appraisals and valuations of . existing facilities, and surveys or inventories required in connection with construction performed by the Owner. 1.3.12 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 connec- tion with the replacement of such Work. 1.3.13 Providing professional services made necessary by the default of the Contractor or by major defects in the Work of the Contractor in the perform- ance of the Construction Contract. 1.3.14 Preparing a set of reproducible record prints of drawings showing significant changes in the Work, made during the construction process, based on marked -up prints, drawings and other date furnished by the Contrac- tor to the Architect. 1.3.15 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, adjusting and balancing, pre- paration of operation and maintenance manuals, training personnel for oper- ation and maintenance, and consultation during operation. -6- 1.3.16 Providing services after issuance to the Owner of the final Certi- ficate for Payment. 1.3.17 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. 1.3.18 Providing services of professional consultants for other than the normal structural, mechanical and electrical engineering services for the Project. 1.3.19 Providing any other services not otherwise included in this Agreement or -not customarily furnished -in accordance•with-generally accepted archi- tectural practice.. 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 a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimen- sions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. - 2.4 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. 2.5 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.6 The Owner shall furnish such legal, accountingand.insurance counseling services as may be necessary for the Project, and such auditing services as he may require to ascertain how or for, what purposes the Contractor has used the moneys paid to him under the Construction Contract. 2.7 The services, information, surveys and reports required by Paragraphs 2.3 through 2.6 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.8 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 thereof to the Architect. - 2.9 The Owner shall furnish invormation required of him as expeditiously as necessary for the orderly progress of the Work. ,. -7- Artici& 3. Construction Cost 3.1 Statement of Probable Construction Cost and Detailed Cost Estimates prepared by the Architect represent his best judgment as a design profess- ional 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. Article 4. Direct Personnel Expense Direct Personnel Expense is defined as the salaries of professional, tech- nical 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 Subparagraphs: 5.1.1 Expense of transportation and living when traveling in connection with the Project; long distance calls and telegrams; and fees paid for se- curing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings and Speci- fications excluding duplicate sets at the completion of each Phase for the Owner's review and approval. 5.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates and expense of renderings or models for the Owner's use. 5.1.4 Expense of computer time for professional services when included in Paragraph II. Article 6. Payments to the Architect 6.1 Payments on account of the Architect's Basic Services shall be made as follows: 6.1.1 Payments for Basic Services shall be made in proportion to services performed so that the compensation at the completion of each Phase, except when the compensation is on the basis .of a Mutliple of Direct Personnel Expense, shall equal the following percentages of the total Basic Compensa- tion: Schematic Design Phase 15% Design Development Phase 35% Construction Documents Phase 75% Bidding or Negotiation Phase 100% Construction Phase Monthly 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. . • -8- • 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. 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 8.3 resulting from such suspen- sion or abandonment. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be subject --to renegotiation. Article 7. Architect's Accounting Records Records of Reimbursable Expenses and expenses. pertaining. to Additional Services on the Project and for services performed on the basis of a Mul- tiple of Direct Personnel Expense shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized re- presentative at mutually convenient times. Article 8. Termination of Agreement 8.1 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 event of termination due to the fault of parties other than the Architect, the Architect shall be paid his compensation for services per- formed to termination date. 8.3 Termination of Contract for Cause - If, through any cause, the Archi- tect shall fail to fulfill in timely and proper manner his obligations under this Agreement, or if the Architect shall violate any of the covenants, agree- ments, or stipulations of this Agreement, the Owner shall thereupon have the right to terminate this Agreement by giving written notice to the Archi- tect of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Architect under this Agreement shall, at the option of the Owner become its property, and the Architect shall be entitled to receive just and equit- able compensation under this Agreement for -any satisfactory work completed on such documents. Notwithstanding the above, the Architect shall not besrelieved of liability to the Ownerfor damages sustained by the Owner by virtue of any breach of the Agreement by the Architect, and the Owner may withhold any payments to the Architect for the purpose of setoff until such time as the exact amount of damages due the Ownet from the Architect is determined. Article 9. Ownership of Documents Drawings and Specifications prepared by Architect under this Agreement shall be the property of the Owner. Article 10. 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 Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. -9- • 4 I Article 11. Extent of Agreement • This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representa- tions or agreements, either written or oral. This Agreement may be amended only by written instrument signed by.both Owner and Architect. Article 12. Governing Law Unless otherwise specified, this Agreement shall be governed by the law of the State of Arkansas. Article 13. Other Conditions or Services 13.1 Compliance with Local Laws - The Architect, shall comply with all appli- cable laws, ordinances, and codes of the state and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this Agreement. 13.2 Access to Records - The Owner, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, docu- ments, papers and records: of the Architect doing work under this Agreement which are directly pertinent to a specific grant program for the purpose of making audit, examination, excerpts, and transcriptions. 13.3 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 Agreement. 13.4 Equal Opportunity Provisions - During the performance of this Agree- ment, the Architect agrees as follows: 13.4.1 The Architect will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national ori- gin. The Architect will take affirmative action to ensure that applicants are employed, and that 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, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Architect agrees to post in con- spicuous places, available to employees and applicants for employment, no- tices to be provided by the Contracting Officersetting forth theprovisions of this nondiscrimination clause . ._. 13.4.2 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. 13.5 Conflict of Interest 13.5.1 Interest of Owner - No officer, employee, or agent of the Owner who exercises any functions or responsibilities in the review or approval or iii connection with the carrying out of the project to which this Agreement per- tains shall have any personal interest, direct or indirect, in this Agreement. 13.5.2 Interest of Certain Federal Officials - No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise herefrom. • -10- • • • 13.5.3 Interest of Architect - The Architect covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above described project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Architect further covenants that in the performance of this Agreement, no person having any such interest shall be employed. All plans and specifications prepared by the Architect under this Agreement shall become the property of the Owner and may be used by the Owner for construction purposes upon payment of the consideration due the Architect hereunder for preparation of said plans and specifications. The Architect, at the Architect's expense', shall furnish the Owner two (2) copies of "As -Built" drawings of the Project. 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. CITY OF FAYETTEVILLE, ARKANSAS, Owner ATTEST: DESIGN DIRECTION, Architect By Dennis J