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HomeMy WebLinkAbout11-86 RESOLUTIONRESOLUTION NO. 11-86 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MODIFICATION TO THE CITY'S ARCHITECTURAL SERVICES CONTRACT WITH MOIT, MOBLEY, MCGOWAN & GRIFFIN, P.A. TO PROVIDE FOR ADDITIONAL SERVICES IN THE PREPARATION OF A PRELIMINARY DESIGN PLAN FOR THE FAYETTEVILLE CENTER FOR THE ARTS. BE TT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETI'EVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a modification to the City's architectural services contract with Mott, Mobley, McGowan.& Griffin; P.A. to provide for additional Services in the preparation of a preliminary design plan for the Fayette- ville Center for the Arts. A copy of the modification authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this I "• . ; I • . r •• rs . • "•Sn t.• r .'4 . */'aga r . .y, 14th day of January APPROVED By aeet Mayor , 1986. 1. MICROFILMED FAYETTEVILLE, ARKANSAS P. D. DRAWER F January 29, 1986 John Mott MOTT MOBLEY McGOWAN & GRIFFIN, P.A. 302 North Sixth Street Fort Smith, Arkansas 72901 Dear Mr. Mott: 72702 Enclosed is a Modification of Architectural Services Contract which was approved by the Fayetteville Board of Directors on January 14, and which has been signed by the Mayor. The City Attorney has asked that I forward this contract to you, with a request that you attach an hourly rate schedule to the document. After the contract has been signed and the schedule attached, please make a copy for your records and return the original to me. Thanks. Sincerely, Suzae Kenney City Clerk (501) 521-7700 • r Mott Mobley McGowan & Griffin, P.A.: Architects 302 North Sixth Street Fort Smith, Arkansas 72901 Telephone (501) 782-1051 February 3, 1986 Suzanne Kennedy City Clerk City of Fayetteville P.O. Drawer F Fayetteville, AR 72702 Re: Project No. 1329 Preliminary Design Study Fayetteville Arts Center Fayetteville, Arkansas Dear Ms. Kennedy: The signed Modification of Architectural Services Contract is enclosed. As requested, we have added Exhibit 'B', the hourly rate schedule, to it. Sincerely, MOTT MOBLEY McGOWAN & GRIFFIN, P.A. John K. Mott, FAIA m • MM MG MODIFICATION OF ARCHITECTURAL SERVICE'S CONFRP T This MODIFICATION OF ARC URAL SERVICES CONFRACT executed this 14th day of January , 1986, by and between the City of Fayetteville, Arkansas, hereinafter called the "Owner", and Mott, Mobley, McGowin & Griffin, P.A., hereinafter called the "Architect". WHEREAS, the Owner and the Architect have entered into an Archi- tectural Services Agreement dated August 6, 1985, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference thereto; and WHEREAS, the Owner desires for the Architect to provide additional services under said contract. NOW, THEREFORE, the Owner and the Architect hereby mutually agree that the Architectural Services Contract attached hereto marked Exhibit "A" is hereby modified as follows: 1. Article 1 of said contract is amended by adding Paragraph 1.11 to read as follows: 1.11 Assist a Joint Planning Committee composed of the Fayette- ville Arts Center Board and a like number of representatives appointed by the provost of the University of Arkansas, Fayetteville campus, in preparing a report to the Fayette- ville Board of Directors and the Board of Trustees of the University regarding the feasibility of a joint City -University Arts Center. The report shall be submitted not later than April 15, 1986 and shall include: (a) A general recommendation as to whether a common operation will best serve the art needs of the area, (b) A general plan for the size and character of the facility; (c) A preferred location for the Arts Center; (d) An estimate of the total capital cost; (e) A time table for construction; (f) A recommended financing structure; (g) A recommended structure for the long term management and maintenance of the Arts Center; (h) An estimate of annual operating costs; and (i) A plan for funding of on-going operational expenses. • -2- 2. Paragraph 10.2 of the Architectural Contract attached hereto marked Exhibit "A" is hereby amended by adding the following: For the services described in Paragraph 1.11., additional compensation based upon the hourly rates reflected in Exhibit "B" attached hereto and made a part hereof but not to exceed a total of Two Thousand Five Hundred Dollars ($2,500.00). This ICDIFICAT•ION OF CONTRACT executed on the date first above written. ATTEST ATTEST CITY OF FAYErYbVU LF, ARKANSAS • MOTT, MOBLEY, MCGOWAN, & GRIFFIN, P.A. By: C51CAki_or Title: VICE P2S.-SI.A-r-1.T - -4 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document 8727 Standard Form of Agreement Between Owner and Architect for Special Services 1979 EDITION THIS DOCUMENT IS FOR USE WHEN OTHER B -SERIES DOCUMENTS ARE NOT APPROPRIATE THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the Sixth Hundred and Eighty -Five '7 ) A day of August in the year of Nineteen BETWEEN the Owner: CITY OF FAYETTEVILLE, ARKANSAS and the Architect: MOTT MOBLEY McGOWAN & GRIFFIN, P.A. Fort Smith, Arkansas An Arkansas Corporation For the following Project: • (Include detailed description of Project location and scope.) DESIGN STUDY Arts Center Fayetteville, Arkansas The Owner and the Architect agree as set forth below. Copyright 1972, © 1979 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Repro- duction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United Stales and will be subject to legal prosecution. _ AIA DOCUMENT B727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIAK • ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, U.C. 20006 B727 — 1979 1 ARTICLE 1 ARCHITECT'S SERVICES (Here tis those services to be provided by the Architect under the Terms and Conditions of. this Agreement. Note under each service listed the method and means of compensation to be used, r1 applicable, as provided in Article 10) 1.1 Prepare a space utilization questionnaire to be distributed to potential users of the facility. 1.2 Tabulate data submitted by the Arts Center Board gathered from question- naires and other sources. 1.3 Lead meetings to review the information submitted through the question- naires and draw out additional information from those attending through questions posed by the architect. 1.4 Prepare a preliminary written program detailing individual space require- ments, seating requirements, equipment requirements, etc. Submit a draft for review prior to finalizing the program which will be used throughout the remainder of the study. 1.5 In conjunction with the Arts Center Board review the total number of avail- able sites and select three for further study, one of which may include an existing structure proposed for reuse. 1.6 Prepare a study of each of the three sites. The study will, be accomplished by the establishment of site criteria for an Arts Center, such as building constraints, land costs, access, suitability for purpose, traffic patterns, and parking. Each site will be rated according to the criteria. The end result will be a recommendation as to which site is most suitable for the Arts Center. The study will be supported by sketches illustrating various site considerations existing at each location. 1.7 Prepare design sketches. sufficiently detailed to allow the preparation of cost estimates. Sketches will not be of such detail or graphic quality to be suitable for display. If an existing building is proposed for use through renovation and, following the site evaluation, appears to be worth further consideration the design sketches will be such that a comparison of a new structure versus renovation of the existing one can be made. 1.8 Prepare construction cost estimates based on the information developed in the design sketches. 1.9 Conduct an economic impact study -to determine the potential benefits to the City from the project including the impact directly related to the construc- tion project itself, facility income projections, a projection about numbers of jobs directly or indirectly created by the Arts Center, the projected im- pact on businesses in the vicinity of the project, projections as to in- creased hotel/motel/restaurant tax generated because of the building, and the impact on the City of Fayetteville in terms of what makes the locale more attractive to industry and others because of the presence of the Arts Center. 1.10 Prepare a report which will include the building design program, an outline of the site evaluation process and a recommendation of the most suitable site with supporting material, a cost breakdown, and an outline of the economic benefits which can be expected. AIA DOCUMENT B727 • SPECIAL SERVICES AGREEMENT • IUNE 1979 EDITION • AIAO • ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 8727 - 1979 2 • TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide hill information regarding requirements for the Project. (See 11.1) 2.2 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 Architect's services. 2.3 The Owner shall furnish required information as ex- peditiously as necessary for the orderly progress of the Work, and the Architect shall be entitled to rely upon the.. accuracy and completeness thereof. ARTICLE 3 DIRECT SALARY AND DIRECT PERSONNEL EXPENSE 3.1 Direct Salary Expense is defined as.the direct salaries of all the Architect's personnel engaged .on the Project, but does not include the cost of contributions and bene- fits related thereto, whether mandatoryor customary, as described in Paragraph 3.2, and included in Direct Per- sonnel Expense. 3.2 Direct Personnel .Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave,. holidays, vacations, pen- sions, and similar contributions and benefits. ARTICLE 4 '(Deleted by REIMBURSABLE EXPENSES 11.2) 4.1 Reimbursable Expenses are in addition to the Archi- tect's compensation and include actual expenditures made by the Architect and the Architect's employees and consultants in the interest of the Project for the expenses listed in the following Subparagraphs: . 1 expense of transportation and living expenses in connection with out-of-town travel authorized by the Owner, .2 long distance communications, .3 fees paid for securing approvals of authorities hav- ing jurisdiction over the Project,• .4 reproductions, . 5 postage and handling of documents, .6 renderings and models requested by the Owner, .7 data processing and photographic production techniques when used in connection with Addi- tional Services, . 8 expense of overtime work requiring higher than regular rates, if authorized by the Owner. ARTICLE 5 (Revised by 11.3) PAYMENTS TO THE ARCHITECT 5.1 Payments on account of the Architect's services, and for Reimbursable Expenses as defined in Article 4, shall be made monthly upon presentation of the Architect's state- ment of services rendered or as otherwise provided in this Agreement. 5.2 An initial payment as set forth in Paragraph 10.1 is the minimum payment under this Agreement 5.3 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 re- ceipt of written notice from the Owner of such suspen- sion or abandonment, together with Reimbursable Ex- penses then due and all Termination Expenses as defined in Paragraph 8.4. If the Project_ is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 6 (Deleted by 11.4) ARCHITECT'S ACCOUNTING RECORDS 6.1 Records of Reimbursable Expenses and expenses pertaining to services performed on the basis of a Multiple of Direct Salary or 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 7 (Deleted by ARBITRATION 11.5) 7.1 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 Construc- tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining -unless the parties mutu- ally agree otherwise. No arbitrationarising out of or re- lating to this Agreement shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent con- taining a specific reference to this Agreement and signed by the Architect, the Owner and any other person sought to be joined. 'Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This agree- ment to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 7.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute 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 equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. AIA DOCUMENT 6727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIAA • 01979 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 8727 — 1979 3 • • 7.3 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. 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 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. 83 In the event of termination not the fault of the Architect, the Architect shall be compensated for all ser- vices performed to the termination date.-tegetherwitfr i@161id inks - Terfdaa$rrelmaNdiPer nireiervet- pancr sdanR.flgrspli64. 8.4 Termination Expenses are defined as Reimbursable (Deleted Expenses directly attributable to termination for which by 11.6) the Architect is not otherwise compensated, plus an amount computed as a percentage of the compensation earned to the time of termination, as follows: For Services provided on a Multiple of Direct Salary or Direct Personnel Expense basis, 20% of the total expenses incurred to the time of termination; For Services provided' on a Fixed Fee basis, 10% of the Fixed Fee earned to the time of termination. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. 9.2 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 date payment is due to the Architect pursuant to Article S. 9.3 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. 9.4 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. AIA DOCUMENT R727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIA® • 01979 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 8727 — 1979 4 • ARTICLE 10 BASIS OF COMPENSATION The Owner shall compensate the Architect for the services provided, in accordance with Article 5, Payments to the Archi- tect, and the other Terms and Conditions of this Agreement, as follows: 10.1 AN INITIAL PAYMENT of NONE dollars ($ shall be made upon execution of this Agreement and credited to the Owner's account as follows: NONE 10.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, -Architect's Services, shall be corn- puted as follows: (Here insert basis of compensation, including fixed amounts, multiples or percentages, and identity the services to which particular methods of compen- sation apply, if necessary.) A total amount of Nine Thousand Six Hundred Dollars (.$ 9,600.00) 10.3 FOR REIMBURSABLE EXPENSES, as described in Article 4, and any other items included in Article 11 as Reimburs- able Expenses, a multiple of ( ) times the amounts expended by the Architect, the Architect's employees and consultants in the interest of the Project. (Deleted by 11.4) 10.4 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. (Heie insert any rate of interest agreed upon.) 10% (Usury laws and requirements under the federal Truth in Lending Act, similar stare and and Architect's principal places 01 business.. the location of the Project and elsewhere should be obtained with respect to deletion, modification or other requirements such Inca) consumer credit laws and other regulations at the Owner's may affect the validity al this provision. Specific legal advice JS written disclosures or waivers.) AIA DOCUMENT B727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIAau • ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 B727 — 1979 5 • r x10.5 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 10.5.1 IF THE SCOPE of the Project. er of the Architect's services is changed materially, the amounts of compensa- tion shall be equitably adjusted. 10.5.2 IF TIff SERVICES covered by This Agreement have not been completed within Six 1 6 I months of the date hereof, through no fault of the Architect, the amounts of compensation, rales and multiples set forth herein shall be equitably adjusted. ARTICLE 11 OTHER CONDITIONS 11.1 The Owner will provide: 11.1.1 Provide a temporary work space for the architect's team in or near City Hall where work can be done during the site evaluation, design and cost estimating phase of work. It should be large enough to hold three drawing boards and to allow room for board members to congregate during the design process. 11.1.2 Furnish data already collected concerning building requirements. 11.1.3 •Distribute the space utilization questionnaire prepared by the architect to potential building users and collect completed ques- tionnaires. 11.1.4 Select representatives of the various arts groups to meet with the architect and board for the purpose of providing additional infor- mation concerning building requirements. The meeting will be scheduled by the board. 11.1.5 Review the draft of the building program. Meet with the architect to make corrections and/or additions. 11.1.6 Assemble a list of available sites from which three will be select- ed by the board and architect for further evaluation. 11.1.7 Furnish information for site evaluation including land cost, plat and .limited topographical data, and current usage of land surround- ing each site. 11.1.8 Based on the site evaluation study select the preferred site to be used for development of the building design and cost estimate. 11.1.9 Review design sketches throughout the design process. 11.1.10 Provide the following information for use in preparing the economic study: a. Available demographic data. b. 1982 business census. c. Hotel/motel/restaurant tax and sales statistics. d. Recent local wage and salary rates by business category. e. 1981-85 Yellow Pages for selected business categories, or business counts by four digit SIC code for 1981-85. f. Estimated attendance and income figures at recent local attractions, similar to those proposed for the facility. AIA DOCUMENT 1777 • SPLCIA( SERVICES AGREEMENT • ION( 1179 101110N • AIA* • 01979 THE AM(RICAN INSTI1UI( 01 ARCHITECTS. 1715 NEW YORK AVE., N W. WASHINGTON, UC 20306 6727-1979 Sa • g. Estimates of performance types, fees, and numbers in the new facility. h. Recent local business attraction, retention, and loss activities. 11.1.11 Review of all material prior to architect's preparation of written report. 11.2 ARTICLE 4 REIMBURSABLE EXPENSES Deleted in its entirety. 11.3 ARTICLE 5 PAYMENTS TO THE ARCHITECT Revise to read as follows: "5.1 Payment on account of the Architect's services shall be made in full upon completion of the Project. Payment is due within 30 days of receipt of invoice by the Owner." "5.2 If the Project extends for more than a two month period the Archi- tect shall be compensated at the end of the two month period on the basis of the percentage of work completed." 11.4 ARTICLE 6 ARCHITECT'S ACCOUNTING RECORDS Deleted in its entirety. 11.5 ARTICLE 7 ARBITRATION Deleted in its entirety. 11.6 ARTICLE 8 TERMINATION OF AGREEMENT Delete Paragraph 8.4 in its entirety. 11.7 PARAGRAPH 10.3 FOR REIMBURSABLE EXPENSES Deleted in its entirety. This Agreement entered into as of the day and year first written above. OWNER ARCHITECT CITY OF FAYETTEVILLE, ARKANSAS MOTT MOBLEY McGOWAN & GRIFFIN, P.A. AIA DOCUMENT 8727 • SPECIAL SERVICES AGREEMENT • IUNE 1979 EDITION • AIAS • C01979 1111 AM( RICAN INSTITUT( Of AR(I'1(C1S. 1715 NEW YORK .AVE. N.W., WASHINGTON, p_ C. 2([1yµ 8727 - 1979 6 EXHIBIT '8' HOURLY RATE SCHEDULE John K. Mott $56.25 per hour H. Gordon Brooks $40.00 per hour Drafting support $21.00 per hour Clerical support $16.00 per hour