HomeMy WebLinkAbout13-92 RESOLUTIONRESOLUTION NO. 11-99
A RESOLUTION AUTHORIZING A MODIFICATION TO THE
ARCHITECTURAL CONTRACT WITH NEWTON HAILEY &
ASSOCIATES CHANGING THE LOCATION OF THE WORK
TO BE PERFORMED ON THE PEG TELEVISION FACILITY
FROM THE OZARK MOUNTAIN SPORTS BUILDING TO THE
101 WEST ROCK STREET BUILDING.
1
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYEITEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a architectural contract with
Newton Hailty & Associates changing the location of the work to be
perform on the PEG television facility from the Ozark Mountain
Sports Building to the 101 West Rock Street Building. A copy of
the contract modification authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 21st day of January , 1992.
ATTEST:
By
APPROVED:
r�
By: ":-..der
Mayor
THE CI'Y OF FAY ET'FYI .E. ARKANSAS
December 18, 1991
MEM
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This memo is to serve as a change of project location. The Owner
Architect Agreement dated 05-01-91 is to be amended as follows:
1. Front Page:
For the following Project:
Change: Addition and Renovation for the former Ozark
Mountain Sports Building, School Avenue
To read: Renovation to City of Fayetteville - owned buildings
at 101 West Rock Street.
No other changes on this page.
2. Page 8:
Change Article 11.2.1 to read as follows: For Basic Services,
as described in Article 2, and any other services included in
Article 12 as part of Basic Services, Basic Compensation shall
be computed as follows: The basic services as outlined in
this Agreement shall be based on the State Building Services
Schedule of 07.25% of the Construction Cost as described under
Article Five.
3. Page 10:
A) Change paragraph 12.2 to read as follows: For owner
budget purposes, reimbursable expenses such as
reproduction and long distance telephone expenses should
not exceed $600.00 (including multiplier), without
Owner's written approval.
8) Change paragraph 12.3 to read as follows: The fee for
basic architectural services is calculated at 07.25% of
the estimated cost of $106,900, in the amount of
$7,750.25
C) Add new paragraph 12.4 to read as follows: THe cost to
field measure the building at 101 West Rock is $500.00.
'13 WEST MOUNTAIN 72701 50' 521-770C
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MEMO, dated December 18, 1991
Modification to Owner Architect Agreement
Page 2
D ) Add new paragraph 12.5 to read as follows: Architectural
services previously paid under invoice 01 dated September
6, 1991, for $540, and building evaluation services
performed under Purchase Order *30219, dated December 3,
1991, in the amount of $580.00 are included in the new
contract fee of $10,370.25.
E ) Add new paragraph 12.6 to read as follows: The fee for
a seismic study for compliance with earthquake resistant
construction code requirements is $400.
Fee Recap --
Reimbursable Expenses
Basic Fee
Field measure
Sept. 6th Invoice
Building evaluation
Seismic study
TOTAL
Not to Exceed
$ 600.00
$ 7,750.25
500.00
540.00
580.00
400.00
$ 10,370.25
Amount is $ 13,419.00
Thus leaving a $3,048.75 contingency
additional services is required.
New
on L. Hailey,
Pres.
/WV" I
'City of Fayetteville,/ Arkansas
for
requested
3.35
r
HAI LEY/AS SOCIATES/ARCH ITECTS, P.A.
Post Office Box 790 First Place Building. Suite 440 112 West Center Street Fayette i..e, AR 72702
MEMO
This memo is to serve as a change cf project location. The Owner -
Ar.hitect Agreement dated 05 01-91 is to be amended as follows:
1. Front Page:
For the following Project:
Charge: Addition. and Renovation for the former Ozark
Mountain Sports Building, School Avenue
To read: Renovation. to City of Fayetteville -owned
building at 131 West Rock Street
No other changes or. this page.
2. Page 10:
A) Delete Paragraph 12.2 in its entirety. This estimated
$1,100 is new included in the basic fee of $13,419.
B; Add new Paragraph 12.4 to read as follows:
The estimated cost to field measure the building
at 101 West Rock is $5CC and is included '.n the
basic fee cf $13,419.
C; Add new Paragraph 12.5 to read as follows:
Architectural invoice to the City dated 09-06-91 for
$540 for services performed on original site (School.
Avenue; is included in the basic fee of $133,419.
D; Add new Paragraph 12.6 to read as fo::ows:
Architectural fee for work at West Rock Street
site is $9,75.0.
Fee Recap .- Basic $ 9,750.CC
Sept. 6th Invoice 540.00
Field Measure at
West Rock Street 5CC.CC
Reimbursable Expense + 1.1CG.GC
T OTA I, $11,890.00
Net-tc-Exceed Amcant is $13,419.00
Thus leaving a $ 1,529.CC contingency for
r--quest"d additional services if required.
/
LA lit 1 __ .:122/2-
ewton ,. 1 AIA, Pres. City of Fayetteville, rkansan
lelephone 501 442-5565 EA. 501 -4244449
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AGENDA REQUEST
For the Board meeting of Le rtvrir i / 97 f
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3.08
FROM:
2.721. td Crx
Name
Iv
Division
Department
BOARD ACTION REQUESTED:
eitil a .,y h'a k -'5C( S 4:h?t}C/'/pf(/ PSC. /.QiTb, f�
COST TO CITTI
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Cost of this requset
of Program completed
4 t3 4-11
Line it budgeted amount Account name
/C{
p�n�tc. he ss !L tPIS•L..
5q0
Funds used to date Account Number
141z, o7'1
Remaining balance
BUDGET REVIEW:
i}dgeted Item
Aorit42).
Budget Coordinator
Budq
�¢iuetment Attached
,V1Ai
Administrative Services Director
CONTRACT/LEASE REVIEW:
F nance Dir
Sternal Auditor
Date
,17 Sly /5/
Date
-..'1-1t
Date
y;
Date
GRANT APPLICATION REVIEW:
Internal Auditor
Date
STAFF RECOMMENDATION:
1 c`.
is et, jo]v ,/
Division Head
Date
Deparl}meDirector
Cta
Date
to-u-ctc
Adminietrative,yrvicee Director Date
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Date "
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1E41"I LI.1;
'NE C TV OF FAYETTEV.LLE ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Fayetteville City Board of Directors
THRU: Scott C. Linebaugh, City Menagerie`
FROM: Don Munsell, Public Works Director
David S. Cox, Assistant to the Public Works Director
DATE: September 27, 1991
SUBJ: public Access Television Facilities
Current estimates for construction to renovate the property
purchased on Spring Avenue, exceed the budget for facilities for
Public Access Television and Fayetteville Open Channel. An
alternative location for housing Open Channel has been identified
in city owned property at 101 W. Rock Street.
It has been determined that this facility will meet the needs of
Open Channel and can be improved within the budget for this
project. This change in location is acceptable to the Open Channel
board of directors. Therefore a modification to the architectural
contract with Newton Hailey and Associates, changing the location
of the project, is forwarded for your approval. This will not
change the contract amount of $13,419.
DSC/dsc
attachment
3.09
3.10
HAI LEY/ASSOCIATES/ARCH ITECTS, P.A.
Post Office Box 790 F:rs: Place Building, Suite 440 112 West Center Street Fayette\ille, AR 72702
MEMO
This memo is to serve as a change of project location. The Owner -
Architect Agreement dated 05-01-91 is to be amended as follows:
1. Front Page:
For the following Project:
Change: Addition and Renovation for the former Ozark
Mountain Sports Building, School Avenue
To read: Renovation to City of Fayetteville -owned
building at 101 West Rock Street
No other changes on this page.
2 Page 10:
A) Delete Paragraph 12.2 in its entirety. This estimated
$1,100 is now included in the basic fee of $13,419.
B) Add new Paragraph 12.4 to read as follows:
The estimated cost to field measure the building
at 101 West Rock is $500 and is included in the
basic fee of $13,419.
0) Add new Paragraph 12.5 to read as follows:
Architectural invoice to the City dated 09-06-91 for
$540 for services performed on original site (School
Avenue) is included in the basic fee of $13,419.
D) Add new Paragraph 12.6 to read as follows:
Architectural fee for work at West Rock Street
site is $9,750.
Fee Recap -- Basic $ 9,750.00
Sept. 6th Invoice 540.00
Field Measure at
West Rock Street
Reimbursable Expense
TOTAL
Not -to -Exceed Amount is
Thus leaving a
requested addit
Newton , Pres.
Telephone 501 442-5565 FAX _ 1 8 »42 49
500.00
+ 1.100.00
$11,890.00
$13,419.00
$ 1,529.00 contingency for
ional services if required.
City of Fayetteville, Arkansas
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HAI LEY /ASSOCIATES /ARCHITECTS, P.A.
Post Office Box 790 First Pace Budding, Suite 440 112 West Center Street Fayetteville. .AR 72702
EMO
This memo
Architect
1.
3.11
is to serve as a change of project location. The Owner -
Agreement dated 05-01-91 is to be amended as follows:
Front Page:
For the following Project:
Change:
To read:
Addition. and Renovation for the former Ozark
Mountain Sports Building, School Avenue
Renovation. to City of Fayetteville -owned
building at 101 West Rock Street
No other changes on this page.
2. Page 10:
A) Delete Paragraph 12.2 in its entirety. This estimated
$1.100 is now included in the basic fee of $13,419.
B) Add new Paragraph 12.4 to read as follows:
The estimated cost to field measure the building
at 101 West Rock is $500 and is included in the
basic fee of $13,419.
C) Add new Paragraph 12.5 to read as follows:
Architectural invoice to the City dated C9-06-91 for
$540 for services performed on original site (School
Avenue) is included in the basic fee of $13,419.
D) Add new Paragraph 12.6 to read as follows:
Architectural fee for wcrk at West Rock Street
site is $9,750.
Fee Recap -- Basic $ 9,750.00
Sept. 6th Invoice 540.00
Field Measure at
West Rock Street 500.00
Reimbursable Expense + 1.100.00
TOTAL
$11,890.00
Not -to -Exceed Amount is $13,419.00
Thus leaving a $ 1,529.00 contingency for
requested additional services if required.
ewton
Telephone 501 442-5565 FA
AIA, Pres. City of Fayetteville, Arkansas
501 442-8h49
THE
A M E R IC AN
19 S T I- L' T E OF
ARCHITECT
9,1
AIA Document 8/41
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCUMENT IIAS IMPORTANT LEGAL CONSEQUENCES; CO.VSCLTAT1ON WITH
AN ATTORNEY IS E.VCO('RAGED WITH RESPECT TO ITS COMPLETION OR MODIFIC4TIO.V.
AGREEMENT
made as of the FIRST
Nineteen Hundred and
BETWEEN the Owner:
• Fume and address!
and the Architect:
..Name and address)
NINETY-ONE
day of
MAY
THE CITY OF FAYETTEVILLE, ARKANSAS
A Municipal Corporation
City Administration Building
113 West Mountain Street
Fayetteville, AR 72701
Hailey/Associates/Architects, P. A.
:12 West Center Street, 1st Place 440
Post Office Box Number 790
Fayetteville, AR 72702 - 0790
For the following Project:
Maude detarkrt nese nfnnn of Project. !r• aunts address and supe
Addition and Renovations
for the former Ozark Mountain Sports Building
School Avenue
Fayetteville, Arkansas 72701
the General Offices and Studio Facilities for Fayetteville
Public Access activities.
The Project will house
Cpen Channel and other
;n the year of
1 he Owner and Architect agree as set forth below.
Copyngh: :91- 192b. 1998. :951 1953, :958. 1961, 1963. I9t6.
of Architects 1'95 New York Ascnue. N W . Washington. D C
qus:unnn of ns previsions w rhout w:utcc permtss.on of tic 41A
subject to legal prosecution
196', :9-0. 19-4, :9" 1198" by The Amencar Inst.twe
20006 Reproduction of the material hcre:n or •uhs:anual
vuwtes the copvr.ght laws of the United %talcs end will he
MA DOCUMENT 0131 • OWNER ARCHITF.( T AGREEMENT • FOI RTEFNTH ED TION • MAR • t•i9B"
Tiff AMERICA.% PSTITI'TE OF ARCHITECTS 1'A5 VER YORK AVENGE. N R a AsHINGTOV.:) C 20006
8141-1987 1
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN 0WNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBIUTIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's seances consist of those sen•xes per-
formed by the Architect, Architect's employees and Architett's
co sultants as enumerated in Articles 2 and 3 of this Agreement
and any other services Included in lrtrde 12.
1.1.2 The Architect's services .hall he performed as expedt-
tioubly as is consistent with professional skill and c -are and the
orderly progress of the Wo:k. Lpon request of the Owner, the
Architect shall submit tor the Owner's approval a schedule for
the performance of the Architect's senuces which ma), be
ad;usted as the Project proceeds and srall inc:ude allowances
for pends of tune required for the Owner's review rd for
approval of submissions b) authonties raving unsdic:on over
the Protect. Time limits established by :his schedule approved
by the Owner shag not except to: reasonable cause. he exceeded
b) the Architect or Owner
1.1.3 The services covered bv this .Agreement are subject to
the tune limitations cor-tamed in Subparagraph 11 5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those descnbed
an Paragraphs 2.2 through 2 6 and any other services identified
in Amick 12 as part of Basic Sen•ices and include normal strt:c-
:aal, mechanical and electrical engineering senses
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shag review the program furnished by the
Owner to ascertain the requtremenb of the Project and shall
arrive ar a mutual understanding of such requwements with the
Owner
2.2.2 The Architect shad provide a preliminary evaluation of
the Owners program, schedule and constructon budget
requirements. each in terms of :he other. subject to the lunta-
tions sit forth :n Subparagraph 5 2 1
2.2.3 The Architect shall revtew with the Owner alternative
approaches to design and construction of the Protect.
2.2.4 Based on the mutualy agreed-upon pmgtam, schedule
and corstnution budge: regwremen:s. the Architect shall
prepare, for approval by the Owner. Schematic Design Docu-
ments consisting of drawings and other documents illustrating
the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a p:eijmiary
estimate of Construction Cost based on current area, vol•.)me or
tither trot costs
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on :he approved Schematic Design Documents
and any adjustments authorized by the Owner in the program,
schedule er corotracnon h..dget. the A:.haea shall preoare.
for approval by the Owner. Design :)evelopment Documents
consisting of drawings and other doc:.mrts to fix and cescr.he
the %.ze and character of the Project as to archncctura, gnu: -
tura., mechanics: and electrical systems matenals and such
other elements as may be approprate
2.3.2 The Architect shall advise the Owner of any adjustments
to the preliminary cstnnate oC Constntctl)rtt Cost
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Docu-
ments and any further adjustments in the scope or quality of
the Project or in the construction budget authorized by the
Ow ner. the Architect shall prepare. for approval by the Owner.
Construction. Documents tors:song of Drawings and Specifica
tions setting Comb in detail the requirements for the construc-
tion
onstractin of :he Project.
2.4.2 The Architect shall assist the Owner in the preparation of
the necessary bidding information. budding forms. the Condi-
tion. of :he Contract, and the form ot Agreement between the
Owner and Contractor.
2.4.3 The Architect shag advise the Owner of anv adjustments
to previous pree.imirary estimates of Construction Cost indi-
cated
nd.cated by changes in requirements or general market conditions.
2.4.4 The Architect shall assist the Owner in connection with
the Owner s responsibility for filing documents required for
the approsal of governmental authocues having j..risdretion
ever the Protect.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the
Construction Documents and of the la:est pre.iiu,ary estimate
of Construction Cost. shall assist the Owner in obtaining bids
or negotiated proposals and asst in awarding and preparing
contracts for construction
2.6 CONSTRUCTION PHASE—ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Arch.tect's responsibility to provide Basic Services
for the Construction Phase under this Agreement commences
w eh the award ot the Contract for Construction and terminates
at the ember of the issuance to the Owner of the final Certificate
for Payment or 60 days after the date of Substantial Completion
of rhe Work. unless extended under the terms of Subparagraph
1033
2.6.2 The Architect shall provide administration of the Con-
tract for Construction as set forth below and in the edition of
AIA Document A201. General Corditiors of the Contract for
Construction current as of the date of this Agreement. un:ess
otherwise provided m this Agreement.
2.6.3 Dunes, responsibilities and [initiations of authorit) of the
Architect shall not be restricted. modified or extended without
written agreement of the Owner and Architect with consent of
the Contractor, which consent shad not he unreasonably
withheld.
AIA DOCUMENT 5141 • Or?ER AMCH.TECT AOREL%tENT • FOERTFE-NTH EDIT:ON • Sins • i HA -
THE AMERICA. ISSTITLTE OF ARCH:TECT., t-tS SEW YORK AcE?.LE. • w WASHINCTON D C 20006
8141.1997 2
3.13
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2.6.4 The .Architect shall be a representative eland ,hall adv.se
and consult with the Owner (1) during conetruc:ton until final
payment to the Contractor is due. and (2) as an Additional Ser-
vice at the Owner s direction from time to toric dunrg the co: -
rection pcnod descnbed in the Contract for Construction The
Architect shall have authority to act on DehaS of the Owner
only to the extent provided in this Agreement unless otherwise
modified by written instrument.
2.6.5 The Arch.tect shall visit the site at internals appropna:e
to the stage of construction or as otherwise agreed by the
Owner and Architect in writing to become generally familiar
with the progress and quality of the Work completed and to
deterine ir. general 1 the Work is being performed in a man-
ner indicating that the Work when completed will be in accor-
dance with the Contract Documents. However. the Architect
shall not be required to make exhaustive or con:moots on-site
irspections to check the quality or quantity of :he Work Or.
the bass of on-site observations as an architect. the Architect
,had keep the Owner informed of the progress and qual.ty of
the Work. and shall endeavor to guard the Owner against
defects and deficiencies in the Work (Afore exrensn a site
representation may be agreed to as an Additional Service. as
described in Paragraph 3 2.)
2.6.6 The Architect shag not have control over or charge of
and shall not he responsible for construction rreans. merhrxls,
techriques. sequences or procedures. or for safer- precautions
and programs in connection with the Work. since these are
sole:). the Contractor's responsibility under the Contract for
Constructtoc- The Architect shall not be responsible for the
Contractors schedules or failure to carry out the Work in accor-
dance with the Contract Documents- The Arc`i•ec• shall not
have control over or charge of acts or omissions of the Contrac-
tor. Subcontractors. or then agents or employees. or of any
other persons performing portions of the R ork
2.8.7 The Architect shall at all tunes have access to the R ork
where% er n is In preparation or progress.
2.6.6 Except as may otherwise be provided in the Contract
Documents or when direct communication have been spe-
aaily authorized. the Owner and Contractor shag cummunica:e
through the Architect. Communications by and wah the Archi-
tect's cu .soil:ants shag be through the Arcr sect
2.8.9 Horsed on the Architect's nhservattors and evLmnons of
the Contractor's Applications for Payment, the Architect shat
review and certify the amounts due the Contractor
2.6.10 Thc Architect's certifcatRn for payment shall consti-
tute a rcprcsenution to the Owner, based on the .Arcratec; s
observations at the qts as provided in Subparagraph 2 U.S and
on the data comprising the Contnctor s Appl.cation for Pay-
ment. that :he Work has progressed to the point indicated and
ILIA. to the hest cf the Architects know ledge.:ntnnmauor. and
be:ief. quality of :`.e Work is in accordance with the Contract
lkxuments. The foregoing represenuticns are sthp:et to an
evaluation of the Work for conformance with the Contract
Documents upon Substantial Compieton. to results of subse-
quent Inst, and .nspecuons. to minor deviations from the Con-
tract Ikxuments correctable prior to compleror. and to spt-
uf.c qualifications expressed by the An. hied I he :ssuance of 2
rri t lcate for Pavmen: shall further constitute a representation
that the Contractor is eructed to payment .n :he a -noun. o c:.i-
fled However. the •ssuance of a Crrtifs tae for Payment shall
not he a rep resentatio . ihat the Architect has (1) made exhau,-
tic r contir onus on -sue irspecuons to check the qui ty or
3.14
quantity of the Rork, (2) reviewed construction nears meth-
ods. techniques, sequences or procedures. (3) reviewed copies
of requisitions received from Subcontractors and matenal sup-
pliers and other data requested by the Owner to substantiate
the Contractor's right to pa}ment or 14) ascertained how or for
what purpose the Contractor has used money previously paid
on account of the Contract Sum.
2.6.11 The Architect ,hall have authority to reject Rork which
does not conform to the Contra Documents Whenever the
Architect considers it necessary or advisable for mplemcnta-
tion of the intent of the Contract Documents, rhe Architect w•ii
have authonty to require additional inspection or testing of the
Work in accordance with the provisions of the Contract Docu-
ments. whether or not such Work is fabncated, installed or
completed However, neither this authority of the Architect nor
a decision made in good faith either to exercise or not to exer-
cse st.ch authority shall gne rise to a duty or responstbuty of
the Architect to the Contractor. Subcontractors. materia. and
equipment suppliers, their agents or employees or other per-
sons performing portions of the Work.
2.6.12 The Architect shall review and approve or take other
appropriate action upon Contractor's submittals such as Shop
Drawings, Product Data and Samples. but only for the Invited
purpose of checking for conformance with information given
and the design concept expressed in the Contract Documents.
The Architect's action shall be taken with such reasonable
promptness as to cause no de:ay in the Work or in the con-
strucuon of the Owner or ot separate contractors, while aEow-
ing sufficient time m the Architects professional judgment to
permit adequate review. Review of such subm.itals s cot con-
ducted for the purpose of determining the accuracy arid com-
pleteness of other details such as dimensions and quantities or
for subsuntiatirg instr4ctions for instadatior. or performance of
equipment or systems desigred by the Contractor. all of which
remain the responsibility of the Contactor :o the extent
required by the Contract Documents The Architect s review
shag not constitute approval of safety precautions or. unless
otherwise specifically stated by the Architect of construction
means, methods. techniques. sequences or procedures The
Architects approval of a specific :tem shat not indicate
approval of an assembly of which the item is a component.
When professional certification of performance characteristics
of mater.als, systems or equipment is required by the Contract
Documents. the Arcr.itect shall be entitled to rely upon such
certification to establish that the matcruis. systems or equip-
ment wiJ meet the performance entero required by the Con-
tract Documents
2.6.13 The Architect shall prepare Change Orders and Cor.-
struction Change Direcme<, with supportmg documentation
and data if deemed necessary by the Architect as provided in
Subparagraphs 3.1 1 and 3 3.3, for the Owner's approval and
execution in accordance with the Contract Docrments. and
may authorize minor changes is the Work not involving an
adjustment in the Contract Sum or an extension of the Contract
Time which are not inconsistent with the ,ntect of the Contract
Documents.
2.6.14 The Architect shall conduct .n,pections to determine
t.e date or dares of S4bsanual Completion ants::he date ot final
completion, shall receive and forward to the Owner for the
Owner s review and records written warran:.es and related
documents required by :he Contract Documents and assem:-
hled by the Contractor. and shall issue a final Certificate for Pa)
ment upon compliance with the requirements of the Contract
Documents.
3 B141-1987
AIA DOI: E11T 8141 • OwNER ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA. • g O9'
THE AMERICAN N,TITI TE OF ARCHITECTS. 1 it NEW YORK AVENUE. N W . WASHINGTON. D C SOX.
•
2.6.15 The Archite-t shaL interpret and decide matters con
cerning pertum:ance of :he Owner and Contractor under the
rcq.uements of the Contras: Documents on written request o!
either the Owner or Contractor The Architect's response to
such requests shad be made with reasonable promptness and
within any time limits agreed upon
2.6.18 Interpretations and decisions of the Architect shall be
consistent with the invent of and reasonably inferable from the
Contract D octmenu and shall be in writing or in the form cf
drawings When making such interpretations and initial dec-
s:ons the Architect shall endeavor to secure faithful porton
mance b both Owner and Contractor, shall not show partiality
to ei:!iter and shat not be liable for results of interpretations or
decisions so rendered in good faith
2.8.17 The Architect's deasions on matters relating to aes.the
tic effect shaL be final ifconststent with the intern expressed in
the Contract Documents
2.6.18 The Architect shad render wntten decisions within a
reasorahle time on all cairns, cisputes or other matters m qucs-
tion between the Ow ner and Contractor relating :o the execu-
tion or progress of the IX ork as provided in the Contact
Documents.
2.6.19 The Architects decisions on claims, disputes or other
matters. including those in question between the Owner and
Contractor. except for those reatng :o aesthetic effect as pro-
vided in Suhpangnph 2 6 P. shad be subtest to arbitration as
provided in this Agreement and in the Contract Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The sen ices described .n this Article 3 are not included
in Basic Services unless se: identified .n Article 12. and they stall
be paid for by the Owner as provided in the Agreement. in
addition to the compensation kir Basic sen-•ces The seniccs
Described under Paragraphs i 2 and i .i shall only he provided
it authorized or confirmed in writing by the Owner. If services
described under Cor.ungent Additional Services in Paragraph
i i are required d::e tc circumstances beyond the Architect s
control. the Arc:nect shit notify the Owner prior to com.
mencing such services. If the Owner deems that such semi es
described under Paragraph 3 are no: required. the Owner
shat gne prompt wr.uen nonce to :t -e Architect If the Owner
indicates in writing that all or part of sue` Co^Iingent Addi-
Iiona. Servies are not req.nred. the Architect .hal have no Gbh -
Ran.. n to provide those Sen•Iees
3.2 PROJECT REPRESENTATION BEYOND BASIC
SERVICES
3.2.1 If more extensne reprcsenuuon at the site than is
described m S,.hparagraph 2 t•.5 is required. the Architect shall
pro..ide one or More Protect Representatives to assist tr rare
rag out such additional on-site responsibilities.
3.2.2 Pro eco Representatives shat, he selected employed and
drec:ec by the Architect. and the Architect shat he compen-
saled therefor as agreed by the Owner and Architect The
duties. resp onsbrlt:es and limitations of au:nori:y of Protect
Representatives shat be as described :n the ed non of ALA
D. x umrnt 8352 current as of the date of this Agreement unless
otherwise agreed
3.2.3 Through the observations by such Protect Represen-
tauses. the Architect shit endeasor to pr. wide tunher motet: -
non for the Owner against defects and deficiencies in the u ork
but the famishing of such protect representation shall not
modify the rig'•us. responsibilities or obligations of the Architect
as described elsewhere in this Agreement
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions m Drawings, Specifications or other
documents when such revisions are:
.1 Inconsistent with approvals or Instr,:atons previously
given by the Owner, including revisions made neces-
sary bs adjustments in the Owner s program or Proj-
ect budget.
.2 regcired by the enactment or revision of codes. law s
or reguaucns subsequent to the preparation of such
documents Or
.3 dux to changes required as a result of the Owner's fail-
ure to render decisions m a timely- :na.ner
3.3.2 Providing sen ices required because of significant
changes in the Project including. but not limited to. size. qual-
ity. comp:exits- the Owner's schedule. or the method of bid-
ding or negotiating and contracting for construction, except for
services required under Subparagraph 5 2 5
3.3.9 Preparing Drawings. Specifications and other documen
tation and supporting data, evaluating Contractor's proposals
and providing other services in connection with Change
Orders and Construction Charge Directives.
3.3.4 Providing services in connection with evaluating substi-
tutions proposed by the Ccntractor and making subsequent
revisions to Drawings, Specifications and other documentation
resulting therefrom
3.3.5 Pros iding consultation concerning replacement of bre
damaged hl fire or other cause dung construe::on. and fur -
n ish:ng sen ices required in connection with the replacement
of such W. irk
3.3.6 Providing services made necessary by the default of the
(am::actor, by mato: defects or deficencies in the \X ork of the
Contractor. nr !,v failure cf performance of either the Owner or
Ccntractor under the Contract for Construction
3.3.7 Providing sen ices in evaluating art extensne number of
cants submitted by the Contractor or others in connec:.an
with the Work.
3.3.8 Providing sen-iccs In connection wi:h a public hearing
arbitration proceeding or legal proceeding except where the
Architect is pan thereto.
3.3.9 Preparing documents !or alternate, separate or sequential
bats or providing sen ices in connection with bidding negotia-
tion or construction prior to the completion of the Construc-
tion Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Pro, iding anahses of the Owner's needs and p rogrAm-
nag the requirements of the Protect
3.4.2 Providing financial feasibility or other specul studies
3.4.3 Providing pbnning s..n•eys. si:e evalua::o .s or com-
parative studies of prospective sites
AIA DOCUMENT 0141 • OWNER ARCNIT kCT AGREEMENT • FOURTEENTH EDmON • AIA • t IQ$
-11F AMERICAN ;NST1TI'-F OF ARCHITECTS. 1-55 sirs yORKASENUE.sw WASHINGTON DC 2000,
8141-1987 4
3.15
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3.4.4 Pr. n iding s:x•i n •u -s r.- envr.:•mrntai sr,.dtec ant
submt,sR ins regcared f.'r appun als o• goo trn^tental auth ,noise,
ear oche:, has ng unsdstiin over the Pro ecu
3.4.5 Pna%iding wn'irs rtU':ve to fut,.re facrinte,. sc'tern%
and egt.tp mens
3.4.6 Providing *en ices to incest -gate exist.ng conditions or
facilities or to make measured :kris -alp thereo`
3.4.7 Providing services to cert) the accuracy of rinsing' or
o:: er information furnished by the Owner
3.4.8 Providing con•d.natior of construction performed by
separate contractors or by the On nee', ay.„ forces and courdt
nation of sen•ices requi:ed in connecro^ with constr.-own
performed and equipment supplied by the Owner
3.4.9 Pn svdir.g services in connection au” the work u'ato-•-
structirn manager or separate consulu^ts retained by the
Uw ner
3.4.10 Providing detailed estimates of Co -sit -Lumen Cost
3.4.11 Providing deviled quantity suneys or mventones of
material equipment and labor.
3.4.12 Providing ana:yses of owning and operating costs
3.4.13 Providing interior design and other similar services
required tor or in connection with the selection, praicuremrn:
or installation of furniture. furashmgs and related equipment
3.4.14 Providing sin ices fa: planning tenan: or rental spaces
3.4.15 Making investigations inventories of materais or eq..tp
merit or valuations and detat:ed appraisak of exisung fxili:is
3.4.16 Preparing a set of reproducible record drawings show
ing significant chanstes in the Work made during construction
based on marked -up prints dust nags and other data harry hid
by the Contractor :n the Architect
3.4,17 Providing assistance in the utdizar:or: of equipment or
systems st.ch as :estirg. adjusting and baancing. preparation of
operation and maintenance manuals training personnel for
operation and rrairtenance. and consultation &rang operation
3.4.18 Providing services after issuance to the Owner of the
final Certificate for Payment. or in the absence of a final Cer-
tificate for Payment. more than 60 days after the date of s,:h-
stantial Completion of the Work
3.4.19 Providing 'en:ce. of consultants for other than archi-
tecw-a. structural. rrecharica and electrical er..gineer:ng por-
tions of the Protea provided as a pan of Baste Services
3.4.20 Providing any other services not otherwise included 111
this Agreement or not customarly furnished in accordance
with generally accepted architectural practice
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide fun information regarding
requirements for :he Protect including a program which shall
set forth the Owner's obiec sees, schedule constraints and cit
:ern. including space requirements and relationships. flexr
;Amy. expandahutc • special egdipment. systems and site
requirements.
1
3.16
4.2 rrc Owrtr ,hall establish and update an to erall budget lig
the Prot( t. int luding the Construction Cost the Ow err s other
ensu and rea on:4 e t unnngenaes mated to all of then vests
4.3 It requested be the Architect, the Owner shall furnish et t
dence that financial arrangements have been made to fulfil: the
Owner's obligations under this Agreement
4.4 The Owner shall designate 2 rcpresentatne authorized to
act on the Owner's behalf at' respect to the Protect the
Owner or such authorized representative shall render decision,
in a timely manner penatning to documents submitted by the
Architect in order to avoid unreasonable delay in the orderly
anc sequential pr'gress of the Architect's sen ices
4.5 The Owner shall furnish surveys describing physical
characteristics. legit :imitations and utility locations for the site
of the Protect and a w•nuen legal descnpt:on of the sae The
surveys and legal inforrnatior, shat: include, as applicable
grades and lines of streets, alleys. pavements and adjoining
property and structures; adacent drainage, rights of -way,
restrictions easements, encroachments, zoning, decd restric
lions, houndanec and contour of the site: laxations, dimen-
sions and necessary data pertaining to existing buildings other
unproyenents and trees. and information concerning available
ubluv sen rtes and lines, both public and private above and
belay. grade. including inverts and depths AMI the information
on the survey shall be referenced to a protect benchmark
4.6 The Oaner shall furnish the sentm of geotechnical engi-
neers wren such sere cis are requested by the Architect. Such
services may include but are not limited to test borings, test
pits. determinations of soil beanng va:ues, percolation tests.
evaluations of hair duos matenals. ground corrosion and resis-
t!' iy tests including necessary openttons for anticipating sub-
soil conditions. with reports and appropnate professional
recommencUuons
4.6.1 The Owner shad: furnish the services of other consul
tants when such sen•:ces arc reasonably required by the scope
of the Protea and are requested by the Architect
4.7 The Owner shall fumuh structural. mecharical. chemical.
air and water pol:u::am tests. tests to: hazardous materials. and
other laboratory and enviroranenal tests, inspections and
reports required by law or the Contract Documents
4.8 The Owner sha.l furnish all legal. accounting and insurance
tounsearg services as may he necessary at an) time for the
Protect including atdtting services the Owner may require to
verify the Contractors Applications for Payment or to amenam
how or for what purposes the Contractor has used the monis
paid by or on behalf of the Owner
4.9 The sen -ices information, suneys and ripens required b,
Paragraphs 4 S through 4.8 shall be furnished at the Owner s
expense. and the Architect shall be entitled to rev upon :he
accuracy and completeness thereof.
4.10 Prompt written notice shall bc gas en by ;he Owner to the
Architect if the Owner becomes aware CI ar-v fault or defect in
the Protect or nonconformance with the Contract Documents
4.11 The proposed language of cemficates or certifications
requested of the Architect or Architects consultants shall be
submitted to the Architect for review- and appros al at least 14
days prior to execution. The Owner shall not request cenif:ca
tiros that wou:d require knowledge or sen ices beyond the
scope of this Agreement.
5 8141-1987
AIA DOCUMENT 0141 • Ow VER ARCHITECT AGREFMFNT • FOE RTEEN1H EDITION • 41A• • Y 1913-
IHE A.MERIe AN :ssT Tt I OF ARCHITECTS '35 %Fw YORK AVENUE, NU tAyrtINGTON. D t 2ooue
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ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 1 he Construction Cost shal: be the total cosi or es:.
mated cost :o the ()vine: of all elements of the Protect desig-ed
or spec..^.ed h the Architect
5.1.2 The Constriction Cos: shall incl..de the cost 21 current
marker rtes of la!or and materiah furnished by the Owner and
equipment designed, spec:tiied selected or speciaLv provided
for hy the Architect. plus a reasonable allowance for :he Con-
tractor s overheac and profit In addition. 2 reasonable allow-
ance for contingencies shall be included for market cond:ruin,
al the time of bidding and for changes .n the Work during
construction
5.1.3 Construction Cost does not mclude the compensation nt
the Architect and Architect's consultants the costs of the land
nghts-of-way. finacing or other costs which are the respon-
sibility of the Owner as provided m Artic.e 4
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, pre muury
estimates of Construction Cost and detailed estimates of Con-
struction Cost. if any. prepared by the Architect. represent the
Architect s bes: vegment as a design professional familiar with
the corstruction industry It is recognized. however that ne-
ther the Architect nor the Owner has control over the cast of
Labor. materials or equipment over the Contractor's methods
of determining bid prices, or user competitne bidding, market
or negotiating conditions Accordingly. the Architect cannot
and does not warrant or represent that kids or negotiated prices
wet not vary from the Owner s Protect budget or Irom any
estur.ate of Cor.st.uction Cost or evaluation prepared or agreed
to by the Architect
5.2.2 No fixed lime of Construction (.0st shall he established
as a condition of this Agreement by the furnishing. proposal iii
establishment of a Protect budget. unless such fixed loop has
been agreed upon in w Hung and signed by the pan les hereto If
such a fixed hunt has been established. the Architect shall be
permitted to include contingencies for design, bidding and
pnce escalation. to deternrnr what materials equipment, com-
ponent systems ane types of ci instruction are to be included i
the Contract Documents. to make reasonable adjustments in
the scope of the Project and to aiclude in the Contract Docu-
ments itemate kids to adiust the Construction Cost to the fixed
limit Fixed limits, if any, shat be mcreased in the amount of art
mucase in the Contract Sum occurring after execution of the
Contra: for (:ors:uctor.
5.2.3 1f the Bidding or Negotiation Phase hs not commence
within 90 days after the Architect submits the Construction
Documents to the Owner any Pro•ect budget or fixed limit of
Construction Cost shat be adtuuted to reflect changes in the
general les el of prices in the consuucuoc industry between the
date of submission of the Construction Documents to the
Owner and the date on w hat proposals are sought.
5.2.4 1f a fixed lima of Construction Cost (adjusted as pro-
vided in Subparagraph 5 2 is exceeded by the lowest bona
fide bid or negotiated proposal the Owner shall
. 1 give written approvi of an increase in such fixed
bion.
. 2 authorize rebidding o: renegotiating of the Projec:
within a reasonable time.
3.17
. 3 if the Project is *a- cloned terminate •n accnrcan< <•
wer Paragraph S 3. or
. 4 coop erait m :es isms the Protect scope and qualm as
required to :educe the Censtructien Cost
5.2.5 If the ()ant r chooser :n proceed ;:rider Clouse s 2 4 61
the Architect without additional charge shall modify the Con
tract Ihicuments as necessary to comply w rah tr.e fixed lona. if
estabu•hed as 2 Conutiun of this Agreeniert Fhe reeelihotiun
o: Contract Documents shall he :he limit of the Architect s
vesper s.bility arising out of the establishment of a tilted I.m.t
The Architect shall be entitled to comper..sauor in accordance
with this Agreement for all %entices performed wether or no:
the Construction Phase is commenced
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings Specifications and other documents pre
pared hy the Architect for this Protect are instruments of the
Architect s service for use solely w i.h respect to this Protect
and. unless otherwise provided, the Architect shall he deemed
the author of these documents and shall retain all common law
s:atutOry and other reserved rights including the copyright
The Owner shall be permitted to retain copies, including repro-
ducible copies, of the Architect's Drawings. Specifications and
other documents for information and reference in connection
with the Owner s use and occupancy of the Project The Archi-
tects s Drawings. Specifications or other documents shall no: he
used by the Owner or others on other projects. for additions to
this Project or for completion of this Protect by others. unless
the Architect . adjudged to be in default under this Agreement.
except by agreement in wasting and with appropnatc compen-
sation to the Architect
6.2 Submission o: distribution of documents to meet official
regu.atory requirements or for simtar purpose in corinec:on
with the Protect s not :o be construed as publication m deroga
:ion of the Architect s reserved rights
ARTICLE 7
ARBITRATION
7.1 Claims disputes or other matters in question between the
parties to this Agreement ansmg out of or relating to this Agree-
ment or breach there if shall be subject to and decided by arbi-
tration in accordance with the Construction Industry Arb:tn
tion Roles of the American Arbitration Association current's- .n
effect unless the parties mutually agree otherwise
7.2 Demand for arbitration shall be filed in venting with the
other pans to this Agreement and with the An near] Arhitra-
tior. Association. A demand for arbitration shall be made within
a reasonable time after the clam, dispute or otter matter m
quos::on has arisen In no event shall the demand for art:intron
be made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in
question would he barred by the applicable statutes of hnutaton.
7.3 No arbitration arming out of or relating :o this Agreement
shall mduoe. by consobdation, joinder or in any other manner.
an aeditiona person or entity not a pang to th.s Agreement,
AIA DOCRIMEM 51411 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA • C 196'
THE AMERICAN INSTITUTE OF ARCHITECTS. 1-3! NEW TORRAV&Nt'E, N.W WASHINGTON D C 200Rt
0141-1987 6
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except by written consent conaimng a specific reference to
this Agreement signed by the On nes, Araatec and a. -.v other
person or entity sought to be ,mined Consent to arb.uauon
involving an additional person or coag shall no: constitute
consent to arbitration of any claim. dispute or other master m
question not descnbed in the wntten consent or with a person
Or entity not named ur descnbed therein The foregoing agree-
ment to arbitrate and other agreements to arbitrate w:th an
additional person or entity duly consented to by :he parries to
this Agreement shat: be specific -214 enforceable in accordance
with applicable law in any conn hasing ,unsdretion thereof
7.4 The award rendered by the arbitrator or arbitrators shall be
final. and judgment may be entered upon it in accordance v. ith
applicable law in any court having jurisdiction thereof
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 Fhis Agreement may be :enrinated by either party upon
no: less than seven days' wntten notice should the otrier party
tail substantially to perforin in accordance with the terms of this
Agreement through no fault of the parry rrtuung the termination
8.2 If the Protect is suspended by the Ow r.er for more than 30
ccnsecume days. the Architect shall be compensated fur ser.
vices performed prior to nonce of such suspension viten the
Project is resumed. the Architect's compensation sha.l be equi-
tab:y adjusted to pros idc for expenses Incurred in the interrup-
tion and resumption of the Architect c sen ices.
8.3 This Agreement rnay- be terminated by the Owner upon
not less than seven days' written notice to the Architect in the
event that the Preyed is perrmnent:y abandoned If the Project
is abandoned by the Owner for more than 90 consecutive days,
the Architect may terminate the Agreement by giving wnnen
notice.
8.4 FaLure of the Owner to make payment to r the Arch.tect :n
accordance a ith this Agreement shit be considered substantial
nonperfcrmancr and cause for :erminauor.
8.5 If the Owner fats to make payment when due the Archi-
tect
rch:tect for services and expenses. the Architect may, upon seven
days' written notice to the Owner. suspend performance of ser-
vices under this Agreement I. Mess pas ment in full is received
M the Architect within seven days of the date of the notice. the
suspension shaL take effect without further nonce In the event
012 suspension of services. the Architect shall have no luhilit.
to the Owner for delay or damage caused the Owner because
Of such suspension of services
8.6 In the event of tem)mation not trio :au of the Architect.
the Architect shall be compensated for scn.ices perfo-med prior
to :ermir.ation. together with Rrimhu:sah:r Expenses t.`.en due
and at Termination Expenses as defied in Paragraph H
8.7 Termination Expense arc in additcn to compensation for
Basic and Additional Services. and include expenses which are
direc::v attnhuuble 10 termination. Termination Expenses shill
ho computed as a percentage of the luta. o-ompersauun for
Bacc services and Additional Sent es earned to the titre of trr-
mina:.un. as fuLnws
.1 Twenty percent of the total compensation for Baud
and Addioona; Services tamed :u da:e :f temuna::oa
occurs before or dbnvg the predesagn sue analysis. or
Schematic Design Phases. or
3.18
.2 Ten percent of the total compensation for Basic and
Additional Services earned to date if termination
occurs during the Deign igr. Development Phase; or
.3 Five percent of the total compensation for Basic and
Additional Services earned to date if termination
occurs dun -4 art} subseq.ient phase
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided. this Agreement shall be gov-
erned by the law of the pnncipal place of business of the
Architect
9.2 Terns in this Agreement shall have the same meaning as
those in AIA Document A201, General Conditions of the Con-
tract for Construction. current as of the date of this Agreement
9.3 Causes of action between the parties to this Agreement
pertaining to acts or failures to act shall be deemed to have
accrued and the applicable salutes of luniuuons shall com-
mence to run not later than either the date of Substantial Com-
pletion for acts or failures to act occurring prior to Substantial
Completion. or the date of issuance of the final Geminate for
Payment for acts or failures to act occurring after Substantial
Completion.
9.4 The Owner and Architect waive aG nghts against each
other and against the contractors. consultants, agents and
employees of the other for damages. but only to the extent cov-
ered by property insurance during construction, except such
nghts as they may have to the proceeds of such insurance as set
forth in the edition of AlA Document A201. General Conditions
of the Contract for Construction, current as of the date of this
Agreement The Owner and Architect each shall require similar
waivers from their contractors, consultants and agents
9.5 The Owner and Architect respectively. bind themselves.
their partners. successors assigns and legal representatives to
the other party to this Agreement and to the partners. succes-
sors, assigns arc legal represenutives of such other pany with
respect to all covenants of this Agreement. Neither Owner nor
Architect shall assign the Agreement without the wntten con-
sent of the other.
9.6 This Agreement represents the entire and integrated agree
ment between the Owner and Architect and supersedes aL'
pnor negotiations. representations or agreements. either writ
ten or oral This Agreement may be amended only by wntten
instrument signed by hath Owner and Architect.
9.7 Nothing contained in this Agreement stall create a contrac-
:uai relationship with or a cause of action in favor of a thud
pant against either the Owner or Architect.
9.8 Unless otherwise provided in this Agreement. the Architect
and Anfi;tect's corsil:ants shall have no resptnsrbtlity for the
discovery, presence, handling, removal or disposal of or expo-
sure of persons to hazardous matenals in any form at the Proect
site. including ba not limited to asbestos, asbestos products.
polydturtnated biphenyl (PCB) or other toxic substances.
9.9 The Architect shall have the right to include represer.u-
nns of the design. of the Project. including photographs of the
exterior and interior. among the Architect's promotional and
processional materials. The Architects materials shall not
include the Owner's confdentul or propneury information if
the Owner has prev:ous.v advised the Architect m writing of
7 B141-1987
AIA DOCUSrEHT 1141 • OWNER AROIITECT AGREEMENT • FOURTEENTH EDITION • ADAC • it‘19M-
THE AMER:CAN IN`TfltTE OF ARCHITECTS. r35 SER YORK AVENtiE N W , WASHINGTON, DC 23O '
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the specific information considered in the Owner to he confi-
dential or proprietary The Owner shall provide professional
credit for the Architect on the construction sign and in the pro-
mouona: numerals for the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
(Also See Article 12)
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
sa:aies of the Architect. s personnel engaged on the Praeci and
the porion of the cos: of their mandatory and customary con-
Irbutions and benefits related thereto, such as employment
taxes and other statutory employee benefits, insurance. sick
leave, holidays, vacations, pensions and similar contributions
and benefits
10.2 REIMBURSABLE EXPENSES (See Also Article
10.2.1 Reurhursable Expenses are in addino) to compensa
tion for Basic and Additional Services and include expenses
incurred by the Architect and Architect's employees and con-
sultants in the interest of the Protect, as Identified in the follow: -
mg Clauses.
10.2.1.1 Expense of transportation in connection with .he
Project• expenses in cor.necuon with authorized out-of-town
travel long-distance cemmunicauons; and tees paid for secur-
ing approval of authorities having jurisdiction over the Project.
10.2.1.2 Expense of reproductions. postage and handling of
Drawings. Specifications and other documents
10.2.1.3 1f authoraed in advance by the Owner. expense of
overtime work requiring higher than reg.Jar rites
10.2.1.4 Expense of rcndenngs. models and mock-ups requested
by the Owner.
10.2.1.5 Expense of additional insurance coverage or limits,
ir.ch.ding professional liability insurance. requested by the
Owner in excess of that normally earned by the Architect and
Architect's consultan:s
10.2.1.6 Expense of computer-aided design and drafting
equipment time when used it connection with the Pro•ect-
(See Also Article 12.1)
3.19
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forth in Paragraph 11 I is the
minimum payment under this Agreement
10.3.2 Subsequent payments for Basic Services shall he made
month:). and, where applicable, shall be in proportion to ser-
vices performed within each phase of service, on the bags set
kith in subparagraph 11 2 2
10.3.3 If and to the extent that the time inniaav established in
Subparagraph 11 5 1 of this Agreeman b exceeded or extended
through no fault of the Architect. compensa::on for any ser-
vices
ervices rendered during the additional period of time shall be
computed in the manner set fonh in Subparagraph 11 3 2.
10.3.4 When compensation is based on a percentage of Con-
struction Cost and any portions of the Project are deleted or
otherwise not constructed, compensation for those portions of
the Protect shall be payable to the extent services are per
formed on those portions. in accordance with the schedule set
forth in Subparagraph 11.2.2, based on (11 the lowest bona fide
bid or negotiated proposal, or (2) if no such bid or propnsa: B
received, the mos: recent prelim:nary- estimate of Cor.struction
Cost or detailed estimate of Construction Cast for such pnr
HODS of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Payments on account of me Architect's Additional
Services and for Reimbursable Expenses shall be made monthly
upon presentation of the Architect's statement of services ren-
dered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's cnm-
pensatton on account of penalty, liquidated damages or other
suns withheld from payments to contractors, or or. account of
the cost of changes in the Work other than thou for which the
Architect has been found to be liable
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services per'rrmed on the
hags of a multiple of Direct Fersor.nel Expense shall be av
able to the Owner o: the Owrer s authorized representative at
mutually convenient times
ARTICLE 11 (Also See Article 12)
BASIS OF COMPENSATION
The Owner shit compensate the Architect as follov.s
11.1 AN INIT:AL PAYMENT of ZERO / NONE Dollars (5
shall be made upon execution of ahs Agreement and credited to Me Owners account at final payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES as described in Anic:c 2. and any other services included in Article 12 as pan of Basic Services. Bic
Compensation shall be computed as hollow s
' /nK.t has;. r f tonpclwbun tntfWhny rIq'Llm,'4 surm nal if le. 2 perLm4yrp• and am Jj pbasa tri Ow 1';wrist:ear mo;hdr r f conversation arth J
nrrrs.wn ,
The basic services as outlined in this Agreement shall be based on the State Building
Services Schedule of Nine Point Seventy - Five Percent (9.75%) of the Construction Cost
as described under Article Five. (Also See Article 12.3).
AIA DOCUMENT 0141 • OW NER ARCHITECT ACREFMENT • FOURTEE'TH EDI'ION • AIAR i ISR'
'HF AMERICAN I?Sl IT: TF of ARCHITECTS. 1'1,S NEW YORK AVENUE. N W . WASHINGTON, D C 20000
B141-1987 8
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11.2.2 Vt here ccmpesa::on is baweJ o- a •tipulatec sun• o• pen enrage of Conslrucnan Cost prowess payment for Basic Services
:n Carr. phase Shall total the IoLowmg perce-tages of the ural Raul( Compensation pal able,
lme• addrgp.nat phase, a, aps•r.pnale
S, hema::c Design Phase
Design De%elapment Phase.
Cors:ruction Documents Phase:
Bidding or Neguua:i< n Phase
C,br.stnIction Phase
Total Basic Compensauon
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES. as desaibcd in Paragraph 3 2
putcd as follow
Fifteen
Twenty
Forty
Five
Twenty
percent ( 15%)
percent( 203.,)
percent( 40'J_)
percent( 05'"`)
percent( 20%1
one hundred percent 11110%)
compensation shall be corn -
Other Additional Services, if requested in writing, shall be negotiated at the time
that the full Scope of Services for the Additional Work is determined.
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT. as descnbed m Articles 3 and 12, other than (1) Addi:rorml Profen
Representation. as described in Paragraph 3 2 and (21 services Included in Article 12 as pan of Additional Services, but excluding ser -
c ices of consultants. compensation shall be computed as follows -
/Mien basis ,y :-Hnpensaiion enluding -ase. aria At mulrrpres of area Personnel E3pense for Prenspah and employees and dentrfr Principals and dauds
empri sees 11 required /dentrfs spec;rit sen urs to ubub pa••l.ula. methods Kr t'myrntsatron apply of swear )
Firm Principals
Architects
Engineers
Interior Designers
_ $ 70.00
= $ 45.00
= S 45.00
5 35.00
Architect Intern I.
Architect Intern II.
Architect Intern III.
Clerical
3.20
$ 38.00
$ 30.00
$ 25.00
$ 22.00
11.3.3 FOR ADD:TIONAL SERVICES OF CONSULTANTS. including additional structural. mechanical and electrical engineering
sera ice- and those provided under Subparagraph 3 4.19 or identified m Article 12 as pan of Additional Services, a multiple of
One Point Iwo Five (01.25 1 times the amounts billed to the Architect for such services
, IJn,n t spy, as opts vf: cnsultara. ,n Astute 11 2/ requitedr
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES as descr.bed in Paragraph 10.2, and any other items included in Article 12 as Reimbursable
Expenses. a multiple of One Point One Zero 1 01.10 )times the cxpeas s Incurred by the Architect. the Architect's
ernp:ogees and consultants in nit interest of the Protect.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Twelve
( 12.0
;months of the date hereof. through no fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as provided in Subparagraphs 10 3 3 and 11 3 2
11.5.2 Payments arc due and payable on receipt ( n/a 1 days fmm the dare of the a:chitect's invoice
Amounts unpaid ( ) days after the invoice date shag hear interest at the rate entered below, or
:n the absence thereof at the legal rate prevailing from tme to time at the principal place of business of the Architect.
rinse rase or intens agreed Khan .1
1s sun 41u5 aria regii renUnts under pie Federal Troth :n Lending Att. barba• gate and soca, consume credit bus and ober rotulatums al the 'tuner's and Arrb
la' s prim !pal plat" of bannerfie t•,tdnm of tie Priest and dui. bre mar aped the ialdip of this passion Spnedf t legal ad: we should be obtained .nth
se•:vol r. deletions Or m dtrrtan.ma and also regarding requirements such as ti sten msdosurrs Or sooners )
9 B141-1987
AIA DOCUMENT X141 • OCNER ARCHITECT AGREEMENT • FOVRTEEVTI ED1—IO? • MAO • ts'198'
THE AMERICAN INSTITUTE OF ARCHITECTS. 1-3S NEM YORK AVENUE. N M . wASH:NGTO:,. D C 2a0l6
1
•
3.21
11.5.3 The rates and multiples set forth for Audi;anal Sen Ica shall be annually ad tided •n accordance with norma: salary review
practices of the Architect.
r r 'frit 1 n .nr 4 • her MI n dr•r'
i ntfu•,Ird In rh. 'greening! )
12.1 Article 10.2,
ARTICLE 12
OTHER CONDITIONS OR SERVICES
War 1 .wt n 1.w •nIuJ,d a ,(hIr Ansi. r .rrry+^..n•n tau! .nrvftju aiv t3 to rM patmint rut trmfw n .trna
Reimbursable Expenses, delete in its entirety Sub -Paragraph 10.2.1.6, whicl
is at the option of the Architect a•
describes CADD Services. CADD usage on this rt
is not considered a reimbursable expense.
i2.2 For Owner budget purposes, reimbursabl.es such as reproduction and long distance telephon
expenses should not exceed $ :,100.00 (including multiplier), without Owner's written
vol
appro
12.3 Article 11, Basis of Compensation, add the following for Lump Sum Cost. The following
Lump Sum Fees are based or. Owner - Supplied Cost Analysis (Attached Hereto). The Fees a
based on the Subtotal Construction Cost Plus One - Half of the listed Ten Percent (10X)
Contingency. ($ 131,:34.00 + $ 6,500.00 [rounded] ' $ 137,634.00).
Basic Services Fee ' $ 137,634.00 x 09.75% = $
13,419.00
At this early point in this Project (01 May 1991), the Architects accept the cost analys
as modestly realistic (See Attachment Prepared by Owner). But, due to many unknowns, if
the construction cost exceeds the $ 137,634.00 by more than ten percent (10%), the
Architect will receive additional compensation based on the percentages as outlined abos.
This Agreement entered into as of the day and year first written above
OWNER
THE CITY OF FAYETTEVILLE, ARKANSAS
A MUNICIPAL CORPORATION
FAYETTEVILLEE,_ARKANSAS
s,�nan(re)
1
72701
ARCHITECT
Hailey/Associates/Architects, P.A.
112 W. Center St., 1st Place # 440
Fayetteville, Arkansas 72702-0790
Qe3. e)tsa
r nrP4 and .V ,e /1114 Ana
�'
:11EA�•FRICANI?S1ITITE OF A4( HITT(( TS 1';°%F's ) nn t�Et+:E Vw'
AIA DOCUMENT 1141 • .1wV FR•AR( 1/111�t(.R EE tIEvT • 'q 0.iFFM1N
p••nn d •.ane a n (r
Newtcn L. Hailey,
EDI'ION • ANI • 11'MI'
w'ASFPM1C.TON. DC ROA
President
8141.1987 10
•
•
•
Ozarks Mountain Sports
Cost Analysis
Item
Building
Size
SF/Cost
Item Cost
Property
Demolition
Exterior Repair
Structural Repair
Interior Renovation
Control
Editing
Editing
Editing
Storage
Cablecasting
Staff Break Room
Tape Library
Restrooms
Scene Shop
Engineering
Equipment Check Out
Classroom
Offices
Room
Suites
Suites
Suites
1
2
3
Subtotal Space needs
Circulation @ 15%
Total
New Construction
Studio
Subtotal Construction
Contingency @ 10%
Total Construction
Total Project Costs
180
54
54
54
54
180
90
90
80
90
90
180
216
360
1772
266
2038
1000
$30.00
$40.00
$83,500.00
$10,000.00
$10,000.00
$10,000.00
$61,134.00
$40,000.00
$131,134.00
$13,113.40
$144,247.40
$227,747.40
3.22
"CHANGE
ORDER
AM DOCUMENT G701
OWNER
ARCHITECT
CONTRACTOR
EEI.D
OTHER
1'
•
1
-
P.O. 1132561
PROJECT:
(name, address)
TO CONTRACTOR
(name. address)
THE CITY OF FAYETTEVILLE:
PUBLIC, EEUCATIONAL, AND
GOVERNMENTAL ACCESS FACILITY
CHANGE ORDER NUMBER:
DATE:
THOMAS HARDING CONSTRUCTION, re.CHITECT'S PROJECT NO
P. 0. Box 251764
Little Rock, AR 72225
The Contract is changed as follows:
PLEASE SEE AITACHMENT.
CONTRACT DATE:
CONTRACT FOR:
01
08/:2/92
9102
May 29, :992
General Construction
r'c� itCP. :tiVpr r,
AUG 2 0 7992
HA/LEY I ASSJCIA
ArchilecIs, p•4 TES
Not valid until signed by the Owner, Architect and Contractor.
The original (Contract Sum) ;) was . .
Net change by previously authonzec C.`.ange Orders
The (Contract Sum) ( ; pnor to this Charge Order was
The (Contract Sum) (thaaamocithrtaatin will be ,.ncrosed) (dcac at
(Kactila®r$) by the. Change Order in the amount of . . .
The new (Contact Sun-.)(6bxwanissulatelanasuezirancludmg this Change Order will be
The Contract Time will be; .mchangec) by zero
The date of Substantia: Completion as of the date o: the Change Order therefore is
$ 105,580.00
t -0-
s 105,580.00
f 171.00
$ 105,751.00
the same.
( -0- )days
NOTE: This summary does not re lecl :barges in the Q ntnan buir., Ccr.twc: Tame or Guaranteed Maximum Price which have beer. authonud by
Corstrucoor. Change Dnetrve
HAILEY/ASSOCIATES
ARCHITECTS, ?.A.
ARCHITECT
THOMAS HARDING
CONSTRUCTION, INC.
CONTRACTOR
P n Rnx 75176L
Address Ad::ress
Fayett
iiile, AR 7270 Little Rock, AR
BY
PW,
13Y
DA—t 7 . 'uj q ' DATE 8 -ib -9 Z
72225
gi
TBE CITY 0? FAYET_EVILLE
O'NER
1'3 tient Kt•Lnta'n
Addres
Fyaetteville, AR 72701
R ini 4)lO»t
CATE mss:' - t o•
MA DOCUMENT 6701 • CHANGE ORDER • :9a' EDITION • AIA' • €€198' • :HE
AMERICAN INSTITUTE OF ARcHC ECTS. 1'35 NEW YORK W.I. NW . WASHINGTON D C 230)6
WARNING: Unlicensed photocopying violates Us. copyright laws and Is sublect to legal prosecution.
G701-1987