Loading...
HomeMy WebLinkAbout60-94 RESOLUTION• • • • RESOIAUTION NO. 60-94 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT IN THE AMOUNT OF $46,125, WITH WITTENBERG, DELONY, AND DAVIDSON, INC., AND APPROVE WORK ORDER NO. 1 FOR ARCHITECTURAL SERVICES FOR THE AIRPORT EXPANSIONS OF THE COMMERCIAI. TERMINAI. BUILDING. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized to execute a architectural services contract in the amount of $46,125.00, with Wittenberg, Delony, and Davidson, Inc. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The City Council hereby approves Work No. 1 for architectural services for the Airport expansions of the Commercial Terminal Building. PASSED AND APPROVED this 17th day of May 1994. APPROVED: By: ATTEST: Sherry L. Thomas, City Clerk T 11e %AMERICA AI 1 N S 1 T U T E OF ARCHITECTS 4 AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Nineteen Hundred and BETWEEN the Owner: (Name and address) and the Architect: (Name and address) 25th day of February Ninety-four City of Fayetteville, Arkansas City Administration Building 113 West Mountain Street Fayetteville, AR 72701 Wittenberg, Delony & Davidson, Inc. 100 West Center, Suite 102 Fayetteville, AR 72701 For the following Project: (Include detailed description of Project, location, address and scope) A contract for projects over a three year period from date of order which may include 1) Expansion of the terminal building firefighting station with training facility 3) Americans with Modifications to the Fayetteville Municipal Airport and other projects as may be required. The Owner and Architect agree as set forth below. in the year of issue of the first work 2) An Airport rescue Disabilities Act non -federally funded Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 61987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT I3141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA • • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON D.C. 20006 6141-1987 1 WARNING: Unlicensed photocopying violates LLS. copyright laws and 15 subject to legal prosecution. i•• • EDITOR'S NOTE From time to time, the AIA makes minor corrections and clarifications in its documents as they are reprinted. Changes in the 7/88 reprinting of the 1987 edition of B141 were made in Subparagraphs 2.6.1 and 11.3.2. Changes in this 6/92 reprinting were made in Subparagraph 2.6.10 and Paragraph 4.5. See Section C of the Instruction Sheet for a detailed description of these changes. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained 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 described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, 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 preliminary estimate of Construction Cost based on current area, volume or other unit costs. see Article 12.6, Page 10 of this contract 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. See Article 12.6, Page 10 of this contract 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 Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- 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 tiling documents required for the approval of governmental authorities having jurisdiction over the Project. See Article 12.6, Page 10 of this contract 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. See Article 12.6, Page 10 of this contract 2.6 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and termi- nates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substan- tial Completion of the Work. 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 Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority 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 shall not be unreasonably withheld. MA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject 10 legal prosecution. B141-1987 2 • 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. The Architect shall have authority to act on ,behalf of the Owner only to the extent provided in this Agreenient unless otherwise modified by written instrument. - 2.6.5 The Architect shall visit the site at intervals .appropriate 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 determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in aceor- dance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality.of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More .extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3.2) See Article 12.5, Page 10 of this Contract 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these. are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times haVe access to the Work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been spe- cially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts dUe the Conti -actor. 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's .Application for Pay- ment, that, to the best df the Architect's knowledge, informa- tion and belief, the Work has progressed to the point indicated and the quality of Work is in accordance withthe Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe-. cific qualifications expressed by the Architect. The issuance of a Certificate for Paymentshall further constitute a representation that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continuous on-site inspections to check the quality or quantity of the Work, (2)reviewed construction means, meth- ods,..techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor'si.ight to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract SUM.: 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the -Work in accordance with the proyisions of the Contract Docu- ments, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authority shall give'rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other pa - 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 ancl.Samples, but only for the limited 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 delay in the Work or in the con- struction of the Owner or of separate contractor's, while allow- ing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not con- ductedfor the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Doeuments, the Arthiteci shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment will meet the performance criteria required by the Con- tract Documents. 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting 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 Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assem- bled by the Contractor, and shall issue a final Certificate for Pay- ment upon compliance with the requirements of the Contract Documents. 3 B141-1987 AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AlAs • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL. 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's• control, the Architect shall notify the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or pan of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of MA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the fumishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL. SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; . 2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or . 3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, 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. 3.3.3 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 Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services 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 Providing analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 6141-1987 4 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project: 3.4.5 ProViding services relatiVe to future fatilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordi- nation of services required in Connection with construction performed and equipment supplied by the Owner. 3.4.9 ,Providinaservices in connection with the work of a con- struction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed ,estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, prikurement or installation of furniture, furnishings arid related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equip- ment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work fnade during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. • 3.4.17 Providing assiStance in the utilization of equipment or systems such as testing, adjusting and balm -icing, preparation of operation and maintenance manuals, training 'personnel for operation and maintenance, and consultation during 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 Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for otherthan archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise' included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES • 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and cri- teria, including space requirements and relationships, flexi- bility, expandability, special equipment, systems and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evi- dence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to 'act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. • • 4.6 The Owner shall furnish the services of geotechnical engi- neers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- tivity tests, including necesSary operations for anticipating sub- sbil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants .when such services are reasonably required by the scope of the Project and are requested by the Architect. . 4.7 The Owner shall furnish structural, 'mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The OWner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8' shall be furnished at the Owner's expense, and the Architect shall be entitled torely upon the accuracy and completeness thereof 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or !defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the 'Architect for review and approval at least 14. days prior to execution. The Owner shall not request certifica- tions that would require knowledge or services beyond the scope of this Agreement. 5 B141-1987 AIA DOCUMENT 13141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminay estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. ft is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments altemate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shalt . 1 give written approval of an increase in such fixed limit; . 2 authorize rebidding or renegotiating of the Project within a reasonable time; . 3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or . 4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, itoactittitatIttiftithdingi shall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not 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 by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory 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- tect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 7.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration 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 statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEEN1N EDITION • AIA • • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyrIgM laws and is subject to legal prosecution. B141-1967 6 • except. by written consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additiOnal person or entity shall not constitute consent to arbitration of any:claim, dispute or other matter in question not deseribed in the written consent or with a person or entity not named or described therein. The foregoing agree- ment to arbitrate and other .agreements to arbitrate with • an additional person or entity duly consented to by the parties to this Agreement shall be specifically 'enforceable in accordance . with applicable law in any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon ft in accordance with applicable law in any court having jurisdiction thereof. • ARTICLE, 8 • TERMINATION, SUSPENSION OR ABANDONMENT 8.1. This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shaft be equi- tably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3. This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in •the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. , 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered gubstantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services, • 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbuthable Expenses then due and all Termination Expenses as defined in Paragraph .8.7. 8.7 Termination Expenses are in addition to compensation for Ba:sic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services earned t� the time of ter- mination, as follows: .1 Twenty percent of: thedotal compensation for Basic and Additional Services earned to date if termination occurs before or during the predesign, site analysis, or Schematic Design Phases: or • .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. 4. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 UnlesS Citherwise provided, this Agreement shall be gov- erned by the lav of the principal place of business of the Architect. 9.2 Terms 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 statutes of limitations shall com- mence to run not later than either the date or Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for' • Payment for acts or failures to act occurring after Substantial CoMpletion. • 9.4 The Owner and Architect waive alkrights 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 rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201:General Conditions of the Contract for Construetion, 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 and legal representatives Of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written con- sent of the other.. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants 'shall have no responsibility for the discovery, presence, handling, removal or disposal of or expo- sure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the deign of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of 7 B141-1987 .AIA DOCUMENT B141 • OWNER-ARCHFFECT AGREEMENT • FOURTEENTH EDITION • AIA0 • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions 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 10.2.1 Reimbursable Expenses are in addition 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 Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees 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 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agieement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth 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 Project 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 (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the 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 com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect 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 performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 414XxX11111PWL'11441W6Pc Rmnr..0.4R sheitisnadrmakaxxxxxtaxidanxttworiemianmstraticatroarammtwomvigawpwaisin 11.2 BASIC COMPENSATION 11.2.1 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: (Insert basis of compensation. including stipulated sums. multiples or percentages. and identify phases to which particular methods of compensation apply. if. necessary) Fees for individual projects will be based on information in a formal work order issued by the owner for each project setting the scope of the work required. Fees will be mutually negotiated for each project based on the work order. AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA• • ©1987 THE AMERICAN INSTITUTE OF ARCH1TECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. B141-1987 8 11.2.2 Where coMpensation.is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase:" Construction Phase: Total Basic Compensation: Fifteen Twenty4,..- Forty Five - Twenty percent( 15%) percent( 20%) percent( 40%) percent( 5 %) . percent( 20%) one hundred percent (100%) 11.3 'COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: Employees' time at a multilile of two and three fourths Personnel Expense as defined in paragraph 10.1 (2.75) times their Direct 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2)services included in Article 12 -as part of Basic Services; but excluding services of consultants, compensation shall be comp)] ted as follows: • • (Insert basis of compensation, including rates andlor multiples of Direct Pensonnel Expense for Principals and employees, and identify Principals and classify employees, if required. identify specific services to which particular methods of compensation apply, if necessary.) Employees' time a multiple of two and three fourths (2.75) times their Direct Personnel Expense as adefinedsin paragraph 10.1. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3:4.10 or identified in Article 12 as part. of Additional Services, a multiple of one and one fourth .25 ) times the amounts billed to the Architect for such services. (identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one ( 1 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS • 11.5.1 IF THE BASIC SERVICES covered bV this Agreement have not been completed Within thirty—six ( 36 ) 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 are due and payable ten • ( 10 ) days from the date of the Architect's invoice. SomaxxxopaidxxxxxmcxxxxxxxxxxxxxXxxxxxxlaRatimataniXEngitThaPfilkt4WRUMaiRcitItirai.1034axgwacxxx MXIcaugnamexaktxxOtztatSigicinikeeficcisthaingsfxontitincXxixtmaiaisbapStxxickliatistafatkietittfiX (FiNeXtlea2KajtaRidielWaRIL ,r • (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit lazes and other regulations at tbe Owner's and Arch(- tect's principal places of business, the lotation of tbe Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 9 8141-1987 AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • MA ° • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additkmal Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement) 12.1 The scope of work and fee for each individual project to be completed under this contract is to be determined by a written work order for each project issued by the owner. The Architect on review of the work order will negotiate a fee for the work and on acceptance by the Owner each agreed work order will be subject to the conditions of this contract Articles 1 thru 12. 12.2 Each work order once accepted will be an attachment to this contract. 12.3 All federally funded projects will conform to FAA Standards for Professional Service Contracts FAA Advisory Circular 150/5100-14C. 12.4 Hourly rates if used as a basis for fees on individual work orders ill be based on the attached rate schedule. 12.5 Architect will visit the job site a minimum of once every ten working days, more often if required by job conditions, at no additional cost. (See Article 2.6.5, Page 3). 12.6 Architect will provide Owner with a minimum of six sets of documents at each phase shown in Article 2, Page 2. This Agreement entered into as of the day and year first written above. OWNER (Si 2777/4 Fred Hanna, Mayor ARCHITECT mvQ1111#44444Ar ( gna ) Richard Alderman, Principal, NW AR Office (Printed name and title) (Printed name and title) AIA CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA. ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, KW., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright ken and Is subject to legal prosecution. B141-1007 10 • PROFESSIONAL SERVICES SUPPLEMENT AIA DOCUMENT G604 (Instructions on reverse side) . WORk ORDER #1 • InaccordancevddltheAGREERIENTdated: April 7, 1994 BETWEEN: the owner: CITY OF FAYETTEVILLE and: the architect: Wittenberg, Delony & Davidson, Inc. 100 W. Center St., Suite 102 Fayetteville, AR 72701 for the Project: (Insert Project name and address as a appears in the Agreement ) A contract for projects over a three (3) year period at the Fayettevile Municipal Airport. authorization is frEapmeN) (given) (strike one) { /9 to proceed with Additional Services in accordance with Article 1/12 0 to proceed with revised scope of Basic Services to incur Reimbursable Expenses OR El notification is made El of the need to proceed with Contingent Additional services of the need for other services AS FOLLOWS Work Order #1 for: Review of existing conditions and expansions of the Commercial Terminal Building based on a proposed owners budget of $564,000.00. • The following adjustments shall be made to compensation and time. • Compensation: (Insert prom:stores in accordance with the Agreement, or as othenvise agreed by the parties.) A lump sum fee for Architectural Services in the amount of $41,125.00. A proposed reimbursable expense budget in the amount of $5,000.00. Time: (Insert provisions covering time of commencement and completion of authorized services as applicable.) No change. Prompt written notice is required if the services indicated are not needed. SUBMITTED BY: AUTHORIZATION IS GIVEN or NOTIFICAT riN IS ACKNOWLEDGED BY: Richard Alderman, Principal (PrthMinameamniti° Northwest Arkansas Office (Date) AIA z!„ / (Signe re) Fred Hanna, Mayor (Printed name and (itle) (Dat.?) CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. AIA DOCUMENT 0604 • PROFESSIONAL SERVICES SUPPLEMENT • AIM • 01993 • THE AMERICAN INSTITUTE OF AxcurrEcrs, 1735 NEW YORK AVENUE, N.W., WASHINGTON D C 213006-5292 • WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. G604-1993 INSTRUCTION SHEET FOR ALA DOCUMENT 6604, PROFESSIONAL SERV CES SUPPLEMENT A. GENERAL INFORMATION 1. Purpose AIA Document C,004 is intended to formalize the procedures for authorizing supplemental professional actions such as proceeding with Additional Services, expanding the scope of Basic Servicesor incurring Reimbursable Expenses. R should only be used to record actions authorized in accordance with the Agreement between the panics for professional services. It will provide a written record of each author- ization. giving particulars of activities, compensation and time. 2. Limited License Tor Reproduction AIA Document G604 is a copyrighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the AIA. The G604 document is intended to be used as a consurnable—t hat is, the original document purchased bv the user is intended to be consumed in the course of being used. There is no implied permission to reproduce this document, nor does nternber- ship in The American Institute of Architects confer any further rights to reproduce them. A cautionan: notice is printed in red on the original of this document. This notice distinguishes an original MA document from copies and wunterfeits. lb ensure accunfity and uniformity of language, purchasers shoukl use only an original AIA document or one that has been reproduced under a special limited license from the AIA. A limited license is hereby granted to retail purchasers to reproduce a maximum of ten copies of a convicted or executed G604, but only for use in connection with a particular Project. G604 inay not be reproduced for Project Manuals. Rather, if a user wishes to include it as an example in a Project Manual, the normal practice k to purchase a quantity of the printed forms and bind one in each of the Project Manuals, Partial modifications, if any, may be accomplished without completing the form by using separate Supplementmy Conditions. B. CHANGES IN FORMAT AND CONTENT FROM THE PREVIOUS EDITION The G604 document has been expanded to permit modification of both Owner -Architect and Architect -Consultant agreements. Two primary options are provided; one requesting or granting authorization to take action not previously contemplated by an existing agreement, the other notifying a party to an existing agreement that services MA previously contemplated may be required. C. COMPLETING THE G604 FORM The date to be filled in on the first line should be the date of the original Agreement between the parties. The document is appropriate for use by any two parties who have an agreement for professional services. Therelbre, the Owner could author- ize the Architect u) take some action, or the document could be used for Architect -Engineer, Architect-Intenor Designer, or other relation- ships. The names of the parties should be indicated as they appear in the Agreement. Similarly, the Project's name and address should be described as they appear in the Agreement. One or more actions may be designated and each should be fully described under AS FOLLOWS:, Complete provisions for compensation and time should be listed. Often, the basis of compensation will be covered in the Agreement. such as for Additional Services. Whether by reference, restatement or new agreement, full particulars of compensation and time should be included here. For. example: `'Compensation for Additional Services shall be in accordance with Pantgraph 11.3 of the Agreement"; The time for per- formance of Design Development services shall be extended by twenty-one (21) calendar days." If additional sheets are used to describe authorized action, compensation or time, these should be identified in the. appropriate place, and the number cif additional sheets should be stated. It is advisable for both parties to initial and date all such sheets. The G604 document should be signed in a manner consistent with that of the original Agreement. In case of any clue on, it is appropriate to ascertain whether the other party has authority to authorize Or agree to perform the activities contemplated herein. r. 1 2,7 -is jt, k h .1 `sl AIA DOCUMENT G604 • INSTRUCTION SHEET FOR PROFESSIONAL SERVICES SUPPLEMENT • 1993 EDITION • ARM THE AMERICAN INSTITUTE OE ARCHITECIS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006-5292 G604-1993 PROFESSIONAL SERVICES SUPPLEMENT AIA DOCUMENT G604 (Instructions on reverse side) • WOrCIC ORDER #2 • In accordance with the AGREEMENT dated: April 7, 1994 BErVVEJEW the owner: CITY OF FAYETTEVILLE • and: the architect: Wittenberg, Delony & Davidson, Inc. 100 W. Center St., Suite 102 Fayetteville, AR 72701 for the Project: (Insert Project name and address as it appears en the Agreement ) A contract for projects over a three (3) year period at the Fayetteville Municipal Airport. n authorization is #.1141WORN) (given) (strike one) K to proceed with Additional Services In accordance with Article #12 E to proceed with revised scope of Basic Services at to incur ReimbumaNe Expenses OR E notification is made E of the need to proceed with Contingent Additional services E of the need for other services AS FOLLOWS: Work Order 112 for American with Disabilities Act Modifications based on a proposed owners budget of $40,000.00. The following adjustments shall be made to compensation and time. Compensation: (Insert provisions in accordance with the Agreement, or as otherwise agreed by the parries) A lump sum fee for Architectural Services for the amount of $4,000.00. A proposed reimbursable expense budget in the amount of $1,000.00. Time: (Insert provisions covering time of commencement and completion of authorized services as applicable.) No change. Prompt written notice is required if the services indicated are not needed. SUBMITTED BY. (Sw,Lsure) ichard Alderman, Principal (Printed name amflide) Northwest Arkansas Office (Date) AIA AUTHORIZATION IS GIVEN or NOTIFLCKU6N IS ACKNOWLEDGED BY: Fred Hanna, Mayor (Printed name and (itle) (Dater CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. AIA DOCUMENT G604 • PROFESSIONAL SERVICES SUPPLEMENT • AJAR • CI993 • THE AMERICAN INSTITUTE oFARcuirrEcrs, 1735 NEW YORK AVENUE, N W , WASHINGTON, DC.200065292 • WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. G604-1993 INSTRUCTION SHEET FOR MA DOCUMENT G604; PROFESSIONAL SERVICES SUPPLEMENT A. GENERAL INFORMATION 1. Purpose AIA Document 0604 is intended to formalize the procedures for authorizing .supplemental professional actions such as proceeding with Additional Services, expanding the scope of Basic Services or incurring Reimbursable Expenses. h should only be userl to record actions authorized in accordance with the Agreement between the parties for professional services. It will provide a written record of each author- ization. giving particulars of activities, compensation and time. 2. Limited License for Reproduction AIA Document G604 is a copyiighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the ALA. The G604 document is intended to be used as a consumable—that is, the original document purchased by the user is intended to be consumed in the course ofbeing used. There is no implied permission to reproduce this document, nor does member- ship in The American Institute of Architects confer any further rights to reproduce them. A cautionary notice is printed in red on the original of this document. This notice distinguishes an original AIA document from copies ancl counterfeits. To ensure accuracy and uniformity of language. purchasers should use only an original ALA document or one that has been reproduced under a special limited license from the AIA. A limited license is hereby granted to retail purchasers to reproduce a maximl1111 of ten copies of a completed or executed G604, but only for use in connection with a particular Project. G604 may not be reproduced for Project Manuals. Rather, if a user wishes to include it as an example in a Project Manual, the normal practice is to purchase a quantity of the printed forms and bind one in each of the Project Manuals. Partial modifications, if any, may be accomplished without completing the form by using separate Supplementary Conditions. B. CHANGES IN FORMAT AND CONTENT FROM THE PREVIOUS EDITION The G604 document has been expanded to permit modification of both Owner -Architect and Architect -Consultant agreements, Two primary options are provided: one requesting or granting authorization to take action not previously contemplated by an existing agreement, the other notifying a party to an existing agreement that services not previously contemplated mav be required. C. COMPLETING THE G604 FORM The dace to be filled in on the first line should be the date of the original Agreement between the parties. 'the documcnt is appropriate for use by any two parties who have an agreement for professional services. Therefore, the Owner could author- ize the Architect to take some action, or the document could be used for Architect -Engineer, Architect -Interior Designer. or other relation- ships. The names of the parties should be indicated as they appear in the Agreement. Similarly, the Project's name and address should be described as they appear in the Agreement. One or more actions may be designated and each should be fully described under .AS FOLLOWS2'. Complete provisions for compensation and time should be listed. Often, the basis of compensation will be covered in the Agreement, such as for Additional Services. Whether by reference, restatement or new agreement. full particulars of compensation and time should be included here. For. example: "Compensation for Additional Services shall be in accordance with Paragraph 11.3 of the Agreement"; "The time for per- formance of Design Development services shall be extended by twenty-one (21) calendar days." If additional sheets are used to describe authorized action, compensation or time, these should be identified in the appropriate place, and the number of additional sheets should be stated. It is advisable for both parties to initial and date all such sheets. The G604 document should be signed in a manner consistent with that of the original Agreement. in case of any question, it is appropriate ascertain whether the other party has AllEhority to authorize or agree to perform the activities contemplated herein. • NJJ AIA DOCUMENT G604 • INSTRUCTION SUM' FOR PROFESSIONAL SERVICES SUPPLEMENT • 1993 EDITION • ALA" THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. NAV., WASHINGTON, D.C. 20006-5292 G604-1993 • 1/6/93 • Append 1 AC 150/5100-14C APPENDIX 1 - CONTRACTOR CONTRACTUAL REQUIREMENTS TITLE VI ASSURANCES a During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinaftr.r referred to as the "contractor") agrees as follows: 1. Compliance ',Pith Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Tide 49, Cole of Federal Regulations, Part 21, as they may be amended fromlime to,time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract a • 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, includ- ing procurements of materials and leases of equipment. The contractor shall not participate either directly or indi- rectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this cornet and the regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the regula- tions or directives issued pursuant thereto and shall permit access to its books, records, accounts, other solaces of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be peninent to ascertain compliance with such regulations, orders, and instructions. Where any information re- quired of a contractor is in the exclusive possession of another who faits or refuses to furnish this information, the contractor shall so cenify to the sponsor or the FAA, as appropriate, and shall set forth what effons it has made to obtain the inforrnation. 5. Sanctions for Noncompliance. In the event orthe contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may deterrnine to be appropriate, including but not limited to— (a) withholding of payments to the connector under the contract until the contractor complies, and/or (b) cancellation, termination, or suspension of the contract, in whole or in pan. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subconuact, including procurements of materials and leases of equipment, unless exempt by the regulations or direc- tives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor Or the FAA may direct as a means of enforcing such. provisions including unctions for noncompli- ance. Provided. however. that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request ihe sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. • • 1 • AC 150/5100-14C Appendix 1 S. 1/6/93 DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES 1. Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises. as defined in 49 CFR Pan 23, shall have the maximum oppornmity to participate in the performance of contracts financed in whole or in pan with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreanent. 2. DBE Obligation. The contractor agrees to ensure that disadvantaged business enterprises, as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financtt in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and treasonable steps in accordance with 49 CFR Pan 23 to ensure that disadvantaged business enter- prises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color. national origin, or sex in the award and performance of DOT—assisted Contracts. 2 • • • AGENDA REQUEST xx CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM For the Fayetteville City Council meeting of FROM: Dale Frederick Airport Name ACTION REQUIRED: Review and approval of Work Order #3 with Wittenberg, Delony & Davidson for schematic design ideas and drawings regarding terminal expansion needs. The fee shall not exceed $3000, and $850 for reimbursable expenses. I -de to/ 60.qi oiocer/ 6.4rk ard'ar vv, # Item.' ere? • - N/A approval approval by Mayor's Signature General Gvmt. Division Department COST TO CITY: $ 3,850.00 Cost of this Request scsn-RgA0-5114 00 Account Number n/a Project Number $ 40,000 Category/Project Budget 0 Funds Used To Date 40,000 Remaining Balance Capital Category/Project Name Professional Svc. Program Name Airpoit Fund BtDGET REVIEW: uaget Coordinator X Budgeted Item Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE 41 9 Accountin Manrge REVIEW: City Attorney Purchasing Officer STAFF RECOMMENDATION: Staff recommends approval 141 Th•NA Division Head Date Date Date c9-0,1 -95 Date GRANTING AGENCY: Date 7 -7/ -95 - Date Department Director 2/10/95 Date Date rative Service Cross Reference New Item: Yee No Prey Ord/Res #: Orig Contract Date: FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Contract Review Personnel FROM: Dale Frederick, Airport Managa5- DATE: February 10, 1995 SUBJECT: Work Order #3/Wittenberg. Delony & Davidson. Inc. Attached please find Work Order #3 to a basic three year architectural contract dated May 17, 1994. This work order will accomplish the development of schematic design ideas and rough drawings for consideration regarding terminal expansion space needs based on traffic projections. The fee for this work shall not exceed $3,000. Reimbursable expenses are eligible for payment with appropriate documentation in an amount not exceed $850. Should you have any questions or require additional information, please do not hesitate to contact this office. Attachment: One original Work Order #3 document Contract Review Form