HomeMy WebLinkAbout105-98 RESOLUTIONRESOLUTION NO. 1 n s- v 8
A RESOLUTION AWARDING AN ARCHITECT CONTRACT
UNDER RFP 98-3, TO MEYER, SCHERER & ROCKCASTLE,
LTD., IN THE AMOUNT OF $36,747, PLUS A CONTINGENCY
AMOUNT OF $3,675, TO PROVIDE THE FAYETTEVILLE
PUBLIC LIBRARY WITH A MASTER PLAN DEVELOPMENT
STUDY, AND APPROVING A BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby awards an architect contract under RFP 98-3,
to Meyer, Scherer & Rockcastle, Ltd., in the amount of $36,747, plus a contingency amount of
$3,675, t6 provide the Fayetteville Public Library with a master plan development study, and
authorizes the Mayor and City Clerk to execute said contract. A copy of the contract is attached
hereto marked Exhibit "A" and made a part hereof.
Section 2. The City Council hereby approves a budget adjustment in the amount of
$40,422 increasing Professional Services, Acct. No. 4470 9470 5314 00, Project No. 98093 1 by
decreasing Use of Fund Balance, Acct. No. 4470 0947 4999 99. A copy of the budget adjustment
is attached hereto and made a part hereof.
PASSED AND APPROVED this 4th day of August , 1998.
APPROVED-
By
F ed Hanna, Mayor
ATTEST:
By:
Heather-.- Woodruff, City Clerk
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EXHIBIT tvti
Standard Form of Agreement Between
Owner and Architect for Special Services
AIA Document 8727 - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
Recommended for use with current editions of standard AIA Agreement fortes and documents.
Copyright 1972, 1979, 1988 by The American Institute of Architects, 1735 New York Avenue N.W., Washington D. C., 20006-5292. Reproduction of the material
herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the U.S. and will be subject to legal prosecution.
AGREEMENT
made as of the WA day of 441y. in the year of Nineteen Hundred and Ninety -Eight
BETWEEN the Owner:
(Name and address)
City of Fayetteville. Fayetteville, AR
and the Architect:
(Name and address)
Meyer Scherer & Rockcastle, Ltd., Minneapolis, MN
For the following Project:
(Include detailed description of Project, location, address and scope)
Planning studv for the Favetteville Public Library
The Owner and the Architect agree as set forth below
AIA DOCUMENT B727 -OWNER-ARCHITECT AGREEMENT - 1988 EDITION -AIA- COPYRIGHT 1988 -THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W.. WASHINGTON D.C.. 20006-5292.: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B727-1988
a User Document: 9856CN01.DOC -- 7123/1998. AIA License Number 100381, which expires on 2/28/1999 --Page #1
ARTICLE 1
ARCHITECT'S SERVICES
(Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement. Note under each service listed the method and means of
compensation to be used, ifapplicable, as provided m Article 8.)
Prime are a Master Plan Report for the Fayetteville Public Library in accordance with the Work Plan as detailed in Appendix A. The
professional fee for labor shall be stipulated sum of $29,820.00. The estimated amount of reimbursable expenses is $6,927.00. Th
study shall be substantially completed by November 30, 1998,
AIA DOCUMENT B727 - OWNER -ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON D.C., 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B727-1988
User Document: 9856CN01.DOC — 7/23/1998. AIA License Number 100381, which expires on 2/28/1999 — Page #2
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 2
OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding
requirements for the Project. The Owner shall furnish
required information as expeditiously as necessary for the
orderly progress of the Work, and the Architect shall be
entitled to rely on the accuracy and completeness thereof.
2.2 The Owner shall designate a representative authorized to
act on the Owner's behalf with respect to the Project. The
Owners's representative shall be Louise Shaver, Director,
Fayetteville Public Library. 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.
ARTICLE 3
USE OF ARCHITECT'S DOCUMENTS
3.1 The documents prepared 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 reproducible copies, of the
Architect's documents for the Owner's information, reference
and use in connection with the Project. The Architect's
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 compensation to the Architect.
ARTICLE 4
ARBITRATION
4.1 Claims, disputes or other matters in question between the
parties to this Agreement arising out of or relating to this
Agreement or breach thereof shall be subject to and decided
by arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association
currently in effect unless the parties mutually agree otherwise.
4.2 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.
4.3 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, 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 described in the written consent or with
a person or entity not named or described therein. The
foregoing agreement 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 in the State of Arkansas .theFeAf
4.4 The award rendered by the arbitrator or arbitrators shall
be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
ARTICLE 5
TERMINATION OR SUSPENSION
5.1 This Agreement may be terminated by either party upon
not less than seven -fourteen 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.
5.2 If the Owner fails to make payment when due the
Architect for services and expenses, the Architect may, upon
seven days' written notice to the Owner, suspend performance
of services 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.
5.3 In the event of termination not the fault of the Architect,
the Architect shall be compensated for services performed
prior to termination„ together -with Reimhumable Expenses
then -4ue and aN T-eFminatien &penes -as defined 4n -
AIA DOCUMENT B727 - OWNER -ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON D.C., 20006.5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B727-1988
User Document: 9856CN01.DOC — 7/23/1998. AIA License Number 100381, which expires on 2/28/1999 — Page #3
. _-.. t!ettTST�_iI-IRR�7'. �JSyM9Ia TMSRIRfT
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Unless otherwise provided, this Agreement shall be
governed by the law of the principal place of business of the
Owner.Afehiteet.
6.2 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 statute of limitations shall
commence to run not later than the date payment is due the
Architect pursuant to Paragraph 8.4.
6.3 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,
successors, 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 consent of the other.
6.4 This Agreement represents the entire and integrated
agreement between the Owner and Architect and supersedes
all prior negotiations, representations or agreements, either
written or oral. This Agreement includes AUpendix A. This
appendix is the work plan presented to the City in response to
a Request for Proposal. This Agreement may be amended
only by written instrument signed by both Owner and
Architect.
6.5 Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a
third party against either the Owner or Architect.
or other toxic substances. The scone of work includes a
review of the existing Cityof Fayetteville library_ building
for suitabiliri as an expanded library. The Owner and the
Architect agree that this review will not be extensive and will
not include the preparation of measured drawings, engineering
analysis or destructive testin . Anv options for remodeling
and/or expansion of the liber will be based only on plans
and information provided by the Owner and visual
observationbv the Architect. If further extensive examination
of the building is required, the Owner shall authorize
additional compensation for this work.
ARTICLE 7
PAYMENTS TO THE ARCHITECT
7.1 DIRECT PERSONNEL EXPENSE
7.1.1 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
contributions and benefits
related thereto, such
as employment
taxes and other
statutory
employee benefits,
insurance, sick
leave, holidays,
vacations,
pensions, and similar contributions
and benefits.
7.2 REIMBURSABLE EXPENSES
7.2.1 Reimbursable Expenses are in addition to the
Architect's compensation and include expenses incurred by
the Architect and Architect's employees and consultants in the
interest of the Project for:
.1 expense of transportation and living expenses in
connection with out-of-town travel authorized by the
Owner;
.2 long-distance communications;
.3 fees paid for securing approval of authorities having
jurisdiction over the Project;
.4 reproductions;
.5 postage and handling of documents;
.6 expense of overtime work requiring higher than
regular rates, if authorized by the Owner;
.7 renderings and models requested by the Owner;
6.6 Unless otherwise provided in this Agreement, the ,8 expense of additional coverage or limits, including
Architect and Architect's consultants shall have no professional liability insurance, requested by the
responsibility for the discovery, presence, handling, removal Owner in excess of that normally carried by the
or disposal of or exposure of persons to hazardous materials Architect and the Architect's consultants; and
in any form at the Project site, including but not limited to
asbestos, asbestos products, polychlorinated biphenyl (PCB)
ALA DOCUMENT B727 - OWNER -ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON D.C., 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B727-1988
User Document: 9856CN01.DOC -- 7/23/1998. AIA License Number 100381, which expires on 2/28/1999 — Page #4
.9 Expense of computer-aided design and drafting
equipment time when used in connection with the
Project.
7.4 ARCHITECT'S ACCOUNTING RECORDS
7.3 PAYMENTS ON ACCOUNT OF THE
ARCHITECT'S SERVICES 7.4.1 Records of Reimbursable Expenses and expenses
pertaining to services performed on the basis of a multiple of
7.3.1 Payments on account of the Architect's services and Direct Personnel Expense shall be available to the Owner or
for Reimbursable Expenses shall be made monthly upon the Owner's authorized representative at mutually convenient
presentation of the Architect's statement of services rendered times.
or as otherwise provided in this Agreement.
ARTICLE 8
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
8.1 AN INITIAL PAYMENT OF zero Dollars (S 0 ) shall be made upon execution of this Agreement and credited to the Owner's
account at final payment.
8.2 COMPENSATION FOR THE ARCHITECTS SERVICES, as described in Article 1, Architect's Services, shall be computed as
follows:
(Insert basis of compensation, including stipulated sums multiples or percentages, and identify the services to which particular methods of compensation apply, if
necessary.)
The nrofessional fee for labor shall be stinulated sum of 529.820.00.
8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 9 as Reimbursable
Expenses, a multiple of one(1_0) times the expenses incurred by the Architect, the Architect's employees and consultants in the
interest of the Project.
8.4 Payments are due and payable the ( 30 ) days from the date of the Architect's invoice. Amounts unpaid fifteen (15 ) days
after the invoice date shall be payable on demand. beaF interest-94he-Fateentered beaew;-eF44he absen6A threelegal roto-
PFeVailifig frffin time to time at the pFinGipal place -f h- 19in.885 A -A -h-0- .
(Insert rate of interest agreed upon.)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owners and
Architects principal places of business, the location of the 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 other requirements such as written disclosures or waivers.)
8.5 IF THE SCOPE
of the Project
or of the Architect's services is changed
materially,
the amounts of compensation shall be
equitably adjusted.
ARTICLE 9
OTHER CONDITIONS
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
A
(Signa (Signor e)
%-u' rF -- 11 Ah .- (Printed name and tide)
(Printed name and title)
AIA DOCUMENT B727 - OWNER -ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON D.C., 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B727-1988
User Document: 9856CN01.DOC -- 7/23/1998. AIA License Number 100381, which expires on 2/28/1999 — Page #5