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HomeMy WebLinkAbout107-99 RESOLUTION• • RESOLUTION NO 107-99 • A RESOLUTION APPROVING A CONTRACT WITH FOSTER, WITSELL, EVANS AND RASCO, IN THE AMOUNT OF $51,900 AND A PROJECT CONTINGENCY OF $5,190, FOR ARCHITECTURAL SERVICES IN CONJUNCTION WITH CONSTRUCTION OF A SHELTER AND OFFICES FOR THE PROJECT FOR VICTIMS OF FAMILY VIOLENCE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section L That the City Council hereby approves a contract with Foster, Witsell, Evans and Rasco, in the amount of $51,900 and a project contingency of $5,190, for architectural services in conjunction with construction of a shelter and offices for the Project for Victims of Family Violence. A copy of the contract is attached hereto as Exhibit "A"and is made a part hereof. ,AND APPROVED thislt day of August , 1999. i„ • �J ATTESTL,``k B Heather Woodruff, City erk APPROVED! By ////`� Fred Hanna, Mayor • X Agenda Request Contract Review Grant Review For the City Council Meeting of STAFF REVIEW FO}(M August 17, 1999 RECEIVED AUG 0 4 1999 CRY OF FAYETTEVILLE CITY CLERK'S OFFICE From. Jan Simco Name Community Development Division Admin Services Department ACTION REQUESTED: Consideration of a contract with Foster Witsell Evans & Rasco for architectural services in conjunction with construction of a Shelter and offices for the Project for Victims of Family Violence. COST TO THE CITY: $57,090 Cost of this request 2180-4960-5390.27 Account Number 99068 Project Number $336,604 Project Budget $2,000 Funds spent to date $334,604 Remaining Budget Domestic Violence Shelter Category/Project Name Public Facilities /Improvements Program Name Community Development Fund BUDGET REVIEW: udgeted Item B etoordinator f Ise Attached A 41 stra 1 ve Services Director CONTRACT/GRANT/LEASE REVIEW: oviof +s,.,n Date Purchasing Manager Date Grantor Agency: al Auditor j‘-99 Date ADA Coordinator Date STAFF RECOMMENDATION: Staff requests approval of the Contract Division Head Date Department Director Date • 1. ad 1 9 9 7 EDITION MICR AIA DOCUMENT A75, /07-r FILMED B151-1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made asofthe __ day of AUGUST in the year N1N'EmeLt.14IUNDRED NWsr( MICAS (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) CITY of FAYETTENIu.E 113 W E•5T INMOUN'TAIN ST. FAY ETTEVILLE, Alt 11101 and the Architect: (None, address and other information) FOSTEE • WITSELL EVANS 6 RASco P.O. P>oX I &o2. 21 W. MOUNTAIN ,• SurTE *22 FAYETTEV1 L12, AR 12102- I Got For the following Project: (Include detailed description of Project) This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. VIcTt 45 c'F FAIMILY VIOLENCE SH1=I.TER / oFFIcES cotISISTIN&G of NEVI COM%EU Tlo OFA IZ85IDERTWL,_ IIoMELESS SRELTEt; AND AD14tNtSTRATIVE0FFICES APPPDX IMATELY Facto 54OArE IFetcT uN SIZE ..4 ri 5IITE 19 APPIPoXiMATEtY 3Acge5 AT 5,61711ERD tyres aF OWIJERt5 PBoPERtt AT SziNI:AST Cott NsR at— Anatt RAzoRt C:K AAP; CATO SPRINC69 RoA'DS- ACCESS l5 erf PgiVATE DRIVE: EXTENDGD FROM TREAT STt T. 51-M t-1AP nertalEO. The Owner and Architect agree as follows. Copyright 1974, 1978, 1987, 01997 by The American Institute of Architects. Reproduction of the material herein or sub- stantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1 01997 AIA® AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. 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. This schedule 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. 1.3 The Architect shall designate a representative authorized to act on behalf of' the Architect with respect to the Project. 1.4 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 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 structural, 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 limitations 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 Documents 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 similar conceptual estimating techniques. 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 doc- uments to fix and describe the size and character of the Project as to architectural, structural, 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. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 2 ®1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ®1997 AIA® AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents 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 Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions 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 indicated 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 approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 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. 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 initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 6o days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document Atm, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (t) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or 3 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. • continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the 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 rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities 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 otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (i) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has 0) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, 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 exercise 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 persons or entities performing portions of the Work. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 4 ®1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ®1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and 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 activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determin- ing the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as 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 any 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. 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with sup- porting 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 consistent with the intent of the Contract Documents. 2.614 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing with- in any time limits agreed upon or otherwise with reasonable promptness. 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 draw- ings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance 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 shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. • 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to mediation and 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 commencing 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 part of such Contingent Additional Services are not required, the Architect shall have no obligation 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 carrying 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 compensated 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 AIA Document 13352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing 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 necessary by adjustments in the Owner's program or Project 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 failure 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, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation 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 substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing 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, a dispute resolution proceeding or a 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, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1. Providing analyses of the Owner's needs and programming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. 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 facilities, 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 coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction 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, procurement or installation of furniture, furnishings and related equipment. 7 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. • • 3.4.14 Providing services for planning tenant or rental spaces. 3.435 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made 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 balancing, 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 Certificate for Payment, more than 6o days after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions 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 in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 4.2 The Owner shall establish and periodically 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 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated 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. 4.4 The Owner shall furnish surveys to describe 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 restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect 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. 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 8 0 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 4.6 The Owner shall furnish the services of consultants other, than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; 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 services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include 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 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated 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, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that 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, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither 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. 9 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 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, component 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 Documents alternate bids as may be necessary 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. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5; 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, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.5. 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 INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ®1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ®1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner s sole risk and without liability to the Architect and the Architect's consultants. 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 7.2 ARBITRATION 7.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph 7.1. 7.2.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall 11 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. • be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. 7.2.3 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 statute of limitations. 7.2.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, T except by written consent containing a specific reference to this Agreement and 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 parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.2.5 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. 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. 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. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.2 If the Project is suspended by the Owner for more than 3o consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 8.4 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. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 12 ®1997 AIA® AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 asf 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 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 Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, - - - - perf rmcd by the Architcct. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A2o1, General Conditions of the Contract 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 commence to run not later than either the date of Substantial Completion 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. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A2o1, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 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, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 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. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. • e 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 exposure of persons to hazardous materials or toxic substances in any form at the Project site. 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, 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 the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 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, employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .0 .1 et, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .s renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .s other similar direct Project -related expenditures. t 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 services performed within each phase of service, on the basis set forth in Subparagraph 11.2.z. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or -extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 14 ®1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 10.3.4 When compensation is based on a percentage of Construction 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 performed 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 portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 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 rendered or expenses incurred. 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation 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 adjudged to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available 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: 11.1 An Initial Payment of ZERo Dollars (3 0.00 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 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) CoMPNSATICN, SHAC,L Bt E161AT PERCEST C8t0i0F Cof4"RZuCTIoN C6ST AS P? Fh aD ltk MAGRAPIt SA WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 15 01997 AIA0 AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 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: FIFT5EN TW ✓serf Fot2T`( nva lW?Nr( percent (1S%) percent 20/o) percent (4Q/0) percent (/5 s %) percent e2,04) Total Basic Compensation: one hundred percent (loo%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compen- sation shall be computed as follows: roe FULLtit O1551ERVATtoN of WATPR MD SEvJsR WoRIC coTagsA-noN SU- Pie Q MuLTtPLe. of ONS QoLRIT TSN C l• to) TIMES TI{E. AHouRT Stu st) 'frf Chit. !✓N6INs9Q lb AgeRrecr fbR. tOR SE2'lUCES. 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 computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel 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.) COMPENSATION fog SERVICES RSNcSREO 13 PKINCIP'LS AND EMPLo'C'S 4NALL Bea MulttPLE OF --Mae Fb}NT tweble (3.12) TIMES DRE4T SALAR`( EXPANSE .XcLuPtrl& 414Y CoSart, OF MA-ND1lToR-( oR CUSTOMAR:`( CoATRll5cft1,oNs AND 1NaFterS. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 16 opo ®1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 a 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of OH6 ?B 114c TtN( 1. to) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of ORS teXtri qtly (1 40 times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Basic Services covered by this Agreement have not been completed within anNE14t1 RN) ( 24 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compen- sated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable THt(r(rf ( 3 0 ) days from the date of the Architect's invoice. Amounts unpaid 511,,r( ( (, 0 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (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 Owner's and Architect's 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 requirements such as written disclosures or waivers.) 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 17 ®1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terns included in this Agreement.) l2.► CN►L ENGINEE2ING seRVtcSS FoR PARKING, CRAit4AGE, 5ev4R corittcrtor4 Wienit % leo0 FEETcf 5fM, WA -TER Lite ASD PRIM'? l7RNE4K( IMCLuDWo 13ASlC DsSIGN, E WDING A$D CoNSTQtCTlork FWASe SeRutcs SHALL 8s A Lupi, 5cHOF NINE TaJ2ttt4D st'eH NuRCRSD pewits Ct 9,loa.ou), 122 SURVEY AS DeScR i esD I N PARAG2APK 44 Is _ AVAILAAP,Lu fRoM CNLL l~NGINBI 2-. role. A LUMP of TNEL\le HutOReo CbLLARS C 411,20o) 12:3 SeiNICES To PeoVIDF CbcuMeflTS AHD MAKS fRf-SEIVildt5 foe loT SPUel, LARGE SCALB DENEE iciR-1Ettre Ant cvMPtano ML U5 AS RK IRED 1:5-C nn SHAD. es A LUMP 5uM Of NINP lilooS%ND TbLUA25 . C 9, oco). This Agreement entered into as of the day and year first written above. k1711 O W E R (Signature) ARCH T E C T (Signature) JAMES R_Fcgstl 2 (Printed name and title) (Pnpttonr�n� ynili titer) 1.41346,69. TOMS. W►TSet EVAKS 61.4%; PL CAUTION: You should sign an original ALA document or a licensed reproduction. Originals contain the AIA logo printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. WARNING: Unlicensed photocopying violates U.S. copyright Taws and will subject the violator to legal prosecution. 18 01997 AIA® AIA DOCUMENT 8151-1997 LCABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Council I' FROM: Kevin Crosson, Administrative Services Director,( DATE: July 29, 1999 SUBJECT: Contract for Architectural Services - Family Violence Shelter Project Description The 1999 Community Development Budget includes an allocation for construction of a residential shelter and offices for the Project for Victims of Family Violence. This building will replace the existing facility that is inadequate to meet current and future needs. The project includes construction of a building approximately 5,000 square feet in size and will be located on City - owned land. The Professional Services Selection Committee selected FostenWitsell Evans, & Rasco as architect for the project. James Foster, principal architect for the project, provided a Contract for Architectural Services and a copy is submitted for your consideration. BASIS FOR COMPENSATION Compensation for architectural services and engineering costs is $51,900 with a 10 percent contingency of $5,190. The contingency will cover compensation services for which costs cannot be calculated at this time. The unknown costs are for observation of water and sewer work (see paragraph 11.3.1) and reimbursable expenses (printing contract documents, state health department and plumbing review fees, and other miscellaneous expenses). Compensation for architectural services is based upon 8 percent of the construction budget of $400,000. These services include Schematic Design, Design Development, Construction Documents, Bidding/Negotiations and Construction Observation. Costs are detailed below: Architectural Services $32,000 Civil Engineering 9,700 Survey 1,200 Lot Split, Large Scale Development 9,000 Total $51,900 BUDGET CONSIDERATIONS The 1999 Community Development Budget contains $375,000 for this project. The Project for Victims for Family Violence is seeking additional funding from state, federal, and private sources and Community Development Block Grant funds will be allocated in the 2000 Budget if needed to complete construction. STAFF RECOMMENDATION Foster-Witsell Evans, & Rasco has completed several successful projects in Fayetteville including the University of Arkansas Campus Master Plan and the Ozark Building located on North College (north of the Old County Courthouse). The Selection Committee was particularly interested in Mr. Foster's work in conjunction with the renovation of the Chi Omega Sorority House due to the residential nature of the City's proposed project. This firm is familiar with federal grant requirements and has demonstrated it's ability to meet budget goals in a responsible and efficient manner. Staff requests favorable consideration of this request and approval of the Contract. Please call me or Jan Simco, Community Development Coordinator, if you have questions or need additional information. Attachments: Contract for Architectural Services (copy) I 1997 EDITION E HIBIT A AIA DOCUMENT I B151-1997 Abbreviated _.Standard Form of Agreement Between Owner and Architect A G R E E M E NT.;Imade as of the day of Aueusr in the year N$% E n % U%t(RE0 NINEr'( Nlt (In words, indicate day, month and )ear) BETWEEN the Architect's_ client identified as the Owner: (Name, address and othei informi tion) ' : o." ' Cl. cF FAYS1'tMlt:l.!≤ it'�::W EST.MOUNTAIM ST. :. _M Et I vILLE,4t: '2101 , and the Architect:'. (Name, address and other information) 2.I ..1N1:_McwwTAiM, SUITE. 122 FAY :r', AIA 12102- . For the following Project: (Include detailed description of Piojed) This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. VICTIMS OF FAMII-Y v1o12Hca 54ag/ / ornc s CONS$flt & OF NEYr1,CoNS112ucTtbt4 OFA RESIMATIA = HOMELESS SI'EEL'TE& AND. ADMIMSTIZA lVVE offlca5 APPRaXtMATELY S,cno_54OArEFe..T,u1size. . The Owner and Architect agree as follows. Copyright 1974. 1978, 1987, 01997 by The American Institute of Architects. Reproduction of the material herein or sub- stantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNINr' IIn W.n.aA nA„Yw....L..YI. _. 1, c ....N , I .......J ...ill ...S1... •l. ..I1..... ,.. 4..1 wrn,IMn 01997 AIA@ AIA DOCUMENT 8151.1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 1 ARCHITECT'S RESPONSIBILITIES I . - 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. , I . • 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be rt "adjusted as the Project proceeds."This schedule shall include allowances for periods of time required for the' Owhei 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. "1.3 - ' • The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. 1.4'x" The•services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ml ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES . 2.1 1L DEFINITION izth; I is ' Ir'The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any • other services identified in Article uias part of Basic Services, and include normal structural, mechanical and electrical engineering services. :_i 2.2 .. SCHEMATIC DESIGN PHASE ,',r ;e t; ... n•2.2.1'i,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 limitations set forth in Subparagraph 5.2.1. 2.23 The Architect shall review with the Owner alternative approaches to designand 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 Documents 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 similar conceptual estimating techniques. 23 DESIGN DEVELOPMENT PHASE 23.1 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 doc- uments to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 23.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unike,ised photocopying violates U.S. copyright laws and will subject the violator tolegal prosecution. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents 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 Specifications setting forth in detail the requirements for the construction of the Project. •' , 2.4.2 The Architect shall assist, the Owner ,in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor.. 2.43 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated 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 approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE . L t` 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. 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 initial Contract for Cbnstntction`and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 6o days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA' Document Alm, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. • I I 2.63 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. M LEto o. .o 0 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate 0 1 9 9 r A I A ® to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect AIA DOCUMENT 8151-1997 in Article 12, (t) to become generally familiar with and to keep the Owner informed about the ABBREVIATED OWNER- progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner ARCHITECT AGREEMENT against defects and deficiencies in the Work, and (3) to determine in general if the Work is being The American Institute performed in a manner indicating that the Work, when fully completed, will be in accordance of Architects with the Contract Documents. However, the Architect shall not be required to make exhaustive or 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws end will subject the violator to legal prosecution. continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the 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 rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements. of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible .for, acts or omissions of the, Contractor,, Subcontractors, or their agents or employees, or of any other persons or entities 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. t ::, 4. 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Ownershall endeavor to communicate with the Contractor through the Architect about'matters arising out of or relating to the Contract Documents. Communications by and with the, Architect's consultants: shall be through the Architect. 2.6.9 - CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. . I .r 2.6.9.2 The Architect's certification for, payment shall constitute. a representation to the Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect.: r 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3), reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or(4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, 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 exercise 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 persons or entities performing portions of the Work. 01997 AIA® AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and 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 activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determin- ing the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as 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 any 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. 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the .Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to relyi upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 'r 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with sup- porting 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 consistent 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 from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. "' 2.6.15 The Architect shall interpret and decide matters concerning performance of the• Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing with- in any time limits agreed upon or otherwise with reasonable promptness. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and o reasonably inferable from the Contract Documents and shall be in writing or in the form of draw- 0 ings. When making such interpretations and initial decisions, the Architect.shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, O 1 9 9 7 A I A ® and shall not be liable for results of interpretations or decisions so rendered in good faith. AIA DOCUMENT 8151-1997 ABBREVIATED OWNER- 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question ARCHITECT AGREEMENT between the Owner and Contractor as provided in the Contract Documents. However, the The American Institute Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the of Architects intent expressed in the Contract Documents. 1735 New York Avenue, N.W. Washington. D.C. 30006-5292 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to mediation and 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 commencing 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 part of such Contingent Additional Services are not required, the Architect shall have no obligation 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 carrying 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 compensated 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 AIA Document B352 current as'of the date of this Agreement, unless otherwise agreed. 3.23 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 33 CONTINGENT ADDITIONAL SERVICES 33.1, Making revisions in drawings, specifications or other documents when such revisions are: .I inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulatiops subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure 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, quality, complexity, the Owner's schedule, or the method of bidding or Ilj� negotiating and contracting for construction, except for services required under Subparagraph o 0 o. o 5.2.5. 333 Preparing Drawings, Specifications and other documentation and supporting data, 0 1997 A I A ® evaluating Contractor's proposals, and providing other services in connection with Change AlA DOCUMENT 8151-1997 Orders and Construction Change Directives. ABBREVIATED OWNER - ARCHITECT AGREEMENT 33.4 Providing services in connection with evaluating substitutions proposed by the Contractor The American Institute and making subsequent revisions to Drawings, Specifications and other documentation resulting of Architects therefrom. 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing 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. 33.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 33.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a 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, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the' requirements of the Project. I. 3.4.2 Providing financial feasibility or other special studies. ' 3.43 Providing planning surveys, site evaluations or comparative studies of prospective sites. 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 facilities, 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 coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. c o 3.4.10 Providing detailed estimates of Construction Cost. o. o O.AoC 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 01997 AIA® AIA DOCUMENT 8151-1997 3.4.12 Providing analyses of owning and operating costs. ABBREVIATED OWNER - ARCHITECT AGREEMENT 3.4.13 Providing interior design and other similar services required for or in connection with the The American Institute selection, procurement or installation of furniture, furnishings and related equipment. of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made 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 balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. I - . • 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a'final Certificate for Payment, more than 6o days after the date of Substantial Completion of the Work. i 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions 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 in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment,, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 4.2 The Owner shall establish and periodically 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 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated 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. 4.4 The Owner shall furnish surveys to describe 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 restrictions,- boundaries and contours of the site; locations, dimensions and necessary data with respect 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. 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 01997 AIAO AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I. determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 4.6 The Owner shall furnish the services of consultants other, than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; 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 services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include 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. it,.), t. :..C 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. . 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION • •l... H;; 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project• is• not completed, the estimated cost to the Owner of all elements of the Project designed or'specified by the Architect. • ' `'' I. , 5.1.2 The Construction Cost shall include the cost at current market rates of laboi and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance forontingencies shall be included for market conditions at the time of bidding and for changes in the Work. 5.13 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the respon- sibility of the Owner as provided in Article 4. . S5.2 RESPONSIBILITY FOR CONSTRUCTION COST o. oa 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost o•. --.•o o and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is 01997 "'"IF AIA DOCUMENT BISf-1997 recognized, however, that neither the Architect nor the Owner has control over the cost of labor, ABBREVIATED OWNER- materials or equipment, over the Contractor's methods of determining bid prices, or over ARCHITECT AGREEMENT 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 The American Institute of Architects gany budget or from estimate of Construction Cost or evaluation prepared or agreed to by the 1735 New York Avenue, N.W. Architect. Washington, D.C. 20006-5292 w WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 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, component 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 Documents alternate bids as may be necessary 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. 5.23 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. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded.by the lowest bona fide bid or negotiated proposal, the Owner shall: .t give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; 3 terminate in accordance with Paragraph 8.5; 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, without additional compensation, shall modify. the documents for which the Architect is responsible under this Agreement as. necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.5. 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 INSTRUMENTS OF SERVICE 6.1 4. Drawings, specifications and other documents, including those in electronic form, prepared by the Architect. and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective -instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights.. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a.nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. vol Fri 01997 AIA® AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I 63 Except for the licenses granted in Paragraph 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6.4. Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION 7.1.' • MEDIATION ' 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable, law to comply with the lien notice or filing deadlines prior to resolution of the:matter by mediation or by arbitration. I • 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall The in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. I . •1 7.13 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court 0 o having jurisdiction thereof. o. o oo.�p• oo 7.2 ARBITRATION O 1 9 9 7 A I A ® 7.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement AIA DOCUMENT 8151-1997 shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by ABBREVIATED OWNER- ra mediation in accordance with Paragraph 7.1. ARCHITECT AGREEMENT g P The American Institute 7.2.2 Claims, disputes and other matters in question between the parties that are not resolved by of Architects mediation shall be decided by arbitration which, unless theparties mutually agree otherwise, shall 1735 New York Avenue, N.W. $ Washington, D.C. 20006-5792 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. 7.2.3 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 statute of limitations. 7:2:4-• No arbitration -arising out of or relating to this Agreement shall include, by consolidation or 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 and 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 parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.2.5 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. it 73 CLAIMS FOR CONSEOUENTIAL'DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequencial damages due to either party's termination in accordance with Article 8. ,r ARTICLE 8 TERMINATION OR SUSPENSION 8.1 If the Owner fails to make •payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. 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. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior.to notice of such suspension. When the Project is resumed, the Architect shall be i compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time o 0 schedules shall be equitably adjusted. oo. .00' D 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 O 1 9 9 7 A I A ® consecutive days, the Architect may terminate this Agreement by giving not less than seven days' AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - written notice. ARCHITECT AGREEMENT 8.4 This Agreement may be terminated by either party upon not less than seven days' written The American Institute notice should the other party fail substantially to perform in accordance with the terms of this of Architects 1735 New York Avenue, N.W. Agreement through no fault of the party initiating the termination. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 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 Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, Jtf performed by the A _chitcct ARTICLE 9 MISCELLANEOUS PROVISIONS - 9.1 This Agreement shall be governed by the law of the principal place of business of. the Architect, unless otherwise provided in Article 12. . 9.2 Terms in this Agreement shall have the same meaning as those in the edition of ALA Document A2oi, General Conditions of the Contract for Construction, current as of the date of. this Agreement. , O1997 AIA® AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 9.3 Causes of action between the parties to this'Agreement pertaining to acts or. failures toad shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion 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. In no event • shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they mayhave to the proceeds of such insurance as set forth in the edition of AIA Document Azoi, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 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, successors, assigns and legal representatives of such other party with respect to -all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the.Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 9.6 This Agreement represents the entire and integrated agreement between the Owner and the. Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 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. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. a 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 exposure of persons to hazardous materials or toxic substances in any form at the Project site. 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, 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 the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14.days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 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, employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the, following Clauses: X.f .1 trInoporthtion in connectionwith the Project,authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; S renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .B other similar direct Project -related expenditures. 103 PAYMENTS ON ACCOUNT OF BASIC SERVICES 103.1 An initial payment as set forth in Paragraph u.l is the minimum payment under this Agreement. 103.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 1033 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 'WI 01997 AIA® ALA DOCUMENT B1514997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I 103.4 When compensation is based on a percentage of Construction 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 performed on those portions, in accordance with the schedule set forth in Subparagraph 1r.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 portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 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 rendered or expenses incurred. 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation 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 adjudged to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or`a'multiple of Direct Personnel Expense shall be available 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: 11.1 An Initial Payment of Zalto Dollars (S 0.00 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 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.) CoMPBNSATIO 4 SHALL Be BIGHT PERCENT (8%)0F cofS71MUC ION COST AS VF✓fU BD (1* P9►RAGRAPR SA. a M O 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 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: f lf'T5EN percent (15%) Design Development Phase: percent QO%) Construction Documents Phase: FoctT"( percent (4C/°) Bidding or Negotiation Phase: flvO percent (15 %) Construction Phase: 'tV ( SRTL ( percent O') Total Basic Compensation: one hundred percent (i00%) 113 COMPENSATION FOR ADDITIONAL SERVICES 113.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compen- sation shall be computed as follows: -. Rt wu. TIME O65 lATION Of water Psi % v4EQ '#10RK rnMF NS?Ct% N SAU >•1.ft.r• A MULTIPtS of OHS PaIP T T$N Cla TIMeS4m10-MMOUt{T S1LtW WI' CNLL t=-$GINSM b AKcftTOCT rM.' SUCR' SzQ,V.tcSSe 113.2 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 computed as follows: ` (Insert basis of compensation, including rates and multiples of Direct Personnel 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.) COMPENSkfl * fog St~RVtCaS RESc%RED 91 PKttrcaPl s AND EMPLo`(g6S £t\AU 6e A MUtztpte OF "FREa9. R>lNT TW6Lgl6 6501z) TIM65 DtQECT SM A V ( S%PWht4t .XCLUPt & M4( Co5Tr, OF MAIMPATOR( OR Ctflo -%At( CollTRtt3tTttoµs AND e'wSaF,tr7, o.00 O1997 AIAO AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 1 113.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of OH Po jt4 TGR( t. (fl times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article t2, if required.) 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of C9S ['btnt (t.(O1 times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Basic Services covered by this Agreement have not been completed within 71t4EFi% ( f1`w( ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compen- sated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.52 Payments are due and payable 1{((M ( 30 ) days from the date of the Architect's invoice: Amounts unpaid Cj1Y(' %W( ( (p0 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time.at the principal place of business of the Architect. (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 requirements such as written disclosures or waivers.) 11.53 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. 01997 AIAO AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. .. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) It.' CIVIL 1rNGINEERIN& SevVICES I'bR PARkING, MAIRVGg, 5EVL RZ CcS4ECTtOr4 W rn4It IOco VEET &r[, WA't6R L1NrL AAD MUTE_ P2N dAY 1NCwDWo PASRC Ds5IGN, SIPPING AAD CoN5TRtcTW1j Rase SGRwc6 &NAU. Ss A LUMP SCM CF hlIPS ZTlouraAl4P 5£V6N Huta&D LbLMt5 Ct 9,ioo.ov) %22 sURYS'( As Ds5CRtf3SD IN PARA62APR 4.4 is - AYAILA SLS f12oM CRVRI, FfA61NB�(Lfbk A_ Lump SUM .Of 1WtLVB N)NDRBD POLLA2S C +1,200). 12.3 SR'110ES To f ct(t' c RxuM1r1 Tr7 AND r1AM SeHMT!a15 fEZ. LOT•SPtr 1 LA>,R6g SCALE D�lELORwi T AM -D CC JTONAL U:E AS IZty pweD 6 C C\D( SHML 2 A LUMP SUM OF NINV "Mot -AND CoLLAQS . (Sq Cjop)„ ' I 1 - ' This Agreement entered into as of the day and year first written above. 0 E R (Signature) A R H I T E C T (Signature) 'it Fred 4% ryla nit (Printed name and title) (Prt(rt(d n f nl tltl) HEH&4 AlA AIA ® l��P/`�/{(9 �r1iCrJ o�l� AIA DOCUMENT 8151-1997 U0 WC` �'aL ENM S &VA50e PLLCABBREVIATED OWNER - ARCHITECT AGREEMENT CAUTION: You should sign an original AIA document or a licensed reproduction. Originals contain the AlA logo printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. WARNING: Unlicensed pllotocopying violates us. copyright laws and will subject the violator to legal prosecution. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: James Nicholson, Community Development From: Heather Woodruff, City Clerk Date: August 23, 1999 Attached is a copy of the resolution approving a contract with Foster, Witsell, Evans, and Rasco for the Victims of Family Violence project. The original will be microfilmed and filed with the City Clerk. Your purchase requisition has been forwarded to the Internal Auditor for a contract number. cc. Yolanda Fields, Internal Auditor Agenda Request x Contract Review Grant Review For the City Council Meeting of Yolanda Fields Name ACTION REQUESTED: STAFF REVIEW FORM Staff review �J0n�t�v5h/C-27c� CC&fVci o1pw2 tI , CZ,7(zce 5de21 WZTSEL/- Community Development Admin Services Division Department Increase contract for Architectural services - Project for Victims of Family Violence women's shelter COST TO THE CITY: $7,500 Cost of this request 2180.4990.5390.27 Account Number 99068 Project Number BUDGET REVIEW: $440,604 Project Budget $53,041 Funds spent to date $387,563 Remaining Budget CDBG Grant Category/Project Name CDBG Grant Program Name Community Development Fund Budgeted Item Budget Adjustment Attached Services ,V ✓ .✓,,.V./ Acco M age Date Internal Auditor Date City Attom Date ADA Coordinator Date yi k-jQ Purchasing Manager Date STAFF RECOMMENDATION: Staff equests approval of the change order fisind Date i Svcs Deor Da Director Date Aayor Date FAY'TT'TEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Staff Review Committee From: Yolanda Fields, Community Development Coordinator Subject: Project for Victims of Family Violence (PVFV), shelter construction project Date: March 7, 2000 Description The change order will provide for additional services, described as optional services in paragraphs 3.4.3 and 3.4.5 of the contract for Architectural services with Foster, Witsell, Evans, & Rasco, Architects for the project. Cost Justification The costs are necessary due to considerations of the proposed site including: area constraints; flood plain; utilities; adjacent Head Start facility; and other considerations. Attached is a letter from Jim Foster, Principal Architect on the project, describing specifics and costs. Budget Considerations Funds are available Staff Recommendation The PVFV board has requested the additional work. The organization's director has indicated approval of the change. Staff requests favorable consideration and approval of the change to the contract. 1S 1 TO THE AGREEMENT WITH Foster, Witsell. Evans. & Rasco This is an amendment to the Agreement for Architectural Services executed on the 17thday ofAugust 1999 between the City of Fayetteville, Arkansas and Foster. Witcall Fvanc & aacrn . Additional services required due to costs associated with analysis of existing site and preparation of a master plan. Includes: civil engineering, consulting, drawings. The charge for the additional services shall not exceed 7500 CITY OF FAYETTEVILLE: 4—ww��Date 3,449 Mayor di/rY iF Fi4-YE / / L4LZE Company Date 3! l4L�a (Existing P.O. # IContract # New•World Systems 4.4 *LIVE* GL1500S1 3/07/00 General Ledger Inquiry Expense Account Account Status . . . . . . : ACTIVE 2180.4990.5390.27 Budgeted Account/Org. Level: Acct Class. 2 Domestic violence shelter Fiscal Start Month/Year End: 01 2000 Month Budget Amendments Expenses Encumbrances YTD Balance Jan : 104000.00 54156.00 .00 48966.00 109190.00 Feb : .00 .00 .00 .00 109190.00 Mar : .00 .00 .00 .00 109190.00 Apr : .00 .00 .00 .00 109190.00 May : .00 .00 .00 .00 109190.00 June: .00 .00 .00 .00 109190.00 July: .00 .00 .00 .00 109190.00 Aug : .00 .00 .00 .00 109190.00 Sept: .00 .00 .00 .00 109190.00 Oct : .00 .00 .00 .00 109190.00 Nov : .00 .00 .00 .00 109190.00 Dec : .00 .00 .00 .00 109190.00 Total 104000.00 54156.00 .00 48966.00 109190.00 F3=Exit F10=MTD Bal. F11=Transactions F12=Cancel F22=More Functions New World Systems 4.4 *LIVE* GL1500S1 3/07/00 General Ledger Inquiry Expense Account Account Status . . . . . . 2180.4990.5390.27 Budgeted Account/Org. Level Domestic violence shelter Fiscal Start Month/Year End : ACTIVE : Acct Class 2 Month Budget Amendments Expenses Encumbrances Jan : .00 336604.00 .00 .00 Feb : .00 .00 .00 .00 Mar : .00 .00 .00 .00 Apr : .00 .00 .00 .00 May : .00 .00 .00 .00 June: .00 .00 .00 2000.00 July: .00 .00 .00 .00 Aug : .00 .00 .00 57090.00 Sept: .00 .00 1141.21 1141.21 - Oct : .00 .00 2934.00 2934.00 - Nov : .00 .00 .00 .00 Dec : .00 .00 .00 55014.79- Vl 1Vvv YTD Balance 336604.00 336604.00 336604.00 336604.00 336604.00 334604.00 334604.00 277514.00 277514.00 277514.00 277514.00 332528.79 Total .00 336604.00 4075.21 .00 332528.79 F3=Exit F10=MTD Bal. F11=Transactions F12=Cancel F22=More Functions ,1- FAYETTEVILLE VENDOR NO. 3951 oty. ** CHANGE ORDER ** PURCHASE OORDIEN Foster-Witsell,Evans, & Rasco PO Box 1602 Fayetteville AR 72702-1602 Unit of Description and Account Number Each Package Must Be Marked Exactly As Shown Here City of Fayetteville, Arkansas PURCHASE ORDER # 99-0003085-002 DATE 1/26/00 FOB Fyv TERMS NET30DAY Unit Price TOTALS 1.00 EA a) Architectural Services Domestic Violence Shelter Contract #727 C/O by Purch to correct amount and add contract # 2180.4990.5390.27 99068 10 SHIP TO: Community Development CITY OF FAYE7TEVILLE 113 W MOUNTAIN ROOM 307 FAYEFFEVILLE AR 72701 Simco, J Maguire, J CONDITIONS 1. Send itemized invoice in duplicate to: 3. No substitutions without prior approval. Accounts Payable City of Fayetteville 4. Discounts effective to 10th of following month. 113 West Mountain Fayetteville, AR 72701 5. Orders must be shipped in full unless otherwise notified 2 Mark all packages with P.O. number as shown above. All orders must be accompanied by a packing slip, quantity shipped and P.O. number. 51900.00 $51900.00 Purchase Order Total: IE'1iI.ShIi] 51900.00 1 6. F.O.B. Fayetteville unless otherwise agreed upon. No Moira for packing and delivery will be allowed. 7. NO C.O.D. ORDERS. 6. Pro -pay freight and add to invoice. Ship to 113 W. Mountain SL, Rear Entrance, unless otherwise specified. PURCHASING AGENT VENDOR COPY FOSTER•WRSCLL Ev is & Rasco POST OrnCE Box 1602 FAV rrrviaE. AR 72702-1602 501-443-9321 FAX 501.443-9520 W ITSELL FOSTER EVANS & RASCO IT" IL�zt t tl ARCHITECTS/PLANNERS Mr. James Nicholson JAmES R. FOSTER, FAIA City of Fayetteville Community Development Office 113 West Mountain Fayetteville, AR 72701 Reference: Project for Victims of Family Violence, Analysis and Plan for Existing Site Dear Mr. Nicholson: Responding to your request, we provide this estimate of costs associated with analysis of the existing site and preparation of a master plan. These services are optional additional services 3.4.3 and 3.4.5 in our Agreement. Compensation for additional services is covered by Agreement section 11.3. Initially, we propose to do no more than necessary to allow the agency to conclude if it should remain at the current site. To help them make that decision, we will have our civil engineer review and advise us regarding site constraints, flood plain, other restrictions, and utility availability. They have already done part of this work. Estimated cost: 8 man hours, $760. Our in house services are currently estimated to include an initial work session with the agency to confirm program requirements and discuss options for use of the site and phasing. We also propose a joint meeting with the adjacent children's facility to explore options for cooperation in optimum use of this City property. Estimated cost: 10 man hours, $780. Based on the information gathered on the site and from the agencies involved, we will develop a graphic illustration of the site planning issues and several options for land use and phasing at a scale of 1" = 30'. A second work session with the agencies and our civil engineer would evaluate these options and possibly create new ones. At this meeting the agency may conclude none of the options fit their needs and instruct us to cease study of this site. They might also decide on one option and accept the sketches done as sufficient for their master plan. Estimated cost: 24 man hours, $1,800. Or they may ask we further refine one option and prepare a final version of the proposed site master plan. This would be presented to the agency and, if affected, the adjacent children's facility. Further refinements would be made and a final master plan issued. Estimated cost: 44 man hours, $3,300. Please advise if further information is desired regarding these proposed services. If you need one amount to authorize, we suggest $7,500. We will agree not to exceed that amount without authorization. Sincerely, FosterWitsell Evans & Rasco Ja s R. Foster, FAIA N FOSTER • WRSEL EVANS 8 RASOO POST OFFICE BOX 16M FAYETTEVLLE AR 77702-16M 601.443 I FAX 60144Si6AD Memorandum FOSTERI EVANSRASC�& AROWECTS I PLANNERS March 6, 2000 To: Jamie Highfill Copy: James Nicholson From: Jim Foster Ref: Project for Victims of Family Violence, Use of Current Site Per your request, I have sketched one option for use of the current site. The three building phases shown total 10,000 square feet. Phase 1 would be constructed prior to demolition of the current facility. Administrative functions could be located in a temporary building and this first structure used for housing current clients. These three structures surround a play yard. Three options for parking are diagrammed. Option A for 36 cars would require cooperation with the children's facility. Their turnaround would be modified and parking could be shared with them. Option B parking allows for 24 cars. Option C parking provides for 13 cars. This sketch is just one possibility. Enclosed is a letter to James Nicholson describing the master planning services we presently anticipate. Note the flexibility to tailor our level of effort to suit your needs. We can leave the master plan in a sketchy form or prepare a document that would be suitable for use in a capital campaign. qua 00 _ 50 ?29.6 1 I 191' 1' I --- —I— —So. — 50 1 t! LJL � F 9.8 ' s ,.... 219.8 x _ Il _ _ .- X1229. 4 11 X1222. x Si 1222.6 I 1:; 1 j EAYETTEVI LLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Yolanda Fields, Internal Auditor From: Heather Woodruff, City Clerk Date: March 27, 2000 Attached is a copy of the contract change order for the Women's Shelter. The original will be microfilmed and filed with the City Clerk. STAFF REVIEW FORM AGENDA REQUEST xx CONTRACT REVIEW GRANT REVIEW ioh&JotA G�. MICROFILMED For the Fayetteville City Council meeting of N/A FROM: Yolanda Fields Community Devlopment Admin Services Name Division Department ACTION REQUIRED: Review of a the amendment to the Agreement with Foster, Witsell, Evans, & Rasco for Architectural / Engineering services,PVFV Women's Shelter COST TO CITY: S (4,100) Cost of this Request 2180.4990.5390.27 Account Number 99068 Project Number 440,604 Category/Project Budget $ 30,355 Funds Used To Date $ 410,249 Remaining Balance PVFV Women's Shelter Category/Project Name Public Facilities Program Name Community Development Fund X Budgeted Item Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: Accou ing na r Date JO-U6U Ci Attorne Date jo-as-co Purchasing Officer STAFF RECOMMENDATION: Department Director nge order. Date Date to O to GRANTING AGENCY: Internal pjditor Date ADA Coordinator Cross Reference New Item: Yes No Prey Ord/Res #: 0 Date /V' /'' Orig Contract Date: 8/30/99 Date Orig Contract Number: #727 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Staff Review Committee FROM: Yolanda Fields, Community DATE: October 24, 2000 SUBJECT: Project for Victims of Family Violence (PVFV) shelter construction project Description The change order causes a substitution of services in paragraphs 12.1, 12.2, and 12.3 to reflect the actual work necessary due to design changes in the project. Cost Justification The change order is primarily descriptive for the purpose of recording the change in the nature of the work, and will result in slightly less cost. Budget Consideration Funds are available Staff Recommendation Staff requests favorable consideration and approval of the change to the contract. AMENDMENT TO THE Agreement with Foster, Witsell, Evans & Rasco This is an amendment to the Agreement for architectural Services executed on the 17`" day of August 1999 between the City of Fayetteville, Arkansas and Foster, Witsell, Evans & Rasco. Project Description (page one), delete the description of the Project and insert the following revised project description: Victims of Family Violence Shelter/Offices consisting of new construction of a residential homeless shelter and administrative offices of approximately 7,000 square feet. Project to be built adjacent to the existing facility on City owned land. On page 18, Article 12. Delete items 12.1, 12.2, and 12.3. Add the following items: 12.1 For civil engineering services for parking, drives, drainage, grading, water and sewer utilities to withing 5 feet of building including design, bidding and construction phase service shall be a stipulated sum of Nine Thousand Three Hundred Dollars ($9,300.00) 12.2 For landscape architecture services to meet the landscape requirements of the City of Fayetteville and the Project for Victims of Family Violence, the lump sum amount shall be One Thousand Five Hundred Dollars ($1,500.00) 12.3 Services to provide documents and make presentations for lot split, large scale development and conditional use as required by the City shall be a lump sum of Five Thousand Dollars ($5,000.00) Page 2, Amendment #2 Foster,Witsell, Evans & Rasco CITY OF FAYETTEIVLLE: /�� DATE //4/Mayo FOSTER, WITSELL, EVANS & RASCO: DATE. 4�T017 Title PROJECT FOR VICTIMS O'F EAMILY VILOENCE W O M E N' S SHELTER PROJECT Project Number: 99068 BUDGET SOURCES CDBG 1/1/99 336,604.00 CDBG 1/1/2000: 104,000.00 Total: 440,604.00 SCHEDULE OF EXPENDITURES AS OF 06 -Jul -2000 09/02/99 McClelland Engineering - survey 10/08/99 Foster et.al. - architect 04/17/00 Foster et.al. - architect 05/11/00 Foster et.al. - architect 06/07/00 Environmental Enterprise Group 06/09/00 Foster et.al. - architect 06/16/00 McClelland Eng - surv/geotech 07/06/00 Foster et.al. - architect asv.itsi:LH*31j`►IMItU1t1 REMAINING BUDGET Total 1,141.21 2,934.00 4,569.00 5,943.00 75.00 3,163.00 8,527.25 5,144.00 CDBG 1,141.21 2,934.00 4,569.00 5,943.00 75.00 3,163.00 8,527.25 5,144.00 30,355.25 30,355.25 410,248.75 410,248.75 of 0.00 0.00 ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included wi)hin Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 12.t CN►L ENGINEEiZING Se.RVICE5 I"oR PARKING, RAit k 8, 5 YdfZ caNN5cTIUN W I %IM loco fEeTaF &rt , WATSR LL AAD PRIVATE VIRIN" Y IHCLuDWo ?ASLC Dts5IGN, SIpp1N.o AttD COr►sTRLcTloti Rase SsRUICE SHALL Fib A LUMP SUM of KtME TKaJSMD Ss4et4 FWRCRED D*LA&S (t q,1OO.ou).. t2.2 SURV6`( AS Ds5CRt8sD IN PARAGRAPR 44 is AYAILfl'i.t fTZOM C1VLL EFlcih eM foi2 A- LUMP SOM of TNt iLVB FWNDReO coLLAa$ C x' 1,200). I2.3 SeRIMS -to ?PoVIDE RbcuMEtn AND NMCb fM5Ct0TIONS fog LaT 5Rrr LARGE SCALE PE &Lot- t $T AN"p CZ* 716NML U AS g c otgEp..b'C .CLD( SHALL EE A LUMP 50M Off KIRV "M0jcj, C ou .4QS . (*91 cco)., This Agreement entered into as of the day and year first written above. OW E R (Signature) ARC T E CT (Signature) Sr tsr. (Printed name and title) (Pri tedit �n � ( titer) MBQ�,p O A 97 M A tt(R�r fY��sv�C'J F.rK�9. MB-I-. �Q L�'` AIA DOCUMENT BISI-1997 it,ct t• Wrr%LLL f.vM5 &f,$eO PUICABBREV IATED OWNER - ARCHITECT AGREEMENT The American Institute CAUTION: You should sign an original ALA document or a licensed reproduction. Originals contain the AlA logo of Architects printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. 1735 New York Avenue, N.W. Washington, D.C. 20006-5792 WARNING: Unlicensed photocopying vtototas US. copyright tows and will suhlM the violator to legal prosecution. I FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN To: Yolanda Fields, Community Development From: Heather Woodruff, City Clerk Date: November 16, 2000 Attached is a copy of the completed staff review form and signed agreement with Foster, Witsell, Evans, and Rasco for architectural services on the Women's Shelter. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit /2C3 /077 97 STAFF REVIEW FORM VAGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of c,/v,(Ua 3 C1' FROM: Yolanda Fields Community Development Admin. Services Name Division Department ACTION REQUIRED: Approval of change order #3 to the contract for the Architectural Services of the Project for Victims of Family Violence (PVFV). COST TO CITY: $5,500.00 $440,604.00 PVFV Cost of this Request Category/Project Budget Category/Project Name 2180-4990-5390-27 $59,356.96 Public Facilities Account Number Funds Used To Date Program Name 99068 $381,247.07 Corn. Dev. Project Number Remaining Balance Fund BUDGET.RIVIEW: Budgeted Item Budget Adjustment Attached Budget' Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: X3/7/o� �6� 01 Ac un ing tanager Date Internal A litor Date .6 3 Z/el City At o ey Date ADA Coordinator Date 3-1-n1 Purchasing Officer Date Grants Coordinator Date STAFF RECOMMENDATION: Approval to increase the contract amount. Division Head Date Cross Reference New Item: Yes No a IQ�-9g Prev Ord/Res #: to 6 Orig Contract Date: Date STAFF REVIEW FORM Description PVFV contract change order #3. for architectural services Meeting Date Comments: Reference Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager Internal Auditor ADA Coordinator Grants Coordinator FAYETTEVILLE THE CITY OF FAYETTEVIEEE. ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor THRU: Yolanda Fields, Community Development FROM: Don Hancock, Housing Rehabilitation Specialist DATE: March 1, 2001 SUBJECT: Contract change order #3 Contract change order, due to the change in the scope of work. Factors which have caused the increase include requirements to bury overhead utilities for both PVFV and Head Start, paving the parking lots for both PVFV and Head Start and estimates form the consultant for grading, drainage, and utility connections. Included is a year of inflation costs. 9 TO THE AGREEMENT WITH Amirmoez, Foster. Hailey. Johnson This is an amendment to the Agreement for Architectural Services executed on the 1st day of March, 2001 between the City of Fayetteville, Arkansas and Amirmoez, Foster. Hailev, Johnson. Additional services required due to the new estimated construction The charge for the additional services shall not exceed Existing P.O.#01-0000213-001 Contract # 727 C� Date ,i ,a/ Mayor, City of F tteville: City of Fayetteville: Company Title Date /6P /Q' FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Yolanda Fields, Community Development From: Heather Woodruff, City Clerk Date: March 19, 2001 Attached is a copy of the completed staff review form and signed change order no. 3 for the Architectural Service contract for the Project of Victims of Family Violence. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit r •, 7 STAFF REVIEW FORM AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of �" "!CROFIlll�{ E� FROM: 26-5 /o7-9 /4 1t,QD J!V CD 7//a/a. Yolanda Fields Community Code Enforcement Urban Development Name Division Department ACTION REQUIRED: Approval to increase contract amount for Project for Victims of Family Violence architectural services. COST TO CITY: $6,110.00 Cost of this Request 2180-4990-5390-27 Account Number 02095 Project Number $528,104.00 Category/Project $71,011.00 Funds Used To Date $457,093.00 Remaining Balance Project for Victims of Family Violence Category/Project Name Capital Improvements Program Name Comm. Dev. Fund BUD B dget Manager Budgeted Item Administrative Budget Services Adjustment Attached Director CONTRACT/GRAD /LEASE REVIEW: l�fL�L��� Acco nting Manager Date Uy City Attjbrney • Dat Purchasing Officer Date Internal Auditor ADA Coordinator Grants Coordinator )val of the sub -recipient grant agreement and the release Date Date Date Date 'f Cross Reference (� '�0r,. New Item: No Date Prey Ord/Res #:107-99 Date /�-- Orig Contract Date: August 17, 1999 Date nflfl /c *1 n em STAFF REVIEW FORM Description: Approval to increase contract amount Meeting Date Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager Internal Auditor ADA Coordinator Grants Coordinator Reference Comments: AMENDMENT TO THE AGREEMENT WITH ORIGINAL Amirmoez/Foster/Hailey/Johnson AMENDMENT # 4 This is an amendment to the Agreement for Architectural Services executed on the August 17, 1999 between the City of Fayetteville, Arkansas and Foster, Witsell, Evans, Rasco. d.b.a. Amirmoez/Foster/Hailey/Johnson. Additional services required due to: increased building cost, site elevations, increased drainage pipe size, adding sidewalks, privacy fence, Large Scale Development fees and requirements. The additional services shall not exceed $6,110.00. Existing P.O.# 01-0000213-001 Contract # 727 Mayor, ity o Fayette le K7osta/on Date: Title Date:________ t cd Jr,. c`� ■ RESOLUTION NO. 107-99 A RESOLUTION APPROVING A CONTRACT WITH FOSTER, WITSELL, EVANS AND RASCO, IN THE AMOUNT OF $51,900 AND A. PROJECT CONTINGENCY OF $5,190, FOR ARCHITECTURAL SERVICES IN CONJUNCTION WITH CONSTRUCTION OF A SHELTER AND OFFICES FOR THE PROJECT FOR VICTIMS OF FAMILY VIOLENCE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a contract with Foster, Witsell, Evans and Rasco, in the amount of $51,900 and a project contingency of $5,190, for architectural services in conjunction with construction of a shelter and offices for the Project for Victims of Family Violence. A copy of the contract is attached hereto as Exhibit "A"and is made a part hereof. �, )��A" APPROVED this 17'" day of _August , 1999. APPROVE • B •. Y '.• N Fred Hanna, Mayor ATTES`P:, uu>" BY7Heather Woodruff, City erk FAYETTEVILLE 1 THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE DATE: July 11, 2002 TO: The Mayor and Council FROM: Hugh Earne Urban Deveioj4nent Director SUBJECT: Contract Amendment for the Project for Victims of Family Violence (PVFV) construction project. Background The City of Fayetteville entered into a contract with Foster, Witsell, Evans, Rasco. on August 17, 1999 for Architectural Services to design, provide drawings, and construction management of a new shelter for Project for Victims of Family Violence (PVFV). Resolution #107-99 and contract #727. Recommendation The staff recommends approval of this resolution. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Yolanda Fields, Community Code Enforcement From: Heather Woodruff, City Clerk Date: July 22, 2002 Attached is a copy of the completed staff review form and Amendment No. 4 to the architectural contract with Foster, Witsell, Eveans, and Rasco for the Project for Victims of Family Violence. cc: Nancy Smith, Internal Audit