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HomeMy WebLinkAbout41-99 RESOLUTIONRESOLUTION NO. a 1 - 99- A RESOLUTION APPROVING AN ARCHITECTURAL AGREEMENT UNDER RFQ98-12 TO McGOOD WIN, WILLIAMS & YATES, IN A LUMP SUM AMOUNT OF $27,988, FOR INTERIOR/EXTERIOR DESIGNS, ENGINEERING EVALUATION OF THE EXISTING STRUCTURE, AND MECHANICAL, ELECTRICAL AND PLUMBING DESIGN FOR THE RENOVATION OF THE TCA BUILDING. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves an architectural agreement under RFQ98-12 to McGoodwin, Williams & Yates, in a lump sum amount of $27,988, for interior/exterior designs, engineering evaluation of the existing structure, and mechanical, electrical and plumbing design for the renovation of the TCA building; and authorizes the Mayor and City Clerk to execute agreement for said amount. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 9r day of March , 1999. , Pie,' APPROVED I �.� n- - Fed Hanna, Mayor ATTEST: By: i Heather Woodruff, City Clerk A!A Document 8155 Standard Form of Agreement Between Owner and Architect for a Small Project 1993 SMALL PROJECTS EDMON Because ibis document has important legal consequences. we encourage you to consult with an attorne'v before signing it. Some states mandate a cancellation period or require other specific disclosures. including warnings for home improvement contracts, when a document such as this twill be used for Work on the Owner's personal residence. Your attornel, should insert all language required by state or local law to be included in ibis Agreement Such statements may be entered in the space provided below, or if required by law, above the signatures of the parties. This AGREEMENT is made: March 43, 1999 rtkte) BETWEEN the Owner: City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 and the Architect. McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, Arkansas 72703 for the following Project: Building Renovation for Engineering Department, City of Fayetteville, Arkansas, Project No. Fy-288, described as follows: SEE ATTACHMENT "A" The Owner and Architect agree as follows. OGgnnght 1995 h, The Amrnun Institute Of Ar. lute. I,. 1"55 New York A.enue, N IX V.a,hingum. D C _'(1(X16.5192 KCprtnl Ur lion of the material herem ,u ,ut),tanrt,l yuouuon of it, prrntse in, wnMout the wnucn liermiston Id Ihr AI ,XJLte, the ugnnght Uos of the Cntt ed State, and wII ,uh eNI the swlnor it la'YJI pnr,a\ulltm AIA DOCUMENT 9135 • ouNFg..SKQUIECT ACRT.E.NENT—N51AIt. PgoJFM EI1111ON W' 01'NS • ME ANEKIGAN INST 71F. OF WCHITFCIN. 1'55 �F?3- IONK M NI E. N4 . AASHINGTON. DC !rXAl6 529' WARNING: Unlloenn•0 photocopying I the vblstor to Myd prosocullon. B155-1993 L ARTICLE 1 ARCHITECT'S RESPONSIBILITIES The Architect shall provide architectural services for the project. including normal structural, mechanical and electrical design sero vice.. Services shall be performed In a manner consistent with professional skill and care. 1.1 During the Design Phase, the Architect shall perform the following tasks. .1 descnbe the project requirements for the Owner's approval; .2 develop a design solution based on the approved project requirements; .3 upon the Owner's approval of the design solution, prepare Construction Documents indicating requirements for corotruc- tion of the project. .4 :ovist the Owner in filing documents required for the approval of governmental authunties; and .5 assist the Owner in obtaining proposals and award contracts for construction. Omit 1.2 tidnnRthe EemtnxekM-0have, the Arel"Wet eflelLacwst#ta Qw'Ref'tireyreseWxwe.tRd�r�rwdr.trlrWRi.rWl«1R.>f-thrGwtM.trF �AR7t•pC'n ThelUvenermd frnmatZor.9fie erx[ertt�f Ate�trftiteet�ztnhtnrtrand re��mi4rdiep•dnrnry{eanelunon�.r•rfe+cTbed ire ZhlrRgreement• midit 316artdlt4wne-Of -rhw6oNtN'xtiktr�owrhwuiew eLa.SaulLpswjrctibwlw,swk,nr— � ..,e egteed.4ln»MchiteeIb.ben eetidwiA�eaMsrraalxw wiJucfe+�wwwg-rpwtww setuwwiR�aReLcw�y+ng �aa'awws.swwuwg-too- OCIDmr3RO174330bITrRr'dfT.TnCeHtig TOrle(yrRh7lnirrrg �A�Cffr; Jf1d•TteTF7R•rlrtgYllC ctMN9EF{)f%iNACf1b. See Article 7, Item 7.3. ARTICLE 2 OWNER'S RESPONSIBILITIES The Owner shall provide full information about the objectives, schedule. constraints and existing conditions of the project. and shall establish a budget with reasonable contingencies that meets the project requirements. The Owner shall fumish surveying, geotech- nical engineering and environmental testing services upon request by the Architect. The Owner shall employ a contractor to per- form the construction Work and to provide cost estimating services. The Owner shall fumish for the benefit of the project all legal. accounting and insurance counseling services. ARTICLE 3 USE OF ARCHITECT'S DOCUMENTS Documents prepared by the Architect are instruments of service for use solely with respect to this project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall not reuse or permit the reuse of the Architect's documents except by mutual agreement in writing. ARTICLE 4 TERMINATION, SUSPENSION OR ABANDONMENT In the event of termination, suspension or abandonment of the project, the Architect shall be equitably compensated for services performed. Failure of the Owner to make payments to the Architect In accordance with this Agreement shall be considered subsum tial nonperformance and is sufficient cause for the Architect to either suspend or terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days' written notice if the other party substantially fads to per. form in accordance with the terms of this Agreement. ARTICLE 5 MISCELLANEOUS PROVISIONS 5.1 This Agreement shall be governed by the law of the location of the project. Omit 5.2 :Ferinrin NA-firxwncwl+'e1Ber, 6cwerelF.e+nefer ie.re..IFiitrfx«»rxr'r fnr ehr GIXMftJ<nrM ef-o-SmelH'nejeel—, eurrerx arvFrhrdatc-r>f efts Aarernxrrt. 5.3 The Owner and Architect. respective) % bind themselvestheir partners, successors. assigns and legal representatives to this :\gre•ement Neither pan%' to this Agreement shall assign the contract is a whole without written consent of (he other. 5.4 The Architect and Architects consultants shall have no responsibility for the Identification, dieco%crv. prosenee. handling. removal or disposal of, or exposure of persons to. hazardous rnatenah In asp form at the project site. AIA DOCUMENT III • ow ]FR .ANCIIITF.0 IAOREE?IF.%r—<elNl. PRole(:Ts Ei)inoN AN' CI'A)•111E A?1F.10(AN INNIFITEOF:WCH111CII. I -VA NFA-IoRKA(}'st E. x u uA>11I\(, ION. DC eoixv, �11)2 WARNING: Unlicensed photocopying violate U.S. copyright tows grid will w0lect the violator to legal prosecution. B155-1993 2 ARTICLE 6 PAYMENTS AND COMPENSATION TO THE ARCHITECT The Owner shall compensate the Architect as follows. 6.1 The Architects Compenaiion shall be: A lump sum fee of $27,988 (Twenty -Seven Thousand tlydtcare merhadofcompensatton) Nine Hundred Eighty -Eight dollars) for the Design and Construction Documents Phases, and for Limited Services only during the Bid Phase (HVAC). For services requested by the Owner during the Construction Phase, compensation shall be on an hourly basis, as per the attached Schedule of Hourly Rates - Attachment "Bit for McGoodwin, Williams and Yates, Inc., and Attachment "Cit for Green -Anderson Engineers, Inc., plus reimbursable expenses, of which an initial payment retainer of Zero dollars (f I shall be paid upon execution of this Agreement and shall be credited to the final payment. 6.2 The Architect shall be reimbursed for expenses incurred in the interest of the project. plus an administrative fee of Zero percent ( 0 (arm rermburfable arms) 6.3 If through no fault of the Architect the services covered by this Agreement have not been completed within nine ( 9 ) months of the date hereof. compensation for the Architect's services beyond that time shall he appropriately adjusted. 6.4 Payments are due and payable upon receipt of the Architect's invoice. Amounts unpaid thirty ( 30 ) days after invoice date shall bear interest from the date payment is due at the rate of N/A ( N/A ). or in the absence thereof. at the legal rate prevailing at the pnncipal place of business of the Architect. (z. sun kms and mquurments under the Federal rn.rb in Ierdowr Mr. similar vara and I(xal consumer credit laus and other •e+tu(ana•u at the (-)is ner s and An hs. tett t pnncipal places u/bturn".. the locivain grhe Ngea and els a -herr rwv agar the t andrn of this prot'tston ) 6.5 Architectural services not covered by this Agreement include. among othem revisions due to changes 1n (tic scope. quality or budget. The Architect ,hall he paid additional fees for these services based on the Architect's hourly rites when the service, are performed. AIA DOCUMENT 5155 • Ow?F.R ARCHITE(.7AGRF.FNEP"r—i.%tuI PROJELT EDITION AU' • 01991 • nit. A.kfER1CAN INSTITI]T OF ARCHITECTS. 135 NM YORK AENLE. N aAASHINGTON. 01: !W(xr 5.192 • WARNING: Unlicensed photocopying violet" U.S. copyright town and will subject the violator to regal prosecutlen. B155-1993 3 ARTICLE 7 OTHER PROVISIONS I tn.en rlev npmfgjs of odvv mn a r and mullr/aaron.< (u the leml, r J rbc. AXnYmYnl I 7.1 Article 1, Item 1.1.4 is revised to include only the plan review process performed by the Building Inspector, and the plumbing plan reviews by the Arkansas Department of Health. Services are not included for review/approval by the Planning Commission nor by other review agencies. 7.2 Article 1, Item 1.1.5 is revised to include only limited services with regard to competitive bidding, as described on Attachment "A," under the Project Description. 7.3 Article 1, Item 1.2 is herein revised to delete the services provided by this item. Construction Phase services w ll be only "as requested" by the Owner. The Owner agrees to indemnify the Architect from any claims, damages, or losses resulting from any changes made in the Work by the Owner or by any Subcontractor of the Owner's during the Construction Phase. 7.4 It is understood and agreed that Green -Anderson Engineers, Inc. will be retained by the Architect to provide mechanical, electrical and plumbing design. This Agreement entered into as of the day and year first written above. (l/myumedN tau. rmen camellulronpenod dtu:J remo,tuber itammyt smtemenn ahore the umnarumt OWNER (.%tRnatitre, red Han'n��a I Mayor City of Fayetteville Wrtnred name. title and addmss) 113 West Mountain Street Fayetteville, Arkansas 72701 ARCHITECT s ratan) L. Ca ate , President McGoodwin, 11iams and Yates, Inc. Wanted name. title and address) 909 Rolling Hills Drive Fayetteville, Arkansas 72703 CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. AIA DOCUMENT BIS5 • r %NF.R Vt,IInF:G'T A(,RF.iMEN1—s.%W L YRulr(]> FDInU] W' oI�)A • nli: xstEN('.A.N 6?'nn 7F OI .UtCIII IFQ\ I-AS]FRiuRA AW.NI R. A AAanIN(AON DC pun,.c2g2• WARNING: Unlicensed photocopying 8155-1993 4 ATTACHMENT "A" Standard Form of Agreement Project No Project Description Renovation of the former TCA Cable Mountain Street, for the primary us Department. The existing structure feet; however, the south end (1,150 City, leaving 6,650 (gross) square Fy-288 Building, located at 125 West e by the City's Engineering is approximately 7,800 square S.F.) is to be removed by the feet to be renovated. The scope of work includes interior and exterior design, engineering evaluation/renovation of the existing structure(s), and mechanical, electrical, and plumbing (MEP) design. The Construction Documents will be in an abbreviated format for the direct use by the Owner, acting as the General Contractor, to perform the work or to contract directly with others to perform the work. Only the mechanical design (HVAC) will be detailed for competitive bidding purposes. The scope of this Agreement does not include any work relating to asbestos or hazardous materials, nor does it include any surveying, site improvements, landscaping, or roofing/reroofing.