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Home My WebLink About106-03 RESOLUTIONRESOLUTION NO. 106-03 A RESOLUTION TO APPROVE AN AMENDMENT TO THE ARCHITECT CONTRACT WITH WITTENBERG, DELONY AND DAVIDSON INCREASING THE FEE BY THE AMOUNT OF $15,000.00 FOR ENGINEERING SERVICES ASSOCIATED WITH FIRE STATION NUMBER SEVEN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves an amendment to the contract with Wittenberg, Delony and Davidson attached as Exhibit A in which the City agrees to increase the fee by the amount of $15,000.00 for engineering services associated with Fire Station Number 7. 00EE t Vit`/ PASSED and APPROVED this the 15th day of July, 2003. el APPROV D: 1' ID* C0\'. ATTEST: By: <Ap,.u(,u✓ Mafo Sondra Smith, City Clerk By: A L✓/ ' //. DAN COODY, May1" •IICROFILMEU 3 ��T 6 ��"03 WITTENBERG. DELONY d DAVIDSON ARCHITECTS V, 6, y. LA,ifaMia rs 2434E Joyce Blvd. Ms. 10 FA E EVALE AR72703 479/ U2CCJ1 479/ 251-0231 FAX 1A/D43 I: TO City of Fayetteville Building Services 1 13 W. Mountain Fayetteville, AR 72701 DATE: March 10, 2004 PROJECT NUMBER: 03-006 ATTENTION: Dr. Coy Hurd RE: Fayetteville Fire Station No. 7 WE ARE SENDING YOU. ❑ SHOP DRAWINGS ❑ COPY OF LETTER ❑ SPECIFICATIONS ❑ PLANS ❑ PRINTS ❑ SAMPLES ❑ FLOPPY DISK ❑ CHANGE ORDER ❑ P/u by Coy O ATTACHED O UNDER SEPARATE COVER VIA COPIES DATE NO. DESCRIPTION 3 Owner and Contractor Agreement signed by Contractor PLEASE CHECK AND ADVISE IF ENCLOSURES ARE NOT AS LISTED. THESE ARE TRANSMITTED (AS CHECKED BELOW) ❑ FOR APPROVAI ❑ FOR YOUR USE ❑ FOR YOUR INFORMATION O AS REQUESTED O REVIEWED FOR GENERAL COMPLIANCE ❑ FOR REVIEW AND COMMENT 0 REVIEWED FOR NOTED COMMENTS O RETURNED FOR CORRECTIONS ❑ RESUBMIT _ COPIES FOR APPROVAL ❑ SUBMIT COPIES FOR DISTRIBUTION ❑ RETURN CORRECTED PRINTS REMARKS Please have Mayor Coody sign all three copies. Retain one for your files and return 2 copies to this office for distribution to the Contractor and our files. COPY TO: File BY John Van Horn. VEI Alt Richard Alderman, AIA • • 1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Eighth day of March in the year of Two Thousand Four an r.ords, indicate do. month and rear/ BETWEEN t4reO9.wrer the City of Favetteville addre” and other m(onnaunn7 CITY OF FAYELTEVILLE 113 WEST MOUNTAIN FAME 1 ! EVI(.LE. ARKANSAS ContaclI Mr. Coy Hurd Ph. (479) 575-8361 Fx: (479) 575-8223 and the Contractor. /.\antes address and other rnformuon7 V E GENERALCONTRACTORS 202 EAST 39TH STREET RUSSLEVILLE. ARKANSAS 72802 Contact: John Van Horn Ph: (479) 968-5060 Fx: (479) 968-4573 The Project is: (. n,,e and location) NEW FAYETTEVILLE FIRE STATION NO. 7 635 NORTH RUPPLE FaQAD FAYETTEVILLE, ARKANSAS The Architect is: s:une, ad,ln•s..utd other information) WITTENBERG DELONY & DAVIDSON. INC. 2434 EAST JOYCE BOULEVARD. SUITE 19 FAYETTEVILLE. ARKANSAS 72293 Contact: Richard Alderman. AIA/Princioal Ph: (479) 442_C§81 Fx: (479) 251-0231 The ^s. -m r The City of Fayetteville and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS The Cotttrac: Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued pnor to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the Contract, and arc as fully a Fan of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, cepresentatious or agreements, either written or oral. An enumeration of the Contract Documents, other than \codifications, appears in Article R. ARTICLE 2 THE WORK OF THIS CONTRACT user Comment rayerev'le Fire Station No.71oo 703.006 rD .915. 1918. 1925. 1937, 1951, 1958, 1961. 1963. 1967. 1974, 1977. 1987. © 1997 by The American Institute of Architects. Reproduction of rhe material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of rhe United States and will subject rhe violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of rhe AIA and can be reproduced in accordance with your license without violation until rhe dare of expiration as noted below. expiration as noted below. User Document: 97a101.ara 3/8/2004. AIA License Number 1010810, which expires on 7/3&2004 1 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY /5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED ANA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. AIA Document A20IW1997, General Conditions of rhe Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. 01997 MAO AIA DOCUMENT A101-1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 200065292 • • • The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by ,t,.. a .'ncr the City of Fayetteville. (Insert the date of commencement u it differs from the dear of this Agreement or, ifepphccNc state that the rate wall be tired in a notice to proceed I If, pnor to the commencement of the Work, 41e -fawner the City of Fayetteville requires time to file mortgages, mechanic's liens and other security interests, i-izieeeftierLs the City of Fayetteville's time requirement shall be as follows: 3.2 The Contract Time shall he measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ag0 (three hundred) days from the date of commencement, or as follows: (Insert number o/calendar dm's. Altemati✓eh; a calendar date mw be used kben coorduuted with the date of commencement Unless Rated elsewhere m the Contract Documents. utters any requtremenb for earlier Substantial THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO 175 COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 040?. AIA Document A201.1997, General Conditions of the Contract for Construction. is adopted in this document by reference. Oo not use with other general conditions unless this document is Comp/euon ofcertain portions of the Work / modified From date of issuance by the City of Fayetteville of a "Notice to Proceed" including all days. holidays and other calendar days. This document has been approved and endorsed by The Associated General , subject to adjustments of this Contract Time as provided in the Contract Documents. Contractors of Amens (Insert pro.'nions, om1; for bgoadurd damages relating to /Where to complete on time or for bonus pnments for early completion of the Whet ) ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sunt shall be One Million Three Hundred Forty Thousand. One Hundred and No 100 Dollars (s 1,340 100,00 ). subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which arc described in the Contract Documents and are hereby accepted by the C" -mr the City of Fayetteville: l Sate the numbers w- other Identification ofaccepted altemae4 ft decisions on other alternates are to be made by the City 01 I air(leydla• sub•eyuent to the execution of this Agreement. attach a schedule ofsucb other alternates ahm,ing the ,amount for each and the due When that amount crptrrsl 4.3 Unit pnces, if any, are as follows: $ 5.00 cy undercut unsuitable materials $ 7.00 cy select fill and placement ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Ceniftcates for Payment issued by the Architect, t-he-<C".3ser-the City of Fayetteville shall make progress payments on account of the Contract Suns to the Contractor as provided below and elsewhere in the Contract Documents. User Comment. Fayerrev'le Tire Station No.71ob #03.006 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1967, 1974. 1977. 1987, 0 1997 by The American Institute of Architects. Reproducion of the material herein or substantial quotation of its provisions without written permission of rhe AIA violates the copyright laws of rhe United Stares and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until rhe dare of expiration as noted below. expiration as noted below. User Document: 97a101.aia 3/812004. AIA License Number 1010810, which expires on 7/30/2004. 2 01997 MAO AIA DOCUMENT A101.1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue. N.W. Washington, D.C. 20006-5292 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25thday of a month, thte-ra..iier the City of Fayetteville shall make payment to the Contractor not later than the 30th day of the FOIIOwinq month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by 1 -lie -Owner the City of Fayetteville not later than 30 days after the Architect •. ..• processes and sends to the City of Fayetteville the Application for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such foml and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 1 Take that portion of the Contract Sulu properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract bun allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10 %). Pending final determination of cost to thede.wler the City of Fayetteville of changes in the Work, amounts not in dispute shah be included as provided in Subparagraph 7.3.8 of Afr\ Document A_201 1997. .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by tltek3wacr the City of Fayetteville suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (109o)• Storage of materials in a Sub -Contractors Vendors or others company warehouse is not sufficient to be a claim for stored materials and will not be made Dart of any Payment Application .3 Subtract the aggregate of previous payments trade by the-Pwlief the City of Fayetteville. and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2ot-t997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall he further modified under the following circumstances: .1 Add, upon Substantial Completion of the \Vork, a sum sufficient to increase the total payments to the full amount of the Contract Sum, Tess such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and /Sub/uragneph ya y 0!.414 Document .4.md997 nvuires n•/nne ofJppbude manage upon Substantial Completion of Work u7th consent of ninny. if Jay) user Comment Fayerrcv'Ie Tire Station No.71oo rt03.006 0 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963. 196/. 1974. 1977, 1987. C 1997 by The American institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of rhe AIA violates the copyright laws of the United States and will subject rhe violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document' 97a101.aia - 3/8/2004. AIA License Number 1010810 which expires on 7/30/2004. 3 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AJA DOCUMENT MAY BE MADE BY USING AJA DOCUMENT D401. AIA Document A20I- 1997, General Conditions of rhe Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AUO AIA DOCUMENT A101-1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New Work Avenue, N.W. Washington, D.C. 20006.5292 • • .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the C:ontractor, any additional amounts payable in accordance with Subparagraph 9.1o.3 of AIA Document A201-1997. 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: pen is intended, prior to Substanud Completion ortbe entire Work. to reduce or Smit the retanage resulting from the percentages inserted res Clauses 51 n 7 end 5./ n : above. end tills is not explained elsoshere in the Contract Documents, insert here pronsions for such reduction or bmitution ) Any Reduction in retainage amount. as provided by State Law or otherwise will onlv be made if the City of Fayetteville is in agreement that the Work has progress with satisfactory (to the City of Fayetteville) workmanship and proper progress in execution of the Work has been attained. Written consent of Surety to reduction in Retainage must be provided by the Contractor. 5.1.9 Except v.ith tete C\.ti.r'. the City of Fayetteville's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall he made by the -Owner the City of Fayetteville to the Contractor when: .1 the Contractor has fully per -Conned the Contract except for the Contractor's responsibility to correct work as provided in Subparagraph 12.2.2 of AIA Document A_nr1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. 3 The Contractor has completed all project "close-out" requirements as stated in the Contract Documents including as -built record documents. lien releases from sub -contractors. major vendors and suppliers and other requirements indicated in the Contract Documents 5.2.2 The c t i eri-the City of Fayetteville's final payment to the Contractor shall be made no later than 3o days after the issuance of the Architect's final Certificate for Payment, or as follows: And when the Contractor completes the Deficiencv Work and obtains approval of such from the City of Fayetteville. 5 2.3 No issuance of a Progress Payment. Final Payment Application or payment of such by the City of Fayetteville. nor partial or entire use or occupancy of the Work by the City of Fayetteville will release the Contractor. Sub -Contractors or other(s) from the requirement to provide the Work in full accordance with the Contract Documents. or shall be construed as acceptance of any work or materials not in accordance with this Agreement and the Contract Documents. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by t -he C :n r the City of Fayetteville or the Contractor as provided w Article 14 of AIA Document A201-1997- 6.2 The Work may he suspended by the-0..ater the City of Fayetteville as provided in Article 14 of rVA Doculnent Ae0n-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS User Commenr Fayertev'le Eire Station No.71oo 003.006 td 1915. 1918, 1925. 1937, 1951. 1958, 1961, 1963, 1967. 1974. 1977. 1987, 0 1997 by The American Institute of Architects. Reproduction of rhe material herein or substantial quotation of its provisions without whiten permission of rhe AIA violates the copyright laws of the United States and will subject :he violator to legal prosecution WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below User Document: 97a101.aia -- 3/8/2004. AIA License Number 1010810. which expires on 7/30/2004. 4 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY /S ENCOURAGED WITH RESPECT TO ITS COMPLETION 01? MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY RE MADE BY USING AIA DOCUMENT0401. AIA Document A201.1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified This document has been approved and endorsed by The Associated General Contractors of America. 01997 AiAO AIA DOCUMENT A101-1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006.5292 • • 7.1 Where reference is made in this Agreement to a provision of AIA Document A2o1- 1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to titne at the place where the Project is located. (Insert me o(mrcrrst agreed upon. i(anr7 None City of Fayetteville can not pay interest LHun' /4t. s and requirements under the Federal Truth in Lending AN. similar state and local con tamer credit laws and other regulauons at rhe-A..ner4 the Calif of Fayetteville''s and Contractor's principal places of business, the /ocauon of the Protect and e/aeuttere may alrect the validity of dais provision. Legal advice thotdd be obtained with respect to deletions or modrfscauons, and also regarding rrquuements such is written disclosures or waivers / 7.3 T to Owiie,iie •The City of Fayetteville's representative is: lame address and other in/ormmon7 Qr, Coy Hurd City of Fayetteville Building Services 113 West Mountain Fayetteville. Arkansas 72701 Ph: (479) 575-8361 Fx: (479) 575-8223 7.4 The Contractor's representative is: (Name. address and other information) Mr. John Van Horn VEI General Contractors 202 East 39th Street/ P,O. Box 1032 (72811). ausselville. Arkansas 72802 Ph: (479) 968-5060 Fx: (479) 968-4573 7.5 Nc.thtr tae . ncr, the City of Favetteville's nor the Contractor's representative ,hall be changed without ten days written notice to the other patty. 7.6 Other provisions: 7.6.1 Increase in the price or fees of this contract shall not be allowed without a prior formal contract amendment approved by the Mavor and the City Council in advance of the increase in cost or fees, 7.6 2 Freedom of Information Act. City contracts and documents preoared while performing city contractual work are subiect to the Arkansas Freedom of Information Wit. If a Freedom of Information Act request is presented to the City of Fayetteville the (contractor) will do everything possible to provide the documents in a a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act. (A.0 A. 25-19-101 et.sea.). Only legally authorized photocopying Costs pursuant to the FOIA may be assessed for this comoliance. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications Agreement, arc enumerated as follows: THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. AIA Document A201.1997, General Conditions of rhe Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIAS issued after execution of this AIA DOCUMENT A101-1997 OWNER -CONTRACTOR AGREEMENT 8.1.1 The Agreement is this executed 1997 edition of the Standard Between Owner and Contractor, AIA Doeuncnt Alot-t997. The American Institute of Architects Fon: of Agreement 1735 New York Avenue, N.W Washington D C 20006.5292 User Comment Fayerrev'le Fire Station No.7Job 403.006 0 1915, 1918, 1925. 1937, 1951, 1958. 1961, 1963, 1967, 1974. 1977, 1987. C 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the united States and will subject rhe violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of rhe AIA and can be reproduced in accordance with your license without violation until the dare of expiration as noted below. expiration as noted below. User Document' 97a101 aia 3/8/2004. AIA License Number 1010810, which expires on 7/30/2004. 5 • • • • 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A2o1-1997. 8,1.3 The Supplementary and other Conditions of the Contract are those contained in the Project tvlanual dated February 9. 2004 and are as follows: See "Attachment A" Document Title Pages 8.1.4 The Specifications are those contained in the Project Manual Subparagraph 8.1.3, and arc as follows: See "Attachment A" (17tber hit the Specifications bete or refer to an exhibit attached to t n Agreement.) dated as Section Title Pages THIS DOCUMENT HAS IMPORT ANT LEGAL in CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO 1T5 COMPLETION CR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. 8.1.5 The Drawings are as follows, and are dated February 10 2004 unless a different date is shown below: See "Attachment B" (Either list the Dn.angs hen or re/2r to an e.rbrbrt attached to this Agreement.) Number Title Date 8.1.6 The Addenda, if any, are as follows: See "Attachment B" Number Date Pages Portions of Addenda relating to bidding requirements arc not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming pan of the Contract Documents are as follows: (Lea here any additional documents that are intended to /brm part of for Contract Documents .4.M Document A_m- iyq prostyles that bidding rryuurmrnts such at advertisement or meibuon to bid. Instructions to Bidders, sample forms and the Contractor's bid arc not pan of the Contract Documents un/ns enumerated in this Agreement. Ther .huidd be hNn/ ben only dmtrnda/ to he part o/ for Convict Documents ) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to Elie-Owsier the City of Fayetteville. OWN€RDan Coody Mir (Signature) DAN &calf Moyvre tAmted name and u Ane ac i Sondra Smith City Clerk lNTRACTOR Signature/ -w VW f iia, (Amid name and title) AIA Document A20I-1997, General Conditions of rhe Contract for Construction, is adopted in this document by ref erence. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. 01997 ALAI DOCUMENT A101-1997 N,/•w NER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington D C 20006-5292 user Comment Fayertevie Fire Station No.7Job x03.006 O 1915. 1918, 1925, 1937. 1951. 1958, 1961, 1963. 1967, 1974. 1977. 1987. O 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of rhe United Scares and will subject rhe violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of rhe AIA and can be reproduced in accordance with your license without violation until rhe date of expiration as noted below. expiration as noted below. User Document: 97a101.aia — 3/8/2004. AIA License Number 1010810 which expires on 7/30,2004. 6 FAYETTEVILLE FIRE STATION NO. 7 FAYETTEVILLE, ARKANSAS WDD JOB # 03-006 "ATTACHMENT A" Page 1 of 3 General Supplementary and other Conditions of the Contract are those contained in the Project Manual dated February 9, 2004, and are as follows: DOCUMENT NO. 00100 00200 00300 00310 00330 00400 00600 00700 00800 TITLE BID SOLICITATION INSTRUCTIONS TO BIDDERS & COPY OF O/C AGREEMENT WAGE RATES OSHA GUIDELINES FOR TRENCH SAFETY EXISTING CONDITIONS BID FORM BONDS GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS PAGES The Specifications are those contained in the Project Manual dated February 9, 2004 and are as follows: SECTION NO. TITLE 01100 SUMMARY OF WORK 01210 ALLOWANCES 01230 ALTERNATES 01300 SUBMITTALS AND SUBSTITUTIONS 01450 TESTING LABORATORY SERVICES 01500 TEMPORARY FACILITIES AND CONTROLS 01640 OWNER FURNISHED PRODUCTS 02200 SITE PREPARATION 02300 EARTHWORK 02360 TERMITE CONTROL 02375 TEMPORARY EROSION CONTROL 02630 DRAINAGE PIPING 02740 ASPHALTIC CONCRETE PAVING 02750 PORTLAND CEMENT CONCRETE PAVING 02760 PAVEMENT MARKING 02770 CONCRETE CURBS AND SIDEWALKS 02900 LANDSCAPING 1 I0 5 3 2 6 1 46 7 PAGES 5 1 2 10 3 3 4 5 10 2 2 3 3 4 1 4 1 • • "ATTACHMENT A" Page 2 of 3 03100 CONCRETE FORM WORK 5 03200 CONCRETE REINFORCEMENT 3 03300 CAST -IN-PLACE CONCRETE 8 03450 ARCHITECTURAL PRECAST CONCRETE 3 04100 MORTAR 2 04200 UNIT MASONRY 7 05100 STRUCTURAL STEEL 5 05300 METAL DECKING 3 05400 COLD FORMED STRUCTURAL STEEL FRAMING 5 05500 MISCELLANEOUS METAL 3 06100 ROUGH CARPENTRY 4 06170 LAMINATED WOOD BEAMS 3 06200 FINISH CARPENTRY 2 06400 ARCHITECTURAL WOODWORK 5 07150 DAMPPROOFING 2 07200 INSULATION 4 07240 EXTERIOR INSULATION AND FINISH SYSTEMS 6 07410 STANDING SEAM METAL ROOFING 5 07525 MODIFIED BITUMEN SHEET ROOFING 7 07600 FLASHING AND SHEET METAL 4 07850 FIRESTOPPING 6 07900 JOINT SEALANTS 6 08100 METAL DOORS AND FRAMES 5 08200 WOOD DOORS 4 08350 OVERHEAD/ROLLING DOORS 5 08400 ENTRANCES, STOREFRONTS, AND WINDOWS 4 08700 HARDWARE 9 08800 GLAZING 4 09250 GYPSUM DRYWALL 10 09260 EXTERIOR SHEATHING 2 09310 TILE 7 09510 ACOUSTICAL CEILINGS 3 09650 RESILIENT FLOORING 6 09680 CARPET 4 09900 PAINTING 6 09950 GLAZE COATING 2 10100 VISUAL DISPLAY BOARDS 2 10150 COMPARTMENTS AND CUBICLES 3 10350 FLAGPOLE 3 10400 IDENTIFYING DEVICES 2 10440 INTERIOR SIGNAGE 5 10520 FIRE PROTECTION SPECIALTIES 2 10800 TOILET AND BATH ACCESSORIES 2 • • "ATTACHMENT A" Page 3 0f 3 10950 MISCELLANWOUS SPECIALTIES 3 11450 RESIDENTIAL EQUIPMENT 3 12490 HORIZONTAL BLINDS 2 15010 GENERAL MECHANICAL REQUIREMENTS 13 15240 VIBRATIN ISOLATION 2 15250 MECHANICAL INSULATION 2 15330 WET PIPE SPRINKLER SYSTEMS 6 15370 RANGE HOOD EXTINGUISHING SYSTEM 2 15410 ROOF AND STORM DRAINAGE SYSTEM 3 15411 SANITARY DRAIN, WASTE AND VENT PIPING SYSTEM 4 15412 DOMESTIC WATER PIPING SYSTEM 3 15413 NATURAL GAS PIPING SYSTEM 3 15440 PLUMBING FIXTURES 3 15456 GAS FIRED WATER HEATERS -COMMERCIAL GRADE 2 15610 FORCED AIR FURNACES 2 15623 GAS FIRED INTRA -RED SPACE HEATERS 2 15670 SPLIT SYSTEM CONDENSING UNITS 2 15860 FANS 2 15865 VEHICLE EXHAUST REMOVAL SYSTEM 5 15890 LOW PRESSURE DUCTWORK AND ACCESSORIES 3 16010 GENERAL ELECTRICAL REQUIREMENTS 8 16110 RACEWAYS 4 16120 WIRES AND CABLES 3 16130 BOXES AND ENCLOSURES 2 16140 WIRING DEVICES 3 16170 DISCONNECT SWITCHES 2 16190 SUPPORTING DEVICES 3 16195 ELECTRICAL IDENTIFICATION 3 16421 UNDERGROUND ELECTRICAL SERVICES 3 16422 TRANSIENT VOLTAGE SURGE SUPPRESSOR. HIGH EXPOSURE 2 16450 GROUNDING 2 16471 CIRCUIT BREAKER LIGHTING PANELBOARDS, 240 VAC, MAX. 2 16472 CIRCUIT BREAKER POWER DISTRIBUTION 2 16485 CONTRACTORS 2 16621 ENGINE -GENERATOR SET -PACKAGED 3 16627 AUTOMATIC TRANSFER SWITCH 2 END OF ATTACHMENT "A" FAYETTEVILLE FIRE STATION NO. 7 FAYETTEVILLE, ARKANSAS WDD JOB # 03-006 "ATTACIL HENT B" Page 1 of 2 The drawings are as follows, and are dated February 10, 2004, unless a different date is shown below: SHEET NO. TITLE DATE COVER PAGE CS PROJECT INFORMATION 1 OF 1 LOT SPLIT FOR WEST SIDE 5/30/03 C1.1 DEMOLITION PLAN 1/19/04 C1.2 SITE PLAN 1/19/04 C1.3 GRADING & DRAINAGE PLAN 1/19/04 C1.4 UTILITY PLAN (/19/04 C1.5 TREE PRESERVATION PLAN 1/19/04 C2.1 DETAIL SHEET 1 1/19/04 C2.2 DETAIL SHEET 2 1/19/04 C2.3 DETAIL SHEET 3 1/19/04 A1.1 FIRST FLOOR PLAN A1.2 SECOND FLOOR PLAN A1.3 RELECTED CEILING PLAN A1.4 CLERESTORY AND ROOF PLANS A2.1 ELEVATIONS A3.1 BUILDING SECTIONS A3.2 BUILDING SECTIONS A3.3 BUILDING SECTIONS A3.4 BULDING SECTINS A3.5 WALL SECTIONS AND DETAILS A3.6 WALL SECTIONS AND DETAILS A3.7 WALL SECTIONS AND DETAILS A3.8 WALL SECTIONS AND DETAILS A4.1 INTERIOR ELEVATIONS A4.2 MILLWORK SECTIONS A5.1 SCHEDULES AND WALL TYPES A5.2 DOOR AND WINDOW TYPES A5.3 DOOR AND WINDOW DETAILS S1.0 NOTES & SCHDULES S1.1 FOUDATAIN PLAN 52.1 FOUDATION DETAILS S3.1 FLOOR & LOW ROOF FRAMING PLANS S3.2 ROOF FRAMING PLAN S4.1 FRAMING DETAILS S4.2 FRAMING DETAILS • • "ATTACHMENT B" Page 2 of 2 U1.1 UTILITY SITE PLAN P1.1 FIRST FLOOR PLUMBING DRAIN PLAN P1.2 SECOND FLOOR PLUMBING DRAIN PLAN P2.1 FIRST FLOOR PLUMBING SUPPLY PLAN P2.2 SECOND FLOOR PLUMBING SUPPLY PLAN P3.1 PLUMBING DETAILS P3.2 PLUMBING SCHEDULES M1.1 MECHNICAL FLOOR PLAN M1.2 VEHICLE EXHAUST FLOOR PLAN M2.1 MECHANICAL DETAILS M2.2 MECHANICAL DETAILS M3. I MECHANICAL SCHEDULES E1.1 ELECTRICAL POWER PLAN -FIRST & SECOND FLOOR E1.2 MECHANICL POWER PLAN- FIRST & SECOND FLOOR E2.1 ELECTRICAL LIGHTING PLAN -FIRST & SECOND FLOOR E3. l ELECTRICAL DETAILS E3.2 ELECTRICAL DETAILS E3.3 ELECTRICAL DETAILS E3.4 ELECTRICAL PANELBOARD SCHEDULES NO 1 ADDENDA DATE PAGES February 19, 2004 Specification 07225-Nailablc Insulation (5 pgs) ADD CLOT. ADD CIA2. ADD A1.OI. ADD A1.02. ADD A1.03, ADD A1.04, ADD M1.01. ADD MI.02 February 23, 2004 Specification 07240 (7 pgs) ADD A2_01, ADD A2.02, ADD A2.03, ADD A2.04, ADD A2.05, ADD 2.06. February 23, 2004 END OF ATTACHMENT "B" 4 w/attachments 4 w/attachments 1 FAYETTEVI LiLE THE CITY Of FAYETTEVUEE, ARKANSAS • DEPARTMENTAL CORRESPONDENCE To: Coy Hurd Building Services From: Clarice Buffalohead-Pearman City Clerk Division Date: March 11, 2004 Re: V.E.I General Contractors/Wittenberg, Delony & Davidson Attached are two originals of the agreement for work at Fire Station No. 7. The agreement will be recorded in the clerk's office and microfilmed. If anything else is needed please let the clerk's office know. r /cbp attachments cc: Nancy Smith, Internal Auditor • • 2000 Edition - Electronic Format AIA Document G606 - 2000 Amendment to the Professional Services Agreement TO: Mr. Coy Hurd (OI. ner's Representthve) Amendment Nutnber. One In accordance with the Agreement dated: the Seventeenth day of March in the vear Two Thousand Three between the Owner. City of Fayetteville. Arkansas City Administration Building 113 West Mountain Street Fayetteville. Arkansas 72701 and the Architect: Wittenberg Delonv & Davidson Inc 100 west Center. Suite 102 Fayetteville. Arkansas 72701 for the Project: (Name and address) New Wedingtpn Drive Fire Station (Station # 7) Authorization is requested (X ) to proceed with Additional Services or a Change in Services. ( ) to incur Additional Reunbursable F,xpenses. As Follows: Ftevisetl scope of work based on the design of a new station not re -using the previous "proto-type" desgn The following adjustments shall be made to compensation and time. (Insert proissians in accordance Hath the Agreement, oras otherwise agreed by the paries I Compensation: Compensation for (3Ses will be a lump sum of $ 60 000 00 (not including other services listed in Article 12 of the contract). using 3 City of Fayetteville construction budget of 5990.000.00. Changes and modifications. or amendments in scope. price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scone. cost or fees, See Article 12 of the contract for other additional services and conditions. If the City adiusts the construction budget above the $990.000,00 amount. the compensation will be further negotiated. See attached Letter of Understanding for additional information Time: 0 2000 by The American Institute of Architects. Reproduction of the material hereon or substantial 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. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: amendsvcs.aia -- 6/17/2003. AIA License Number 1010610, which expires on 6/6/2003. Electronic Format 6606 - 2000 AUTHENTICATION Or THIS ELECTRONICALLY DRAPED AIA DOCUMENT MAY 01 MADE BY USING AIA DOCUMENT DWI. 02000 AIAO AIA DOCUMENT 6606-2000 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 No Chanoe • • ITTED BY: (Sign ure) RI and Alderman. AIA AGRE (-Cignakir Dan Coody, Mayor (Printed name and title) (Printed tume and tide) (Date) July 15, 2003 (Date) AUINENI!CAI ION OF MIs ELECTRONICALLY DRAFTED AIA DOCUMENT MAY CE MADE RV USING AIA DOCUMENT 0401, ONO) MAB AIA DOCUMENT 6606-2000 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT The American institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 ID 2000 by The American Institute of Architects. Reproduction of rhe material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of rhe United States and will subject rhe violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: amendsvcs.aia -- 6/17/2003. AIA license Number 1010810, which expires on 8/6/2003. Electronic Format 6606 - 2000 WITTENBERG. DELONY & DAVIDSON ARCHiTECTS -J-5 vee 9:vc. kite IC +v; r,; ,•,:.. AR /210.+ RALF. -ode 1;C/25I L.3I FAX May 27, 2003 Mr. Chris Bosch Fire Chief City of Fayetteville 303 W Center Fayetteville, AR 72701 Re: Owner/Architect Agreement Fire Station #7. Wedington Drive Fayetteville. Arkansas Dear Chief Bosch: ARCHITECTS I was ask by Vlavor Coody to review the project fee schedule on the above project. as it has been developed to -date. based on the new information afforded the City of Fayetteville now that a site has been selected for the project. Needless to sav the site is a beautiful piece of property that has manv trees and Important environmental considerations that \\ ere not kno\tn then the original architect's agreement was formulated. The current agreement between WD&D and the City is based on the re -use of the existing drawings for the past two :ire stations ts6 and replacement #41. Re -using the exis::ng plans on this Site. as selected. would drastically and we feel needlessly impacted the nature of the site by not affording the City and the architect the opportunity to de\ ise a scheme better suited to this beautiitil property and to have the building respond to :he unique environmental nature of the area. To that end I have attached our proposal to change the fees listed in the current agreement to reflect a fee that is based on a full design process not just the re -use of the previous pians. This change in :he agreement can be accomplished by attachment of a modification :o the e\stmg : ereemeni so that the existing agreement does not have to be completely re -worked. At the same time I feel it is important to re -look at the construction cost component of the project also. .A reasonable review of the projects construction budget. at this time. will make the overall project develop more smoothly. as the Mayor reinforced it to me That a quality project was required. The original project budget (as we understood it) was a hard construction budget of SS50.00.00. I have seen several printed budgets for the project and do not really feel we know what the City's hard construction budget is. The building with the addition of one bay to the existing plans is currently 7.600 square feet. This equals a cost per square foot of about SIII.S5/sq.it. Based on the construction costs of other fire stations in this area. this cost is below average. I have attached for your review the bid work-up of other fire station projects bid over the last few years and then up -dated to 2003. We feel this clearly shows that the cost per square foot for this building should be in the S130 to S1 45/sq.ft. range. if you apply this cost to the current square footage it comes out to 5988.000.00 to S L 10-'_.000.00 not 5850.000.00. I feel it is important that the City review this issue now and not later to the project. This issue of a proper construction cost budget also affects the architect's fee. • • WITTENBERG, DELONY & DAVIDSON ARCHITECTS 2471E Joyce S'C. Sure 10 FAvERFvut A917703 479/442L081 479/25i 43231 FAX Page two Amended Agreement 5-27-2003 I want to say how important this project is to our firm and re -iterate that we have tried to be realistic and not overly conservative (or conversely overly optimistic) with our hard construction cost projections for the work. It is extremely important with any "public works" project that a realistic construction budget is agreed upon and then a reasonable architect's fee can be worked out that allows the City of Fayetteville and the architect to properly develop the project. You will see on the last page of the attachments that we have proposed to revise the fee based on using a more realistic budget of $990,000,00.00 (low side of numbers) and then we have applied a 6.5% fee to the work. This is less than the standard 7% fee usually associated with projects of this size and complexity and I hope that you, the Mayor and the City Fathers will see that we are trying to give the City the best possible project at the least possible fee. Sincerely WITTENBERG, DELONY & DAVIDSON. INC. Richard Alderman, AIA Principal. Northwest Arkansas Office attachments: Listing of Recent Fire Station Bids - Worksheet Bid Costs up -dated to 2003 - Worksheet WD&D Proposed Adjustments to .Architect's fees Fire Station Bid Records (Fayetteville Fire Station #4 6,000 square feet Bid: 12-1999 1 low bid high bid 5611,520.00 5787,100.00 S101.92 5131.18 average 5699.310.00 5116.55 wtg. average 5675,538.00 5112.83 (Fayetteville Fire Station #6 6,000 square feet Bid: 08-1998 1 low bid high bid 5589,000.00 5684,324.00 598.16 5114.05 average 5636.662.00 S106.11 wtg. average 5646,273.00 5107.51 'Springdale Fire Station #1 23,400 square feet Bid: 08-1998 1 low bid high bid 52,635,812.00 52 933.200.00 5112.65 S125.36 average 52,784,506.00 5119.00 wtg. average 52,71 1,431.00 S115.88 (Springdale Fire Station #6 9,949 square feet Bid: 11-1997 1 low bid high bid 51.036,500.00 $1,140,000.00 5104.19 5114.59 average $1,088,25000 S109.39 wtg. average 51,084,965.00 5109.06 Fire Station Bid Up -date 3% increase per year for construciton increase Fay Fire Station a4 Fay Fire Station a6 Spring Fire Station a1 Spring Fire Station 136 1997 1998 1999 2000 2001 2002 $116.55 5106.11 5119.00 5109.39 5120.04 5123.64 5127.35 S109.29 5112.57 5115.95 5119.43 5122.57 $126.25 5130.04 5133.95 5112.68 5116.07 5119.56 5123.15 5126.85 Average 10% contingency 2003 5131.17 $123.01 5137.97 S130.65 S130.70 $13.07 (Adjusted Bid Average S143.77