Loading...
HomeMy WebLinkAbout44-03 RESOLUTION• • RESOLUTION NO. 44-03 A RESOLUTION TO APPROVE AN ARCHITECT CONTRACT WITH WITTENBERG, DELONY AND DAVIDSON IN A NOT TO EXCEED AMOUNT OF $83,700.00 TO DESIGN, COMPLETE THE LARGE SCALE DEVELOPMENT PROCESS AND SUPERVISE CONSTRUCTION OF FIRE STATION NUMBER 7 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 the contract attached as Exhibit A in which the City agrees to pay not to exceed 583,700.00 for architectural services for the design and construction for Fire Station Number 7. PASSED and APPROVED this the 1st day of April, 2003. 1. • ,t, - / • •6.4 • it • r • I. ••• es • el;i‘t • By • ••••. , i • • ••1 . . 'AfSt By: citbanzt•-•., cDtv•art, Sondra Smith, City Clerk APPROVED. DAN COODY, May ORIGINAI 64 • 1997 Edition - Electronic Format AIA Document B151 - 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Seventeenth dav ofMarch to the vear Two Thousand Three (In wordi. sndn-ate clas month and year) BETWEEN the Architect's client identified as the Owner (.Vann; euld(r.” and other in fortmnion) City of Fayetteville. Arkansas City Aslministrajion Building 113 West rnet Fayetteville Arkansas 72701 hereinafter known as the "City of Fayetteville", the" City" or similar term and ihe (Name. addre.s• and other inthrtnation Wittenberg, Delony & Davidson, Inc. 100 West Center. Suite 102 Fayetteville Arkansas 72701 hereinafter known as "Architect" For the following Project: (bowie derailed dewriplion nt Itcyra) New Wedington Drive Fire Station, A 6 000,to 10,000 square foot fire station including site work, architecturalsinechantgal electrical structural and associated s_ystems. The design will include compliance with local goveming authorities havingjadiction over the work. The work wilbe based on the re -use of the previous "proto-tyPen design with minimal changes. The Owner and Architect agree as follows. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed hy the Architect, Architect's employees and Architect s consultants shall be as enumerated in Articles 2,3 and 12. or z 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 NA DOCUMENT 0401. 1.2 The Architect's services shall be iterfornied as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the GAsceer-Ls City Of Fayetteville's approval a schedule for the performance of the Architect's services ‘vhich may be adjusted as the Project proceeds This schedule shall include allowances for periods of time required for the review and for approval of i ittstobyrb authonttiesechaTtvin.g jurisdiction over the Project. Time limits estahlished by this schedule approved by the <1.1V4tier City shall not, except for reasonable cause, be exceeded by User Comment. 03-006 Fayetteville Fire Station 0 1974, 1978. 19/1, 198/, 0 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 the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws arid 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: 97b15loa.aia 1/21/2003. AIA 1 cense Number 1010810, which expires on 6/30/2003. • 01997 A1.s.0 AIA DOCUMENT 8151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • 1.3 The Architect shall designate a representative au t horized to act on behalf of t he Architect with respect to thc 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 7.6 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 City to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner City. 2.2.2 The Architect shall provide a preliminary evaluation of the Ct.wnefls City'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 City 'alternative approaches to design and construction of (he Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Awtier City, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Arc hit cct shall submit to the cumaatsi: City a prel illliI an estimate of Construction 0.)s1 based on current arca, volume or similar ccmceptual estimating techniques. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner City in the program, schedule or constniction budget, the Architect shall prepare, for approval by the Owittar City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, matenals and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner City of any adjustments to the preliminary estimate of Construction Cost. 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 City, the Architect shall prepare, for approval by the Ovetter City , Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of t he Project. 2.4.2 The Architect shall assist the 04,..9-kar City in the preparation of the necessary bidding in fonnat ion, bidding forms, t he Condit ions of t he Contract, and t he form of Agreement between the Owater City and Contractor. Copyright 1974. 1978. 1977, 1987. ©1997 by The American Institute of Architects. Reproduction ot 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 the violator to legal prosecution. WARNING- unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electionically 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, 97b15loa.aia 1/14/2003. AIA License Number 1010810. which expires on 6/30/2003. 2 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN AT TORNEY IS ENCOURAGED WITHRESPECT TO ITS COMPLE TION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAF TED AJA DOCUMENT MAY BE MADE BY USING NA DOCUMENT 0401. 01997 AiA0 AIA DOCUMENT 13151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N W Washington D C 20006-5292 2.4.3 The Architect shall advise the Owner City 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 (he Owner City in connection with the Owners City's responsibility for filing documents required for the approval of governmental aut horit les having jutisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner -Ls City's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner - City in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for const ruction. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's resixinsibility 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 City of the final Certificate for Payment or 60 days after the date of Substantial Completion of the \York. 2.6.2 The Architect shall provide administration of (he Contract for Construction as set fonh below and in thc edition of Al A Document Ant, General Conditions of the Contract for Construction, CLIM1111 as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as pan 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 Owlier City _ 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 (--)Agier City during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Ow4ier City only to the extent provided in this Agreement unless otherwise modified t) written amendment. 2.6.5 The Architect, as a representative of the Owner City , shall visit the site at intervals ci va appropriateiidt } two tAlrec ArchitectininftAlin i(c:loe"it2r,ac( rt'ts) zycroaltnions, yo tfhaenziisaer a,gitreheadnldw t tohek (O..; p her t be Owner City informed about the progress and quality of the pori ion of the Work completed, (2) to endeavor to guard the Ole•94eF City 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 he required to make exhaustive or continuous on-site inspections to check the quality or quantity of (he Work. The Architect shall neither have control over or charge of. nor be responsible for, the constniction 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 (*flier City known deviations from the Contract Docurnents and from the most recent construction schedule submitted by the Contractor. I lowever, the Architect shall not be responsible for he Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. Thc Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or Copyright 1974, 19/8, 1977, 1987, 0 1997 by The American Institute at 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 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: 97b1Sloa.aia 1/14/2003. AIA License Number 1010810 which expires on 6/30/2003. 3 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION 01? MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AM DOCUMENT 0401 a •• 1;4 • 01997 MAID AIA DOCUMENT 8151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington D C 20006-5292 charge of and shall not ix' responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other pmons or entities performing portions of Me Work. 2.6.7 The Architect shall at all tittles have access to the Work wherever it is in preparation Or prop ess. 2.6.8 Except as otherwise provided in this Agreement or when direct cominunications have been specially authorized, the Owfter City shall endeavor 10 communicate with tile 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 cenify 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 Ciier City_, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data compnsing the Contractor's Application for Payment, that the \ Vork has progressed to the point indicated and that, to the best of the Architect's knowledge, in and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subs.ct (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. 2.6.9.3 The issuance of a Cenificate 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 \ Vork, (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 City to substantiate the Contractor's right to payment, or (4) ascenained how or for what purpose thc 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 authonty to require inspection or testing of the \York 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 I., Work. ape THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 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 erelroeistsacdhte protiipt nCto?snstarasettDo o caticsuettien tictdtestayTheht t hAetc\i‘triolerckl'osactr riothen act icix; otfatichrhu e'nwittet such tv , 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 determining 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 othenvise specifically stated by the Architect, of any construction Copyright 1974. 1978, )977, 1987, 1997 by The American Institute of Architects. Reproduction ot 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 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: 97b151oa.aia 1/14/2001 AIA License Number 1010810, which expires on 6/30/2003. 4 01997 MAC AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006•5292 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 SCIVICeS or certifications by a design professional related to systems, materials or equipment are six•cifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satis. 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 supporting documentation and data if deemed necessary hy the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the QwwerLs City'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 Ow.iief City , for the Owfierls City's review and records, written warranties and related documents tequired 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 Pwner City and Comractor under, and requirements of, the Contract Documents on written request of either the Owner City or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or othenvise with reasonable promptness. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonable inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both rawiter the City 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 0NOlit1* CitY 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. 2.6.18 The Architect's decisions on claims, disputes or other nratters in question between the Owfter City 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 he paid for by the Owner City of Fayetteville 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 he provided if authorized or confirmed in writing by the OVitlef City . If services described under Contingent Additional Services in Copyright 1974. 1978. 1477. 1987, 1957 -by The American nstitute 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 Stales 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: 97615loa.ala 1/14/2003, AIA License Number 1010810, which expires on 6/30/2003. 5 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION, AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED /VA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401 01997 AlAID AIA DOCUMENT 13151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Paragraph 3.3 are required duc to circumstances beyond the Architect's control, the Architect shall notify the Owner: City prior to commencing such SelNiCCS. If the OW/it4 City deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the OwneF City indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have ilo 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 thc 04villae CitV and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as descnbed in the edition of AIA Document li352 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 Okyner City 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 33.1 are: CONTINGENT ADDITIONAL SERVICES Making revisions in drawings, specifications or other documents when such revisions .1 inconsistent 'nth approvals or instructions previously given by the Ov.ziter City, including revisions made necessarv by adjustments in the Owner -Ls 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 tile OwlieI4 City's failure to render decisions in a timely manner. 3.3.2 Providing services required because cif significant changes in the Project including, but not limited to, NIZe, quality, complexity, the OwnerCity'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 semces in connection wit h evaluating substitutions proposed hy t he Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES 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 AIA DOCUMENT D001 01991 AiA0 AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other 1735 New York Avenue, N.W. cause during construction, and furnishing senfices required in connection with the Washington, D.C. 20006-5292 replacement of such Work. Copyright 1914, 178, 1977, 198/, CJ 199 by The American Institute of Architects. Reproduction ot 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 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 97b1Sloa.aia V14/7003, AIA License Number 1010810, which expires on 6/30/2003. 6 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 Owiker City 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 proceedings t xcept-..ihere 4K Architect -is -pent -therekt 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection hith bidding, negotiation or constniction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES AUTHENTICATION OF THIS ELECTRONICALLY 3.4.1 Providing analyses of the Owtiefls Ctly_is needs and programming the requirements DRAFTED Am DOCUMENT MAY BE MADE BY of the Project. USING NA DOCUMENT D401. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPIE TION OR MODIFICATION. 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 drawiligs thereof. 3.4.7 Providing services to yeti fy the accuracy of drawings or other in furnished by ill( Cr\witLf 3.4.8 Providing coordination of construction performed by separate contractors or by the GwnerLs Casts own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner City . 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner: City_. 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 ‘vith the selection, procurement or installation of furniture, furnishings and related equipinent. 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. Copyright 1974, 19/8, 1977, 198/, 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 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: 97b1Sloa aia 1/14/2003. AIA License Number 1010810, which expires on 6/30/2003. 7 01997 ARID AIA DOCUMENT 8151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American institute of Architects 1735 New York Avenue, N.W. Washington, D C 20006-5292 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during roust ruction 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 Cavelier Cily_of the final Certificate for Payment, or in the absence of a final Cut ificate for Payment, more than 60 days after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than architectural, st nictural, 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 City of Fayetteville shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a wiitten program which shall set fon h the OwnerLs. CitylLobjectives, schedule, constraints and cnteria, including space requirements and relaticmships, flexibility, expandability, special equipment, systems and site requirements. The Owner City shall furnish to the Architect, within 15 days a ft e r receipt of a written request, in necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 4.2 The Owner City shall establish and periodically update an overall budge( for the Project, including t he Consnuction Cost, the 03/4119eFIS Ca,/ other costs and reasonable contingencies related to all of these costs. 4.3 The Owner City shall designate a representative authorized to ad on the Owners City's behalf with respect to the Project. The Owner City 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 OWiief City shall furnish surveys to describe physical characteristics, legal limitations and, utility locations for the site of the l'roject, and a written legal description of the site. The surveys and legal infon»ation 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, boundanes and contours of the site: locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and in concerning available utility services and lines, both public and private, above and below grade, including invens and depths. All the in on he survey shall be referenced to a Project benchmark. 4.5 The Owner City shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services inay include but are not limited to test bonngs, test pits, 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. Copyright 1974, 1978, 1977, 1987, V) 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the NA violates the copyright laws of the United States and wi I 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: 97b1Sloa.aia -- 1/14/2003. AIA License Number 1010810. which expires on 6/30/2003. 8 THIS DOCUMENT HAS IMPORTANT IF.GAI CONSEQUENCES CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WIThl RESPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AM DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401 01997 MAID AIA DOCUMENT 8151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 173S New York Avenue, N.W. Washington, D.C. 20006-5292 4.6 The Pwth&F City shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Architect and air reasonably required by the scope of the Project. 4.7 The 0.4aer City 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 Owtret City. shall furnish all legal, accounting and 11191111311CC services that inay be necessary at any time for the Project to meet the CawnerLs City's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascenain how or for what purposes the Contractor has used the money paid hy or on behalf of the Owiter City. 4.9 The services, information, surveys and rerxm-ts required by Paragraphs 4.4 through 4.8 shall be furnished at (he Owner's expense, and the Architect shall he entidal to rely upon the accuracy and completeness thereof. 4.10 The &Aro& City shall provide prompt wntten notice to the Architect if the Owner_ City 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 Prollt1 is not completed, the estimated cost to the OwlieF City Of FatilltlY_Ille 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 City and equipment designed, specified, selected or specially provided for by thi.ti Architect, including the costs of managemelli or supervision of constnaction or installation provided by a separate construction manager or contractor, phis a reasonable allowance for their overhead and profit. fit addition, a reasonaNe allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 5.1.3 Const ruction Cost does not include t he compensation of t he Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the 0.--wer City as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner:s - City's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Constniction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design pmfessional familiar with the ccoitnystirulasctciootin rionidouvsten: thc ctisttit.c) folganizre,d;niiiit°e‘rNitavlsccri'r let] ot ncithcr ver viler At he 1Clitocicntranconrift'shcni""eFet hods - of determining bid prices, or over compoitive bidding, market or negotiating condit 1011s. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated pnces will not vary from (he Oi‘oaier:s City's Project budget or from any estimate of Constniction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall he permitted to include contingencies for design, Copyright 1974 1978, 1977. 1987, 0 1997 by The -American Institute oTArchitects. 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 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: 976151oa.aia 1/14/2003. AIA License Number 1010810, which expires on 6/30/2003. 9 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALIY DRAFTED NA DOCUMENT MAY RE MADE BY USING AIA DOCUMENT D401 01997 AIM) AIA DOCUMENT 8151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 bidding and price escalation, (0 determine %%hat 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 Constniction 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 Ridding or Negotiation Phase has not commenced within 90 days after the Architect SUknit s the Construction Documents to the Owner City, 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 negotiates] proposal, the OwnerCity shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project %sithin 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 11- the Owner City chooses to proceed under Clause 5.2.44 the Architect, without additional compensation, shall modify the documents for which the Architect is responsible 1111det this Agreement as necessary to comply %nth the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to thc Owner City 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, incluslmg those in electronic form, prepared by the Architect and the Architect's consultants arc 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 cominon law, statutory and other reserved rights, including copyrights. 6.2 Upon execution of this Agreement, (he Architect grants to the Osiinier City of Fayetteville a nonexclusive license to reproduce the Architect's Instruments of Service solely Itt for purposes of constructing, using and maintaining the Project, provided that the OWiiel_ City shall comply svith all obligations, including prompt payment of all sums when slue, 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 City shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all onginals and reproductions in the Oietinerls City'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 City 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 cif completing, using and maintaining the Project. THIS DOCUMENT HAS IMPORTANT LEGAI CONSEOUENCES. CONSULT ATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING ALA DOCUMENT 040I Copyright 1914. 1978, )ij77, 1987. 4, 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 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: 976151oa.aia 1/14/2CO3. AIA License Number 1010810. which expires on 6/30/2003. 10 "IP 01997 A1A0 AIA DOCUMENT 8151-1997 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 deemed granted or implied under this Agreement. The Owner City shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted henin to another party without the prior ‘Yritten agreement of the Architect. However, the Owner City shall he permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Inst niments of Seivice appropriate to and for use in their execution of the Work by license gpmed in Paragraph 6.2. Submission or distribution of Instruments of Seivice to meet official regulate!ry 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 thc Architect's consultants. The 0.09-144. City shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner City obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall he at the Ownerls City's_ sole risk and without liability to the Architect and the Architect's consultants. 6.4 l'rior to the Architect providing to the Owner City any Instruments of Service in electronic fonn or the Owner City providing to the Architect any electronic data for incorporation into thc Instruments of Service, the Owner City 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 74 WIED4A-T-114N 744 Any -elaifth -eletine -er -ether thither -in teenien -asking out -Of -thlaten -ie hi Atiee045044 hell 45e -51theC4 -Illediettoti -as -a -condition -preeedent 401041a4400 -04 -44+e -equiteI4ettec-eedings-by-ei4-lierinn-y,-1-1-thehthianer-relaths-4e-n4-n-the- sinneet +4 -a then -ansing -4 44 -the -Atchitect't serviees; -the -Architect 4ITHY 1000eeal 4n - accordance-With-a:the-able -law -to -comply -with -i-he lien-14+4-ite 4-4 40048 -lit reseilutittli-ef-the-mattee-by-inediatiOnentr 7-14 -T-he -Owner -and -Arehiteet -shell -4.11.3eaut0 40 -resolve -claims, 4iiitputes -and -ether - 1 4ie44-ef4 -140-`5000 between them -by -ntedio-tion whielci7 -unless 4 -he -poeties 41.tuttialty -agree otherwise -shall -by -in aczyriatic.. with -the -€00544104001 4li4unty -A-lethalKm Rules 44 -the - Aineneati -Afint-Fal-inn -A!.theient-th nthreinty-iii.effeen -Requen-car therliar inn -thall -Aka nen cnintwit-Ii4he 44 he • iih-the-Ameneen-Athitranoti-Assoeietnthr The-re,:ju. 54 moy-he-ina4 neaki-for-erbitrehon-buin-s.uch- event, 4nediatiOn hell -t43/40---eerg 4 egriveilee of -er anthahle -insweetthigs; which-shall-be-shnteci-f*inlingthretliat . • inthe-clete-nfthlingrithless- nayeti-fethblettery-}ericki-byngthemenne-f-theten-tes-or COU0-00169 7A7-3- -T-lw-piteties-shall-shat iIw-inethethiLs-fee-eininny-filiwg-fees-equally: -The-thetlionein then -be thelli -I he inner -where +he 4/reject is 4i4eatedi -unless -another -Iceekiett 444utuotly- agreed-uponnikgreenients-reached-itt-inethatthinshnl-be-encerceable-es-senlemeth-agreeinents- itinny-r-thin-hasingittrinhalelntheref4 7.7 ArR81-114 AT -1-044 7.2.1 Any -dainn -thit. the -or -other thaner cinestion -ffnning -0/04 -of -er -related -th +his Agreetheth +hall -be -subieet 444 -arktitratioit,-Reier -erhi+rekietorthe -parties shall -endeavor -to reselve-ditputes Porogroph 7,1, 74.4C4aitnt 4iftstes -and -ether -matters -in -qtrestien -hetween -the -ponies that OR -144054- fe901444-1454-1-4040114041 444444-14e-cleerele-El45y40 . • 1i -woolly -agree et -lief -wise -shell -be 444 41€601440 -life -Wial 4w -001-144-RK-44014 4-tklustry Athiteatien 4.tules 44 -the - Amerrean-A444-F04-001 Assec-imien-eurrently i i -shall be filed Copyright 1974, 1978. 1977, 1987, 0 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 the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was elecrionically produced with permission of the AIA arid can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document- 97615loa.aia -- 1/14/2003. AIA License Number 1010810 which expires on 6/30/2003. 11 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMP!, TION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AM DOCUMENT MAY BE MADE BY USING AEA DOCUMENT 0401. 01997 MAO AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue. N.W. Washington, D.C. 20006-5292 in -writing -with -the -ether -pant -te -the Agreement- -and -..41.1 the -American -Arbitiminn 7:24 A -demand -Mr -shail -be -a -reasematale -time -after -the dispute-m-ethertnattcr in estion-has-arisen4time-event-slialbthe-deineml-for-arbitration be - made -after -the -dote wl len 4nm-in:Men -ef -m-equit able -proceedings -based -emsueli Mspute-or-cithemnatter-iii tiomwould-be-barrefil-by-the-appiicable-statme-eblimitatim 7=2=4 No -er-intratinn -mitring -mit fif -or -relating 4.0 -Eks -&1-14+11 -include; -by - Fensohda4inmer-ininder-m-imany-04-her-inennerrammidnienal-person-Ar-eitlity-1104-e-perttme I his -Argreement7 -except -by -written .consein -containing -a -specific-reference to -t his -Agreement - end -signed by -14te Owner, -Areltiteeh and any -ether -person -or -emity -set.* -in -be *Med, Q.011fveli440-ethit-rekieti-invektitvg-eti-ed414€4184-perseti-er-et414-y-frliall-w4-coltmitu4e-c-eifsent-1e- arbitration -ef -any *Intim -dispute -Of -&theF-tiii+Her -ry44esfien -not -deseribed -in -the -written Feast tit -M-441-h-e peron-m-entitymetmainea-m-deserthed-thereim TIR-feregeing-agreement te -arbitrate -end -other agreements -te -arbitrate -.4th -ast -per-Seli -eiwitt Juty emisented4e4y-panies to this ceable4n-eccerdenee-4.44h applicable-law-iwatty-coun-heving-junsdretien-thereefr 14.-5 The -award retidered-by+he bet 111‘leti-tfp0O-1 +04g4lie144-1190y- te1/21911g-tifft/eitecleli-Eliereerf. 7.3 CLAIMS FOR CONSEOUENTIAL DAMAGES The Architect and Owner City waive consequential damages for claims, disputes or other matters in question arising out of or relating to (his Agreement. This mutual waiver is applicable, ‘vithout limitation, to all consequential damages due to either pany's tenninatirni in accordance with Article R. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 If the c-bviier City fails to make payments to the Architect in accordance with (his Agreement, such failure shall Ile 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 davs' written notice to the Owner City.. In the event of a suspension of services, the Architect shall have no liability to the OWitef C1h, for delay or damage caused the Owner City 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 Ile equitably adjusted. 8.2 If the Project is suspended by the Owner City for more than 30 consecutive days, the Architect shall be compensated for services performed pnor to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the t interniption 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 (he 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. THIS DOCUMENT HAS IMPORTANT LEGA. CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 F.NCOURAGED WITH RESPECT TO ITS COMPff TION OR MODIFICATION AUTHENTICATION Of THIS ELECTRONICA1 I Y DRAFTED AM DOCUMENT MAY Ai MADE BY USING AIA DOCUMF NT 0401 8.4 This Agreement may be terminated by either party upon not less than seven days' wntten notice should the other party fail substantially to perform in accordance ‘vith die terms of this Agreeinent through no fault of the party initiating the termination. 8.5 This Agreement may be terminated by the @Whet City upon not less than seven days' written notice to the Architect for the Owner -Ls City's convenience and without cause. Copyright t74. 1978, 1977, 1987, 0:1) 199Thy The American Institute of Architects. Reproduction ol 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 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: 97b151oa.aia 1/14/2003, AIA License Number 1010810, which expires on 6/30/2003. 12 01997 AIAID AIA DOCUMENT 8151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 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 ‘vith Reimbursable Expenses then due and all Termination Expenses as defined in Panigniph 87. 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, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This-Agreenten4-444141e-govented-by-t-he-lew-44-he-prifteipa-l-plec-e-of-business-of-the Arc . •.. • _. This Agreement shall be govemelf by_ the law of Arkansas and the jurisdicitoo for any legal action shall be Washington County Arkansas. 9.2 Terms in this Agreement shall have the same Illea !ling as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the panics to this Agreement penaining 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 10 Substantial Completion or (he date of issuance of the final Certificate for Parment for acts or failures to act occumng after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date \viten thc Architect's services are substantially completedr- Or as determined by Arkansas law. 9.4 To the extent damages are covered by properly insurance during construction, the Pwner City of Fayetteville 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 c.dition of Al A Doc umc Ilt A201, General Conditions of the Contract for Construction, current as of he Lime of this Agreement. The OVILlit`f City or the Architect, as appropriate, shall require of the contractors, COI sultants, agents and employees of any of them similar waivers in favor of the other panics enumerated herein. 9.5 The Ow+ter City and Architect, respectively, hind themselves, their panners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other pans' with respect to all covenants of this Agreement. Neither the Owner City or the Architect shall assign this Agreement without the wntten consent of the other, except that the Ow+ter City may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the OwtitAFIs City'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_ City and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement inay be amended only by written instrument signed by lxith Owtier City and Architect. 9.7 Nothing contained in (his Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owtier City or Architect. Copyright 19/4. 19J8, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the mater al herein 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 MA and can be reproduced in accordance with your license without violation until the date of expiration as noted below User Document: 97b15loa.aia 1/14/2003, AIA License Number 1010810. which expires on 6/30/2003. 13 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES CONSULTATION WITH AN AT TORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLE TION 017 MODIFICATION AUTHENTICATION OF THIS ELECTRONICAILY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 040I. 01997 A1A0 AIA DOCUMENT 8151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, NW Washington. D.C. 20006-5292 9.8 Unless othenvise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discoven., prim. nce, 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 Awtterls City's confidential or propnetary in if the Porliet: City has previously advised the Architect in writing of the specific information considered by the Awiltsr City to be confidential or proprietary. The Owner City shall provide professional credit for the Architect in the Aw.neils Cita promotional materials for the Project. 9.10 If the Owner City 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 viould 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 contnbutions. 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 tlw Project, as identified in the following Clauses: .1 transportation in connection with the Project, authonzecl out-of-town 112%Tl and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having junsdiction over the Project; .3 reproductions, plots, standard form documents, ixistage, handling and delivery of Instruments of Seivice; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner City of Fayetteville: .5 renderings, models and mock-ups requested by the Owner City. .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the C)Actier_ City in excess of that normally carried by t he Architect and t he Architect's consultants; .7 reitnbursable expenses as designated in Article 12; .8 other similar direct Project -related expenditures. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES Copyright 19/4, 1978, 1977. 1987, 45-1997 by The American hist, ute of Architects. Reproduction ot the materia herein 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: 97615loa.aia -- 1/14/2003. AIA License Number 1010810, which expires on 6/30/2003. 14 THIS DOCUMF.NT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMP1E TION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING ALA DOCUMENT D401 01997 AIA0 AIA DOCUMENT 8151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D C 20006-5292 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 proponion to services performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any set -vices rendered during the additional period of time shall be computed in the manner set fool) in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Construction Cost and any ponions 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 Ls received, the inost recent prelhninarv estimate of Construction Cost or detailed estimate of C:onstruction Cost for such portions of the Protect. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payinenis on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of seiviccs rendered or expenses incurred. 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated datnages or other sums withheld front payments to contractors, or on account of the cost of changes in the Work other than those for ‘ehich the Architect has been adjudged to by liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and exixmses 1m -tattling to Additional Seivices and services performed 011 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 elmitar City of Fayetteville shall compensate the Architect as follows: 11.1 po911L'nl. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES CONSULTATION tvirH AN AT TORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED INA DOCUMENT MAY BE MADE BY USING ALA DOCUMENT 000I 11.2 BASIC COMPENSATION 11.2.1 For Basic Services, as described in Ankle 2.311(1 any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert two of compensation. including cupt.tlateil sums. multiples or percentagei. end identify phew% to .Such particular method. of compeniation apply, if necenuy otherust5 Compensationse: V the I this contract Shall nol_beAtlowed without a prior formal contract amendment or fees. See Article 12 for other additional services and conditions. If the City $850.000,00. Clanges_and modifications or amendments in scope price or fees to adi approved by the Mayor and the City Council in advance of the change in scope cost ceosni sfi sot Lire Basic tali ons incAbilSujecdivigeei Services e2as)biwouvisl ell nbtgeh eaa sclu8i tm5y0p0.01souFoma:oeo ft lae5mv4i5on ue0nOtOeconstruction (i snsouteobfincludinguogfurtheretot compensation will be further negotiated...) 01917 Ala AIA DOCUMENT 8151 1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 0-( 2..(a• ° Copyright 1974, 1978, 1977, 1987, 0 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 the violator to legal prosecution. WARNING: Unlicensed photocopying violates U 5. copyright laws and will subject the violator to legal prosecution. This docurnent was electronically produced with permission of the MA and can be reproduced in accordance with your license without violation until the date of expiration as noted below User Document: 97615loa.aia 1/14/2CO3. AIA License Number 1010810, which expires on 6/30/2003. 15 11.2.2 Where compensation is based on a stipulated sum or percentage of C:onstruction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Mien addition" I phisim as appmpriato Schematic Design Phase: Fifteen Design Development Phase: Twenty Construction Documents Phase: Forty Bidding or Negotiation Phase: _ES Construction Phase: Twenty Total Basic Compensation: percent (15 percent (20 percent (40 percent (05 percent (20 0/0) 0/0) 0/0) one hundred percent (10(10/0) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compensation shall be cotnputed as follows: Hourly at three (3,0) limes the direct personnel expense of the Architect's principals and/or employees as defined in_Athcle 10.1 11.3.2 For Additional Services of the Architect, as described in Articles 3 am! 12, other than (0 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 or Pima Personnel &pence Mr Principal< and emplosees and identifr IMUcipals and classify employees, if respond Mena,' specific services to which particular methods of compensation apply, if neressiur principals caidpdailtsdioannal/SoerrvemiCeSi rveeoeusaeStsecideifinnaedddiinthosecitioAnritioel t services already listed in Article 12: Hourly at three (3s011imes the direct Personnel expense of the Architect's 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those providedtim.er C I .th)paragraph 3.419 or 'dent i fled in Article 12 as part of Additional Services, a multiple Of one point two (1.2 ) times the amounts billed to the Architect for such services. odentiff "pm& wits of consultant% in Annic 14 if revolted I 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Paragraph 10.7, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one Doint two (1.2 ) 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 tlus Agreement have not been completed within fourteen (14 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable fifteen 1 days from the date of the Architect's invoice. Anistiiits-ititei4-(—)-days helowi-r+r-itithe-a3/4.senc-e-diereoc-a+-t he Lokrate-prevailittg-freffi+ime-te-t-itne-04-4-he-pFilieipel- P4C IInThwe CaoriFefaeymedgftevim illew4ill endeavor to oav within 30 days of the date of the Architect's invoice. withoulguarantee of such timing (Usury laws and nviurements under the Federal Truth in Lending An, similar mate and local consumer credit laws and other regulations at the Dimer's and Architect's principal places of business the location of the Project and elieutere Copyright 1974. 1978. 1977,1987, (15 -1497 -by The American lnsTiruTe oFArthttects. 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 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, 97b1Sloa.aia 1n4/2003. AIA License Number 1010810, which expires on 6/30/2003. 16 THIS DOCUMENT HAS IMPORTANT LEGAI CONSEOUENCES, CONSULTATION WITH AN ATIORtVEY IS ENCOURAGED WITH RF.SPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 040I 01997 AiA0 AIA DOCUMENT 8151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington D C 20006-5292 may. affect the validity of this provision Specific legal adnCe should be obtained with respect to deletions or modifications and also regarding requirements such as 1•Tittell thiCknillet or W211175.1 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the nonnal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descnntions of other semen. identify Addnimul &niers included within Basic Compensation and modifications to the pament and compensation terms included in thic Agreement) 12.1.1 Additional Services* LSD Elanning: Not to exceed $12.000.00 Lump sum fee for normal LSD Process and does not include citizen group meetings or other activities outside the normal LSD plannino Procedures. Citizen group meeting Participation will be hourly per Article 11.3,2 1Z1.2 Changes. modifications. or amendments in_scope.,_price or fees to this contract shall not be allowed without a pnor formal contract amendment approved by the Mayor and the City Council in advance of the change in scope. cost or fees. 12.2 Basic Services do not include infrastructure improvements ofLsite and do not include the design or completion of improvements for Public utilities. Public utility extensions and/or utility work other than on site utiity work normally associated with construction of the building. Basic Services do not include environmental clean-up activities. 12,3 Reimbursable expenses are defined in Article 10.2. For the purposes of this agreement. the City of Fayetteville will establish a reimbursable budget of TWELVE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($12 200.00). If additional expenses are requested by the City, the City will raise the reimbursable budget to cover such expenses needed for proper completion of the project, For a listing of reimbursable items. see Attachement "A". 12.4 FOI Clause: City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. 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 prompt and timely manner as prescribed in the Arkansas Freedom of Information Act. Only legally authorized photocopying costs DurSuant to the FOIA m -y be assessed for this ccspjjance„ 12 5 List ofproposed consultants. With approval of the City of Fayetteville. the following consultants will be used on the Project. MEP Engineers Structural Engineers Civil E gineers Geotechnical 84 Green Anderson Engineers. Inc Enaineering Consultants. Inc. McClelland Consulting E gineers Environmental -ectibtesr HoskyR—Bacten-&-Wva016. McClelland Consulting Engineers Survey McClelland Consult' g Engineers g • 26. only if additional compensation for Survey Geoteclinical evaluations or other items THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 70 /75 COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED ALA DOCUMENT MAY BE MADE BY USING AM DOCUMENT MI. 01997 AIA0 MA DOCUMENT 13151-1997 AFIRREVATED OWNER -ARCHITECT AGREEMENT The Arnerican Institute of Architects 173 Ne York Avenue, N.W. n, D.C. 20006-5292 Copyright 1974. 1978, 1977, 1987, 0 1997 by The American Institute ot Architects, eproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United Stares 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: 976151oa.aia -- 1/14/2003. AIA License Number 1010810, which expires on 6/30/2003. 17 in addition to basic services areested by the City of Fayetteville • The Architect can change the use of consultants. The City of Fayetteville has the right to approve or disapprove any change in consultants This Agreement entered into as of the day and year first written above. OWNER The City of avettevilleffigadtare 14:11"3141—(Pratm tell mime and it( 451.41112 AQ22linAm-- ARCHITECT ts-, tuiurt9 I rimed tunic Ala ilk') Copyright 1974. 1978, 1977, 1987, tt) 199/ by The American Institute of Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the MA 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: 976151oa.aia 1/14/2003, AIA License Number 1010810, which expires on 6/30/2003. 18 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSUI TATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED ASA DOCUMENT MAY BE MADE BY USING AM DOCUMENT NOE 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 • • • ATTACHMENT 64A" Owner Architect Agreement Fayetteville Fire Station #7. Wedington Avenue Fayetteville, Arkansas Estimated Reimbursable Expense Listing Page I of I Drawing Sets Printed for Construction 40 @ S150.00 LSD Drawings Printed 40 @ $ 25.00 As -Built Record Documentation 3 @ S150.00 Miscellaneous Printing (check sets for City Review. Engineers. etc.,) State Health Department Plumbing Review 6. State Health Department Water Line Review Fee 7. AHTD Curb CUL Permit (Wedingtor Drivel S. City of Fayetteville LSD and Planning Fec(s) (Waived b:. City) City of Fayette \ die Building Permit Feet s) (Waived bv City) 10. Miscellaneous Postage. Photographs. etc 5 6,000.00 $ 1,000.00 S 450.00 S 1.500.00 S 500.00 $ 500.00 S 1.000.00 Waived Waived S 1.250.00 Total Reimbursable Budget S12,200.00 Only expenses actually incurred. requested or required for the project will be billed. Billing of reimbursab!c .."...ncrises will he per Article 11.4. Reimbursable expenses are defined in Article 10.2. For the purposes of this agreement the City of Fayetteville will establish a reimbursable budget of 512.200.00 based on the estimated expense listing above. If additional expenses are requested by the City of Fayetteville. the City will raise the reimbursable budget to cover such expenses needed for the proper completion of the project.