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HomeMy WebLinkAbout57-03 RESOLUTIONRESOLUTION NO. 577°3 A RESOLUTION TO APPROVE AN ARCHITECT CONTRACT WITH CROMWELL ARCHITECTS, ENGINEERS, INC. IN A NOT TO EXCEED AMOUNT OF $260,000.00 TO DESIGN, COMPLETE THE LARGE SCALE DEVELOPMENT PROCESS AND SUPERVISE CONSTRUCTION OF THE FAYETTEVILLE WATER AND WASTEWATER OPERATIONS CENTER 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 to Cromwell Architects, Engineers, Inc. not to exceed $260,000.00 for architectural services for the design and construction for the Fayetteville Water and Wastewater Operations Center. PASSED and APPROVED this the 15th day of April, 2003. ATTEST: By: 42.44A., Sondra Smith, City Clerk APPROVED: By DAN COODY, Mayo • • 1997 Edition - Electronic Format 114101110 AIA Document B141 - 1997 Standard Form of Agreement Between Owner and Architect with Standard Form ofArchitect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the 15111 day of April in the year Two Thousand and Three (1nis/on/3, Mdkate (by, month am I year) BETWEEN the Architect's client identified as the Crofter City; (Name. .xl•fress .uul other M form:Mon) City of Fayetteville Arkansas City Administration Building 113 West Mountain Street Fayetteville. AR 72701 and the Architect: (Name, address and other thIbmbition) Cromwell Architects Engineers. Inc 7 North Block Street Fayetteville. AR 72701 For the following Project: (Include detailed description Proiect) The design of a new New Operations Center building/0 be located at the South Industrial Park Fayetteville. Arkansas. Architect Engineer Project No. 2003-035 The Owner and Architect agree as follows. y e merican 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 belowexpiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below, expiration as noted below. expiration as noted below. expiration as noted below. User Document: 2003-035 city of fayetteville water operations.aia -- 4/10/2003. AIA License Number 1000430, which expires on 2/4/2004. 1 This document has impottant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED NA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 040I. 0 1997 A1At8 AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or .1 statement such as "not applicable."unknown at time of execution'or "to be determined later by mutual agtret»ent.") To be determined by mutual agreement. 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identibt or descnbe if appropriate. proposed use orgoals.) Construct a new Water and Wastewater Operations Center. 1.1.2.2 The physical parameters are: (Undo, or elescnbe if appropriate. size. location. thinensions, or other pertthent information. such .15 grotechnical irports about the site.) NIA 1.1.2.3 The Owner -424s Program is: ()demi& documentation or state the manner in which the program 1.711 be developed) The program was developed from interviews conducted by the Architect under a previous agreement, 1.1.2.4 The legal parameters are: (IJenn* penthent legal in fon»ation, including. if appropriate, /and surveys and legal descnptions and trstnCtions of the site.) N/A 1.1.2.5 The financial parameters are as follows. .1 Amount of the gweeElscitei overall budget for the Project, including the Architect's compensation, is: Three Million Two Hundred Thousand and NO/100 Dollars(S3.200.000 00) .2 Amount of the Gmo-lieF:scW budget for the Cost of the Work, excluding the Architect's compensation, is: Two Million Eight Hundred Ninety Five Thousand and No/100 Dollars($2.895.000.00) 1.1.2.6 The time parameters are: (Identifr. appropnate. milestonedates. durations or fast trxk scheduling ) N/A 1.1.2.7 The proposed procurement or delivery method for the Project is: (Alen* method such as competitive bid. negotiated contract, or construction management.) To be determined at a later date. 1.1.2.8 Other parameters are: ()dead& special characteristia or needs of the Protect such as titer. environmental or Instonc preservation requirements.) N/A 0 1917, 1926, 1948, 1951, 1951,-195-0,-19-61, 1963. 1966. 1967, 1970, 1974, 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 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. expiration as noted below. expiration as noted below. expiration as noted below, expiration as noted below. expiration as noted below. expiration as noted below User Document: 2003-035 city of fayetteville water operations.aia 4/10/2003. AIA License Number 1000430, which expires on 2/4/2004. 2 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. 1997 AIA® AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 1.1.3 PROJECT TEAM 1.1.3.1 The-Qemer4-CalDesignated Representative is: (List name. address and other in [mutation.) Water and Wastewater Director (Greg Boettcher P.E.) 1.1.3.2 The persons or entities, in addition to the Gwelee:s-Citli5Designated Representative, who are required to review the Architect's submittals to the Q-W.Fleicti am: (List name addirss and other information.) Building Services Manager (Coy Hurd) 1.1.3.3 The Gwriee!s-citAsother consultants and contractors are: (List discipline and. if known, identiothem by name and address.) Lane 1.1.3.4 The Architect's Designated Representative is: ant name. address and other ni formation.) Thad R. Kelly III 1.1.3.5 The consultants retained at the Architect's expense are: (Litt ithripline ami. ifknown. identifr them by name and address.) None 1.1.4 Other important initial information is: None 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, or as follows: 1.1.6 The information contained in this Article Li may be reasonably relied upon by the Owneraity and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the GwrierCity and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Paragraph 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Awiterciti and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. 1.2.2 01.444E -RCS 1.2.2.1 Unless otherwise provided under this Agreement, the Cwriercity shall provide full information in a timely manner regarding requirements for and limitations on the Project. The 03/4111eici1Y shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 1.2.2.2 The Qwweecati shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Qwiierc_tii shall not significantly increase or decrease the overall budget, the ponion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without wrinen 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. expiration as noted below, expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document: 2003-035 city of Tayetteville water operations.aia -- 4/10/2003. AIA License Number 1000430, which expires on 2/4/2004. 3 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF MS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING IVA oocumENT 0401. 0 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington D C 20006-5292 1.2.2.3 The iass44eF:5cala Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the OwneFICI.W...* behalf with respect to the Project. The Owsseccitt or the gasslica 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. 1.2.2.4 The igkwnetrcily shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. 1.2.2.5 Unless otherwise provided in this Agreement, the Qv/fief:C.& shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 The Ovitneicaly shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Qwiserlscite_s needs and interests. 1.2.2.7 The-OwsteFcb shall provide prompt written notice to the Architect if the GI msf e F becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in An icle 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the l'roject. The Architect shall submit for the Owiserlst approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the CsveerLscilis review, for the performance of the 04•4Res16Q10 consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the GwReFCAV shall not, except for reasonable cause, be exceeded by the Architect or gwiseEc.ity., 1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Awriercily, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claitn or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the AssisecCity. 1.2.3.5 Except with the Qs4i1erlsCitv'$ knowledge and consent, the Architect shall not engage in any activity, or accept any employment. interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 0 i9li. 1926, 1948, 1951, 1953, 1958, 1961. 1963, 1966, 1961. 1970, 1974, 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. WARNINGUnlicensed 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. expiration as nored below. expiration as noted belowexpiration as noted below, expiration as noted below. expiration as noted below, expiration as noted belowexpiration as noted below. User Document: 2003-035 city of fayetteville water operations.aia -- 4/10/2003. AIA License Number 1000430, which expires on 2/4/2004. 4 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED NA DOCUMENT MAY BE MADE BY USING ALA DOCUMENT 040I. 0 1997 AIA® AIA DOCUMENT 6141 - 1997 STANDARD FORM AGREEMENT The American institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Giwriercjiy. The Architect shall provide prompt written notice to the Owlleresily if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Qweer-ckt of all elements of the Project designed or specified by the Architect. 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Qwfiefciti and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants. the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Qw+lefCitv. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owtierciti a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the €14,s+ecCitv shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. firojec-t-shell eriffeede -tes -Freese -kftert -see 4erefeekee the -Geseef -shaft -refer* from 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 Qwnercity to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2.2. no other license or right shall be deemed granted or implied under this Agreement. The law -Belch shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the OverieFCity shall be permitted to 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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 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. expiration as noted below, expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document: 2003-035 city of fayetteville water operarions.aia -- 4/10/2003. AIA License Number 1000430, which expires on 2/4/2004. 5 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF MS ELECTRONICAU.Y DRAFTED AIA DOCUMENT MAY BE MADE BY USING NA DOCUMENT DOI. 1997 AIA® AIA DOCUMENT 8141- 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue NW. Washington D C 20006-5292 • authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Subparagraph 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The OwlieFCity shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Oweercity obtains the prior IATitten agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the 64,-efierlscity'l sole risk and without liability to the Architect and the Architect's consultants. 1.3.2.4 Prior to the Architect providing to the Qwrtercity anv Instruments of Service in electronic form or the OwileFctly providing to the Architect any electronic data for incorporation into the Instruments of Service, the Ownercity 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. 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Go-w-HeFcati prior to providing such services. If the 64.:fierCity deems that all or a part of such Change in Services is not required, the oaw-44Fcity shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect. Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.4.2 and Paragraph 1.5.5. 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Qw4er.c& that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Cwner.-CAtLnot rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner.1/2 City's schedule or budget, or procurement method; .5 failure of performance on the part of the Giwoecciti or the QweeF:scily_'_$ consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.1. 1.3.4 MEDIATION 1.3.4.1 ?thy cbim, dizputc -ef 4:114ief -"natter -ift -"test-kilt -*wising -eta -of-Of -Fehited 40 4414 Apeemern. -tha44 -be -sithteet -medial-is* -as -a -tthoththai prcccdcnt 40 ar-bilra44444 -a+ -the thra-itthiefi-ei4egai-of-etwithble-f)theeedthts-lzt -either-pafttA-41-swelithiatteP-Felaitasae-oF-is-the 0 1917, 1926, 1948, 1951, 1953, 1958. 1961, 1963, 1966, 1967, 1970, 1974, 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 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. expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below. User Document: 2003-035 city of fayetteville water operations.aia -- 4/10/2003. AIA License Number 1000430. which expires on 2/4/2004. 6 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AM DOCUMENT MAY BE MADE BY USING AM DOCUMENT 0401. • C31997 MAO AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 • • matteFbythtediatiott-or-by-8414-84401+. 1.3.4.2 in -question -between +hem thy-niethetion-WliieliT -knifes& 411e -parties thastselht-agthe-etherwise; shall -be -in -&-oottlattee with -the -GOWARK-44049 44444619f 44e4h144014 -Raies -of -the -Armenian Mehl -be anode -c-eitesthently 4.1te 4thin -of -a -demand -for -arlaithainati -hos -nth-kr-evens 1.3.4.3 The-parties-shall-share4he-Rilt1434-feethith-any-filing -thes-einiallw-Thethiediation 44E4 -be -held -the -pleee -where -the -Pretest 46 4eeetedt unless -*nether -location 46 thastually agreed.-nena-Agreements-thaelte4444-inethatten-shall -be-enfotheableth-settlethent -agreements inthity-esatirt-hasing-tstithlietion-theteef. 1.3.5 ARBITRATION 1.3.5.1 Any -claim; -dispute 41F -etheE -matter -th stsestien -arising out -ef-et -Fehl4t4 40 444 Agreement -shag -be -stilateet -te 'ffei4fat4tHiT 421-143f 442*-m-ba4icakietiir 41th -patties -shell -eRfletlYOF 4e . . 1.3.5.2 Glans; -Fl.istaides and thtliet mattcrc 44+ -question -between -the -patties 44:Bili are not resolved -by-imettiatieithshall-be-deesled -bythdaithatien-awhielthithiess4he-parties-thuteallwagree- otherwise; -shell -be it-areettlethe 44th -Gothic-thanes -PitttWAIV 44144+41440fi aides -ef the in -writing -with 4he -other -pithy 4e 44+15 -Agtheintant and -vonla -the -hinnies* ”terbithation Asseeiatiew 1.3.5.3 A -demand for arbitration -shell -be -made -within -a -reasonable +line -after -the -steins matte -after 44te -date-tehen-instittitieti -of legal-ef -ensisable -prothertings -based -en-suela-elainit 1.3.5.4 N.° -arbitration aricingout -of -et -telatang 4e 44+is Agthenieth 4ththile; -by this snreementr thathept -by-4•4444.11-earthent -containing -a-speeicie-teferets-e4e4hisstigthenient athl -signed -by 4lie -Qathter; sthehiteeti and any -other ter -5434+ -OF -fel+ki.W -seisght. -443 -be -tented. -pethenthr-entity-shalthiet-eenstthite-c-onsent to ethitratien -ef any -slant -distaste -Of -other -141E444 411-Eftle54131+ not -ilesertheil -in 44th -written • to-lay-tharties-te-this-Agreentent-sliell-be-speeifthally-enfetheable-in-theenia+the-ath4+ maplthable This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED NA DOCUMENT MAY BE MADE BY USING NA DOCUMENT MI. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The asc-414e4 and the -Gwolet -waive thethertheinial -damage; -for claijw,thspetes -et -ether minters -Finest-ion -arising out -of -et -Kalman 4e this -Agreerneith -This sinithal -wathet 45 rieeerilarthe-with-Paragratthsa3.8. 0 191/, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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 electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until rhe date of expiration as noted below. expiration as noted below. expiration as noted below, expiration as noted belowexpiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document: 2003-035 city of fayetteville water operations.aia 4/10/2001 AIA License Number 1000430, which expires on 2/4/2004. 7 0 1997 AIA® AIA DOCUMENT 5141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 • • 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the prineipa4-plase-ef-liwsinessof thc - Areltiteeti -iiii4ess -otherwise -preiikies4 44+ -Paragraph tetra State of Arkansas and the junsdiction for any legal action shall be Washington Countv Arkansas. 1.3.7.2 Terms in this Agreement shall have the 4414-Agreemem. their ordinary and customary meaning. 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. in -ne-even4-shall- seell -staki4es 4114:1414401i4-cerimileftee 4e 4tin any 4a444 than 4he -elate -v4len 4hearehkeells seAtices-ace-sttbstefitieliy-eiamnplete4 Any statute of limitation issue shall be governed by_ Arkansas Law. 1.3.7.4 To 41:te -extent -damages are -eememit Jay -pf-OpeFFY -1444W-844C-e airing -C-0115441C-4143041T-the Givnief 4in4 -the at 4.4aime -a44 -rights -against- each -etheF -and -against- the -C-43fahltteffr, 642414044eSr-agems-ao4 -employees -ef-the -ether 4er-tlaniagesT- emeef4-(Alth-Figh44-as4hey-fnay have 4e -the -pfeeeekiS -ef-stieh 4iisufan4e -as -set -forth the 444-iery 44 -444 -Pet:amen+ 4sreetr 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the GienienCity or Architect. 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 1.3.7.7 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 OwnerlsCily's confidential or proprietary information if the Gnaner-city_has previously advised the Architect in iefriting of the specific information considered by the Gnaniercily to be confidential or proprietary. The Gisniercitt shall provide professional credit for the Architect in the laWftericeita promotional materials for the Project. 1.3.7.8 If the coottneFrAty requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least la days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.9 The Gnenercity and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all 0 1917, 1926, 1948, 1951, 1953, 1958, 1961. 1963, 1966, 1967. 1910. 1974. 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 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. expiration as noted below, expiration as noted below, expiration as noted below. expiration as noted below. expiration as noted belowexpiration as noted below. User Document: 2003-035 city of fayetteville water operations.aia -- 4/10/2003. AIA License Number 1000430, which expires on 2/4/2004. 8 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF TFRS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 0 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue NW. Washington, D.C. 20006-5292 covenants of this Agreement. Neither the 04.9ieecilat nor the Architect shall assign this Agreement without the written consent of the other, except that the Glenterc& may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the lawneF:scita rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If the Goomeceitt fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the GwrieFcity. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Gi-wneecily because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.2 If the Project is suspended by the Owireecity for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven dayswritten notice. 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 1.3.8.5 This Agreement may be terminated by the 43.41efCity upon not less than seven days' written notice to the Architect for the Gwilef1/2City's convenience and without cause. 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Subparagraph 1.3.8.7. 1.3.8.7 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. 1.3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 0 1917, 1926. 1948. 1951, 1953, 1958, 1961, 1963, 1966, 1967. 1970, 1974. 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 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, expiration as noted below. expiration as noted below, expiration as noted below, expiration as noted belowexpiration as noted below. expiration as noted below. User Document: 2003-035 city of fayetteville water operations.aia 4/10/2001 AIA License Number 1000430, which expires on 2/4/2004. 9 ••• This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF NEIS ELECTRONICALLY DRAFTED ASA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT CHOI. 0 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington D C 20006-5292 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service: .4 expense of overtime work requiring higher than regular rates if authorized in advance by the 94•44a .5 renderings, models and mock-ups requested by the laweercity; .6 .7 reimbursable expenses as designated in Paragraph 1.5.5; .8 other similar direct Project -related expenditures. 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Oweetc_tti or the Owner'sCities authorized representative at mutually convenient times. 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the lawefercalli and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner -CA and Architect. This Agreement comprises the documents listed below. 1.4.1.1 Standard Form of Agreement Between 044fieffyiti and Architect, AIA Document Bien 1997. 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, MA Document Bi4i-1997, or as follows: (List other documents. i f any, deltheatthg Awhitect's scope of services.) N/A 1.4.1.3 Other documents as follows: (List other documents, limyforntazg pari ofthe Agreement.) N/A 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966. 1967, 1970, 1974, 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 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. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below, expiration as noted below. expiration as noted below. User Document: 2003-035 city of fayetteville water operations.aia -- 4/10/2003. AIA License Number 1000430. which expires on 2/4/2004. 10 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AM DOCUMENT MAY BE MADE BY USING ASA DOCUMENT 0401. 1997 AIA0 AIA DOCUMENT B111 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 • 1.4.2 Special Terms and Conditions. Special terms and conditions Agreement are as follows: • that modify this ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: Buildi g, 115% times_the_construction cost Proqramming & Functional Familiarity Credit = Lump SUMD Contract Amount $246.100.00 - 50.000.00 $196.100.00 Basic Services for eactuthase shall total the following percentages of the total Basic Compensation Payable. Schematic Design Phase Design Development Phase Construction Document Phase Bidding or Negotiation Phase Construction Phase Estimated Reimbursable Expenses: Construction Drawi gs APDroval Fee Record Drawings Reproduction Costs Tom Survey Soils Testing Fifteen percent(15 0%1 Twenty percent(20,0°A.1 Forty percent(40.0%1 Five percent( 50% Twenty percent(20.0%1 30 sets/Plans-Specifications $7.590.00 50Q00 2.500 OQ L50000 22.300.00 7000.00 Changes. modifications or amendments in the scope price. expenses or fees of this contract which could result in City expenditures above the budgetarv authorization require prior City Council approval by resolution and budget adjustment. Cha ges within the budgetarv authorization may be approved by the Mayor. 1.5.2 If the services of the Architect are changed as described in Subparagraph t.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable manner. 0 1917, 1926, 1948. 19S1. 1953, 1958, 1961, 1963. 1966, 1967, 1970, 1974, 1977, 1987, 0 )997 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 dare of expiration as noted belowexpiration as noted below, expiration as noted below, expiration as noted below, expiration as noted belowexpiration as noted below, expiration as noted below, expiration as noted below. User Document. 2003-035 city of fayetteville water operations.aia -- 4/10/2003. AIA License Number 1000430, which expires on 2/4/2004. 11 ••••••••• This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF TMS ELECTRONICALLY DRAFTED NA DOCUMENT MAY BE MADE BY USING NA DOCUMENT 640I, 1997 Alike) AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 (Insert basis of compensation, including rates and multiples &Direct Personnel Erpense for Principals and employees. and identify Principals and classify employees, if required Identifr specific services to which particular methods of compensation apply.) To be negotiated based on nature of authorized cha ge 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one and 10/100 ( 1 10 ) times the amounts billed to the Architect for such services. 1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.535 Reimbursable Expenses, the compensation shall be computed as a multiple of one ( 1.0 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. 1.5.5 Other Reimbursable Expenses, if any, are as follows: None 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment of none Dollars (s 0,00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Q.witerls-Citv's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payable thicty ( Q ) days from the date of the Architect's invoice. Amounts unpaid sixty ( Q ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) (Usury laws and requitement, whirr the Federal Truth in Lending .ict. state and local consumer credit I.ms and other trgulations at the Owner's and Architect's pthicipal places of business. the location of the Project and elsewhere may affect ilte validity of this provision. Specific legal advice should be obtained s•ith Irsixct to deletions or mo(/ifications. and .1150 regarding requirements such as wsitten disclostnrs or waivers.) 1.5.9 If the services covered by this Agreement have not been completed within twenty four ( at ) 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 Paragraph 1.5.2. This A merit enter a ty nto as o the day and year first written above Ott of V a ettevu - attire) ARCHITECT (51 Jturd 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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 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, expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below, expiration as noted below. expiration as noted below. User Document: 2003-035 city of fayetteville water operations.aia -- 4/10/2003. AIA License Number 1000430, which expires on 2/4/2004. 12 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF TICS ELECTRONICALLY DRAFTED AM DOCUMENT MAY BE MADE BY USING NA DOCUMENT 0401. 0 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 • Dan Ma ri name at ut este '14/1 404 c Attest: act.44.6_, fir,j Sondra Smith, City ) lerk • Charles J. Pentx, President (Printed name and tale) 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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 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, expiration as noted below, expiration as noted below, expiration as noted below. expiration as noted below, expiration as noted below. expiration as noted below. User Document: 2003-035 city of fayetteville water operations.aia 4/10/2003. AIA License Number 1000430, which expires on 2/4/2004. 13 flits document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. 0 1997 AIA® AIA DOCUMENT 11141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue NW, Washington D C 20006-5292 • • 1997 Edition - Electronic Format AIA Document B141 - 1997 Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 SUPPORTING SERVICES 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Qwfiercity, research applicable design criteria, attend Project meetings. communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner-city_and the QweeccitY5's consultants. 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required of the OwneFaty, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. 2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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 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, expiration as noted below, expiration as noted below, expiration as noted belowexpiration as noted below, expiration as noted below, expiration as noted below. User Document: 2003-035 city of fayetteville water operations.aia -- 4/10/2003. AIA License Number 1000430, which expires on 2/4/2004. 14 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AM DOCUMENT MAY BE MADE 811 USING AIA DOCUMENT 0401. 0 1997 AIMED AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 2.1.4 Upon request of the ()weer:cite, the Architect shall make a presentation to explain the design of the Project to representatives of the Cle.R4ercite. 2.1.5 The Architect shall submit design documents to the Qweefcity at intervals appropriate to the design process for purposes of evaluation and approval by the Oweefcite. The Architect shall be entitled to rely on approvals received from the GmtileFeitv in the further development of the design. 2.1.6 The Architect shall assist the 61wiserceity in connection with the Owner's responsibility, for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.1.7 EVALUATION OF BUDGET AND COST OF 71-1E WORK 2.1.7.1 When the Project requirements have been sufficiently identified, Lite Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the &weeCity of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the Oveler/sCity'5 budget, the Architect shall make appropriate recommendations to the gwrieFCAy to adjust the Project's size, quality or budget, and the GweeFCity shall cooperate with the Architect in making such adjustments. 2.1.7.2 Evaluations of the QweerlsCity'5 budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the gwileicity has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the 03/444eAcitY15 budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Qweerlscitis budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Qmeeccite and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Q4.4449City the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the 64•41eFcitY shall: .1 give vaitten approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; 1917, 1926. 1948. 1951. 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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 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, expiration as noted below, expiration as noted below. expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below. User Document: 2003-035 city of fayetteville water operations.aia -- 4/10/2003. AIA license Number 1000430, which expires on 2/4/2004. 15 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF rtas ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. 0 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 ga. .3 terminate in accordance with Subparagraph 1.3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. 2.1.7.6 If the GwrieFLtyi chooses to proceed under Clause 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Paragraph 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES 2.2i Unless specifically designated in Paragraph 2.8.3, the services in this Article 2.2 shall be provided by the Owner:CA/ or the GwoeFls-Citaconsultants and contractors. 2.2.1.1 The Owner shall furnish a program setting forth the Ow4trAcati.:5 objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. 2.2.1.2 The OwaerCitv shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 2.2.1.3 The Owner -City shall furnish services of geotechnical engineers which may include but are not !United to test borings, 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. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the tawtteF -City under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Ow -ma_ of any other information or consultant services that may be reasonably needed for the Project. 2.3.2 The Architect shall provide a preliminary evaluation of the Qw4lerIsCily's site for the Project based on the information provided by the Qweeicity of site conditions, and the Owoerlscityis program, schedule and budget for the Cost of the Work. 2.3.3 The Architect shall review the ew4jeF:scity',5 proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES 0 191/, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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 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. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below, expiration as noted below. expiration as noted below. User Document: 2003-035 city of fayetteville water operations.aia 4/10/2001 MA License Number 1000430, which expires on 2/4/2004. 16 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF TMS ELECTRONICALLY DRAFTED AM DOCUMENT MAY BE MADE BY USING MA DOCUMENT 0401. 1997 AIA® AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. 2.4.2 SCHEMATIC DESIGN DOCUMENTS 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary budding plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 2.4.3 DESIGN DEVELOPMENT DOCUMENTS 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, tvpical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. 2.4.4 CONSTRUCTION DOCUMENTS 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the olfvnecciti in the development and preparation of: 0) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the 04.94eFfsity and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.5.1 The Architect shall assist the OwnerCity in obtaining either competitive bids or negotiated proposals and shall assist the OwnerCity in awarding and preparing contracts for construction. 2.5.2 The Architect shall assist the gwitercity in establishing a list of prospective bidders or contractors. 2.5.3 The Architect shall assist the (awileicity in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Qw.neFcity, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. 2.5.4 COMPETITIVE BIDDING 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. 0 1917, 1926, 1948, 1951, 1953. 1958. 1961, 1963. 1966. 1967. 19/0, 1974. 1977. 1981, 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 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. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document. 2003-035 city of fayetteville water operations.aia -- 4/10/2003. AIA License Number 1000430, which expires on 2/4/2(304. 17 This document has important legal consequences. Comultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRATTED AlA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT DWI. 0 1997 AIME/ AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20036-5292 2.5.4.2 If requested by the Owneefity, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The GimtneiCity shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. 2.5.4.3 If requested by the Givotiefaty, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon coinpletion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. 2.5.4.5 The Architect shall participate in or, at the lawrier.:scity25 direction, shall organize and conduct a pre-bid conference for prospective bidders. 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents w all prospective bidders in the form of addenda. 2.5.4.7 The Architect shall participate in or, at the 04.2iiteFICiTY5 direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the oawiteccity. 2.5.5 NEGOTIATED PROPOSALS 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. 2.5.5.2 If requested by the gmLiK•Fr.,A the Architect shall arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors. The CA.Iftefeyiti shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. 2.5.5.3 If requested by the lawneFTG42 the Architect shall organize and participate in selection interviews with prospective contractors. 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. 2.5.5.5 If requested by the 044fleict the Architect shall assist the owilercity during negotiations with prospective contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the lawnercaty. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES 2.6.1 GENERAL ADMINISTRATION 2.6.1.1 The Architect shall provide administration of the Contract between the Owriefciti and the Contractor as set forth below and in the edition of Al, Document Ant, General Conditions of the Contract for Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 19/0, 1914, 1977. 98, 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 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 belowexpiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below. expiration as noted below, expiration as noted below, expiration as noted below. User Document: 2003-035 city of fayetteville water operations.aia -- 4/10/2003. AIA License Number 1000430, which expires on 2/4/2004. 18 Thu document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AM DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 0 1997 AIA® AIA DOCUMENT I1141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue NW, Washington, D.C. 20006-5292 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. 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Gwr+erCity of the final Cenificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Paragraph 2.8.2 when Contract Administration Services extend 6.0 days after the date of Substantial Completion of the Work. 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the QwfierCity during the provision of the Contract Administration Services. The Architect shall have authority to act on behalf of the Q-soneFcity only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted, modified or extended without written agreement of the Owneccity and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's City's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. 2.6.1.7 The Architect shall interpret and decide matters concerning perfortnance of the ewoeFCity and Contractor under, and requirements of, the Contract Documents on written request of either the lawnerCity or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both-Owea and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the QM`ReFcitt 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, 2.6.2 EVALUATIONS OF THE WORK 2.6.2.1 The Architect, as a representative of the lawnereAty, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the 04.‘nerCi1y and the Architect in Article 2.8. (0 to become generally familiar with and to keep the OwnecCity informed about the progress and quality of the portion of the Work completed, 0 1917, 1926, 1948, 1951, 1953, 1958, 1961. 1963, 1966, 1967, 1970, 1974, 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 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. expiration as noted below. expiration as noted below. expiration as noted below, expiration as noted below. expiration as noted belowexpiration as noted below. User Document: 2003-035 city of fayetteville water operations.aia -- 4/10/2001 AIA License Number 1000430, which expires on 2/4/2004. 19 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THS ELECTRONICALLY DRAFTED /VA DOCUMENT MAY RE MADE BY USING AIA DOCUMENT 040I. D1997 AIMS AIA DOCUMENT B141- 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292