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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 (2) to endeavor to guard the QwneFQb against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.2.2 The Architect shall report to the QwweF"i known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be This document has important legal responsible for the Architect's negligent acts or omissions, but shall not have control over or consequences. Consultation with an charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, attorney is encouraged with respect to or their agents or employees, or of any other persons or entities performing portions of the its completion or modification. Work. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or AIA DOCUMENT D401. progress. 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the QwnetCj shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.2.5 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 will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owsei: i (, based on the Architect's evaluation of the Work as provided in Paragraph 2.6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (i) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations front the , Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. ® 1997 AIA® 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the AIA DOCUMENT 8141 - 1997 Architect has (t) made exhaustive or continuous on -site inspections to check the quality or STANDARD FORM AGREEMENT quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or The American Institute of Architects procedures, (3) reviewed copies of requisitions received from Subcontractors and material 1735 New York Avenue N.W. suppliers and other data requested by the OwnerCitv to substantiate the Contractor's right to Washington, D.C. 20006.5297 O 1917, 1926, 1948, 1951. 1953. 1958, 1961, 1963, 1966, 1967, 1970. 1974, t977, 1987, O 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.5copyright 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. 20 payment, or (q) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. 2.6.4 SUBMITTALS 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the 9wne*Ci►y, Contractor or separate contractors, while allowing sufficient time in the Architect's professional This document has important legal judgment to permit adequate review. Review of such submittals is not conducted for the consequences. Consultation with an purpose of determining the accuracy and completeness of other details such as dimensions and attorney is encouraged with respect to quantities, or for substantiating instructions for installation or performance of equipment or its completion or modification, systems, all of which remain the responsibility of the Contractor as required by the Contract AUTHENTICATION OF TFBS Documents. The Architect's review shall not constitute approval of safety precautions or, unless ELECTRONICALLY DRAFTED AIA otherwise specifically stated by the Architect, of any construction means, methods, techniques, DOCUMENT MAY BE MADE BY USING sequences or procedures. The Architect's approval of a specific item shall not indicate approval AIA DOCUMENT 0401. of an assembly of which the item is a component. 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.5 CHANGES IN THE WORK 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the 9wHefsCity approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary. the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Paragraph 2.8.2. 2.6.5.2 The Architect shall review properly prepared, timely requests by the 6wnecCj or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the © 1997 AIA® Architect determines that requested changes in the Work are not materially different from the AIA DOCUMENT B141-1997 requirements of the Contract Documents, the Architect may issue an order for a minor change STANDARD FORM AGREEMENT in the Work or recommend to the 9w»ercjsy that the requested change be denied. The American Institute of Architects 2.6.5.3 If the Architect determines that implementation of the requested changes would 1735 New York Avenue N.W. result in a material change to the Contract that may cause an adjustment in the Contract Time Washington, D.C. 20006.5292 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 4, 1977 1907, 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. 21 or Contract Sum, the Architect shall make a recommendation to the OwiiecCily, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owfie44Citvi5 approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the OwHsetsGjty execution or negotiation with the Contractor. 2.6.5.4 The Architect shall maintain records relative to changes in the Work 2.6.6 PROJECT COMPLETION 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial This document has important legal Completion and the date of final completion, shall receive from the Contractor and forward to consequences. Consultation with an the Qwnet-Gity, for the Qwne4Citv review and records, written warranties and related attorney is encouraged with respect to documents required by the Contract Documents and assembled by the Contractor, and shall its completion or modification. issue a final Certificate for Payment based upon a final inspection indicating the Work AUTHENTICATION OF THIS complies with the requirements of the Contract Documents. ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING 2.6.6.2 The Architect's inspection shall be conducted with the OwnecsGIityi Designated A/A DOCUMENT D4D1. Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the QwnecCily about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. 2.6.6.4 The Architect shall receive from the Contractor and forward to the QwneFQ : (I) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the OwneCjty against liens. ARTICLE 2.7 FACILITY OPERATION SERVICES 2.7.1 The Architect shall meet with the Owne+Cb( or the QwHeACItvis Designated Representative promptly after Substantial Completion to review the need for facility operation services. 2.7.2 Upon request of the OwnetCity, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the OwnecCji( and the Owner &City's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the OwnerQly. ARTICLE 2.8 SCHEDULE OF SERVICES �':�■ �� 2.8.1 Design and Contract Administration Services beyond the following limits shall be ______ provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: .1 up to Two ( Z ) reviews of each Shop Drawing, Product Data item, sample and ® 1997 AIA® similar submittal of the Contractor. AIA DOCUMENT B141 - 1997 .2 up to Thirty Six ( M ) visits to the site by the Architect over the duration of the STANDARD FORM AGREEMENT Project during construction. The American Institute of Architects .3 up to Two ( 2 ) inspections for any portion of the Work to determine whether 1735 New York Avenue N.W. such portion of the Work is substantially complete in accordance with the Washington. D.C. 20006-5292 requirements of the Contract Documents. O 1917. 1926. 1948. 4, 1977. y 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 -- 4/10/2003. AIA License Number 1000430, which expires on 2/4/2004. iii .4 up to Two ( 2 ) inspections for any portion of the Work to determine final completion. 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other OwHefCj�(-provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; This document has important legal .3 Change Orders and Construction Change Directives requiring evaluation of consequences. Consultation with an proposals, including the preparation or revision of Instruments of Service; attorney is encouraged with respect to .4 providing consultation concerning replacement of Work resulting from fire or its completion or modification. other cause during construction; AUTHENTICATION OF TOS .5 evaluation of an extensive number of claims submitted by the Qw.tecCityi ELECTRONICALLY DRAFTED AIA consultants, the Contractor or others in connection with the Work; DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. .6 evaluation of substitutions proposed by the 9wHed5C(y consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests proposed by the 9swtefCjly; or .8 Contract Administration Services provided 6o days after the date of Substantial Completion of the Work. 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility Location of Service (Atehihrt. OwnrrorVoi Proniln/) Description .1 Programming ect Architect .2 Land Survey Services N/A .3 Geotechnical Services N/A .4 Space Schematics/Flow Diagrams Architect .5 Existing Facilities Surveys N/A .6 Economic Feasibility Studies Not Provided .7 Site Analysis and Selection Architect _ .8 Environmental Studies and Not Provided Reports .9 9wsteF i(y-Supplied Data N/A Coordination .to Schedule Development and Not Provided Monitoring .i1 Civil Design Architect ® 1997 AIA® .12 Landscape Design Architect AIA DOCUMENT 8141. 1997 .13 Interior Design Additional Services STANDARD FORM AGREEMENT .14 Special Bidding or Negotiation City The American Institute of Architects .15 Value Analysis Not Provided 1735 New York Avenue N.W. .16 Detailed Cost Estimating Not Provided Washington, D.C. 20006-5292 .17 On -Site Project Representation Not Provided C 1917, 1926. 1948, 1951, 1953, 1958. 1961, 1963, 1966. 1967. 1970, 1974, 1977. 1987, C 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject 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 -- 4/1012003. AIA License Number 1000430, which expires on 2/412004. 23 C .18 Construction Management Not Provided .19 Start-up Assistance Not Provided .2o Record Drawings Architect .21 Post -Contract Evaluation Not Provided .22 Tenant -Related Services Not Provided .23 .24 .25 Description of Services. ((nsen descnptions ofthe services derignuted ) ARTICLE 2.9 MODIFICATIONS 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: V. • - -• • 1 •11• - _ By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Qw*te+Ci1y and Architect, AIA Document B141-1997, that was entered into by the parties as of the date: Aoril 15. 2003 r 1997 y 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 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. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY GRAFTED A/A 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 24 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification AUTHENTICATION OF TENS 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 C 1917, 926, 1948, 1951, 1953, 1958. 961, 1963, 1966. 1967. 1970, 1974, 1917 1997, t 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 27472004. 25 NAME OF FILE: Resolution No. 57-03 CROSS REFERENCE: Item # Date Document 1 04/15/03 Res. 57-03 w/Ex. A 2 04/01/03 Staff Review Form w/attachments memo to City Council copy of agreement 3 04/23/03 memo to Greg Boettcher NOTES: FAYETTEtILLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Greg Boettcher Water and Wastewater Director FROM: Sondra Smith City Clerk DATE: 04/23/03 SUBJECT: Resolution 57-03 FILE COPY Attached is a copy of Resolution No. 57-03 approving 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. All but one of the original contracts has already been returned to you. The original resolution and one original contract will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Auditor W STAFF REVIEW FORM AGENDA REQUEST XCONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: FROM: Greg Boettcher Name Water & Wastewater Division 0 15, 2003 Water/Wastewater/Meter Operations ACTION REQUIRED: A resolution approving a contract with Cromwell Architects Engineers, Inc. in the amount of $237,490.00, a 9.5% contingency of $22,510.00 for a total budget authorization of $260,000.00. Contract addresses architectural design, cgonskwcttin' and additonal services to construct Water and Wastewater Operations Center at South Industrial Park. C cwsf-Yi4 /art. COST TO CITY: $260,000.00 Cost of this request 2,051,013.00 Water & Wastewater Op's Center Program Category / Project Name 5400.5600.5314.00 $ 64,311.00 Water & Wastewater Operations Account Number Funds Used to Date Program / Project Category Name 98076 Project Number $ 1,986,702.00 Remaining Balance BUDGET REVIEW: x Budgeted Item r - — U / 3 Budget Mana r Date CONTRACT/GRANT/LEASE REVIEW: Accounting Manager Date City Attorney Date STAFF RECOMMENDATION: -A3 Divis iro Head Date Depa ent Director Date -O3 finance & Internal Services Dir. Date -I-03 Chie iinistrat ive Officer Daxe, Mayor Date Water & Sewer Fund Name Budget Adjustment Attached Ui• ti .l1.J1ltJ �'wR M.a —�-� aQAM Internal Auditor Date Purchasing Manager New Item: Yes Previous Ord/Res#: Orig. Contract Date Orig. Contract Number Is Date • Staff Review Form - Page 2 0 Description Meeting Date Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator Reference Comments: I FA YETTEVILLE TI/if CITY OF FA YETTEVILLE, ARKANSAS WATER AND WASTEWATER DIVISION DEPARTMENTAL CORRESPONDENCE TO: FAYETTEVII,LE CITY COUNCIL TIIRU: Dan Coody, Mayor of Fayetteville Hugh Earnest FROM: Greg Boettcher, P.E. OdAw Water & Wastewater Director DATE: April 1, 2003 RE: Water and Wastewater Operations Center Architectural Services Contract Cromwell Architects Engineers, Inc. BACKGROUND During fiscal year 2002 the Fayetteville Water and Sewer Committee was given a report on the new Water and Wastewater Operations Center, noting the need for the prompt completion of this 1998 capital improvement project. Project delays arc attributed to a multitude of ractors, including changes in project direction, shifting work priorities, erratic project flow and mounting budgetary concerns. These conditions impeded decision making and thwarted progress. Members of the Water and Sewer Committee were informed that this project was a top priority for the coming fiscal year with the necessary actions to be brought forth to City Council for consideration. DISCUSSION Using a critical analysis of this capital improvement project the entire project basis was re-evaluated. This analysis confirmed the justifications for the planned construction, as the present condition of the buildings and site render them unsuitable for municipal operations. A steering committee was formed to evaluate site needs, site options and to define a project location. A site ranking determined a 61 -acre tract in the South Industrial Park to be the: preferred location. Such decision included consideration of logistics, abutting land uses, infrastructure adequacy, long-term needs, and accessibility. Key actions to initiate this strategic plan include: Water and Wastewater Fund to acquire interests in the 61 -acre tract to allow obligation by utility enterprise ♦ Architectural services agreement to be negotiated for design and construction phase services associated with the Project ♦ Supplemental budget appropriations to be planned to fully fund the construction of the new Water and Wastewater Operations Center once cost predictions are available ♦ Project implementations plan to consider approaches that minimize completion times due to the urgency of the need RECOMMENDATIONS The construction of the Water and Wastewater Operations Center is aligned with the Guiding Principles for Fayetteville Vision 2020, as listed below: ♦ Well -Maintained City Infrastructure and Facilities To provide a proper facility for the City of Fayetteville's Water and Wastewater Operations, it is recommended that the Fayetteville City Council approve a professional services contract with Cromwell Architects Engineers, Inc. in the amount of $237,490.00 and a budget contingency in the amount of S22,590.00. The use of the Architect of Record for this project provides advantages of familiarity, economy, and expediency. ,a1997 Edition - Electronic Format AIA Document B141 - 1997 Standard Form of Agreement Between Owner and Architect with Standard Form ofArchitect's Services US doamwrx hw tnpmrtatt kg4 conpMSm camhation withal TABLE OF ARTICLES strorne, b ellmnlraged wdh respec! to imm.pbananc fkmtkn Al! If? OF Tl6 1.1 INITIAL INFORMATION EU:CTRQ' CALLY Ot1AETEDAMA DOCUMENT MAY eE M40E BY I.BMG 1.2 RESPONSIBILITIES OF THE PARTIES NADOCUMfNT DWI. 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION .. .. ...� .. .. .... . ... . . -1 • 1 identified 1. • .1\ .* .I1 1! 1111 PYY14•11 - • L• 1 e 1 - b. :.l..4. I . o 1917. 1926. N4L 1951. 953. 1958. 1961, 19b3 1%t. 1967. 1970, 1974. 15FF, 1987. 0 1997 by Tin A,n.dkan Institute of Architects. Reproduction of the material herein or substsntW 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 US. copyright taws and will subject the vitiator to legal prosecution. This document was elecnonkally produced with permission of the AlA and can be reproduced in accedence with your license without violation until the date of expiration as noted below. expiration as noted below. expiraton as noted below, expiration as noted below, expiration as noted below. User Doc rent: 2003-03S city of fayeteville water operational. — MU2003. AIA License Number MOD4306 which expires on 2IVIODs. O 1997 AIA® AlA DOCUMENT 1141- 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washlrgton, D.C. 200065292 hii'U1 1•-..r 1' 1 , iii F. Iir.'.T:II .0 liii1 .,�� MS • •,_ nil I9 11111._= :t. I &'i']. ,::I II o R_fl 1=1. /KI= --1• IF. {aL C -l= eL4t51•,1- -1l' modification. . I r. •. �• \.. / I / II 1./ .r11. I I1 ul.. Iy r. .-,,j,,.11/•r LIF •tS•r=-11 .f:. •,c ' •.•.d' IP11 ter �i1F on y{e • ,1=:15iftec -1'=1 - • G :. = • \=• :11: 1 .:n Y / • r. m m I n/• I I .. r. rzff ,;.'7i771.tj. \ a RW!S1 1 I 1 ♦• 1 11 : : •1 1 1 1• 1 • I•, 1 \ •, Ifl eo•I ._ F. 1;1 1,1,1 1,1 u • 1 • 1. _• .11 • I . • , •.. • • 1 • .• r 1 • 1 Iv;1r1'' r LL• 11 d l ' 1 . 1! l=.• \ 1 =11 1 = 1.1.2.6 The time parameters art. (ldenti&, /fapppopdatc mLiwaoedaft oliesomaorfad aahxbadlidow) N/8 a 1.1.2.7 The proposed procurement or delivery method for the Project is: (ldeoifffnetbodarb oromped.a.mbid rregm/aled connu4 Or conwultimfwngmxnt) To be determined at a later date. C 1997 AtAO ALA DOCUMENT B141-1997 1.1.2.8 Otber parameers err STANDARD FORM AGREEMENT (/dwo* speoa/ nhaacrC1100 a desalt Of the PrR ecf suL n eoertd. enrirrxuOmld w biaaric pextrratim The American Institute of Architects —a)1735 New York Avenue N.W. WA Washington, D.C 20006-5292 1.1.3 PROJECT TEAM 1.1.3.1 Representative i& alt: name. adbeoand otberhi) saarirm.) American C 1917. 1926w 1948. 1951, 1953, 1958, 7961. 1963 1966. 1961. 1910. 1974, 1977, 1987. O 1991 by The 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 rated below, expiration as rated below, expiration as noted below, expiration as noted below, expiration. as noted below. User Document•. 2003-035 city of fayetteville water operatlons.ala — 4/112003. AIA License Number 1000430• which expires on 2/4/2004. 1 ii1 v l U I I - I I 1.1 1 • .I I 1 _.• y l .1 ' I - J I 1•• .• 1 1 1 r 1 - I 1 1 .I \ 7 • 1 1 nd a ll ' '.-1 • • I. 1 • I1 -I 1 • 1 11 iiji•I. ♦I I. r.I Ir • III 1 1 , • 1 .I • 1 ♦. I 'I, . .if I9l• Ir •J- f 1 : 1 • ell L. 1 • - 1 1• 1 1r'rz I• •- - '• ;. ; . X11- Lift • •I I' • III' Iif.1•• •.. •• 1 1 1 1 11 •1 1 •1 _ 1 i�;• n• 1 1 1 I 1 I •' • • 1 •1 • 1• • Document I + • 1 • • 1Agreement.1 1 II'1 1 11 1, 11 •1 1 1 11 •reasonably •♦ •11 1 1 F-' \ - 1 1 1 1 L 11 1 r 1 • 11 1 1 111 i• 1•- 1 1' 1• 1 1• 11 11 11.,- 1 1 1 1 1 L 1\ - 1• 1 1 1 -p •1 •I 1will. 1 1 1.1 •.,1 1 - •11 11 `I I; + 1 1 1 1• 1 •.'1 1.1 ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The f and the Architect shall cooperate with one another to full their respective obligations under this Agreement. Both panics shall endeavor to maintain good working relationships among all members of the Project team. • 1,•W -X•1' .t provided 1 • . 'r 11 1 1. • l 1' • 1 .• I • r • . r • •1 1 r._ r •� •. rl 1lhi .and 1• . 1. • , r. r •. ii •. 111 1 • 1 • • • 1 • 1 1 •' .•_ • • 1 .• _ • • u - . • 1 1 • • - • • • • • • • 1 • .L — •I: rl ' rijyjr rn •• • • • 1 •s • • •. 1 �- I1 • I • x'11 1 -1 • 1 • _ • • 1 r• •• • P • r.' •• .• •. • •n • 1 •• •• b • 1 • • _ r • • • 1.' 1 1 1 1 ]__ I "U •' • a r • zI• r r 1 • •' III 11 • 1• 1 _ • r b 1 • • •. • 11 r •. •_•.thmfl ❑ a. r _r 1 1 1 • 1 r. r• .• 1 1 r• 1 _+ 1 • I . 5.• liij • • • r r •' u I''• • r • • _ r r r • • , • • 1 + • • r • 1 • r + 1 • • • •'I _ • 1•1 •I_ Institute of Architects. Reproduction of the material herein a substantial quotation of its provisions without written permission of the ALA violates the copyright laws of the United States and will sublsct 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 aspiration as noted below. aspiration as noted below, expiration as noted below, expiration as noted below. expiration as noted below. User Document: 2003035 city of fayenaville water operatlons.ala — V/2003. ALA License Number 10001* which expires on 2/412004. 1.2.2.4 The owneiCity shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the Architect to furnish them asaCChane is Project. such services are requested by the Architect and are reasonably required by scope f t 1.2.2.5 Unless otherwise provided in this Agreement, the Gwee*QIty shall famish teats, 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 Awee*Qlly 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 Awaisgso a needs and interests. 1.2.2.7 The-Qww9 f shall provide prompt written notice to the Architect if the owneCity 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 Article 1.4 1.2.3.2 The Architect's services shall be performedexpeditiously as Architectashall consistent with for professional skill and care and the orderly progress fo the P1 Tio the 9wnes'eQW lfil'i approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Subparagraph ia.a.6 and which shall be adjusted, if necessary. as the Project proceeds This schedule shall include allowances for periods of time required for the QeeCilA review, for the performance of the 9weeA.QW consultants, and for approval of submissions by authorities having jurisdiction over the Project Time limits established by this schedule approved by the AwweiClbt shall not, except for reasonable cause, be exceeded by the Architect or Awnevidtlf. 1.2.3.3 The Architect's Designated Representative identified in Paragraph u3 shall be authorized to ad 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 GwaerQjI(, unless withholding such information would violate the law, create the risk of significant barn to the public or prevent the Architect from establishing a claim 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 1.2.3.5 Except with the n&CiW6 knowledge and consent, the Architect shell not engage in any activity, or accept any employment, interest or contribution thatreasonably to this Project. to compromise the Architect's professional judgment with respect 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 AwM1r&• The Architect shall provide prompt written er institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the ALA violates the copyright laws of the United States and will subject the violator to legal prosecution. ep. WARNING:This documenphotocopying wa electro electronically produced wviolates U.S. �ithgpermissl of the ALAt laws and will ject a violator legal prosecution. AU 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. User Document 2003.035 city of fayetteville water operatlons.ala — 4(112003. ALA License Number 1000430. which expires on 2/412004. A _ 1114 II dii ..BIiwt k'! 'S L,. , ,, It 01997 AIA® ALA DOCUMENT B141-1947 STANDARD FORM AGREEMENT The American institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 0 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 owes( 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 famished by the AwaaQ14C 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 msombk 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 ... . ,. 1. . .4t'A . 1... ..., 1.,..: •. _.... si . 1 • I1 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 solly with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owner of their respective lnclmments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. •1•u' .1r ,r u • 1 1 1 ' • • 1.• 1 1 - •.N 1 •u1 1 rl .• • 1• , • 'l r': u. 1 • 1,1 1 61 '1 nl-1 1 1• 1 1 • 1 •1.?' . 1 1 1 • 1 •• 1 1. • 1 1 1- • • 1 1 1 • • n 1 • • •••III n 1 . 1 1' 11 r 1 , u . r•. -- I1 '1 1 • 1 •.n rl 1- .. • •• • • • rl , • . n• • 1 • 1 r 1 iL..1 • r I .y • •r rLl 1 • 1 1 • hh.• r'-• • 1 • r• . 1 -rail ,l 1 • • 1.' • 1 1 • •. IP.• . 11 .1 1 . • �. . . 1 • '0 1 � •,1 . a 1.• 1 • 11 • I •n a • I - 11 • • • 1 .. 'r: .'1 . l 1 'J•1 IIIII • •. • N •. .. 11 1-1 I • • • 1 1.' • • • •. •1 . 1 1 • 111 ,1 . .. .• . . ..: - • •. 1.3.2.3 Except for the licenses granted in Subparagraph r•3n-x. no other license or right shall be deemed granted or implied under this Agreement. The owned jAf 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 owmecGily shall be permitted to authorize the Contractor. Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable positions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Subparagraph L3:i 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 publiation in derogation of the reserved rights of the Architect and the Architect's consultants. The Owasi' shall not use the Instruments of Service for future additions or alterations to this Project or for other 0 1917. 1926. 1348, 1951. ins, l9. 1961, 1963, 1966. 1967. 1970, 1974, 1977, 1957, 0 1997 by The Aunrka'i Institute of Architects. Reproduction of the material herein or substantial quotation of Its provisions without written permission of the ALA violates the copyright laws of the United States and will subject the vloWor 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 AlA 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. User Document. 2003035 city of fayettavllle water operations.ala — YV2003. AIA License Number 1000430. which expkes on V4/24. ' 'r I ii lull I irtsc O 1941 AIAO ALA DOCUMENT 0141- 1947 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New Yak Avenue N.W. Washi glom, D.C. 200065292 projects, unless the Ownettr.(bt obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the AwnSClf sole risk and without liability to the Architect and the Architect's consultants. 1.3.2.4 Prior to the Architect providing to the OwnetQitX any Instruments of Service in electronic form or the AwferQjtt providing to the Architect any electronic data for incorporation into the Instruments of Service, the owciecCjly 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 33a. In the absence of mutual agreement in writing, the Architect shall notify the Owneerlly prior to providing such services. lithe AweeCity deems that all or a part of such Change in Services is not required, the owversil1Y 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 L3.9.2 and Paragraph LSS 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 ovjbt 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 QwnecQt3Lflot rendered in a timely manner, .4 significant change in the Project including, but not limited to, size, quality, complexity, the ownee'e v„- ElQschedule or budget. or procurement method; .5 failure of performance on the part of the OweeCit3t or the Qmmeize consultants or contractors .6 preparation for and attendance at a public heating a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto .7 change in the information contained in Article LL 1.3.4 MEDIATION 1.3.4.1 Anytr-1 -eat-ef�a-relet ie4`6- ent 4e arbittatien -ee 4he - O 1917, 19Th. 1948. 1951, 1953. 1958. 1961, 1953, 1966. 1967, 1970, 1974, 1977. 1987, 0 1991 by TM An,c. han 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. User Document: 2003035 city of fayetteville water operatlons.ala — 4/1/2003. AIA License Number 1000430, which expires on 2/4/2004. fr .!I41t9!St. 4L•M Iii S. 01997 AIA® AlA DOCUMENT 5141 - 1997 STANDARD FORM AGREEMENT 1.35 ARBITRATION 1.3.5.1 Any sr-dkpw%.- ether-aM&er-in -queetiee -out -of-.,meted40.16ia- . .. 1.3.5.2 Gisi®ar-4ispuM°.nd-ethic xwueni-4e-queetiae-Sweet -the -pseliea4M - -ae!- in 4.IMfl 4Eth Asses no 1.3.5.3 A d -he iuNion ll-beede+vithiw4iweetM tima-.A e-4i'€Ws.- 1-3-5.4 Me .ntii4n iee .1isint -eut -of .e -relet ng -to -.Me-Aeeam. M 4" anSIrde, -by - 1.3.5.5 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the oweeof& waive consequential damages for claims, disputes or otba matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either partjs termination in accordance with Paragnpb L3.t 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect. unless otherwise provided in Pangrspb r.4.a. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A3or. General Conditions oldie Contract for Construction, current as oldie date of this Agreement O 1917. t926. 1948, 1951. 1953 195S, 1961, 1963. 196L 1967. 19m. 1974 1977. 1957. 0 1997 by TM Anwican Institute of Architects. Reproduction of the material herein or substantial quotation of In 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 US. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the ALA 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. Use Docw nenr. 2003-035 city of Fayetteville water operatlons.ala — VV2003. AIA License Number 10OD430. which expires on 2/4/2004. • .V. x a . . 01997 AIAA ALA DOCUMENT 1341-1991 STANDARD FORM AGREEMENT The Amerkat institute of Architects T735 New York Avenue N.W. Washingtat% D.C. 20006.5292 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 no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 1.3.7.4 To the extent damages are covered by property insurance during constmdion, the Owner and the Architect waive all rights against nrh other and against the contractors, consultants, agents and employees of the other for gas, except such rights as they may This doormen has? ant/e�aI have to the proceeds of such insurance as set forth in the edition of AIA Document Amt, eon wlrhsu General Conditions of the Contract for Construction, current as of the date of this Agreement with tepid to The AweeC C or the Architect. as appropriate, shall require of the contractors, consultants, itswiey Isenraged ion ormodiftwit agents and employees of any of them similar waivers in favor of the other parties enumerated convAUTHENTICATION0f T/6 herein. ELECTROMCAILY DRAFTED AN DOCUMENT MAY BE MADE ITY USING 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a Atq OOCUMENE f 0407. cause of action in favor of a third party against either the ewaecCl E 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 Qwner½QltXfi confidential or proprietary information if the Awnee-Ql4Lhas previously advised the Architect in writing of the specific information considered by the OwnetQdbf to be confidential or proprietary. The ewaeQlty shall provide professional credit for the Architect in the Awnff!6Q tC;g promotional materials for the Project 1.3.7.8 If the AwweCibt requests the Architect to execute certificates. the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond scope of this Agreement 1.3.7.9 The AwweCity and Architect, respectively, bind themselves, their partners, respect to all partners, successors, assigns and legal representatives of such other party withsuccessors, assigns and legal representatives to the other party to this Agreement and to the —Icovenants of this Agreement Neither the QwDeCity nor the Architect shall assign this � Agreement without the written consent of the other, except that the AwaeQQ W may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the AwMrsQ14CS rights and obligations under this Agreement Theo 1997 AIA® ALA DOCUMENT 8141-1997 Architect shall execute all consents reasonably required to facilitate such assignment STANDARD FORM AGREEMENT 1.3.8 TERMINATION OR SUSPENSION The American Institute of Architects 1.3.8.1 If the AwnscQltJt fails to make payments to the Architect in accordance with this 1735 New York Avenue N.W. Agreement, such failure shell be considered substantial nonperformance and cause for Washington. D.C. 20006-5292 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 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. User Document 2003-035 city of fayetteville water operationsaia — 4/U2003. AIA License Number 1000430, which expires on 2/4/2004. e Architect shall give seven days' written notice to the Q*mesC . In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Own.Ci1y 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 AwwasQ for more thin 3o consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. TMs adenines hit InprtaNkgd 1.3.8.3 if the Project is suspended or the Architect's services are appended for mare then 90 consequencai. Consultation with n consecutive days, the Architect may terminate this Agreement by giving not less than sevenro dayswritten notice. AUTMNTPCArtpy a 176 nECTRawcAttr MRAf Tf 0 AM 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' noczme /MAYeEMADEaYt81VG written notice should the other party fail substantially to perform in accordance with the terms ALA DOC1nMTDCI. of this Agreement through no huh of the party initiating the termination. 1.3.8.5 This Agreement may be terminated by the Gwmwp t upon not less than seven days' written notice to the Architect for the oweaiCltfl 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.&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 tendered 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. 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, n 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 wee the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of 01997 ALAS lntrllmenta of Service, ALA DOCUMENT 1141-1997 .4 expense of overtime work requiring higher than regular rates if authorized in STANDARD FORM AGREEMENT advance by the Owna.Ck The Anrrican Institute of Architects .5 renderings, models and mock-ups requested by the OWMCJIy 1735 New York Avenue N.W. .6 expense of professional liability insurance dedicated exclusively to this Projector Washington, D.C 20035.5292 the expense of additional insurance: coverage or limits requested by the o 1917. 1926, 1948. 1951, 1951, 1951, 1951, 1963, 1966, 1967. 197O, 1974, 1977. 1987, C 1991 by Th. men can tnnitute of Andunects. Reproduction of the martial herein or substantial quotation of In 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 vioishs U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with pumhsion of the ALA 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. equation as noted below, expiration as noted below. User Document 2003035 city of fayetteville water operations.ala — 41/2003. ALA License Number 100043% which expires on 21492004. • • QvmfflQlx in access of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph 1.3.5; .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 AwneiClbt or the Ownei sj4t'6 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 This documen fss importare legd contributions and benefits related thereto, such as employment taxes and other statutory oxssequnxes,Comdtanonwith an employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and attorney is enraged with aspect to similar contributions. its oomptetion or modification AUTRENTICARCNOF THS ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS ELECTRONlCMLY DRAFTED MA 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and RCC ADOCNT MAY BE MADE BY AIA DOCVI44 001. integrated agreement between the Qwnegrdlf 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 9wnecQjty and Architect. This Agreement comprises the documents listed below. 1.4.1.1 Standard Form of Agreement Between QweCIty and Architect, AlA Document Bw-I99f. 1.4.1.2 Standard Form of Architect's Services Design and Contract Administration, AIA Document BW-1141. or as follows (Lin otherdorrmat. (faaf, ddiavt(tgArtddtasssropeofsa *fl ) NIA 1.4.1.3 Other documents as follows (LS orhadoamara ilaay, ArmthvPan ofthe.jgi nn t) N/A 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: WA O 1997 AIA® AIA DOCUMENT 6141- 1997 STANDARD FORM AGREEMENT ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article t4. compensation shag The American institute of Architects be as fOBowE 1735 New York Avenue N.W. computed Washington, D.C. 20006-5292 B tikinne 8-6% times the construction cost = S248.1DD.DD 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. User Document 2003-035 city of fayetteville water operatlons.ala -4(112003. AIA License Number 1000430, which expires on 2/4!2004. 10 rt! • G I 11111. 1!:'! 1 ICI 111 F• I 11 • iii • !1 't: •: 11 !. 1 - . • 1,1 1,1 .� 115 le• ; '1 11 •. F.- •..: •: J "tItr4•. 1UMW __ ____ _______ , .,_.. 4.i.;. I - 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multipleof one and 1 off oo ( ],1Q ) times the amounts billed to the Architect for such services —nr�' ., ,, u,.,,. .- .� ,. u , • ..1 1 u. , ., i .. , , .� „ , . . , . .. . .111 1.5.5 Other Reimburabfe Expena�, hazy, are as follows Institute of Architects. Reproduction of the material herein or substantial quotation otis provisions without written permission of the ALA violates the copyrght 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 ALA and can be reproduced in accordance with yaw license without violation until the date of expiration as noted below, expiration as noted below. ixpiratlon as noted below. expiration as noted below. expiration as noted below. User Document: 2003-035 city of fayetteville water operations.ala — 41112003. AIA License Numbs 100O1fl which expires on 2/412001. p,u.J1i_,4't.eI C 1997 AIAS AIA DOCUMENT 1141- 1997 STANDARD FORM AGREEMENT The An,eri an tmtitute of Architects 1735 New York Avenue N.W. WaibI LM1 D.C. 20006-5292 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 (t 4..44) shall be made upon execution of this Agreement and is the minimum payment under this Agreement it shall be credited to the Oweer'o City's 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 >I>if11f ( Q ) days from the date of the Architect's invoice. Amounts unpaid akt ( *0) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. pamtate olmteea greed upaa ) (Usury laws and requi rments under the federal 7hnh in Le zih Act, similar nate and kcal eauumea alit kin and other regdationr at the Owns} and Arrhitai''a prindpal p/xsv of btednas the location of the inlet and edsewbesr maya/krt the vaMityofthirpuvision. SµnlicA aladvieetbwddbe obtatikd with copal todedeciooror modifications, and abet nganhiw nyuirnnmu sus. err wriam dirimrrer or waist 1.5.9 If the services covered by this Agreement have not been completed within twengl four (24) 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 LS.2. This Agreement entered into as of the day and year first written above. ARCHITECT (Signutmr) Charles J. Penix. President C 1917, 1926. 1948, 1951. 1953. 1958, 1961, 1963, 1966. 1967, 1970, 1974, 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 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 sub)ect 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. User Document: 2003035 city of fayetieville water operatlons.ata —41112003. AIA License Number 1000430, which expires on 2/412004. 12 this document has Important legal wmequen cs. Comultation with an attorney U erxawaged with raped to its completion or mothf anon. AUTIENTICATION OF T Ifs ELECTROMCALLY DRAFTED AIA DOCUMENT MAY BE MADE BY U51NG NA DOCUMENT D/01. S 01997 AIA® AIA DOCUMENT 6141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington. D.C. 20006-5292 1997 Edition - Electronic Format AIA Document B141 - 1997 Standard Form of Architect's Services: Design and Contract Administration lit do cu ent has important legal TABLE OF ARTICLES O0fRqu"`ef'" an attorney S encouraged with respect to its ownpfelion er modfkattan 2.1 PROJECT ADMINISTRATION SERVICES AUrtENftcAnav Of TF6 ELECTRONICALLY DRAFTED ALA 2.2 SUPPORTING SERVICES DOCUMENT MAY BEMAOEgr U9M: AIA DOCUMENT DOI. 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 ewweC0lly, research applicable design alien, 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 ewee.Cjtand the ms'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 data for decisions required of the ow.Cth design services furnished by the Architect, completion of i documentation provided by the Architect, commencement of construction and Substantial Completion of the Wort. O 1997 AIAO AlA DOCUMENT 8141- 1997 2.1.3 The Architect shall consider the value of alternative materials, budding systems and STANDARD FORM AGREEMENT equipment. together with other considerations based on program. budget and aesthetic in The American Institute of Architects developing the design for the Project 1735 New YoSt Avenue N.W. 2.1.4 Upon request of the 6owercCl4f, the Architect shall make a presentation to explain Washington' D.C. 200065292 the design of the Project to representatives of the Q09 llK. O 1917. 1926. 1948. 1951, 1953, 1951, 1961. 1963, 1%6, 1961, 197a 1W4. 1917. NST, 0 1997 by The American Institute of Arhtects. Reproduction of the material herein or substantial quotation of Its provisions without written permission of the AIA violses the copyright laws of the United States and win subject the violator to legal prosecution. WARNING: Unlicensed phsowpying violates U.S. copyright laws rd 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 unto the date of 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 fsyettevllle water operatlons.aia — 41112003. AIA License Number 1000430, which expires on 2/112001. s.3 2.1.5 The Architect shall submit design documents to the AwneCC[bf at intervals appropriate to the design process for purposes of evaluation and approval by the AweetCit)f. The Architect shall be entitled to rely on approvals received from the QweCity in the further development of the design. 2.1.6 The Architect shall assist the Gwmprjjy 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 THE WORK 2.1.7.1 When the Project requirements have been sufficiently identified, the 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 ewnetClty 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 Owee�Citi budget, the Architect shall make appropriate recommendations to the AwseCily to adjust the Project's size, quality or budget. and the owneCitx shall cooperate with the Architect in making such adjustments. pi lii i4'sL 2.1.7.2 Evaluations of the S 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 OwnecClt t 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 $ 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 QwneAQlly& budget for the Cost of the Work If an increase in the Contract Sum occurring after execution of the Contract between the Awne*QIW 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 AwneCi11y, 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 01997 AIA® AIA DOCUMENT 8141-1997 negotiated proposal, the OwiiecQlty shall: STANDARD FORM AGREEMENT .1 give written approval of an increase in the budget for the Cost of the Work authorize rebidding or renegotiating of the Project within a reasonable time; The American Institute of Architects .2 .3 terminate in accordance with Subparagraph t.3or .ts; 1735 New York Avenue N.W. Washington, D.C. 20006.5292 .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work V 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1914. 1977, , V 1997 by The �me, tan 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 taws 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. User Document: 2003-035 city of fayetteville water operatlons.ala — 4(1/2003. AIA License Number 10004fl which expires on 214/2004. 14 2.1.7.6 If the malty chooses to proceed under Clause z.L7.S-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 Wodl. 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 2.2.1 Unless specifically designated in Paragraph s.a3, the services in this Article 2a shall be provided by the AwtaiiQ y or the ewueftyiconndtants and contractors. This doacanew Ins Hrporrant 2.2.1.1 The Owner shall furnish a program setting forth the oQjtyti objectives, oameque Careurso nwl an schedule. constraints and criteria, including space requirements and relationships, special anonbaaaragedWithrerpsvto equipment, systems and site requirements. on mopMsbn or mod/bttJL AUTtENTICAT PON OF TIE 2.2.1.2 The AwaicCRy shall furnish surveys to describe physical chancte'Srs, legal ELECTRONICALLY DRAFTEDAAA limitations and utility locations for the site of the Project, and a written legal description of the DOCUMENT MAY RE MCI aY WC site. The surveys and legal information shall include, as applicable, grades and lines of streets, Art DOCUMENT DOT. 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 toe Project benchmark. 2.2.1.3 The owsser.QcltLshall furnish services of geotechnical engineers which may include but am not limited to test boring, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials. Bound corrosion tests and resistivity testa, 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 famished by the Owner maunder this Agreement. including the Owner's program and schedule requirements and budget for the Cost of the Wort. 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 eweeClt. 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 Owue,eCth2 site for the Project based on the information provided by the ewm aCjbt of site conditions, and the is program. schedule and budget for the Cost of the Work. a 2.3.3The Architect shall review the Awnec sJS1f proposed method of contracting for re3 construction services and shall notify the Owner of anticipated impacts that such method may o !997 AIA6 have on the Owner's program. financial and time requirements, and the scope of the Project. AIA DOCUMENT aul - 1997 ARTICLE 2.4 DESIGN SERVICES STANDARD FORM AGREEMENT 2.4.1 The Architect's design services shall include normal structural, mechanical and The American institute of Architects electrical engineering services. 1735 New York Avenue N.W. Washingtort, D.C. 20006-5292 2.4.2 SCHEMATIC DESIGN DOCUMENTS o 1917. I92 19M. 1951, 1953, 1951 1961, 1963, 1956, 1%7. 19fl 1914, 1977, 1957,0 1997 by Th Asnks Institute of Anhitecrs. Reproduction of the material herein or substantial quotation of is provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright lawns and will subject the violator to legal prosecution. This document was electronically produced with permission of the ALA 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. User Document. 2003035 city of fyetteville water operatiorrala - V142003. AIA License Number 10004fl which expires on 214/2004. 15 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 building plans, sections and elevations. At the option, the Schematic Design Documents may include study models, perspective es c 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 ThlF docvnrnnr has i tm Development Documents shall illustrate and describe the refinement of the design of e consequences Oration an project, establishing the scope, relationships, forms, size and appearance of the Project by attorrW B encouraged with rasped to means of plans, sections and elevations, typical construction details, and uipment layouts. to wniSonornwclficatba The Design Development Documents shall include specifications that identify major materials AUTIEWIurwN OF rtes and systems and establish in general their quality levels. MAY USfA1G 2.4.4 CONSTRUCTION DOCUMENTS AIA DOCUMENT Dpi. 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 or the Project 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the cwaeClty in the development and preparation of. (i) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the OwnetJlp4L and the Contractor, and (2) the Conditions of the Contract potConstructionthe ProjectGeneral, and otherConditio. The Architect and sample forms. and Specifications and may include bidding requirements P ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.5.1 The Architect shall assist the Aweetf in obtaining either competitive contracts for bids or negotiated proposals and shall assist the U in awarding and preparing construction. 2.5.2 The Architect shag assist the Awe City in establishing a list of prospective bidders or contractors. 2.5.3 The Architect shall assist the owne*Cibf in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the owaeCity, the ^_ Architect shall notify all prospective bidders or contractors of the bid or proposal reailts. W i� 2.5.4 COMPETITIVE BIDDING nis proposed fob C 1997 AIAO 2.5.4.1 Bidding Documents shall consist of bidding requireme ALA DOCUMENT 8141-1997 General Conditions and Supplementary Conditions. Specifications and Drawings. STANDARD FORM AGREEMENT 2.the owweCCltX, the Architect shall arrange for procuring the The American Institute of Architects reprodu4.2ction If requested Biddding by 1735 New York Avenue N.W. sshaall��dirMly for the cost of reproductionts for DuornshaB reimburse the Architect for suto prospective biddea The ch Washington* D.C. 20006-5292 pay expenses. G 1911, I9La. 1'W, "3 I, Iva* 17 .1 a..., .---. Institute of Architects. Reproduction of the material herein or substantial quotation of its provIsions without written permission of the ALA 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. User Document 2003-035 city of fayetteville water operations.afa — 4/1/2003. ALA License Number 10004* which expires on 214/2004. 16 0 2.5.4.3 If requested by the Aweer&hy. the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion 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 QwR*94Q 5 direction, shag organize and conduct a pit -bid conference for prospective bidders. 7Hs docvmert has enpartantlypl 25.4.6 The Architect shall prepare prepare responses to questions from prospective bidders and corsegte . Corsultafon with an provide clarifications and interpretations of the Bidding Documents to all prospective bidders amuon h erwo raged with respect te in the form of addenda. Or mnpledori or nodlfkahon AUTIFMICAnai OF DE 2.5.4.7 The Architect shall participate in or, at the QeeZCity3 direction, shall organize and ELECTRQMCALLYDRMTEDAIA conduct the opening of the bids. The Architect shall subsequently document and distribute the DOCUMENT MAY OF MAOL 1Y UAVG bidding results, as directed by the eweeClpL Aa DOCUMENT DC?. 2.5.5 NEGOTIATED PROPOSALS 25.5.1 Proposal Documents shat consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions. Specifications and Drawings. 2.5.5.2 If requested by the owae Chi. the Architect shag arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors. The ew�etClt)t shell pay directly for the cwt of reproduction or shall reimburse the Architect for such expenses. 2.5.5.3 If requested by the Owmet&jty 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 ewBICII1L the Architect shall assist the ownecCity during negotiations with prospective contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the eweeCity. 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 OwnsIC& N w am the Contractor as set forth below and in the edition of ALA Document An General Conditions of the Contract for Construction. curtest as of the date of this Agreement Modifications made to the General Conditions, when adopted as put of the Contract 01997 ALA® Documents, shall be enforceable under this Agreement only to the extent that they are ALA DOCUMENT 6141- 1947 consistent with this Agreement or approved in writing by the Architect. STANDARD FORM AGREEMENT 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under The American Institute of Ard itects this Agreement commences with the award of the initial Contract for Construction and 1735 New York Avenue N.W. terminates at the issuance to the ewnetCity of the final Certificate for Payment. However, the Washbtgton, D.C. 20006-5292 Architect shall be entitled to a Change in Services in accordance with Paragraph 2.d2 when C 1917, 1926, 1948 1951. 1953. 1951, 1961, 1963. 1966 1967, 1970. 1974. 1977, 1917. C 1997 by The Ainerkan Institute of Arddtects. Reproduction of the materW herein or substantial quotation of its previsions without written permission of the ALA violates the copyrVd 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 ALA 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. User Document: 2003-035 city of fayeneville water operations.ala — Yr2003. ALA License Number 10004fl which expires on 2/4F24. 17 L Contract Administration Services extend 6o 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 QwneiCjtlt during the provision of the Contract Administration Services. The Architect shall have authority to act on behalf of the QwneeC1 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 QweeCC'rlDt 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 Qlty$ 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 performance of the QwnerQj4t and Contractor under, and requirements of, the Contract Documents on written request of either the OwaeCjbt 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-Qwoe*Gdbt. 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 QweeK 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 QwneClbt. Shan visit the site at intervals appropriate to the stage of the Contractors operations, or as otherwise agreed by the QwneC ity and the Architect in Article t8, (a) to become generally familiar with and to keep the QwseCitlt informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Qwne*Qity against defects and deficiencies in the Work, and (3) to determine in general lithe Work is being performed in a manner indicating that the Work. when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charce of. nor be responsible for, the construction means, methods, techniques. sequences or procedures, or for safer precautions and programs in connection with the Work, since these are solely the Contractor a rights and responsibilities under the Contract Documents 0 1911, 1926, 1948, 1951. 1953, 1958w 1961, 1963, 1966. 1967. 1970, 1974. 1977. 1987. 0 1997 by Tflt 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. User Document. 2003-035 city of fayetteville water operations.aia — 4/1/1003. AIA License Number 1000430. which expires on 2/4/004. 18 01997 AlA® AIA DOCUMENT 6141- 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington. D.C. 20006-5292 2.6.2.2 The Architect shall report to the ew jty known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. 'flit Architect shall be responsible for the Architect's negligent ads or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.6.2.3 The Architect shall at all times have access to the Work whoever it is in preparation or prtgreu.7ivr abcumew his urporta k�f 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have cormqu Cowrrh Ni been authoraded, the AwwuiQ(y shall endeavor to communicate with the Contractor Itsmmplallona through Architect about matters arising out of or relating to the Contract Documents. AufsENyxATOI&770 Communications by and with the Architect's consultants shall be through the Architect. ErferROaarAUY DRAFTED MA DOCUMENT MAY BE MADE BY USK 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the ALA DOCUMENT DOI. Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Walk in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the AwneCJjty, based on the Architect's evaluation of the Work as provided in Paragraph z.6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (r) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (z) to remits of subsequent teas and inspections. (3) to correction of minor deviations from the Contract Documents prior to completion. and (4) to specific qualifications expressed by the Architect 2.6.31 The issuance of a Certificate for Payment shall not be a representation that the Architect has (n) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work. (2) reviewed construction means, methods, techniques, sequtnas or procedures. (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the GvAwFQjal to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.3.3 The Architect shall maintain a record of the Contractors Applications for Payment a' a O 1997 AUl® ALA DOCUMENT 1141- 1997 STANDARD FORM AGREEMENT 2.6.4 SUBMITTALS The American Institute of Architects 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the 1735 Now York Avenue N.W. Contractors submittals such as Shop Drawings, Product Data and samples, but only for the washington D.C. 2000u-5292 limited purpose of checking for conformance with information given and the design concept O 1917, 1925 1941, 1951. 19fl 1958. 1961, 1963. 1956, 1967, 197O, 1574, flY!, 19W. C 1997 by The A0,erkan Institute of Architects. Reproduction of the material herein or substantial quotation of Its provisions without written permission of the AlA 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 permluion of the ALA and can be reproduced In accordance with your license without violation will the date of 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 fayeneville water operations.ala — 4(1/2003. ALA License Number 1000430, which expires on 2/4(2004. 19 I I expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the OwneCity, 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 otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied TM doapmers has important legal by the Contractor in accordance with the requirements of the Contract Documents. Wsaequences. Comtlta$Mn with as attorney B encouraged with raped to In WmpleIWn or II latiit 2.6.4.3 If professional design services or certifications by a design professional related to AUTENIICAnON OF Tiff systems, materials or equipment are specifically required of the Contractor by the Contract ELECTROWCAttY DRAFTED AAA Documents, the Architect shall specify appropriate performance and design criteria that such DOCUMENT MAY BE MADE BY UANG services must satisfy. Shop Drawings and other submittals related to the Work designed or AIA DOCUMENT Doi. 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 perforated by such design professionals 2.6.5 CHANGES IN THE WORK 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the owne�sQjWS approval and execution in accordance with the Contract Documents The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If neceary. the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Paragraph 2.&2. 2.6.5.2 The Architect shall review property prepared, timely requests by the Giva"I tx or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A' properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change — in the Work or recommend to the tweet that the requested change be denied. 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contact Time e y,.•- or Contract Sum, the Architect shall make a recommendation to the owaeCfty, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost 01997 AIA® and time that might result from such change, including any additional costs attributable to a AIA DOCUMENT B141 -1997 Change in Services of the Architect. With the Qwoa!6Qf1y approval, the Architect shall STANDARD FORM AGREEMENT incorporate those estimates into a Change Order or other appropriate documentation for the Owser&Cjty'g execution or negotiation with the Contractor. The American Institute of Architects 1735 New York Avenue N.W. 2.6.5.4 The Architect shall maintain records relative to changes in the Work Washington, D.C. 20006-5292 V 17118 17&01 HBO, .++0 .-+-, 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. User Document: 2003035 city of fayetteville water operations.ala — 41112003. AIA License Number 1000430/ which expires on 2/412004. 20 2.6.6 PROJECT COMPLETION 2.6.6.1 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 ewnecCt. for the owDe4Q W review and records, written warranties and reWed documents required by the Contract Documents and assembled by the Contractor. and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.6.2 The Architect's inspection shall be conducted with the OwrCitA Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. 2.6.6.3 When the Work is found to be substantially complete. the Architect shall inform the QweeClly about the balance of the Contract Sum remaining to be paid the Contractor. including any amounts needed to pay for final completion or correction of the Work. 2.6.6.4 The Architect shall receive from the Contractor and forward to the OwneiQi (t) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waiver of liens or bonds indemnifying the oweerGb against &.t. ARTICLE 2.7 FACILITY OPERATION SERVICES 2.7.1 The Architect shall meet with the AweacCltx or the AweeraGj Designated Representative promptly after Substantial Completion to review the need for hdlity operation services. 2.7.2 Upon request of the owearClly, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the owaeri tx and the owneAAQiti Designated Representative to review the facility operations and performance and to make appropriate recommendations to the owsetCriti. ARTICLE 2.8 SCHEDULE OF SERVICES 2.8.1 Design and Contract Administration Services beyond the fallowing limits shall be provided by the Architect as a Change in Services in accordance with Paragraph LJ.3 1 up to Two (2) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to Thirty Six ( s.3) visits to the site by the Architect over the duration of the Project during construction .3 up to I.w ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 up to I ( 2 ) inspections for any portion of the Work to determine final completion. 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect ass Change in Services in accordance with Paragraph L3. .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect: .2 responses to the Contractors requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Awe (-provided information, O 1917, 1924, 1948, • . 1%1. 1970, 1974. 1977, 1987, 0 1991 by The An,.rican Institute of Architects.Reproduction of the material herein or substantial quotation of hi provisions without written permission of the ALA 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. User Document 2003.035 city of fayettwiik water operatlons.W — 4N2003. ALA License Number 100430, whldt expires on 2/412004. 21 ''1t;ai_' I ii •' . t4 r O 1497 ALAS AIA DOCUMENT 8141- 1447 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington. D.C. 20006-5292 Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or • other cause during construction; .5 evaluation of an extensive number of claims submitted by the ewreerClbJS consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Qwaec%CitY consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests This document has imporlaw legal' proposed by the gwneiQl or corsequemer. cosdratbn with an Contract Administration Services provided 6o days after the date of Substantial astorney respect to .8 Completion of the Work. m hrh AU7ENIICAT10N Or INS 2.8.3 The Architect shall furnish or provide the following services only if specifically ErECTR0NCNIY DRAFTED AN DOCUA8:NTMAY BE MADE BY LONG designated AIA DOCUM m ow,. Services Responsibility Location of Service. (Airhifer4 O$7w &Na( provided) Description .1 Programming Ardt .2 land Survey Services N/A .3 Geotechnical Services N/A .4 Space SchematicslFlow Diagrams Arch itect .5 Existing Facilities Surveys N/A .6 Economic Feasibility Studies Not Provided .7 Site Analysis and Selection Arctijtect .8 Environmental Studies and Not Provided Reports. .9 AwneiCltf-Supplied Data WA Coordination .10 Schedule Development and Not Provided Monitoring .0 CivilDesign - Arch .12 Landscape Design ArChke ! .r3 Interior Design Additional Services .r4 Special Bidding or Negotiation d lv .15 Value Analysis Not Provided .r6 Detailed Cost Estimating Not Provided .r7 On -Site Project Representation Not Provided .18 Construction Management Not Pro _vided j..v. .u9. Start-up Assistance Not Provided .2o Record Drawings AiUiits O1997 AIA® .21 Post -Contract Evaluation Not Provided DOCUMENT .22 Tenant -Related Services Not Provided AGREEMENT STFORM AGEME STANDARD .23 .24 The American institute of Architects .�5 1735 New York Avenue N.W. Washington. D.C. 20006.5292 Description of Services. (heat &m poops ofthe w,*a' amd) O 1917. 1926, 1948 1951, 1953, 1958. 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 1997 by The Ameflcan 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. User Document: 2003-035 city of fayetteville water operatbns.aia — 4n/2G03. AIA License Number 1000430. which expires on 2/412004. 22 This document has Importantfe mmequenom co, Ssadon with an atiomey is encouraged with respect to Rs complesion or mohfkatlon. AUTAEN/ICAT10N OF THIS ELECTRONICALLY DRAFTED ALA DOCLSEW MAY 8E MADE BY USING AlA DOCUMENT DLO). 01997 ALAS ALA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington. D.C. 20006-5292 aO 1917. 1926. 1948, 1951, 1953, 1958. 1961, 1963 196, 1967, 1970. 1974, 1911, 1987, 0 1997 by The n 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 US. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the. AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. expiration as noted below, expiration as noted below, expiration as noted below. User Document: 2003-035 city of fayetteville water operallons.aia — 4/V2003. AIA License Number 1000430, which expires on 2/4/2004. 24 CROMWELL ARUIIIECIS ENNEERS 01 April 2003 Mr. Greg Boettcher, P.E. City of Fayetteville Water and Wastewater Director 113 West Mountain Street Fayetteville, AR 72701 RE: Contract for Professional Services 2003-035 Water and Wastewater Operations Center Dear Mr. Boettcher: As a follow up to our contract I am providing you with the following schedule of tasks with time lines and milestones all based on a contract date of April 15, 2003 Task Start date End date Survey April 30, 2003 May 28, 2003 Review Program April 30, 2003 June 11, 2003 Schematic Design June 11, 2003 August 13, 2003 Large Scale Development July 30, 2003 September 3, 2003 Design Development August 13, 2003 September 29, 2003 Construction Documents September 29, 2003 December 31, 2003 Bidding January 1, 2004 January 22, 2003 Contract Award January 29, 2004 February 24, 2004 Construction Administration February 25, 2004 November 24, 2004 Furniture Install/Move-In November 29, 2004 December 30, 2004. This schedule is based on timely City approvals. If you have any questions, please feel free to contact me. Sincerely, Cromwell Architects Engineers Thad R. Kelly, AIA Northwest Regional Office Director TRK/rw Cc: Charles Penix J. Brent Thompson CROMWELLARCHITECTS ENGINEERS. INC. • NORTHWEST ARKANSAS REGION 7 NORTH BLOCK AVENUE (501) 582-2900 FAX (501) 582.2929 FAYETTEVILLE, ARKANSAS 72701 1%4rc O FILA4Bb FAYETTEVILLE THE CITY OF PAYETTEVILLE, ARKANSAS WATER AND WASTEWATER DIVISION DEPARTMENTAL CORRESPONDENCE i7vv•o,) Foe 2� TO: Hugh Earnest, Sondra Smith, Coy Hurd, David Jurgens, Thad Kelly LL4 FROM: Greg Boettcher, P.E. Water & Wastewater Director DATE: April 28, 2003 RE: Contract Scope Clarifications Supplement to Standard Form of Agreement Cromwell Architects Engineers Inc. Water and Wastewater Operations Center S-7-03 t_'.o,d/rde> Scope V-2 g —O3 cc//S Attached is a contract supplement for the April 15, 2003 Agreement further defining scope and schedule of performance. Original copies have been distributed to the City Clerk and Cromwell, for their records. Attachment LU/5 OP6r r`+ 01 • CROMWELL • �e t„���� 6 ,t2amEC6 ENG VEERS (coA)flttr) 01 April 2003 Mr. Greg Boettcher, P.E. City of Fayetteville Water and Wastewater Director 113 West Mountain Street Fayetteville, AR 72701 RE: Contract for Professional Services 2003-035 Water and Wastewater Operations Center Dear Mr. Boettcher: As a follow up to our contract I am providing you with the following schedule of tasks with time lines and milestones all based on a contract date of April 15, 2003. Task Start date End date Survey April 30, 2003 May 28, 2003 Review Program April 30, 2003 June 11, 2003 Schematic Design June 11, 2003 August 13, 2003 Large Scale Development July 30, 2003 September 3, 2003 Design Development August 13, 2003 September 29, 2003 Construction Documents September 29, 2003 December 31, 2003 Bidding January 1, 2004 January 22, 2003 Contract Award January 29, 2004 February 24, 2004 Construction Administration February 25, 2004 November 24, 2004 Furniture Install/Move-In November 29, 2004 December 30, 2004. This schedule is based on timely City approvals. If you have any questions, please feel free to contact me. Sincerely, Cromwell Architects Engineers Thad R. Kelly, AIA Northwest Regional Office Director TRK/rw Cc: Charles Penix J. Brent Thompson CROMWELL ARCHITECTS ENGINEERS. INC. • NORTHWEST ARKANSAS REGION 7 NORTH BLOCK AVENUE (501) 582-2900 FAX (501) 582-2929 FAYETIEVILLE. ARKANSAS 72701 n ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS WATER AND WASTEWATER OPERATIONS CENTER Owner: City of Fayetteville, Arkansas Architect: Cromwell Architects Engineers, Inc. Fayetteville, Arkansas Agreement Date: April 15, 2003 1.4.2 a) The schedule of performance for the completion of a new Water and Wastewater Operations Center shall conform to the timelines as set forth in the April 1, 2003 letter from Cromwell Architects Engineers Inc., a copy of said letter being attached to and made a part of this agreement. The Architect shall not be held responsible for actions and activities that are outside their realm of control and responsibility, including such items as review periods by other entities, permitting reviews, and related factors under the control of external parties. b) The scope of services includes the development of a master plan layout for the 61 -acre tract in the South Industrial Park, including the offices, warehouse, customer entrance, parking areas, pipe yard, layout plan, storm water retention facilities, drainage facilities, internal service roads, fencing, grading and other pertinent details. The detailed design and contract administration services shall relate to a single prime construction contract for all buildings, utility services, parking lots, drainage improvements, retention structures and other appurtenant items to provide a complete and functional Water and Wastewater Operations Center. The detailed design and construction of the pipe yard area, while included in storm water facility design allowances shall be the responsibility of the City of Fayetteville. For the designated areas of responsibility the Architect shall provide usual and customary services including construction drawings, contract documents, specifications, bidding services, bid evaluation/recommendation, submittal reviews, construction administration and final inspection/closeout. The Architect will provide a furnishings listing for the new building, with the City of Fayetteville to then solicit bids, select providers and arrange for installation. I The lump sum fee for the design of the Project ($196,100.00) is the full and complete compensation for the scope of services set forth in the agreement, with no adjustment for bid prices or change orders. The budgeted costs for Reimbursable Expenses provide a stipulated amount ($41,390.00), the aggregate of which is an upper limit of cost that shall not be exceeded without prior written approval by the City Administration, Mayor or City Council as deemed appropriate. c) During the Schematic Design Phase the Architect shall evaluate various bidding construction types and building configurations to develop a concept that meets objectives of economy, durability, functionality and expandability. Comparisons of mixed -use designs (offices separate from warehouse) and combined use areas (offices contained within warehouse area) shall be evaluated a part of the process including alternative framing, roofing, wall systems and office designs. d) Payments of approved statements are expected to be released within 30 - days after certification by the City; however, this is not guaranteed. Signatures of agreement with clarifications and understandings: City of Fayetteville Cromwell Architects Engineers, Inc. 2 • ,r2G O- o•J MEMORANDUM FOR THE RECORD Water and Sewer Operations Center Cromwell Architects Engineers Inc. Original Contract: May 5, 1998 Subject: Clarification of Contract Closure The original design scope involved a new facility on lot #13 of the South Industrial Park, with new directives moving the site to the city's existing property at Cato Springs Road. This scope change did not include any contract modifications, resulting in a need to later resolve this matter. On April 15, 2003 the Fayetteville City Council, by Resolution 57-03, approved a new design contract with Cromwell Architects Engineers to design a new Water and Wastewater Operations Center on a 61 -acre tract in the South Industrial Park, this work abandoning the designs of the May 5, 1998 contract; however, the background, needs familiarity and project -specific experience enabled negotiation of a design fee reduction within the April 15, 2003 contract. The Fayetteville City Council, in a detached report titled "Project Implementation Study -Water and Wastewater Operations Center" dated April 2003 clarified that the execution of the new contract would obligate the closure of existing contract (May 5, 1998) and entail payment of the additional design services using a portion of the project contingency. The amount noted as being due the Consultant for all services to date was denoted as S248,99 1.76, this amount now being addressed by an administratively approved contract amendment and being processed for payment (net balance due = $79,106.71. This memorandum has been developed to note the justifications, communications and authorizations for the closure of the current contract. Greg Boettcher, P.E. k� Water & Wastewater Director DATE GB/pkh Enclosure cc: Steve Davis, Hugh Earnest, David Jurgens LETTER CONTRACT AMENDMENT Water and Sewer Operations Center PROJECT: Water and Sewer Operations Center City Lake Road (Lot #13) and Cato Springs Sites Fayetteville, Arkansas 72701 CONSULTANT: Cromwell Architects Engineers Inc. 7 North Block Avenue Fayetteville, Arkansas 72701 OWNER: City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 CONTRACT DATE: May 5, 1998 WHEREAS, Cromwell Architects has been authorized to perform consulting services for a new water and sewer operations center, said Agreement for consulting Services of May 5, 1998 providing for the design of such project on Lot #13 of the South Industrial Park (City Lake Road) and, WHEREAS, such work was substantially completed when a directive from the Owner was issued to abandon the City Lake Road site and to commence design of the project using the existing Cato Springs site and, WHEREAS, the Agreement for Consulting Services was not modified to reflect the change in scope, leaving the contract face value at its original amount of $231,005.00 and, WHEREAS, the change in scope has been deemed a legitimate basis for amendment of the May 5, 1998 Agreement to provide additional compensation for the expanded scope of services and, WHEREAS, the Fayetteville city council did on May 5, 1998 approve a contract value of $231,005.00 and contingency value of $23,105.00, NOW THEREFORE, be it Resolved, and Agreed that the May 5, 1998 Agreement for consulting Services, Section XII, Fees and Services he amended to reflect a new upper limit of cost of $248,991.76 (two hundred forty eight thousand nine hundred ninety one dollars and 76 cents), said upper limits of costs representing the full, complete and final compensation for all consulting services performed under said Agreement, IN WITNESS WHEREOF to the acceptance of the terms and conditions as set forth in this agreement, Cromwell Architects Engineers Inc. and the City of Fayetteville, Arkansas have executed this document the date set forth below. Signed this SO day of ,4peO (. , 2003. CITY OF FAYETTEVILLE CROMWELL ARCHITECTS FAYETTEVILLE, AR ENGINEERS INC., FAYETTEVILLE, AR DAN COODY T AD KELLY Mayor of Fayetteville Cromwell Architects Engineers 101 South Spring Street Little Rock, AR 72201 (501)372-2900 Final Statement City of Fayetteville Arkansas Invoice number 113 West Mountain Date Fayetteville, AR 72701 Attn: Mr. Greg Boettcher Contract: 99-137 Client ID: 515 City of Fayetteville -Water Operations Center Professional Services Rendered From December 2, 2000 Through April 1.5, 2003 Basis for A/E Services: Contract Amount Direct Labor This Period Total Labor Cost Less Labor Adjustment Reimbursable Expenses Reproduction Costs Model Photography Fee $184,752.51 Expenses $ 23,162.55 Total $231,005.06 Total Labor Cost 447.97 675.00 6.81 748 4/23103 $128,571.39 50,680.24 $77,891.15 1,215.56 Final Project Billing $79,106.71 Payment History: Payment #1 Payment #2 Final 12-31-98 3-06-01 Total Fee 51,510.18 108,123.91 77,891.15 237,525.24 Expenses 9,802.99 447.97 1,215.56 11,466.52 Total Amount 61,313.17 108,571.88 79,106.71 248,991.76 Approved by: Date: 23 /C Z43 CROMWEILARCHITECTS ENGINEERS, INC. • NORTHWEST ARKANSAS REGION 7 NORTH BLOCK AVENUE (501) 582-2900 FAX (501) 582-2929 FAYtI T11VILLE, ARKANSAS 72701