HomeMy WebLinkAbout111-05 RESOLUTIONS
RESOLUTION NO.111-05 SCANNED
A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT
OF $48,625.00 WITH WILSON ESTES POLICE ARCHITECTS FOR
A SPACE NEEDS STUDY FOR FUTURE UTILIZATION OF FIVE
(5) CITY -OWNED BUILDINGS; APPROVING A 5%
CONTINGENCY IN THE AMOUNT OF $2,431.00; AND
APPROVING $3,226.00 IN REIMBURSABLE EXPENSES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville hereby
approves a contract in the amount of $48,625.00 with Wilson Estes Police
Architects for a space needs study for future utilization of five (5) city -owned
buildings. A copy of the contract, marked Exhibit "A" is attached hereto and
made a part hereof.
Section
2. That the
City Council
of the
City of Fayetteville hereby
approves a 5%
contingency in
the amount of
$2,431.00.
Section 3. That the City Council of the City of Fayetteville hereby
approves $3,226.00 in reimbursable expenses.
PASSED and APPROVED this 21St day of June, 2005.
APPROVED:
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Fs
? By:
: FAYETTEVILLE *
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ATTEST:
By:
SO DRA SMITH, City Clerk
Document B727" -1988
Standard Form of Agreement Between Owner and Architect
for Special Services
1 AGREEMENT made as of the 23rd day of June in the year of two thousand and five
BETWEEN the Owner:
(Name and address)
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
and the Architect:
(Name and address)
Wilson Estes Police Architects, Subchapter S Corporation
5799 Broadmoor
Suite 520
Mission, Kansas 66202
For the following Project:
(Include detailed description of Project, location, address and scope.)
1 Fayetteville Public Safety Center and miscellaneous facilities.
The City and the Architect agree as set forth below.
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the
original AIA standard form. An
Additions and Deletions Report
that notes added information as
well as revisions to the standard
form text is available from the
author and should be reviewed.
A vertical line in the left margin of
this document indicates where
the author has added necessary
information and where the author
has added to or deleted from the
odginal AIA text.
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
AIA Document 13727m —1988. Copyright ®1972, 1979 and 1988 by The American Institute of Architects. All rights reserved. WARNING: This AIAe
Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any
portion of It, may result In severe civil and criminal penalties, end will be prosecuted to the maximum extent possible under the law. This document
was produced by AIA software at 13:10:25 on 06/06/2005 under Order No.1000147796_1 which expires on 11/19/2005, and is not tor resale.
User Notes: (2645302675)
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ARTICLE 1 ARCHITECT'S SERVICES
(Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement. Note
under each service listed the method and means of compensation to be used, if applicable, as provided in Article 8.)
Service to be provided Method and means of compensation
Needs Assessment Study Guaranteed Lump Sum
General Description:
A comprehensive Needs Assessment Study that determines current and future facility needs for all Divisions of the
Fayetteville Police Department, including evidence; District Court; Prosecuter; Fire Station No. 3, including Fire
Administration and Fire Marshall; Fire Training Center; and Development Services, including Planning,
Engineering, Building Safety, Code Enforcement, and Building Services. The Assessment will include an evaluation
of the existing space at 1851 East Huntsville Road, known as the Tyson complex, to support the public safety
departments identified above, and the ability of the current Police and Court buildings located at 100 West Rock
Road to serve other city departments listed above. Additionally. as an alternative to reuse of the Tyson building,
demolition of all, or part of the Tyson complex, will be evaluated to support the development of new facilities for
Public Safety on the Huntsville Road Site. Cost models will be developed to allow a comparative evaluation of
probable development scenarios.
Task #1: Inventory Current Space
1.1 The work in this phase will be to determine the physical properties of the existing building space. The primary goal
shall be to discover exactly how much space exists to support the requirements developed in the programming phase
of the work (discussed in Task #2), whether or not new building additions will be required to expand the current
space, and to what extent various portions of the existing space would have to be reconstructed to achieve a
satisfactory end result. In addition, a cursory review shall be given to the finishes and systems in the existing building
for consideration in evaluating the potential costs of a development option that involves renovation.
Task #2: Programming
2.1 On -Site Information Gathering: The Architects will lead meetings with a group representing a cross-section of
the above identified departments. At a minimum, these groups should consist of key department managers.
Primary goals of these interactive meetings will be to understand specific details about the community and the
operations of the departments, evaluate potential growth in the staffing of the departments, and determine and
catalog all individual functional elements and their relationship to each other. (Functional elements are
comprised of personnel, activities, and accessory support spaces. The list includes each distinct function, which
in the design phase will become a room or space).
2.2 Growth Analysis: Estimate facility needs out to 2025 through the forecasting of department personnel for the
planning horizon. Projections shall be developed by applying the city's anticipated percentage population
increase for the period (from city accepted figures) to the current year departmental personnel count. Additional
personnel adjustments will be made in response to projected changes in policing trends (if the appropriate data is
available).
23 Work Station Standards Development: One component factored into the determination of space assigned to a
specific functional element (sub -task 2.4) is the use of planning standards. This can come in many forms,
but is primarily related to the size of a workstation, seating, locker, or table requirement to perform a task,
or multiple tasks within the functional element. It can also be a standard for a room size based on the area
required to perform a known set of tasks. We will utilize our database of national averages for municipal
facilities to tailor planning standards for Fayetteville.
2.4 Square Footage Development: Utilizing specific data obtained in the on-site group meetings, and the
development of planning standards, we will apply our database of national averages for area required for
municipal facilities.
23 Establish interactive relationships between all functional elements.
AIA Document 8727^' —1988. Copyright m 1972, 1979 and 1988 by The American Institute of Architects. All rights reserved. WARNING: This AIA°
Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any
portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document
was produced by AIA software at 13:10:25 on 06/06/2005 under Order No.1000147796_1 which expires on 11/19/2005. and Is not for resale.
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Task #3: Development Options Analysis
3.1 Following the determination of the functional elements in the programming task and the space required for those
elements, including circulation space, walls, and all other space that composes the gross square footage of the
building; determine the following:
3.1.1 Evaluate the available space in the existing facility for sufficiency to meet the programmed space needs. If
sufficient space does not exist, establish the area required for a new addition. For the existing space, make a
determination as to the extent of reconstruction necessary to support the services operating in the space.
3.1.2 For new construction establish the most probable floor level that any specific functional element, or group of
functional elements may likely occupy, and the resulting number of floors and area of each floor. From this
establish the probable building footprint.
3.1.3 Site Masterplanning: After determining probable footprints for each possible development scenario (both
renovation and new construction), make a determination of parking spaces needed and other site
requirements, provide site diagrams for each scenario indicating the building footprint, public and staff
parking, access points to the buildings, and the relationship of each of these.
3.1.4 Cost Estirnate: Utilizing our database for facilities built around the country over a lengthy time period, we will
apply typical facility construction costs adjusted for the region and a projected bid date. (We analyze the
accuracy of the database by comparing the local construction market through telephone surveys of regional
contractors having recent experience in similar facility types). For space to be renovated, we will apply
percentages of adjusted costs corresponding to the extent of the renovated space. For each development scenario
cost estimate, provide an estimate of probable costs for "other" project costs, such as furnishings, AE fees,
phones and data, security and access, and landscaping and irrigation.
3.1.5 Findings: Evaluate the probable development scenarios and identify the strengths and weaknesses of each.
Primary factors for consideration will be the degree of anticipated project success as defined by the functionality
of a proposed scenario, probability of longterm adequacy of proposed facilities, relative cost, and the degree of
difficulty assrriated with phasing construction.
Task #4: Documentation
4.1 Develop a written report documenting the study process, findings, and recommendations for further project
development. Submit four copies of the draft report for review and follow-up meetings between the
Architect and city personnel.
OPTIONAL NEEDS ASSESSMENT SERVICES:
The following optional services will be provided at the City's discretion for the additional services fees stated in
Article 8.5. The Architect shall provide these services only if authorized in writing by the Owner.
5.1. Structural Analysis:
I. From existing plan documents and a walk-through of the buildings, provide a structural analysis of the existing
structure and assist the Architect in determining cost implications and feasibility related to building design
alterations.
5.2 Mechanical/ Electrical Systems Analysis:
1. From existing plan documents and a walk-through of the building, provide a cursory evaluation of the
existing mechanical systems with regard to the age and efficiency of the primary heating/ cooling
equipment and the cost impact associated with replacement. Provide recommendations pertaining to the
most efficient development of mechanical systems to support existing and expanded building space.
AIA Document B727*a —1988. Copyright C 1972. 1979 and 1988 by The American Institute of Architects. All rights reserved. WARNING: This AIAe
Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any
porton of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document
was produced by AIA software at 13:10:25 on 06/06/2005 under Order No.1000147796_1 which expires on 11/19/2005, and Is not for resale.
User Notes: (2645302675)
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2. From existing plan documents and a walk-through of the building, provide a cursory evaluation of the
existing electrical systems with regard to the current capacity to support power requirements in a renovated
facility as well as an assessment of code compliance and adherence to fire and life safety issues.
5.3. Conceptual Plans:
1. Utilizing the information in the primary need assessment services, develop a conceptual floor plan for each of
the following; 1) Tyson building developed as a Public Safety Center; 2) new public safety facilities located on
the Tyson complex site utilizing none, or part of, the existing Tyson building; and 3) reuse of the West Rock
Road buildings to serve the City departments identified above, not related to public safety.
ARTICLE 2 OWNER'S RESPONSIBILITIES
§ 2.1 The City shall provide full information regarding requirements for the Project. The City shall furnish required
information as expeditiously as necessary for the orderly progress of the Work, and the Architect shall be entitled to
rely on the accuracy and completeness thereof.
§ 2.2 The City shall designate a representative authorized to act on the City's behalf with respect to the Project. The
City or such authorized 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.
ARTICLE 3 USE OF ARCHITECT'S DOCUMENTS
§ 3.1 The documents prepared by the Architect for this Project are instruments of the Architect's service for use
solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these
documents and shall retain all common law, statutory and other reserved rights, including the copyright. The City
shall be permitted to retain copies, including reproducible copies, of the Architect's documents for the City's
information, reference and use in connection with the Project. The Architect's documents shall not be used by the
Owner or others on other projects.
(Paragraphs deleted)
ARTICLE 5 TERMINATION OR SUSPENSION
§ 5.1 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.
§ 5.2 If the City fails to make payment when due the Architect for services and expenses, the Architect may, upon
seven days' written notice to the City, suspend performance of services under this Agreement. Unless payment in
full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without
further notice. In the event of a suspension of services, the Architect shall have no liability to the City for delay or
damage caused the City because of such suspension of services.
§ 5.3 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 Section 5.4.
§ 5.4 Termination Expenses shall be computed as a percentage of the compensation earned to the time of
termination, as follows:
. 1 For services provided on the basis of' a multiple of Direct Personnel Expense, 20 percent of the total
Direct Personnel Expense incurred to the time of termination; and
. 2 For services provided on the basis of a stipulated sum, 10 percent of the stipulated sum earned to the
time of termination.
ARTICLE 6 MISCELLANEOUS PROVISIONS
§ 6.1 Unless otherwise provided, this Agreement shall be governed by the law of the State of Arkansas.
AIA Document B727111— 1988. Copyright 01972. 1979 and 1988 by The American Institute of Architects. All rights reserved. WARNING: This AIA
Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any
portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document
was produced by AIA software at 13:1025 on 06/06/2005 under Order No.1000147796_1 which expires on 11/19/2005, and is not for resale.
User Notes: (2645302675)
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§ 6.2 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 statute of limitations shall commence to run not later than the date payment is due
the Architect pursuant to Section 8.4.
§ 6.3 The City 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 covenants of this Agreement. Neither City nor Architect shall assign this
Agreement without the written consent of the other.
§ 6.4 This Agreement represents the entire and integrated agreement between the City and 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 City and Architect.
§ 6.5 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 City or Architect.
§ 6.6 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 in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated
biphenyl (PCB) or other toxic substances.
ARTICLE 7 PAYMENTS TO THE ARCHITECT
§ 7.1 DIRECT PERSONNEL EXPENSE
§ 7.1.1 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, pensions, and
similar contributions and benefits.
§ 7.2 REIMBURSABLE EXPENSES
§ 7.2.1 Reimbursable Expenses are in addition to the Architect's compensation and include expenses incurred by the
Architect and Architect's employees and consultants in the interest of the Project for:
.1 expense of transportation and living expenses in connection with out-of-town travel authorized by the
City;
(Paragraph deleted)
.3 fees paid for securing approval of authorities having jurisdiction over the Project;
.4 reproductions;
.5 postage and handling of documents;
.6 expense of overtime work requiring higher than regular rates, if authorized by the City;
.7 renderings and models requested by the City;
.8 expense of additional coverage or limits, including professional liability insurance, requested by the
City in excess of that normally carried by the Architect and the Architect's consultants; and
(Paragraph deleted)
§ 7.3 PAYMENTS ON ACCOUNT OF THE ARCHITECT'S SERVICES
§ 7.3.1 Payments on account of the Architect's services and for Reimbursable Expenses shall be made monthly upon
presentation of the Architect's statement of services rendered or as otherwise provided in this Agreement.
§ 7.32 An initial payment as set forth in Section 8.1 is the minimum payment under this Agreement.
§ 7.4 ARCHITECT'S ACCOUNTING RECORDS
§ 7.4.1 Records of Reimbursable Expenses and expenses pertaining to services performed on the basis of a multiple
of Direct Personnel Expense shall be available to the City or the City's authorized representative at mutually
convenient times.
AIA Document B727711— 1988. Copyright 01972, 1979 and 1988 by The American Institute of Architects. All rights reserved. WARNING: This AIAe
Document is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution o/ this AIAe Document, or any
portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document
was produced by AIA software at 13:10:25 on 06/06/2005 under Order No.1000147796 1 which expires on 11/19/2005, and Is not for resale.
User Notes: (2645302675)
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ARTICLE 8 BASIS OF COMPENSATION
The City shall compensate the Architect as follows:
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§ 8.1 AN INITIAL PAYMENT OF zero ($ 0.00 ).
§ 8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services,
shall be computed as follows:
(Insert basis of compensation, including stipulated sums multiples or percentages, and identify the services to which
particular methods of compensation apply, if necessary.)
8.2.1 For Core Services identified in Article 1.1., a Guaranteed Lump Sum of $48,625 plus reimbursable expenses.
(Refer to attached Exhibit B, detailed cost itemization).
8.2.2.1 For Additional Services identified in Article 1-5.1as Structural Analysis, an Hourly Rate Against a
Maximum Fee of $5,000 plus reimbursable expenses. Hourly rates are as follows:
Structural Engineer, Principal: $125 per hour
Structural Engineer: $95 per hour
8.2.2.2 For Additional Services identified in Article 1-5.2 as Mechanical/ Electrical Systems Analysis an Hourly
Rate Against a Maximum Fee of $4,000 plus reimbursable expenses. Hourly rates are as follows:
Vice -President, Principal: $120 per hour
Sr. Project Manager: $90 per hour
Engineer II: $70 per hour
8.2.2.3 For Additional Services identified in Article I-5.2.as Conceptual Plans, a Guaranteed Lump Sum of $23,000
plus reimbursable expenses.
§ 8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 9 as
Reimbursable Expenses, a multiple of one -point -one ( 1.1 ) times the expenses incurred by the Architect, the
Architect's employees and consultants in the interest of the Project.
§ 8.4 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice.
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws
and other regulations at the City'ss and Architect's principal places of business, the location of the Project and
elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions
or modifications, and also regarding other requirements such as written disclosures or waivers.)
§ 8.5 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of
compensation shall be equitably adjusted.
ARTICLE 9 OTHER CONDITIONS
This Agreement entered into as of the day and year first written above.
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ment 9727Th —1988. Copyright m 1972, 1979 an' 1988 by The American Institute of Architects. All rights reserved. WARNING: This AIA'
nt is protected by U.S. Copyright Law and Interna lonal Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any
of It, may result In severe civil and criminal penalties, and WIII be prosecuted to the maximum extent possible under the law. This document
/r. NGTON "4 produced by AIA software at 13:1025 on 06/06/2005 under order No.1000147796_1 which expires on 11/19/2005, and is not for resale.
• Ir///11111Mokskilser Notes: (2645302675)
ARCHITECT
PACO .1flt
(Sig ure)
J es Estes, Principal
(Printed name and title)
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°AT1 Document B1411-1997 Part 1
Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect'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 23rd
five.
(In words, indicate day, month and year)
day of June
BETWEEN the Architect's client identified as the City:
(Name, address and other information)
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
and the Architect:
(Name, address and other information)
Wilson Estes Police Architects, PA
5799 Broadmoor
Suite 520
Mission, Kansas 66202
Telephone Number: (913) 384-1115
Fax Number: (913) 384-2292
For the following Project:
(Include detailed description of Project)
1 Fayetteville Public Safety Center and miscellaneous facilities.
The City and Architect agree as follows:
in the year Two -thousand,
ADDITIONS AND DELETIONS:
The author of this document has
added information needed tor its
completion. The author may also
have revised the text of the
original AIA standard form. An
Additions and Deletions Report
that notes added information as
well as revisions to the standard
form text is available from the
author and should be reviewed.
A vertical line in the left margin of
this document indicates where
the author has added necessary
information and where the author
has added to or deleted from the
original AIA text.
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
AIA Document 8141"-1997 Part 1. Copyright m 1917, 1926, 1948. 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law end international Treaties.
Unauthorized reproduction or distribution of this AIA Document, or any porton of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:28:25 on 06/06/2005 under Order
No.1000147796_1 which expires on 11/19/2005, and is not for resale.
User Notes: (1787882360)
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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 a statement such as "not
applicable," "unknown at time of execution" or "to be determined later by mutual agreement.")
§ 1.1.2 PROJECT PARAMETERS
§ 1.1.2.1 The objective or use is:
(Identify or describe, if appropriate, proposed use or goals.)
Needs assessment, design, and construction services for the purpose of facility development for the following city
departments: Police, including evidence; District Court; Prosecutor; Fire Station No. 3, including Fire
Administration; Fire Training Center; and Development Services, including Planning, Engineering, Building Safety,
Code Enforcement, and Building Services.
§ 1.12.2 The physical parameters are:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical
reports about the site.)
Renovation and/or new construction at 1851 East Huntsville Road, and 100 West Rock Road, with the specific
construction approach to be determined in the need assessment included as a part of this contract.
§ 1.1.2.3 The City's Program is:
(Identify documentation or state the manner in which the program will be developed.)
A needs assessment developed in accordance with document B727, and included as a part of this agreement.
§ 1 12 4 The legal parameters are:
(Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions
of the site.)
Unknown at time of execution.
§ 1.1.2.5 The financial parameters are as follows.
.1 Amount of the City's overall budget for the Project, including the Architect's compensation, is:
unknown at time of execution of this agreement
.2 Amount of the City's budget for the Cost of the Work, excluding the Architect's compensation, is: to
be determined through the Needs Assessment Study accepted by the City.
§ 1.1.2.6 The time parameters are:
(Identify, if appropriate, milestone dates, durations or fast track scheduling.)
90 days for needs assessment services stipulated in document B727. Unknown at time of execution of this
agreement for design and construction services stipulated in B141, Part 2.
§ 1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method such as competitive bid, negotiated contract, or construction management.)
Unknown at time of execution of this agreement.
§ 1.1.2.8 Other parameters are:
(Identify special characteristics or needs of the Project such as energy, environmental or historic preservation
requirements.)
Not applicable.
§ 1.1.3 PROJECT TEAM
§ 1.1.3.1 The City's Designated Representative is:
(List name, address and other information.)
AIA Document B14111, —1997 Part 1. Copyright D 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:28:25 on 06/0612005 under Order
No.1000147796_1 which expires on 11/19/2005, and is not for resale.
User Notes: (1787882360)
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Coy Hurd, Ph.D.
113 W. Mountain
Fayetteville, Arkansas 72701
Telephone Number: 479-575-8361
Mobile Number: 479-263-0301
churd@cilayetteville.ar.us
§ 1.1.3.2 The persons or entities, in addition to the City's Designated Representative, who are required to review the
Architect's submittals to the City are:
(List name, address and other information.)
1 § 1.1.3.3 The City's other consultants and contractors are:
(List discipline and, if known, identify them by name and address.)
Consultants anticipated are Land Surveyor, Geotechnical Engineer, construction testing lab, furnishings consultant
or supplier.
§ 1.1.3.4 The Architect's Designated Representative is:
(List name, address and other information.)
James Estes
5799 Broadmoor
Suite 520
Mission, Kansas 66202
Telephone Number: (913) 384-1115
Fax Number: (913) 384-2292
jamese@policearchitects.com
§ 1.1.3.5 The consultants retained at the Architect's expense are:
(List discipline and, if known, identify them by name and address.)
Mechanical Engineer Gibbens, Drake, Scott
Electrical Engineer Gibbens, Drake, Scott
Structural Engineer A.T. Renczarski & Co., Inc.
Civil Engineering To be determined
Landscape Design To be determined
§ 1.1.4 Other important initial information is:
Security and access contol design and specifications provided by Wilson Estes Police Architects. Space and power
provisions shall be made in planned facilities development for use of existing communications/ 911 equipment.
Services provided under this agreement do not cover design and specifications for new communications/ 911
equipment.
§ 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 1.1 may be reasonably relied upon by the City and Architect in
determining the Architect's compensation. Both parties, however, recognize that such information may change and,
AIA Document B141 *a -1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent passible under the law. This document was produced by AIA software at 11:28:25 on 06/06/2005 under Order
No.1000147796_1 which expires on 11/19/2005, and is not for resale.
User Notes: (1787882360)
in that event, the City and the Architect shall negotiate appropriate adjustments in schedule, compensation and
Change in Services in accordance with Section 1.3.3.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
§ 1.2.1 The City 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.
§122 CITY
§ 1.2.2.1 Unless otherwise provided under this Agreement, the City shall provide full information in a timely manner
regarding requirements for and limitations on the Project. The City 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 City shall periodically update the budget for the Project, including that portion allocated for the Cost of
the Work. The City shall not significantly increase or decrease the overall budget, the portion 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.
§ 1.2.2.3 The City's Designated Representative identified in Section 1.1.3 shall be authorized to act on the City's
behalf with respect to the Project. The City or the City's 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 City shall furnish the services of consultants other than those designated in Section 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 City 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 City shall fumish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the City's needs and interests.
§ 1.2.2.7 The City shall provide prompt written notice to the Architect if the City becomes aware of any fault or
defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service.
§ 12.3 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 performed as expeditiously as is consistent with professional skill and care
and the orderly progress of the Project. The Architect shall submit for the City's approval a schedule for the
performance of the Architect's services which initially shall be consistent with the time periods established in
Section 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 City's review, for the performance of the City's consultants, and for
approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule
approved by the City shall not, except for reasonable cause, be exceeded by the Architect or City.
§ 1.2.3.3 The Architect's Designated Representative identified in Section 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
City, unless withholding such information would violate the law, create the risk of significant harm to the public or
prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require
AIA Document 8141 r° —1997 Part I. Copyright C 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1968, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 112825 on 06/06/2005 under Order
No.10001477961 which expires on 11/19/2005, and is not for resale.
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of the Architect's consultants similar agreements to maintain the confidentiality of information specifically
designated as confidential by the City.
§ 1.2.3.5 Except with the City's 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.
§ 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.
§ 12.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information
furnished by the City. The Architect shall provide prompt written notice to the City 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 City 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
City 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 City.
§ 1.32 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 Citys 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 City a nonexclusive license to reproduce the
Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided
that the City 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. Any termination of this Agreement prior to completion of the Project shall terminate this license.
Upon such termination, the City shall refrain from making further reproductions of Instruments of Service and shall
return to the Architect within seven days of termination all originals and reproductions in the City's possession or
control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be
deemed terminated and replaced by a second, nonexclusive license permitting the City to authorize other similarly
credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or
additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project.
§1.3.2.3 Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or
implied under this Agreement. The City 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 City shall
be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to
reproduce applicable portions of the Instmments of Service appropriate to and for use in their execution of the Work
by license granted in Section 1.3.2.2. Submission or distribution of Instmments 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 City shall not use the
Instruments of Service for future additions or alterations to this Project or for other projects, unless the City obtains
the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the
AIA Document 8141 nh -1997 Part 1. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 112825 on 06/06/2005 under Order
No.1000147796_1 which expires on 11/19/2005, and is not for resale.
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Instruments of Service shall be at the City's sole risk and without liability to the Architect and the Architect's
consultants.
§ 1.3.2.4 Prior to the Architect providing to the City any Instruments of Service in electronic form or the City
providing to the Architect any electronic data for incorporation into the Instruments of Service, the City and the
Architect shall by separate written agreement set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this
Agreement.
§ 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. Changes, modifications, or
amendments in scope, price or fees to this agreement shall not be allowed without a prior formal contract
amendment approved by the Mayor and the City Council in advance of the change in scope, cost or
fees.CityCityCity 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 Section 1.5.2, and to any Reimbursable Expenses
described in Section 1.3.9.2 and Section 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 City 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 City not rendered in a timely manner;
.4 significant change in the Project including, but not limited to, size, quality, complexity, the City's
schedule or budget, or procurement method;
. 5 failure of performance on the part of the City or the City's 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.
(Paragraphs deleted)
§ 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Architect and the City waive consequential damages for claims, disputes or other 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 party's termination in accordance with Section 1.3.8.
§ 1.3.7 MISCELLANEOUS PROVISIONS
§ 1.3.7.1 This Agreement shall be governed by the law of the State of Arkansas, unless otherwise provided in
Section 1.4.2.
§ 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201,
General Conditions of the Contract for Construction, current as of the date of this Agreement.
§ 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.
AIA Document 13141TP —1997 Part 1. Copyright C 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Trestles.
Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:28:25 on 06/06/2005 under Order
No.1000147796_1 which expires on 11/19/2005, and is not for resale.
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§ 1.3.7.4 To the extent damages are covered by property insurance during construction, the City and the Architect
waive all rights against each other and against the contractors, consultants, agents and employees of the other for
damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA
Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The
City or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of
them similar waivers in favor of the other parties enumerated herein.
§ 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 City 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 City's confidential or proprietary information if the City has previously advised the Architect in writing of the
specific information considered by the City to be confidential or proprietary. The City shall provide professional
credit for the Architect in the City's promotional materials for the Project.
§ 1.3.7.8 If the City requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall
not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of
this Agreement.
§ 1.3.7.9 The City 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 covenants of this Agreement. Neither the City nor the Architect shall assign
this Agreement without the written consent of the other, except that the City may assign this Agreement to an
institutional lender providing financing for the Project. In such event, the lender shall assume the City's 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 City 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 City. In the event of a suspension of services, the
Architect shall have no liability to the City for delay or damage caused the City because of such suspension of
services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses
incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining
services and the time schedules shall be equitably adjusted.
§ 1.3.8.2 If the Project is suspended by the City 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 days' written 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.
AIA Document B141". -1997 Port 1. Copyright 01917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of thls AIC Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 1128:25 on 06/06/2005 under Order
No.1000147796_1 which expires an 11/19/2005, and is not for resale.
User Notes: (1787882360)
§ 1.3.8.5 This Agreement may be terminated by the City upon not less than seven days' written notice to the
Architect for the City'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 Section 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.
1.3.9.1.1 Monthly invoicing for Needs Assessment services shall be based upon the percentage of completion for the
work stipulated in Document B727.
1.3.9.1.2 Monthly invoicing for services stipulated in Documents B141 shall be determined in accordance with the
percentage of work completed for each phase of the work, where the percentage of each phase as it relates to the
total service is as follows:
Schematic Design Phase Fifteen percent (15%n)
Design Development Phase Twenty percent (20%)
Construction Documents Phase Forty percent (40%)
Bidding Phase Five percent (5%)
Construction Contract Administration Phase Twenty percent (20%)
§ 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 City;
. 5 renderings, models and mock-ups requested by the City;
. 6 expense of professional liability insurance dedicated exclusively to this Project or the expense of
additional insurance coverage or limits requested by the City in excess of that normally carried by the
Architect and the Architect's consultants;
.7 reimbursable expenses as designated in Section 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 City or the
City's 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.
AIA Document 8141 n' —1997 Part 1. Copyright O 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:28:25 on 06/06/2005 under Order
No.1000147796_1 which expires on 11/19/2005, and is not for resale.
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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 City 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 City and Architect. This
Agreement comprises the documents listed below.
§ 1.4.1.1 Standard Form of Agreement Between City and Architect, AIA Document B 141-1997.
§ 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B 141-1997, or
as follows:
(List other documents, if any, delineating Architect's scope of services.)
§ 1.4.1.3 Other documents as follows:
(List other documents, if any, forming part of the Agreement.)
AIA Document B727, Standard Form of Agreement Between Owner and Architect for Special Services.
§ 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
1.4.2.1 Architects shall maintain the following insurance amounts, generally stated as follows:
Professional Liability $1,000,000;
Commercial Liability, including Automobile: $1,000,000;
Workers' Compensation Statutory
1.4.2.2 "Freedom of Information Act". City contracts and documents prepared while performing City contractual
work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented
to the City of Fayetteville, WEPA will do everything possible to provide the document in a prompt and timely
manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally
authorized photocopying costs pursuant to the FOIA may be assessed for this compliance.
ARTICLE 1.5 COMPENSATION
§ 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows:
1.5.1.1 For Needs Assessment Study, as stipulated in Document B727.
1.5.1.2 For Design and Construction Contract Administration Services stipulated in Document B141, a percentage
of construction cost of the work* plus reimbursables, whereby cost of the work is utilized to determine the
percentage of fee in accordance with attached Exhibit A, and whereby Police and Court facilities are considered as
"Group 2", and all other Departments for consideration are considered "Group 3".
* Construction Cost of the Work will be developed in the Needs Assessment Study for each separately identified
construction project as a Statement of Probable Construction Cost, including contingencies, and shall be agreed
upon by the City of Fayetteville.
§ 1.52 If the services of the Architect are changed as described in Section 1.3.3.1, 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 Section 1.5.2, in an equitable manner.
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and
employees, and identify Principals and classify employees, if required. Identify specific services to which particular
methods of compensation apply.)
The basis of compensation will be equitably determined by mutual agreement between the City and Architect at the
time of any change in services occurring after the initiation of design services for any specific construction project
AIA Document 8141 Th —1997 Part 1. Copyright m 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 112825 on 06/06/2005 under Order
No.1000147796_1 which expires on 11/19/2005, and is not for resale.
User Notes: (1787882360)
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identified through the Needs Assessment Study. The basis shall be the value of the work multiplied by the
corresponding fee percentage stated in Exhibit A, or hourly at the rates listed below:
Principals $105.00
Project Manager $ 80.00
Technical Staff $ 55.00
Administrative ---$ 55.00
Designated principals are James Estes and Cliff Wilson.
§ 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of
one -point -one ( 1.1) times the amounts billed to the Architect for such services.
§ 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as
Reimbursable Expenses, the compensation shall be computed as a multiple of one -point -one ( 1.1) 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:
Not applicable.
§ 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, subject to approval by the City
Council, if occurring before the initiation of design and construction services on any specific construction project.
§ 1.5.7 An initial payment of zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the City'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 thirty ( 30 ) days from the date of the Architect's invoice..
(Insert rate of interest agreed upon.)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws
and other regulations at the City's and Architect's principal places of business, the location of the Project and
elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions
or modifications, and also regarding requirements such as written disclosures or waivers.)
§ 1.5.9 If the services covered by this Agreement have not been completed within a time to be determined at the
outset of any specific construction project, through no fault of the Architect, extension of the Architect's services
beyond that time shall be compensated as provided in Section 1.5.2.
This Agree ent entered into as of the day and year first written above.
CRY
(Sig ature)
Dan Coody, Mayor
Tr
(Signature) .
James Este Principal
(Printed name and title) n (Printed n me and title)
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=U FAVER�1 Lsi °Smi City Clem/�/��` �
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tttt on No.1000147796_1 which expires on 11/19/2005, and is not for resale.
User Notes:
ument 8141 rrr —1997 Part 1. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
n Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties.
uthorlzed reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be
osecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:28:25 on 06/06/2005 under Order
(1787882360)
10
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tgAIA Document B141Th —1997 Part 2
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 City, 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 City and the City'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 City, 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.
§ 2.1.4 Upon request of the City, the Architect shall make a presentation to explain the
design of the Project to representatives of the City.
§ 2.1.5 The Architect shall submit design documents to the City at intervals appropriate to
the design process for purposes of evaluation and approval by the City. The Architect shall
be entitled to rely on approvals received from the City in the further development of the
design.
§ 2.1.6 The Architect shall assist the City in connection with the City's responsibility for
filing documents required for the approval of governmental authorities having jurisdiction
over the Project.
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the
original AIA standard form. An
Additions and Deletions Report
that notes added intonation as
well as revisions to the standard
form text is available from the
author and should be reviewed.
A vertical line in the left margin of
this document indicates where
the author has added necessary
information and where the author
has added to or deleted from the
original AIA text.
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
AIA Document B141 ^' —1997 Part 2. Copyright C 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe MAI and criminal penalties, and will be
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User Notes: (668218919)
• •
§ 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK
§ 2.1.7.1 Through the Needs Assessment Study defined in Document B727, 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 City 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 City's budget, the Architect shall make appropriate recommendations to the City to adjust the Project's
size, quality or budget, and the City shall cooperate with the Architect in making such adjustments.
§ 2.1.7.2 Evaluations of the City'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 City
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 City's 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 City's budget for the Cost of the Work. If an increase in the Contract Sum occurring after
execution of the Contract between the City 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 City, 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 1f the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the
City shall:
.1 give written 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;
. 3 terminate in accordance with Section 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 City chooses to proceed under Section 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 Section 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 Section 2.8.3, the services in this Article 2.2 shall be provided by the City or
the City's consultants and contractors.
§ 2.2.1.1 The Needs Assessment Study defined in Document B727, Cityshall furnish a program setting forth the
City's objectives, schedule, constraints and criteria, including space requirements and relationships, special
equipment, systems and site requirements.
§ 2.2.1.2 The City 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
AIA Document 8141 nr —1997 Part 2. Copyright C 1917 1926 1948 1951 1953 1958 1961 1963 1966 1967 1970 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright taw and International Treaties.
Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In severe clWl and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:09:08 on 06/06/2005 under Order
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User Notes: (668218919)
2
• •
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 City shall furnish services of geotechnical engineers which may include but are not limited 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 City under this
Agreement, including the City'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 City of any other information or consultant services that may be reasonably
needed for the Project.
§ 2.32 The Architect shall provide a preliminary evaluation of the City's site for the Project based on the
information provided by the City of site conditions, and the City's program, schedule and budget for the Cost of the
Work.
§ 2.3.3 The Architect shall review the City's proposed method of contracting for construction services and shall
notify the City of anticipated impacts that such method may have on the City's program, financial and time
requirements, and the scope of the Project.
ARTICLE 2.4 DESIGN SERVICES
§ 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering
services.
§2.4.2 SCHEMATIC DESIGN DOCUMENTS
§ 2.42.1 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 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, typical 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 City in the
development and preparation of: (1) bidding and procurement information which describes the time, place and
conditions of bidding; bidding or proposal forms; and the form of agreement between the City 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.
AIA Document B14111.— 1997 Part 2. Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:09:08 on 06/06/2005 under Order
No.1000107796_1 which expires on 11/19/2005, and is not for resale.
User Notes: (668218919)
3
• •
ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES
§ 2.5.1 The Architect shall assist the City in obtaining either competitive bids or negotiated proposals and shall assist
the City in awarding and preparing contracts for construction.
§ 2.5.2 The Architect shall assist the City in establishing a list of prospective bidders or contractors.
§ 2.5.3 The Architect shall assist the City in bid validation or proposal evaluation and determination of the successful
bid or proposal, if any. If requested by the City, 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.
§ 2.5.4.2 If requested by the City, the Architect shall arrange for procuring the reproduction of Bidding Documents
for distribution to prospective bidders. The City shall pay directly for the cost of reproduction or shall reimburse the
Architect for such expenses.
§ 2.5.4.3 If requested by the City, 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 City's 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 to all prospective bidders in the form of addenda.
§ 2.5.4.7 The Architect shall participate in or, at the City's direction, shall organize and conduct the opening of the
bids. The Architect shall subsequently document and distribute the bidding results, as directed by the City.
§ 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 City, the Architect shall arrange for procuring the reproduction of Proposal Documents
for distribution to prospective contractors. The City shall pay directly for the cost of reproduction or shall reimburse
the Architect for such expenses.
§ 2.5.5.3 If requested by the City, 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 City, the Architect shall assist the City during negotiations with prospective contractors.
The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the City.
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 City and the Contractor as set forth
below and in the edition of AIA Document A201, 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
AIA Document 81411v —1997 Part 2. Copyright C 1917 1926 1948 1951 1953 1958 1961 1963 1866 1967 1970, 1974, 1977 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIAs Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIAe Document, or any portion of 11, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:09:08 on 06/06/2005 under Order
No.1000147796_1 which expires on 11/192005, and is not for resale.
User Notes: (668218919)
4
I
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 City of the
final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with
Section 2.8.2 when Contract Administration Services extend 60 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 City during the provision of
the Contract Administration Services. The Architect shall have authority to act on behalf of the City 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 City 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 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 performance of the City and Contractor under,
and requirements of, the Contract Documents on written request of either the City 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 City 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 City
and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to
aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.
§ 2.6.2 EVALUATIONS OF THE WORK
§ 2.62.1 The Architect, as a representative of the City, shall visit the site at intervals appropriate to the stage of the
Contractor's operations, or as otherwise agreed by the City and the Architect in Article 2.8, (1) to become generally
familiar with and to keep the City informed about the progress and quality of the portion of the Work completed, (2)
to endeavor to guard the City against defects and deficiencies in the Work, and (3) to determine in general if the
Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the
Contract Documents. However, the Architect shall not 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 City 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 responsible for the Architect's negligent acts or omissions, but shall not have control over or
AIA Document 8141 Ta —1997 Part 2. Copyright m 1917,1926,1948,1951, 1953. 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. 5
Unauthorized reproduction or distribution of this NA' Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:09:08 on 06/06/2005 under Order
No.1000147796_I which expires on 11/19/2005, and is not for resale.
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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 wherever it is in preparation or progress.
§ 2.61.4 Except as otherwise provided in this Agreement or when direct communications have been specially
authorized, the City 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 City,
based on the Architect's evaluation of the Work as provided in Section 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 (1) to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to
correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications
expressed by the Architect.
§ 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (I) made
exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the City 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 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 City, 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 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
AIA Document B141 re —1997 Part2. Copyright C 1917,1926,1948,1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIAs Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 1209:08 on 06/062005 under Order
No.1000147796_i whits expires on 11/19/2005, and is not for resale.
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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 City's 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 Section 2.8.2.
§ 2.6.52 The Architect shall review properly prepared, timely requests by the City 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 City
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 Contract Time or Contract Sum, the Architect shall make a
recommendation to the City, 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 City's approval, the Architect shall incorporate those estimates into a Change Order or other
appropriate documentation for the City's 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 Completion and the
date of final completion, shall receive from the Contractor and forward to the City, for the City's review and
records, written warranties and related 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 City's 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 City 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 City: (1) 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 City against liens.
ARTICLE 2.7 FACILITY OPERATION SERVICES
§ 2.7.1 The Architect shall meet with the City or the City's Designated Representative promptly after Substantial
Completion to review the need for facility operation services.
§ 2.7.2 Upon request of the City, and prior to the expiration of one year from the date of Substantial Completion, the
Architect shall conduct a meeting with the City and the City's Designated Representative to review the facility
operations and performance and to make appropriate recommendations to the City.
ALA Document 8141 ^e —1997 Part2. Copyright C 1917,1926, 1948, 1951, 1953,1958.1961, 1963, 1966, 1967, 1870, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the taw. This document was produced by ALA software at 12:09:08 on 06/06/2005 under Order
No.1000147796_1 which expires on 11/192005, and is not for resale.
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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 Section 1.3.3:
.1 up to three ( 3 ) reviews of each Shop Drawing, Product Data item, sample and similar
submittal of the Contractor.
.2 up to four visits each month to the site by the Architect over the duration of the Project(s) during
construction.
.3 up to three ( 3 ) 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 three ( 3 ) 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 Section 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
City -provided information, 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 City's consultants, the Contractor or
others in connection with the Work;
.6 evaluation of substitutions proposed by the City's 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 City;
or
.8 Contract Administration Services provided 60 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
(Architect, Owner or
Not Provided
Location of Service Description
.1 Programming
Architect
document 6727*
.2 Land Survey Services
.3 Geotechnical Services
.4 Space Schematics/Flow Diagrams
.5 Existing Facilities Surveys
Architect
—Document 6727*
.6 Economic Feasibility Studies
.7 Site Analysis and Selection
—Architect
—Document 8727*
,8 Environmental Studies and Reports
,9 Owner -Supplied Data Coordination
.10 Schedule Development and Monitoring
.11 Civil Design
Architect
—6141 Article 1.1.3.5
.12 Landscape Design
—Architect
—6141 Article 1.1.3.5
.13 Interior Design
.14 Special Bidding or Negotiation
.15 Value Analysis
.16 Detailed Cost Estimating
.17 On -Site Project Representation
.18 Construction Mana ement
AIA Document 8141 *a —1997 Part2. Copyright @1917.1926,1948,1951.1953,1958,1961.1963,1966.1967,1970. 1974. 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International treaties. 8
Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:09:08 on 06/06/2005 under Order
No.1000147796 1 which expires on 11/19/2005, and is not for resale.
User Notes: (668218919)
Services
Responsibility
(Architect, Owner or
Not Provided)
Location of Service Description
.19 Start-up Assistance
20 Record Drawings
21 Post -Contract Evaluation
.22 Tenant -Related Services
23
24
25
Description of Services.
(Insert descriptions of the services designated.)
I *Scope of Services is defined in Document B727.
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:
Not Applicable.
By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications
hereto are incorpo ted into the Standard Form of Agreement Between the City and Architect, AIA Document
B 141-1997, thaOasv entered into by the pary'Fs as of the date:
CITY
Dan Coody, Mayo
(Printed name and
Attest:
Sondra Smith, rCCity Cler �Mi
C� i4 1Uerkl fAj4 St4?V J
.,
Y0
;FAYLIiEVILLE;
AIA Document 8141 n' -1997 Part 2. Copyright ® 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:09:08 on 06/06/2005 under Order
No.1000147796_1 which expires on 11/19/2005, and is not for resale.
User Notes: (668218919)
• •
Exhibit A
Standard ArchitecturallEngineering (AIE) Fee Schedule
The fee percentages on this schedule are based upon the basic standard services described in the American
Institute of Architects (AIA) Document B141-1997.
"Facility Cost" refers to the Construction Cost of the work as defined in Article 1.3.1 of the AIA Document
B 141 Standard Form of Agreement Between Owner and Architect
Projects involving renovation:
For projects involving renovation, the fee percentages below shall be increased 1.5% for the portion of the
Work involving renovation.
Facility Cost Group 1 Group 2 Grou 3 191 Facility Cost II Group 1 Group 211 Group3
$1,000,000 10.92% 9.51% 8.10% 101 $3,800,000 II 9.61% 8.28% II 6.95%
$1,100,000 10.84% 9.43% 8.02% fli $3,900,000 9.58% 8.26% 6.93%
$1,200,000 10.76% 9.36% 7.95% 9I $4,000,000 9.56% 8.23% II 6.91%
$1,300,000 10.69% II 9.29% II 7.88% 101 $4,100,000 9.53% 8.21% 6.88%
$1,400,000 I 10.62% 9.23% 7.82% 191 $4,200,000 II 9.50% 8.18% 6.86%
$1500000 10.56% 9.16% fl 7.76% 101 $4,300,000 II 9.48% II 8.16% 6.84%
$1,600,000 10.50% 9.10% II 7.71% 191 $4,400,000 9.45% 8.14% 6.82%
$1,700,000 II 10.44% II 9.05% II 7.65% 101 $4,500,000 II 9.42% 8.11% II 6.80%
$1,800,000 10.39% 9.00% 7.61% 0 $4,600,000 II 9.40% I 8.09% 6.78%
$1,900,000 10.33% 8.95% 7.56% 101 $4,700,000 I 9.38% 8.07% 6.76%
$2,000,000 10.28% 8.90% II 7.51% 191 $4,800,000 II 9.35% 8.05% II 6.74%
$2,100,000 10.23% 8.85% fl 7.47% 191 $4,900,000 9.33% 8.03% 6.73%
$2,200,000 II 10.19% II 8.81% II 7.43% 191 $5,000,000 II 9.31% 8.01% 6.71%
$2,300,000 10.14% 8.77% 7.39% j91 $5,100,000 II 9.28% 7.99% II 6.69%
$2,400,000 10.10% 1 8.73% 7.36% lOt $5,200,000 9.26% 1 7.97% 6.67%
$2,500,000 10.06% 8.69% II 7.32% 101 $5,300,000 1 9.24% 7.95% II 6.65%
$2,600,000 I 10.02% 8.65% II 7.29% 191 $5,400,000 II 9.22% 1 7.93% II 6.64%
$2,700,000 II 9.98% ii 8.62% 7.25% 101 $5,500,000 9.20% II 7.91% II 6.62%
$2,800,000 II 9.94% 1 8.58% II 7.22% 191 $5,600,000 II 9.18% 7.89% II 6.61%
$2,900,000 9.90% II 8.55% I 7.19% $5,700,000 II 9.16% 7.87% 6.59%
$3,000,000 I 9.87% 8.51% 7.1% 191 $5,800,000 1 9.14% 7.85% 6.57%
$3,100,000 9.83% fl 8.48% 7.13% 191 $5,900,000 1 9.12% 7.84% 6.56%
$3,200,000 9.80% 8.45% 7.10% 191 $6,000,000 9.10% 7.82% 6.54%
$3,300,000 9.77% II 8.42% 7.08% 101 $6,100,000 9.08% 7.80% 6.53%
$3,400,000 1 9.73% 8.39% II 7.05% 191 $6,200,000 II 9.06% 7.79% 6.51%
$3,500,000 9.70% 8.36% 7.03% 191 $6,300,000 II 9.04% 7.77% 6.50%
$3,600,000 9.67% 1 8.34% 7.00% 191 $6,400,000 9.02% II 7.75% II 6.48%
$3,700,000 9.64% 8.31% 6.98% 191 $6,500,000 II 9.00% 7.74% 6.47%
Facility Cost Group 1if_ Group 2 Group3 Dl Facility Cost 1 Group 1 II Group 2 Group 3
$6,600,000 8.99% II 7.72% 6.46% 9 $8,900,000 II 8.63% 7.41% 6.19%
$6,700,000 8.97%1I7.71% 6.44% 191 $9,000,000 II 8.61% II 7.40% 6.18%
$6,800,000 1 8.95% 7.69% 1 6.43% 0 $9,100,000 8.60% II 7.38% II 6.17%
$6,900,000 II 8.93% 7.68% II 6.42% 191 $9,200,000 II 8.59% 1 7.37% II 6.16%
$7,000,000 8.92% II 7.66% 6.40% 191 $9,300,000 8.58% 7.36% 6.15%
$7,100,000 II 8.90% 7.65% II 6.39%. 191 $9,400,000 8.56% 7.35% II 6.14%
$7,200,000 8.88% 7.63% 638% DI $9,500,000 8.55% 7.34% 6.13%
$7,300,000 8.87% II 7.62% 6.37% 191 $9,600,000 8.54% II 7.33% 6.12%
$7,400,000 8.85% 7.60% II 6.35% 191 $9,700,000 II 8.53% 7.32% 6.11%
$7,500,000 8.83% 7.59% 6.34% 191 $9,800,000 8.51% 7.31% 6.10%
$7,600,000 8.82% 7.57% 1 6.33% 9 $9,900,000 I 8.50% 7.30% 6.09%
$7,700,000 8.80% 1 7.56% 6.32% 11 I $10,000,000 8.49% 7.28% 6.08%
$7,800,000 8.79% II 7.55% 6.31% 191 $10,100,000 8.48% 7.27% 6.07%
$7,900,000 8.77% 7.53% 6.29% 191 $10,200,000 8.47% 7.26% 6.06%
$8,000,000 1 8.76% II 7.52% 6.28% 191 $10,300,000 8.45% 7.25% 6.05%
$8,100,000 8.74% 7.51% II 6.27% 191 $10,400,000 1 8.44% 7.24% 6.04%
$8,200,000 8.73% 7.49% II 6.26% J9 $10,500,000 8.43% 7.23% 6.03%
$8,300,000 8.71% 7.48% 6.25% a $10,600,000 II 8.42% 7.22% II 6.02%
$8,400,000 Ij 8.70% 7.47% II 6.24% 9 $10,700,000 8.41% 7.21% 6.01%
$8,500,000 8.69% 7.46% 6.23% 191 $10,800,000 8.40% 7.20% 6.00%
$8,600,000 8.67% 7.44% 6.22% 191 $10,900,000 8.38% 7.19% 5.99%
$8,700,000 8.66% 1 7.43% II 6.21% 191 $11,000,000 8.37% 7.18% 5.98%
$8,800,000 8.64% 7.42% 6.20% 00000
"Group 1" facilities are those of more than the average degree of Design Difficulty. Examples are as
follows:
Art Galleries, Auditoriums, College Building with Special Facilities, Communications Building, Complex
Engineering Projects, Courthouses, Developmental Centers, Extended Care Facilities, Historical
Monuments, Hospitals, Laboratories (Prod, & Research), Maximum Security Correctional Facilities,
Medical Office Facilities and Clinics, Museums, Residences — Institutional, Schools for the Blind, Schools
for Hearing Impaired, Sewage Treatment Plants, Theaters (performing), Power Plants, Veterinary
Hospitals, Veterans Hospitals, and Water Treatment Plants.
"Group 2" facilities are those with an average degree of Design Difficulty. Examples are as follows:
College Classroom Facilities, Convention Facilities, Dietary Facilities/Restaurants, Dining Halls
(Institutional), Dormitories, Gymnasiums, Laundry Facilities, Medium and Minimum Security Correctional
Facilities, Office Buildings, Park/Playground and Recreational Facilities, Police Stations, Schools
(Elementary and Secondary), Science Labs (Teaching), Stadiums, Theatres, Transportation Terminals,
Complex Electrical Distribution, Fire Stations/Power Plants, Vocational Schools, Computer Rooms, and
Libraries.
"Group 3" facilities are those of less than the average degree of Design Difficulty. Examples are as
follows:
Apartments, Armories, Cold Storage Facilities, Farm Structures, Hangars, Industrial Buildings, Parking
Structures and Repetitive Garages, Shop & Maintenance Buildings, Simple Industrial Buildings,
Warehouses, Fences, Guard Towers, and Site Work (Water/Sewer/Roads, etc.). 2001
L
FEE PROPOSAL ITEMIZATION
EXHIBIT B
Task 1: Current Space (This task will actually occur after the on -site information gathering that occurs in Task 2).
1.1
On -site inventory of current space
Proj. Manager
$80
20
$1,600
Technical
$55
20
$1,100
1.2
As -built drawings
Proj. Manager
$80
3
$ 240
Technical
$55
24
$1,320
$ 4,260
Task 2: Programming
Sub -task
Personnel
Rate
Hours
Cost
2.1
On -Site Information Gathering
Principals
$105
68
$ 7,140
2.2
Growth Analysis
Principal
$105
16
$ 1,680
Ad. Assist.
$ 55
6
$ 330
2.3
Work Station Standards Development
Principal
$105
24
$ 2,520
Technical
$ 55
18
$ 990
2.4
Square Footage Development
Principal
$105
60
$ 6,300
Ad. Assist.
$ 55
20
$ 1,100
2.5
Adjacency Relationship diagramming
Principal
$ 95
3
$ 285
Ad. Assist.
$ 55
12
660
$21,005
Task 3: Development Options
Sub -task
Personnel
Rate
Hours
Cost
3.1
Renovation Analysis
Principal
$105
32
$
3,360
Proj. Manager
$ 80
16
$
1,280
Technical
$ 55
16
$
880
3.2
New Construction Analysis
Principal
$105
8
$
840
3.3
Site Master planning
Principal
$105
32
$
3,360
Proj. Manager
$ 80
32
$
2,560
Technical
$ 55
24
$
1,320
3.4
Cost Estimates
Principal
$105
24
$
2,520
3.5
Comparative Analysis, New vs. Renovation
Principal
$105
32
3,360
Task 4: Documentation
Sub -task Personnel Rate Hours Cost
4.1 Synthesize Study Process
and Findings in a Formal Report Principal $105 16 $ 1,680
Ad. Assist. $ 55 40 2,200
$ 3,880
TotalFee..................................................................................................................................... $48,625
�S
FAYETTEVI#LE • ;;
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDEN
June 2j, 2005 City Council Meeting
TO: Mayor Dan Coody and Fayetteville City Council
THROUGH: Stephen Davis, Financial and Internal Services Director/J)
FROM: Coy Hurd, Project Manager
DATE: June 1, 2005
SUBJECT: A resolution approving a contract with Wilson Estes Police Architects for a
space needs study regarding the future utilization of five city -owned
buildings (Police and Courts Building, Planning and Engineering Building,
Interim City Hall Building, Fire Station #3 Replacement, and, the Tyson
Complex). Approval is requested for the contract amount, five percent
contingency, and an amount for reimbursables (the total amount of
$54,282).
Recommendation: Staff recommends the acceptance of the attached contract (in the
amount of $48,625) with Wilson Estes Police Architects for this study. The Staff further
recommends the authorization of a five percent contingency and a reimbursable fund.
The study will be the basis of the programming of renovation work to be done at the
Tyson Building (and other city buildings) as Staff needs are identified and evaluated.
Background: On May 2, 2005, the Architect Selection Committee met to reach
consensus regarding the selection of an architectural firm to design renovations at the
recently purchased Tyson property. The committee unanimously chose Wilson Estes
Police Architects to do this work. Since that time, negotiations have been ongoing
regarding the fee for the first phase of the work: a space needs and allocation study of
five city -owned (and proposed) buildings, considering the pending relocation of
appropriate City Staff to the Tyson Complex and the construction of the replacement of
Fire Station #3. It is anticipated that this study will result in recommendations from the
architects as to which Staff should relocate to the property.
June 1, page two
Discussion: The last comparable space needs study was completed in 1991 by the Roth
and Shepard Firm. In reviewing the scope of the 1991 study and the amount of funds
which the City invested in that work, Wilson Estes' proposal would certainly seem to be
a good value.
The Roth Study considered the needs for the Police operations and the
Court operations in one building (the Police and Courts Building) for a fee of $18,000.
For comparison sake, an $18,000 fee in 1991 would be the equivalent of $28,080 in 2005
dollars (assuming a conservative inflation rate of four percent per year). The present
Wilson proposal is $48,625 for a study of five city -owned buildings involving all
Divisions of the Fayetteville Police Department, including evidence; District Court;
Prosecutor; Fire Station Number Three, including Fire Administration and Fire Marshals;
Fire Training Center; and Development Services, including Planning, Engineering,
Building Safety, Code Enforcement, and Building Services. The Assessment will include
an evaluation of the existing space at 1851 East Huntsville Road (at $9,725 per facility).
Budget Impact: Along with the fee of $48,625, Staff requests the authorization of a five
percent contingency fund ($2,431), and $3,226 for reimbursable expenses. The total
would then be $54,282. This amount is currently budgeted and resides in Account
Number 4470 9470 5314 00.
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT
OF $48,625.00 WITH WILSON ESTES POLICE ARCHITECTS FOR
A SPACE NEEDS STUDY FOR FUTURE UTILIZATION OF FIVE
(5) CITY -OWNED BUILDINGS; APPROVING A 5%
CONTINGENCY IN THE AMOUNT OF $2,431.00; AND
APPROVING $3,226.00 IN REIMBURSABLE EXPENSES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville hereby
approves a contract in the amount of $48,625.00 with Wilson Estes Police
Architects for a space needs study for future utilization of five (5) city -owned
buildings. A copy of the contract, marked Exhibit "A" is attached hereto and
made a part hereof.
Section 2. That the City Council of the City of Fayetteville hereby
approves a 5% contingency in the amount of $2,431.00.
Section 3. That the City Council of the City of Fayetteville ey
approves $3,226.00 in reimbursable expenses.
PASSED and APPROVED this 21st day of Jun%i
APPROVHI
° DANrt ,. ODY, Mayor
1 ft"\
ATTEST:.
By: •''
ONDRA SMITH, City Clerk
City of Fayetteville •
Staff Review Form
2$ -Jun -05
City Council Meeting Date
Coy Hurd Building Services Financial and Internal Services
Submitted By Division Department
Action Required:
The required action is the approval of a contract with Wilson Estes Police Architects for a space needs study
regarding the future utilization of five city -owned buildings. Approval is requested for the contract amount, a five
percent contingency fund , and for reimbursables. Please refer to attached memo and contract.
$54,282.00
Cost of this request
4470 9470 5314 00
Account Number
05006
Project Number
Budgeted Item
$842,000
Category/Project Budget
0
Funds Used to Date
$ 842, 000.00
Remaining Balance
Budget Adjustment Attached
Fire Station #3 - expansion
Program Category / Project Name
Fire Safety Improvements
Program / Project Category Name
Sales Tax Captial Improvement Fund
Fund Name
Previous Ordinance or Resolution #
Depdrtm tneDirector Date Original Contract Date:
( , Original Contract Number:
City Attorney
Received in City Clerk's Office
ilk � J �
Fina ce an Internal Service Director Date
Clarice Pearman - Res. 111.05 age1i
From: Clarice Pearman
To: Hurd, Coy
Date: 6/24/05 9:21 AM
Subject: Res. 111-05
Coy,
Attached is a copy of the resolution passed by City Council, June 21, 2005 regarding a space needs
study. I am returning to you one of two originals via interoffice mail.
Thanks.
Clarice
CC: Deaton, Vicki