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HomeMy WebLinkAbout17-06 RESOLUTION• RESOLUTION NO. 17-06 A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF $70,000.00 WITH WITTENBERG, DELONY & DAVIDSON FOR DESIGN AND OVERSIGHT OF THE REPLACEMENT FOR CURRENT FIRE STATION #5. 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 $70,000.00 with Wittenberg, Delony & Davidson for design and oversight of the replacement for current Fire Station #5. A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof. PASSED and APPROVED this 7th day of February, 2006 ..`C/T•R '"ii • _c3° :FAYETTEVILLE; :a3 v°qNuu,,P�•? • • .��';°R 5 ATTEST: ;tico,, "TON ..a By: Ovr ilA %bb Ati SONDRA SMITH, City Clerk APPROVED: By: I► aPt-- DAN COODY, Mayor • • • • • • aid IA Document BI5ITM -1997 Atibr_eviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the day of an words, indicate day, month and year) in the year :1 BETWEEN the Architect's client identified as the City: (Name, address ,and other.information) City of Fayetteville 1i13 West:Mountain Fayetteville, Arkansas andihe7Architect: (Name, (addressand otherinformation) Wittenberg Delony & Davidson, Inc 2434 East Joyce;ldeWWd., Suite 10 Fayetteville, Alt '72703 ' Telephone Number: (479) 442-6681 FarNumber: (479) 25143231 ii•• 4 ForbeollowingiProjecC Incde;letailed description of Project) CitylofFeyetteville - Fire,Station No 5 Crossover &iOldWireRoads 'Fayetteville, AR 72701 Replacement.for current Fire Station No. 5. A 5,000 square foot fire station including site work,St6liitectural, mechanical, electrical, structural and associated systems. The design wdlemclude compliance with local governing authorities having jurisdiction over the work. 'The iwoik wilhbe abased on the of the previous "proto-type' design with minimal elianges. The City 'cif Fayetteville and Architect agree as follows. 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 original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B151TM —1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Docuinent is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this me Document, or any portion of It, may result In severe civil end criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:39:38 on 01/13/2006 under Order No.1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (1029215292) 1 • • '• . ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The services performed by the Architefl, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. 51:2'TheArchitect'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 of Fayetteville's approval a schedule belie performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the City of Fayetteville review and for approval of submissions by:authorities havingjurisdiction 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 the City. §13 The Architect shill [designate a representative authorized to act on behalf of the Architect with respect to the Project. '§ 9:4 Theiservices,covered by this Agreement are subject to the time limitations contained in Section 11.5.1. A'RTICL'E1,2 SCOPE OF ARCHITECT'S BASIC SERVICES §'2.1;DE NITION The Afph''tect'.s Ba3ic Set -Vices consist of those described in Sections 2.2 through 2.6 and any other services ident>fed inAftiele 12-aspart of Basic Services, and include normal structural, mechanical and electrical engineeringservices. 52121SCH MATIC'IDESIGN1PHASE §;2;2.1 TheArchitect shall review the program furnished by the City to ascertain the requirements of the Project and shalllairive at a'rnutual.understanding of such requirements with the City. § 2:22=The Architect Mall iprovide a preliminary evaluation of the City of Fayetteville program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Section 5.2.1. !52:2:3 1e:Arctiitect shall review with the City alternative approaches to design and construction of the Project. !§;22:4)Based'onithetfnutually agreed-upon program, schedule and construction budget requirements, the Architect shall' prepare, ifo[rapproval'by the City, Schematic Design Documents consisting of drawings and other documents llustratjngrthescale and relationship:of Project components. §:2,2,5 The.Architect shall submit to the City a preliminary estimate of Construction Cost based on current area, vo1umerr!similar rconceptual estimating techniques. §2:3 DESIGN DEVELOPMENT'' PHASE Based on the approved Schematic Design Documents and any adjustments authorized by the City in the program, schedule or construction budget, the Architect shall prepare, for approval by the City, Design Development Documentscohsistingref elrawings and other documents to fix and describe the size and character of the Project as to ardiitectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 512.3.2 The.Arehitect shall advise the City of any adjustments to the preliminary estimate of Construction Cost. §12:4 CONSTRUCTION/DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality ofahe Projector in the construction budget authorized by the City, the Architect shall prepare, for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the tonstitt tttibn:of the Project. r, { §Y2A2gThe Architect shall assist the City in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the City and Contractor. § 2.4.3 The Architect shall advise the City of any adjustments to previous preliminary estimates of' Construction Cost indicated by changes in requirements or general market conditions. AIA Document B151"r —1997. Copyright 01974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This MA° 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 13:39:38 an 01/13/2006 under Order No.1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (1029215292) 2 • . -• are • § 2.4.4 The Architect shall assist the City in & tinction with the City of Fayetteville responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 12:51BIDDING OR NEGOTIATION PHASE TheArchitect, following the City of Fayetteville approval of the Construction Documents and of the latest . iprelitiunary estimate of Construction Cost, shall assist the City in obtaining bids or negotiated proposals and assist in awatding and preparing contracts for construction. §'26 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 226.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the City of the ifinal 'Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 516.2 The Ardhitectshall provide administration of the Contract for Construction as set forth below and in the editiontf NADityurnent A201, General Conditions of the Contract for Construction, current as of the date of this Agreemeni;.unlessotherwise provided in this Agreement. Modifications made to the General Conditions, when adoptedas part%aithe Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent jwith this A'gg<reeinent or approved in writing by the Architect. • §r2i6r3 Duties, ae"spoitsili ities And limitations of authority of the Architect under this Section 2.6 shall not be reitriettedi Imodified'tirsztended`without written agreement of the City and Architect with consent of the Contractor, wliie'h consent Will :no"t'be unreasonably withheld. 11.6:4'The Arch'itectshall be a representative of and shall advise and consult with the City during the administration of theContract for•Construction. 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. §'2.6.5;'TheArchitect ,as atepresentative of the City, shall visit the site at intervals appropriate to the stage of the Contractors operations, or as otherwise agreed by the City and the Architect in Article 12, (1) to become generally fa 1 ar With and to keep the City informed about the progress and quality of the portion of the Work completed, (2) to endeavor to,guardllhe'City against defects and deficiencies in the Work, and (3) to determine in general if the 'Wolk is being;performed'in a manner indicating that the Work, when fully completed, will be in accordance with the Coiltraet 4Documents. However; the Architect shall not be required to make exhaustive or continuous on-site inspecti9nsjotitckthe quality orquantity of the Work. The Architect shall neither have control over or charge of, noritiexesponsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and,piograms in cohnection with the Work, since these are solely the Contractor's rights and irespowslblhtles,under the,Conttact'Doculrrents. +2:6:6 the Architect shall report to the City known deviations from the Contract Documents and from the most • itt-oltonstructiorischeiltile submitted by the Contractor. However the Architect shall not be responsible for the Contractor's'failure to,perform'ihe Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible tor the Architect's negligent acts or omissions, but shall not have control over or charge of and Shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. §'216.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. !,§2:646 Except asotherwise provided in this Agreement or when direct communications have been specially (a itthor zed;'the Gity shall endeavor to communicate with the Contractor through the Architect about matters arising out of oraelatingto the Contract Documents. Communications by and with the Architect's consultants shall be -41vough the Architect. § 2.6.9 CERTIFICATES FOR PAYMENT § 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. AIA Document B151^r —1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Alt Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of thls 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 13:39:38 on 01/13/2006 under Order No.1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (1029215292) 3 - CAE • • • • • • • § 2.6.9.2 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 2.6.5 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 kfiowledge, 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 ;froin'the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. §2:6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Stibcontractors (and Material suppliers and other data requested by the City to substantiate the Contractor's right to payment, ot(4)'ascertained how or for what purpose the Contractor has used money previously paid on account of tihe'ContractlSufn. 12:6.10:The.Architect shall'have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testingofthe'Weili in accordance with the provisions of the Contract Documents, whether or not such Work is •fabricated, installed oreompleted. However, neither this authority of the Architect nor a decision made in good faith eitljer foeyexerc_iselor Mit ito exercise such authority shall .give rise to a duty or responsibility of the Architect to the Contractor, SGbcontractots, material and equipment suppliers, their agents or employees or other persons or entities performingp000rtions,ofthe Work. §:2j11 The Architect shell review and approve or take other appropriate action upon the Contractor's submittals such; —Shop (Drawings 'Product Data and Samples, but only for the limited purpose of checking for conformance With;information.giveii and the design concept expressed in the Contract Documents. The Architect's action shall be .taken wttfi Isuchlreasonable promptness as to cause no delay in the Work or in the activities of the City, Contractor or separatecontractors, while allowing sufficient time in the Architect's professional judgment to permit adequate reviewrIRev ew of,such • stitimittals is not conducted for the purpose of determining the accuracy and completeness of o'therdetails sudh+asiditnensions 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 is'tated-by:the Architect, of any construction means, methods, techniques, sequences or procedures. The Architeet'sFapproval of a specific item shall not indicate approval of an assembly of which the item is a component. §412 If professional design services or certifications by a design professional related to systems, materials or equiperent are specifically required of the Contractor by the Contract Documents, the Architect shall specify approp iate;.performance and•design criteria that such services must satisfy. Shop Drawings and other submittals Mated to theWork 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 land completeness of the services, certifications or approvals performed by such design professionals. •§ 2.6.13 The.Ardhitect shall prepare Change Orders and Construction Change Directives with supporting documentation and data if deemed necessary by the Architect as provided in Sections 3.1.1 and 3.3.3, for the City of FayettevilleLapprovaLand execution in accordance with the Contract Documents, and may authorize minor changes in$he Work notunvolving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. • ION The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the 'date+iiffibal'eompletion, shall receive from the Contractor and forward to the City, for the City of Fayetteville breviewaand,records, written warranties and related documents required by the Contract Documents and assembled by th`e C. retractor; and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 2.6.15 The Architect shall interpret and decide matters concerning performance of the City and Contractor under, and requirements of, the Contract Documents on written request of either the City or Contractor. The Architect's AIA Document B151m —1997. Copyright 01974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and Intemational 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 13:39:38 on 01/13/2006 under Order No.1000187539_5 which expires on 815/2006, and is not for resale. User Notes: (1029215292) 4 r. . response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 9:241-6 interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable fromttlie 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 inotrshiw partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good (faith. 2:6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the City and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effectshall be final if consistent with the intent expressed in the Contract Documents. 40.18 The Architecfis decisions on claims, disputes or other matters in question between the City and Contractor, except foAthose" relatingao aesthetic effect as provided in Section 2.6.17, shall be subject to mediation and ar6'itratiori ias;provided in this Agreement and in the Contract Documents. ARTICLE3 ADDITIONALSERVICES § 311-0ENERAL . §:3:1:1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, an`,d'they shall be paidsfor by the:City of Fayetteville as provided in this Agreement, in addition to the compensation forSasicrServtces: The iservices.described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed(ii1 writing by the' City. If services described under Contingent Additional Services in Section 3.3 are :required due to circumstances beyond the Architect's control, the Architect shall notify the City prior to •commeilcing•such services. 'lime City deems that such services described under Section 3.3 are not required, the City shallJgive prompt written notice to the Architect. If the City indicates in writing that all or part of such Contingent'Additional Services:are not required, the Architect shall have no obligation to provide those services. §;4P,RO;IECT REPRESENTATION BEYOND BASIC SERVICES thil It=more extensive -representation at the site than is described in Section 2.6.5 is required, the Architect shall !provide one or more Project:Representatives to assist in carrying out such additional on-site responsibilities. • § 3:2:2 Project 12epreseotafives shall the selected, employed and directed by the Architect, and the Architect shall be ,compensated therefor as agreed by the City and Architect. The duties, responsibilities and limitations of authority of Projects epresentativesishall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. :§ 3:2:3rThrough.the presenceat the site of such Project Representatives, the Architect shall endeavor to provide further protection for he City Aping defects and deficiencies in the Work, but the furnishing of such project zrepresentation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in Ilii"s Agreement. § 3:3tONTINGENT ADDITIONAL SERVIC ES § 3.3.1 Making' revisions in drawings, specifications or other documents when such revisions are: 1 .inconsistent with approvals or instructions previously given by the City, including revisions made ,jnecessary by adjustments in the City of Fayetteville's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or a due to changes required as a result of the City of Fayetteville's failure to render decisions in a timely manner. ^,§3:3:27Providing services required because of significant changes in the Project including, but not limited to, size, iqualityy,;w qucomnplexrty, the City of Fayetteville's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.2.5. § 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. AIA Document B151 ni —1997. Copyright 01974, 1978, 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 13:39:38 on 01/13/2006 under Order No.1000187539 5 which expires on 81512006, and is not for resale. User Notes: (1029215292) 5 A id § 3.3.4 Providing services in connection wiih evaluating substitutions proposed by the Contractor and making ,subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. §3:3:5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and,furnishing services required in connection with the replacement of such Work. 3116 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the City or Contractor under the Contract for Construction. 3317 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work: 348 Providing services inconnection with a public hearing, a dispute resolution proceeding or a legal proceeding. 3313.9:Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. §'r3 pPTIONALEADDRJONAL:SERVICES 3411' yro xding analyses of the City of Fayetteville's needs and programming the requirements of the Project. 13:4',2 Providing financial feasibility or other special studies. § t4.34Providing planning surveys, site evaluations or comparative studies of prospective sites. 344:Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others havingihrisdiction over the Project. (Paragraph deleted) §;3:4:6'?rovidigglservices to investigate existing conditions or facilities or to make measured drawings thereof. 334.7 Providing services to verify:the accuracy of drawings or other information furnished by the City. §3;4.8.Prov dingcoordination of construction performed by separate contractors or by the City of Fayetteville's own forces rand coordination of services required in connection with construction performed and equipment supplied by thetity §3:t9 Providing services in connection with the work of a construction manager or separate consultants retained by ,tfie,City. §14.10 Providing detailedestimates of Construction Cost. §$.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3:4.12 Providing analyses of owning and operating costs. 33:4:13tProviding interior design and other similar services required for or in connection with the selection, procurement oc:installation of furniture, furnishings and related equipment. §3.4141?roviding services for planning tenant or rental spaces. § 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. AIA Document B151" —1997. Copyright ®1974, 1978, 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 few. This document was produced by AIA software at 13:39:38 on 01/1312006 under Order No.1000187539 5 which expires an 8/5t2006, and is not for resale. User Notes: (1029215292) 6 • • til § 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. §f3:§li7i toviding assistance in the utilization of equipment or systems such as testing, adjusting and balancing, prepaiation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. §4i418 Providing services after issuance to the City of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. §3A.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineeringiportions Of itheProject provided as a part of Basic Services. §$14.20 Etovriding any other services not otherwise included in this Agreement or not customarily furnished in ,accordance, With generally accepted architectural practice. ARTICLE/4 iCITYtOFiFAYETTEVILLE RESPONSIBILITIES 14.1 the thy shall provide full information in a timely manner regarding requirements for and limitations on the Project,11hcluding a'written,program which shall set forth the City of Fayetteville's objectives, schedule, constraints and tfiSria,;includingispace requirements and relationships, flexibility, expandability, special equipment, systems and stte•requirements, The'Ctty shall furnish to the Architect, within 15 days after receipt of a written request, info/ nationmecessary.and relevant for the Architect to evaluate, give notice of or enforce lien rights. §4 2 The City shall establish and periodically update an overall budget for the Project, including the Construction Cost,. the City 'ofFayetteville's other costs and reasonable contingencies related to all of these costs. § 4:3°Tlielcity Shall designate a`representative authorized to act on the City of Fayetteville's behalf with respect to theriejeet.:TheiCity or such designated representative shall render decisions in a timely manner pertaining to documents isubmitted iby :the Architect in order to avoid unreasonable delay in the orderly and sequential progress of ititt7k, test'sservices. 4:4 Tlie'CityshiII furbish surveys to describe physical characteristics, legal limitations and utility locations for the Isiieof the Project; and+a written legal description of the site. The surveys and legal information shall include, as ap—phciible;lgrades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; fights-ofAvay, itestricttions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions rand necessary data with respect to existing buildings, other improvements and trees; and mfoimation concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. A11 the:information on the survey shall be referenced to a Project benchmark. -§r4 SThe City shall furnish the services of geotechnical engineers when such services are requested by the Architect. Suchservices .may.incl"ude.but are not limited to test borings, test pits, determinations of soil bearing values, percolation teas, eval`uations0fhazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating sdbsoil conditions, with reports and appropriate recommendations. §4.6 The'City shall furnish the services of consultants other than those designated in Section 4.5 when such services are,requestetihby the Architect and are reasonably required by the scope of the Project. § 4.7 The City shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous+materials; and other laboratory and environmental tests, inspections and reports required by law or the 'Confrac[IDocuments. §4i8-Tlittity shall furnish all legal, accounting and insurance services that may be necessary at any time for the $rojectdo:meet the City of Fayetteville's needs and interests. Such services shall include auditing services the City may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the City. AIA Document B151^' —1997. Copyright 01974, 1978, 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 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 al 13:39:38 on 01/13/2006 under Order No.1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (1029215292) 7 § 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the City of Fayetteville's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. §d4:10'The City shall provide prompt written notice to the Architect if the City becomes aware of any fault or defect in the,Rroject, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST §41 DEFINITION §3;9.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost Ito The City offayetteville of all elements of the Project designed or specified by the Architect. §5,9.2 The'Construction Cost shall include the cost at current market rates of labor and materials furnished by the City andequpment designed, specified, selected or specially provided for by the Architect, including the costs of ,management Or supervision rofconstruction or installation provided by a separate construction manager or Contractor, plus arateable allowance for their overhead and profit. In addition, a reasonable allowance for eontingeacieS shall I$e,included for market conditions at the time of bidding and for changes in the Work. § 5:123+Cohstruction Cost does not include the compensation of the Architect and the Architect's consultants, the coststof'the landi'rights=of-way and financing or other costs that are the responsibility of the City as provided in .A11144. _ §15:2'RESPONSIBILITY FORCONSTRUCTION COST Evaluations of the City of Fayetteville's Project budget, the preliminary estimate of Construction Cost and detailed;estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design ,professional ifarr"all& with the construction industry. It is recognized, however, that neither the Architect nor the sGiiynlhaS Icon"trol rover the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices,; iQrfovericompetitiveib'idding, market or negotiating conditions. Accordingly, the Architect cannot and does not_watlantot represent itlatt+bids or negotiated prices will not vary from the City of Fayetteville's Project budget or 'frothrang estimate idConstruction Cost or evaluation prepared or agreed to by the Architect. !§S12 No fixed limit of!Construction Cost shall be established as a condition of this Agreement by the furnishing, proposalor•establishment•of a Project'budget, unless such fixed limit has been agreed upon in writing and signed by the. pattii5s;hereto. If such a fixed iliniithas been established, the Architect shall be permitted to include contingencies for destgn;iliidding and;price escalation, to determine what materials, equipment, component systems and types of constructiofi are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Projectrand to'incldde in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost e--�r_ to the 'ifixedjlimit. Fixed litnits,!f+^any, shall be increased in the amount of an increase in the Contract Sum occurring after eXeciit-ontof the ContractlfotICNstruction. be §8?2:i if the BiddingorNegotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to iheCity, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the (general level of prices in the construction industry. § 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the lowest bona fide bid of negotiated ;proposal, the City shall: .1 (give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; a terminate in accordance with Section 8.5; or A cooperate in revising the Project scope and quality as required to reduce the Construction Cost. §+5,2t3lithe City chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall modify't ie documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the City shall be the limit of the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. AIA Document 0151"' —1997. Copyright 01974, 1978,1987 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 chill and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:39:38 an 01/13/2006 under Order No.1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (1029215292) 8 • • ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE !§:61' Drawings, specifications and other documents, including those in electronic form, prepared by the Architect an8,tlieAArchitect's consultants are Instruments of Service for use solely with respect to this Project. The Architect andsthe Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and,shall retain all common law, statutory and other reserved rights, including copyrights. j 6r2'Upon execution of this Agreement, the Architect grants to the City of Fayetteville a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided thattheCity 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 mis license:jUpbn such termination, the City shall refrain from making further reproductions of Instruments of 'Service and,shall return•Th the Architect within seven days of termination all originals and reproductions in the City 15yille. f.Fayetteyille'spossession oncontrol. If and upon the date the Architect is adjudged in default of this Agreement, the foregoinglicense•shallbeideemed terminated and replaced by a second, nonexclusive license permitting the City to:authothe tither,sirlilarly Credentialed design professionals to reproduce and, where permitted by law, to make changes,torre [ons ler additions to the Instruments of Service solely for purposes of completing, using and maintaining theiPrgject. 6: 3.Extep't+forthe licenses granted in Section 6.2, no other license or right shall be deemed granted or implied underthis •Agreenteft,'The City "shall not assign, delegate, sublicense, pledge or otherwise transfer any license grafitedHereih to:another,patty.without the prior written agreement of the Architect. However, the City shall be 1pertnitted to authorize tlieContractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicableiportions of the Instruments of Service appropriate to and for use in their execution of the Work by Been Igranted T Sectibn 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements odor similar piirpbses in connection with the Project is not to be construed as publication in defogat bh of the reserved tights of the Architect and the Architect's consultants. The City shall not use the Insttifinents sof Service for future additions or alterations to this Project or for other projects, unless the City obtains thea o twr tten lagreement of the Architect and the Architect's consultants. Any unauthorized use of the Ihstiuments of Service shall be at the City of Fayetteville's sole risk and without liability to the Architect and the Arch'itect's consultants: §;&A Prior tq:the.Architect providing to the City any Instruments of Service in electronic form or the City providing tb'the Ah r .rc:—. itecGany•tblectronic data for incorporation into the Instruments of Service, the City and the Architect shall x ;r_c._: by: separate written agreement set forth the specific conditions governing the format of such Instruments of Service or-elect"rbnic data, Includinganyspecial limitations or licenses not otherwise provided in this Agreement. :At AR71C LE+7: 1DISPUTE'RESOLUTION (Paragraphsdeleted) § 7:3+CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and City waive consequential damages for claims, disputes or other matters in question arising out of or relating Ito this.Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to:either party's ternunation in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION § 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°$ii'orttance 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 ihave 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. AIA Document B151TM —1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Lew 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 13:39:38 on 01/13/2006 under Order No.1000187539_5 which expires on 6/5/2006, and is not for resale. User Notes: (1029215292) 9 § 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 fee's'for [he remaining services and the time schedules shall be equitably adjusted. • ,§ 8.3 tithe 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. ;§ 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. §8:5 This Agreement•thay be terminated by the City upon not less than seven days' written notice to the Architect -4, I tofthe Citykifrayetteville's convenience and without cause. {§I8:6 In sthe event of termination not the fault of the Architect, the Architect shall be compensated for services 1 r• performed (prior,to termination, together with Reimbursable Expenses then due and all Termination Expenses as definedsin4Section1.7. 1 • • §8:7'TerminationiExpenses are in addition to compensation for the services of the Agreement and include expenses dtreetly attributable to:termination for which the Architect is not otherwise compensated, plus an amount for the Arctufect's!antictpatedprofit on. the value of the services not performed by the Architect. • ARTICLE 9. 'MISCELLANEOUSIBROVISIONS 9.1 A's Agreement Shall be governed by the law of Arkansas and the jurisdiction for any legal action shall be Washingttoncounty, Arkansas § 9:2 Terms an this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Coriditiofis of the Contract for Construction, current as of the date of this Agreement. §t9':3uses ofraction'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 cOtallatiOrtiftir acts or failures to act occurring prior to Substantial Completion or the date of issuance of fhe final CertificateiforPayment.for acts or failures to act occurring after Substantial Completion. In no event shall isuch statutes of limitations cominence'to run any later than the date when the Architect's services are substantially completed. Oras_determined by Arkansas law. §:9;4' othe extent damages are covered by property insurance during construction, the City of Fayetteville and Artiiifect Waive all rights lagainsteach other and against the contractors, consultants, agents and employees of the v.?.. tither'f,..- -ages, except such rights as they may have to the proceeds of such insurance as set forth in the edition ro'f•AIA Document A201 General Conditions of the Contract for Construction, current as of the date of this Agreeitent. The City orthe.Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of [hem Siritilar waivers in favor of the other parties enumerated herein. § 9:5 TheCity and Architect, respectively, bind themselves, their partners, successors, assigns and legal representativesltolthe other party to this Agreement and to the partners, successors, assigns and legal representatives of isuch otherfparty 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 of Eayetteville's•rights and obligations under this Agreement. The Architect shall execute all consents reasonably required;tojfacilitate such assignment. fir•^.A as r.§'-9.6 Thiatir nent represents the entire and integrated agreement between the City and the Architect and supersedes negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both City and Architect. § 9.7 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. AIA Document B151w —1997. Copyright © 1974, 1978, 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 13:39:38 on 01/13/2006 under Order No.1000187539_5 which expires on 8/5/2006, and is not tor resale. User Notes: (1029215292) 10 EAR • • ▪ • • P. § 9.8 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. §.9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project atnongthe 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 of Fayetteville's confidential or proprietary information if the City has previously advised the Architect in writing of the specific informationtonsidered by the City to be confidential or proprietary. The City shall provide professional credit for the Architect in.the City of Fayetteville's promotional materials for the Project. 119:10 If the City requests the Architect to execute certificates, the proposed language of such certificates shall be sutimitted-toithe 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. ARTICLE110' RAYMENTS'TO THE ARCHITECT 10:1bIRECT PERSONNEL EXPENSE Direct PetsonnelSExpenselis defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of.the'cost of theirmandatory and customary contributions and benefits related thereto, such as employment taxes 8nd•other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans lan&silnilar contributions. § 10:2iREIMBURSABLE-EXPENSES § 10:2;1 ±Reimbursable.Bxpenses are in addition to compensation for Basic and Additional Services and include iexpenses:itteurred by the Architect and Architect's employees and consultants directly related to the Project, as identified;in the ffdllowing Clauses: • •..;1' transportation in connection with the Project, authorized out-of-town travel and subsistence, and • electrotiic•communications; 2 fees,paid,for securing approval of authorities having jurisdiction over the Project; 3 tteproductio`ns, plots, standard form documents, postage, handling and delivery of Instruments of ISO -vitt; :4. expense of overtime work requiring higher than regular rates if authorized in advance by the City of F Fayetteville; :5 renderings, models and mock-ups requested by the City; .6 expense of profess'ional.liability insurance dedicated exclusively to this Project or the expense of •additionalinsuiance 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 Article 12; • .8 othersiniilar direct Project -related expenditures. § 10:3'PAYMENTS ON, ACCOUNTOOF BASIC SERVICES 5103.1 An initial 'payment as set forth in Section 11.1 is the minimum payment under this Agreement. §410.3.2 Subsequentpayments for Basic Services shall be made monthly and, where applicable, shall be in proportion torservice"s performed within each phase of service, on the basis set forth in Section 11.2.2. l§;10:3:3:Ifiand,to, the extent that the time initially established in Section 11.5.1 of this Agreement is exceeded or erten edsihrougfi no fault of the Architect, compensation for any services rendered during the additional period of tihd'e?5Ball be.coinputed in the manner set forth in Section 11.3.2. §;10!3:4 When!compensation is based on a percentage of Construction Cost and any portions of the Project are deleted orotherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. AIA Document 8151"'-1997. Copyright 01974. 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Lew 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 13:39:38 on 01/13/2006 under Order No.1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (1029215292) 11 • • • 1• § 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly uponpeesentation of the Architect's statement of services rendered or expenses incurred. § 10.5 PAYMENTS WITHHELD N&deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sumfwithheld 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. /10.6 ARCHITECT'S ACCOUNTING RECORDS :Records ofReimbursable .Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates' or a thultiple of Direct Personnel Expense shall be available to the City or the City of irayettevilleauthorized .representative at mutually convenient times. • PARTICLE f;1JASIS'OF•COMPENSATION 1'Tile City of (Fayetteville shalltcompensate the Architect as follows: 1§111, §'11:2 BASIC'COMPENSATION §A)122.1,ForBasic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis'of compensation, including stipulated sums, multiples or percentages, and identify phases to which , particular.•»lethods of compensation apply, if necessary.) Compensation for Basic'Services will be a fee of $ 55,000.00 and a lump sum fee of $10,000.00 for LSD services, usintetitty!ofFayetteville construction budget of $ 1,100,000.00. Changes and modifications, or amendments in iscinicoMcs_or Tees to chis contract shall not be allowed without a prior formal contract amendment approved by the Mayorfaztdfihe City! Council; in advance of the change in scope, cost or fees. See Article 12 for other additional servicesand conditions. § 11:2:2, Where:compensatibn is based on.a stipulated sum or percentage of Construction Cost, progress payments for :Basic Services i i eat Winne shall Ritalthe following percentages of the total Basic Compensation payable: (tnsert;addttional phases as appropriate.) • Scheinatic,IDesign Phase: Design Development Phase: Construction Documents Phase: , • Bid -ding briNegotiation.Phase: Construction Phase: Fifteen Twenty Forty Five Twenty percent ( percent ( percent ( percent ( percent ( 15 %) 20 %) 40 %) 05 %) 20 %) (Paragraph deleted) Total Basic Compensation one hundred percent ( 100.00 %) § 11.3 COMPENSATION (FOR ADDITIONAL SERVICES § 11.3.1 For Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be computed as follows: II-Ronny at+threei(3.0) times the direct personnel expense of the Architect's principals and/or employees as defined in Amcle 110:1: r § 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Section 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: AIA Document 6151^1-1997. Copyright et 1974, 1978,1987 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, end will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:39:38 on 01/13/2006 under Order No.1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (1029215292) 12 i. let !Y ►. • Saio- w (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, if necessary.) •sPor,additional services requested in addition to those services already listed in Article 12: Hourly at three (3.0) times the direct personnel expense of the Architect's principals and/or employees as defined in Article 10.1. §'17:3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Seivices, a multiple of :one point two ( 1.2 ) times the amounts billed to the Architect for such services. ((Identify specific types of:Consultants in Article 12, if required.) §§ 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Section 10.2, and any other items included in Article 12 as RbitnbursableiExpenses, a multiple of one point two (1.2 ) times the expenses incurred by the Architect, the Architect's employees!and ieonsultants directly related to the Project. 11fADDITIONAL (PROVISIONS § 11:5:1 'Services covered by this Agreement have not been completed within fourteen ( 14 ) month io'f theidate hereof, ilitough no fault of the Architect, extension of the Architect's services beyond that time shall fbe compensated ias provided in Sections 10.3.3 and 11.3.2. § 1 t5.2}Qaytnenis are duerand•payable fifteen ( 15 ) days from the date of the Architect's invoice. The Cnylof,Fayetteville 'Will endeavor to pay within 30 days of the date of the Architect's invoice, without guatanteeaof such Etiniing. i(Usurylaws and`requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and biher regulattons,at rfhe Owner's and Architect's principal places of business, the location of the Project and eisewkere:maydect rthe validity of this provision. Specific legal advice should be obtained with respect to deletions or'tnodif cations, andalso regarding requirements such as written disclosures or waivers.) 11413.3 The•ratesland:multiples set.forth.for Additional Services shall be adjusted in accordance with the normal salary 1tview,,practices of the Architect. ARTIGLE412: OTHER(CONDITIONS OR SERVICES (fnserhdescriptions of otherservices, identify Additional Services included within Basic Compensation and modifcations to the payment .and compensation terms included in this Agreement.) 1.24!.1 Additional Services: * LSD Planning: • Not to exceed $10,000.00 Lump sum fee for•normal LSD process and does not include citizen group meetings or other activities .outside•the norm'alLSD planning procedures. Citizen group meeting participation will be hourly per Ariicle 11.3.2. 12.1.2 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change • f . -t .dnscope, cost or fees. 2.1 Basin Services do not include infrastructure improvements off site and do not include the design or • completion of improvements for public utilities, public utility extensions and/or utility work normally • lassociated with construction of the building. Basic Services do not include environmental clean-up activities. 12.2 Reimbursable expenses are defined in Article 10.2. For the purposes of this agreement, the City of Fayetteville will establish a reimbursable budget of FIVE THOUSAND AND NO/100 DOLLARS AIA Document B151n -1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute oI 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 end criminal penalties,end will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:39:38 on 01/13/2006 under Order No.1000187539 5 which expires on 8/5/2006, and is not for resale. User Notes: (1029215292) 13 • • e. •t r • ($5,000.00). If additional expenses are requested by the City, the City will raise the reimbursable budget to cover such expenses needed for proper completion of the project. For a listing of reimbursable items, see Attachment "A". 12.3 FOI Clause: City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act. Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 12:4 List.of proposed consultants. With approval of the City of Fayetteville, the following consultants will be used!on thetiprolect: ME? Engineers 'Stnictural;Engineers C----gineet$ Geotechnical Green Anderson Engineers, Inc. Engineering Consultants, Inc. McClelland Consulting Engineers McClelland Consulting Engineers The, Architect' can change the use of consultants. The City of Fayetteville has the right to approve or disapprove any change in consultants. This:Agreement entered -into as of the day and year first written above. 1 ffi�4tI.IIEVILLr._4. r? • • (Signature), (Signature) 1 Dan'-Cood:-; Ma or 4 Richard Alderman, Principal (Prrnfed n`aine and title) . (Printed name and title) • AIA Document B151mr —1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Alt 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 13:39:38 an 01/13/2006 under Order No.1000187539 5 which expires on 8/5/2006, and is not for resale. User Notes: (1029215292) 14 Additions and Deletions Report for AIA Document 8151 m1-1997 • This,Adertions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added ito fthe standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. - • I INote: 'This Additions and Deletions Report Is provided for information purposes only and is not incorporated into or constitute any part Of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 13:39:38 on 01/13/2006. mi t�. ix • rx' • • BEIWEEN the Architecf'sclient.identified as the OwnereCity: City sof Fayetteville 1:13 West.Mountain Fayetteville, Arkansas Wittenberg,.Delon=&!Davidson; Inc :2434.tasttJoyce:1310., Suite TTO Fayetti5villerAR _72703 Telep`hoteiNumber: (479) 442-& 81 FBXiNUfilbett (479) 25i1-0231 CitvioftFave"tteville r- `'Fite Station No 5 Crossovers&sOld Wire Roads Fayetteville, AR3;2101 Replacement'f& current FireiStatioii.'No. 5. A 5,000 square foot fire station including site work architectural ;mechanical %ele'ctncal, structural.and!associated systems. The design will include compliance with local governing iauthifies having iurisdiction.over the work. The work will be based on the re -use of the previous "proto-type" dart'•with ttiltiima1' han¢es. The Owner -City of Fayetteville and Architect agree as follows. PAGE2 § 1.2 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 Owner's -/City of Favetteville's approval a schedule forthejpetformance of the Architect's services which may be adjusted as the Project proceeds. This seheduleshahiinclude allowances for periods of time required for the Owners City of Fayetteville review and for approvalfofrsubmissions by authorities having jurisdiction over the Project. Time limits established by this schedule rapprovediby the (4City shall not, except for reasonable cause, be exceeded by the Architect or Owner.the City. § 2.2.1 The Architect shall review the program furnished by the Owea City to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the OwneFCity. Addltlons and Deletions Report for AIA Document B151n.-1997. Copyright ©1974, 1978, 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 Ale 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 13:39:38 on 01/132006 under Order No.1000187539_5 which expires on 8/52006, and is not for resale. User Notes: (1029215292) 1 • § 2.2.2 The Architect shall provide a preliminary evaluation of the Owner -Is -City of Fayetteville program, schedule ondreonstruction budget requirements, each in terms of the other, subject to the limitations set forth in Section 5.2.1. § 2.2 3'The Architect shall review with the Owner -City alternative approaches to design and construction of the Project. '§2:24 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner City, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 1§22.5 The Architect shall submit to the Owner -City a preliminary estimate of Construction Cost based on current area, volume or,similarconceptual estimating techniques. §213.1 Based on the raimirovedSchematic Design Documents and any adjustments authorized by the Owner -City in the'program, schedule or construction budget, the Architect shall prepare, for approval by the Ownerr City, Design Developinent Docutnentsconsisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may!lie appropriate: §2:9: r • • • generally familiar with and to keep the Owner City informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner City against defects and deficiencies in the Work, and (3) to adlemtihe in general if the Work is being performed in a manner indicating that the Work, when fully completed, Wilbbeifi accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive oFcdiihnuous 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. 1'2:6.6 The Architect shall report to the Owner -City known deviations from the Contract Documents and from the most recentrconstruction,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 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. §;2:6.8tExcept as' otherwise;pr vided in this Agreement or when direct communications have been specially authofized,,ihecOWner-Cityshall endeavor to communicate with the Contractor through the Architect about matters arisingout of:or,�telating•tb the Contract Documents. Communications by and with the Architect's consultants shall beihioyghthe,Architeet. PAGE 4 §L6.9:2 The Architect's certification for payment shall constitute a representation to the OwnerrCity, based on the Architect's evaluation Of. the Work as provided in Section 2.6.5 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 foregoingaepresentationsare isubject (1) to an evaluation of the Work for conformance with the Contract Documents uponlStibstantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from fht ContraceDocuments prior to completion, and (4) to specific qualifications expressed by the Architect. ! 16:9:33The;tssuance ofiasCertificate for Payment shall not be a representation that the Architect has (1) made exh usuver6 tcondhuouS on-site,inspections to check the quality or quantity of the Work, (2) reviewed construction m`eans; methods, techniques, se"guenees or procedures, (3) reviewed copies of requisitions received from Subce tractors land:ataterial suplierss and other data requested by the Owner City to substantiate the Contractor's ti`ghtao payment, or(¢) •asc Trained how or for what purpose the Contractor has used money previously paid on accbnntofthe Contract Sum. §1,6.11:The Architect shall review.and approve or take other appropriate action upon the Contractor's submittals :such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance With information given end.{he 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 Owner, City, Coi tfactor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequatereview. Review of such submittals is not conducted for the purpose of determining the accuracy and ebmpletenessof other details such as dimensions and quantities, or for substantiating instructions for installation or petformancerflequiprnent or systems, all of which remain the responsibility of the Contractor as required by the Contract Doeuments. 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'sapproval of a specific item shall not indicate approval of an assembly of which the item is a component. • 0.61.3 The Architect shall prepare Change Orders and Construction Change Directives, with supporting docum'en`taiibntnd data if deemed necessary by the Architect as provided in Sections 3.1.1 and 3.3.3, for the Awrier s Cttfy.offayetteville approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. Additions end Deletions Report for AIA Document 8151"-1997. Copyright ®1974, 1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Alt 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 13:39:38 on 01/132006 under Order No.1000187539 5 which expires on 8/5/2006, and Is not for resale. User Notes: (1029215292) 3 s • § 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Ownem-City, for the Owner=s -City of Vave[teville review and records, written warranties and related documents required by the Contract Documents and astemblea by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Wo krcomplies with the requirements of the Contract Documents. `§2i616 The Architect shall interpret and decide matters concerning performance of the OweerCity and Contractor under, and requirements of, the Contract Documents on written request of either the Owner -City or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness: PAGE5 i§2:6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the1Contract DocinIients and shall be in writing or in the form of drawings. When making such interpretations and nutialtdecisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall notihow partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good,tfaltli. §r2:6174TheSArcfiitect initial decisions on claims, disputes or other matters in question between the OtWrICitv ian`dtontractor as provided in the Contract Documents. However, the Architect's decisions on matters relaTirig to aesthetic leffect shall [be final if consistent with the intent expressed in the Contract Documents. §42:8.16 The Arelutect's decisions on claims, disputes or other matters in question between the Owner -City and Contractor, except for those (relating to aesthetic effect as provided in Section 2.6.17, shall be subject to mediation and arbitration as provide$' in this Agreement and in the Contract Documents. G§ 3tTfie{services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and theyishall bepaidifor by the Owner -City of Fayetteville as provided in this Agreement, in addition to the compensation tot 13ati Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorised or confirmed in writing by the Owner. City. If services described under Contingent Additional Services in ISecuon 3.3 aref0.4db-et' due to circumstances beyond the Architect's control, the Architect shall notify the Owner Citv-priontoreommencing such services. If the Owner -City deems that such services described under Section 3.3 are not required;;the Owner—City shall give, prompt written notice to the Architect. If the Owner -City indicates in writing bat all oripaitiofsuelitontingentAdditional Services are not required, the Architect shall have no obligation to prov4dethose ae ices, 3r2 TProject,Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner -City and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date,of+this Agreement, unless otherwise agreed. § 3:2:3 Through the presence iatthe site of such Project Representatives, the Architect shall endeavor to provide ,further protectibe for the bwnerCity against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in • this Agreement: n .1 inconsistent with approvals or instructions previously given by the Ow11Ar,-City, including revisions made necessary by adjustments in the Owner's -City of Fayetteville's program or Project budget; .3 due to changes required as a result of the OwnerlCity of Fayetteville's failure to render decisions in a.timely manner. § 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's -City of Favetteville's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.2.5. Additions and Deletions Report for AIA Document 8151 m —1997. Copyright ®1974, 1978, 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 13:39:38 on 01/13/2006 under Order No.1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (1029215292) 4 PAGE6 :§13:6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the WOlkrofrthe Contractor, or by failure of performance of either the Owner City or Contractor under the Contract for Construction. '3;3i6?Providing services in connection with a public hearing, a dispute resolution proceeding or a legal preeeeding .proceeding. §14.1 Providing analyses of the Owner -Is -City of Favetteville's needs and programming the requirements of the Pr0ject. !§,434.7 P.toviding services to verify the accuracy of drawings or other information fumished by the Owner.City. ',§ 3i4.8xPfo"Vidingcooidination of construction performed by separate contractors or by the Owner's City of FavetteViilits own, forces andccoordination of services required in connection with construction performed and equipment supplied by the Owner:City. §:3i4:9$Providing services in connection with the work of a construction manager or separate consultants retained by fheO vner:City. PAGE 7 §'3.4;16;Providing services after:issuance to the Owner City of the final Certificate for Payment, or in the absence of a filial ieeriificate for iPayment,, more than 60 days after the date of Substantial Completion of the Work. ViNEWE-SRONGIGI LIVES •ARTICLE`t tITY OF FAel EVILLE RESPONSIBILITIES §;4:1'The*OwnertCity shall provide full information in a timely manner regarding requirements for and limitations on ahe Prole:et, including' written program which shall set forth the Owner c City of Fayetteville's objectives, scheddle; constraints and criteria; Secluding space requirements and relationships, flexibility, expandability, special equipm nt,tsysteins•and.site regoirements. The Owner City shall furnish to the Architect, within 15 days after .receipt df•a Wfittef 'request; information necessary and relevant for the Architect to evaluate, give notice of or r._ eili enfarce,hen rights. /4.2 ThelOwherCity shall establish and periodically update an overall budget for the Project, including the Construction Cost, the OwnewCity of Fayetteville's other costs and reasonable contingencies related to all of these icostS: § 43 The Owner -City shall designate a representative authorized to act on the Ownner'' i City of Fayetteville's behalf with respect lo'the ,Prolect. The Owner -City or such designated representative shall render decisions in a timely manner pert'airiing:toidocuments submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progressriifthe Architect's services. § 4.4 The Owner City shall furnish surveys to describe physical characteristics, legal limitations and utility locations for,thelsite of1the,Project, and a written legal description of the site. The surveys and legal information shall include, iaS 15pp1tcable; grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; •fnghts-of wayy,*estrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locationss»dimensions and necessary data with respect to existing buildings, other improvements and trees; and informazidn+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. § 4.5 The Owner -City shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing Additions and Deletions Report for AIA Document B1517" —1997. Copyright rD 1974, 1978, 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 me 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 13:39:38 on 01/13/2006 under Order No.1000187539_5 which expires on 85/2006, and is not for resale. User Notes: (1029215292) 5 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. r '§ 4:6 Theltowner City shall furnish the services of consultants other than those designated in Section 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. §:41`The 9waer-City shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests rz• for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 7y § 4.'8 The Owner City. shall furnish all legal, accounting and insurance services that may be necessary at any time for k.r fhe'IProject to meet the'9wneFsCity of Favetteville's needs and interests. Such services shall include auditing services the 'Owner -City .may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes 'the Contractor has used the money paid by or on behalf of the Owner.City. PA'GE8 §r4.9`TKe (services, !information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the 8caner City ofjEavettevill&s expense, and the Architect shall be entitled to rely upon the accuracy and completeness lthereof, §'410'The•9wner Cit -shall provide prompt written notice to the Architect if the Owner City becomes aware of any fault ordefect in•the Project including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 5.7.7 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the 9u9icr City of -Fayetteville of all elements of the Project designed or specified by the Architect. §151I eConstmctiofi Cost shall include the cost at current market rates of labor and materials furnished by the 9Aw FCity and&egbipirient designed, specified, selected or specially provided for by the Architect, including the costsiofrmanagement or supervision of construction or installation provided by a separate construction manager or contractor, plusrareasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencie'si"stiallibe!included for market conditions at the time of bidding and for changes in the Work. is 5.1.30 mnnsthttIon Cost does'ndt include the compensation of the Architect and the Architect's consultants, the !costsof the'land;Frights-of--way and financing or other costs that are the responsibility of the Owner City as provided in Article 4. • X5.2.1 Valuations of the O 'nS'c'City of Fayetteville's Project budget, the preliminary estimate of Construction CoSt and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's jutlgment as.a design,professional familiar with the construction industry. It is recognized, however, that neither the Architect norfthe 9 vti& C•ifv Flias,control over the cost of labor, materials or equipment, over the Contractor's methods of detertttiningili'dpflces, or over competitive bidding, market or negotiating conditions. Accordingly, the Architectrcannot:and does not warrant or represent that bids or negotiated prices will not vary from the Owner'-Cift of FayetteVille's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. § 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction -Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted v.C.... - :to:reflect changes in the general level of prices in the construction industry. ir. §4If;a5fized',•limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the lowest bona fdde iaro7fiegotiated proposal, the Owner City shall: § 5.2.5 If the Owner City chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to Additions and Deletions Report for AIA Document B151 111 —1997. Copyright @1974, 1978, 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 AIADocument, or any portion 01 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 13:39:38 on 01/13/2006 under Order No.1000187539 5 which expires on 8/5/2006, and is not for resale. User Notes: (1029215292) the 9wncFCity shall be the limit of the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. PAGES §i6!2)Upon execution of this Agreement, the Architect grants to the Owner City of Fayetteville a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner -Ci�t y shall comply with all obligations, including prompt payment ofiall 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 theFroject shall terminate this license. Upon such termination, the Owner City shall refrain from making further reproductions o`f Instruments of Service and shall return to the Architect within seven days of termination all originals.and reproductions in the 9wner'o City of Favetteville'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 arsecond,fnonexclusivelicense sperm tong the BwneFCity to authorize other similarly credentialed design professionals to;reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Servic`esolely;forjpurposesiof completing, using and maintaining the Project. §!6�3`Except ifo"?ithe licensesgranted in Section 6.2, no other license or right shall be deemed granted or implied dnder this Agi% rent. The 'Owner 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 Owner City shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work.by;license,granted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory.,requirenents or'forsimilar purposes in connection with the Project is not to be construed as publication in de`rogafton offthe reserved rights of the Architect and the Architect's consultants. The Owner City shall not use the insfrumntsrof Service for future additions or alterations to this Projector for other projects, unless the Owner: Ct%ob ns the priof'written agreement of the Architect and the Architect's consultants. Any unauthorized use of theilnstruments of Service shall be at the Owner's City of Fayetteville's sole risk and without liability to the Arthitectiand the Architect's consultants. • §I6A Prior tothe.Arcliitect providing -to •the Owner City any Instruments of Service in electronic form or the Owner Ciitv providing,to the Architect;any electronic data for incorporation into the Instruments of Service, the Owner City and the hitectshall`by sepa?ate'wtitten agreement set forth the specific conditions governing the format of such Instruments ofiS&vice'or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. • Additions and Deletions Report for AIA Document 8151"'-1997. Copyright @1974, 1978, 1987 and 1997 by The American Institute of Arcltects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAt 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 13:39:38 on 01/13/2006 under Order No. 1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (1029215292) k • • • r • ' T+he Archteetand:9wneF- waive consequential damages for claims, disputes or other matters in question arising '• outof t tje1ating"foVfhis Agreement. This mutual waiver is applicable, without limitation, to all consequential damages 'due to either, party's termination in accordance with Article 8. r,•rt ,187 'If theQwnei";C•it..Sfails to makehpayments to the Architect in accordance with this Agreement, such failure shall �? r 'beieons"idered.substantial nonperformance and cause for termination or, at the Architect's option, cause for _ suspenslOmpEperformahce of services under this Agreement. If the Architect elects to suspend services, prior to sus'pensionrofptvices, the Architect shall give seven days' written notice to the BwweFCity. In the event of a suspension of ser,viees, the Architect shall have no liability to the Owner City for delay or damage caused the Owner 19 • Cittv because'of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expehses'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. PAGE 10 1§ 8. If the;Project is suspended by the Owner 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 s`hall 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. § 85 This Agreement may be terminated by the OwnerCity upon not less than seven days' written notice to the Arc'hitect for''tlie;O..vnerzCity of Favetteville's convenience and without cause. L. . 91'Th'is Agreement shall be governed by the law of Arkansas and the principal place of busincna of tho Architect, .jurisdiction for any legal action shall be Washington County, Arkansas § 9.3 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 Additions and Deletions Report for AIA Document B151"1 —1997. Copyright O 1974, 1978, 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 13:39:38 on 01/13/2006 under Order No.1000187539 5 which expires on 85/2006, and is not for resale. User Notes: (1029215292) 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. Or as determined by Arkansas law. §19:4'To the extent damages are covered by property insurance during construction, the Owner -City of Fayetteville and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the4ther 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 OwnerCity or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees oftany of them similar waivers in favor of the other parties enumerated herein. §`9:5 The 9wtterCity 'and Architect, respectively, bind themselves, their partners, successors, assigns and legal •representatives Ito the other party to this Agreement and to the partners, successors, assigns and legal representatives •afsuch other;patty withrespect to all covenants of this Agreement. Neither the Owner City nor the Architect shall assign this Agreement without. the written consent of the other, except that the Owner -City may assign this Agreement to an •institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's;City ofFayetteville's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. §9:6 This Agreement represents the entire and integrated agreement between the Owner -City and the Architect and supersedes all prior negotiations; representations or agreements, either written or oral. This Agreement may be afnen$ed only by written instrument signed by both Owner City and Architect. §9:7 Nothing contained; in this Agreement shall create a contractual relationship with or a cause of action in favor of a'third&iparty against either the 'OvterCC& or Architect. PAGEI §'The Architect shall have the right to include photographic or artistic representations of the design of the Project amonkifhe Arclutect'"s (promotional and professional materials. The Architect shall be given reasonable access to the completed Project.o representations. However, the Architect's materials shall not include the Owner's Gity o£iF.ayet'teville's coJtfid'ential or proprietary information if the Owner City has previously advised the Architect in writing Dtthe specificlinformation considered by the Owner City to be confidential or proprietary. The Owner ;City shallllprovide professional [cr dit;for the Architect in the Owner's -City of Fayetteville's promotional materials for the Prolecc,. II.. §'.9119; ftthe Ownef''City requests the Architect to execute certificates, the proposed language of such certificates shall•`.beTsubmitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall:not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. .4 expense•of overtime work requiring higher than regular rates if authorized in advance by the own ? tySf Fayetteville: .5 renderings, models and mock-ups requested by the Owner;City: .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner City in excess of that normally carried by the Architect and the Architect's consultants; !PAIGE41 Rec$rds.ofiReirribursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner -City or the Owner'c City of Fayetteville authorized representative at mutually convenient times. The Owner City of Fayetteville shall compensate the Architect as follows: Additions and Deletions Report for AIA Document B151' -1997. Copyright O1974, 1978. 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 13:39:38 on 01/13/2006 under Order No.1000187539_5 which expires on 83/2006, and is not for resale. User Notes: (1029215292) iJiTh1. r t. r r 111 11 r r 1 111 __ rr S h matieLEf6sign Phase: percent ( ;•: Schematic.Design Phase: Fifteen nercent 15 U. ' m'- o _ Dslpm.nt Pace. percent ( '• !Design Developrrlent Phase: Twenty percent 20 no Con struction:Documents Phase: Forty percent 40 ¶2) ... flTddiii. ot Air. tiation phaac: percent %) A dding.or Negotiation Phase: Five percent 05 7) • Cb_a fru n Flute: p f �) ;. • Cons(ruction;Pliase: Twenty percent 20 no percent .: PAGE'13 §'.113.3 FoT Additional+Sewices of Consultants, including additional structural, mechanical and electrical engineering services and those ;provided under Section 3.4.19 or identified in Article 12 as part of Additional SefvYces; a;multiple of one:nointtitwo ( 1.2 ) times the amounts billed to the Architect for such services. ForReimbursable Expenses, as described in Section 10.2, and any other items included in Article 12 as iRe inbursableExpensesi is �rnultiple of one point two (1_2 ) times the expenses incurred by the Architect, the Architect's employees land consultants directly related to the Project. 11.9.1.If the7Basic Services covered by this Agreement have not been completed within fourteen ( 14 sf & • months of ththeldate`Xhereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be com`pensafe`deas provided in Sections 10.3.3 and 11.3.2. § 11.5.2 Payments are due and payable fifteen ( 15 ) days from the date of the Architect's invoice. Amounts unpaid ( )4s after the invoice date shall bear interest at the rate entered below, yr in the absence the re of at 'VwJgaitfflopitvailing from time to time at the principal place of busincss aft/ic Architect. •.• fns n a eTrhe City of Fayetteville will endeavor to pay within 30 days of the date of the Architect's invoice. -Without guarantee of interect agreed upvnjsuch timing. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's Owner's and Architect's principal places of business, the location of the Additions end Deletions Report for AIA Document B151m-1997. Copyright O1974,1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA0 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 10 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 13:39:38 on 01113/2006 under Order No.1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (1029215292) 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`2'1-1._Additional Services: LSD_Planninli: Not to exceed $10,000.00 Lump sum fee for normal LSD process and does not include citizen group meetings or other activities outside the normal LSD planning procedures. Citizen group meeting participation will be hourly per Article 11.3.2. in scope, cost for -fees. ]2:1 _iBasic Service do.not,include infrastructure improvements off site and do not include the design or 1'2.4 ±tThtofi r®osed consultant`s. With approval of the City of Fayetteville, the following consultants will be use$on;the,pcoiect MEP Engineers _ _ Green Anderson Engineers, Inc. Structural Engineers Engineering Consultants, Inc. CiviLEngioeers — _ McClelland Consulting Engineers Geo'technical McClelland Consulting Engineers The✓Ar6hitectcan change the use of consultants. the City of Fayetteville has the right to approve or disapp eranvchange in consultants. OWNER • C OF FAY TEVILLE • ,..:. Dan Coodv;rlyfa`yor WITTENBERG DELONY & DAVIDSON Richard Alderman, Principal Additions and Deletions Report for AIA Document B151TM —1997. Copyright O1974, 1978, 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 ii 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 13:39:38 on 01/1312006 under Order No.1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (1029215292) :.;. , Certification of Document's Authenticity AVA&•Document D401 TN1 -2003 1, Richard Alderman, hereby certify, to the best of my knowledge, information and belief, that I created the attached ;final -document simultaneously with its associated Additions and Deletions Report and this certification at 13:39:38 • - on:01 /13/2006 under Order No. 1000187539_5 from AIA Contract Documents software and that in preparing the • ' attached final' document I made no changes to the original text of AIA® Document B151TM — 1997 - Abbreviated • Standard Forimof Agre'e`ment Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. I --- • • nS. - r4 d • I•ICIGCc AIA Document D401m -2003. Copyright® 1992 and 2003 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 AIAe Document, or any portion out, 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 13:39:38 on 01/13/2006 under Order No.1000187539_5 which expires on 8.512006, and is not for resale. User Notes: (1029215292) City of Fayetteville Staff Review Form a/7 /o6 /7-06 7 -Feb -06 City Council Meeting Date j41/ ,'tali !.1 3j Ac/any Coy Hurd Yt Building Services Financial and Internal Services Submitted By Division Department i required is for the Fayetteville City Council to review and approve the attached contract. This contract the City of Fayetteville and Wittenberg, Delony & Davidson, Inc.) is for the design and oversight of the :nt for current Fire Station #5. This contract is for the sum of $70,000 (basic services, $55,000; Large Si $10,000; and reimbursable expenses, $5,000). $70,000 Cost of this request 4470 9470 5804 00 Account Number '05007 Project Number Budgeted Item O Department Director $1,846,716 Category/Project Budget $0 Funds Used to Date $ 1,846,716.00 Remaining Balance Budget Adjustment Attached Fire Station #5 Relocation Program Category / Project Name Fire Improvements Program / Project Category Name Sales Tax Imorovement Fund Name Previous Ordinance or Resolution # Date Original Contract Date: W / Z3 DG City Attorney Finance and Internal Service Director Mayor Date Date Original Contract Number: FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE MEMORANDUM TO: Mayor Dan Coody and the Fayetteville City Council THROUGH: Stephen Davis, Financial and Internal Services Director FROM: Coy Hurd, Project Manager DATE: January 20, 2006 SUBJECT: Approval of a $70,000 contract (with Wittenberg, Delony & Davidson, Inc.) for the design and oversight of the replacement for current Fire Station Five Recommendation: Staff recommends that the City Council approve and authorize the Mayor to sign the approved contract documents. Background: Relocation of current fire Station Five has been identified as a necessary action for the continued adequate protection of lives and property of Fayetteville citizens. The location of this facility has been designated as the intersection of Crossover and Old Wire Road. To facilitate this project, Staff recommends that Wittenberg, Delony & Davidson be hired to design a five -thousand square foot fire station (including site work, architectural, mechanical, electrical, structural and associated systems). The firm would then oversee the work in -progress. This work will be based on the re -use of a previous prototype design. This project was included in the 2005 budget and has been re -authorized by City Council for the 2006 budget. An Amendment 78 Bond Issue was proposed to provide the funds for the construction cost of this project in the 2005 Budget. It is anticipated that this financing mechanism will be used for this project in 2006. Amendment 78 financing is limited to 5 -year duration and debt service for the bonds is to be paid from etisting revenues available for General Fund and Strew Fund. The debt rr service for this issue is budgeted in the Sales Tax Capital Improvement Fund and utilizes a portion of the city sales tax. The cost of this fire station is proposed to be grouped with the cost for Fire Station 3 for a combined Amendment 78 Bond Issue. Staff is also submitting a Resolution -of -Intent -to -Reimburse as a separate agenda item so the City can recoup cost incurred prior to issuing the bonds for these two fire stations. It is not likely that Fire Impact fees can be used for any portion of this project because this project does not add fire capacity — it relocates existing capability. Fire Impact fees can be used for Fire Station 3 because that fire station adds capacity. Discussion: City Staff (Fire Department and Building Services) has negotiated with Wittenberg, Delony & Davidson, Inc (WDD) representatives regarding fees for this work. The resulting fee schedule is reflected in the attached contract and summarized below: Basic services...................................................................... $55,000 Taking the design through Large Scale Development Review .............. 10,000 Reimbursable expenses.......................................................... 5,000 Totalfee.............................................................................. $70,000 Staff deems this proposal to be fair and equitable. Budgetary Impact This project is funded in the Sales Tax Capital Improvements Fund, account number 4470 9470 5804 00 and project number 05007. RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF $70,000.00 WITH WITTENBERG, DELONY & DAVIDSON FOR DESIGN AND OVERSIGHT OF THE REPLACEMENT FOR CURRENT FIRE STATION #5. 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 $70,000.00 with Wittenberg, Delony & Davidson for design and oversight of the replacement for current Fire Station #5. A copy of the contract, marked Exhibit "A" is attached hereto and made a, arts hereof. PASSED and APPROVED this 7th day of Februawa0`06. , Mayor SMITH, City Clerk From: Clarice Pearman To: Hurd, Coy Date: 2/13/06 2:18PM Subject: Res. 17-06 Coy, Attached is a copy of the above resolution passed by February 7, 2006 by City Council. I will forward to you via interoffice mail one of two original agreements. . •11WITTENBERG, DELONY & DAVIDSON ARCHITECTS 2434 Eioyce BWd., Suite 10 FAYEREWUE, AR J2727 03 479/442-6581 479/2SI-0231 FAX TO: DATE: 2-16-2007 PROJECT NUMBER: 06-007 Fire Chief Tony Johnson City of Fayetteville RE: LSD - Submittal Plans for Fire Station #5 - Replacement WE ARE SENDING YOU: ❑ SHOP DRAWINGS ® PLANS JJ FLOPPY DISK ❑ ATTACHED ❑ VIA FAX ®' COPY OF LETTER ❑ PRINTS ❑ CHANGE ORDER ❑ SPECIFICATIONS ❑ SAMPLES ❑ ❑ UNDER SEPARATE COVER VIA: COPIES DATE NO. DESCRIPTION 1 Application Paperwork 1 Submittal Documents PLEASE CHECK AND ADVISE IF ENCLOSURES ARE NOT AS LISTED. THESE ARE TRANSMITTED (AS CHECKED BELOW) ❑ FOR APPROVAL ❑ AS REQUESTED ❑ REVIEWED FOR GENERAL COMPLIANCE O RESUBMIT_ COPIES FOR APPROVAL ❑ FOR YOUR USE ❑ FOR REVIEW AND COMMENT ❑ REVIEWED FOR NOTED COMMENTS O SUBMIT _COPIES FOR DISTRIBUTION ® FOR YOUR INFORMATION ❑ RETURNED FOR CORRECTIONS O RETURN _ CORRECTED PRINTS REMARKS: For your files The Technical Plat Review will be March 01 at 9:00am at the City. COPY TO: Coy Hurd, City of Fayetteville BY:' Richard Alderman, AIA t 3 N 0 +�'• ii�rO NuiN c� �1Ni �r 4, vT 1 rx'%A .: Z: p"p. y Y�jilyyLx ��s�e71`aD I QW" o ro a ggca/ m e' e• -.? Lc m em q (' art 1.x.' -4) :Y -'V th; /XWi •' 1^1sO $1C Q) `G F' J JSI 2y�, cr.CD o / •Ol �.1N ,%A :i.t'iW /(rLyiZ N %s' c.�Jt (YTS d4 �f l(,%f A � In I J.�� ,Yy([4J' L�i m ci o a m 0 m W m p z Q N O N / m m m m ,n SW 2 Nc lDy -' N• r N D O d O dD O i. m 3 x 1 T1 C -Es CD S'iiDD -- _.c oci o3 a+ Z Z O o co tnA m O W O m � oc a �c 3 (Il o3 cn WE W m tmwl OI4 N N J < * !j O Cum • vy .'fir t r- Q! yM.- — m m N kCo N4m i,._;.. C• - m -E W xcc4 tD `J01m W S ;-j Dc 3 T X11 L.. ci m o:ct 2 2 m C. 3 z z'; N 61 cn V C4 W � O ' N Cl ,C) V' o ma m . m0 p O3 mN ma z 0) 1 _ 02/16/2066 470104 47443924i MCCLELLAND ENGINEERS PAGE 01 P.O. Box 1229 Fayetteville, Arkansas 72702-1229 479-443-2377 FAX 479.443-9241 To: The City of Fayetteville — Planning Staff From: McClelland Consulting Engineers Date: February 16, 2006 Subject: Fire Station #5 Large Scale Development Application Conditional Use Application Submitted for your review are the Large Scale Development Plans for Fire Station Number 5 located upon the southwest comer of Crossover Road (Arkansas Hwy 265) and Old Wire Road. This 1.56 acre parcel of land is currently known as Routh Park and is owned by the City of Fayetteville, Arkansas. Being a parcel of land owned by the City of •Fayetteville, both the Large Scale Development and Conditional Use Applications have been forwarded to the office of the mayor for signature. Further, we request that fees be waived for this development project. Proposed Is a 5,500 square foot fire station facility with associated parking, utilities, landscaping, and greenspace. This land us currently within' the 100 yearfloodplaln and will require substantial amounts of fill material to raise the finished floor elevation a minimum of two feet above the base flood elevation. The City of Fayetteville Parks Department has expressed interest in developing a portion of the future Multi -Use Trail System in this area - a potential layout of a future Trail Head' has been illustrated upon the site plan. We look forward to working with the City of Fayetteville to ensure the health safety, and welfare of its citizens with the development of both Fire Station #5 and the associated section of Multi - Use Trail Please contact me at any time to discuss any questions or concerns that you may have, Sincerely, Mike Morgan McClelland cohsutiing Engineers 479,443.2377 M m orga n @McClelland -en grs.eom 02/1S%200S 1704r ''4794439241 MCCLELLAND ENGINEERS PAGE 02 CITY OF FAYETTEVELLE, ARKANSAS CONDITIONAL USE _ n ... .._ le_ ♦) �`y� -:,- r 2t. u 1. �.•1 .. n Pleasc fill out this form completely, supplying all necessary information and documentation to support your request Your appUcatfon svWU not be placed on the Planning Conenicsion agenda until this lnfoneation is furntshed Anulication: Indicate nne contact person for this request: _` Applicant _ X Representative Repraentadve (engineer, surveyor, rcaltor, etej; Name- Michael G. Morgan Mc C1e11and Consul jn Frp n a Inc. Address- 1R1n N r-,+ ge Av Fny�ttv4flp 41? 797I E.61: 0l G, 1 —�: U. i2.�: Set•, Phone - ey s Fax- nrnor&an@mcclezxand_engrs.com Phone - (47g )443-2377 Fax. (479) 443-9241 Site Address/Location: Southwest Corner of Crossover Road (AR Hwy 265 & Old Current Zoning District: RSF-4 Assessor's Parcel Ntunbcr(s) for subjoct property 765 -132777 —(inn TYPE OF CONDTT7ONAL USE •RETN0 REQUESTED (chock one) • S Duplex in RSp-4 zoning district • random lot • Dance hall • Bed & breakfast * • •' Rome occupation • Wireless Communication facility * • • Odor -emitting or explosive handling facility * • • Change of non conforming Use • TvlanUfactured Hortic/Home Park • Detached Sccond Dwelling Unit Frbrxary 2004 Papa I 92(1'6%2006 1704 47944f39241 MCCLELLAND ENGINEERS PAGE 03 Additional parking Other FJN4NCG9l, INTERESTS The following entities and / or people have financial interest in this project: APPLICANT I REPRESENTA77VE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completoness, determination, or approval. I understand that the City might not approve what I am applying for, or might sd conditions on approval. Name 'bed: Michael G. Moran Date: Signature: PROPERTY OWNERS) /AUTJIOR)ZED AGENT, I/we certify under penalty of perjury that I am/we ace the owner(s) of the property that is the subject of this application and that Ihve have read this application and consent to its filing. (Ifsigned by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behalf) Owners (attach addltianal info if necccswy), Name (printed): Signature: Date; Name (printed): Signatuae: Date: Address Phone - Address Phone - Checklist: Include the folowing items with this application: 1, Payment in full of applicable fees for processing the application ($100.00). Make checks payable to the City ofFayetteville. • ' 2. Legal description of property (may be found on deed or current survey of property), A survey may be required if the deed cannot be platted accurately. • 3-, Complete written description of this request (what is proposed by the applicant) to include; Building size in square feet; existing and proposed Number ofoff-stied parking spaces to be provided /number required When request applies to a business. February 2004 Paget 02/,1'6/.2806 MCCLELLAND ENGINEERS PAGE 04 Hours of opotation Number of employees Anticipated number of patrons, clients, childn n, customers etc, (average per day / peak hour) Outdoor lighting 4. Two set, of typed, mailing labels listing the name and address of each adjacent property owner. May be found at the county assessor's office, • ' There are specific notification requirements for several conditional use requests, The applicant is responslblc for understanding these requirements and providing proof of notification when necessary for this application. Please contact Planning staff for further details. 5. A copy of the plat on record in the c for every adaocnt r ounty assesplatsoap). The ov Mes name and the parcel number I property shall be shown on this plat (map). 6. Site plan drawn to scale, based on tho deed or sutvcy, showing all proposed atructurua dimensioned from the overhang to the property line, required setbacks, • • 7. Preliminary floor plans drawn to scale showing: a. Location of walls, doors, windows U. Identification y5f' activity areas *Nom Requests for several different types of conditional use permits require that the applicant pmvidc additional information and/or notification It is reeommendod that all applicants schedule a meeting with a Planner prior to completing a conditional use application, Additional ordloance information for each specific application may be obtained from the Planning Division Februmy 2004 Fagc 3 02/16/2006 17i04 47.94439241 MCCLELLAND ENGINEERS PAGE 05 PHYSICAL ALTERATION OF LAND (i.e. Grading) STORMWATER MANAGEMENT DRAINAGE AND EROSION CONTROL PERMIT APPLICATION Protect Location/ Parcel #: 765-132777_000 Project title/name: Fa ehteyille Fire Station Date: February 2006 Is the submittal: Preliminary•: X Number of Acres: _ or Final: 1.46 �--�_ If final, please list the date of the preliminary submittal: Type of Work: Residential: ~—�"` �— -- Or Commercial: Single Family or Duplex Permit for �- TYPO of Commercial: Drainage also? Ycs: X _____— or No: 4PD1kantinformatio11. Name: Michael G. Morgan Organization: McClelland Consnitin AddreSS: 1810 N, CoZle a AVe g Engineers, Inc, Phone: 79-443-2377 E-mail: nor an Cell: 479 3g3 -530-4393 @mcclelland-en rs.co Fax: 479 41 Owner's information: Name: Organization: Address: Phone: E-mail: Ce11: En ineer/--- Architec(•, informaliVn: Name: Richard Alderman Organization: Address: 2434 Delone & Davidson "... Phone: East Jo ce $lvd,; Fayetteville `�-- �479-442-6681 . AR 72703 E-mail ALDERMAN@WD Cell: CHITECTS.COM ��� Fax; 47951-020 Owner's Signature: •0211692006 37x04 47,94439241 MCCLEULAND ENGINEERS PAGE @6 FOR OFFICE USE ONLY: Review fee schedule: Up to 0.5 acres $75 0.51 to 1.0 acres $1(10 Fee required: (Note: fee generally required at the pre)iminaDate Paid: ry application) over 1.0 acres $200 Approval: —�~ Hansen #: Denied: PlanningProject #: Date: Engineering File #: Signature: City tngineer or authorized Staff Engineer Comments: I A 17::04 4794439241 MCCLELLAND ENGINEERS PAGE 07 CITY OF 1'AYETTEVILLE, ARKANSAS LARGE SCALE DEVELOPMENT A . Zone, Plcasc fill out this fonn completely; Supplying all necrvary information and documentation to support your request. Yonr application it'll! not bep(aeed on the Planning Commission agenda anti(this information Lc furnished, AyDjjeafto,i. Indicate one contact person for this request A licant Applicant (person making reguesJJ: pp � Representative Raprea nt Name - ante (engineer, sarvayor, rea(tnry e(c.): Name- Michael G. Morgan McClelland onstl ing rs Inc. Address - , Address- 1810 N. College Ave, E-mail: a ettevtlle, Phone- ccle an -engra. coin Phone - 479). 443-2377 479 443-9241 S[teAddressILocation: Southwest Corner o£ Crossover Road d Wire „s (AR Hwy 265 Curreat7oniogDistrict: RSF-4 Assessor's Parcel Numbers) forsub'et c � property: 765-132777-000 Tint Acreage: 1 46 Number of Lotc:`� /MI'A CT F$,E n)`rJLt?JNATJON Residential Number ofDK, Non-residential elling Units; `Metcrsitc(s): ----- "Prior to Submitting an application, the appl aci itl each nan- cmttactthe City of Fayetteville Meter Division ($7Sg3gq) to determine the sire water serve the residential large Scale Deveio Proposed development. Meter sizes shall also be pment shat F'IIV J • dcarl) noted on the meters) necessary to AA LJi1G J.NTFR,i;ST,t• Project pin. T he following entities and / or people have financial interest in this project: Feb.10? ZQat Page [ 02X16/2006 17:'04 4794439241 MCCLELLAND ENGINEERS PAGE 08 APPLICANT/,REPRESENTATIVE: I certify under penalty ofperjary that the foregoing statements and answers herein made all data, information, and evidence horvwith submitted are in all respects, to the best of my Imowledge and belief, true and correct. 1 understand that submittal of incorrect or false information is grounds nCapplieation cot rplelcn as determination, or approval, I undcrsuutd that the City might not approverwhat 1 em on applying for, or might set conditions of approval. Name(printed): Michael G. M.,,-,..... PROPERTY OWNER(S) at is til1ORbeEI)f (Ili, :1/we certify under penalty of perjury that I amJwc are the owner(®) of the property tha(is the subject of this npplication and that 1/we have read this application and consent to its filing. (If signed by the authorrzed agent' a tenet from each property owner must be provided rndicatin the agent is authorized to ace on his/her behalf.) g that Ownc.•rr (attach addirfonai info if necessar71•- Name (printed): Si ature: Date: r� Name (printed): Si score: Date: Address - Phone Address - Phone Checklist; Attach the foriowin,q items to they, application: O Payment in full of applicable fees for Processing the application: LSD Non -Residential Ten or less residential units $800.00 Twemy_fivc or leas residential units 'W0.00 .1•wenty-six or more residential unil.s $400.00 $800.00 Grading & Drainage Up to .5 acre -5acre to Iacre $75.00 Over 1 acre $ 100.00 Tree Preservation 1200.00 o Correspondom:r. in the fore, of a written feller to I'lannin $120.00 the rJopol• g Staff describing the scope, n P , azure and intent of o Legal description ofpropeny (may be found on decd or cutrem Survey of propertyy. A survey may be () Two sets of typed, mailing labels listing the name and address of each apjacent ro found at the county, assessor's office, P Per'tY owner. Maybe A copy of the plot on record in the county assecsnr's office, The ot*'r,cr's name and the Parcel number for "Cbrm,y loaf Page) T� 1L.Y 02/16/2006 '17af64 4'794439241 MCCLELLAIe ENGINEERS PAGE 09 Page lot I Gosd+.� , OWeen I L . o V SCNWI L. // { MapeteatedvdthArdMS-Copyrlght(C)1992-2006ESRIInc. — -213 Feed_ http://geodata_co.washington.ar.us/output/waahington countyiWashington—SCORPIO1328'.. 2/10/2006 @2/116%2006 17:f04 . 4794439241 MCCLELLANDiENGiNEER5 PAGE 10 Page I of I http://geodata,00.w&%b ngton_ar,us/output,washington_county/wash,ngton_SCORPIOl328... 2/10/2006 ra + C. @2/16/2066 17;: 04 4794439241 MCCLELLANDiENGINEERS PROPERTY SEARCH 1. PARCEL: 765-13261-010 OWNER: Robin Nastasi ADDRESS: 2040 North Bridgeport, Fayetteville, AR 72704 2. PARCEL: 765-13291-000 OWNER: Sharon Hampton ADDRESS: 2880 N. Crossover Rd., Fayetteville, AR 72703 3. PARCEL: OWNER: 765-13287-000 Leo & Nola Van Scyoc ADDRESS: 2910 Old Wire Rd., Fayetteville, AR 72701 4. PARCEL: OWNER: ADDRESS: 765-13278-000 E.S. & Sonja Lawbaugh 2916 Old Wire Rd., Fayetteville, AR 72703 S. PARCEL: OWNER: ADDRESS: 765-13279-000 John & Cheryl Carden 2913 Old Wire Rd., Fayetteville, AR 72703 6. PARCEL: OWNER: ADDRESS: 765-13279-100 City of Fayetteville 113 W. Mountain, Fayetteville, AR 72701 7. PARCEL: OWNER: ADDRESS: 765-13274-000 Lee & Patricia Owen 3105 Old Wire Rd., Fayetteville, AR 72703 PAGE 11 02/1'6/2006 1704 47.944'3,9241 MCCLELLAND ENGINEERS PAGE 12 ROUTH PARK PROPOSED SITE FOR FIRE STATION No. 5 SURVEY DESCRIPTION: A PART OF THE SW Y4 OF THE NW Y4 OF SECTION 31, T -17-N, R -30-W, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF THE SW Y4 OF THE NW 34 OF SAID SECTION 31, THENCE SOUTH 1'59'17" WEST - 540.48 FEET, THENCE SOUTH 88'00'43" EAST - 497.75 FEET TO A EXISTING CORNER POST FOR THE POINT OF BEGINNING, THENCE NORTH 1'53'00" EAST ALONG A EXISTING FENCE A DISTANCE OF 482.78 FEET TO THE SOUTH RIGHT OF WAY LINE OF OLD WIRE ROAD AS RECORDED IN DEED RECORD 1162-392; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE NORTH 86'48'51" EAST - 8.67 FEET; THENCE SOUTH 863632" EAST - 145.80 FEET TO THE WEST RIGHT OF WAY LINE OF ARKANSAS HIGHWAY 265; THENCE ALONG SAID WEST RIGHT OF WAY LINE SOUTH 3'13'39" WEST - 152.49 FEET TO THE START OF A CURVE; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE TO THE WEST A DISTANCE OF 342.35 FEET, SAID CURVE HAVING A RADIUS OF 764.96 FEET AND WHOSE CHORD SEARS SOUTH 16'02'55" WEST - 339.50 FEET; THENCE NORTH 862925" WEST ALONG A EXISTING FENCE A DISTANCE OF 67.75 FEET TO THE POINT OF BEGINNING, CONTAINING 1.46 ACRES, MORE OR LESS, Vr' Coy Hurd, Project Manager Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts N/A City Council Meeting Date Building Services Division Action Require action required is for the Mayor to sign the attached Change c$364.33> Cost of this request 4470 9470 5804.00 Account Number 05007-1 Project Number Budgeted Item J 6s /z/-at/a6 Cc) Operations Department $ 1,846,716.00 Fire Station Five Relocation Category I Project Budget Program Category / Project Name $ 1,538,940.00 Fire Improvements Funds Used to Date Program / Project Category Name $ 307,776.00 Capital Sales Tax Fund Remaining Balance Fund Name Budget Adjustment Attached / I-, It ' Previous Ordinance or Resolution # Department Di t Date Original Contract Date: Original Contract Number: • / /9 a� City Attorney Date rn (� ,1l Received in City Clerk's Office `1 z,.� a.��Gti� t�- tq-ora a Finance and Internal Service Director Date Received in Mayor's Office FMiM X19 Date FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDE it f fll r• t W . IJ%i TO: Dan Coody, Mayor THROUGH: Gary Dumas, Operations Director FROM: Coy Hurd, Project Manager DATE: 12/21/06 SUBJECT: Change Order Number One, Fire Station Five Project Recommendation: Staff recommends that the City accept Change Order One on the above referenced project, and that the Mayor sign the attached Change Order Document. Background: The progress of the Fire Station Five Project remains good. At this point, the Contractor is about two weeks ahead of schedule. Completion is seen as summer of 2007. At this point in the work, there have been several adjustments to the design; these require a Change Order. Please note that the bottom -line value of the CO is a credit back to the City of $364.33. Discussion: The Mayor will recall that we have previously discussed the individual items listed on the CO, and, at that time, he was in agreement with these items and related values. As this project fund has been approved by the City Council, it is not necessary to go before the Council for approval of this CO. Memo of 12/21, page two Budgetary Impact: As stated, the budgetary impact of this CO is a positive one and will reduce the contracted amount by $364.33 s .a WITTENBERG, DELONY & DAVIDSON, INC. R F'uilff PQDER Northwest Arkansas Office C 11JJ 2434 E. Joyce St., Ste. 10 DEC 12 2006 Fayetteville, AR 72703 �{Y 11: 479-442-6681 Fax: 479-251-0231 \ f1 PROJECT: CHANGE ORDER NO: 01 1 1 CITY OF FAYETTEVILLE, FIRE STATION #5 CROSSOVER ROAD DATE: 12-11-2006 FAYETTEVILLE, ARKANSAS OWNER: NTP DATE: July 17, 2006 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS TO: PROJECT NO: WD&D Project 06-007 BOSSLER CONTRACTING, INC. 116 S BROADWAY SILOAM SPRINGS, ARKANSAS 72761 CONTRACT FOR: GENERAL CONST PH# (479) 549-3971 You are directed to make the following change(s) in this Contract: 1) Credit for Changes to FDC Backflow Preventor 2) Proposal Request #4, Changes to window types 3) Proposal Request #6, Changes to Deck Dimensions <$ 512.40> deduct $ 3,556.79 <$ 333,72> 4) Proposal Request #7, Changes to Water Heater and Recirculation <$ 1,575.00> 5) Proposal Request #8, Relocation of Electrical Service Panels $ 0.00 0) Adjustment to the Signage Allowance (change from $3,200.00 to <$ 1,500.00> $1,700.00) Total changes ,Ke)BYYCi:Tiyl7TaNT:Ii The original Contract Sum was: $ 1,466,000.00 Net change by previously authorized Change Orders: $ 0.00 The Contract Sum prior to this Change Order: $ 1,466,000.00 The Contract Sum will be decrease by this Change Order: $ < 364.33> deduct The new Contract Sum including this Change Order will be: $ 1,465,635.67 The Contract Time will remain un-changed. add deduct deduct no change deduct <$ 364.33> deduct Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. WITTENBERG DELONY & DAVIDSON, Inc BOSSLER CONTRACTING CITY OF FAYETTEVILLE 2434 E. Joyce St., Ste. 10 116 S Broadway 113 West Mountain Fayetteville, Arkansas 72703 Siloam Spr' g Ar ansas 72761 Fayettevi , Arkansas 72701 BY: n n/ .coujJ BY: BY: DATE: %' '' DATE: /Z DATE: Z VG r DEC-11-2006(MON) 16:15 t • P.001/007 116& Broadway, Siloam Springs, AR 72761 479549.3971 FAX 479-549-3972 TRANSMITTAL Date: December 11, 2006 Company: WD&D Contact: Stephen DeNoon Project: Fayetteville Fire Station #5 Project No: 06-007 From: Kyle Rodgers, Project Manager Attached are sending you the following items: 1TX Description I Change Proposal 010— To delete the 3d check valve on the fire riser. Remarks: •V1 1 ,1 11 1 11 1 1 ❑ For Approval O Approved as Submitted ® For Your Use O Approved as Noted O As Requested O Revise and Resubmit o For Review and Comment ❑ Other: P"JL 1 .Y :q6 1 Y OEC-11-2006(MON) 16:16 1 P.002/007 Boaster Contracting, Inc. 116 S. Broadway Siloam Springs, Arkansas 72761 CHANGE PROPOSAL REQUEST CO# PROJECT: Fayetteville Fare Station #5 CR/PR 8 0i0 DATE: 12/11106 ARCHITECT: Witbnbarg, Delory a Davidson, Inc. Ann: Stephen DsNoon REASON FOR CHHANGE Per the architects request we have received the cost to delete the 3rd check vat on top of the back}low of the The riser. MATERIAL MATERIAL LABOR LABO DCSCRIP11ON ANT UNIT U/P EXTENSION CODE U/P EXTENSION CODE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subtcal 0.00 0.00 Sales TUUPayrall T & I 9.13% 0.00 29.80% 0.00 Chan Up/Treeh Removal 6.00% 0.00 Subtotals 0.00 Total Materials and Labor $0.00 SUBCONTRACTOR CHANGE International Fire Protection Labor and materials (or plumbing needs ($488.00) See attached information form mrb cor*actor Total Subcontractor Charges ($488.00) B.C.I.-OH & PSub Items 5.00% (524.40) B.C.I.-OH & P -Own Work 12.00% $0.00 Subtobl ($51240) TOTAL THIS CHANGE 1240 This proposul win result In 0 delay days. Proposal by: Architect Accepance Owner Acceptance Bossier Contracting K,lt ;Z. -RoA6tv-s Dates 12/11/06 Date: Data: DEC-II-2006(MON) 16:16 R11 Date/Tire NOV-2D-2006(TOE) 13:04 FROM :IFP $6 FAX NO. :4799730991 P. 003/007 4799730091 P. 001 yr INTERNATIONAL FIRE PROTECTION INC. "Complete Fire Protection Service" To: Bossier Contacting Atm Kyle Rodgers Fax 479-549-3972 !t4 1�i • •1 1 1 M Li • . .1, . If . 1 .11. 1 1-� .11.'Ir ll rl p --•r.' 1 1_ II II -r it-.vlu •. Iq 1 • 111 ul'. X111 1 .. •• 1 YM11.. • 4 'I • .r r I -11 1 r • u• r - 1- •I -q rll •r 1 11 1• 1 r 1 1'111 11.• 1 •' • 1 ri•. 1 1'1 1 1• 1 1 11•II • -• ,1 1 11.1 111 11 11 IYI 1' 11 MI 1 1 •, 1: �•+ In- I• L• • IJ1s.111 • 11 II • 1 r • 1 1 • 1• 1 -••1 • 1 ..I 1 �• • •1 Ir •1 1 1 1 1 11 •r .Ilil • 11 1 11 I•Ir • •L- ,_'!I'1.$ ' 1 •1 - ru 1' IP • • • • I) • If • � Itl II• 1 1 11 -� 11 1"1- 1.. 'll 1 1 1 11 •4 • • 1 ' 111 •11 • 1 -1 1 11111 I 11.1'-n • 1 1 • • 1 • 1 1 1 1_ I• • I �• I/ - 111 . 11Vi: -1• ♦.1.__ ; LI- 11• 1 •' 4♦ q _ 1 . , 1 1 :11.1 4\ 1 11 1 I , Y, 11 •1 1 - -1 1 1 • I YY. • 1-• .11111 •:I •_1 , • 1Y• II 11 •' I•.. I-• L -I • 11'•- 1111 I. •• 1841 Er as$ie Dr. - Fa%muvae• Munro 72704- Ohm (479) 97310721 - Fix (4)a) 973.0091 1 DEC-11-2006(MON) 16:16 Rx Date/Time NOY-2B-2OU6(TUE) I3:04 FROM :IFP 16 FAX N0. :4799730091 Instructions for Installation Operation, Care and Maintenance P. 004/007 4799730091 P.002 Nov. 28 2806 12:�M P2 Bulletin 407nmi.H Model E Alarm Check Valve a 4"(100 mm), 6"(150 mm), 8"(200 mm) Sizes W th Model E3 Trim Lblad by uamwrrt s Labai$cda, Inc. App mad by FaebNp MtduM Cae"MO n, and ciba era kowan a and gmarn mw apandn In axe Undid It and fn caamt+aa. DEC-11-2006(MON) 16:16 Rx Oate/Time NOV-28-2006(TUE) 13:04 P. 005/007 4799730091 P. 003 riel :iFP 16 Trim Description FAX NO* :4799730091 fire E3 trim sets for the Roiab a Model E Akum VNlve (Figure 2) are arranged for rapid, easy and comppact attachnient, and serves as connection points in AS. able Alarm and other devices. lbs trim So serves as mean for tooting the operation of the alarm duvicee without causing the system to operate, Throe trasic Model F-3 trim sots Oro available lot use with the Model F. Alarm Valve: • Constant Pressure Closed Drain-. Retard chamber is not required. This trim sot is tined where water supply pressure does not vary. An aubDmaUc draining is provided lu drain the mechanical sprinkler alarm line. This drain connection .dbe Piped separately from the 2' (,Omm) mn ai rain e YuielrlePtsarsawith ClrassdRalis C lertttreromin— Model E1 Retard chamber Is requinM. This trim tat Is used where water supply pressures vary. The retard chamber and the mechanical sprinkler alarm line Are drained through a cloned connection to thu 2' (5tlmn) ddrain fine. Onlyone drain con action is rarud►ed. Fach Model E-3 basic trim sot permits either hori- zonual nr vortloMl installation. is drab t 3(t< • For all basic trim sets, the drain line should be more than 2' (000mm) below (ha drip cup or retard chamber Inlet. Alarm valves are listed and approved by Under- writers Laboratories, Inc. and Factory Mutual Corp. only when used with the valve manufacturer's trim sets. Trim kits are available, galvanbed or standard black, in three hirno styles: Individual Part Trim • • Vert 61e sa a y ned Valve CpenRegrrdQtstttberpdn Model El Retard chamber is required. . Optional Train Line Kit required (Figs. P & 3 & S) This trim set is used where water supply pressures vary. M spent ddp cup is .provbuu to drain the retard chamber and the mechanical sprinkler aiann IS. This drain bon• nection should he piped Aeparateiy from Iho 2' main drain. Pressure RNlet Trim ills A Pressure Relief Trkn Kit is required with griddod wet pipe systame. Preswu1e relief trim k isopticndjn Model E-3 Vedablo Pressure trkn sets as Ilktsirated rn Flgrre P, DEC-11-2006(NON) 16:17 Rx Date/flit NOV-2B-2006(TUE) 1304 FROM :IFP £6 FAX NO. :4799730091 1799730091 P. 006/007 P. 004 Hoy,. 20 2006 1209PM P4 Mode( a Vertical & Horizontal Trim Ntustratlons Installation Measurement In Inches (mm) V.ivu 0 E F A B c_ -..I5%i H 4 7 1014 a I6% 15 3H 51% __I�,__j__• 12 414 014 10 1314 100 (R°i. 41v) 111.21 1 H- j14a 11 loll 254 210 Il 7% IIY4 1116 7 '(476 15A 1616 4% 7 12 4% SO 10 6% Zhu (104) (791 (446) (170) (38/) (4 IN (100) (1(H) (306) (114) (165) (754) (177) tab 0... ryR 1114 171. 7._ ibb 7 414 fi* 16114 4A 17 10 0% ax 250 cr Class 3X0 H6rlges, use fisttii iJtpved Vnrtical Vanjpbie TfNn - Top View VwLr:ai Vruinhk, I rim-. rron1 Cievation IYpI vIjM%T clwplinys,slxtlr theStarlatlhgaMorlydC-PIW.Tomltto lod 6dNpters having arm F1raaure rnttig. Horl6ordnl V:ukible Trim - Top View _ Y f - -. +aflatr Hurimntal Variahkt'frim - Frutl Elavatiun B, .111111' IIM OEC-II-2006(MON) 16:17 Ric Date/Time NOV-2B-2006(TUE) 13:04 FROM :IFP 16 4799730091 P. 007/007 P. 005 FAX NO. :4799730091 Nov. 29 2006 12:09PM PS a SEP-21-2006(THU) 13:30 P.001/005 wqsSlere CONTACTIIVG, IIV C. 11S S. Broadway, SOoam Springs, AR 72761 479&{9-3971 FAX 479.54963972 TRANSMITTAL Date: 9-x9-66 Company: WD&D Contact: Stephen DeNoon Project: Fayetteville Fire Station #5 Project No: 06-007 From: Kyle Rodgers, Project Manager I • \ I \I a • i \ N I III t -I I.• t l 1• I t • • 'r\ Is t_i1 For• I • • IIi11 I a••1O - Copy To: Signed: KU1�6�BYS File/Project Manager Nathan Hrdliehka, Superintendont I ; 5EP-21-2006(THU) 13:30 P. 002/005 Bossier Contracting. Ino. 118 S. Broadway Sloarn Springs, Arkansas 72761 CHANGE PROPOSAL REQUEST COR PROJECT. Fayetteville Fire Station #5 CR/PR 0 04 DATE 04/20!06 ARCHITECT: Witten", Delany & Davidson, Inc. Apo: Stephen Dalloon Rol CHANGE: Par the archkacts request we have received the cost to change out tho (4) wndows and replace them with (2) now design "P windows. SION CODE U/P EXTENBIQF 0.00 0.00 0.00 0.00 0.00 0.00 0.DD 0.00 0.00 0.00 0.00 0.00 0.00 D.00 0.00 0.00 0.00 0.00 0.00 0.00 Sales TaiQPayroll 7 & 1 9.13%I 0.00 I 9.00% 0.00 21 Clean UpfFresh Removal Subtotals Total Materials and Labor $0.00 SUBCONTRACTOR CHANGE Arkansas Glass & Mirror Remove 4'P windows and add 2 new "F" windows $3,321,00 CNT Construction Deduct Brick & lengthen Lint is 50.00 Total Subcartrartor Charges 1.00 B.C.I.•OH & P -Sub Items 5.00% $105,05 B.C.1..OH & P -Own Work 12.00% $0.00 Subtotal $3 ,487A5 Porformance Bond Cost 2.00% $50.74 TOTAL THIS CHANGE ®.7 This proposal will result In 3 delay days. Proposal by. Architect Acceptance Owner Acceptance Bossier Contracting K,k AlZoalyeea Data 9/12/2000 Data: Date: SEP-21-2006(THU) 13:30 Rs Date/Time 5EP-20-2006(11E0) 16:27 Sur20-0i 04:30From-Arkmsu Glut P. 003/005 *4797028086 P.001 +4797121011 T-311 P-001/102 F-IT1 ARKANSAS GLASS & MIRROR COMPANY FORT SMITH, ARKANSAS 72901 GENERAL OFFICE - RESIDENTIAL COMMERCIAL & INDUSTRIAL f 1318 SOUTH ZERO 1201 GARRISON AVENUE 479-846.4300 47a-782.9611 888-300-3347 800-844-2914 FAX 479.848.5669 FAX 479-782-8086 CHANGE ORDER PROPOSAL TO: Bolger ConlraoHng, Inc. DATE: 920106 Attn: Kyle Rodgers We pmpr to furnish and Install all malarial 0sted below for theibtdR ap erected or remodeled at PayeLW)6e Fire Motion r36 Feyetlevilk, AR for the sum of $ 3,321 AO S Three Thousand Three Hundred and Twenty -One Dollars and No/100 This Is a two (2) page propoal and requires signatures oil both pages. This proposal includes the following: Proposal Reauut Na 004: To Enlarge Window Type F at the East Elevation Per Revised Drawing X-8 Data 9.9.08. "This Will Delete the 4- Window Type F Frames (Apprwdmateiy 3,4' x Tory from the Original Contract and Replace them with 2- Window Type F Frames (Apprdodmately •174' x 6t). The Price above Represents the Nat Addd for these Changes. 5EP-21-2006(THU) 13:31 P. 005/005 CNT CONSTRUCTION INC. 116 S. BROADWAY SILOAM SPRINGS, AR 72761 To Bossier Contracting: This letter is in reference to the the front windows being changed from two separate windows to one large one on the Fayetteville Fire Station. The deduction of the brick in between the windows will offset the price. of the larger Precast header. There will be no additional charge or deduct for this change. Signed Cassidy Ganaeman President WITTENBERG, DELONY & DAVIDSON, INC. Northwest Arkansas Office 2434 East Joyce St., Suite 10 Fayetteville, AR 72703 Tel: 479&4424681 Fax: 479-251-0231 PROJECT: CITY OF FAYETTEVILLE, FIRE STATION #5 CROSSOVER & OLD WIRE RDS FAYETTEVILLE, ARKANSAS OWNER: CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS TO: BOSSLER CONSTRCTION 116 S. BROADWAY SILOAM SPRINGS, AR 72761 Ph* (479) 524"6602 PROPOSAL REQUEST PROPOSAL REQUEST NO: 004 DATE: September 15, 2006 PROJECT NO: WD&D Job #06.007 CONTRACT FOR: GENERAL CONSTRUCTION Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. Quotation must be received by the Architect within fourteen calendar days from date of the Proposal Request. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. DESCRIPTION: Proposal Request No.004 provides information to enlarge Window Type F at the East Elevation. Provide pricing to enlarge Window Type F at the East Elevation. See attached Drawing X-06: Revised East Elevation. Attachments: o 11"x17" Drawing X-06: Revised East Elevation. WITTENBERG, DELONY & DAVIDSON, INC. By: Dale Scarbrough, Northwest Arkansas Office ihdh cNOSSNOI1V31s or1 aouis 3ld do wASLL3A W�r1Wd3034 3ll/�311iAYd l ` N 0 { w=r<r GC Z Z W WO Li ��=ed II _—J lB Z a w O � Q z�aa Z WW S O=vi"' (I a WILL °' y\NII -- __j ti { CL ® Pt p } Wt W W_ 0 }o I S v M {� k41t kaL,;! ii 9s © �P1 9: . o o ' o -4 ` r4 U L C Yi g ry rl wqssleyoe CONTRACT'1 N G, INC. 1168. Broadway, Siloam Springs, AR 72761 4795493971 FAX 479-549-3972 TRANSMITTAL Date: September 13, 2006 Company: Wittenberg, Delony & Davidson, Inc. 2434 E. Joyce Blvd., Suite 10 Fayetteville, AR 72703 Contact: Stephen DeNoon Project. Fayetteville Fire Station #5 Project No: 06-007 From: Becky Harris, Administrative Assistant For: Creed Lillich, Project Manager Attached is/are the following item(s): Quantity Description I RFI #11 - Outdoor Deck Dimension Remarks: These are transmitted as shown below: ❑ For Approval ❑ For Your Use ❑ As Requested 0 For Review and Comment Copy To: File/Project Manager Nathan Hrdlichka, Superintendent ❑ Approved as Submitted ❑ Approved as Noted ❑ Revise and Resubmit ❑ Other: Signed: RECEIVED SEP 182007 WD&o & D N0V-20-2006(N0N) 13:31 P. 005/008 ti k F F. • u, r r• F' 1 11. • TiIr1. • • .ALL . r III. •ll ,..I II •. :r 'tl III II'S •I,• 111 111 111 M. � 1 I I • 1 1 �IA'.11 B.C.I.-OH & P -Sub bun B.C.L-OH & P'Owtt Work SubtaW Pafammci Bond Cost TOTAL THIS CHANGE M. '.eoI 5.00% (515'56) 12.00% 50.00 ($327.18) 2.00% ($.51) our. NOV-20-2006(MON) 13:32 III P. 007/008 WITTENBERG, DELONY & DAVIDSON, INC. Northwest Arkansas Office 2434 East Joyce St., Suite 10 Fayetteville, AR 72703 PROJECT: CITY OF FAYETTEVILLE, FIRE STATION #5 CROSSOVER & OLD WIRE RDS FAYETTEVILLE, ARKANSAS OWNER: CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS TO: BOSSLER CONSTRCTION 116 S. BROADWAY SILOAM SPRINGS, AR 72761 Ph# (479) 524-6602 PROPOSAL REQUEST PROPOSAL REQUEST NO: 006 DATE: September 27, 2006 PROJECT NO: WD&D Job It 06-007 CONTRACT FOR: GENERAL CONSTRUCTION Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. Quotation must be received by the Architect within fourteen calendar days from date of the Proposal Request THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN_ DESCRIPTION: Proposal Request No.006 responds to Bossier RFI No.011: Outdoor Deck Dimension and provides information to coordinate the size of the outdoor deck shown on architectural sheet Al .1 and sheet S2.0. Provide pricing credit and cost breakdown to delete the two structural support beams and decking for the deck. See 8 ''/a" x 11" Drawing 52.0: Foundation Plan, dated 09-27-06. Attachments: o 81/? x 11" Drawing S2.0: Foundation plan, dated 09-27-06. WITTENBERG, DELONY & DAVIDSON, INC. By: Dale Scarbrough, Northwest Arkansas Office 12'-4 1 SEGMENTAL MASONRY RETAINING WALL BY OTHERS HD GB -10 �? —I —. 3 2 I jI 523 W16x26 I HD� CONTROL OINT 11hS� W16x31 1 I I • N I I • C..., W16x31 — I SZ3 i 532 TYP. W16x31 1 {.�� IC vs 2x6's 0 16*OC W16x31 I HD SHEAR WALIJJ3 — W16x31 1 I S23 I �g I I W16x26 I N HD I •} I ` I I I NI I W16x26 I I $ I CONTROL 1 ?xis •wi n' JOINT 1 I 1 1101 2727p.,PT. 1 FOUNDATION PLAN 06-D077 Fayetteville Fire Station No. 5 DEC-I1-2006(H0N) 11:59 P.002/008 :12M1/06 v Date; Beeler ContrecWq. Ina 1165. Broadway Siloam Springs, Arkansas 72751 CHANGE PROPOSAL REQUEST PROJECT: FayettsvAle Fire Station 45 ARCHITECT: Wittenbur0, Delany A Davldton, Inc. 00$ CR/PR Y 007 DATE 12/11/06 ,fl r. n .rrwflc: Par the arddbcts rquwt wa have received the cart to change out the 100 gallon commercial water heater and to replace It with a 100 gallon Ruud residential water heater and move the location from room 115 to room lost 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ($1,500.00) Moses Mechanical, Inc. Labor and materials for plumbing needs - See attached Information from sub-conmactor Total Subcontractor Charges B.C.I.-OH & P -Sub Items 5-00% ($70.00) B.C.I.-OH & P -Own Work 12.00% 00 Subtotal (1.575.00) TOTAL THIS CHANGE .576.00)1 Dab: DEC-11-2006(MON) 11:59 P.001/006 D 116 S. Broadway, Siloam Springs, AR 72761 479.549-3971 FAX 479-5493972 TRANSMITTAL Date: December 11, 2006 Company: WD&D Contact: Stephen DeNoon Project: Fayetteville Fire Station #5 Project No: 06-007 From: Kyle Rodgers, Project Manager Attached are sending you the following items: Description 1 Change Proposal 007 — To change out the Commercial water heater for a residential model and to relocate from room 115 to room 109. Remarks: These are transmitted as shown below; ❑ For Approval ❑ Approved as Submitted ® For Your Use O Approved as Noted ❑ As Requested ❑ Revise and Resubmit ❑ For Review and Comment ❑ Other. WITTENBERG, DELONY & DAVIDSON, INC. PROPOSAL REQUEST Northwest Arkansas Office 2434 East Joyce St., Suite 10 Fayetteville, AR 72703 Tel: 479-442-6681 Fax: 479-251-0231 PROJECT: CITY OF FAYETTEVILLE, FIRE STATION #5 CROSSOVER & OLD WIRE RDS FAYETTEVILLE, ARKANSAS OWNER: CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS TO: BOSSLER CONSTRCTION 116S. BROADWAY SILOAM SPRINGS, AR 72761 Ph# (479) 524-6602 PROPOSAL REQUEST NO: 007 DATE: December 04, 2006 PROJECT NO: WD&D Job # 06-007 CONTRACT FOR: GENERAL CONSTRUCTION Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. Quotation must be received by the Architect within fourteen calendar days from date of the Proposal Request. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. DESCRIPTION: Proposal Request No.007 to make cost saving adjustments to the Hot Water Supply System per the changes indicated as revisions #2 dated 12-01-06 on sheets P1.1, P2.1 & P3.2 including: Provide pricing credit to change the Hot Water heater from the original specified unit to a 100 gallon unit without a blower system. Move heater closer to plumbing systems and install in storage closet 212. Provide pricing credit to delete the recirculation pump and piping. Adjust pluming supply piping sizes. Attachments: Revised Drawings P1.1, P2.1 & P3.2 WITTENBERG, DELONY & DAVIDSON, INC. Northwest Arkansas Office a ;iii iiiiiyi>i��6�t ii a l�lil�ili9 d aa!1hi11;iiii[ i �o_ t 4�st� i rA0 00 ILI OO 3LYN OiO ONYc uw6YSN I iN3ft f70N3Lli iO NOILYOOl3tl •V u�3nLavd3o 3aI�3nIn3u3avi NVId AIddlIS`JNrwmd �.. V TTE0 o_ iR �R' jiiRII! '� E Q, g= Y FF,I,i�9 � No _E � E�i b !ij l ftj !�la 3ot: " flE S1� ®I€i jr jl€�I� f5g I�41 t [ y' i '9 71� 3 ! _ _1 3@i! Il iin 0 =4 j =! llil i9=' 1° f I� l�� pry ! a s� E i t E1 i " l _� I -u I ,�, �� d =! s =t gi I� pR ii i �� ! gig.;rEp�19 ?i=R gi/ !ii 1 I i' 1 1=►g,4 E 9 lfj3 yy 8 = . f i7B'Rsy]�je' 4 lb 7 i Y8' Alit a9i� .� a ll .E ill .�_� .�13 .� ±a 1i "If� a iii4= iii 1e� ei°R!! lb ± ±�I ti 0iL a i lI CEtiI1�i I E' 1 'n 4fTtrnmla! Ii,,, U 1L _______ ___ ___ ___ _____ ( 6B ti m 1 i yE I- 1 1 iE ! 1 J ii,.§ /� ee f 1E ` W �iR+ 116 "ii' Ep , ! 9 $E=4i 1 E _ = i1 -- t≥I 1 ( pEs i 1i Y6 s fill !_41 it i avor 3aN100 01W 9t AMJI SYSWMWV N JN3�� a 9 O 3WIOH 31114 3O NOLLVOOZ3tlII 9LLWd303SS 3nN31L3Av3 S31l143HJS`JNIBVW17d �..�.�.-..p 9o'9tio pm, IiSc 41 1 Ui o LI etl } 1 tl t he I. N :+� tl111Li91��gk":l MI p 561 III fl M ��:i lvni i iiii!II: l Q�QjYj�9Y1 S iiiSh c�1il al l ii �9 !1 • SA 1i II{ {3 If 11 I� MM'' i iiQ f° II �'3� 1111 11 ! Ii I i i! I ! ii III t Yj ��j' p q� ii U' a li111� , t i eFi uI! 4*4' hmin a t9el! 1l� s B1 46 I:a a8�� ! Y! 3{lig �� E{" W ui PltI 11# ':1 4 6 ° ittIi = '� 1 5° •.� ' { {{Iii{i°Q U Ytl fi 9{ �Q��@ 01, 11 ;i' I'lI !!{ h iil si i tl� i 1I!l41 °1 101 b4 °Q st ' ;t { ii bEo t Kgt� N� ° In _11 .1 1 � 1 p9Y tl. Yiied1 i li. hht II!i fl hI In T ,,i i�idyylZ { ° °eI • Y i { fin 1 ,i n I { yy i {allr r p a h; 4{ tluii DEC-11-2006(N0N) 11:59 Rx Dmte/Time DEC-0B-2006(FRI) 10;38 2006.12-08 10:43 MOSES MECHANICAL • P. 003/008 P. 002 4792480023 >> P 2/2 MOSES MECHANICAL, INC. 876 HILLCROFT TERR. CAVE SPRINGS, AR 72718 479.283-0649 479-248-0023 FAX mosesplumbinaandmechpnical(ayahoo corn Bossier Contracting PH# 479-549-3971 FX# 4794494972 Project: Fayetteville Fire station #5 Using the residential grade water heater in lieu commercial grade has a cost difference of $1300.00. We are offering $1500.00 savings to the owner for the water heater shower valve , and circulating punp. We also are not asking for additional money for added floor drain, water heater pan , and relocation of domestic water service. Any questions please give me a call Thanks, Mike Moses 479-2834649 DEC-II-2006(NON) 11:59 0 '' • P.004/008 116 S. Broadway, Siloam Springs, AR 72761 479-549.3971 FAX 479-549-3972 TRANSMITTAL Date: December 11, 2006 Company: WD&D Contact; Stephen DeNoon Project Fayetteville Fire Station #5 Project No: 06-007 From: Kyle Rodgers, Project Manager Attached are sending you the following items: ti Description 1 Change Proposal 008 — To re -locate the electrical service panels. Remarks: ❑ For Approval ❑ Approved as Submitted 0 For Your Use ❑ Approved as Noted ❑ As Requested ❑ Revise and Resubmit ❑ For Review and Comment ❑ Other: Copy To: Signed: Kata5. Rogys File/Project Manager Nathan Hrdlichka, Superintendent OEC-11-2006(MON) 12:00 • ` ' P.005/008 wt CHANGE PROPOSAL REQUEST CO# PROJECT: FsyetroviUs Fire Station #5 CRIPR # 008 DATE 12111106 ARCHITECT: Wlttenburg, Delony & Osvldeon, kre. Attn: DeNoon R : Par the arthhec% regtwat we have received the cost to dmngs the locations of the eladncal service panels. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.06 too 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subtotal 0.00 0. Saba TaxlPayvl T & I 9.13% 0.00 29.60% 0.00 Clan Upllrash Removal 8.00% 0.: 00 subtotal O.oO sn Total Matarlels and Labor $0.00 SUBCONTRAC, I uR CKANGE Paige Elddc Labor and materiels for plumbing needs Total Subcontractor Charges �$ B.C.I.-OH & P -Sub epos 5.00% $0.00 B.C.1.-OH & P -Own Work 12.00% 00 Subtotal 0.00 TINS proposal vall recuft In 0 delay days. I ,ru1LAt ffl3�— :.... TOTAL THIS CHANGE K,i (L �v:'R.oagLYS 12/11/08 Date: Date: J •,e WITTENBERG, DELONY & DAVIDSON, INC. PROPOSAL REQUEST Northwest Arkansas Office 2434 East Joyce St., Suite 10 Fayetteville, AR 72703 Tel: 479-442-0681 Fax: 479-251-0231 PROJECT: CITY OF FAYETTEVILLE, FIRE STATION #5 CROSSOVER & OLD WIRE RDS FAYETTEVILLE, ARKANSAS OWNER: CITY OF FAYETTEVILLE FAYETTE VILLE, ARKANSAS TO: BOSSLER CONSTRCTION 116$. BROADWAY SILOAM SPRINGS, AR 72761 Ph# (479) 524-6602 PROPOSAL REQUEST NO: 008 DATE: December 04, 2006 PROJECT NO: WD&D Job # 06-007 CONTRACT FOR: GENERAL CONSTRUCTION Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. Quotation must be received by the Architect within fourteen calendar days from date of the Proposal Request. THIS IS NOT A CHANGE ORDER BED DESCRIPTION: Proposal Request No.008 to make adjustments to the final locations of the Electrical Panels for the building per drawing E1.1: Delete the requirements for the shower shown on in the Apparatus Bay and Move Panels MDP, Al and A1.2 to the recessed alcove as shown. Move the Emergency Power panels and enunciator (GAP) to the Mechanical Room 115 with the enunciator mounted in the Corridor 114. Other Adjustments indicated Attachments: Revised Drawings E1.1 WITTENBERG, DELONY & DAVIDSON, INC. Northwest Arkansas Office t •i4 (i) ey J12.27.06) Clarice Pearman - Change Order Page 1] From: Clarice Pearman To: Hurd, Coy Date: 12.27.06 5:22 PM Subject: Change Order Attachments: 12.21.06 Wittenberg Delony & Davidson CO1.pdf CC: Audit Coy: Attached is a copy of the change order for Wittenberg, Delony & Davidson. I will forward to you via interoffice mail one of two originals. If anything else is needed please let me know. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us