HomeMy WebLinkAbout186-06 RESOLUTIONRESOLUTION NO. 186-06
A RESOLUTION TO APPROVE A CONTRACT IN THE
AMOUNT OF $458,661.00 WITH WILSON ESTES
POLICE ARCHITECTS, PLUS UP TO $30,000.00 FOR
REIMBURSABLE EXPENSES AND TO APPROVE A
BUDGET ADJUSTMENT OF $100,000.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves the contract with Wilson Estes Police Architects attached as Exhibit "A" in the
amount of $458,661.00, plus up to $30,000.00 for reimbursable expenses.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
approves the budget adjustment in the amount of $100,000.00 attached as Exhibit "g;,,,,
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PASSED and APPROVED this 7th day of November, 2006. ccj : .
E :FAYETTEVILLE:
APPROVE I : ATTEST. %9s' 99KANSP•J``
By: ;., _ „- By: Kc/fy(iif.e_i
DA COODY, Mayor SJNDRA SMITH, City Clerk
•
Wilson Estes Police Architects
5799 Broadmoor
Suite 520
Mission Kansas 66202
www.policearchitects.com
October 19, 2006
Att.: Coy Hurd
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Dear Coy,
In accordance with all other terms and conditions of the current agreement with the City of
Fayetteville under the AIA Standard Form of Architect's Services, and based upon Owner directed
program reductions of June 18, 2006, pertaining to the Facilities Needs Assessment dated
December 15, 2005, Wilson Estes Police Architects propose to provide the following Scope of
Services, under a standard Design -Bid -Award delivery method:
For a new Public Safety Center housing Police, District Court, and the Prosecutor, approximating
30,000 square feet, located on the site currently occupied by the former jail, the Architects shall
review the Need Assessment program, dated December 15, 2005, and make space reductions in
cooperation with the Police Department, District Court, and Prosecutor, and provide design and
construction administration services, including the plans for the demolition of the existing jail
facility.
For Basic Architectural Services related to the design and construction of the above, including all
related engineering, including mechanical, electrical, structural, and civil; though not including
interior design services related to furnishings and equipment, or civil engineering related to the
relocation of utilities on or around the site, we propose a Guaranteed Fee of $458,661, plus
reimbursable expenses.
Estimated Reimbursable Expenses:
Printing (less Bid Documents) $ 4,500
Shipping $ 1,500
Site Visit Travel $ 12,000
Bid Documents $ 12,000
$ 30,000
Architect: City:
1f ff "oo-
James Estes, Vice- Presid0,,,,,r„r
Wilson Est s Police Ar0K/TRe'r.,,
_�\�G •c, 1/ Op .G�
J .
�:
E.:: ;FAYETTEVILLE;
11%,,1, feltGp
Ph: (913) 384-1115 ♦ E-mail: james@policearchitects.com ♦ Fax (913) 384-2292
Dan Goody; Mayor
Attest
Sondra Smith, City
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2006
Department: Sales Tax Capital Improvements
Division:
Program:
Date Requested
10/19/2006
Adjustment Number
Project or Item Added/Increased:
$100,000 is requested in the Police/Courts Facility
Expansion capital project.
Project or Item Deleted/Reduced:
None. To recognize $100,000 in additional revenue in the
Gain/Loss of the sale of assets revenue account.
Justification of this Increase:
The additional funding is needed to enter into a contract
for architectural services in the amount of $458,661 plus
up to $35,000 in reimbursable.
Justification of this Decrease:
$175,387.58 in additional revenue was received in 2006
that was not budgeted due to the sale of the Shakes
Building on the corner of Hollywood and 6th Street.
Increase Expense Budget (Decrease Revenue Budget)
Account Name
Architectural services
Account Name
Account Number
4470 9470
Amount Project Number
5314 03 100,000 04008 1
Decrease Expense Budget (Increase Revenue Budget)
Account Number Amount
Gain/loss-sale of assets
4470 0947
4881 02 100,000
Project Number
Approval Signatures
V
Requested By
Budget Manager
16.23- aro
Date
/J23-6 Lx
Date
Department Director
Finance & Inte
Services
rector
Mayor
Date
1..0-A3—ZOo6
ate
�qeD to
Type: A
Budget Office Use Only
C CIY
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial
Initial
Initial
Date
Date
Date
Susan Thomas
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
11/7/2005
City Council Meeting Date
Public Information
Division
Action Required:
/ce..5
it/7/0‘
&f// /sen e2//S
%3l/c.4 tzis
General Government
Department
A resolution approving a contract amendment not to exceed $458,661 with Wilson Estes Police Architects for design
and construction services and approving up to $30,000 in reimbursable expenses.
488,661.00
Cost of this request
4470 9470 5314 03
Account Number
04008
Project Number
$
400,000.00
Category / Project Budget
Police/Courts Facility Expansion
Program Category / Project Name
3,000.00 Police Improvements
Funds Used to Date Program / Project Category Name
397,000.00 Sales Tax Capital Improvement Fund
Remaining Balance Fund Name
Budgeted Item X Budget Adjustment Attached
X
/0/2CAb
Department irector Date
I
City Atto ney
\ASD a L-,
Finance and Internal Service Director
Mayor
16 /206‘
Date
(0- 5-04
Date
%e/Z.s":2G
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in Mayor's Office
SER ED
1D/a6
Comments:
•
rYettelASe
City Council Memo
TO: Mayor Coody and City Council
FROM: Susan B. Thomas, Ph.D., Public Information & Policy Advisor1,
DATE: October 20, 2006
SUBJECT: Design Contract for Police and Courts Facility
Recommendation: Approval of the attached contract with Wilson Estes Police Architects for
design and construction services for a new Police and Courts facility.
Background: On May 2, 2005, the Architect Selection Committee met to reach consensus
regarding the selection of an architectural firm to design a new police and court facility and
conduct an analysis of current space needs for certain city services. On June 21, 2005 Council
approved a contract with Wilson Estes Police Architects to conduct a space needs assessment and
analyze location and placement options for the new facility. The product of that work, a report
titled "Public Safety Center and City Services: Facility Need Assessment," was presented to you
during the February 7, 2006 City Council Agenda Session. The report documented current and
future space needs for a variety of City services.' In summary the District Court, City Prosecutor
and Police Department space needs are outlined below.2
Current 2005 2025
Allocation Space Needs Space Needs
Police 22,229 42,906 54,683
Prosecutor 1,965 3,687 4,326
Court 2,848 8,825 9,943
Total 27,042 55,418 68,952
On May 16, 2006 staff requested direction from the City Council in regards to the preferred
1 The Wilson Estes report projected future space needs to 2025. However, Council should note that this
projection is based on population and personnel. These future space needs are designed to serve a population of
approximately 100,000 and a staff of 266 (Police, Court, and Prosecutor). Depending on future growth rates and
changes in service provision, actual space needs may vary.
2 On page 1.2 in the Wilson Estes report, current and future space needs are presented. The police space
needs documented in that report included current and future Fire Administration space needs. However, the square
footage needs listed above do not include Fire Administration needs. This explains the minor variation in space
needs presented here versus those outlined in the Wilson Estes report.
location of the new Police & Courts facility. City Council responded to that request by
unanimously passing Resolution No. 94-06 supporting a downtown location for the new facility.
Since that time, a committee (including representatives from the District Court, City Prosecutor's
office, Police Department, City Administration, and City Council) has been diligently working to
create a program that not only adequately addresses current and future space needs but one that is
also sensitive to the City's current financial position and budgetary constraints.
Discussion: The total future space needs outlined above total 68,952 square feet, and during a
previous discussion, Council was presented with cost estimates associated with a project of that
magnitude. However, after much discussion and debate, members of the committee have agreed
to substantially reduce the scope of this project and now propose a facility that will meet
immediate space needs for the Police Department, District Court and Prosecutor's office.
If the Police Department continues to use the space that is currently allocated to them and they
acquire the current court space, their immediate space need is reduced to 17,829 sq ft.3 The
immediate space need for the District Court and City Prosecutor's office are 8,825 sq ft and
3,687 sq ft respectively. The total immediate space need for Police, Prosecutor and District
Court collectively is 30,341 sq ft.
Staff has negotiated a not to exceed contract pnce of $458,661 plus reimbursable expenses up to
$30,000 with Wilson Estes Police Architects for design and construction services for a new
Police and Courts facility sized to approximately 30,000 sq ft to be located on the northeast
corner of Church Ave. and Rock St.
Budget Impact: There is $397,000 previously allocated in the CIP for design services for this
project. A budget adjustment will be required.
3 Police currently occupy 22,229 sq ft and District Court currently occupies 2,848. The Police Department's
immediate space needs are 42,906. If we reduce that amount by their current space plus the space acquired from
courts, their remaining immediate space need is 17,829 sq ft.
RESOLUTION NO.
A RESOLUTION TO APPROVE A CONTRACT IN THE
AMOUNT OF $458,661.00 WITH WILSON ESTES POLICE
ARCHITECTS, PLUS UP TO $30,000.00 FOR REIMBURSABLE
EXPENSES AND TO APPROVE A BUDGET ADJUSTMENT OF
$100,000.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves the contract with Wilson Estes Police Architects attached as Exhibit "A" in the
amount of $458,661.00, plus up to $30,000.00 for reimbursable expenses.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
approves the budget adjustment in the amount of $100,000.00 attached as Exhibit "B".
PASSED and APPROVED this 7th day of November, 2006.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, Mayor
OCT -25-2006 11:52
WILSON ESTES ARCH. « - 19133842292 P.02
Wilson Estes Police Architects
5799 Broadmoor
Suite 520
Mission, Kansas 66202
www.policearchitects.com
October 19, 2006
Att.: Coy Hurd
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Dear Coy,
In accordance with all other terms and conditions of the current agreement with the City of
Fayetteville under the AIA Standard Fon of Architects Services, and based upon Owner directed
program reductions of June 18, 2006, pertaining to the Facilities Needs Assessment dated
December 15, 2005, Wilson Estes Police Architects propose to provide the following Scope of
Services, under a standard Design -Bid -Award delivery method:
For a new Public Safety Center housing Police, District Court, and the Prosecutor, approximating
30,000 square feet, located on the site currently occupied by the former jail, the Architects shall
review the Need Assessment program, dated December 15, 2005, and make space reductions in
cooperation with the Police Department, District Court, and Prosecutor, and provide design and
construction administration services, including the plans for the demolition of the existing jail
facility.
For Basic Architectural Services related to the design and construction of the above, including all
related engineering, including mechanical, electrical, structural, and civil; though not including
interior design services related to furnishings and equipment, or civil engineering related to the
relocation of utilities on or around the site, we propose a Guaranteed Fee of $458,661, plus
reimbursable expenses.
Estimated Reimbursable Expenses:
Printing (less Bid Documents) $ 4,500
Shipping $ 1,500
Site Visit Travel $ 12,000
Bid Documents $ 12,000
$ 30,000.
City:
Architect:
n
James Est , Vice- President
Wilson Est: s Police Architects
Dan Goody, Mayor
Attest
•
Sondra Smith, City Clerk
Ph: (913) 384-1115 • E-mail: jamcs@policearchitects.com • Fax: (913) 384-2292
TOTAL P.02
=- Document B7277°-1988
Standard Form of Agreement Between Owner and Architect
forSpecial Sewices
•
''AGREEMENT made as of the 23rd
'BETWEEN the Owner.
-- ' .(Name and•address)
-City of Fayetteville
113 W Mountain
;Fayetteville,iArkansas 72701
theArdutect:..
: }; (Nanie; ind'address)
WilsonEstes:Police Architec
5799troadmoor
z.:Suite 520.:.1:... ....
.Mission,}Eansas 66202
-For;thefollowing Project:
(Include; detaileddescnpionof Project, location, address and scope.)
day of lune in the year of two thousand and five
Subchapter S Corporation
= Fayetteville'Public Safety Center and miscellaneous facilities.
The Cityand(the Architect agree as set forth below.
ADDITIONS AND DELETIONS:
The author of this document has
added Information needed for Its
completion. The author may also
have revised the text of the
original AIA standard fans. 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 vAth respect to
its completion or modification.
AIA Document 8727Th— 1988. Copyright 01972, 1679 and 1988 by The American institute of Architects All rights reserved. WARNING: Tie AIA'
Document Is protected by US. Copyright taw end 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 AA software at 13:1025 on 06,'06/2005 under Order No.1000147796_1 which expires on 11119/2005, and is not for resale.
User Notes: (2645302675)
1
ARTICLE 1 ARCHITECT'S SERVICES
... (Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement. Note
:under each service listed the method and means of compensation to be used, if applicable, as provided in Article 8.)
SeViceto be provided Method and means of compensation
Needs Assessment Study Guaranteed Lump Sum
,' General Description:
A comprehensive Needs Assessment Study that determines current and fdture facility needs for all Divisions of the
•Fayetteville:Police Department, including evidence; District Court; Prosecuter; Fire Station No. 3, including Fire
Administration and Fire Marshall; Fire Training Center; and Development Services, including Planning,
Engineering, :Building Safety, Code Enforcement, and Building Services. The Assessment will include an evaluation
• ofahe existing space at 1851 East Huntsville Road, known as the Tyson complex, to support the public safety
departments identified above,. and the ability of the current Police and Court buildings located at 100 West Rock
'Road to serve other city.departments listed above. Additionally, as an alternative to reuse of the Tyson building,
demolition of all; or part. of the Tyson complex, will be evaluated to support the development of new facilities for
PublicSafety on the Hunisville Road Site. Cost models will be developed to allow a comparative evaluation of
.:probabledevelopment : scenarios.
.T4k#1: Inventory Current Space
i:l.. The work in this.phase will be to determine the physical properties of the existing building space. The primary goal
shall be to discover exactly how much space exists to support the requirements developed in the programming phase
nf the work (discussed in Task 412), whether or not new building additions will be required to expand the current
'space,.and to .what extent various portions of the existing space would have to be reconstructed to achieve a
satisfactory end result. In addition, a cursory review shall be given to the finishes and systems in the existing building
'for consideration in' evaluating the potential costs of a development option that involves renovation.
'ask #2 Programtping •
21 OnSite:nfotmation Gathering:. The Architects will lead meetings with a group representing a cross-section of
the tthove ::Primary identified departments. At a minimum, these groups should consist of key department managers.
• mary goals of these interactive meetings will be to understand specific details about the community and the
_operations of the depaximents, evaluate potential growth in the staffing of the departments, and determine and
'catalog all :individual functional elements and their relationship to each other. (Functional elements are
.::comprised of personnel, activities, and accessory support spaces. The list includes each distinct function, which
' inthedesign phase will become a room or space).
Growth Analysis: Estimate facility needs out to 2025 through the forecasting of department personnel for the
planning horizon. 'Projections shall be developed by applying the city's anticipated percentage population
increase for the period (from city accepted figures) to the current year departmental personnel count. Additional
personnel adjustments will be made in response to projected changes in policing trends (if the appropriate data is
available)..
2.3 Work Station Standards Development: One component factored into the determination of space assigned to a
specific functional element (sub -task 2.4) is the use of planning standards. This can come in many forms,
but is primarily related to the size of a workstation, seating, locker, or table requirement to perform a task,
:or multiple tasks within the functional element. It can also be a standard for a room size based on the area
._required to perform a known set of tasks. We will utilize our database of national averages for municipal
..facilities to tailor planning standards for Fayetteville.
Square Footage Development Utilizing specific data obtained in the on-site group meetings, and die
development of planning standards, we will apply our database of national averages for area required for
municipal facilities.
2.5 Establish interactive relationships between all functional elements.
AIA Document 6727nr -1988. Copyright 01972, 1879 and 19881y The American Institute of Architects. M dghts reserved. WARNING: This AIAe
Document Is protected by U.S. Copyright Law end International Treaties. Unauthorized reproduction or distribution al this AIAe Document, or any
portion of It, may result In severe civil end criminal penalties, and will be prosecuted to the maximum extent poaeible under the law. This document
was produced by AIA software at 13:1025 on 06/06/2005 under Order No.1000147796_1 which expires on 11/19/2005, and is not for resale.
User Notes: (2645302675)
2
I. Task #3: Development Options Analysis
31• :Following the determination of the functional elements in the programming task and the space required for those
. . elements, including circulation space, walls, and all other space that composes the gross square footage of the
• building; determine the following.
Evaluate the available space in the existing facility for sufficiency to meet the programmed space needs. If
sufficient space, does not exist, establish the area required for a new addition. For the existing space, make a
determination as to the extent of reconstruction necessary to support the services operating in the space.
[..3.1.2 Foote* construct-1On establish the most probable floor level that any specific functional element, or group of
functional elements may likely occupy, and the resulting number of floors and area of each floor. From this
establish the.probable building footprint.
Site Masterplanning::.After determining probable footprints for each possible development scenario (both
renovation.and',new•construction), make a determination of parking spaces needed and other site
requirements, .proyide site diagrams for each scenario indicating the building footprint, public and staff
;partitig,.access.points to the buildings, and the relationship of each of these.
3S4.: Cost -Estimate: Utilizing our database for facilities built around the country over a lengthy time period, we will
` apply typical facility construction costs adjusted for the region and a projected bid date. (We analyze the
accuracy of the database by comparing the local construction market through telephone surveys of regional
contractors having recent experience in similar facility types). For space to be renovated, we will apply
.percentages of adjusted costs corresponding to the extent of the renovated space. For each development scenario
.cost estimate, provide an estimate of probable costs for "other" project costs, such as furnishings, AE fees,
.phones and data, security and access, and landscaping and irrigation.
3:1.5 Findings: Evaluate the probable development scenarios and identify the strengths and weaknesses of each.
Primary factors for consideration will be the degree of anticipated project sucres as defined by the functionality
of a proposed scenario, probability of longterm adequacy of proposed facilities, relative cost, and the degree of
'difficulty associated .with phasing construction.
•
'•Task #4: Da:tmtenmtion . .
''4.1 Developa written report documenting the study process, findings, and recommendations for further project
.` .development. Submit four copies of the draft report for review and follow-up meetings between the
Architect and city. personnel.
• OPTIONAL NEEDS ASSESSMENT SERVICES:
The following optional services will be provided at the City's discretion for the additional services fees stated in
Article 8.5. The Architect shall provide these services only if authorized in writing by the Owner.
5.1Structural Analysis:
1. From existing plan documents and a walk-through of the buildings, provide a structural analysis of the existing
structure and assist the Architect in determining cost implications and feasibility related to building design
.alterations.
ri 5.2 :Mechanical/ Electrical Systems Analysis:
•
1. From existing plan documents and a walk-through of the building, provide a cursory evaluation of the
existing mechanical systems with regard to the age and efficiency of the primary heating/ cooling
equipment and the cost impact associated with replacement. Provide recommendations pertaining to the
most efficient development of mechanical systems to support existing and expanded building space.
AIA Document B727*° -1988. Copyright m 1972.1979 and 1988 by The American Institute of Architects. ANI rights reserved. WARNING: This AIA°
Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution al this NA. Document, or any
portion of It may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document
was produced by AIA software at 13:1025 on 08/06/2005 undo Order No.1000147796_1 which expires on 11/19/2005, and is not for resale.
User Notes: (2645302675)
3
2. From existing plan documents and a walk-through of the building, provide a cursory evaluation of the
.existing electrical systems with regard to the current capacity to support power requirements in a renovated
.facility as well as an assessment of code compliance and adherence to fire and life safety issues.
S:3.'Conceptual Plans:
•1. Utilizing the information in the primary need assessment services, develop a conceptual floor plan for each of
the following; 1) Tyson building developed as a Public Safety Center, 2) new public safety facilities located on
the Tyson complex site utilizing none, or part of, the existing Tyson building; and 3) muse of the West Rock
Road.buildingsto serve the City departments identified above, not related to public safety.
:'ARTICLE 2 .OWNER'S RESPONSIBILITIES
The City shall prbvide full information regarding requirements for the Project. The City shall furnish required
'information -as expeditiously as necessary for the orderly progress of the Work, and the Architect shall be entitled to
ie1y on the accuracy and completeness thereof.
;2.2 The City shall designate' a representative authorized to act on the City's behalf with respect to the Project. The
City orsubh authorized representative shall render decisions in a timely manner pertaining to documents submitted
by the Architect in order to ,avoid unreasonable delay in the orderly and sequential progress of the Architect's
ARTICLE 3: USE OFARCHITECT'S DOCUMENTS
0¢.The'deeuments prepared by the Architect for this Project are instruments of the Architect's service for use
solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these
.:decuments-andshall retain all common law, statutory and other reserved rights, including the copyright. The City
(shallise:pennitted to retain copies, including reproducible copies, of the Architect's documents for the City's
.: nfoiination, reference and use in connection with the Project. The Architect's documents shall not be used by the
'Dikter .or;Others on other: projects.
. :(Paragraphs deleted)
ARTICLE 5 , ,TERMINATION OR SUSPENSION
§-:5.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the
other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party
initiating the termination.
§ 5.2 If the City fails to make; payment when due the Architect for services and expenses, the Architect may, upon
'.: seven days' written notice to the City, suspend performance of services under this Agreement. Unless payment in
full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without
further notice. In the event of a suspension of services, the Architect shall have no liability to the City for delay or
damage caused the City because of such suspension of services.
§ 5.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
;performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
defined inSection 5.4.
§ .5:4 Termination Expenses shall be computed as a percentage of the compensation earned to the time of
termination, as follows:
For services provided on the basis of a multiple of Direct Personnel Expense, 20 percent of the total
Direct Personnel Expense incurred to the time of termination; and
.2 ` For services provided on the basis of a stipulated sum, 10 percent of the stipulated sum earned to the
time of termination.
ARTICLE 6 MISCELLANEOUS PROVISIONS
§ 6.1 Unless otherwise provided, this Agreement shall be governed by the law of the State of Arkansas.
AIA Document 13727In —1988. Copyright 01972. 1979 and 1988 by The American Institute of Architects. All rights reserved. WARNING: This AIAe
Document Is protected by U.S. Copyright Law end International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any
portion of IG may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document
was produced by AIA software at 13:1025 on 06/06/2005 under Oder No.1000147796_1 which expires on 11/1912005, and Is not for resale.
User Notes: (2645302675)
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•
§ 6,2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to
have accrued and the applicable statute of limitations shall commence to run not later than the date payment is due
;the Architect pursuant to Section 8.4.
§'6:3 The City and Architect, respectively, bind themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to the partners, surrts ors, assigns and legal representatives
of such other party with respect to all covenants of this Agreement. Neither City nor Architect shall assign this
Agreement without the written consent of the other.
§ 6A This Agreement represents the entire and integrated agreement between the City and Architect and supersedes
all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only
by. written instrument signed by both City and Architect.
§;6:5 Nothing contained: in this Agreement shall create a contractual relationship with or a cause of action in favor of
a third party,againsteither the City or Architect.
i 6:6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no
esponsibility for the.discevery, presence, handling, removal or disposal of or exposure of persons to hazardous
materials,in any; form at theProject site, including but not limited to asbestos, asbestos products, polychlorinated
biphenyl (PCB) or other toxic substances.
•ARTICLE:? PAYMENTS TO THE ARCHITECT
• §7.1 DIRECT PERSONNEL EXPENSE
§7.11 Direct Personnel' Expense is defined as the direct salaries of the Architect's personnel engaged on the Project
"`and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as
employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and
similar contributions and benefits.
§;7.2REIMBURSABLE EXPENSES
§!7;21.Reimbursable Expenses are in addition to the Architect's compensation and include expenses incurred by the
Arei tect.and Architects employees and consultants in the interest of the Project for:
.1 expense of: transportation and living expenses in connection with out-of-town travel authorized by the
‘city;
.(Paragraph deleted)
.:3fees paid for securing approval of authorities having jurisdiction over the Project;
.4 . reproductions;
.:.5:..:•postage and handling of documents;
.6 expense of overtime work requiring higher than regular rates, if authorized by the City;
.7-renderings.andmodels requested by the City; -
.8 - expense of additional coverage or limits, including professional liability insurance, requested by the
City in,excess of that normally carried by the Architect and the Architect's consultants; and
(Pamgraphdeleted).
§ 73 PAYMENTS ON ACCOUNT OF THE ARCHITECT'S SERVICES
§ 7.3.1 Payments on account of the Architect's services and for Reimbursable Expenses shall be made monthly upon
:.:presentation of the Architect's statement of services rendered or as otherwise provided in this Agreement.
§7:33 Art initial payment as set forth in Section 8.1 is the minimum payment under this Agreement.
§7.4 ARCHITECT'S ACCOUNTING RECORDS
§ 7.4.1 Records of Reimbursable Expenses and expenses pertaining to services performed on the basis of a multiple
of Direct Personnel Expense shall be available to the City or the City's authorized representative at mutually
convenient times.
AIA Document 8727° —1988. Copyright m 1972, 1979 and 1988 by The American Institute al Architects. All rights reserved. WARNING: Thla AIA°
Document Is protected by U.S. Copyright Law and intemaional Treaties. Unauthorized reproduction or distribution of thls AIA Document, or any
portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document
was produced by AIA software at 13:1025 on 06/08/2005 under Order No.1000147798_1 which expires an 11/19/2005, and is not for resale.
User Notes: (2845302875)
5
ARTICLE 8 BASIS OF COMPENSATION
"I ,The City.shall compensate the Architect as follows:
.:.I i§;8:CAN:INITIAL PAYMENT OF zero ($ 0.00 ).
§ 8 2"COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services,
shallbe computed as follows: '
jlnser:basis of compensation, including stipulated sums multiples or percentages, and identify the services to which
particular methods of compensation apply, if necessary.)
8.2:1 For Core Services identified in Article 1.1., a Guaranteed Lump Sum of $48,625 plus reimbursable expenses.
(Refer to attached ExhibitB, detailed cost itemization).
82.2.1 For Additional Services identified in Article 1-5.1as Structural Analysis, an Hourly Rate Against a
Maximum Fee of $5,000 plus reimbursable expenses. Hourly rates are as follows:
Stiuctural,Engineer, Principal: $125 per hour
Structural Engineer: $9$ per hour
'8222 For Additional Services identified in Article 1-5.2 as Mechanical/ Electrical Systems Analysis an Hourly
Rata,Against.a MaximumFeo of $4,000 plus reimbursable expenses. Hourly rates are as follows:
Vice4residentiPrincipal: $120 per hour
Sr. Project. Manager: $90 per hour
Engineer11:':$70 per hour
8.2.2.3 For Additional Services identified in Article 1-5.2.as Conceptual Plans, a Guaranteed Lump Sum of $23,000
plus reimbursable expenses.
§ 6:3'FO12 REIMBURSAELE EXPENSES, as described in Article 7, and any other items included in Article 9 as
Reimbursable Expenses, a multiple of one -point -one ( 1.1 ) times the expenses incurred by the Architect, the
AAichitect'semployees.and consultants in the interest of the Project.
'§ 8 4 Payments are elite and payable: thirty ( 30 ) days from the date of the Architect's invoice.
•
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws
and oiherregulations at the City'ss'and Architect's principal places of business, the location of the Project and
elsewhere'may affect the validity; of this provision. Specific legal advice should be obtained with respect to deletions
- modifications, and also regarding other requirements such as written disclosures or waivers.)
•
§ BLSJF THE SCOPE ofthe Project or of the Architect's services is changed materially, the amounts of
compensation shall be equitably, adjusted.
s 'ARTICLE 9. OTHER CONDITIONS
This Agreement entered into as of the day and year first written above.
019,1VTR: Cood)rMa
a;G\SYtOtc'. dmune and rale)
;FAYETTEVILI,r,,,
'3 5cv�do-a SmN4_, ei
ARCHITECT�l/j�
(Sig u e)LO�At
Ja s Estes, Principal
(Printed name and title)
le—r—Ile,t_a .ru.r '
�4.. r� Ment B727m — 1988. Copyright ®1972, 1979 an C 1998 by The A rican lnsatute of Architects. All rights reserved. WARNING: This Alt
�49dlt�eq�"6KANSP nt Is:protected by U.S Copyright Law and Interne lona' Treat es. Unauthorized reproduction or distribution of this Alt Document, or any 6
e4.% •.••�' of it, may result In severe civil and criminal penalt es, and will be prosecuted to the maximum extent possible under the law. This document
.41
.4 TON produced by AIA software at 13:1075 on 06/06/2005 under Order No.1000147796 1 which expires on 11/19/2005, and is not for resale.
ty44Otnp111 ser Notes: (2645302675)
=tDocument B141m =1997 Part 1
AIA
Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's Services
-. TABLE OF ARTICLES
INITIAL INFORMATION
RESPONSIBILITIES OF THE PARTIES
TERMS AND CONDITIONS
SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
12
1.5 - COMPENSATION
AOREEMENT.made as of the 23rd day of lune
five..
.:. (In words, indicate day, month and year)
'BETWEEN the Architect's client identified as the City:
.. (Naiiie, address.and other information)
:City. of Fayetteville
113.W. Mountain
•Fayetteville, Arkansas 72701
:and:the Architect .. .
fNani address.and other information)
Wilson Estes Police Architects, PA
5799:Broadmoor
Suite:520
' Mission,icriasas 66202
-,` Telephone Number: (913) 38411 l5
.;Fax:Number. (913) 3842292
For the following Project
(Include detailed description of Project)
1 ,Fayetteville Public Safety Center and miscellaneous facilities.
The City and Architect agree as follows:
in the year Two -thousand,
ADDITIONS AND DELETIONS:
The author of thls document has
added information needed for Its
completion. The author may also
have revised the text of the
original AIA standard tomo. 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 13141Ta —1997 Part 1. Copyright ®1917,1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967 1970 1974 1977 1987 and 1997 by The
Ammkan Institute of Architects. All dghts reserved. WARNING: This AIA Document Is protected by US. Copyright Law and International Treaties.
Unauthorized
prosecuted to the maxiximum extent possible ndetion or distribution of thls rthe taw. uThi document was produced by AIA resultment, or any portion of It, may In
at 112825 on criminal
under Order be
No.1000147796_1 which expires on 11/192005, and Is not for resale. (1787682360)
User Notes:
1
•
ARTICLE 1.1 INITIAL INFORMATION
§ 1.1.1 This Agreement is based on the following information and assumptions.
(Note Me disposition for the following items by inserting the requested information or a statement such as "not
:applicable," "unmown at time of execution" or "to be determined later by mutual agreement")
§ 1.1.2 PROJECT PARAMETERS
.§ 1.1.2.1 The objective or use is:
(identify or describe, if appropriate, proposed use or goals.)
Needs assessment, design, and construction services for the purpose of facility development for the following city
. departments: Police, including evidence; District Court; Prosecutor, Fire Station No. 3, including Fire
:Administration; Fire Training Center; and Development Services, including Planning, Engineering, Building Safety,
Code Enforcement. and Building Services.
.§.7:12.2 The physical parameters are:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical
reports about the site.) . •
Renovation and/or new construction at 1851 East Huntsville Road, and 100 West Rock Road, with the specific
construction approach to be determined in the need assessment included as a part of this contract.
.'11:1.2:3 The City's Program is:
:(Identify documentation or state the manner in which the program will be developed.)
• '.1 A heeds assessment developed in accordance with document B727, and included as a part of this agreement.
.1 1:12:4 The legal parameters am:
.(Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions
of the site.)
.Unknown at time of execution.
§1.1.25 The financial parameters are as follows.
. 1 . Amount of the City's overall budget for the Project, including the Architect's compensation, is:
unknown at time of execution of this agreement
. 2 Amount of the City's budget for the Cost of the Work, excluding the Architect's compensation, is: to
be determined through She Needs Assessment Study accepted by the City.
§ 1,12.6 The time parameters are:
7ldennly, if appropriate, milestone dates, durations or fast track scheduling.)
90 days for needs assessment services stipulated in document B727. Unknown at time of execution of this
agreement for design and construction services stipulated in B141, Part 2.
§ 1.1.2.7 The proposed procurement or delivery method for the Project is:
• (Identify method such as competitive bid, negotiated contract, or construction management)
1 Unknown at time of execution of this agreement
§1.1.2.8 Other parameters are:
..':(Identify special characteristics or needs of the Project such as energy, environmental or historic preservation
requirements.)
,_;Notapplicable.
§ 1.1.3 PROJECT TEAM
§ 1.1.3.1 The City's Designated Representative is:
(List name, address and other information.)
AIA Document 8141" —1997 Part 1. Copyright ®1917,1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967,1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result in severe dill end criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 112825 an 06106/2005 under Order
No.1000147796 1 which expires on 11/192005, and Is not for mute.
User Notes: (1787882360)
2
Coy Hurd, Ph.D.
113 W. Mountain
Fayetteville, Arkansas 72701
Telephone Number: 479-575-8361
. -Mobile Number: 479-263-0301
churd@ci.fayetteville.ar.us
§ 1.1.3.2 The persons or entities, in addition to the City's Designated Representative, who are required to review the
Architect's submittals to the City are:
(List name, address and other information.)
•
§ 1:1.3.3 The City's other consultants and contractors are:
-.:(List discipline and, if known, identify them by name and address.)
Consultants anticipated are Land Surveyor, Geotechnical Engineer, construction testing lab, furnishings consultant
,or,supplier.
§ 1.h3A The Architect's Designated Representative is:
(List name, address and other information.)
...James Estes
5799: Broadmoor
Suite 320
Mission, Kansas 66202
Telephone Number: (913)384.1115
Fax -Number. (913) 384-2292
jamese®policeatchitects.com
§ 1115 Theconsultants retained at the Architect's expense are:
(List discipline and, if known, identify them by name and address.)
MechanicalEngineerGibbens, Drake, Scott
Electrical Engineer Gibbens, Drake, Scott
Structural, Engineer A.T. Renczarski & Co., Inc.
Civil Engineering To be determined
Landseape:Design To be determined
§ 1,1.4 Other: important initial information is:
Security and access contol design and specifications provided by Wilson Estes Police Architects. Space and power
provisions: shall be made in planned facilities development for use of existing communications/ 911 equipment.
Services provided under this agreement do not cover design and specifications for new communications/ 911
equipment.
§ 1.1.5. When the services under this Agreement include contract administration services, the General Conditions of
the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement,
or,as follows:
§ 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the City and Architect in
determining the Architect's compensation. Both parties, however, recognize that such information may change and,
AIA Document 11141w —1897 Part 1. Copyright ®1917,1926,1948, 1951, 1953. 1958. 1961, 1963.1966. 1967, 1970, 1974,1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of fhb Ms Document, or any portion of II, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:28:25 on 06/051'2005 under Order
No.1000147796 1 which expires on 11/192005, and is nal for resale.
User Notes: (1787882360)
3
in that event, the City and the Architect shall negotiate appropriate adjustments in schedule, compensation and
Change in Services in accordance with Section 1.3.3.
ARTICLE 12 RESPONSIBILITIES OF THE PARTIES
§ill The City and the Architect shall cooperate with one another to fulfill their respective obligations under this
Agreement Both parties shall endeavor to maintain good working relationships among all members of the Project
§1:22 CRY
§-12.2.1 Unless otherwise:provided under this Agreement, the City shall provide full information in a timely manner
•regarding requirements for and limitations on the Project. The City shall furnish to the Architect, within 15 days
after receipt ofa written request, information necessary and relevant for the Architect to evaluate, give notice of or
• enforce Tien rights. •
112.22 The City shall periodically update the budget for the Project, including that portion allocated for the Cost of
.:the Work: The. City shall not. significantly increase or decrease the overall budget, the portion of the budget allocated
'for Me-C.Ost'of *Work, or contingencies included in the overall budget or a portion of the budget, without the
;
of the Architect's consultants similar agreements to maintain the confidentiality of information specifically
designated as confidential by the City.
§ 12,3SExcept with the City's knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respect to this Project.
§ 113.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect
shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction
over the Project.
§ 12.33 The Architect shall be entitled to rely on the accuracy and completeness of services and information
famished by the City. The Architect shall provide prompt written notice to the City if the Architect becomes aware
Of any errors, omissions or inconsistencies in such services or information.
.ARTICLE 1.3 : TERMS AND CONDITIONS
§ 1,3,1.COST.OF THE WORK
j1.3..1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost
to the City:of.all elements of the Project designed or specified by the Architect
§1512 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the
•:City,and equipment designed, specified, selected or specially provided for by the Architect, including the costs of
-Management or supervisionof construction or installation provided by a separate construction manager or
:Contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for
%contingencies shall be included for market conditions at the time of bidding and for changes in the Work.
.•§ 1:3.1:3:,The Cost of the Work does not include the compensation of the Architect and the Architect's consultants,
'the;posts'Of the land, rights of-way and financing or other costs that are the responsibility of the City.
§ 1.30ISTRUMENTS OF SERVICE
§ 1,3,21•Drawings, specifications and other documents, including those in electronic form, prepared by the Architect
iapdsthe Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect
and the Architect'sconsultants shallbe deemed the authors and Citys of their respective Instruments of Service and
shall retain:all common law, statutory and other reserved rights, including copyrights.
.§1;32.2 Upon execution of this Agreement, the Architect grants to the City a nonexclusive license to reproduce the
Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided
• that the City shall comply with all obligations, including prompt payment of all sums when due, under this
Agreenrent::The Architect shallobtain similar nonexclusive licenses from the Architect's consultants consistent with
this'Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license.
• Upon such termination, the City shall refrain from making further reproductions of Instruments of Service and shall
return to the Architect within seven days of termination all originals and reproductions in the City's possession or
contro]. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be
deemed terminated and replaced by a second, nonexclusive license permitting the City to authorize other similarly
• credentialed•design professionals to reproduce and, where permitted by law, to make changes, corrections or
additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project.
§ 1.3.2.3 Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or
impliedwnderthis Agreement. The City shall not assign, delegate, sublicense, pledge or otherwise transfer any
license;granted herein to another party without the prior written agreement of the Architect. However, the City shall
bepermitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to
teproducc.applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work
by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory
requirements or for similar purposes in connection with the Project is not to be construed as publication in
derogation of the reserved rights of the Architect and the Architect's consultants. The City shall not use the
Instruments of Service for future additions or alterations to this Project or for other projects, unless the City obtains
the prior written agreement of the Architect and the Architect's consultants. My unauthorized use of the
AW Document 13141n'-1997 Part 1. Copyright ®1917 1926 1948 1951 1953 1958 1961 1963 1966 1967 1970 1974 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright taw 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 imder the law. This document was produced by AIA software at 112825 an 060612005 under Order
No.1000147796_1 which expires on 11/192005, and is not for resale.
User Notes: (1787882360)
5
Instruments of Service shall be at the City's sole risk and without liability to the Architect and the Architect's
consultants.
§.1.32.4 Prior to the Architect providing to the City any Instruments of Service in electronic form or the City
providing,to the Architect any electronic data for incorporation into the Instruments of Service the City and the
Architect shall by separate written agreement set forth the specific conditions governing the format of such
.Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this
Agreement.
•
1113 CHANGE IN SERVICES
§13.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be
accomplished'after execution of this Agreement, without invalidating the Agreement. Changes, modifications, or
amendments inscope, price or fees to this agreement shall not be allowed without a prior formal contract
'intendment :approved •by the Mayor and the City Council in advance of the change in scope, cost or
' `fees.CityCityCity Excepcfor a change due to the fault of the Architect, Change in Services of the Architect shall
enti• tle the Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses
described in Section 1:3.9:2 and Section 1.5.5.
1:3.321f any of the following circumstances affect the Architect's services for the Project, the Architect shall be
entitled to an appropriate adjustment in the Architect's schedule and compensation:
1.1: ,Hchange in the instructions or approvals given by the City that necessitate revisions in Instruments of
Service;
.2 enactment or revision of codes, laws or regulations or official interpretations which necessitate
changes to.previously prepared Instruments of Service;
.3 decisions of the City not rendered in a timely manner;
significant change in the Project including, but not limited to, size, quality, complexity, the City's
schedule or:budget, or procurement method;
failure of performance on the part of the City or the City's consultants or contractors;
:6,' preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal
,proceeding:except where the Architect is party thereto;
change in. the information contained in Article 1.1.
'(Faragraphsdeleted)
§ f.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
�,I.The Architect and the City waive consequential damages for claims, disputes or other matters in question arising out
.of orrelating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages
:due;tp: cither.party's.termination in accordance with Section 1.3.8.
§ 114.7 MISCELLANEOUS PROVISIONS
•.,1
§ 1.33.1 This. Agreement shall be governed by the law of the State of Arkansas, unless otherwise provided in
�. Section 1.4:2:;
• §1.312 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201,
General Conditions of the Contract for Construction, current as of the date of this Agreement.
§:t3J.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
•. .theifinal'Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall
such statutes of limitations commence to run any later than the date when the Architect's services are substantially
completed.
AIA Document 161411111— 1897 Part 1. Copyright 01917, 1926, 1948, 1951, 1953,1958, 1961, 1963, 186e. 1967, 1970, 1974, 1977, 1987 and 1897 by The
American Institute of ArchIects. All rights reserved. WARNING: This AIA° Document Is protected by US. 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 112825 on 06/06/2005 under Order
No.1000147796 1 which expires on 11/192005, and is not for resale.
User Notes: - (1787882360)
6
§ 1.3.7.4 To the extent damages are covered by property insurance during construction, the City and the Architect
waive all rights against each other and against the contractors, consultants, agents and employees of the other for
:damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA
:document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The
`City or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of
.them similar waivers in favor of the other parties enumerated herein.
§ 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
. favor of a third party against either the City or Architect.
§4.3.7.6 Unless otherwise: provided in this Agreement, the Architect and Architect's consultants shall have no
iesponsibility,for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous
materials or:toxic substances in any form at the Project site.
§.1,3,7.7The Architect shall have the right to include photographic or artistic representations of the design of the
Project among the Architect's promotional and professional materials. The Architect shall be given reasonable
access:tothe completed Project.to make such representations. However, the Architect's materials shall not include
.the City's confidential or proprietary information if the City has previously advised the Architect in writing of the
specific information considered by the City to be confidential or proprietary. The City shall provide professional
credit for the Architect in.the City's promotional materials for the Project.
§.1:3.7.8 If the City requests the Architect to execute certificates, the proposed language of such certificates shall be
• submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall
not be requireddto execute certificates that would require knowledge, services or responsibilities beyond the scope of
`this Agreement.
'§ 1:7:7:9 The City and Architect, respectively, bind themselves, their partners, successors, assigns and legal
representatives to the.other. party to this Agreement and to the partners, successors, assigns and legal representatives
of such other party with respect to all covenants of this Agreement. Neither the City nor the Architect shall assign
this,Agreement without the written consent of the other, except that the City may assign this Agreement to an
Institutional lenderproviding financing for the Project. In such event, the lender shall assume the City's rights and
'obligations under,this Agreement. The. Architect shall execute all consents reasonably required to facilitate such
§ 1.3.8 TERMINATION OR SUSPENSION
11:33.11f the;City-fails to make payments to the Architect in accordance with this Agreement, such failure shall be
. considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension
•.of performance of services ander: this. Agreement. If the Architect elects to suspend services, prior to suspension of
!services; he,Architect<shall give -seven days' written notice to the City. In the event of a suspension of services, the
. AYciiitect shall have no liability to the City for delay or damage caused the City because of such suspension of
rm services. Before resuming,services, the Architect shall be paid all sums due prior to suspension and any expenses
incurred in theinterruptiomand.resumption of the Architect's services. The Architect's fees for the remaining
services and the timeschedules shall be equitably adjusted.
§ 1.3i82lfthe Project is suspended by the City for more than 30 consecutive days, the Architect shall be
compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect
Shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The
Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
.: § it3 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the
Architect may terminate this Agreement by giving not less than seven days' written notice.
.11.33.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the
other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party
initiating the termination.
AIA Document 1141m-1997 Part 1. Copyright C 1917 1926 1948, 1951, 1953, 1958, 1961,1963, 1966, 1967, 1970, 1974,1977, 1887 and 1997 by The
American Institute of Arch88cts. All rlghla reserved. WARNING: This AIAe Document Is protected by US. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIAe Document, or any portion al It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:2825 on 06/06/2005 under Order
No.1000147796_1 which expires on 11/19/2005, and Is not for resale.
User Notes: (1787862360)
§ 1.3.8.5 This Agreement may be terminated by the City upon not less than seven days' written notice to the
Architect for the City's convenience and without cause.
. §:1,31;61n the event of termination not the fault of the Architect, the Architect shall be compensated for services
... performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
. - definedinSection 1.3.8.7.
§ 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include
.: • expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount
for the Architect's anticipated profit on the value of the services not performed by the Architect.
.. §.1.3.9PAYMENTSTOTHE ARCHITECT
/1.3.9.1 Payments on:account of services rendered and for Reimbursable Expenses incurred shall be made monthly
':upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's
• 'compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on
`: :account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable.
1.3.9.1:1 -Monthly invoicing for Needs Assessment services shall be based upon the percentage of completion for the
woik sflpulated.in Document B727. •
1.3.9.1.2 Monthly invoicing for services stipulated in Documents B 141 shall be determined in accordance with the
'percentage.of work completed for each phase of the work, where the percentage of each phase as it relates to the
•
total service is as follows:
Schematic Design Phase
Design Development Phase
Construction Documents Phase
B'ddingThase
Construction Contract Administration Phase
j.i i92:Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses
inc lined by the•Architect and Architect's employees and consultants directly related to the Project, as identified in
thefollowing Clauses:
transportation in connection with the Project, authorized out-of-town travel and subsistence, and
:electronic communications;
▪ fees paid for. securing approval of authorities having jurisdiction over the Project;
•,3 ::;':reproductions, plots, standard form documents, postage, handling and delivery of Instruments of
'...Service;- . ..
.4 expense of overtime work requiring higher than regular rates if authorized in advance by the City;
.5 renderings, models and mock-ups requested by the City;
. 6 :.••expense of ptofessional liability insurance dedicated exclusively to this Project or the expense of
additional; insurance coverage or limits requested by the City in excess of that normally carried by the
:Architect and the Architect's consultants;
T • . reimbursable expenses as designated in Section 1.5.5;
.8 : • other similar direct Project -related expenditures.
§ 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services
performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the City or the
• City's authorized representative at mutually convenient times.
..., § 1,3,94;Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the
.Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such
as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee
retirement plans and similar contributions.
Fifteen percent (15%)
Twenty percent (20%)
Forty percent (40%)
Five percent (5%)
Twenty percent (20%)
AIA Document 8141 Pi1997Pen 1. Copyright 471917 1926 1948, 1951, 1953, 1958, 1961, 1963.1968,1967, 1970, 1974 1977 1997 and 1997 by The
American blsttde of Ardteda reserved. Alt rights reseed. WARNING; This me Document is protected by US. Copyright Law and International Treaties.
Unauthorlred reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be
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ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
§ 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement
between the City and the Architect and supersedes all prior negotiations, representations or agreements, either
written or.orl. This Agreement may be amended only by written instrument signed by both City and Architect. This
Agreement comprises the documents listed below.
§1.4.1.1 Standard Form of Agreement Between City and Architect, AIA Document B141-1997.
...§ 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document BI41-1997, or
as follows:
(List other documents, if any, delineating Architect's scope of services.)
§ 1.4.1.3 Other documents as follows:
(List other documents, -if any, forming part of the Agreement.)
1 AIA Document B727, Standard Form of Agreement Between Owner and Architect for Special Services.
§ 1.42 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
.. 1.4.2.1 Architects shall maintaim.the following insurance amounts, generally stated as follows:
Professional Liability $1,000,000;
Commercial Liability, including Automobile: $1,000,000;
Workers' Compensation Statutory
1A.2.2 of Information Act". City contracts and documents prepared while performing City contractual
work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented
to the City of Fayetteville, WEPA will do everything possible to provide the document in a prompt and timely
manner as prescribedin the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally
authorized photocopying costs pursuant to the FOIA may be assessed for this compliance.
ARTICLE 1.5 COMPENSATION
§ 1.5.1.For the Architect's services as described under Article 1.4, compensation shall be computed as follows:
`I 1.5.1.1 For Needs Assessment Study, as stipulated in Document B727.
L5.1.2 Por Design and Construction Contract Administration Services stipulated in Document B141, a percentage
'of construction cost of the work* plus reimbursables, whereby cost of the work is utilized to determine the
percentage of fee invaccordance with attached Exhibit A, and whereby Police and Court facilities are considered as
"Group 2", and all other Departments for consideration are considered "Group 3".
* Construction Cost of the Work will be developed in the Needs Assessment Study for each separately identified
- construction project as a Statement of Probable Construction Cost, including contingencies, and shall be agreed
upon by the City of Fayetteville.
§ 1.5.2 If the services of the Architect am changed as described in Section 1.3.3.1, the Architect's compensation shall
beadjusted. .Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in
this Section 1.5.2, in an equitable manner.
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and
employees, and identify Principals and classify employees, if required. Identify specific services to which particular
methods of compensation apply.)
The basis of compensation will be equitably determined by mutual agreement between the City and Architect at the
time of any change in services occurring after the initiation of design services for any specific construction project
AIA Document 16141111- 1997 Part 1. Copyright Cr 1917, 1926, 1948, 1951, 1953, 1958, 1981, 1963, 1966, 1967, 1970 1974 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: cis Alt Document Is protected by U.S. Copyright Lew and International Treaties.
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prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 112825 on 06/062005 under Order
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9
identified through the Needs Assessment Study. The bash shall be the value of the work multiplied by the
corresponding fee percentage stated in Exhibit A, or hourly at the rates listed below:
Principals $105.00
Project Manager $ 80.00
Technical Staff $ 55.00
Administrative --$ 55.00
- - Designated principals are James Estes and Cliff Wilson.
§14.3 Far a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of
one -point -one ( 1.1) times the amounts billed to the Architect for such services.
§ 14.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as
Reimbursable Expenses, the compensation shall be computed as a multiple of one -point -one ( 1.1) times the
expenses incurred by the Architect, and the Architect's employees and consultants.
§1.55.0ther Reimbursable. Expenses, if any, are as follows:
Not applicable. •
§ 13.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this
Agreement shall beadjusted in accordance with their normal salary review practices, subject to approval by the City
Council, if occurring before the initiation of design and construction services on any specific construction project.
§ 1.5.7: Aninitial payment of zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the City's account at final payment. Subsequent payments for
services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set
forth inthis Agreement.
§.14.8:Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice..
(Insert: rate of intere,st agreed upon.) .,
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws
andother regulations at the City's and Architect's principal places of business, the location of the Project and
elsewhere may affect the validity -of this provision. Specific legal advice should be obtained with respect to deletions
'or modifications, and also.regarding requirements such as written disclosures or waivers.)
• §:1:5!9 If the services covered by this Agreement have not been completed within a time to be determined at the
•''outsetof any-specifiecohstruction project, through no fault of the Architect, extension of the Architect's services
beyond that time shallbecompensated as provided in Section 1.5.2.
_This Agree ntentered into as of the day and year first written above.
CRY , / ARCHHT
(Sig•ture)tl,....:
1 Dan Coody, Mayor
``s.11H R tits j'Printed (jinn/ land title) /� (Printed • and title)
�.�.t ��}\ �otrolra sorttJ�
°�'• ►I�IE•
�s
(Signature
James Es Principal
Si Smith, City Clerk
' O4Z••.9 pe'�mente141n•-1997 Pan 1. Copyright 01917, 1926, 1948, 1951 1953 1958 1981 1963 1986 1987 1970 1974 1977,1987 and 1997 by The
'G'9 ••RKAt% • n Institute of Architects. All rights reserved. WARNING: This AIA• Document is protected by U.S. Copyright Law and International Treaties.
's�;NGTON1eo rosecutedt reproduction
he maximumextentibution possibetthis Ale underrthelWw. Thisdocumor eittwasprodrtion of lucedbyAIAsoittwarre sevet111vil 25a 06106"20d criminal 05uinderOrder and be
o No.1000147786 1 which expires on 11/19/2005, and Is not for resale.
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10
tAIA Document B141Th —1997 Part 2
Stai►dard Form of Architect's Services:
` Design and Contract Administration
TABLE OF ARTICLES
2;1 PROJECT ADMINISTRATION SERVICES
SUPPORTINGSERVICES
EVALUATION AND PLANNING SERVICES
:::DESIGN SERVICES
CONSTRUCTION. PROCUREMENT SERVICES
CONTRACT ADMINISTRATION SERVICES
'FACILITY OPERATION SERVICES
SCHEDULE OF SERVICES
'MODIFICATIONS: .
ARTICLE 2.1. - PROJECT ADMINISTRATION SERVICES
:42;11_The Architect shall manage the Architect's services and administer the Project The
Architect shall consult with the City, research applicable design criteria, attend Project
.nleetiggs, communicate with members of the Project team and issue progress reports. The
Architect shall coordinate the services provided by the Architect and the Architect's
consultants.with those services provided by the City and the City's consultants.
•
144.4 When Project requirements have been sufficiently identified, the Architect shall
praWaie,?and periodically update, a Project schedule that shall identify milestone dates for
decisionsiequired of the City, design services furnished by the Architect, completion of
documentation provided by the Architect, commencement of construction and Substantial
.Completion of the Work.
§ 2.1.3 The Architect shall consider the value of alternative materials, building systems and
equipment, together with other considerations based on program, budget and aesthetics in
developing the design for the Project.
§ 2.14 Upon request of the City, the Architect shall make a presentation to explain the
design of the Project to representatives of the City.
§ 2.1.5 The Architect shall submit design documents to the City at intervals appropriate to
the design process for purposes of evaluation and approval by the City. The Architect shall
be entitled to rely on approvals received from the City in the further development of the
design.
§ 2.1.6 The Architect shall assist the City in connection with the City's responsibility for
filing documents required for the approval of govemmental authorities having jurisdiction
over the Project
ADDITIONS AND DELETIONS:
The author of this document has
added Information needed for Its
completion. The author may also
have revised the text of the
original AIA standard form. An
Additions and Deletions Report
that notes added information as
well as revisions to the standard
form text is available from the
author and should be reviewed.
A vertical line In the lett 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 attomey
Is encouraged with respect to
Its completion or modification.
AIA Document B141*a-1997 Part 2. Copyright 01917,1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967,1970, 1974, 1977, 1987 and 1997 by The
American instate° of Architects. All rights reserved. WARNING: This AMA° 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 wow/areal 12:09:08 on 06106!2005 under Order
No.1000147796_1 which expires on 1111920os, and is not for resale.
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§ 2.1.7,EVALUATION OF BUDGET AND COST OF THE WORK
. §2.1.7.1 Through the Needs Assessment Study defined in Document B727, the Architect shall prepare a preliminary
estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual
estiinating techniques. As the design process progresses through the end of the preparation of the Construction
Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect
Shalladvise the City of any adjustments to previous estimates of the Cost of the Work indicated by changes in
Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work
exceeds the City's budget, the Architect shall make appropriate recommendations to the City to adjust the Project's
Size, quality or budget, and the City shall cooperate with the Architect in making such adjustments.
•
§ 2.13.2 Evaluations of the City's budget for the Project, the preliminary estimate of the Cost of the Work and
updated estimates of theCost of the Work prepared by the Architect represent the Architect's judgment as a design
professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the City
•has controlover the costa labor, materials or equipment, over the Contractor's methods of determining bid prices,
er over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not
warrant or represent that bids or negotiated prices will not vary from the City's budget for the Project or from any
estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
12413 preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for
design, bidding and price escalation; to determine what materials, equipment, component systems and types of
construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the
Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of
:the Work to meet the City's budget for the Cost of the Work. If an increase in the Contract Sum occurring after
execution of the Contract between the City and the Contractor causes the budget for the Cost of the Work to be
exceeded, that budget shall be increased accordingly.
2.134 If bidding ornegotiation has not commenced within 90 days after the Architect submits the Construction
Documents to the City, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level
of prices in the construction industry.
If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the
.1 give written approval of an increase in the budget for the Cost of the Work;
authorizerebidding or renegotiating of the Project within a reasonable time;
.3 :terminate in accordance with Section 1.3.8.5; or
A cooperate in revising the Project scope and quality as required to reduce the Cost of the Work.
City. shal
•
§2.1.3.6 tithe City chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation, shall
modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the
budget for theCost ofthe Work. The modification of such documents shall be the limit of the Architect's
responsibility under this Section 2.1.7. The Architect shall be entitled to compensation in accordance with this
Agreement for all services performed whether or not construction is commenced.
ARTICLE 22 `SUPPORTING SERVICES
§22.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the City or
the City's consultants and contractors.
§ 22.11 The Needs Assessment Study defined in Document B727, Cityshall furnish a program setting forth the
City'sobjectives, schedule, constraints and criteria, including space requirements and relationships, special
equipment, systems and site requirements.
§ 2.2.1.2TThe City shall furnish surveys to describe physical characteristics, legal limitations and utility locations for
the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage;
rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and
AIA Document 8141m-1997 Part 2. Copyright 4111917, 1926, 1948, 1951, 1953. 1958, 1961, 1963, 1968. 1967, 1970, 1974, 1977, 1087 and 1997 by The
American Institute of Architects. All dghts reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and hrternatlonal Treaties.
Unauthorized reproduction or distribution of this MA° Document, or any portion of Il, 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 AW software at 12'09:08 on 06'06/2005 under Order
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information concerning available utility services and lines, both public and private, above and below grade,
including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§23.13 The City shall furnish services of geotechnical engineers which may include but are not limited to test
borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground
. corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports
and:appropriate recommendations.
ARTICLE 2.3 EVALUATION AND PLANNING SERVICES
§.2:31 The Architect shall, provide a preliminary evaluation of the information furnished by the City under this
Agreement, including theCity's program and schedule requirements and budget for the Cost of the Work, each in
terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements
of the Project and shall notify the City of any other information or consultant services that may be reasonably
needed for the Project. •
•
123.2 The Architect shall provide a preliminary evaluation of the City's site for the Project based on the
=information provided by the City of site conditions, and the City's program, schedule and budget for the Cost of the
§ 2.3.3 The Architect shall review the City's proposed method of contracting for construction services and shall
notify the City of anticipated impacts that such method may have on the City's program, financial and time
;requirements, and the scope of the Project.
ARTICLE 2.4 DESIGN SERVICES
§2.4A The Architect's design services shall include normal structural, mechanical and electrical engineering
services.
§ 2.4.2 SCHEMATIC DESIGN DOCUMENTS
§2A2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program,
schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project
illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a
. conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's
option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or
' combinations of these media. Preliminary selections of major building systems and construction materials shall be
noted on the drawings,or described in writing.
§ 2..a DESIGN DEVELOPMENT DOCUMENTS
§ 2.4:3.1. The Architect shall provide Design Development Documents based on the approved Schematic Design
Documents:and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and
1. describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance
of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The
Design Development Documents shall include specifications that identify major materials and systems and establish
in general their quality levels.
§ 2.4.4 CONSTRUCTION DOCUMENTS
§ 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development
Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the
requirements for construction of the Project. The Construction Documents shall include Drawings and
Speccations that establish in detail the quality levels of materials and systems required for the Project.
§ 2:4.4.2 During the development of the Construction Documents, the Architect shall assist the City in the
development and preparation of: (1) bidding and procurement information which describes the time, place and
conditions of bidding; bidding or proposal forms; and the form of agreement between the City and the Contractor;
and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The
Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and
Specifications and may include bidding requirements and sample forms.
AIA Document 8141 nr —1997 Pail 2. Copyright m 1917, 1926, 1948, 1951, 1953,1958, 1961,1963, 1966,1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This A1C 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 byAIA software at 12:09:08 on 08/06/2005 under Order
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•
ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES
..§,2.5.1 The Architect shall assist the City in obtaining either competitive bids or negotiated proposals and shall assist
the Cityin awarding and preparing contracts for construction.
. § 2;5 2.The Architect shall assist the City in establishing a list of prospective bidders or contractors.
§ 2.54 The Architect shall assist the City in bid validation or proposal evaluation and determination of the successful
• bid'or proposal, if any. If requested by the City, the Architect shall notify all prospective bidders or contractors of
-t' bid or proposal results.
• :§ 2.5.4 COMPETITIVE BIDDING
§2;5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions, and
'Supplementary Conditions, Specifications and Drawings.
• § 25.42 If requested by the City, the Architect shall arrange for procuring the reproduction of Bidding Documents
for,distribution toprospective. bidders. The City shall pay directly for the cost of reproduction or shall reimburse the
Architect. for such expenses..
§ 2;5:4,3 If requested bythe City, the Architect shall distribute the Bidding Documents to prospective bidders and
request their return uponcompletion of the bidding process. The Architect shall maintain a log of distribution and
retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders.
..,I1:54.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall
-prepareand distribute addenda identifying approved substitutions to all prospective bidders.
,§ 2.5.4.5 The Architect shall participate in or, at the City's direction, shall organize and conduct a pre-bid conference
`forprospective.bidders. -
§ 2;5A,6, The Architect shall prepare responses to questions from prospective bidders and provide clarifications and
nterpretationsbf the Bidding Documents to all prospective bidders in the form of addenda.
.04.4.7 The;Amhitect shall participate -in or, at the City's direction, shall organize and conduct the opening of the
bids. The Architect shall subsequently document and distribute the bidding results, as directed by the City.
§ 2.5:5 NEGOTIATED PROPOSALS
12.5;5.1 Proposal Documents shall consist of proposal requirements; proposed contract forms, General Conditions
and Supplementary Conditions, Specifications and Drawings.
• § 2.5.52.If requested -by the City, the Architect shall arrange for procuring the reproduction of Proposal Documents
for distribution to prospective contractors. The City shall pay directly for the cost of reproduction or shall reimburse
{ .the Architectfor such expenses.
, § 25:5.3 If requested by the. City, the Architect shall organize and participate in selection interviews with prospective
contractors.. . •
§ 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and shall
prepare and distribute addenda identifying approved substitutions to all prospective contractors.
§:2;5.5.5 If requested by the City, the Architect shall assist the City during negotiations with prospective contractors.
TheArchitect shall subsequently prepare a summary report of the negotiation results, as directed by the City.
ARTICLE 16 CONTRACT ADMINISTRATION SERVICES
2:6.1: GENERALADMINISTRATION
§ 2.6.1.1 The Architect shall provide administration of the Contract between the City and the Contractor as set forth
below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of
the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract
AIA Document 131411e —1997 Par12. Copyright 01917, 1928, 1948, 1951 1953 1958 1961 1963 1966 1967 1970 1974 1977 1987 and 1997 by The
AmeAcan Institute of Architects. All rights reserved. WARNING: This rune Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this Alt Document, or any portion of It, may resort m 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 120898 on 06106/2005 under Order
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4
•
Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this
..Agreement or approved in writing by the Architect.
§2.6.12 The Architect's responsibility to provide the Contract Administration Services under this Agreement
commences with the award of the initial Contract for Construction and terminates at the issuance to the City of the
finalCertificatefor Payment. However, the Architect shall be entitled to a Change in Services in accordance with
Section 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the
Work.
§ 2:6.1.3 The Architect shall be a representative of and shall advise and consult with the City during the provision of
the Contract Administration Services. The Architect shall have authority to act on behalf of the City only to the •
extent provided in this Agreement unless otherwise modified by written amendment
/2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be
..restricted, modified' or extended without written agreement of the City and Architect with consent of the Contractor,
;which consentwill notbe unreasonably withheld.
'.12.6.1..5 The Architect shall review properly prepared, timely requests by the Contractor for additional information
about:the.Contract.Documents. A properly prepared request for additional information about the Contract
Documents shall be in a formprepared or approved by the Architect and shall include a detailed written statement
.thatEindicates the specific Drawings or Specifications in need of clarification and the nature of the clarification
•
§ 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the City's behalf prepare, reproduce and
:. distribute supplemental Drawings and Specifications in response to requests for information by the Contractor.
•-§ 26:1:TThe Architect shall interpret and decide matters concerning performance of the City and Contractor under,
Ind requirements of, the Contract Documents on written request of either the City or Contractor. The Architect's
response to such. requests shall be made in writing within any time limits agreed upon or otherwise with reasonable
Promptnss. .:
§2:6.1:8Interpretations anddecisionsof the Architect shall be consistent with the intent of and reasonably inferable
.:from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
and initial decisions, the Architect shall endeavor to secure faithful performance by both City and Contractor, shall
not show partialityto either, and shall not be liable for the results of interpretations or decisions so rendered in good
faith
§ 2.6.1S The Architect shall render initial decisions on claims, disputes or other matters in question between the City
and Contractor.as provided in the Contract Documents. However, the Architect's decisions on matters relating to
aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.
§ 2.62 EVALUATIONS OF.THE WORK
§ 2.6:2.1 The Architect, as a'representative of the City, shall visit the site at intervals appropriate to the stage of the
Contractor's operations, or as otherwise agreed by the City and the Architect in Article 2.8, (1) to become generally
familiar with' and to keep the City informed about the progress and quality of the portion of the Work completed, (2)
to.endeavor.to.guard the City against defects and deficiencies in the Work, and (3) to determine in general if the
Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the
Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of,
nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety
:precautionsand ;programs in connection with the Work, since these are solely the Contractor's rights and
responsibilitiesunder the Contract Documents.
§ 2.62.2 The Architect shall report to the City known deviations from the Contract Documents and from the most
recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the
Contractor's failure to perform the Wont in accordance with the requirements of the Contract Documents. The
Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or
AIA Document 13141m—1997Part 2. Copyright m 1917. 1926, 1948, 1951 1953 1958 1961 1963 1966 1967 1970 1974 1977 1987 end 1997 by The
American insllalte of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Lew end international Treaties.
Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:09:08 on 06(06/2005 under Order
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•
charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons or entities performing portions of the Work.
§2.6,2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress.
§2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially
authorized, the City shall endeavor to communicate withthe Contractor through the Architect about matters arising
btitof or relating to the Contract Documents. Communications by and with the Architect's consultants shall be
through the Architect.
:•§2:6.2.5 The: Architect shall have authority to reject Work that does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or
testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is
• fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith
either to.exercise or norto exercise such authority shall give rise to a duty or responsibility of the Architect to the
.Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities
performing portions of the Work.
§ 2:63. CERTIFICATION. OF PAYMENTS TO CONTRACTOR
§2,6.3:1 The Architect shall:review and certify the amounts due the Contractor and shall issue Certificates for
Payment in such amounts. The Architect's certification for payment shall constitute a representation to the City,
based on the Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the
•Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the
Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract
Documents. The foregoingrepresentations are subject (1) to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to
correction.of minor deviations .from the Contract Documents prior to completion, and (4) to specific qualifications
. expressed•by the Architect.
•
12.6,34 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
Subcontractors andmaterial suppliers and other data requested by the City to substantiate the Contractor's right to
payment, 'or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum. •
§ 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment.
§'2,6.4 'SUBMITTALS .§2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals
such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance
with information given and the•design concept expressed in the Contract Documents. The Architect's action shall be
taken with such reasonable promptness as to cause no delay in the Work or in the activities of the City, Contractor or
separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate
review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of
other details,such as dimensions and quantities, or for substantiating instructions for installation or performance of
equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract
Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component.
§ 2.6&2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
accordance with the requirements of the Contract Documents.
§ 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or
equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify
appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals
AIA Document 0141ze —1997 Part 2. Copyright Di 1917, 1926, 1948. 1951, 1953, 1958, 1961, 1963, 1966. 1967. 1970, 1974,1977. 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This Ate Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA° Document, or any porton 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 12:09:08 on 06)06^2005 under Order
No.1000147798_1 which expires on 11/19/2005, and is not for resale,
User Notes: (688218919)
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