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HomeMy WebLinkAbout75-07 RESOLUTIONRESOLUTION NO. 75-07 A RESOLUTION APPROVING CHANGE ORDER #1 TO THE CONTRACT WITH DON SPANN ARCHITECTS IN THE AMOUNT OF $70,700 00 FOR FIRE STATION #3 ARCHITECTURE SERVICES. 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 Change Order #1 to the Contract with Don Spann Architects in the amount of $70,700.00 for Fire Station #3 Architecture Services. A copy of Change Order #1, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this lst day of May, 2007. APPROVED: By DAN COODY, Mayor ATTEST: ;o.• tt ;FAYETTEVILLE tt•.•y /� [Va Vas -Pk 1. 1'/cc--� l�-ii7 ''�?'/NGTON %%%%% $y: " �uu u u u��" SONDRA E. SMITH, City Clerk/Treasurer Change Order #1 To Contract City of Fayetteville & Spann Architecture Inc. Fire Station No. 3 Architecture Services Item No. Estimated Item Description Unit Quantity Unit Price Extended Price 1 Architectural Fee- Increase from percent of Budget Lot 1 Lot $23,241.60 $23,241.60 Amount to Percent of Actual Construction Amount 2 Reimbursable (Civil & Geo Tech Engineering, Printing, I Lot I 1 Lot $47,458.40 $47,458.40 Add'I Services, Etc. Original Contract Amount $95,000.00 Net Increase (decrease) of the Change Order $ 70,700.00 Revised Contract Amount $165,700.00 WITNESS OUR HANDS THIS IS CITY OF FAYETTEVILLE, FAYETTEVILE,ARKANSAS BY A'OR AN COO ATTEST* CITY CLERK SONDRA SMITH ATTEST. CO DAY OF ..``"(tK/TR ..... "J.• o% :FAYETTEVILLE: S'ci .;s ' 9QSe.ANSt �....GT0N`�‘ ....Cl... , 2007. SPANN ARCHI'YLCTURE, INC. BY SOA/ SPO t/if/ , „P2ESzre-it/T PRINTED NAME AND TITLE NY ..•ECRETARY BU • SS ADDRESS* //6>g Gr/EsT ,aor0Gae Srfrica oGE2s, ,4.2 , 727.5 Tony Johnson Submitted By . City of Fayetteville Staff Review Form City Council Agenda Items or Contracts May 1, 2007 City Council Meeting Date Fire Division Action Required: Fire 5/i/ori nhehileth ehi Department A resolution approving a change order to purchase order 06-0001520 to Don Spann Architects in the amount of $70,700. 70,700.00 Cost of this request 4470-9470-5804.00 Account Number 05006.1 Project Number Budgeted Item X 1,611,024.00 Category / Project Budget 41,200 00 Funds Used to Date 1,569,824.00 Remaining Balance Budget Adjustment Attached Fire Station #3 Construction Program Category / Project Name Building Costs Program / Project Category Name Sales Tax Improvement Fund Name Departmenf Director Finance and Internal Service Director Mayor €1•17a°7 Date 9/107 Date `1-1707 Date y'A g `-, Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Mayor's Office ENT Comments: City of Fayetteville Fire Department 303 W. Center St. Fayetteville, AR. 72701 Phone (479) 575-8365 Fax (479) 575-0471 Project Request To: MayorCoody Fayetteville City Council From: Tony Johnson, Fire Chief Subject: Change Order for Architectural Fees and Expenses Date: April 16, 2007 Recommendation• I recommend that you accept and approve the change order for architectural fees, expenses and reimbursable for the new fire station #3 building project in the amount of $70,700.00. Council approval of the request would bring the total amount for architectural fees, expenses and reimbursable to $165,700.00 Background As a result of the 2003 Fire Station Concept and Deployment Plan, a need was identified and the Council has provided funding for the new fire station which constitutes expanded service. The additional architectural fee is needed because the initial price for service was based on an assumption. Since we have successfully completed the competitive bid process for the project, we now know the true market price for the fire station It is for this reason that the architectural design and oversight portion of the cost has increased. Discussion The fire station #3 project is pursuant to our guiding principle of a Financially City Govemment Providing Top -Quality, Responsive Services and it strengthens our reputation as a Safe Community. Our fractal response goal of responding to 90 percent of our calls for service in six minutes or less is improved upon by this project. Budget Impact The budget for this project is provided by a construction bond (Resolution No: 18-06) for this structure and the new fire station #5 (Crossover and Old Wire Roads) project. This is a budgeted item included in the 2007 Capital Improvements projects. • or • RESOLUTION NO. A RESOLUTION APPROVING CHANGE ORDER #1 TO THE CONTRACT WITH DON SPANN ARCHITECTS IN THE AMOUNT OF $70,000 00 FOR FIRE STATION #3 ARCHITECTURE SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF C TY OF ... mat k# hna2 FAYE11'EVILLE, ARKANSAS: ��yy Section 1. That the City Council o the City of Fayet'ttville, Ark as hereby approves Change Order #1 to the Contract with o.Sp Arctrtects in the amount of $70,000.00forcire Station n chitec e Services. A coy of Change Order #1, � ed"Etttit "A,'S ched htto and mad- a part hereof. AP ROVED: TEST: By:. y' By: *AIVCOODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer RESOLUTION NO. 130-06 A RESOLUTION APPROVING A CONTRACT WITH DON SPANN ARCHITECTS IN AN AMOUNT NOT TO EXCEED $105,300.00 FOR DESIGN AND OVERSIGHT OF THE REPLACEMENT OF FIRE STATION #3. 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 a Contract with Don Spann Architects in an amount not to exceed $105,300.00 for design and oversight of the replacement of Fire Station #3. A copy of the Contract, marked Exhibit "A," is attached hereto and made a part hereof. `,gyp gye„.,por �SY0 PASSED and APPROVED this 1st day of August, 2006. :. <IN APPROVED: ATTEST: By: L�. %//�'� By: DAN COODY, ilk O. S i NDRA SMITH, City Clerk to, E :FAYETIEVILLE 5.ac 6•.• LP •. KANSPs .J÷ R AIA Document B151T"-1997 1. Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the First day of August in the (In words, indicate day, month and year) BETWEEN Don Spann AIA, Architect's client identified (Name, address and other information) City of Fayetteville Arkansas, Municipality 113 West Mountain St. Fayetteville, AR 72701 Telephone Number. 479.575.8330 • and Don Spann AIA, Architect: (Name, address and other information) Don Spann AIA, Architect, Subchapter S Corporation 1108 West Poplar year Two Thousand Six as the City of Fayetteville: • For the following Project: (Include detailed description of Project) The project is based on remodeling and renovating the old Tyson — "Mexican Original" plant built at the southeast comer of the intersection of South Ray Avenue and Huntsville Road in Fayetteville, Arkansas. Adaptive re -use of the existing space will include: 1. 6,500 square foot Fire Station with 2 apparatus bays, living quarters, kitchen, bunk area, storage, maintenance area and office. 2. 1600 square foot Offices of the Fire Marshal 3. 3,090 square feet for Fire Education and Training including office space -for three people, storage, reception, conference room, . interrogation room and garage space that ties in with the Fire Station apparatus bay. Total aggregate square footage for the facility including, accessory use space, circulation, walls and unusable area is approximately 12,000 square feel. 1 The City of Fayetteville and Don Spann MA, Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for Its completion. The author may also have revised the text of the original AIA standard lone. An Additions and Deletions Report that notes added Information as well as revisions to the standard form text Is available Irom the author and should be reviewed. A vertical line in the left margin of this document indicates where the author hasadded necessary information and where the author has added to or deleted Irom the original AMA text. Ns document has important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modification. • inn. AIA Document B141m — 1997. Copyright 01974, 1978. 1987 and 1997 by The American Insfilute of Architects. All rights reserved. Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' / portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the was produced by ALA software at 10:4020 on 07/12/2005 under Order No.1000228753_1 wNch expires on 3/21/2007, and is no for res User Notes: WARNING: This AIA' Document, or any law. This document ale. .. (2608795819) ARTICLE 1 DON SPANN AIA, ARCHITECT'S RESPONSIBILITIES § 1.1 The services performed by Don Spann AIA, Architect, Architect's employees and Don Spann AIA, Architect's consultants shall be as enumerated in Articles 2, 3 and 12. § 1.2 Don Spann AIA, Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Don Spann AIA, Architect shall submit for the City of Fayetteville's approval a schedule for the performance of Don Spann AIA, Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the City of Fayetteville's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the City of Fayeneville shall not, except for reasonable cause, be exceeded . by Don Spann AIA, Architect or City of Fayetteville. § 1.3 Don Spann AIA, Architect shall designate a representative authorized to act on behalf of Don Spann AIA, . Architect with respect to the Project. § 1,4 The services covered by this Agreement are subject to the time limitations contained in Section 11.5.1. .. (Paragraph deleted) ARTICLE 2 SCOPE OF DON SPANN AIA, ARCHITECT'S BASIC SERVICES § 2.1 DEFINITION Don Spann AIA, Architect's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services.. § 2.2 SCHEMATIC DESIGN PHASE I§ 2.2.1 Don Spann AIA, Architect shall review the program furnished by the City of Fayetteville to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with .the City of Fayetteville. Inst • § 2.2.2 Don Spann AIA, Architect shall provide a preliminary evaluation of the City of Fayetteville's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Section 5.2.1. § 2.2.3 Don Spann AIA, Architect shall review with the City of Fayetteville alternative approaches to design and construction of the Project. § 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, Don Spann AIA, Architect shall prepare, for approval by the City of Fayetteville, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. § 2.2.5 Don Spann AIA, Architect shall submit to the City of Fayetteville a preliminary estimate of Construction Cost based on current area; volume or similar conceptual estimating techniques. § 2.3 DESIGN DEVELOPMENT PHASE § 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the City of Fayetteville in the program, schedule or construction budget, Don Spann AIA, Architect shall prepare, for approval by the City of' Fayetteville, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. § 2.3.2 Don Spann AIA, Architect shall advise the City of Fayetteville of any adjustments to the preliminary estimate of Construction Cost. AIA Document 13151Th —1997. Copyright O 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved WARNING: This MA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 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 doormen' was produced by AIA software at 10:40:20 on 07/122006 under Order No:1000228753-1 which expires on 3/212007, and is not for resale.„ ' ' User Notes: (2608795819) 2 Intl / § 2.4 CONSTRUCTION DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the City of Fayetteville, Don Spann AIA, Architect shall prepare, for approval by the City of Fayetteville, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. § 2.4.2 Don Spann AIA, Architect shall assist the City of Fayetteville in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the City of Fayetteville and Contractor. § 2.4.3 Don Spann AIA, Architect shall advise the City of Fayetteville of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. § 2.4.4 Don Spann AIA, Architect shall assist the City of Fayetteville in connection with the City of Fayetteville's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the "Project. § 2.5 BIDDING OR NEGOTIATION PHASE ::Don Spann AIA, Architect, fotlowing the City of Fayetteville's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost shall assist the City of Fayetteville in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. § 2.6 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 2.6.1 Don Spann AIA, Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the City of Fayetteville of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. § 2.6.2 Don Spann AIA, Architect shall provide administration of the Contract for Construction 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, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by Don Spann AIA, Architect. § 2.6.3 Duties, responsibilities and limitations of authority of Don Spann ATA, Architect under this Section 2.6 shall not be restricted, modified or extended without written agreement of the City of Fayetteville and Don Spann AIA-, Architect with consent of the Contractor, which consent will not be unreasonably withheld. • § 2.6.4 Don Spann AIA, Architect shall be a representative of and shall advise and consult with the City of ,Fayetteville during the administration of the Contract for Construction. Don Spann AIA, Architect shall have authority to act on behalf of the City of Fayetteville only to the extent provided in this Agreement unless otherwise :modified by written amendment. .t:§ 2.6.5 Don Spann AIA, Architect, as a representative of the City of Fayetteville, shall visit the site at intervals appropriate to the stage of the Contractorsoperations, or as otherwise agreed by the City of Fayetteville and Don Spann AIA, Architect in Article 12, (1) tobecome generally familiar with and to keep the City of Fayetteville informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the City of Fayetteville 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, Don Spann AIA, Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. Don Spann AIA, Architect shall neither have control over ..or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for • safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.6 Don Spann AIA, Architect shall report to the City of Fayetteville known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, Don Spann AIA, AIA Document B151ra -1997. Copyright C 1974, 1978, 1987 end 1907 by The American Institute of Architects. All rights reserved WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction' or distribution of this me Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:4020 on 07/12/2006 under Order No.1000228753_1 which expires on 3/21/2007, and Is not for resale. • User Notes: (2608795819) 3 Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. Don Spann AIA, Architect shall be responsible for Don Spann AIA, Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities perforating portions of the Work. § 217 Don Spann AIA, Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the City of Fayetteville shall endeavor to communicate with the Contractor through Don Spann AIA, Architect about matters arising out of or relating to the Contract Documents. Communications by and with Don Spann AIA, Architect's consultants shall be through Don Spann AIA, Architect. § 2.6.9 CERTIFICATES FOR PAYMENT § 219.1 Don Spann AIA, Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. § 2.6.9.2 Don Spann AIA, Architect's certification for payment shall constitute a representation to the City of • Fayetteville, based on Don Spann AIA, Architect's evaluation of the Work as provided in Section 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of Don Spann AIA, Architect's knowledge, information.and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by Don Spann AIA, Architect. § 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that Don Spann AMA, 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 and material suppliers and other data requested by the City of Fayetteville 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. § 2.6.10 Don Spann AIA, Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever Don Spann AIA, Architect considers it necessary or advisable, Don Spann AIA, Architect shall 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 Don Spann AIA, Architectnor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of Don Spann AIA, Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.11 Don Spann AIA, 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. Don Spann AIA, 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 of Fayetteville, Contractor or separate contractors, while allowing sufficient time in Don Spann AIA, Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for thepurpose 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. Don Spann AIA, Architect's review shall not -constitute approval of safety precautions or, unless otherwise specifically stated by Don Spann AIA, Architect, of any construction means, methods, techniques, sequences or procedures. Don Spann AIA, Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.6.12 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, Don Spann AIA, Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other IniL AIA Document 6151"-1997. Copyright 01974. 1978. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion'ol it, may result In severe civil ar,d criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AW software at 10:4020 on 07/12/2006 under Order No.1000226753_1 which expires on 3/212007, and is not for resale. User Notes: (2608795819) ME ' 4 submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to Don Spann MA, Architect. Don Spann AIA, Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, cenifications or approvals performed by such design professionals. § 2.6.13 Don Spann AIA, Architect shall prepare Change Orders and Construction Change Directives with supporting documentation and data if deemed necessary by Don Spann AIA, Architect as provided in Sections 3.1.1 and 3.3.3, for the City of Fayetteville's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. § 2.6.14 Don Spann AIA, Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the City of Fayetteville, for the City of Fayetteville's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 2.6.15 Don Spann AIA, Architect shall interpret and decide matters concerning performance of the City of Fayetteville and Contractor under, and requirements of, the Contract Documents on written request of either the City of Fayetteville or Contractor. Don Spann AIA, Architect's response to such regfests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 2.6.16 Interpretations and decisions of Don Spann AIA, 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, Don Spann AIA, Architect shall endeavor to secure faithful performance by both City of Fayetteville and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. § 2.6.17 Don Spann MA, Architect shall render initial decisions on claims, disputes or other matters in question between the City of Fayetteville and Contractor as provided in the Contract Documents. However; Don Spann AIA, Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES § 3.1 GENERAL § 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the City of Fayetteville as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Sections 3 2 and 3.4 shall only be provided if authorized or confirmed in writing by the City of Fayetteville. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond Don Spann AIA, Architect's control, Don Spann AIA, Architect shall notify the City of Fayetteville prior to commencing such services. If the City of Fayetteville deems that such services described under Section 3.3 are not required, the City of Fayetteville shall give prompt written notice'to Don Spann AIA, Architect. If the City of Fayetteville indicates in writing that all or part of such Contingent Additional Services are not required, Don Spann AIA, Architect shall have no obligation to provide those services. § 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES § 3.2.1 If more extensive representation at the site than is described in Section 2.6.5 is required, Don Spann AIA, Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. .§ 3.2.2 Project Representatives shall be selected, employed and directed by Don Spann AIA, Architect, and Don Spann AIA, Architect shall be compensated therefor as agreed by the City of Fayetteville and Don Spann AIA, Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. AIA Document 8151^' —1997. Copyright 0 1974,1978. 1987 and 1997 by The American Institute o1 Architects. All rights reserved. Document Is protected by 11.5. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this me portion of It, may result ln severe civil and criminal penalties, and wi0 be proseiided to the maximum extent possible under the was produced by AIA software at 10:1020 on 07/122006 under Order No.1000228753_1 which expires on 321/2007, and is not for resat User Notes: WARNING: This me Document, or any law. This document e. (2608795819) 5 • Init. § 3.2.3 Through the presence at the site of such Project Representatives, Don Spann AIA, Architect shall endeavor to provide further protection for the City of Fayetteville against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of Don Spann AIA, Architect as described elsewhere in this Agreement. § 3.3 CONTINGENT ADDITIONAL SERVICES § 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the City of Fayetteville, including revisions made necessary by adjustments in the City of Fayetteville's program or Project budget; required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or ' .3 due to changes required as a result of the City of Fayetteville's failure to render decisions in a timely manner. § 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the City of Fayetteville's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.2.5. § 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders andtonstruction Change Directives. § 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. § 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. § 3.3.6 Providing services made necessary by the default of the Contradtor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the City of Fayetteville or Contractor under the Contract for Construction. § 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. § 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceedingora legal proceeding except where Don Spann AIA. Architect is party thereto. § 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. § 3.4 OPTIONAL ADDITIONAL SERVICES 1 § 3.4.1 Providing analyses of the City of Fayetteville's needs and programming the requirements of the'Project. § 3.4.2 Providing financial feasibility or other special studies. § 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. § 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. § 3.4.5 Providing services relative to future facilities, systems and equipment. § 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. § 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the City of Fayetteville. AIA Document 815174- 1997. Copyright ®1974,1978, 1987 and 1997 by The American Institute or Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA sorlware at 10:40:20 on 07712/2006 Under Order No.1000228753_1 which expires on 3/21/2007, and is not for resale. ' ' User Notes:(2608795819) 6 § 3.4.8 Providing coordination of construction performed by separate contractors or by the City of Fayetteville's own forces and coordination of services required in connection with construction performed and equipment supplied by the City of Fayetteville. § 3.4.9 Providing services in connection with the work ofa construction manager or separate consultants retained by the City of Fayetteville. § 3.4.10 Providing detailed estimates of Construction Cost. § 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. § 3.4.12 Providing analyses of owning and operating costs. § 3.4.13 Providing interior design and other similar serviceS required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. § 3.4.14 Providing services for planning tenant or rental spaces. § 3.4.15 Making investigations; inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. • § 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data fumished by the Contractor to Don Spann AIA, Architect. § 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. § 3.4.18 Providing services after issuance to the City of Fayetteville of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. § 3:4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. § 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 CITY OF FAYETTEVILLE'S RESPONSIBILITIES § 4.1 The City of Fayetteville shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the City of Fayetteville's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment; systems and site requirements. The City of Fayetteville shall furnish to Don Spann MA, Architect, within 15 days after receipt of a written request, information necessary and relevant for Don Spann AIA, Architect to evaluate, give notice of or enforce lien rights. § 4.2 The City of Fayetteville shall establish and periodically update an overall budget for the Project, including the Construction Cost, the City of Fayetteville's other costs and reasonable contingencies related to all of these costs. § 4.3 The City of Fayetteville shall designate a representative authorized to act on the City of Fayetteville's behalf with respect to the Project. The City of Fayetteville or such designated representative shall render decisions in a timely manner pertaining to documentssubmitted by Don Spann AIA, Architect in order to avoid unreasonable delay in the orderly and sequential progress of Don Spann AIA, Architect's services. § 4.4 The City of Fayetteville shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal descriptionof the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; AIA Document 6151 n' -1997. Copyright © 1974. 1978,1987 and 1997 by The American Insliwte of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproducton 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 10:4020 on 07/12/2006 under Order No.1000228753_1 which expires on 3/21/2007, and is not for resale:- " ' ' ' ' User Notes: (2608795819) 7 Intl. adjacent drainage; rights-of-way, restrictions, easements, encroachments, toning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.6 The City of Fayetteville shall furnish the services of consultants other than those designated in Section 4.5 when such services are requested by Don Spann AIA, Architect and are reasonably required by the scope of the Project. § 4.7 The City of Fayetteville shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. § 4.8 The City of Fayetteville shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the City of Fayetteville's needs and interests. Such services shall include auditing services the City of Fayetteville may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the City of Fayetteville. § 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the City of Fayetteville's expense, and Don Spann AIA, Architect shall be entitled to rely upon the accuracy and completeness thereof. § 4.10 The City of Fayetteville shall provide prompt written notice to Don Spann AIA, Architect if the City of Fayetteville becomes aware of any fault or defect in the Project, including any errors; omissions or inconsistencies in Don Spann AIA, Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION'COST § 5.1 DEFINITION § 5.1.1 The Construction Cost shall be the total cost or, to the extent -the Project is not completed, the estimated cost to the City of Fayetteville of all elements of the Project designed or specified by Don Spann AIA, Architect. § 5.1.2 The Construction Cost shall include the cost at current market rates of' labor and materials furnished by the City of Fayetteville and equipment designed, specified,.selected or specially provided for by Don Spann AIA, Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 5.1.3 Construction Cost does not include the compensation of Don Spann AIA, Architect and Don Spann AIA, Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the City of Fayetteville as provided in Article 4. § 5.2 RESPONSIBILITY FOR CONSTRUCTION COST § 5.2.1 Evaluations of the City of Fayetteville's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by Don Spann AIA, Architect, represent Don Spann AIA, Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Don Spann AIA, Architect nor the City of Fayetteville has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Don Spann AIA, Don Spann AIA, Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the City of Fayetteville's Project budget or from.any estimate of Construction Cost or evaluation prepared or agreed to by Don Spann AIA, Architect. § 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, Don Spann AIA, Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems AIA Document 8151 TM —1997. Copyright 0 1971,1978, 1987 and 1997 by The American institute of Architects. All rights reserved. WARNING: ibis AIAe Document Is protected by 13.5. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA Document, or any 8 portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at /0A020 on 07/12/2006 under Order-No.1000228753_1 which expires on 3212007. and is not for resale.. - User Notes: (2608795819) Init. 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 Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. § 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after Don Spann AIA, Architect submits the Construction Documents to the City of Fayetteville, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. § 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the City of Fayetteville shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 8.5; or. .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. § 5.2.5 If the City of Fayetteville chooses to proceed under Section 5.2.4.4, Don Spann AIA, Architect, without additional compensation, shall modify the documents for which Don Spann AIA, Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The . modification of such documents without cost to the City of Fayetteville shall be the limit of Don Spann AIA, Architect's responsibility under this Section 5.2.5. Don Spann AIA, Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF DON SPANN AIA, ARCHITECT'S INSTRUMENTS OF SERVICE § 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by Don Spann ATA, Architect and Don Spann AIA, Architect's consultants are Instruments of Service for use solely with respect to this Project. Don Spann AIA, Architect 'and Don Spann AIA, Architect's consultants shall be deemed the authors and City of Fayetteville's of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 6.2 Upon execution of this Agreement, Don Spann AIA, Architect grants to the City of Fayetteville a nonexclusive license to reproduce Don Spann AIA, Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the City of Fayetteville shall comply with all obligations, including prompt payment of all sums when due, under this. Agreement. Don Spann AIA, Architect shall obtain similar nonexclusive licenses from Don Spann AIA, 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 of Fayetteville shall refrain from making further reproductions of Instruments of Service and shall retum to Don Spann AIA, Architect within seven days of termination all originals and reproductions in the City of Fayetteville's possession or control. If and upon the date Don Spann AIA, 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 of Fayetteville 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. § 6.3 Except for the licenses granted in Section 6.2, no other license or right shall be -deemed granted or implied under this Agreement. The City of Fayetteville shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of Don Spann AIA, Architect. However, the City of Fayetteville shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the • Project is not to be construed as publication in derogation of the reserved rights of Don Spann AIA, Architect and Don Spann AIA, Architect's consultants. The•City.of Fayetteville shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the City of Fayetteville obtains the prior written agreement of Don Spann AIA, Architect and Don Spann AIA, Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the City of Fayetteville's sole risk and without liability to Don Spann AIA, 'Architect and Don Spann A!A, Architect's consultants. AIA Document 6151" —1997. Copyright 01974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of 11, may result In severe'clv8 and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:4020 on 07/12/2006 under Order No.1000228753 7 which expires on 321/2007, and is not for resale. User Notes: (2608795819) • 9 Inst. _ :n__.... • § 6.4 Prior to Don Spann AIA, Architect providing to the City of Fayetteville any Instruments of Service in electronic form or the City of Fayetteville providing to Don Spann AIA, Architect any electronic data for incorporation into the Instruments of Service, the City of Fayetteville and Don Spann AIA, 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. ARTICLE 7 DISPUTE RESOLUTION (Paragraphs deleted) § 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES Don Spann AIA, Architect and City of Fayetteville waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable; without limitation, to all consequential damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION • § 8.1 If the City of Fayetteville fails to make payments to Don Spann AIA, Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at Don Spann AIA, Architect's option, cause for suspension of performance of services under this Agreement. If Don Spann AIA, Architect elects to suspend services, prior to suspension of services, Don Spann AIA, Architect shall give seven days' written notice to the City of Fayetteville. In the event of a suspension of services, Don Spann AIA, Architect shall have no liability to the City of Fayetteville for delay or damage caused the City of Fayetteville because of such suspension of services. Before resuming services, Don Spann AIA, Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of Don Spann AIA, Architect's services. Don Spann AIA, Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 8.2 If the Project is suspended by the City of Fayetteville for more than 30 consecutive days, Don Spann AIA, Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, Don Spann AIA, Architect shall be compensated for expenses incurred in the interruption and resumption of Don Spann MA, Architect's services. Don Spann AIA, Architect's fees for the remaining services and the time schedules shall be equitably adjusted. §.8.3If the Project is suspended or Don Spann AIA, Architect's services are suspended for more than 90 consecutive days, Don Spann AIA, Architect may terminate this Agreement by giving not less than seven days' written notice. § 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the .other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 8.5 This Agreement may be terminated by the City of Fayetteville upon not less than seven days' written notice to Don Spann AIA, Architect for the City of Fayetteville's convenience and without cause: § 8.6 In the event of termination not the fault of Don Spann AIA, Architect, Don Spann AIA, Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 8.7. - - § 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which Don Spann AIA, Architect is not otherwise compensated, plus an amount for Don Spann AIA, Architect's anticipated profit on the value of the services not performed by Don Spann AIA, Architect. . ARTICLE 9 MISCELLANEOUS PROVISIONS § 9.1 This Agreement shall be governed by the law of the principal place of business of Don Spann AIA, Architect, unless otherwise provided in Article 12. AIA Document 6151"-1997. Copyright 01974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document . was produced by AIA software at 10:4020 on 07/122006 under Order No.1000228753_1 which expires -on 3/21/2007, and is not for resale.-- -- • - - User Notes: (2608795819) 10 § 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of (imitations commence to run any later than the date when Don Spann AIA, Architect's services are substantially completed. § 9.4 To the extent damages are covered by property insurance during construction, the City of Fayetteville and Don Spann AIA, 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 of Fayetteville or Don Spann AIA, 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. • § 9.5 The City of Fayetteville and Don Spann AIA, 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 of Fayetteville nor Don Spann MA, -'Architect shall assign this Agreement without the written consent of the other, except that the City of Fayetteville may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the City of Fayetteville's rights and obligations under this Agreement. Don Spann AIA, Architect shall execute all consents reasonably required to facilitate such assignment. § 9.6 This Agreement represents the entire and integrated agreement between the City of Fayetteville and Don Spann AIA, 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 of Fayetteville and Don Spann AIA, Architect. § 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the City of Fayetteville or Don Spann AIA, Architect. § 9.8 Unless otherwise provided in this Agreement, Don Spann AIA, Architect and Don Spann AIA, Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 9.9 Don Spann AIA, Architect shall have the right to include photographic or artistic representations of the design of the Project among Don Spann AIA, Architect's promotional and professional materials. Don Spann AIA, Architect shall be given reasonable access to the completed Project to make such representations. However, Don Spann AIA, Architect's materials shall not include the City of Fayetteville's confidential or proprietary information if the City of Fayetteville has previously advised Don Spann AIA, Architect in writing of the specific information considered by the City of Fayetteville to be confidential or proprietary. The City of Fayetteville shall provide professional credit for Don Spann AIA, Architect in the City of Fayetteville's promotional materials for the Project. § 9.10 If the City of Fayetteville requests Don Spann AIA, Architect to execute certificates, the proposed language of such certificates shall be submitted to Don Spann AIA, Architect for review at least 14 days prior to the requested dates of execution. Don Spann AIA, Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO DON SPANN AIA, ARCHITECT § 10.1 DIRECTPERSONNELEXPENSE Direct Personnel Expense is defined as the direct salaries of Don Spann AIA, Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. AIA Document 13151TM —1997. Copyright ®.1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.. WARNING: This we Document is protected by U.S. Copyright Law and International Treaties Unauthorized reproduction or distribution of this AJAR Document, or any '11 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 10:4020 on 07/122006 under Order No.1000228753_1 which expires on 3/21/2007. and is not for resale. • • User Notes: (2608795819) § 10.2 REIMBURSABLE EXPENSES . § 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by Don Spann AIA, Architect and Don Spann AIA, Architect's employees and consultants directly related to the Project, as identiftedin the following Clauses: ..1 • transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the City of Fayetteville; .5 renderings, models and mock-ups requested by the City of Fayetteville; • .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the City of Fayetteville in excess of that normally carried by Don Spann AIA, Architect and Don Spann AIA, Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project -related expenditures. § 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES § 10.3.1 An initial payment as set forth in Section 11.1 is the minimum payment under this Agreement. § 10.32 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 11.2.2. § 10.3.3 If and to the extent that the time initially established in Section 11.5.1 of this Agreement is exceeded or extended through no fault of Don Spann AIA, Architect, compensation for any services rendered during the additional period of time shall be computedin the manner set forth in Section 11.3.2. . § 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent Services are performed on those portions, in accordance with the schedule set forth in Section 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. § 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of Don Spann AIA, Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of Don Spann AIA, Architect's statement of services rendered or expenses incurred. • § 10.5 PAYMENTS WITHHELD No deductions shall be made from Don Spann AIA, 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 Don Spann AIA, Architect has been adjudged to be liable. § 10.6 DON SPANNAIA, ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the City of' Fayetteville or the City of Fayetteville's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The City of Fayetteville shall compensate Don Spann AIA, Architect as follows: § 11.2 BASIC COMPENSATION § 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as pan of Basic Services, Basic Compensation shall be computed as follows: Inst AIA Document 111511N— 1997. Copyright ®1974,1978, 1987 and 1997 by The American institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of This Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document ! was produced by AM software at 10:40:20 on 07/12/2006 under Order No.10.30228753_1 which,expires:on 3/212007, and Is not for. resale. . User Notes: - (2608795B19) 12 (Insert basis of compensation, including stipulated sums. multiples or percentages, and idents phases to which particular methods of compensation apply, if necessary.) Eight per cern (8%) of the Cost of Construction (not to exceed 8% of $2,000,000) § 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: Design' Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: fifteen Twenty forty five twenty percent ( percent ( percent percent ( percent ( 15 %) 20 %) 40 cyo) 5 %). 20 %) Total Basic Compensation one hundred percent ( 100.00 -%) § 11.3 COMPENSATION FOR ADDITIONAL SERVICES § 11.3.1 For Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be computed as follows: Hourly costs based on attached rate schedule titled EXHIBIT "A" § 11.3.2 For Additional Services of Don Spann AIA, Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Section 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required Identify specific services to which particular methods of compensation apply, if necessary.) Hourly costs based on attached rate schedule titled EXHIBIT "A" § 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one point zero two ( 1:20 ) times the amounts billed to Don Spann AIA, Architect for such services. (Identify specific types of consultants in Article 12, if required.) - - § 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Section 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one point zero one ` ( 1.10 ) times the expenses incurred by Don Spann AIA, Architect, Don -Spann AIA, Architect's employees and consultants directlyrelated to the Project. § 11.5 ADDITIONAL PROVISIONS § 11.5.1 If the Basic Services covered by this Agreement have not been completed within eighteen ( 18 ) months of the date hereof, through no fault of Don Spann AIA, Architect, extension of Don Spann AIA, Architect's services beyond that time shall be compensated as provided in Sections 10.3.3 and 11.3.2. • (Paragraphs deleted) § 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of Don Spann AIA, Architect, subject to approval of the Fayetteville City Council. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) AIA Document B15Pa-1997. Copyright ®1974,1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Init. Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of 11, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document l was produced by AIA software at 10:40:28 on 07/12/2006 under Order No.1000228753_7 wtiich expires on 3/212007,and is not for resale....._. User Notes: (2608795819) 13 • § 12.1 CHANGES IN SCOPE OR PRICE "Changes, modifications, or amendments in scope, price or fees to this agreement shall not be allowed without a prior formal agreement amendment approved by the Mayor and the City Council in advance of the change in scope cost or fees. § 12.2 FREEDOM OF INFORMATION ACT Contracts and documents produced under this agreement are subject to the requirements prescribed in the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Don Spann AIA Architect will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. § 25-19-101 et. Seq.).Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Costs of reproducibles resulting from any authorized request Shall be a reimbursable cost subject to the conditions of Article § 11.4 of this agreement § 12.3 JURISDICTION Legal jurisdiction to resolve any disputes shall be the State of Arkansas with Arkansas Law applying to the case § 12.4 CONSULTANTS At the request of the City of Fayetteville the services of specific consultants are hereby added to Don Spann AIA, Architect's basic services. These services shall be based upon an approved proposal by the City of Fayetteville with the conditions of Article 11.33 applying to these costs. Specific Consultant distiplines will include the following: Civil Engineering Landscape Architecture Geotechnical Engineer This Agreement entered into as of the day and year first written above CITY OF F TTEVILLE (Si; nature) Dan Cood , Ma (Printed name and title) or Amisik (Signature) Sondra Stith, City Clerk SdNAa Swr it - (Printed name and tide) DON SPANN AIA, ARCHITECT (Signature) r% Don Spann, President (PriptriIAvrsPtgnd title) `$$.�G�ERK/TR''seee -a,• cfiY 0,C6.1(.5)% n E. :FAYETTEVILLE: E '•ys �''kANSPy'��3 ��4'y„ PGTONisrli Ira tcf,c;" irk Document Document B151TM -1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties Unauthorized reproduction or distributionof this AJC Document, or any portion of it, may result in severe chill and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document / was produced by AIA software at 10:4020 on 07/12/2006 under Order-No.1000228753.1 which expires on 3/212007, and is not for resale. User Notes: - - (2608795819) 14 • MIL / AIA Document 8151' —1997. Copyright ®1971 1978 1987 and 1997 by The American Institute of Architects. A0 rights reserves WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:4020 on 07/72/2006 under Order-No.1000228753_I. which expires on 321/2007, andisnot lorsesale.:.:.._ . USM Notes: (2608795819) 15 Hourly Rates: Principal= Staff Architect — Techn'clan Clerical-- EXHIBIT "A" Don Spann AIA, Architect HOURLY. RATES & REIMBURSABLE EXPENSES • -$110.00 / hour -- $80.00 / hour $55.00 / hour $30.00/hour MIL' AIA Document 8151"— 1997. Copyright 01974. 1978,.1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlAs Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any .16 - 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 10:4020 on 07/120006 under Order No.1000228753_1 which exp6es on 3121/2007. and is not for resale:. User Notes: - (2608795819) Additions and Deletions Report for AIA Document B 15Th -1997 Tt1is Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has • added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. deleted text is Indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report Is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated • simultaneously by AIA software at 10:40:20 on 07/1212006. PAGE1 AGREEMENT made as of the First day of August in the year Two Thousand Six BETWEEN the -Don Spann AIA, Architect's client identified as the OwneeCity of Fayetteville: City of Fayetteville Arkansas. Municipality 113 West Mountain St. Fayetteville, AR 72701 Telephone Number: 479.575.8330 and the -Don. Spann AIA. Architect: Don Spann AIA, Architect, Subchapter S Corporation 1108 West Poplar The project is based on remodeling and renovating the old Tyson — "Mexican Original" plant built at the southeast corner of the intersection of South Ray Avenue and Huntsville Road in Fayetteville. Arkansas. Adaptive re -use of the existing space will include: 1. 6.500 square foot Fire Station with 2 apparatus bays. living quarters, kitchen, bunk area. storage - maintenance area and office. 2.. 1600 square foot Offices of the Fire Marshal 3. 3,090 square feet for Fire Education and Training including office space for three people. storage reception, conference room, interrogation room and garage space that ties in with the Fire Station apparatus bay. - Total aggregate square footage for the facility including. accessory use space, circulation, walls and unusable area is approximately 12,000 square feet. The Owner City of Fayetteville and Don Spann ATA. Architect agree as follows. PAGE2 ARTICLE 1 DON SPANN AIA, ARCHITECT'S RESPONSIBILITIES § 1.1 The services performed by the -Don Spann AIA, Architect, Architect's employees and Don Spann AIA Architect's consultants shall be as enumerated in Articles 2, 3 and 12. • § 1,2 The -Don Spann AIA, Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress.of the Project. The -Don Spann AIA, Architect shall submit for the Owner's - City of Fayetteville's approval a schedule for the performance of the -Don Spann AIA, Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's -City of Fayetteville's review and for approval of submissions by authorities having jurisdiction over the Additions and Deletions Report for AIA Document 13151m —1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute of Architects. All - rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unaidhorized reproduction or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.- This document was produced by AIA software in 10:40:20 on 07/12/2006 under Order No.1000228753 1 which expires on-- - 3/212007, and is not for resale. User Notes: - - (2608795819) • 1 • Project. Time limits established by this schedule approved by the OwnerCity of Fayetteville shall not, except for reasonable cause, be exceeded by the -Don Spann AIA, Architect or Owner.City of Fayetteville. §1.3 The -Don Spann AIA, Architect shall designate a representative authorized to act on behalf of the -Don Spann AIA, Architect with respect to the Project. ARTICLE 2 SCOPE OF DON SPANN AIA, ARCHITECT'S BASIC SERVICES The -Don Spann AIA Architect's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services identified in Article 12 as pan of Basic Services, and include normal structural, mechanical and electrical engineering services. • § 2.2.1'T a Don Spann AIA, Architect shall review the program furnished by the Owner City of Fayetteville to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the . Owner.City of Fayetteville. . § 2.2.2 The -Don Spann AIA Architect shall provide a preliminary evaluation of the Owner's -City of Fayetteville's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Section 5.2.1. , § 2.2.3 The Don Spann AIA, Architect shall review with the Owner -City of Fayetteville alternative approaches to design and construction of the Project. § 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the -Don Spann AIA. Architect shall prepare, for approval by the Ownen-City of Fayetteville, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. § 2.2.5 The -Don Spann AIA. Architect shall submit to the Owner -City of Fayetteville a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. § 2:3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner -City of Fayetteville in the program, schedule or construction budget, the -Don Spann AIA, Architect shall prepare, for •approval by the Owner, City of Fayetteville. Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. § 2.3.2 The -Don Spann AIA, Architect shall advise the OwneeCity of Fayetteville of any adjustments to the preliminary estimate of Construction Cost. 'PAGE3 §2.4.1 Based on the approved Design Development Documents and any. further adjustments in the scope or quality of the Project or in the construction budget authorized by the-Owner,the-City of Fayetteville. Don Spann AIA Architect shall prepare, for approval by the Owner;City of Fayetteville. Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. § 2.4.2 The -Don Spann AIA Architect shall assist the owner—City of Fayetteville in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner City of Fayetteville and Contractor. • §.2.4.3 The -Don Spann AIA, Architect shall advise the Owner -City of Fayetteville of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. Additions and Deletions Report for AIA Document 8151 ry-1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIA Document, or any portion of it may result in severe civil and criminal penahies, and will be prosecuted to the. maximum extent possible under the law. This document was produced by AIA software at 10:40:20. on 07/12/2008 under Order No.1000228753_1 which expires on-..: -. 3/21/2007, and Is not for resale. User Notes: (2608795819) §2.4.4 The -Don Spann AIA, Architect shall assist the Owner City of Fayetteville in connection with the Owner's City of Favetteville's responsibility for filing documents required for the approval of govemmental authorities haying jurisdiction over the Project. • The -Don Spann AIA. Architect, following the Owner's -City of Favetteville's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner City of Fayetteville in obtaining bids or negotiated proposals and assist, in awarding and preparing contracts for construction. § 2.6.1 Don Spann MA, Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owetr-City of Fayetteville of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. § 2.6.2 Taro -Don Spann AIA. Architect shall provide administration of the Contract for Construction 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, unless otherwise provided in this Agreement. Modifications made to the General Conditions:when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the -Don Spann AIA, Architect. § 2.6.3 Duties, responsibilities and limitations of authority of the -Don Spann ATA, Architect under this Section 2.6 shall not be restricted, modified or extended without written agreement of the Owner -City of Fayetteville and Don Spann AIA Architect with consent of the Contractor, which consent will not be unreasonably withheld. § 2.6.4 Re -Don Spann AIA, Architect shall be a representative of and shall advise and consult with the Owner -City of Fayetteville during the administration of the Contract for Construction. The -Don Spann AIA, Architect shall have authority to act on behalf of the Owner -City of Fayetteville only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.5 The -Don Spann AIA, Architect, as a representative of the OwnerrCity of Fayetteville. shall visit the site at intervals appropriateto the stage of the Contractor's operations, or as otherwise agreed by the.Ownor City of Fayetteville and the=Don Spann AIA. Architect in Article 12, (1) to become generally familiar with and to keep the Owner City of Fayetteville informed about the progress and quality of the portion of, the Work completed, (2) to endeavor to guard the Owner -City of Fayetteville 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 -Don Spann AIA, Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The -Don Spann AIA, Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programa in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.6 The Don Spann MA. Architect shall report to the Owner City of Fayetteville known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the -Don Spann AIA Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Don Spann AIA; Architect shall be responsible for the -Don Spann AIA, Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. PAGE § 2.6.7 Tee -Don Spann AIA. Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner City of Fayetteville shall endeavor to communicate with the Contractor through the -Don Spann AIA Architect about matters arising out of or relating to the Contract Documents. Communications by and with the -Don Spann AIA, Architect's consultants shall be through the -Don Spann AIA, Architect. Additions and Deletions Report for AIA Document B1s04-1997. Copyright ®1974, 1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe.Documenl is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any portion 0111 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Ian. • This document was produced by AIA software at 10:4020 on 07/12/2006 under Order No.1000228753.1 wNdt expires on 312112007, and Is not for resale. User Notes: . (2608795819) • § 2.6S.1 The -Don Spann AIA, Architect shall review and certify the amounts due the Contractor and shall issue certificates insuch amounts. § 2.6.9.2 The -Don Spann AIA, Architect's certification for payment shall constitute a representation to the Owner City of Fayetteville based on the -Don Spann AIA, Architect's evaluation of the Work as provided in Section 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the -Don Spann AIA, Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the -Don Spann AIA, Architect. § 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the -Don Spann AIA Architect has (I) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed . construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner -City of Fayetteville 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. - 11 § 2.6.10 The -Don Spann AIA, Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the -Don Spann AIA. Architect considers it necessary or advisable, the -Don Spann AIA, Architect shall 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 -Don Spann AIA, Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the -Don Spann AIA, Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.11 The -Don Spann ATA, 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 Don Spann AIA. Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner,—City of Fayetteville, Contractor or separate contractors; while allowing sufficient time in the -Don Spann AIA 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 -Don Spann AIA Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the -Don Spann ATA. Architect, of any -construction means, methods, techniques, sequences or procedures. The -Don Spann AIA, Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.6.12 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 -Don Spann AIA Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear . stich professional's written approval when submitted to the -Don Spann AIA. Architect. The -Don Spann AIA Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. PAGE5 .§ 2.6.13 The -Don Spann AIA, Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the -Don Spann AIA. Architect as provided in Sections • 3.1.1 and 3.3.3, for the Owner's -City of Fayetteville's approval and execution in accordance with the Contract Additions and Deletions Report for AIA Document B15119 —1997. Copyright 01974;1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA^ Document Is protected by.U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10`4020 on 071121006 under Order No:1000228753_1 Which expires on -_ 3212007, and Is not for resale. User Notes: (2608795819) Documents, and may authorize minor changes in the. Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. § 2.6.14 The -Don Spann AIA, Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner City of Fayetteville, for the Ownerts-City of Fayetteville's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. .§ 2.6.15 The -Don Spann AIA, Architect shall interpret and decide matters concerning performance of the Owner -City of Fayetteville and Contractor under, and requirements of, the Contract Documents on written request of either the Owner -City of Fayetteville or Contractor. The -Don Spann AIA. Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 2.6.16 Interpretations and decisions of the -Don Spann AIA, 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 -Don Spann AIA, Architect shall endeavor to secure faithful performance by both Owner City of Fayetteville and Contractor, shall not show partiality to either, and shall not be liable for results of interpretatidns or decisions so rendered in good faith. § 2.6.17 Don Spann AIA Architect shall render initial decisions on claims, disputes or other matters in question between the Owncr Cit -v of Fayetteville and Contractor as provided in the Contract Documents. However the -Don Spann AIA, Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed hi the Contract Documents. • § 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner City of Fayetteville as provided in this -•Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Ownerr City of Fayetteville. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond.the-Don Spann AIA, Architect's control, the -Don Spann AIA, Architect shall notify the Owner -City of Fayetteville prior to commencing such services. If the Owner -City of Fayetteville deems that such services described under Section 33 are not required, the Owner -City of Fayetteville shall give prompt written notice to the -Don Spann AIA, Architect. If the Owner -City of Fayetteville indicates in writing that all or part of such Contingent Additional Services are not required the -Don Spann AIA, Architect shall have no obligation to provide those services. - § 3.2.1 If more extensive representation at the site than is described in Section 2.6.5 is required, the -Don Spann AIA Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. § 3.2.2 Project Representatives shall be selected, employed and directed by the -Don Spann AIA. Architect, and the Don Spann AIA Architect shall be compensated therefor as agreed by the Owner City of Fayetteville and Don Spann AIA. Architect. The duties responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. • PAGE6. § 3.2.3 Through the presence at the site of such Project Representatives, the -Don Spann AIA, Architect shall endeavor to provide further protection for the Owner -City of Fayetteville against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the -Don Spann AIA, Architect as described elsewhere in this Agreement. Additions and Deletions Report for AIA Document B151`a —1997. Copyright ®1974;1978, 1987 and 1997 by The American Institute et Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or • distribution of this AIA® Document, or any portion 01 it, may result in severe, civil and criminal penalties, and wnl be prosecuted to the maximum w extent possible under the law. This document was produced by AIA softwa.at 10:4020 on 07/12/20% under Order No.1000228753_1 which -expires on--- • 3212007, end is not for resale. . User Notes: - (2608795819) • . 1 inconsistent with approvals or instructions previously given by the Owner, City of Fayetteville including revisions made necessary by adjustments in the Owners -City of Fayetteville's program or Project budget; . 3 due to changes required as a result of the OwneFsCity of Favetteville's failure to render decisions in a timely manner. • § 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owners -City of Fayetteville's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.2.5. .§ 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner -City of Fayetteville or Contractor under the Contract for Construction. §3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the -Don Spann AIA, Architect is party thereto. § 3.4.1 Providing analyses of the Owner's -City of Fayetteville's needs and progrmming the requirements of the Project. § 3.4.7 Providing services to verify the accuracy of drawings or other information fumished by the Owner:City of Fayetteville. PAGE7 § 3.4.8 Providing coordination of construction performed by separate contractors or by the Oweer''5 City of Favetteville's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner,City of Fayetteville. § 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the OxnehCity of Fayetteville. § 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the -Don Spann AIA Architect. § 3.4.18 Providing services after issuance to the Owner -City of Fayetteville of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. ARTICLE 4 CITY OF FAYETTEVILLE'S RESPONSIBILITIES § 4.1 The Owner -City of Fayetteville shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner -is -City of Favetteville's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner -City of Fayetteville shall furnish to the Don Spann AIA, Architect, within 15 days after receipt of a written request, information necessary and relevant for the -Don Spann AIA, Architect to evaluate, give notice of or enforce lien rights. § 4.2 The Owner -City of Fayetteville shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owners -City of Fayetteville's other costs and reasonable contingencies related to all of these costs. § 4.3 The Owner -City of Fayetteville shall designate a representative authorized to act on the Owners -City of Fayetteville's behalf with respect to the Project. The Owner -City of Fayetteville or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the -Don Spann ATA. Architect in order to avoid unreasonable delay in the orderly and sequential progress of the -Don Spann AIA, Architect's services. Additions and Deletions Report for AIA Document 8151*4 —1997. Copyright ®1974, 1978, 1987 and 1997 by The American IrxstiNte of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent posslbie under the law. This document wasproduced by AMA software at 10:40:20 on 07/122006 under order No.1000228753 f which expires on - 3212007. and is not for resale. User Notes: (2608795819) ..,.-.,r.=rv- ase.-W�-•. .._.,.. § 4.4 The Owner -City of Fayetteville shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments; zoning, deed restrictions, boundaries and contours of the site; locations,' dimensions and necessary data with respect to existing buildings, other improvements and -trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.6 The Owner -City of Fayetteville shall furnish the services of consultants other than those designated in Section 43 when such services are requested by the -Don Spann AIA, Architect and are reasonably required by the scope of the Project. • § 4.7 The Owner -City of Fayetteville shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. § 4.8 The Owner -City of Fayetteville shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner -Ls -City of Fayetteville's needs and interests- Such services shall include auditing services the Owner City of Fayetteville may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner:City of Fayetteville. § 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the Oo..ner-TCity of Fayetteville's expense, and the -Don Spann AIA, Architect shall be entitled to rely upon the accuracy and completeness thereof. § 4.10 The Owner -City of Fayetteville shall provide prompt written notice to the -Don Spann AIA, Architect if the Owner City of Fayetteville becomes aware of any fault of defect in the Project, including any errors, omissions or inconsistencies in the -Don Spann AIA. Architect's Instruments of Service. § 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner -City of Fayetteville of all elements of the Project designed or specified by the -Don Spann MA Architect. • § 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner -City of Fayetteville and equipment designed, specified, selected or specially provided for by the -Don Spann AMA Architect, including>the costs of management or supervision of construction or installation provided by a • separate construction manager or convector, 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. § 5.1.3 Construction Cost does not include the compensation of the -Don Spann AIA, Architect and the -Don Spann AIA. Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner -City of Fayetteville as provided in Article 4. § 5.2.1 Evaluations of the Owner -Ls -City of Fayetteville's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the -Don Spann AIA, Architect, represent the Don Spann AIA, Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the -Don Spann AIA, Architect nor the Owner -City of Fayetteville has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over Additions and Deletions Report for AIA Document B151111-1997. Copyright 01974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved, WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or ' 7 distribution or this MC Document, or any portion of it, may result In severe Civil and criminal penalties, and willbe prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:40:20 on 07/12/2006 under Order No.1000228753 1 which expires or ' 3212007. and Is not for resale. User Notes: (2608795819) competitive bidding, market or negotiating conditions. Accordingly, the -Don Spann AIA, Don Spann AIA, Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's -City of Favetteville's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Don Spann AIA, Architect. § 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established the -Don Spann AIA, 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 - Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. PAGE9 § 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the -Don Spann AIA, Architect submits the Construction Documents to the Owner, -City of Fayetteville, any Project budget or fixed limit of Construction Cost shall beadjusted to reflect changes in the general level of prices in the construction industry. . § 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner -City of Fayetteville shall: § 5.2.5 If the Owner -City of Fayetteville chooses to proceed under Section 5.2.4.4, the -Don Spann AIA, Architect, without additional compensation, shall modify the documents for which the -Don Spann AIA. Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner -City of Fayetteville• shall be the limit of the -Don Spann AIA. Architect's responsibility under this Section 5.2.5. Thee Don Spann AIA; Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether ornot the Construction Phase is commenced. RTICLE 6 USE OF DON SPANN AIA, ARCHITECT'S INSTRUMENTS OF SERVICE § 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the -Don Spann AIA. Architect and the -Don Spann AIA, Architect's consultants are Instruments of Service for use solely with respect to this Project. ThezDon Spann AIA, Architect and the -Don Spann AIA, Architect's consultants shall be deemed the authors and ewners-City of Fayetteville's of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. . § 6.2 Upon execution of this Agreement, the -Don Spann AIA, Architect grants to the Owner -City of Fayetteville a nonexclusive license to reproduce the -Don Spann AIA, Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner City of Fayetteville shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The -Don Spann AIA, Architect shall obtain similar nonexclusive licenses from the -Don Spann AIA, 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 Owner -City of Fayetteville shall refrain from making further reproductions of Instruments of Service and shall return to the -Don Spann AIA, Architect within seven days of termination all originals and reproductions in the Owner's -City of Fayetteville's possession or control. If and upon the date the -Don Spann AIA Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner City of Fayetteville 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. § 6.3 Except for the licenses granted in Section 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner -City of Fayetteville shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the -Don Spann AIA Architect. However, the Owner City of Fayetteville shall be permitted to authorize the Contractor, Subcontractors, . Additions and Deletions Report for AIA Document 8151111— 1997. Copyright 01974, 1978, 1987 and 1997 by The Amerkan Insutule of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AW software at 10:4020 on 07/12/2006 under Order No.1000228753,1 t which expires on - -. - 321/2007, and is not for resale. User Notes: - (2608795819) •