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3639 RESOLUTION NO. 3,639 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH EDWARD F. BRUEGGEMAN FOR ARCHITECTURAL SERVICE IN DESIGNING AND SUPERVISION OF CONSTRUC- TION OF FIRE STATION; AND FOR OTHER PURPOSES. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. Edward F. Brueggeman, Architect, is hereby employed to prepare drawings and necessary related documents for the construction and establishment of a Fire Station on Highway 10, on property used by the Little Rock Water Works Commission, under the direct supervision and control of the City Manager. SECTION 2. Contract to be executed by Mayor and City Clerk for the aforesaid service shall be in form and substance as follows: 4p THE AMERICAN INSTITUTE OF ARCHITECTS „ ,; AIA DOCUMENT SEPT. 1963 ED. B131 W THE STANDARD FORM OF AGREEMENT F a BETWEEN OWNER AND ARCHITECT ON A BASIS OF A CU ° PERCENTAGE OF CONSTRUCTION COST THIS AGREEMENT made this 23 day of September in the year Nineteen Hundred and Sixty-Six B Y AND BETWEEN The City of Little Rock Little Rock, Arkansas hereinafter called the Owner, and Edward F. lirueggeman hereinafter called the Architect WITNESSETH , that whereas the Owner intends to erect a new Fire Station on Cantrell Road hereinafter called the Project, N OW , THEREFORE , the Owner and the Architect, for the considerations hereinafter set forth agree as follows: ARTICLE 1. THE ARCHITECT AGREES TO PROVIDE PROFESSIONAL SERVICES FOR THE PROJECT AS HEREINAFTER SET FORTH. ARTICLE 2. THE OWNER AGREES TO PAY THE ARCHITECT AS COMPENSATION FOR HIS SERVICES: 2.1 For his basic services ( 6 !'G ) of the project construction cost, hereinafter referred to as the Basic Rate, the work to he let under a single lump sum contract. * 2.2 For work let on a cost-plus-fee basis, increase the Basic rate to per cent ( %). * 2.3 For work let under separate contracts, increase the Basic Rate to per cent ( %). s * 2.4 For Additional Services defined in Article 4 hereinafter, ( ) times the Direct Personnel Expense as defined in Article 7.1 hereinafter. In computing Direct Personnel Expense principal's time shall he computed at $ per hour, and employees' time shall be at their regular rate of pay plus normal benefits. a 2.5 Reimbursable expense as defined in Article 7.2 hereinafter to the amount expended. * Not applicable • a OWNER-ARCHITECT AGREEMENT AIA DOC B-I31 SEPT. 1963 ED. FOUR PAGES ©1963 The American Institute of Architects PAGE I 1735 New York Ave NW.,Washington,D.C. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 3. ARCHITECT'S BASIC SERVICES By issuing a Certificate for Payment, the Architect will also represent to the Owner that, to the best of his knowledge, 3.1 Schematic Design Phase. information and belief based on what his observations have revealed, the quality of the work is in accordance with the 3.1.1 The Architect shall consult with the Owner to aster- Contract Documents. He will conduct inspections to deter- tain the requirements of the Project and shall confirm such mine the dates of substantial and final completion and issue requirements to the Owner. a final Certificate for Payment. 3.1.2 He shall prepare schematic design studies leading to 3.4.4 If more extensive representation at the site is re- a recommended solution together with a general description quired, the conditions under which such representation shall of the Project for approval by the Owner. be furnished and a Project Representative selected, em- 3.1.3 He shall submit to the Owner a Statement of Prob- ployed and directed, shall be agreed to by the Owner and able Project Construction Cost based on current area, vol- the Architect and set forth in an exhibit to this Agreement. ume or other unit costs. 3.2 Design Development Phase. ARTICLE 4. ARCHITECT'S ADDITIONAL SERVICES 3.2.1 The Architect shall prepare from the approved Sche- matic The following services cause the Architect extra expense. Design plans, the Design Developments, and out- If any of these services are authorized by the Owner they consisting of plans, elevations and other drawings, and out- y line specifications, to fix and illustrate the size and character shall be paid for by the Owner as a Multiple of Direct Per- of the entire Project in its essentials as to kinds of mate- sonnel Expense: rials, type of structure, mechanical and electrical systems 4.1 Making planning surveys and special analyses of the and such other work as may be required. Owner's needs to clarify requirements of the Project. 3.2.2 He shall submit to the Owner a further Statement 4.2 Making measured drawings of existing construction of Probable Project Construction cost. when required for planning additions or alterations thereto. 3.3 Construction Documents Phase. 4.3 Revising previously approved drawings or specifica- 3.3.1 The Architect shall prepare from the approved De- tions to accomplish changes. sign Development Documents, Working Drawings and Spec- 4.4 Providing Semi-Detailed or Detailed Cost Estimates. ifications setting forth in detail the work required for the 4.5 Preparing documents for Alternate Bids and Change architectural, structural, mechanical, electrical, service-con- Orders, or for supplemental work initiated after commence fleeted equipment, and site work, and the necessary bidding men[ of the construction phase. information, General Conditions of the Contract, and Sup- plementary General Conditions of the Contract, and shall 4.6 Consultation concerning replacement of any work assist in the drafting of Proposal and Contract Forms. damaged by fire or other cause during construction and 3.3.2 Ile shall keep the Owner informed of any adjust- furnishing professional services of the types set forth in ments to previous Statements of Probable Project Construc- Article 3 above as may be required in connection with the tion Cost indicated by changes in scope, requirements or replacement of such work. market conditions. 4.7 Arranging for the work to proceed should the con- 3.3.3 He shall be responsible for filing the required docu- tractor default due to delinquency or insolvency. ments to secure approval of governmental authorities having 4.8 Providing prolonged contract administration and ob- jurisdiction over the design of the Project. servation of construction should the construction contract 3.4 Construction Phase—General Administration of time be exceeded by more than 25% due to no fault of the Architect. Construction Contracts. 3.4.1 The Architect shall assist the Owner in obtaining 4.9 Preparing as-built drawings showing construction proposals from Contractors and in awarding and preparing changes in the work and final locations of mechanical serv- construction contracts. ice lines and outlets on the basis of data furnished by the 3.4.2 To the extent provided by the contract between the Contractor. Owner and the Contractor, he shall make decisions on all 4.10 Making an inspection of the Project prior to expira- claims of the Owner and Contractor and on all other matters tion of the guarantee period and reporting observed discrep- relating to the execution and progress of the work or the ancies under guarantees provided by the construction con- interpretation of the Contract Documents. He shall check tracts. and approve samples, schedules, shop drawings and other submissions only for conformance with the design concept ARTICLE 5. THE OWNER'S RESPONSIBILITIES of the Project and for compliance with the information given by the Contract Documents, prepare change orders 5.1 The Owner shall provide full information as to his and assemble written guarantees required of the Contractors. requirements for the Project. 3.4.3 He will make periodic visits to the site to familiarize 5.2 He shall designate, when necessary, representatives au- himself generally with the progress and quality of the work thorized to act in his behalf. He shall examine documents and to determine in general if the work is proceeding in submitted by the Architect and render decisions pertaining accordance with the Contract Documents. He will not be thereto promptly, to avoid unreasonable delay in the the required to make exhaustive or continuous on-site inspec- ' k. He observe the pro- tions to check the quality or quantity of the work and he progress of the Architect's wor e shall p cedure will not be responsible for the Contractors' failure to carry Architect. of issuing orders to contractors only through the A out the construction work in accordance with the Contract Archit Documents. During such visits and on the basis of his ob- 5.3 He shall furnish or direct the Architect to obtain at servations while at the site, he will keep the Owner in- the Owner's expense, a certified survey of the site, giving, formed of the progress of the work, will endeavor to guard as required, grades and lines of streets, alleys, pavements, the Owner against defects and deficiencies in the work of and adjoining property; rights of way, restrictions, ease- Contractors, and he may condemn work as failing to con- ments, encroachments, zoning, deed restrictions, boundaries, form to the Contract Documents. Based on such observa- and contours of the building site; locations, dimensions, and tions and the Contractors' Applications for Payment, he will complete data pertaining to existing buildings,other improve- determine the amount owing to the Contractor and will issue ments and trees; full information as to available service and Certificates for Payment in such amounts. These Certificates utility lines both public and private; and test borings and will constitute a representation to the Owner, based on such Pits necessary for determining subsoil conditions. observations and the data comprising the Application for 5.4 He shall pay for structural, chemical, mechanical, soil Payment,that the work has progressed to the point indicated. mechanics or other tests and reports if required. OWNER-ARCHITECT AGREEMENT FOUR PAGES 4 AIA DOC. B-131 SEPT. 1963 ED. PAGE 2 t. 0 ‘s 5.5 He shall arrange and pay for such legal, auditing, and *8.1.1 A minimum primary payment of 5 per cent of the insurance counselling services as may be required for the compensation for basic services, payable upon the execution Project. of the Agreement, is the minimum payment under the 5.6 If the Owner observes or otherwise becomes aware of Agreement. any defect in the Project, he shall give prompt written notice 8.1.2 Subsequent payments shall be made monthly in pro- thereof to the Architect. portion to services performed to increase the compensation for basic services to the following percentages at the com- pletion of each phase of the work: ARTICLE 6. PROJECT CONSTRUCTION COST * Schematic Design Phase 15% Design Development Phase 35% 6.1 Project Construction Cost as herein referred to means Construction Documents Phase 75% the total cost of all work designed or specified by the Receipt of Bids 80% Architect, but does not include any payments made to the Construction Phase 100% Architect or consultants. 8.2 Payments for Additional Services of the Architect as 6.2 Project Construction Cost shall be based upon one of defined in Article 4 above, and for Reimbursable Expense the following sources with precedence in the order listed: as defined in Article 7.2, shall be made monthly upon pres- 6.2.1 Lowest acceptable bona fide Contractor's proposal entation of Architect's detailed invoice. received for any or all portions of the Project. 8.3 No deduction shall be made from the Architect's corn- 6.2.2 Semi-Detailed or Detailed Estimate of Project Con- pensation on account of penalty, liquidated damages, or struction Cost as defined in paragraph 6.4 below. other sums withheld from payments to contractors. 6.2.3 The Architect's latest Statement of Probable Project 8.4 If any work designed or specified by the Architect Construction Cost based on current area, volume or other during any phase of service is abandoned or suspended in unit costs. whole or in part, the Architect is to be paid for the service 6.3 When labor or material is furnished by the Owner, performed on account of it prior to receipt of written notice the Project Construction Cost shall include such labor and from the Owner of such abandonment or suspension, togeth• material at current market cost. er with reimbursements then due and any terminal expense resulting from abandonment or suspension for more than 6.4 If a fixed limit of Project Construction Cost is stated three months. herein, or if otherwise authorized by the Owner, Estimates of the Probable Project Construction Cost prepared in ARTICLE 9. ARCHITECT'S ACCOUNTING RECORDS Semi-Detailed or Detailed form by an experienced estimator will be secured by the Architect during the Design Develop- ment or Construction Documents Phase. Records of the Architect's Direct Personnel, Consultant, and Reimbursable Expense pertaining to this Project and records 6.5 If the Statement of Probable Project Construction of accounts between the Owner and Contractor shall be kept Cost, or the Semi-Detailed or Detailed Cost Estimate, or on a generally recognized accounting basis and shall be avail- the lowest bona fide proposal is in excess of any limit stated able to the Owner or his authorized representative at mu- herein, the Owner shall give written approval of an increase wally convenient times. in the limit, or he shall cooperate in revising the project scope or quality, or both, to reduce the cost as required. ARTICLE 10. TERMINATION OF AGREEMENT 6.6 Since the Architect has no control over the cost of labor and materials, or competitive bidding, he does not This Agreement may be terminated by either party upon guarantee the accuracy of any Statements of Probable Con- seven day's written notice should the other party fail sub- struction Cost, or any Semi-Detailed or Detailed Cost Esti- stantially to perform in accordance with its terms through mates. no fault of the other. In the event of termination, due to the fault of others than the Architect, the Architect shall be ARTICLE 7. DIRECT & REIMBURSABLE EXPENSE paid for services performed to termination date, including reimbursements then due, plus terminal expense. 7.1 Direct Personnel Expense includes that of principals ARTICLE 11. OWNERSHIP OF DOCUMENTS and employees engaged on the Project including architects, engineers, designers, job captains, draftsmen, specification writers, typists and Project Representatives, in consultation, Drawings and Specifications as instruments of service are research, designing, producing drawing, specifications and the property of the Architect whether the Project for which other documents pertaining to the Project, and services dur- they are made be executed or not. They are not to be used ing construction at the Project site. on other projects except by agreement in writing. 7.2 Reimbursable Expense includes actual expenditures ARTICLE 12. SUCCESSORS AND ASSIGNS made by the Architect in the interest of the Project for the following incidental expenses: The Owner and the Architect each binds himself, his part- 7.2.1 Expense of transportation and living of principals ners, successors, assigns and legal representatives to the other and employees when traveling in connection with the Project; party to this Agreement and to the partners, successors, long distance calls and telegrams; reproduction of drawings assigns and legal representatives of such other party in and specifications, excluding copies for Architect's office use respect of all covenants of this Agreement. Neither the and duplicate sets at each phase for the Owner's review and Owner nor the Architect shall assign, sublet or transfer his approval; and fees paid for securing approval of authorities interest in this Agreement without the written consent of having jurisdiction over the Project. the other. 7.2.2 If authorized in advance by the Owner, the expense of Project Representative, overtime work requiring higher ARTICLE 13. ARBITRATION than regular rates, perspectives or models for the Owner's use. Arbitration of all questions in dispute under this Agreement 7.2.3 If their employment is authorized in advance by the shall be at the choice of either party and shall be in accord- Owner, fees of special consultants, for other than the normal ance with the provisions, then obtaining, of the Standard structural, mechanical and electrical engineering services. Form of Arbitration Procedure of The American Institute of Architects. This Agreement shall be specifically enforce- able under the prevailing arbitration law and judgment ARTICLE 8. PAYMENTS TO THE ARCHITECT upon the award rendered may be entered in the court of the forum, state or federal, having jurisdiction. The de- 8.1 Payments on account of the Architect's basic services cisions of the arbitrators shall be a condition precedent to shall be as follows: the right of any legal action. * Delete OWNER-ARCHITECT AGREEMENT FOUR PAGES AIA DOC. B-131 SEPT. 1963 ED. PAGE 5 ARTICLE 14 Contract may be terminated upon completion and submission of preliminary design and estimate by payment of a lump sum fee of $ 400. 00 After payment of the above fee a sum of $ 550. 00 may be deducted from the fee arrived at by application of the basic rate, if and when the work on the final project is authorized. ARTICLE 15 It is agreed that Article 11 is hereby revised to allow the reuse of the design prepared under this contract if the balance of this contract is carried out in its entirety. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written. Owner Architecta9/' ATTEST: Pauline G. Beeson H. E. Henson, Jr. , Mayor City Clerk City of Little Rock, Arkansas OWNER-ARCHITECT AGREEMENT FOUR PAGES AIA DOC. B-13I SEPT. 1963 ED. PAGE 4 SECTION 3. This (esolution shall be in full force and effect from and after its adoption. ADOPTED: October 3, 1966 ATTEST: --1 Imo.i .7. !fie APPROVED: ity Clerk Mayor