HomeMy WebLinkAbout3738 RESOLUTION NO . 3,738
A RESOLUTION EMPLOYING ARCHITECTS AND
ENGINEERS TO PREPARE PLANS AND SPECI-
FICATIONS FOR A MANUFACTURING BUILDING
IN LITTLE ROCK, ARKANSAS, FOR OCCUPANCY
AND OPERATION BY THE ARMSTRONG RUBBER
COMPANY; AND FOR OTHER PURPOSES .
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: I
SECTION 1. The Mayor and City Clerk are hereby
authorized and directed to enter into a contract with Erhart,
Eichenbaum, Rauch, and Blass as Architects and E. K. Riddick,
Jr. , as Engineer for the preparation of plans and specifica-
tions and supervision of construction of a manufacturing build-
ing in Little Rock, Arkansas for occupancy and operation by
The Armstrong Rubber Company which contract is in form and
substance as follows :
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THE AMERICAN INSTITUTE OF ARCHITECTS . ,,x,`�
AIA DOCUMENT
q SEPT. 1963 ED. B 1 3 1
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THE STANDARD FORM OF AGREEMENT
F
P.
I.1 BETWEEN OWNER AND ARCHITECT
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01
ON A BASIS OF A
O
PERCENTAGE OF CONSTRUCTION COST
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THIS AGREEMENT
made this 4th day of February in the year Nineteen Hundred and Sixty-Seven
B Y A N D B E T W E E N
The City of Little Rock, Arkansas hereinafter called the Owner, and
Erhart, Eichenbaum, Rauch and Blass, hereinafter called the Architect
and E. K. Riddick, Jr. , Engineer
ii g eg , yi The Armstrong Rubber Company
that whereas the Owner intends to
erect a manufacturing building in Little Rock, Arkansas,
for occupancy and operation by The Armstrong Rubber Company
hereinafter called the Project,
I
NOW , 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 Four yrcen, ( %) of the project construction cost, hereinafter referred
to as the Basic Rate, the work to be let under a single lump sum contract.
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2.3 For work let un•- ate contracts, increase the Basic Rate to • cent ( %1 y •
2.4 For Additional Services defined in •• ° 4 hereinafter ( ) times o
the Direct Personnel Expense as defined in Article • •°
In computing g Direct Personn se principal's time shall be compute , 41
P b p p p per huu C
and employee - . a I be at their regular rate of pay plus normal benefits. - p
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OWNER-ARCHITECT AGREEMENT '.
AIA DOC B-131 SEPT. 1963 ED. FOUR PAGES C
■O 1963 The American Institute of Architects PAGE 1
1735 New York Ave NW..Washington,D.C.
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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 ascer- 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 i;;
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 i
3.2.1 The Architect shall prepare from the approved Sche-
matic Design Studies, the Design Development Documents The following services cause the Architect extra expense.
consisting of plans, elevations and other drawings, and out- If any of these services are authorized by the Owner they
line specifications, to fix and illustrate the size and character shall be paid for by the Owner as a Multiple of Direct Per- i•
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- Lions to accomplish changes. .
sign Development Documents, Working Drawings and Spec- 4.4 Providing Semi-Detailed or Detailed Cost Estimates. E:
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-
nected equipment, and site work, and the necessary bidding merit of the construction phase.
information, General Conditions of the Contract, and Sup- ment of the construction phase.
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 He shall keep the Owner informed of any adjust- furnishing professional services of the types set forth in I:
ments to previous Statements of Probable Project Construe- Article 3 above as may be required in connection with the t.
P
tion Cost indicated by changes in scope, requirements or replacement of such work.
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market conditions. 4.7 Arranging for the work to proceed should the con- i;.
• 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 _
jurisdiction over the design of the Project. - I.'
,ervation o • . - .n should .- .n contra
3.4 Construction Phase—General Administration of ,ime be excee. __�..au�al�ru� -.. a to no fault o`.
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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 O11tractor. •
Owner and the Contractor, he shall make decisions on all -. ' -- •
claims of the Owner and Contractor and on all other matters ion of t e . • •• • .d and .. _ • - ve• discre.-•relating to the execution and progress of the work or the ncies under _ • • ' .vi. . . enstruction co - r
• interpretation of the Contract Documents. He shall check
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.
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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 r.
and to determine in general if the work is proceeding in submitted by the Architect and render decisions pertaining j
accordance with the Contract Documents. - •• thereto promptly, to avoid unreasonable delay in the the
• to check the quality or quantity of the work a le progress of the Architect's work. He shall observe the pro-
ill be responsible for the Contractors' failure . carry cedure of issuing orders to contractors only through the
.ut the ••struction work in accordance with e Contract Architect.
Documents. • ring such visits and on th- .asis of his ob- 5.3 He shall furnish or direct the Architect to obtain at
.ervations while : the site, he will ep the Owner in• the Owner's expense, a certified survey of the site, giving,
ormed of the progre of the wor. will endeavor to guard as required, grades and lines of streets, alleys, pavements, •
he Owner against defec an. .eficiencies in the work of and adjoining property; rights of way, restrictions, ease-
ontractors, and he may : : mn work as failing to con- ments, encroachments, zoning, deed restrictions, boundaries,
orm to the Contract P.cument . Based on such observa- and contours of the building site; locations, dimensions, and
ions and the Cont ors' Applicatio or Payment, he wil complete data pertaining to existing buildings,other improve-
etermine the • ount owing to the Contr or and will issue merits and trees; full information as to available service and _
ertificate- .r Payment in such amounts. •f 1 Certificate' utility lines both public and private; and test borings and
ill co itute a representation to the Owner, ba• . on suet- Pits necessary for determining subsoil conditions.
.b , ations and the data comprising the Appkcatr.• foi 5.4 He shall pay for structural, chemical, mechanical, soil
mechanics or other tests and reports if required.
OWNER-ARCHITECT AGREEMENT FOUR PAGES
AIA DOC. 0-131 _ SEPT. 1963 ED. PAGE 2
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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% I
Architect or consultants. . . - .. •
6.2 Project Construction Cost shall be based upon one of defined in i • - and f. , • . • e xpense
the following sources with precedence in the order listed: as defined in r • le •• • . u.on pres•
6.2.1 Lowest acceptable bona fide Contractor's proposal �,. Archirct'a drtuiled invoico.
received for any or all portions of the Project. 8.3 No deduction shall be made from the Architect's com-
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
Semi-Detailed or Detailed form by an experienced estimator ARTICLE 9. ARCHITECT'S ACCOUNTING RECORDS
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
y` ARTICLE 7. DIRECT & REIMBURSABLE EXPENSE paid for services performed to termination date, including
reimbursements then due, plus terminal expense.
•d employees engaged on the Project including architc s. ARTICLE 11. OWNERSHIP OF DOCUMENTS
en:'.eers, designers, job captains, draftsmen, specifi.. ion
write typists and Project Representatives, in cons tation, Drawings and Specifications as instruments of service are
research, designing, producing drawing, specific ons and the property of the Architect whether the Project for which
other docu 'ents pertaining to the Project, and :•rvices dur- they are made be executed or not. They are not to be used
ing construct : at the Project site. on other projects except by agreement in writing.
7.2 Reimbursab Expense includes sal expenditures ARTICLE 12. SUCCESSORS AND ASSIGNS
made by the Archi . tin the interest . the Project for the
following incidental c, senses: The Owner and the Architect each binds himself, his part-
7.2.1 Expense of trans .rtatio. and living of principals ]leis, successors, assigns and legal representatives to the other
and employees when traveli •- connection with the Project; party to this Agreement and to the partners, successors,
long distance calls and tele. a s; reproduction of drawings assigns and legal representatives of such other party in
and specifications, exclud g cop : for Architect's office use respect of all covenants of this Agreement. Neither the
and duplicate sets at c' phase fo he Owner's review and Owner nor the Architect shall assign, sublet or transfer his
approval; and fees !' d for securing ..roval of authorities interest in this Agreement without the written consent of •
having jurisdictio. over the Project. the other.
7.2.2 If auth. ized in advance by the Ow••r, the expense
of Project :-presentative, overtime work re. iring higher ARTICLE 13. ARBITRATION
than reg :r rates, perspectives or models for •e Owner's
use Arbitration of all questions in dispute under this Agreement
7.2. If their employment is authorized in advance . ' the shall be at the choice of either party and shall be in accord-
' •ner, fees of special consultants, for other than the nor •al ante with the provisions, then obtaining, of the Standard
- -••4 L •SJ,,-•: 'J , . v .•• •.. •- Form of Arbitration Procedure of The American Institute
of Architects. This Agreement shit-II 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.
OWNER-ARCHITECT AGREEMENT FOUR PAGES
AIA DOC. 13-131 SEPT. 1963 F.D. PAGE 3
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*ARTICLE 7. DIRECT & REIMBURSABLE EXPENSE
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Subsequent to the execution of this Contract the Architect agrees to make at
his expense an initial trip to The Armstrong Rubber Company headquarters in
West Haven, Connecticut for the purpose of orientation of the project. Should
additional travel of the Architect's personnel be authorized by The Armstrong 4:
Rubber Company during the course of the project the Architect would expect to
be reimbursed for actual transportation and living expenses of such travel.
IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written.
Owner Architect?-7A41...04,„c9,_ ((--a.:(.244,(1dyfte.....—,____
City of Little Rock, Arkansas
Erhart, Eichenbaum, Rauch and Blass, Architects
By and E. K. R:yddi.ck, Jr. , Engi eer j/.;
APPROVED: = = y.. it-C.--C?-16-'• •
The Armstrong Rubber Company E.-- , . Riddick, Jr. Engineer
President V
frti'':' 1,', OWNER-ARCHITECT AGREEMENT FOUR PAGES
AIA 1)(IC. 11-131 SEl l'. 1943 ED. PAGE
-2-
SECTION 2. This Resolution shall be in full force
and effect from and after its adoption.
ADOPTED: March 6, 1967
ATTEST: ) 2r-73"4""j /
APPROVED: i � '
City Clerk .yor