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HomeMy WebLinkAbout4055 r RESOLUTION NO. 4,055 A RESOLUTION AUTHORIZING AN EMPLOYMENT CONTRACT WITH NORRIS J. SPARKS , ARCHITECT, AND THE FIRM OF WEAVER & HIEGEL, ARCHI- TECTS , FOR ARCHITECTURAL SERVICES IN DE- SIGNING AND SUPERVISION OF CONSTRUCTION OF COMMUNITY FACILITY CENTERS IN THE SOUTH AND EAST ENDS OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS . SECTION 1 . Norris J. Sparks, Architect, and the firm of Weaver & Hiegel, Architects, are hereby employed to prepare drawings and other necessary documents in designing and supervision of construction of Community Facility Centers in the south and east ends of the City of Little Rock. SECTION 2. A contract to be executed by the Mayor and City Clerk and authorized in Section 1 hereof shall be in form and substance as follows : THE AMERICAN INSTITUTE OF ARCHITECTS 41q1111/0 .11.0V-H" soul AIA Document B131 Standard Form of Agreement Between Owner and Architect on a basis of a PERCENTAGE OF CONSTRUCTION COST AGREEMENT made this day of in the year of Nineteen Hundred and BETWEEN the Owner, and the Architect. It is the intention of the Owner to hereinafter referred to as the Project. The Owner and the Architect agree as set forth below. MA DOCUMENT B131 • OWNER-ARCHITECT AGREEMENT •SEPTEMBER 1967 EDITION • AIA® @1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 • • I. THE ARCHITECT shall provide professional services for the Project in accordance with the Terms and Conditions of this Agreement. II. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions of this Agreement, as follows: a. FOR THE ARCHITECT'S BASIC SERVICES, as described in Paragraph 1.1, a Basic Fee computed at the following percentages of the Construction Cost, as defined in Article 3, for portions of the Project to be awarded under A Single Stipulated Sum Contract per cent ( %) Separate Stipulated Sum Contracts per cent ( %) A Single Cost Plus Fee Contract per cent ( %) Separate Cost Plus Fee Contracts per cent ( %) b. FOR THE ARCHITECT'S ADDITIONAL SERVICES, as described in Paragraph 1.3, a fee computed as follows: Principals' time at the fixed rate of dollars ($ per hour. For the purposes of this Agreement, the Principals are: Employees'time computed at a multiple of ( ) times the employees' Direct Personnel Expense as defined in Article 4. Additional services of professional consultants engaged for the normal structural,me- chanical and electrical engineering services at a multiple of ( ) times the amount billed to the Architect for such additional services. c. FOR THE ARCHITECT'S REIMBURSABLE EXPENSES, amounts expended as defined in Article 5. d. THE TIMES AND FURTHER CONDITIONS OF PAYMENT shall be as described in Article 6. AIA DOCUMENT B131 • OWNER-ARCHITECT AGREEMENT •SEPTEMBER 1967 EDITION • AIA® 2 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 obtaining bids or negotiated proposals, and in awarding and preparing construction contracts. ARCHITECT'S SERVICES CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1 BASIC SERVICES 1.1.10 The Construction Phase will commence with the The Architect's Basic Services consist of the five award of the Construction Contract and will terminate phases described below and include normal struc- when final payment is made by the Owner to the Con- tural, mechanical and electrical engineering services. tractor. SCHEMATIC DESIGN PHASE 1.1.11 The Architect shall provide Administration of the Construction Contract as set forth in Articles 1 through 14 1.1.1 The Architect shall consult with the Owner to as- inclusive of the latest edition of AIA Document A201,Gen- certain the requirements of the Project and shall confirm eral Conditions of the Contract for Construction, and the such requirements to the Owner. extent of his duties and responsibilities and the limitations 1.1.2 The Architect shall prepare Schematic Design of his authority as assigned thereunder shall not be modi- Studies consisting of drawings and other documents illus- fled without his written consent. trating the scale and relationship of Project components for approval by the Owner. 1.1.12 The Architect, as the representative of the Owner 1.1.3 The Architect shall submit to the Owner a State- during the Construction Phase, shall advise and consult ment of Probable Construction Cost based on current with the Owner and all of the Owner's instructions to the area, volume or other unit costs. Contractor shall be issued through the Architect. The Architect shall have authority to act on behalf of the DESIGN DEVELOPMENT PHASE Owner to the extent provided in the General Conditions unless otherwise modified in writing. 1.1.4 The Architect shall prepare from the approved 1.1.13 The Architect shall at all times have access to Schematic Design Studies,for approval by the Owner, the the Work wherever it is in preparation or progress. Design Development Documents consisting of drawings and other documents to fix and describe the size and 1.1.14 The Architect shall make periodic visits to the character of the entire Project as to structural, mechani site to familiarize himself generally with the progress and cal and electrical systems, materials and such other essen quality of the Work and to determine in general if the tials as may be appropriate. Work is proceeding in accordance with the Contract Doc- 1.1.5 The Architect shall submit to the Owner a further uments. On the basis of his on-site observations as an 1.1.5 of Probable shall Construction submit Cost. Architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Architect shall not be required to make exhaustive CONSTRUCTION DOCUMENTS PHASE or continuous on-site inspections to check the quality or 1.1.6 The Architect shall prepare from the approved De- quantity of the Work. The Architect shall not be respon- sign Development Documents, for approval by the Own- Bible for construction means, methods, techniques, se- er, Working Drawings and Specifications setting forth in quences or procedures, or for safety precautions and detail the requirements for the construction of the entire programs in connection with the Work, and he shall not Project including the necessary bidding information, and be responsible for the Contractor's failure to carry out the shall assist in the preparation of bidding forms, the Con- Work in accordance with the Contract Documents. ditions of the Contract, and the form of Agreement be- 1.1.15 Based on such observations at the site and on the tween the Owner and the Contractor. Contractor's Applications for Payment, the Architect shall 1.1.7 The Architect shall advise the Owner of any ad- determine the amount owing to the Contractor and shall justments to previous Statements of Probable Construction issue Certificates for Payment in such amounts. The is- Cost indicated by changes in requirements or general suance of a Certificate for Payment shall constitute a rep- market conditions. resentation by the Architect to the Owner, based on the 1.1.8 The Architect shall assist the Owner in filing the Architect's observations at the site as provided in Sub- required documents for the approval of governmental paragraph 1.1.14 and on the data comprising the Appli- authorities having jurisdiction over the Project. cation for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowl- edge, information and belief, the quality of the Work is BIDDING OR NEGOTIATION PHASE in accordance with the Contract Documents (subject to 1.1.9 The Architect, following the Owner's approval of an evaluation of the Work as a functioning whole upon the Construction Documents and of the latest Statement Substantial Completion, to the results of any subsequent of Probable Construction Cost, shall assist the Owner in tests required by the Contract Documents, to minor AIA DOCUMENT B131 • OWNER-ARCHITECT AGREEMENT •SEPTEMBER 1967 EDITION • MA® 3 101967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 deviations from the Contract Documents correctable Owner against defects in the Work, but the furnishing of prior to completion, and to any specific qualifications such project representation shall not make the Architect stated in the Certificate for Payment); and that the Co n- responsible for the Contractor's failure to perform the tractor is entitled to payment in the amount certified. By Work in accordance with the Contract Documents. issuing a Certificate for Payment, the Architect shall not be deemed to represent that he has made any examina- 1.3 ADDITIONAL SERVICES tion to ascertain how and for what purpose the Contrac- The following services are not covered in Paragraphs tor has used the moneys paid on account of the Contract 1.1 or 1.2. If any of these Additional Services are Sum. authorized by the Owner, they shall be paid for by 1.1.16 The Architect shall be, in the first instance, the the Owner as hereinbefore provided. interpreter of the requirements of the Contract Docu 1.3.1 Providing special analyses of the Owner's needs, ments and the impartial judge of the performance there and programming the requirements of the Project. under by both the Owner and Contractor. The Architect shall make decisions on all claims of the Owner or Con- 1.3.2 Providing financial feasibility or other special tractor relating to the execution and progress of the Work studies. and on all other matters or questions related thereto. 1.3.3 Providing planning surveys, site evaluations, or The Architect's decisions in matters relating to artistic comparative studies of prospective sites. effect shall be final if consistent with the intent of the Contract Documents. 1.3.4 Making measured drawings of existing construc- 1.1.17 The Architect shall have authority to reject Work tion when required for planning additions or alterations thereto. which does not conform to the Contract Documents. The Architect shall also have authority to require the Contrac- 1.3.5 Revising previously approved Drawings, Specifica- tor to stop the Work whenever in his reasonable opinion tions or other documents to accomplish changes not initi- it may be necessary for the proper performance of the ated by the Architect. Contract. The Architect shall not be liable to the Owner 1.3.6 Preparing Change Orders and supporting data for the consequences of any decision made by him in where the change in the Basic Fee resulting from the ad- good faith either to exercise or not to exercise his author- justed Contract Sum is not commensurate with the Archi- ity to stop the Work. tect's services required. 1.1.18 The Architect shall review and approve shop 1.3.7 Preparing documents for alternate bids requested drawings, samples, and other submissions of the Contrac- by the Owner. tor only for conformance with the design concept of the Project and for compliance with the information given 1.3.8 Providing Detailed Estimates of Construction in the Contract Documents. Costs. 1.1.19 The Architect shall prepare Change Orders. 1.3.9 Providing consultation concerning replacement of 1.1.20 The Architect shall conduct inspections to de- any Work damaged by fire or other cause during construc- termine the Dates of Substantial Completion and Final tion, and furnishing professional services of the type set Completion, shall receive written guarantees and related forth in Paragraph 1.1 as may be required in connection documents assembled by the Contractor, and shall issue a with the replacement of such Work. final Certificate for Payment. 1.3.10 Providing professional services made necessary 1.1.21 The Architect shall not be responsible for the by the default of the Contractor in the performance of the acts or omissions of the Contractor, or any Subcontractors, Construction Contract. or any of the Contractor's or Subcontractors' agents or 1.3.11 Providing Contract Administration and observa- employees, or any other persons performing any of the tion of construction after the Contract Time has been ex- Work, ceeded by more than twenty per cent through no fault 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES of the Architect. 1.2.1 If more extensive representation at the site than 1.3.12 Furnishing the Owner a set of reproducible rec- is described under Subparagraphs 1.1.10 through 1.1.21 ord prints of drawings showing significant changes made inclusive is required,and if the Owner and Architect agree, during the construction process, based on marked up the Architect shall provide one or more Full-time Project prints, drawings and other data furnished by the Contrac- Representatives to assist the Architect. tor to the Architect. 1.2.2 Such Full-time Project Representatives shall be 1.3.13 Providing services after final payment to the selected, employed and directed by the Architect, and the Contractor. Architect shall be compensated therefor as mutually agreed between the Owner and the Architect as set forth 1.3.14 Providing interior design and other services re- in an exhibit appended to this Agreement. quired for or in connection with the selection of furni- ture The duties, responsibilities and limitations of au- thority of such Full-time Project Representatives shall be 1.3.15 Providing services as an expert witness in con- set forth in an exhibit appended to this Agreement. nection with any public hearing, arbitration proceeding, 1.2.4 Through the on-site observations by Full-time Proj or the proceedings of a court of record. ect Representatives of the Work in progress, the Architect 1.3.16 Providing services for planning tenant or rental shall endeavor to provide further protection for the spaces. 4 AIA DOCUMENT B131 • OWNER-ARCHITECT AGREEMENT •SEPTEMBER 1967 EDITION • AIA® ®1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 ' I ARTICLE 2 3.1.1 For completed construction, the total cost of all such Work; THE OWNER'S RESPONSIBILITIES 3.1.2 For Work not constructed, the lowest bona fide 2.1 The Owner shall provide full information regarding bid received from a qualified bidder for any or all of such his requirements for the Project. work; or 2.2 The Owner shall designate, when necessary, a rep- 3.1.3 For work for which bids are not received, (1) the resentative authorized to act in his behalf with respect to latest Detailed Cost Estimate, or (2) the Architect's latest the Project. The Owner or his representative shall exam- Statement of Probable Construction Cost. ine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid 3.2 Construction Cost does not include the fees of the unreasonable delay in the progress of the Architect's Architect and consultants, the cost of the land, rights-of- work. way, or other costs which are the responsibility of the Owner as provided in Paragraphs 2.3 through 2.6 inclu- 2.3 The Owner shall furnish a certified land survey of the sive. site giving, as applicable, grades and lines of streets, alleys pavements and adjoining property; rights-of-way, 3.3 Labor furnished by the Owner for the Project shall restrictions, easements, encroachments, zoning, deed re- be included in the Construction Cost at current market strictions, boundaries and contours of the site; locations, rates. Materials and equipment furnished by the Owner dimensions and complete data pertaining to existing shall be included at current market prices, except that buildings, other improvements and trees; and full infor- used materials and equipment shall be included as if mation concerning available service and utility lines both purchased new for the Project. public and private. 3.4 Statements of Probable Construction Cost and De- 2.4 The Owner shall furnish the services of a soils en- tailed Cost Estimates prepared by the Architect represent gineer, when such services are deemed necessary by his best judgment as a design professional familiar with the Architect, including reports, test borings, test pits, the construction industry. It is recognized, however, that soil bearing values and other necessary operations for neither the Architect nor the Owner has any control over determining subsoil conditions. the cost of labor, materials or equipment, over the con- 2.5 The Owner shall furnish structural, mechanical, tractors' methods of determining bid prices, or over com- chemical and other laboratory tests, inspections and re- Architect bidding or market conditions. Accordingly, the ports as required by law or the Contract Documents. Architect cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost 2.6 The Owner shall furnish such legal, accounting and or other cost estimate prepared by him. insurance counselling services as may be necessary for the Project, and such auditing services as he may require to 3.5 When a fixed limit of Construction Cost is estab- ascertain how or for what purposes the Contractor has lished as a condition of this Agreement, it shall include a used the moneys paid to him under the Construction bidding contingency of ten per cent unless another Contract. amount is agreed upon in writing.When such a fixed limit is established, the Architect shall be permitted to deter- 2.7 The services, information, surveys and reports re- mine what materials, equipment, component systems and quired by Paragraphs 2.3 through 2.6 inclusive shall be types of construction are to be included in the Contract furnished at the Owner's expense, and the Architect shall Documents, and to make reasonable adjustments in the be entitled to rely upon the accuracy thereof. scope of the Project to bring it within the fixed limit. The 2.8 If the Owner observes or otherwise becomes aware Architect may also include in the Contract Documents of any fault or defect in the Project or non-conformance alternate bids to adjust the Construction Cost to the fixed with the Contract Documents, he shall give prompt writ- limit. ten notice thereof to the Architect. 3.5.1 If the lowest bona fide bid, the Detailed Cost Esti- 2.9 The Owner shall furnish information required of him mate or the Statement of Probable Construction Cost ex- as expeditiously as necessary for the orderly progress of ceeds such fixed limit of Construction Cost (including the the Work. bidding contingency) established as a condition of this Agreement, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding the Project within a reasonable time, or (3) cooperate in ARTICLE 3 revising the Project scope and quality as required to re- duce the Probable Construction Cost. In the case of (3) CONSTRUCTION COST the Architect, without additional charge, shall modify the Drawings and Specifications as necessary to bring the 3.1 Construction Cost to be used as a basis for deter- Construction Cost within the fixed limit. The providing of mining the Architect's Fee for all Work designed or speci- this service shall be the limit of the Architect's responsi- fied by the Architect, including labor, materials, equip- bility in this regard, and having done so, the Architect ment and furnishings,shall be determined as follows, with shall be entitled to his fees in accordance with this precedence in the order listed: Agreement. AIA DOCUMENT B131 • OWNER-ARCHITECT AGREEMENT •SEPTEMBER 1967 EDITION • MA® 5 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 • ARTICLE 4 6.2 Payments for Additional Services of the Architect as defined in Paragraph 1.3, and for Reimbursable Expenses DIRECT PERSONNEL EXPENSE as defined in Article 5, shall be made monthly upon presentation of the Architect's statement of services ren- 4.1 Direct Personnel Expense of employees engaged on dered. the Project by the Architect includes architects, engineers, designers, job captains, draftsmen, specification writers 6.3 No deductions shall be made from the Architect's and typists, in consultation, research and design, in pro- compensation on account of penalty, liquidated dam- ducing Drawings, Specifications and other documents per- ages, or other sums withheld from payments to con- taining to the Project, and in services during construction tractors. at the site. 6.4 If the Project is suspended for more than three 4.2 Direct Personnel Expense includes cost of salaries months or abandoned in whole or in part, the Architect and of mandatory and customary benefits such as statu- shall be paid his compensation for services performed tory employee benefits, insurance, sick leave, holidays and prior to receipt of written notice from the Owner of such vacations, pensions and similar benefits. suspension or abandonment, together with Reimbursable Expenses then due and all terminal expenses resulting ARTICLE 5 from such suspension or abandonment. REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Fees for Basic and Additional Services and include actual ex- ARTICLE 7 penditures made by the Architect, his employees, or his consultants in the interest of the Project for the following ARCHITECT'S ACCOUNTING RECORDS incidental expenses listed in the following Subparagraphs: 5.1.1 Expense of transportation and living when travel- Records of the Architect's Direct Personnel, Consultant ing in connection with the Project and for long distance and Reimbursable Expenses pertaining to the Project, and calls and telegrams. records of accounts between the Owner and the Con- 5.1.2 Expense of reproductions, postage and handling of tractor, shall be kept on a generally recognized accounting Drawings and Specifications, excluding copies for Archi- basis and shall be available to the Owner or his author- tea's office use and duplicate sets at each phase for the ized representative at mutually convenient times. Owner's review and approval; and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.3 If authorized in advance by the Owner, the ex- pense of overtime work requiring higher than regular rates; perspectives or models for the Owner's use; and ARTICLE 8 fees of special consultants for other than the normal struc- tural, mechanical and electrical engineering services. TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven days' written notice should the other party fail ARTICLE 6 substantially to perform in accordance with its terms through no fault of the other. In the event of termination PAYMENTS TO THE ARCHITECT due to the fault of others than the Architect, the Archi- 6.1 Payments on account of the Architect's Basic Serv- tect shall be paid his compensation for services performed ices shall be made as follows: to termination date, including Reimbursable Expenses 6.1.1 An initial payment of five per cent of the Basic then due and all terminal expenses. Fee calculated upon an agreed estimated cost of the Project, payable upon execution of this Agreement, is the minimum payment under this Agreement. 6.1.2 Subsequent payments shall be made monthly in ARTICLE 9 proportion to services performed to increase the compen- sation for Basic Services to the following percentages of OWNERSHIP OF DOCUMENTS the Basic Fee at the completion of each phase of the Work: Drawings and Specifications as instruments of service Schematic Design Phase 15% are and shall remain the property of the Architect whether Design Development Phase 35% the Project for which they are made is executed or not. Construction Documents Phase 75% They are not to be used by the Owner on other projects Bidding or Negotiation Phase 80% or extensions to this Project except by agreement in writ- Construction Phase 100% ing and with appropriate compensation to the Architect. 6 AIA DOCUMENT B131 • OWNER-ARCHITECT AGREEMENT •SEPTEMBER 1967 EDITION • AIA® ®1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 1 ARTICLE 10 dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after SUCCESSORS AND ASSIGNS institution of legal or equitable proceedings based on The Owner and the Architect each binds himself, his such claim, dispute or other matter in question would partners, successors, assigns and legal representatives to be barred by the applicable statute of limitations. the other party to this Agreement and to the partners, 11.3 The award rendered by the arbitrators shall be final, successors, assigns and legal representatives of such other and judgment may be entered upon it in any court having party with respect to all covenants of this Agreement. jurisdiction thereof. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the ARTICLE 12 written consent of the other. EXTENT OF AGREEMENT ARTICLE 11 This Agreement represents the entire and integrated ARBITRATION agreement between the Owner and the Architect and supersedes all prior negotiations, representations or 11.1 All claims, disputes and other matters in question agreements, either written or oral. This Agreement may arising out of, or relating to, this Agreement or the be amended only by written instrument signed by both breach thereof shall be decided by arbitration in accord- Owner and Architect. ance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. This ARTICLE 13 agreement so to arbitrate shall be specifically enforceable under the prevailing arbitration law. 11.2 Notice of the demand for arbitration shall be filed APPLICABLE LAW in writing with the other party to this Agreement and Unless otherwise specified, this Agreement shall be gov- with the American Arbitration Association. The demand erned by the law of the principal place of business of the shall be made within a reasonable time after the claim, Architect. AIA DOCUMENT 8131 • OWNER-ARCHITECT AGREEMENT •SEPTEMBER 1967 EDITION • AIA® 7 ®1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 I. This Agreement executed the day and year first written above. OWNER ARCHITECT Architect's Registration No. I AIA DOCUMENT B131 • OWNER-ARCHITECT AGREEMENT •SEPTEMBER 1967 EDITION • AIA® 8 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 r -2- SECTION 3. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: August 19 , 1968 ATTEST: .(� �j APPROVED: AP , Ae �T1' y Clerk Mayor