HomeMy WebLinkAboutRES.1712.10-01-2001 1
BILL N0. 2001-202 RESOLUTION NO. � � c�.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT
WITH HOLSHOUSER AND ASSOCIATES, FOR
SEISMIC RESISTANCE STRUCTURAL
ENGINEERING SERVICES FOR FIRE
STATION NO. 1
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI , AS FOLLOWS :
ARTICLE l . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to enter into a
Contract with Holshouser and Associates, for seismic resistance
structural engineering services for fire station No. l . A copy
of said Contract is attached to this Resolution and made a part
hereof .
PASSED AND ADOPTED THI S I �� DAY OF E,,�(" , 2 0��.
. A. . Spra ling, III , Ma r
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THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document B141
Standard Form of Agreement Between
Owner and Arch�tect
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETIDN OR MODIFICATION
AGREEMENT
made as of the Twenty Eighth(28th) day of September in the year of Two Thousand One(2001).
BETWEEN the Owner: City of Cape Girardeau
(Name and address) P�BOX 617
Cape Girardeau,Missouri 63702-0617
and the Architect: Thomas C.Holshouser,AIA
(Nume und oddress/ (�.b.8.Holshouser& Associates
219 N.Clark Avenue
Cape Girardeau,Missouri 63701-5104
For the following Project:
(include demiled descrrplion ojProjec/,(oculian,uddres:e und scopeJ
Seismic Resistance Engineering Services
for Fire Station No. 1
1 South Sprigg Street
Cape Girardeau,Mo 63703
The Owner and Architect agree as set forth below.
Copyright 1917,1926,1948,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987 by The American Institute of Architects,1735 New York Avenue,N.
W.,Washington,D.C.20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the
copyright laws of the United States and will be subject to legal prosecution.
AIA Document B 141 Owner-Architect Agreement,fourteenth Edition,AIA 1987
The American Institute ofArchitects,1735 New York Avenue,N.W.,Washington,D.C.20006 B141-1987 1
,
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
l.l.l The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's
consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12.
1.1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly
progress of the Work,Upon request of the Owner,the Architect shall submit for the Owner's approval a schedule for the performance
of the Architect's services which may be adjusted as the Project proceeds,and shall include allowances for periods of time required
for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established
by this schedule approved by the Owner shall not,except for reasonable cause,be exceeded by the Architect or Owner.
1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph II.5. 1.
1.1.4 For the purpose of this agreement the Architect's Structural Engineers shall be"EQE Structural Engineers Division of
ABSG Consulting,Inc."(ABS Consulting).
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERYICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described in Paragraphs 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
2.2.1 The Architect shall review the program fumished by the Owner to ascertain the requirements of the Project and shall arrive
' at a mutual understanding of such requirements with the Owner. '
2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget
requirements,each in terms of the other,subject to the limitations set forth in Subparagraph 5.2. 1.
2.2.3 The Architect shall review with the Owner 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 Architect shall prepare,
for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program,schedule
or construction budget, the Architect shall prepare, for approvai by the Owner,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.
2.4 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 Owner, the Architect shall prepare, for approva] by the Owner, Construction
Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project.
AIA Document B 141 Owner-Architect Agreement,fouReenth Edition,AIA 1987
The American Institute ofArchitects,1735 New York Avenue,N.W.,Washington,D.C.20006 B141-1987 2
2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information,bidding forms,the Conditions
of the Contract,and the form of Agreement between the Owner and Contractor.
2.4.3 Not Included.
2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the
approval of govemmental authorities having jurisdiction over the Project.
2.5 BIDDING OR NEGOTIATION PHASE(Not Included)
2.6 CONSTRUCTION PI-IASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT(Not Included)
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
31.1 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 as provided in this Agreement,in addition to the compensation for Basic Services. The services described
under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner.if services described under
Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control,the Architect shall
notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not
required, the Owner shall give prompt written notice to the Architect. if the Owner indicates in writing that all or part of such
Contingent Additional Services are not required,the 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 Subparagraph 2.6.5 is required,the Architect shall provide
one or more Project Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives
3.2.3 Through the observations by such Project Representatives,the Architect shall endeavor to provide further Protection for
the Owner against defects and deficiencies in the Work,but the furnishing of such project representation shall not modify the rights,
responsibilities or obligations of the 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 Owner,including revisions made necessary by
adjustments in the Owner's program or Project budget;
.2 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 Owner'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 Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services
required under Subpazagraph 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 and Construction 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.
AIA Document B 141 Owner-Architect Agreement,fourteenth Edition,AIA 1987
The American Institute of Architects,1735 New York Avenue,N.W.,Washington,D.C.20006 B 141-1987 3
3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction,and fumishing
services required in connection with the replacement of such Work.
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 or Contractor under the Contract for Construction,
3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor Dr others in connection with
the Work.
3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the
Architect is party thereto.
3.3.9 Preparing documents for altemate,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
3.4.4 Providing special surveys,environmental studies and submissions required for approvals of govemmental 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 Owner.
3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination
of services required in connection with construction performed and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner.
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 analysis 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 materiais or equipment,or valuations and detailed appraisals of existing facilities.
3.4.16 Preparing a set of reproducible record drawings showingsignificant changes in the Work made during construction based
on marked-up prints,drawings and other data furnished by the Contractor to the Architect.
3.4.17 Providing assistance in the utilization of equipment or systems such as testing,adjusting and balancing,prepatation of
operation and maintenance manuals,training personnel for operation and maintenance,and consultation during operation.
3.4.18 Providing services after issuance to the Owner 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 fumished in accordance with
generally accepted architectural practice.
AIA Document B 141 Owner-Architect Agreement,fourteenth Edition,AIA I987
The Amencan Institute ofArchitects,1735 New York Avenue,N.W.,Washingon,D.C.20006 B141-1987 4
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding requirements for the Project,including a program which shall set forth
the Owner's objectives,schedule,constraints and criteria,including space requirements and relationships,flexibility,expandability,
special equipment,systems and site requirements.
4.2 The Owner shall establish and update an overall budget for the Project,including the Construction Cost,the Owner's other
costs and reasonable contingencies related to all of these costs,
4.3 If requested by the Architect,the Owner shall furnish evidence that financial arrangements have been made to fulfill the
Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner
or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in
order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services.
4.5 The Owner shall furnish surveys describing physical characteristics,legal limitations and utiliry locations for the site of
the Project,and a written legal description of the site. T'he 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, easement s,
encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions and necessary data pertaining
to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and
private,above and below grade, inciuding inverts and depths. All the information on the survey shall be referenced to a project
benchmark.
4.6 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such
services may include but are not limited to test borings,test pits,determinations of soil bearing values,percolation tests,evaluations
of hazardous materials,ground corrosion and resistivity tests,including necessary operations for anticipating subsoil conditions,with
reports and appropriate Professional recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the
Project and are requested by the Architect.
4.7 The Owner shall fumish structural,mechanical,chemical air and water pollution tesfs,tests for hazardous materials,an@
other laboratory and environmentai tests,inspections and reports required by law or the Contract Documents.
4.8 The Owner shall fumish all legal,accounting and insurance counseling services as may be necessary at any time for the
Project,including auditing services the Owner 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.
4.9 The services,information,surveys and reports required by Paragraphs 4.5 through 4.8 shall be fumished at the Owner's
expense,and the Architect shall be entitled to rely upon the accuracy and completeness thereof.
4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in
the Project or nonconformance with the Contract Documents.
4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be
submitted to the Architect for review and approval ai least 14 days prior to execution. The Owner shall not request certifications that
would require knowledge or services beyond the scope of this Agreement.
ARTICLE 5
CONSTRUCTION COST
Not Included
AIA Document B 141 Owner-Architect Agreement,fourteenth Edition,AIA 1987
The American Institute ofArchitects,1735 New York Avenue,N.W.,Washington,D.C.20006 B141-1987 5
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the
Architect's service for use solely with respect to this Project and,unless otherwise provided,the Architect shall be deemed the author
of these documents and shall retain all common law,statutory and other reserved rights,including the copyright. The Owner shall
be permitted to retain copies, including reproducible copies,of the Architect's Drawings, Specifications and other documents for
information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings,Specifications
or other documents shall not be used by the Owner or others on other projects,for additions to this Project or for completion of this
Project by others,unless the Architect is adjudged to be in default under this Agreement,except by agreement in writing and with
appropriate compensation to the Architect.
6.2 Submission or distribution of documents 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 Architect's reserved rights.
ARTICLE 7
ARBITRATION(Deleted)
See 12.1 Mediation
ARTICLE 8
TERMINATION,SUSPENSION OR ABANDONMENT
8.1 This Agreement may be terminated by either party upon not less than seven days'written notice should the other party fail
substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.
8.2 if the Project is suspended by the Owner for more than 30 consecutive days,the Architect shall be compensated for services
performed prior to notice of such suspension. When the Project is resumed,the Architect's compensation shall be equitably adjusted
to provide for expenses incurred in the interruption and resumption of the Architect's services.
8.3 This Agreement may be terminated by the Owner upon not less than seven days'written notice to the Architect in the event
that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days,the Architect
may terminate this Agreement by giving written notice.
8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial
nonperformance and cause for termination.
8.5 If the Owner fails to make payment when due the Architect for services and expenses,the Architect may,upon seven days'
written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the
Architect within seven days of the date of the notice, the suspension shall take effect without further notice. in the event of a
suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such
suspension of services.
8.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services performed prior
to termination,together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7.
8.7 Termination Expenses are in addition to compensation for Basic and Additional Services,and include expenses which aze
directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic
Services and Additional Services earned to the time of termination,as follows:
.1 Twenty percent of the total compensation for Basic and Additional Services earned to date if termination occurs
before or during the pre-design,site analysis,or Schematic Design Phases;or
.2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs
during the Design Development Phase;or
AIA Document B 141 Owneo-Architect Agreement,fourteenth Edi[ion,AIA 1987
The American Institute ofArchitects,1735 New York Avenue,N.W.,Washington,D.C.20006 B141-1987 6
.3 Five percent of the total compensation for Basic and Additional Services eamed to date if termination occurs
during any subsequent phase.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided,this Agreement shall be govemed by the law of the principal place of business of the Architect.
9.2 Terms in this Agreement shall have the same meaning as those in 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.
9.4 The Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees
of the other for damages,but only to the extent covered by property insurance during construction,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 Owner and Architect each shall require similar waivers from their
contractors,consultants and agents.
9.5 The Owner and Architect,respectively,bind themselves,their partners,successors,assigns and legal representatives to the
other party to this Agreement and to the partners,successors,assigns and legal representatives of such other pariy with respect to"
covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other.
9.6 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior
negotiations,representations or agreements, either written or oral. This Agreement may be amended only by written instrument
signed by both Owner and 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 Owner or Architect.
9.8 Unless otherwise provided in this Agreement,the Architect and Architect's consultants shall have no responsibility for the
discovery,presence,handling,removal or disposal of or exposure of persons to hazazdous materials in any form at the Project site,
including but not limited to asbestos,asbestos products,polychlorinated biphenyl(PCB)or other toxic substances.
9.9 The Architect shall have the right to include representations of the design of the Project, including photographs of the
exterior and interior,among the Architect's promotional and professional materials. The Architect's materials shall not include the
Owner's confidential or proprietary information if the Owner has previously advised the Architect specific information considered
by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign
and in the promotional�materials for the Project.
ARTICLE l0
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion
of the cost of their mandatory and customary contributions and benefits related thereto,such as employment taxes and other statutory
employee benefits insurance,sick leave,holidays,vacations,pensions and similar contributions and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred
by the Architect and Architect's employees and consultants in the interest of the Rroject,as identified in the following Clauses.
10.2.1.1 Expense of transportation in connection with the Project;expenses in connection with authorized out-of-town travel;long-
AIA Document B141 Owner-Architect Agreement,fourteenth Edition,AIA 1987
1'he American Institute ofArchitects,1735 New York Avenue,N.W.,Washington,D.C.20006 B141_1987 �
distance communications;and fees paid for securing approval of authorities having jurisdiction over the Project.
10.2.1.2 Expense of reproductions,postage and handling of Drawings,Specifications and other documents.
10.2.1.3 if authorized in advance by the Owner,expense of
overtime work requiring higher than regular rates.
10.2.1.4 Expense of renderings,models and mock-ups requested
by the Owner.
10.2.1.5 Expense of additional insurance coverage or limits,including professional liability insurance,requested by the Owner in
excess of that normally carried by the Architect and Architect's consultants.
10.2.1.6 Expense of computer-aided design and drafting equipment time when.used in connection with the Project.
10.3 PAYMENTS ON ACCOUNT OF BASIC�SERVICES
10.3.1 An initial payment as set forth in Paragraph I 1.I is the minimum payment under this Agreement.
10.3.2 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 Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established in Subparagraph 1 1.5.1 of this Agreement is exceeded or extended '
through no fault of the Architect,compensation for any services rendered during the additional period of time shall be computed in
the manner set forth in Subparagraph II.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 set)ices are performed on those poRions,
in accordance with the schedule set forth in Subparagraph 1 1.2.2,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
10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon
presentation of the Architect's statement of services rendered or expenses incurred.
1 0.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's compensation on account of penalty,liquidated damages or other sums
withheld from payments to contractors.or on account of the cost of changes in the Work other than those for which the Architect has
been found to be liable.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 . Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis
of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually
convenient times.
ARTICLE 1 1
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of (Not Required) Dollars($ )shall be made upon execution of this Agreement
and credited to the Owner's account at final payment.
AIA Document B 141 Owner-A�chitect Agreement,fourteenth Edition,AIA 1987
The American Institute of Architects,1735 New York Avenue,N.W.,Washington,D.C.20006 B141-1987 8
11.2 BASIC COMPENSATION
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:
(lnsert add�fiona!phuses as upproprrare.)
Compensation-Stipulated Sum:Compensation shall be a stipulated some of Twenty Thousand Dollars($20,000.00).
Bidding and Construction Phases are not included in Stipulated Sum.
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,as described in Paragraph 3.2,compensation shall
be computed as follows
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1)Additional
Project Representation,as described in Paragraph 3.2,and(2)services included in Article 12 as part of Additional Services,but
excluding services of consultants,compensation shall be computed as follows:
(Insen basis ofcompensation,rncluding rutes and or mu/tiples ofDvec�Principals and employees,und identify Principals und classify employees, if requrred. Ident�
specific services ro which particular methods ofcompensanon upply,ifnecessary.)
(A)Principal Architect's time at the fixed rate of Sixty Five Dollars($65.00)per hour. For purposes of this agreement,the
Principal is Thomas C.Holshouser,AIA
(B)Technical Level II CAD Draftsman time at the fixed rate of Forty Five Dollars($45.00)per hour. For purposes of this
agreement the technical level II personnel is David J.Brown.
(C) Secretarial Level time at the fixed rate of Twenty Two Dollars($22.00)per hour. For purposes of this agreement the
secretarial level personnel include: Secretary.
(D)Structural Engineer at a fixed rate of Seventy Five Dollars($75.00)per fioar.
(E)Structural Engineering Draftsman at a fixed rate of Seventy Five($75.00)per hour.
(F)Principal Structural Engineer at a fixed rate of One Hundred and Fifteen Dollars($115.00)per hour.
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a
multiple of One& Five Hundredths(1.05) times the amounts billed to the Architect for such services.
(�denn(v specifrc rype.�oJconsultants m Arncle I?,rjrequired.)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph ]0.2, and any other items included in Article 12 as
Reimbursable Expenses, a multiple of One (1.0) times the expenses incurred by the Architect,the Architect's employees and
consultants in the interest of the Project.
1 1.5 ADDITIONAL PROVISIONS
I 1.5.1 IF THE BASIC SERVICES covered by this Ageement have not been completed within Twelve(12) months of the date
hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as
provided in Subparagraphs 10.3.3 and 11.3.2.
11.5.2 Payments are due and payable Thirty(30)days from the date of the Architect's invoice. Amounts unpaid Ninety(90)days
after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to
time at the principal place of business of the Architect.
(insert rare ojmterest agreed upon.) Inte�est Rete:Tell PePCe�t(10%).
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other
regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the
validiry of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding
requirements such as written disclosures or waivers.)
11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review
practices of the Architect.
AIA Document B 141 Owner-Architect Agreement,fourteenth Edition,AIA 1987
The Amencan Institute ofArchitects,1735 New York Avenue,N.W.,Washington,D.C.20006 B141-1987 9
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(Inserl descrip[ions of other services,iden(�Additionu!Services included wi(hin Basic Compensation and modrfications!o(he payment and compensation terms
mcluded in this Agreement.)
12.1 MEDIATION
12.1.1 In an effort to resolve any conflicts that arise during the design or construction of the project or following the
completion of the project,the Owner and the Architect agree that all disputes between them arising out of or relating
to this agreement shall be submitted to non-binding mediation unless�the parties mutually agree otherwise.
12.1.2 the Owner and the Architect further agree to include a similar mediation provision in all agreements with
independent contractors and consultants retained for the project and to require all independent contractors and
consultants also to include a similar mediation provision in all agreements with subcontractors,sub-consultants,
suppliers or fabricators re retained,thereby providing for mediation as the primary method for dispute resolution
between the parties to those agreements.
EXHIBIT"A":Proposal Dated September 28,2001,total 7 pages.
This Agreemen ntered into as of the day and year first written above.
' OWNE :City of C �rardeau ARCHITECT:Holshouser&Associates
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The American Institute ofArchitects,1735 New York Avenue,N.W.,Washington,D.C.20006 B141-1987 10
Holshouser & Associates �
' 219 N. CLARK AVENUE
ARCHITECTURE • CONSULTING • PLANNING ' CAPE GIRARDEAU, MO. 63701
September 28, 2001
City of Cape Girardeau
401 Independence Street
P O Box 617
Cape Girardeau Mo 63702-0617
Re: Request for Proposals
for Seismic Resistance Structural Engineering Services
for Fire Station 1
Cape Girardeau, Missouri
Attn: Mr. Walter Denton, Assistant City Manager
I appreciate the opportunity to res'ubmit our proposal for the seismic structural engineering
for the above referenced projects.
My proposal includes the work of EQ� Structural Engineers Division of ABSG Consulting,
Inc. (ABS Consulting), as my structural consultant. I have enclosed a copy of EQE's
proposal to me for your review. Our total fee for Fire Station No. 1 is $20,000.00, which
includes EQE's fee.
The following is a scope of our work, which is in addition to EQE's as outlined in the
attachment:
1. Provide copies of my file documents, required by EQE for their analysis
including original calculations, shop drawings, and record
drawings/specifications.
2. Have floor plans and structural drawings converted into AutoCAD format.
3. Preform as-built field measurements and provide digital photos of structural
and non-structural elements for EQE.
4. Provide architectural, mechanical, ptumbing, electrical bidding documents as
required for structural improvements.
5. Provide seismic improvements for non-structural elements as identified by
EQE.
6. Furnish Two (2) sets of contract/bidding document for Owner approval.
EXHIBIT "A"
l314) 3346422
Page 2
City of Cape Girardeau
Proposal Fire Stations 1 & 4
9-28-2001
Additional Services:
Additional services including distribution of bidding documents to contractors,
required addendums, bidding evaluation, and inspection services of the project are not
included in the above proposals, but can be provided at a later date. List of additional
services as noted on EQE's proposal would apply for all services on this project. Hourly
rates for my time for extra services is $65.00/hour and $45.00/hour for my CAD/Draftsman.
The above costs are valid for a period of 30 days from date of proposal. Our billing will be
done on a monthly basis for a percentage of work completed. Invoices will be payable
within thirty days.
We anticipate that we can complete the seismic, retrofitting, construction documents by the
end of this year. A more detailed schedule for completing the work can be established
once we are authorized to proceed.
If this proposal is acceptable, I can prepare an AIA Agreerrient for review and signatures.
t�Ut�►FEru�u���,
If you have any questions, please call. `������P��pF ��Ss�l�%��
.
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� ; THOA�AS C:• '•,��;
_�: HDLSHOUSER ;�_
Sincerely ��;. NUMBER .;� ;
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Thomas C. Holshouser, AIA
TCH/fmh
enc. ABSC/EQE Letter, September 28, 2001, pages 1 thru 5.
Copy: EQE/ABC, Letter only
�
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�►BS Consu iti ng
ECtE STRUCTURA�EIJOINEERS DMSION
Septeznber 28,2001
Mr.Thomas C.Holshouser, AIA
Holshouser&Associates
219 N.Clark Avenue
Cape Girardeau,MO. 63701
Subject: ,Revised Proposal tv Provide Structural Engineering Setvices for ihe Seismic
Re�rafit of Fire Station 1 in t�ke City of Cape Girardeat�
Proposal No.: STLQI-2I4h
Deaz IVir.ziolshouser:
The EQE Stzuctural Engineers Dz�ision of ABSG Consulting Inc (ABS Consslti.�g�is
pleased to present this proposal to provide scructuraZ engir�eering services foz the subject
p:oject. Belovv is ouz understandiz�g of the project along with our Scope of Work and Fee.
Deacriptian af Prajee:
In generai,the projects involve the development of construrtion docu,-nents f�z the seismic
zetront of the Fire Starion T for tne City oi Cape Girardeau.
Scope of Work
' The foliowing pz'oposed scope of woxk reflecLs ouz understanding of wark as outlined ist the '
Request for Proposais for the seiszruc anaIysis and retrofit of rire Stations No. � and 4 in the
City oE Cape Gizardeau. Our work genezall}�consists of structural analysits and retrofit
design foz t�ie fire 6tations,stzuctural CAD drawings,and speci.fications. Tkis propasat is fur
the d.�veloprnerst of retroftf corestruction daeuments fnr Ffre Station No. 1 oniy �'he deveiopment of
retrofit construttion dncurnents fvr Fere Stateon IJa. 4 is not inctuded within tlre st.ape aj wark of this
yroposal.
VVe propose to use the most current seismic analysis and ze�ofit guidelines published by the
Federal Emezgency Management Agency (FEMA).
pur proposed scope of work is as follows
1. EQE will review avazlable soil reporta and geotechztical investigations for the site. If
uiformation is not available,EQE may recommend that a local geotechr►ical
consultant be retained to determined NEHRP soil type to Ue used in the sezsmic
evaluarion for each building site.
ABSG Ceecuking Inc. • 18aa LaWnantl Hill Parkway • St.Louts, MO 83t46 U9A • Tel:3�4-99aJ007 • Fex:31a-994•0722 =�"�
www.abscont ul Nn�.com
EXHIBIT "A"
__. - __ __- __ __ '._ '_'__ ..�.. ��.���.�.�-.��...�.r.� � r�rx ua
. , ,'
Se�tember 28,2001
Mr.Thomas Holshousez
Pege 2
2. Using the new ground motion maps from the"1997 NEHRP Recammended Provisions
for Seismic Regulations for New Buildings ,and the regression equations fzvm FEMA
356,provide probabilistic estimate6 of grownd accelezabton6 versus earthquake
zetum period.
3. Review structural and arcllitectural dzawings for the sti�ucture to understand veztical
and lateral load-resisting rystems. Determine the actual latezal load-resisting system
for the building based on this review. .
4. Walkdown the structuze to confirm that the str-uctwe confarnzs to the drawings,nate
obvious changes or as-bui�t conditions important to the lateral resistance,and note
conditions o£building materiais. Note unreiniorced masonry partitions,
construction,general populahon,etc. Non-structural items wnich may izzipact the
operability of the fire station immediately following an earthqua�e will be noted.
5. Develop a se�ismic strengthening scheme for the stzuC.l::e using experier�ce on past
pzojects,engineering judgment and the requi�zements of FEN�A 356. S��gthening
measures will be developed ior the appropriate FEMA 35d Pertormance Obje�tive.
Tlne performance objeciive will be detertnixted itn conjunction wittt the City of Cape
Girardeau.
6. Perfozm calculations to dernonsixate the adequacy of the selected systems and size
elernents/measuzes of the sh'engthening plans.
i. rrepaze constructivn drawings of thE retrafit measures in Au:oCAD 2000 format
suitabie for bidding and constructiort.
8. Make on szte visit to praz�de fiel�trerification�f the seis�rsc reuo::t 32tails,
9. Ptovide technica�specifi�a;ons:or struc�ural parts o:t�';e p.oject_
10. Issve 1 set of our progress drawis�gs dui�g tt'se design as requesteu�+y yau fo:
coordination purposes.
i1. Issue nec�ssary documents (sealed s:ructura!calculations a.�sd�'raLvings}fo:�e.:n:;
submittal6.
Additional Service6
Addihonal Services includes all services that are not part of�the Scape of V4'ork as des�ribed
above. This includes those services that arise as a result of urtforeseen circums:ance6 during
the design ox construction of the groject and w:Il require addi�o:ial fee. Ty-pical::ezns
included in Additional Services are as follows:
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Septembez 28,2001
Mr.Thomas Holshonser
Page 3
a. Services resulting from changes in scope ar rnagnitude of the project as described
and agzeed to under the Scope o�Work,including additional field vasits.
b. Sezvxces related to the preparation of cortstruction do�ument for the retrofit of
Fire Stati.on No.4.
c. Structural design services related to secor►dary-componerits and thei:
attachments.
d. Redesign to reduce construct�ion cost where tkie reason for�e excessive cost is
outside the control of ABS Consulting.
e. Redesign requested to accammodate pa:ti�ular constzuction�aterials,:nethods,
or sequences diffesent frozn those assumed in this proposal.
f. Services resuIting from�orrections or revisions required because of deviatxons
from the Contract Documents duzing construchon by the Contxactor.
g. Services necessitated by fire o:other damage to�onsttuction.
h. Demolit'ton dra��ings.
i. Services in connection with a public hearing,axbitration, �r Iega:pzoceedings.
j. 4nswering contzattpz o��ity of Cape Girardeau qse5ti�ns�uring bi.a.�ing and
the preparation of addenda. �
k. Reviewing shop d�awing subrrti:taLs fa.st:ucr.;:a:related pa:t�of the groje�:.
i. Responding to wrztten Requests for Iru`orma:ion f:or.t the Gene.�l Co�tracto:. ,
m. Revietijing proposed alterna�.les or substit�•ztions:hat are submitte�by the
CoAttrac�or in accordance witk^,p:oje�t specificztion requzre:z�e�s.
n, Site visits during constru�tior�flf the seis.-nic re�o:i:tc review general
coriformance of ftie work witn construcnon documents and to become famiiiar
w�ith the progress of tl�e work.
o. The desig7n or seismic retrafit of no.�-strutturaI e:eme.^.ts.
p. Development or review of cost estimates for any part of.khe retrofit work.
L:\PRaP�SAL\2001\S0:214b.doc/SfL
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' .•
September 28,2001
Mr.Thomas HoLshouser
PagE 4
Required Infarmativn
Prior to beginning w�ork,the following shall be supplied to ABS ConsultiF►g:
a. A signed eopy of this proposal.
Cost and �chedule
We propose to perform the above Scope of Work for each of the selected fire stations for a
Fixed Fee of$16,000(Sixteen 7housand Dollazs)
The abvve fee include reimbursable costs atEributable to the performance of our work such
as drawing reproducrion,express deliveries,photo development,az�d txavel miles to the site
and meetings. No Additionai Services will be performed without your priar approval.
The above cosfs are valid for a period of 30 days from the date o:this proposal,afte:�ti�hickt
ABS Consulting reserves the zight to retain ar modify them to reflect chan�ng econoau�
conditions. Attached is a copy of ottr standard Terms and Conditions. If the Ter�a axtd
Conditions are not attached,plea6e notify us immediately b�cau8e they are an integza2
part of this ietter proposal. You�vill be bilied on a rnonthly basis for the percentage of
completion;invoices are payable net 30 days,
VJe anticipate that we can complete the seisznic retrafit constrt�ction 3ocuments by the end
ox thits calendar year. fi nnore detai3ed scnedule tar completirtg the work can be established
once���e are aut�orized to proceed.
L�\PR�POSAL\2002\502214b.doc/STL
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• . ��
Septezr►ber 28,2002
Mz.Thomas Holshouser
T'age 5
Please sign and rehun one copy of this letter proposal to acknowtedge yaur understandirtg
of ouz Cost6 and Terms and Conditions and to autnorize us to proceed. Plezsse calt the
undersigned if you have any questions regarding this propQsal.
Sincer�ly,
AB Cansultin c.
r � -p�
athan C.Gould,D.Sc.,P.E.,S.E.
TechniCal Manager
Enclosure: Terrns and Conditions
rl,ccepted for Holshousex& Aesociates
sy:
�r�ti�:
Da:e:
pnnpA p9/2(t/Rt 10�L5 A.M.
L:\rnOPOSAt\2001\SOi214b.doc/5TL