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Contract 1697
~ ]55- ectron]c orrnat Standard Form of Agreement Between Owner and Architect for a Small Project 1993 SMALL PROJECTS EDITION BECA125E THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, WE ENCOI2RAGE YOU TO CONSL1LT WITH AN ATTORNEY BEFORE SIGNING IT. SOME STATES MANDATE A CANCELLATION PERIOD OR REQLIIRE OTHER SPECIFIC DISCLOS1.LRES, INCLLIDING WARNINGS FOR HOME IMPROVEMENT CONTRACTS, WHEN A DOCUMENT SUCH A5 THIS WILL BE USED FOR WORK ON THE OWNER'S PERSONAL RESIDENCE. YOLLR ATTORNEY SHO12LD INSERT ALL LANGUAGE REQLIIRED BY STATE OR LOCAL LAW TO BE INCLL1DED IN THIS AGREEMENT. SHCH STATEMENTS MAY BE ENTERED IN THE SPACE PROVIDED BELOW, OR IF REQUIRED BY LAW, ABOVE THE SIGNATLIRES OF THE PARTIES. ALITHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCLIMENT MAY BE MADE BY L1SING AIA DOCUMENT D40~. Copyright © x993 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without the written permission of the AIA violates the copyright laws of the Llnited States and will subject the violator to legal orosecution. This AGREEMENT is made: December 30. 2002 (Date) BETWEEN the Owner: Gity of Golumbi{t Hoight$ 590 - 40th Ave NE Golumbia Heights MN §5421-383§ Phone; 763-706-3600 Fax: 763.706.3601 and the Architect: Bonestroo. Rosene. Anderlik & Associ~te~, Inc. 2335 Highway 36 West St. Paul MN 55113 Phone: 651-636-4600 Fax: 651.636.1311 for the following Project: Huset Park Master Plan. See Appendix A. The Owner and Architect agree as follows. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES The Architect shall provide architectural services for the project as detailed in Article 7., inc!udk:g nc. rmal =tractural, mechanical and .~.~.. apprcval-of thc dc=..n ~" ": .........~' ......... :^- n .........Lndicating rcquircmcnt= Y~o~-c-onsmac4ion- © 1993 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2CX)O6-5292. AIA DOCUMENT B155 - OWNER-ARCHITECT AGREEMENT--SMALL PROJECTS EDITION - AIA® - WARNING: Unlicensed photocopyin8 violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: columbia hts park master plan.aia -- 1/8/2003. AIA License Number 1119959, which expires on 9/2/2003. Electronic Format B155-1993 1 :1-.2 n...;-. ,~.. r- ........ :^- Phazc, '~'~ A.~.: ..... ~'"" act-~ '~'~ ~ ..... '~ repro;chi;tire ~_~ provide administr;tion~ '~- ARTICLE 2 OWNER'S RESPONSIBILITIES The Owner shall provide full information about the objectives, schedule, constraints and existing conditions of the project, and shall establish a budget with reasonable contingencies that meets the project requirements. The Owner shall furnish surveying, geotechnical engineering and environmental testing services upon request by the Architect. The Owner shall employ a contractor to perform the construction Work and to provide cost-estimating services. The Owner shall furnish for the benefit of the project all legal, accounting and insurance counseling services. ARTICLE 3 USE OF ARCHITECT'S DOCUMENTS Documents prepared by the Architect are instruments of service for use solely with respect to this project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall not reuse or permit the reuse of the Architect's documents except by mutual agreement in writing. ARTICLE 4 TERMINATION, SUSPENSION OR ABANDONMENT In the event of termination, suspension or abandonment of the project, the Architect shall be equitably compensated for services performed. Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and is sufficient cause for the Architect to either suspend or terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days' written notice if the other party substantially fails to perform in accordance with the terms of this Agreement. ARTICLE 5 MISCELLANEOUS PROVISIONS 5.1 This Agreement shall be governed by the law of the location of the project. 5.2 Terms in this Agreement shall have the same meaning as those in AIA Document A2o5, General Conditions of the Contract for Construction of a Small Project, current as of the date of this Agreement. 5.3 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to this Agreement. Neither party to this Agreement shall assign the contract as a whole without written consent of the other. 5.4 The Architect and Architect's consultants shall have no responsibility for the identification, discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the project site. ARTICLE 6 PAYMENTS AND COMPENSATION TO THE ARCHITECT The Owner shall compensate the Architect as follows. 6.1 The Architect's Compensation shall be: (Indicate method of compensation.) For Basic Services as detailed in Section 7.1. a lump sum fee of $19.467 which includes Reimbursable Exponse$ of $673. Additional Services authorized by the Owner (such as meetings attended by the Architect in excess of thoro idontified in Basic Services) will be paid for by the Owner on an hourly basis plus expenses, in accordance with Appendix B. of which an initial payment retainer of Zero dollars ($ 0.00 ) shall be paid upon execution of this Agreement and shall be credited to the final payment. © 1993 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20OO6-5292. AIA DOCUMENT B155 - OWNER-ARCHITECT AGREEMENT--SMALL PROJECTS EDITION - AIA® - WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: columbia hts park master p[an.aia -- 1/8/2003. AIA License Number 1119959, which expires on 9/2/2003. Electronic Format B155-1993 2 6.2 The Architect shall be reimbursed for expenses incurred in the interest of the project, plus an administrative fee of percent ( %) (List reimbursable items.) See Appendix B. 6.3 If through no fault of the Architect the services covered by this Agreement have not been completed within six ( 6 ) months of the date hereof, compensation for the Architect's services beyond that time shall be appropriately adjusted. 6.4 Payments are due and payable upon receipt of the Architect's invoice. Amounts unpaid thirty-one (31) days after invoice date shall bear interest from the date payment is due at the rate of 3/4% _Der month ( 3/4% per monm ), or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Uaury 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 principd places of business, the location of the Pro/ect and elsewhere ma)' affect the validity of this pwvision. ) 6.5 Architectural Services not covered by this Agreement include, among others, revisions due to changes in the scope, quality or budget. The Architect shall be paid additional fees for these services based on the Architect's hourly rates when the services are performed. ARTICLE 7 OTHER PROVISIONS (Insetl descriptions of other serwces and modifications to the terms o£this Agreement.) S~e page 4. This Agreement entered into as of the day and year first written above. (l£required bylaw, insert cancellation period, disclosures or other warning statements above the signatures.) OWNER - Ci_ty of Columbia Heights. MN (Signature) ARCHITECT- Bonestroo. Rosene. Anderlik & Associates. Inc. Julienne W,yC~off, Mayor (P~qnted name, dtle ~td-~em) Walter Fehst, Manager (Printed name. title) Marvin L. Sorvala~ President (Printed name, dee c. nd :ddre~) © 1993 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20OO6-5292. AIA DOCUMENT B155 - OWNER-ARCHITECT AGREEMENT--SMALL PROJECTS EDITION - AIA® - WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: columbia hts park master plan.aia -- 1/8/2003. AIA License Number 1119959, which expires on 9/2/2003. Electronic Format B155-1993 3 Article 7 Other Conditions or Services, AIA B155-1993 The provisions of this Article shall take precedence over all other inconsistent provisions of this Agreement. 7.1 Architect's Responsibilities. Architect's Basic Services include the following: Project Initiation Conduct a kick-off meeting with City Staff to confirm the scope and identify planning issues and needs. (This could include the Park Commission). Attend a public information meeting with Huset Neighborhood Group and interested Columbia Heights citizens to get their initial thoughts and ideas for the park. Task 1 m Site Inventory Inventory Existing Physical Conditi0ns":-ViSit'U~: p:roJ~ct sitel complete a photo inventory, and document pertinent information in the project area regarding the physical environment, as a tool for the analysis and design process. - Review Background Material -- Available background material and past studies relating to the project area will be reviewed and evaluated to identify pertinent data for the project. Prepare Project Area Base Map -- Prepare design backgrounds of the project site that accurately depict site features to serve as basis for design. Owner will provide an electronic format survey base of the site. Should an additional topographic survey be required, it can be provided by Architect as an Additional Service. Task 1 Deliverables: < Summary of project background materials < Project area base map Task 2 - Site Analysis .~ :~ . . ~ Evaluate Field Data -- Field data will be evaluated to identify features and forces that affect the project area, including such things as existing site features, existing vegetation, soil erosion, stormwater run-off, utilities, and signage. Prepare Site Analysis Plan -- Prepare a'Site analysis plan depicting critical issues and site forces, and document site features and how they may influence the design efforts to follow. Task 2 Deliverables: < Site Analysis Plan < One meeting with City Staff and Park Commission Task 3 - Design Alternatives for Master Plan Prepare Desi,qn Alternatives -- Prepare three design alternatives for Huset Park based on information gathered and analyzed in Tasks 1 and 2, and on the City and Park Commission review process. Prepare Preliminary Cost Estimates -- PrePare generalized cOst estimates for each of the design alternatives. Present Desi.qn Alternatives -- Present design alternatives at an open house, or other format, to the City Staff, Park Commission, the Huset Neighborhood Group and residents. A variety of media, including electronic presentations and detailed sketches, may be used to convey the design alternatives and to solicit input. J:WIKTV~GR\Columbia Hts A1 088 Huset Master Plan.doc 4 7.2 7.3 7,3,1 7.3.2 7.3.3 7,3.4 Task 3 Deliverables: ~ < Two meetings with City Staff and Park Commission < One open house meeting with Huset Neighborhood Group and residents < Three design alternatives · < Preliminary cost estimates for all three alternatives Task 4 - Final Master Plan Prepare Final Master Plan -- Incorporate comments into a preferred design alternative, update cost estimate, and provide recommendations for implementation, financing and phasing. Presentation and Reviews -- First, present the final master plan to City Staff and the Park Commission, then present to City Council for approval. Task 4 Deliverables: < One 24" x 36" rendered site plan and additional renderings created throughout process (not to exceed three total). < Three copies of other documents used throughout the master Plan process. < One meeting with City of Columbia Heights Park Commission, final review and presentation. < Presentation of master plan to City Council for approval. Meetings Summary There are five meetings with City Staff and Park Commission during the master plan process. There are two public meetings for the Huset Neighborhood Group and residents so they can review the plans and provide input, and one meeting with the City Council for presentation and approval. Owner's Authorized Representative Owner designates Kevin Hansen as its authorized representative, who is authorized to act on the Owner's behalf with respect to the Project. Dispute Resolution All disputes between Owner and Architect arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencing arbitration or litigation. If mediation is unsuccessful, all such disputes shall be decided by binding arbitration in accordance with the then-most current Construction Industry Rules of the American Arbitration Association. The arbitrators will not have jurisdiction, power or authority to consider any claim or dispute when the claim is made after the date when a court action would be barred by any applicable statute or period of repose or limitations. If Architect or Owner intends to assert a claim against the other as a result of a dispute with a third party, the claiming party shall notify the other party as soon as possible, and in any event prior to resolving the dispute with the third party. So that any claims of Owner may be intelligently addressed by Architect, Owner agrees to make no claim for professional negligence against Architect unless Owner has first provided Architect a written certification signed by an independent professional licensed in Minnesota and currently practicing in the same discipline. The certification shall specify every act or omission of Architect that is a violation of the applicable standard of care and the basis for the certifier's opinion(s). This certificate shall be provided no fewer than 30 days prior to instituting any legal action or arbitration. In the event of litigation or arbitration arising from or related to the services provided under this Agreement, the prevailing party is entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees and other related expenses. J:\MK']AAGR\Columbia Hts A1 088 Huset Master Plan.doc 5 7.4 7.4.~ 7.4.2 7.5 7.6 Insurance Architect agrees to maintain a professional liability insurance policy, insuring payment of damages for legal liability arising out of the performance of professional services for the Owner if such legal liability is caused by negligent acts, errors or omissions of the insured or of any person or organization for whom the insured is legally liable and responsible, to an amount of not more than $2,000,000 for each claim, subject to a limit of $2,000,000 annual aggregate, on a claims- made basis. Such insurance cannot be canceled until thirty days after Owner has received written notice of the insured's intention to cancel the insurance. Architect shall maintain: 1) Statutory workers compensation and employers' liability insurance coverage. 2) Comprehensive general liability insurance coverage and automobile liability coverage in the sum of not less than $1,000,000 per policy. insurance Limitation Of Liability Architect's liability to Owner for any and all claims, losses, expenses or damages arising out of the Project or this Agreement from anY cause including but not limited to the Architect's negligence, errors, or omissions shall not exceed the amount of fee paid to Architect under this Agreement. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Standard of Care The Architect's services shall be performed in accordance with those usual and customary standards of professional care, skill, and diligence which are at the time of performance of services under this Agreement commonly followed by design professionals performing the same or similar services in the locale in which the Architect's office is located. J:\MK'IRAGR\Columbia Hts A1 088 Huset Master Plan.doc 6 Appendix A Project Description ~-~ Project Understanding With 28 acres, Huset Park is the largest and most popular of the Owner's ("City's") 14 parks. Throughout the years, Huset Park has suffered from a lack of maintenance, age, and over use, and it has not been extensively updated in 30 years. Existing amenities are: < two play areas (one which is updated for ADA Accessibility) < 5 baseball/softball fields- 2 lighted < an 1890's skating rink < volleyball courts < lighted basketball courts; and lighted tennis courts in unusable condition .~ bocce ball and horseshoe courts ~ a wading pool < warming house < a picnic shelter, and < four parking lots [i~i~ Project Approach The park's overall existing use will not change, although site planning is intended to improve the spatial planning and use of this park. Improvements that will be looked at in the master plan process are: play area upgrades with age groupings, a look at the current wading pool and continued use or alternate water play use, picnic shelter/picnic open areas, pedestrian trails with connections to City trail system, ball field reconstruction, youth soccer, youth football and amenities to compliment the uses of Murzyn Hall. Appropriately handling stormwater runoff is an issue due to the flat grades within the park. A "big-picture" approach to evaluating the site's hydrology will allow Architect to identify those areas that may accommodate ponds internally. It is important to address'this issue and handle a planned pond as a stormwater detention pond and park amenity. Key issues for master planning the City's Huset Park include: < Current recreational needs m Identify the needs of area residents, City Staff 'Vision" and the Park Commission; evaluate facilities already available to meet those needs, and look at long-range acquisitions and determine options. < Analyzin,q the quality and adequacy of current utilities -- This evaluation should identify the characteristics of existing park utilities and any issues, problems or concerns that affect them. .< Inte.qratin,q the new with the existin.q to remain -- The new site amenities, screening the industrial corridor, and stormwater ponding must be carefully considered to blend with features that will remain. < Priority Phasin.q - Developing Huset "West" as a priority over Huset "East;" developing park amenities vs. field development. < Public Involvement- City residents and park neighbors have an interest in the recreational and passive uses of Huset Park and should be actively involved in its evaluation and development. A park identity may be appropriate, keeping in mind the integration of the total park system. ,< Short- and Ion.q-ran,qe facility development and mana.qement --Prioritize facilities and activities to be developed both in the short and long term. This includes looking at the quality of equipment installed and including their maintenance costs in the City's CIP. < Costs --Estimate the preliminary costs for the proposed facilities. J:\MK'rV~GR\Columbia Hts A1 088 Huset Master Plan.doc A-1 Appendix B 2003 Billing Rate Schedule Classification Hourly Rate Range Senior Principal $110.00 - $150..00 Principal 106.00 - 131.00 Proiect Manager I Planner 102.00 - 126.00 Registered Engineer/Architect/Landscape Architect I Senior GIS Designer 90.00 - 109.00 Project Engineer/Architect/Scientist/Landscape Architect 80.00 - 96.00 GIS Specialist I Senior Designer 76.00 - 92.00 Graduate Engineer/Architect/Scientist/Landscape Architect 74.00 - 90.00 Senior Draftsperson 66.00 - 77.00 Draffsperson 61.00 - 72.00 Project Technician 41.00 - 49.00 Senior Field Supervisor 82.00 - 99.00 Field Supervisor J Senior Crew Chief 74.00 - 87.00 Senior Inspector 67.00 - 78.00 Inspector I Crew Chief I Senior Technician 63.00 73.00 Technician 46.00 54.00 GPS Survey Equipment 30.00 Total Station Equipment 25.00 GIS Workstation Equipment , 20.00 GPS Submeter Unit (per half day) 50.00 These rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and Associates, Inc. J:\MK'lSAGR\Columbia Hts A1 088 Huset Master Plan.doc B-1 2003 Schedule of Reimbursable Expenses 81/2" x 11 "Black and White Copies $0.03/page 1 l"x 17" Black and White Copies $0.05/page 81/2" x 11" Color Copies $1.25/page 11" x 17" Color Copies $1.25/page Color plots: 36" by < 36" (standard paper) $5.00 each Color plots: 36" by < 72" (standard paper) $8.00 each Blue Print Copies cost plus 10 percent Reproducible plots: 36" by < 36" (Mylar) $10.00 each Reproducible plots: 36" by < 60" (Mylar) $16.00 each Reproducible plots: 22"x 34" (paper) $3.00 each Color plots 60" by < 36" (hi-gloss paper) $17.00 each Color plots 60" by < 72" (hi-gloss paper) "'' $32.00 each Large format plots 24" by < 36" (sheet bond) $1.50 each Large format plots 24" by < 72" (roll bond) $2.50 each Mileage (Auto) $0.41/mile Mileage (Field Truck) $0.45/mile Total Station Survey Equipment $25.00/hour Software Surcharge (per hour of computer time) $1.00/hour GIS Workstation Charge $20.00/hour GPS Survey Equipment Charge $30.00/hour GPS Submeter Unit Charge $50.00/half day Long Distance Phone Calls at cost Cellular Phone Service at cost ~leals and Lodging at cost Engineer's Consultants cost plus 10 percent %stage and Deliveries at cost Survey Stakes at cost )ther Direct Project Expenses at cost These rates are adjusted annually in accordance with the normal review 3rocedures of Bonestroo, Rosene, Anderlik and Associates, Inc. J:\MKT~GR\Columbia Hts A1 088 Huset Master Plan.doc B-2