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Contract 2075
2075 AIA Document B141/Crblcc This document is irzteraded to be rased in conjunction u'itl3 C6~e 199? editio3zs of AIA Docu~ne~nCS B801/C,~~Ica, Alol/Crl~1~ ar2d A?01/C;LIcz. AGREEME[VT made as of the Third day of March in the year of (ln~rorcts.i,zctiuuedgt~.mauvmutt'ear.) TWO Thousand and Eight (2008) E~ETV1/EEN the Owner: City of Columbia Heights t.~~emea,adadcr,-ess~ 590 40th Avenue Northeast Columbia Heights, MN 55421-3878 and the Architect: Buetow and Associates, Inc. (.\•tnrteunta~tcrcr,'ctl,rJ 2345 Rice Street, Suite 210 St. Paul, MN 55113 for the following Project: (!„dtt~le ch7ui/cd descrt(>aiou u)' Project. R,icNlt,n, uddns rrv,d .;cn/,e.) The design of anew Public Safety Building to house Columbia Height's Fire Department and Police Department. The building will have approximately 39,000 square feet of floor area and will be located on the south end of the NEI site bounded by: 41st Avenue and 42nd Avenue, Jackson Street and west of Central Avenue on property owned by the City. The Construction 1~Ianager is: (,b',[rur u,rd rrdilreti:+') To be determined. The Owner and Architect agree as set forth t~elo~v t:ul>prit;ht I`t-;, Iutin• .y' (~lu! he Thc:\ mrrir:m Instinln• nl \rchitcrtn, I"'ii V~~c 1'url~ .\t ciulr, V.\C' . \C'.[tihintun. U t:. !unn(,-; '~)!. Krltru~lu~ [inn ut !hc mars rial Itcrcin ~n'>ub.,lanli:ll ~tuntali~nt nl its Itnn'i+iuns ~citltuut !hr o'riurn h~•nnisiun ul thr .\L\ ciul.i[r, the rnl,cri~ht I:nc+ of the (ni[ed titaR•s .uhl kill ,uhjrrt the ~ inl.iwr o ~ Icpal pru.rrutiun. AIA DOCUMENT B141;CMa • t,\C'\I{If:\Kt.lll'I'I~.CI' :\U IfPa•:}It•:\'I' t'.c~~~!'Itl C"I'IuX \L\~.\t{I~.It~ ~~~~/~~ \I ti I~I[It ffltl'I-It t~ • I'!'t' (il}I~Ilttti • 11.i" I't`,_ • I~I Ib:.1?.tf.Rlt:\\ Ra'I~I'(~I 'I'L: t)P \Rt~lll'1'lil:'I'~. ;~ ~~. _'_~~-_ t';; \f\C' }uRl~ :\\P.~:I li. ~\v. :C'\~tIIXt;It)\, Ul, _uuu~~.~."_ WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to Iega1 prosecution. 8141/CMe-1992 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 AQf`I-IITCf T'C C]CCF]flnlCiRi1 ITICC AlIV1~11LV1 V IIL.VI VIVVIVIL11 il~V 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's ser•,~ices consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agree- ment and any other services included in Article 12. 1.1.2 The Architect's services shall be provided in conjunc- tion with the services of a Construction A4anager as described in t17e edition of AIA Document B801/Ci`4a, Standard Form of Agreement Between Owner and Construction Manager, current as of the date of this Agreement. 1.1.3 The Architect's services shall be performed as expedi- tiously as is consistent with professional shill and care and the orderly progress of the Work. The Architect shall submit for the Owner's approval and the Construction Manager's information 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 and Construction Manager'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 ex- ceeded by the Architect or Ov.'ner. 1.1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph ]1.>.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those de- scribed in Paragraphs 2.2 through 2.6 and any other ser- vices identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineer- ing services. . 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual under- standing of such requirements with the Owner. 2.2.2 The Architect shall review with the Owner and Con- struction IvIanager proposed site use and improvements; selec- tion of materials, building systems and equipment; and methods of Project delivery 2.2.3 The Architect shall review with the Owner and Con- struction Manager alternative approaches to design and con= structiori 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 Docu- menu consisting of drawings and other documents illustrat- ing the scale and relationship of Project components. 2.2.5 At intervals appropriate to the progress of the Schematic Design Phase and mutually agreeable ro the Owner, Construo- tion R4anager and Architect, the Architect shall provide schenr atic design studies for the Owner's review and the Construc- tion Manager's information. 2.2.6 In the further development of the drawings and speci- fications during this and subsequent phases of design, the Architect shall be entitled to assume the accuracy of the esti- mates of Construction Cost which are to be provided by the Construction Manager under the Construction It4anager's agreement with the Owner. 2.2.7 Upon completion of the Schematic Design Phase, the Architect shall provide dra~~ings, outline specifications and other documents for the Owner's approval and the Construc- tion Manager's information. 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 Design Development Documents for the Construction Man- ager's review and the Owner's approval. The Design Develop- ment Documents shall be based upon data and estimates prepared by the Construction Manager and shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural, structural, mechanical and electrical s}'stems, materials and such other elements as may be appropriate. 2.3.2 At intervals mutually agreeable to the Owner, Construc- tion Manager and Architect, the Architect shall provide draw- ings and other documents which depict the current status of design development for the Owner's review and the Construc- tion Manager's information. 2.3.3 Upon completion of the Design Development Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Construc- tion Manager's information. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments authorized by the OR~ner in the scope or quality of the Project or in the construction budget, the Architect, utilizing data and estimates prepared by the Construction Manager, shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction.of the Project..:. .~, _ 2.4.2 At intervals mutually agreeable.to-the Owner; Construc- tion Manager and Architect, the Architect shall provide Draw= ings.~and Specifications for the Owner's and the Construction Manager's review:;' ~ . , " - " " _ 2.4.3 Upon completion of the Construction Documents Phase, the Architect shall provide. Construction Documents for the Owner's approval and the Construction Manager's information.. AIA DOCUMENT 61Ci/CMa OWNERARCHITECT AGREEMENT • CONSTRUCTION MANAGER- ADVI5Eft EDITION • 1992 EDITION •AIA° • ©1992 • THE AtdERICAN INSTITUTE OF ARCHITECTS, - 1735~NEW; YORK AVENUE,. N,W: WASHINGTON, D.C. 20006-5292 • t°dARNING: Unlicensed photocopying- violates U.S.: copyright laws and will subject the violator to legal prosecution. Si41/CMa®992 2 2.4.4 The Architect shall assist the O~',~ncr ;tnd Construction Manager in the preparation of the necessary bidding infor- mation, bidding forms, the Conditions of the Contracts, and the forms of Agreement bet«-een the Owner and the Con- tractors. The ,4rchitect shall assist the Construction Manager in issuing bidding documents to bidders and conducting pre- bid conferences with prospective bidders. The Architect, with ... rrt., ., .,~~~ oh~ll r~c,~nt~r9 i!1 the aSSlStance OI IftC l,Ultitiuuiwi ~~•••••^ ^~~r~^-- -- questions from bidders, and shall issue addenda. 2.4.5 The Architect steal] assist the Owner and Construction Manager in connection with the Ovv=per's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Ov.'ner's approval of the Construction Documents and of the Construction Manager's latest estimate of Construction Cost, shall assist the Construc- tion ?Manager in obtaining bids or negotiared proposals and assist in preparing contracts for construction. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility ro provide Basic Services for the Construction Phase under this Agreement commences ~-ith the av,•ard of the Contract for construction and terminates at the earlier Of the issuance to the Owner Of the final Project Certificate for Payment or 60 days after the date of Substan- tial Completion of the \fiYOrk. 2.6.2 The Architect shall provide administration of the Con- tract for construction in cooperation with the Construction Manager as set forth below and in the edition of AIA Docu- ment A201/CMa, General Conditions of the Contract for Con- struction, Construction A~anager-Adviser Edition, current as of the date of this Agreement. 2.6.3 Duties, responsibilities and limitations of authority'of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractors and the Construction Manager, which consent shall not be unreasonably withheld. 2.6.4 The Architect shall be a representative or" and shall advise and consult with the Owner (1} during construction until final payment to the Contractors is due, and (2) as an Additional Service at the Owner's direction from time to time during the correction period described in the Contracts for Construction. The Architect shall have authority to act on behalf of the Ov.=ner only to the extent provided in this Agree- ment unless otherwise modified by R=ritten instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or a:, otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the \X~ork is being performed in a manner,indicating that the Work when completed will be in accordance ~=ith_ the Contract Documents. Ho~eyer,~'tYfe; Architect shall not be required to _make exhaustive `or cori- tinuous on=site inspections to check tYie quality or quantity of the Work. On the basis of on-site observations as 'an architect, the Architect shall keep the Owner informed of the progress and quality of the Work; and shall endeavor to guard the Owner against defects grid deficiencies'in the 3 ~i41/CMS°992 \?:'ark. (.More eti7ertsit~e site represc~ntutiun Wrap he ctsrc~ed 1v as art .additional Service, as desa-ibed in Paragraj~lt j.?.) 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection «=ith tl7e `~k~ork, since these are the Contractors' responsibility under the Contracts far Can- . t_„ . r;hta Fnr the C'nn- SII-LI CIIan. I ne f11-C171teCt ~llail 11i~~ vc i%Span... ~..... •~-- -••- ___. tractors' schedules or failure to carry out the ~~~ork in accor- dance With the Contract Documents. The Architect shall not be responsible for the performance by t17e Construction A7an- ager of the services required by the Construction Manager's agreement w=ith the Owner. The Arc]itect shall not have con- trol over or charge of acts ar omissions of the Contractors, Subcontractors, or their agents or employees, or of an}T other persons performing ser~'ices or portions of the \'t'ork. 2.6.7 The Architect shall at all times have access to the ~}Jork ~a-herever it is in preparation or progress. 2.6.8 Communications by and with the Architect's consul- tants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of each Contractor's Application for Pa}'lment, the Archi_ tect shall review and certify the amounts due the respec- tive Coltractors. 2.6.9.1 The Architect's certification for payment shall con- stitute arepresentation to the O~%ner, based on the Architect's observations at the site as provided in Subparagraph 2.6.7, On the recommendations of the Construction Manager and on the data comprising the Contractors' Applications for Pay- ment, that, to the best of the Architect's knowledge, infor- mation and belief, the Work has progressed to the point indi- cated and the quality of the work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the ~9ork for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor devia- tions from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Pas°ment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. 26.9,2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quan- tity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment Or (4) ascertained how or for ~=hat purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.10 The Architect shall have authority, after notification to the Construction Manager, to reject Work u=hick does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority, upon written authorization from the Owner, to require additional inspection or testing of the. Work in accordance with the provisions of the. Contract Documents, whether or not such Work is fabricated, installed or com- pleted. However, neither this authority of the Architect: rior a decision made in good faith either to exercise or not to exer- ise such authority shall give rise to a duty or responsibility AIA DOCUMENT B141IChAa OWNER-ARCHITECT AGREEMENT • CONST:RUC710N MANAGER- ADVISER EDITION • 1992 EDITION • A]A° • 01992 • TI IE.SMERICAN INSTITUTE OF ARCHITECT'S, 1735•NEW: }'pRK' AVENUE, N.W., WASHINGTON, D.C. 20006-529'- • W,4RNING: Unlicensed photocopying violates U.S: copyright lav~3 and vulil subject the violator to legal prosecution. of the Architect to the Cansu-uction ;\laiiager, Contractors, Suhconuactol-s, material and equipment suppliers, their agents or employees or other persons performing portions of the \SJork. 2.6.11 The Architect shall review and approve or take other appropriate action upon Contractors' suUl7;ittals such as Si7op Drawings, Product Data and Samples, but on]}~ for the limited purpose of checking for conformance ~~~ith information given and tine design concept expressed in tine Contract Documents. T17e Architect's action shall be taken ~-ith such reasonable promptness as to cause no delay in the Contractors' l`t-brk or in construction Uy the Ora°ner's o~~~n forces, ~a bile allow-ing sufficient time in the Architect's professional judgmern to per- mit adequate reviel~%. Revieva of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or perfor- mance of equipment or s}-stems designed by the Contractat-s, all of n,-hich remain the responsibility of the Contractors to the extent required by the Contract Documents. The Archi- tect's reviev<r shall not constitute approval of safer}% precau- tions or, unless otherwise specifically stated by the Arcl7irect, of consu-uction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of ~%hich the item is a component. \';'hen professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled ro rely upon such certification to establish that t17e materials, s}-stems or equipment «%ill meet the performance criteria required by the Contract Documents. 2.6.12 The Architect shall revie«% and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Construction 1~4anager for the Owner's approval and execution in accordance with the Contract Documents. 2.6.13 The Architect may authorize minor changes in \X~ork not im%olving an adjustment in a Contract Sum or an exten- sion of a Contract Time which are not inconsistent. with the intent of the Contract Documents. Such changes shall be effected by written order issued through the Construc- tion ;`4anager. 2.6.14 The .Architect, assisted by the Construction A~anager, shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Architect shall forte%ard to the Owner warranties and similar submittals required by the Contract Documents which have been received from the Construction 1\4anager.-The Architect shall issue a final Project Certificate for Payment upon com- pliance with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Ov,%ner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with, the intent of and reasonably inferable from the Contract Documents and shall,be in writing or in the form of drawings: When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful per- formance by both Owner and Contractors, shall not show par- tiality to either; and shall not be liable for results of interpreta- tions or decisions so rendered in good faith: •-° 2.6.17 ~'he .4rrhitccts decisions on matters relating to aesthetic effect shall be final if consistent «~ith the intent expressed in the Contract DOCUmc°nTS. 2.6.18 The :architect shall render written decisions «%itl:in a reasonable tine on all claims, disputes or other matters in question l~et«~een the O«-ner and Contractors relating to the execution or progress of the \a~ork as provided in the Con- tract Documents. 2.6.19 Tl;e Architect's decisions on claims, disputes or other matters, including those in question between t17e Ov.%r7er and Contractors, except for tl7ose relating to aesthetic effect as pro- vided in Subparagraph 2.6.77, shall be subject [o arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 T17e services described in this Article ~ are not included in Basic Services unless so identified in Article 12, and they shall Ue paid for Uv the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The ser- vices described under Paragraphs 3.2 and 3.4 shall on1}% be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Sen=ices in Paragraph 3.3 are required due to circumstances beyond the Architect's control, t17e Architect shall notify the 0~-ner 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 Con- tingent 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 mare extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives roassist in car- rying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sared therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of ALA Document 8352 current as of the date of this Agreement, unless otherwise agreed. - 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further pro- tection 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: •r' ~ ,.•µ. ,, .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made nec- essary by adjustments in the Owner's program or Proj- ect budget;.:.:-;:: ,- .: , . '- .. _... _.. _ ___ AIA DOCUMENT 6147/CMa OWNERARCHiTECT AGREEMENT, • CONSTRUCTION MANAGER- ADVISER EDITION • 1992 EDITION • AIAm, • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS, I735• NEW YORK AVENUE;: N.W., WASHINGTON,. D.Ci- 20006.5292 • WARNING: Unlicensed photocopying v(olates U.S~ copyright, laws Viand +n+iil subject the: violator to legal prosecution. 6~41/CRKa~1992 . ~ .2 requested by the O«'ner because the Construction Manager's estimate of Construction Cost exceeds the O«mer's budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; .3 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .4 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, changes in size, qualit}=, complexity, the OR=per's ar Construction Manager's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.3• 3.3.3 Preparing Drawings, Specifications and other documen- tation 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 sub- stitutions proposed by Contractors and making subsequent revisions to Drawings, Specifications and other documenta- tion resulting therefrom. 3.3.5 Providing consultation concerning replacement of ~:%ork damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the termination or default of the Construction A4anager or a Contractor, by major defects or deficiencies in the \~%ork of a Contractor, or b}= failure of performance of either the Owner or a Contrac- tor under a Contract for Construction: 3.3.7 Providing services in evaluating an extensive number of claims submitted by a Contractor or others in connection with the Work. 3.3.8 Providing services in connection ~=ith a public hear- ing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequen- tial bids ar providing services in connection a=ith bidding; negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authori- ties or others having jurisdiction aver the Project. 3.4.5 Providirg services~ielative 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 veril}' the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by the Ora=per's own forces and coordination of services re- quired in connection a>ith construction performed and equip- ment supplied by the Ov.~ner. 3.4.9 Providing services in connection w=ith the a=ork of separate consultants retained by the Oa=ner. 3.4.10 Providing estimates of Construction Cost. 3.4.11 Providing detailed quantit}= surveys or invenrories of material and equipment. 3.4.12 Providing analyses of ow=ning and operating costs. 3.4.13 Providing interior design and other similar services required for ar in connection with d7e selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant ar rental spaces 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of exist- ing facilities. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construc- tion based on marked-up prints, drawings and other data fur- nished by Contractors. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, prepara- tion of operation and maintenance manuals, training person- nel for operation and maintenance, and consultation dur- ing operation. 3.4.18 Providing services after issuance to the Owner of the final Project Certificate for Pa}=meat, or in the absence of a final Project Certificate for Pa}=rnent, more than 60 da}=s after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions 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 furnished in accordance with generally accepted architectural practice. 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 based on consultation with the Construction Manager and the Architect,-which shall include the Construc- tion Cost, the Owner's ottie_r costs and reasonable contingen- cies related to all' oP fhese costs. r ~ ` • ~ - - ~ ~ • ~- 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 Agreemert:•_'. +,. . AIA DDCUMENT 8141/CMa Ou'NER-ARCHITECT AGREEMENT CONSTRUCTION M.ANAGER- ADVISER EDITION • 7992 EDITION • AIA~ • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735.NE~; YORK• AVENUE, N.W., WASHINGTON, D.C: 20006-5292. • VdARNING: Unlicensed 5 B14'~/C~-'1982 photocopying violates U.S. copyright laws and will subject the violator to, legal prosecution. ___~.__._._,:..,.o,....._-_m,-^-_-a.~,..-..,.r.-.~...-r--,.._.~.,.-,-r,N,-.~, .,.,.,..~....~-~--~,M..,,a<.-..-....- ~.,..,.-.,...~e«»,.,~-r--~~7-~-•~ .~;~7z- x.~,.~=u~--^ 4.4 The Owner shall designate a representative authorized ro act on the Ovmer's behalf with respect to the Project. The Owner or such authorized representative shall render deci- sions in atimely 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 Tire Owner si~aii retain a corlstntctiun manager to adl-,iii,- ister the Project. The Construction Manager's services, duties and responsibilities will be as described in the edition of AlA Document B501/C;<4a, Standard Form of Agreement Between Owner and Construction Alanager, current as of the date of this Agreement. The Terms and Conditions of the Agreement betv~jeen Owner and Construction Manager shall be fur- nished to the Architect and shall not be modified without writ- ten consent of the Architect, which consent shall not be unreasonably withheld. The Architect shall not be responsi- ble for actions taken by the Construction Manager. 4.6 The Owner shall furnish surve}'s describing ph}'sical characteristics, legal limitations and utility locations for the site of the Project, and a written Legal description of the site. The 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, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- sions 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, including inverts and depths. All the informa- tion on the survey shall be referenced to a Project benchmark. 4.7 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, and ground corro- sion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.7.i The Owner shall furnish the services of other con- sultants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4.8 The O~jner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and ern~irontnental tests, inspections and reports required by law or the Contract Documents. 4.9 The Owner shall furnish all legal, accounting arid insur- ance counseling services as may be necessary at any time for the Project, including auditing services the Ov,~ner may require to verify the Contractor's .gpplication for Payment or to ascer- tain ]low or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.10 The services, information, surve}~s and reports required by Paragraphs 4.6 through 4.9 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.1i Prompt written notice shall be given by,the Owner to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project or non- conformance~with the Contract Documents. 4.12 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the .4rchitect for review and approval at least 14 days prior to execution. The Owner shall not request certifi- cations that would require knov.~ledge or services beyond the scope of this Agreement. 4.13 TI}e Owner shall furnish the required information and services and shall render approvals and decisions as expedi- tiously as necessary for tine orderi}~ progress ~f the Arc.i;iic~i's services and \'i~ork of the Contractors. 4.14 The O~=ner shall furnish the Architect copies of writ- ten communications with the Construction Manager and Contractors. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.i.1 The Construction Cost shall be the rota] cost or esti- mared cost to the Owner of all elements of the Project designed or specified by the Architect. ' 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the O~zner and equipment designed, specified, selected or specially pro- vided for by the Architect, plus a reasonable allowance for the Contractors' overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market con- ditions at the time of bidding and for changes in the \X~ork during construction. Construction Cost shall also include the compensation of the Construction Manager and Construction Manager's consultants. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of--way, financing or other costs v~~hich are the responsibility of the Owner as provided in Paragraphs 4.1 through 4.4 and 4.6 through 4.14. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.i The ,4rchiteet's review of the Owner's Project budget and of preliminary estimates of Construction Cost or detailed estimates of Construction Cost prepared by the Construction Manager is solely for the Architect's guidance in the Archi- tect's preparation of the Construction Documents. Accor- dingly, the Architect cannot and does not warrant the accuracy of the estimates of the Construction Manager, or warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construc- tion Cost or evaluation reviewed by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement. .3 In the event tharthe Construction Manager's esti ' or th west bona fide bid or negotiated propo eceived by the Ow exceeds the Owner's b t: for. reasons other than those cribed in P raph 3.3, the modi- fication of Contract Do s shall be the limit of the Architect's responsi .The ~ 'tect shall be entitled to compensatio accordance with t areement for all servic rformed whether or not the Con tion Phase ommenced. ~ . , . .. .. ~' AfA DOCUf~RENT 8141/Cf~ia • OWNER:ARCHITECT AGREEMENT • CONSTRUCTION MANAGER- ADVISER EDITION ®1992 ED1T10N ®ALA° > ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,' ii35 NEW 5'ORK AVENUE:; N.W., WASHINGTON,' D.C: 200D6_5292 WARNING: Unlicensed photocopying violates U.S. copyright, laws and, will subject the;, v(olator, to legal prosecution; 1341/Ct~Ta-1992 6~ ,~° . ARTICLE 6 ARTICLE 8 USE OF ARCHITECT'S DRAWINGS, TERMINATION, SUSPENSION OR SPECIFICATIONS AND OTHER DOCUMENTS ABANDONMENT 6.1 T17e Drawings, Specifications and other documents pre- 8.1 Thls Agr~ement may be terminated by either party upon pared by the Architect for this Project are instruments of the not less than : ~ ~~ days' ,a°ritta~ nonce: should the other part}' Architect's sen-ice for use solel}= with respect to this Project fail substantially to perform in accordance w=ith the terms of -~~,~ ,,,,1r~~¢ nnc~ rwise urovided, the Architect shall be deemed this Agreement through no fault of the party initiating the author of these documents and shall retain all common the termination. law, statutory and other reserved rights, including the copy- g,2 if the Project is suspended by the O~a•ner for more than right. The Ov,~t7er shall be permitted to retain copies, including ~ consecutive days, the Architect shat] be compensated for reproducible copies, of the P.rchitect's Dra~xings, Specifics- services performed prior to notice of such suspension. h;~hen bons and other documents for information and reference in the Project is resumed, tl;e .Architect's compensation shall be connection with the Ownet's use and occupancy of the Proj- equitabl}= adjusted to provide for expenses incurred in the ect. The Architect's Dra~>ings, Specifications or other docu- interruption and resumption of the Architect's services. ments shall not be used by the O~~•ner or others on other proj- . ects, for additions to this Project or for completion of this 8.3 This Agreement may be terminated by the Owner upon Project b}= others, unless the Architect is adjudged to be in `~ not less tha days' titi~ritten notice to the Architect in default under this A~Treement, exec t b}~ agreement in ~-~-riting ~vra e event that the Project is permanently abandoned. If the and ~°ith appropriate compensation to the Architect. Project is abandoned by the O«=ner for more than 90 con- secutive days, the Architect may terminate this Agreement btu 6.2 Submission or distribution of documents to meet official giving Written notice. regulatory requirements Or for similar purposes in connec- 8.4 Failure of the Oy~~ner to make payments to the :4rchitect tion with the Project is not to be construed as publication in accordance with this Agreement shall he considered sub- in derogation of the Architect's reserved rights. stantial nonperformance and cause for termination. 8.5 If the Owner fails to make pa}-ment ~=hen due the Archi- ARTICLE 7 rect for services and expenses, the Architect may, upon seven A~ days' written notice to the O~a~ner, suspend performance - ~_` ARBITRATION ~~'~. services under this Agreement. Unless pave-t- m full is received by the Architect w=ithin d'a}=s of the date of the 7.1 Claims, disputes or other matters in q estion between the notice, the suspension shall take effect without further notice. parties to this Agreement arising o• tt~r'rof or relating to this In the event Of a suspension of services, the Architect shall ~; ~.~ Agreement or breach thereof be subject to and decided have no liability to the Owner for delay or damage caused by arbitration in accordance with the Construction Industry the Owner because of such suspension of services. "` ~ Arbitration Rules of the American Arbitration Association cur- rently in effect unless the parties mutually agree otherv~=ise. 8.6 In the event of termination not the fault of the Archirect, the Architect shall be compensated. for services performed !' 7.2 Demand for arbitration shall be filed in writing with the prior to termination, together ~=ith Reimbursable Expenses then due.~€~xallx~x~xix~~1~~~~f~~4t~>~ other party to this Agreement and with the American Arbitra- ~~~~~~ tion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute Or other mat- 7 Termination Expenses are in addition to compensatio ter in question has arisen. In no event shall the demand for for sic and Additional Services, and include expenses w ich arbitration be made after the date when institution of legal are dir ly attributable to termination. Termination eases or equitable proceedings based on such claim, dispute or other shall be c uted as a percentage of the total co pensatlon matter in question would be barred,by the applicable statutes for Basic Serv sand Additional_Services ea ed to the time of limitations. of termination, a ollows: i .1 T~=el7t}= percent the total co ensation for Basic and 7.3 No arbitration arising out of or relating to this Agreement Additional Services rned date if termination occurs shall include, b}= consolidation, joinder or in any other man- before or during the design, site analysis, or Sche- rer, an additional person or entity not a part}= to this Agree- matic Design Phan or meat, except by written consent containing a specific refer- ,2 Ten percent o- the total com sation for Basic and ence to this Agreement signed by the Owner, .Architect, and Additions] rvices earned to date Ife~mination occurs any other person or entity sought to be joined. Consent to durin¢ ae Design Development Pha • or arbitration involving an additional person or entity shall not .3 F' percent of the total compensation f Basic and constitute consent to arbitration of any claim, dispute or other .Additional Services earned to date if terminatio occurs matter in question not described in the a>ritten consent or during any subsequent phase. R=i.th a person or entity not named or described therein. The j foregoing agreement to arbitrate and other agreements to - ~~ arbitrate with an additional person or entity duly consented ARTICLE 9 to by the parties to this Agreement shall be specifically enforce- MISCELLANEOUS PROVISIONS able in accordance, with applicable law in any court having - `~jui'isdictiori' thereof.. ~ ~ : " ~ ' "~' 9.1 ~"Unless otherwi e~provided, this Agreement shall be goy- - " ,,.',:'. " ' ~ erred by the law of the place where the Project is located. 7.4 .The award rendered by the arbitrator or arbitrators shall be final, and judgment may be'entered upon it in accordance 9.2. Terms in this Agreement shall have the same meaning with applicable law in any court having jurisdiction thereof. as those in the edition of AIA Document A20I(CMa, Gen- -. _ _. ~. i AIA DOCUMENT 8141/CMa OWNER-ARCHITECT AGREEMENT CONSTRUCTION MANAGER- ADVISER EDITION • 1992 EDITION • .41A® • ©7992 • THE AMERICAN INSTITUTE Of ARCHITECTS, _ .7735 NEW~.YORK`AVENUE, N.~. WASHINGTON, D.C' 20006.5292 + WARNING: Unlicensed ? `~ 6141/CMa-j9g2 photocopying violates U.S. copyright laws and will subject the"violator to legal prosecution. cral Conduit}ns c}1 the Conu:act li7r Cunsuuction, t:c3nsiru_c- tican Alanas~er-.Adviser Edition, currant as of the date of t17is .Agreement. 9.3 Causes of action be;t\\-ecn the parties to tl?is Agreement pertainin; to acts or failures to :act shall ire decm~d to h:n'e' accnaed and the applicable statutes cif limitations shall com- ,,,,>t,ce to nm not later than eider the date of Sul.~st:u~tial Cc>mplction for acts or failures to act occw~rir,ti prior to Suhstanti:a] Completion. or the date cif issuance of the final Project Certificate for Payment for acts or failures to act occur- ring after Substantial Completion. 9.4 The Owner and ,architect \vaiVe all rights against each other and .against the Construction ?tlanager. Contractors. and the consu]rtnts, agents and employees of any of them for damages, but only ro the extent covered h\' propert}' insurance Burin;; consu-uction, except such rights as they may Kaye ro the proceeds of such insurance as set forth in the edition of aIA Document A201/C;v9a, General Conditions of the Contract for Construction. Consn~urtiot7 '\9an:ager-Ad\-iser L•dition, cur- rent as of the date of thas Agreement. 1'he O\~~ner and Architect each shall revolve similar ~yaivers from their Construction ~lanagcr, Contractors, consultants, agents, and persons or en- tities a\a-arded sep:u-are contracts administered under the O\\~ner's o\a'n forces. 9.5 The O\-~•ner and Architect, respecti\°elV, bind themsel\-es, their partners, successors, assigns and legal representatives to the other parry to this Agreement and to the partners, suc- cessors, assigns and legal representatives of such other patty v~'id7 respect to all cor-enants of this .Agreement. ;~teither O\\~ner nor .Architect shall assign this Agreement \~-ithout the \\~ritten consent of the other. 9.6 This Agreement represents the entire and inregrated agree- ment ben~~een the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by writ- ten instrument signed by both O\','ner and :'architect. 9.7 Nothing contained in this Agreement shall create a con- tractual relationship with Or a cause of action in favor of a third part}= against either the C~~ner or Architect. 9.8 Unless ather\a~ise provided in this Agreement, the Archi- tect and Architect's consultants shall Kaye no responsibility for the discovery, presence, handling, removal Or disposal of or exposure of persons to hazardous 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 representa- tions 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 in writing of the specific information considered by the Owner to be confidential or proprietary. The Ovaner shall provide profes- sional credit for the Architect on the construction sign and in the promotional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct sala- rie o1'tl}c Architects personnel engaged on thu Project :and th~~ n~>rt;nn c>f the cost of their mand:Iton' and customar\• con- uihutions and benefits related thereto, such as cmpio}a,7cnt laze s and other srttutory employee benefits, insurance, sick leave, holidays. Vacations, pensions :and similar contributions :ind benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Rcimhursahle Exl7enscs :u-e in addition to compensa- tion fc;r Basic and Additional Services and ia;cludc expenses inctarrrd by the ,-Architect and Archite:ct's employees :and con• sultants in the interest of the Project, as identified in the follon°ing Clauses. 10.2.1.1 Expense of transportation in connection vv-ith the Project: e?:penses in connection \a'ith authorized out-of-ro\~~n travel; long-distance communications: and fees paid for sceur- in~~ a}?proVal of authorities ha\'ing jurisdiction over the i'roject. 10.2.1.2 Expense of reproductions, postage, express deli\-- cries, elecn~onic facsimile transmissions and handling of Drava-- ings, Specifications and other documents. 10.2.1.3 If authorized in advance br• the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderintis, models and mock-ul>s request- ed by the O\~'ner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liabilin= insurance, requested b}' 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 equip- ment time \~~17en used in connection ~°ith the Project. 10.3 PAYMENTS ON ACCOUNT ©F BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum pa~•ment under this Agreement. 10.3.2 Subsequent payments for Basic Ser\>ices shall be made monthl}=and, a=here applicable, shall be in proportion to ser- \•ices performed within each phase of service, on the basis set forth in Subparagraph ]1.2.2. 10.3.3 If and to the extent that the time initiall}= established in Subparagraph ]I.~.l 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 Subpara- graph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions Of the Project are deleted or otherv,=ise not constructed, compensation for t170se portions AIA DOCUMENT 6141/CMa O\\'NER-ARCHITECT AGREEMENT CONSTRL'CT10N MANAGER- AD\=ISER EDITION • 1992 EDITION • AtA° • ©1992 • TIiE.4A4ERICAN INSTITUTE OF ARCI-iITECTS, I'35 NEW YORK AVENUE, N.\U., \~=ASHINGTON, D.C. 20046-5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. R741/CMa~~992 8 of the Project shall be payable to the exu•nt scr\•ires are performed on those portions, in accordance \~•ith the schedule set forth in Subparagraph 11.2.2, based on (1) the lo\a~cst bona fide bids or negotiated proposals, or (?) if no such bids or proposals are mceived, the most recent estimate of Constric- tion Cost prepared by the Construction ?Manager for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDIIIUNAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Pa~-ments nn account of the ArchitLCt's Additional Ser- vices and for Reimbursable Expenses shall be made month]}' upon presentation of the Architect's starement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the ,Architect's corn- pensation on account of penalty, liquidated damages or other sums withl7cld from pa}•n7ents to Contractors, or on account of the cost of changes in the Av7ork other than those for v~°hich the :'<rcl7itcct has been found to be liable. n nn[.~[-r r_nr+c nnnn[[n[rtnic RC!'n []IlC iv.u r+n~.,[u[~..~..[ ..~ revvva~,e,,,a... ~~~.....~,.... 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and ser\-ices performed on the basis of a nniitiple of Direct Personnel E:q;ense shall be a\•ailable to the O\a~ner or the O\\•ner's authorized represen- tatl\'e at 177Utt1a11V COn\'C'nlCni ISmC'_s. ARTICLE 11 BASIS OF COMPENSATION The O\a~ner shall compensate the Architect as follov~-s: 11.1 .AN INITIAL PAY;~IENT of Dollars (~ - - - - - -) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SE-R\']CES, as described in Article ?, and any other services included in Article l3 as part of Basic Services, Basic Compensation shall be computed as follo\~-s: (/nsc°rf basis of rompea.talio~~, indudi»g stipulated st+ms. ~aulliples ar percentrages- «ud rdeiuif`p pL~asc~s to [rbi[h pcn7in~lar mr[L~nds uj cnm/uat,caliun apple: ,j nrccssur~c) A Lump Sum Fee of $640,250 (6 1/2~) up to a project cost of $9,850,000. 11.2.2 lX%here compensation is based on a stipulated sum or percentage of Construction Cost, progress pa~-ments for Basic Services in each phase shall total the following percentages of the total Basic Compensation pa}'able: (hi.rert adrlilio~tal phases as appropria~e) Schematic Design Phase: $128, 250 1~~-`t'f--~~) Design Development Phase: $118,000 1~'~T~--~'~') Construction Documents Phase: $298, 000 pzrcerrr-~--~f-) Bidding or Negotiation Phase: $30, 000 Fe=c-~;-;-t-1---~/~-} Construction Phase: $66, 000 gerR~r7~ f--~~) Total Basic Compensation: $640, 250 one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: • See Exhibit A AIA D~CUt~ENT 6141/CMa • O\ti'NE-32-ARCHITECT AGREEMENT CONSTRL!C7-lON A9ANAGI:R- ADVISER EDITION • 1992 EDITION • AIA° • ©1992 • THE Ah4EKIGAN INSTITUTE-OF ARC}31TLCTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 • 1'JARNING: Unlicensed photocopying violates U,S. copyright laws and well subject the violator to legal prosecution. 6141/CMa-1992 9 11.3.2 POIt ADDI'1-IONAi. 5L-R\'1CLS OF T]]E;:~RC]llTLC"I', as drscrihcd in Articles i and L2, crthcr than (1) Additional Project P.ehresentatiern, as cicscrihed in Para~~rahh i.2, and (?) services included in Article 13 as hart of Basic Scrvice.ti, but exciudin~ services cif consultants, compensation .;hall be combated ,ts folla~a's: (Irrsrrl hcr.,i.< uJ'~urnlrcusuiiurr. irrcludAt,S rrNCC rmdnn- nnrliiplrs uf'Dirrel l'rr:cnrrnrl 1.=sprusr,lirr I'rincil~nle nrrd rnr/i/n7'rr~s-. Hurl irhortil;l' 1'riuri/ur/s arrc! ~IassiJj~ rnr/rlut~r~:c, ij'rr~prire'd. l~h~nli/r~>/~e~-i/~it ~en'ia:c to «~hiib jrrn~tict+la~ nr~•il.-nrlcn% ~~;n;jrrnscrtiurr rr(~Jrit'. i( rrec~:cscrt.1:1 See Exhibit A 11.3.3 FOR .4DDITION.4L SERVICES OF CONSL'L7:4NTS, including additional structural, mechanical and electrical en~it~cer- ing services and those prOVided under Subparagraph 3.1.19 or identified in Article 13 :as part of Additional Services, a multiple of One ( 1 . 0 )tithes the amounts billed to the Architect for such serrices. (Idr°ruifl' -~'pec'i%ic h'pcs u/ iuu.cuNcnN.e Ar .-lriir'le 1?, rJ r'erlnirrd.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR RE1;~9Bt'RSABLE EXPENSES, as described in Paragraph 10.3, and an}• other items included in Article ]2 as Reimbur- sable Expenses, a multiple of One ( 1. 0 )times the expenses incurred by the Architect, the Architect's emplo~~ees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS Id<<~.~~ ~ ~' 11.5.1 IF THE BASIC SERVICES co~Tered b~- this Agreement hale not been completed within c~"'-^^" ( ~' ) months of the date hereof, through no fault of the Architect, extension of the ,4rchitect•s services be}'and that time shall be compensated as pro~~ided in Subparagraphs IU.3.3 and 11.3.2. 11.5.2 Payments are due and pa~•able Twenty ( 20 )days from the date of the Architect's invoice. Amounts unpaid Thirty ( 30 ) da}'s after the invoice date shall bear interest at the rate et;tered below, cr in the absence thereof at t17e legal rate prevailing from time to time at the principal place of business of the Architect. (Insert raie of interest agreed upa7.) (L'sur7~ lau:v mtd rt~grriremeni.c zrndcr the Federal Ti~zrtb in !_cnding Act, similar state ar7d loco! consumer re-edit lar~ s and other reSulatiuns ui 1be Uu rrer's and Archiieci's principal placer rjhrrsinecs, the locaiiun of the I'rnject and elseu~bere mat' alfect the r~aliditP of this prur•isiun, specific legal advice sburrld be ubiained with recpeu to deletion.t ur nmdificaiions, and also regarding re~uiren7eni.c such a.c u'ritien disclosures yr u~airers.) 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 8141/CP~a OV:'NF3R-ARCHITECT AGREEA,ENT CONSTRUCTION .1G1ANAGhR- ADVISER EDITION • ]992 EDITION • AlA® •'1993 > THE.ab1ERIG4N INSTITL'TE• OF ARCPIITECTS, ITiS NEW YORK AVENUE, NW., `ti'ASHINGTON, D.C. 30006.5292 WARNING: Unlicensed photocopying violates U.S. copyright lox's and will subject the violator to Iega1 prosecution. 8141/CMa-1992 'ja ARTICLE 12 OTHER CONDITIONS RO SERVICES (Insert desn'lptiurts u(nthersr+'rirr~a, rdrutiJt':tdditiuncrl ,Serr~itr'.r iu~Ardod tr'itlrin Rusin Cum/natcniinn, rrrrt! insrrt nxuli/'irutiuras lu 1Ge/rcrt'men! and rum/n'rr.ta- liun lerrrtr inch+drd in 1hi.e A,trc'c'nn'irl.J 12.1 Attendance at Planning Commission meetings and City Council meetings for approvals is included in Schematic Design Phase Services. 12.2 Basic Services include, Civil, Structural, Mechanical and Electrical Engineering design services and Fire Protection performance specifications. 12.3 This Contract does not include design services for soil correction engineering. 12.4 This Contract includes provisions for Owner-provided items including: fitrniture, fixtures, signage, office equipment, audio visual equipment, communications equipment, telephone systems or computer cabling and networking. It also include a furniture reference plan showing generic furniture, office equipment and AV equipment. Rough-ins for phone/data is included on electrical plans. 12.5 If required, Watershed District Engineering submittals and meeting attendance are Additional Services and will be provided as directed by the Owner and will be billed at applicable hourly rates per the attached Exhibit A. This Agreement entered into as of the day and year first Written abo~>e. OWNER ~ ~__ .. f ~ .r' ~ '` s / ' f `,r ,~ '` C r~ y (,Signatur-e)~ _ ~Ck.-1r~{ ~ f"t~~'YSO~ ~1 ~ttv- F~ F--a~s`E „} C i~ ~2 v (Printed walrme and tit! "~a t ~ ~ L~ --tl$ TECT ~~ ~ .. (.Sibnaturr) Randy L. ~ngel, Vice_President (Printed name and title) CAUTION: You should sign an original AIA document which has this caution printed in red. t 1 An original assures that changes will nat be obscured as may occur when documents are reproduced. e~-~ See Instruction Sheet far Limited License for Reproduction of this document. AIA DOCUMENT 6141/CMa O~~'NER-ARC1iITECT .4GR1:I:A4L"NT CORSTRLC710N MANAGI:R- AD~'ISER EDITION • 19)2 I:DI7-ION ~ .ALA° • ©1)92 ° 71iE.aML'iUCAN INSTITUTE OF ARCHITE~5, 1735 NEW S'ORK A1'L'NUE, N.W., l~'ASIIING7-ON. D.C. 20006-5292 WARNING: Unlicensed 8141/CPJIa-992 11 photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. i~~ 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 EXHIBIT A 2008 Rates Additional Professional Services are compensated at the following hourly rates (if applied): Principal $130 Project Manager $120 Project Architect $110 Project Designer $ 95 Drafter I/II $85/90 Secretary $ 55 Buetow and Associates' Reimbursable Expenses incurred on behalf of a project are as follows: Computer Plots Facsimile Transmissions Messenger Service Mileage Photo copying Postage Printing of Bid Documents Reproduction of Drawings $20.00 per sheet $2.00 per sheet at cost $.48 per mile $.15 per 8 1/2 x 11 sheet at cost at cost $3.00 per sheet tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com THE CITY COLD BIA EIGHTS I' LIC SAFETY CEl~TTE T ~'I~ELIlV111V Al~Y 13 ~.J i,GET ESTiiviA T E N SITE 1 T Cost Es ' ate ~ _ BA #0723', !. ~ Square ~ootabe.._ Description _ _._ - SF ~/SF Site Acquisition Costs and Site Demolition/Clean Up To be determined by the City Estimated Construction Costs Police and Fire Shared Spaces _ 8397 $210 $1,763,370 Police Station Office Areas _. _._. _ 1.0099 $210 $2,120,790 Police Station Crarage Areas 7500 $141 $1,060,778 Fire Station Office Areas 5942 $210 _._ .._.- $1,247,820 Fire Station Apparatus Areas 6768 $141 $957,242 $7,1.50,000 Site Work _ $800,000 Furniture $700,000 Data Technology and Telephone $600,000 Soil Borings, Testing, Professional Fees and Reimbursables $700,000 Construction Contingency $600,000 Public Safety Project Costs ~ $10,550,000 These potential building and site development costs are based upon Preliminary Design. The above information is based upon 2007 Estimated Costs. BUETOW & ASSOCIATES AN ARCHITECTURAL SERVICE COMPANY Pa e 22 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA 55113 TE<_EPHONE (6511 483-6701 ~~~ " ~ ``~ -- z , ~~ ~~ ; t- _ _ January 30, 2009 1 ~Ii ~tP~d ~ut-fi~ECT4~n~L SvRs~SC~S CoP~~~t~`l 2345 Rice Street S€~€te 21Q St. i~au€, hAinnesota 55113 City of Columbia Heights 590 40`h Avenue N.E. Columbia Heights, MN 55421-3878 Attention: Walt Fehst Re: Columbia heights Public Safety Facility BA #0806 Invoice #991.8-0806 ---------------------------------------------------------------------------------------------------------------- Statement of ADDITIONAL ARCHITECTURAL SERVICES rendered on the above referenced project per our contract dated March 3, 2008, letter dated January 5, 2009 and letter dated January 29, 2009: Lump Sum Fee $30,000.00 Work complete to date (100%} TOTAL AMOUNT DUE THIS INVOICE $30,000.00 BUETOW ~z ASSOCIATES, INC. $30,000.00 Payments are due and payable 20 days from the date of the invoice. Amounts unpaid 30 days after the invoice date shall bear interest at the rate of 1.5 % per month. Cc: Doc Smith - EDS tei 651 463-6701 fax 651 483-2574 www.buetawarch€teets.com __ ~ ~:~ `~6 r EC t ~~~ S~~i~I~ES GC1P~P~t~EY ~ - ~ ~ 2346 Rfce Street Sufte 2f4 St. f~auf, Ntlnnesota 66113 January 29, 2009 City of Columbia Heights 590 40~' Avenue Northeast Columbia Heights, MN 55421-3878 Attn: Mr. Walt Fehst, City Manager Re: City of Columbia Heights Public Safety Center Columbia Heights, Minnesota BA #0806 Mr. Fehst: On January 28th, we rnet to discuss our January 5th letter that had requested additional professional design fees, per contract, for the expanded size and scope of the Public Safety Center. Per the meeting discussions we agreed to reduce significantly our professional service fee request to $30,000. The prior request is withdrawn. As part of the above additional fee, we also agreed to include continued assistance beyond our contract on the furniture and gun range proposals. We value our continuing relationship and look forward to the successful completion of the Public Safety Center. Sincerely, ~ _ . David P. Olds, AIA Vice President Attached: January 5`h Letter tel 651 483-6761 fax 661 463-2574 www.buetowarch{tects.coen - [. .. _ _ ~ -_. ; January 5, 2004s }~~-~aq..i lJ r~,d~~~~.3 a'~C. 4~~~Et yr .. _, ;d..r.~u~i"m~iUi~,-.~_ti~~J~U~"u ~Cx.•~~W~NY 2345 ~lco S$ree$ ~uit~ ~i t'! fit. ~vrat, C•?#!nr€esc5~~ 55413 City of Calumbia Heights 590 40`h Avenue Northeast Calumbia Heights, IvIN 55421-3878 Atha: Mr. Walt Fehst, City Manager Re: City of Calumbia Heights Public Safety Center Columbia Heights, Minnesota BA x`0806 Mr. Fehst: On December 8, 2008, Council approved the Third Phase Consh•uction Contracts. With that approval, ninety percent of the project cost has been fixed. TI}e project cost, as presented by the Construction Manager, is $1 1,500,000. Our Professional Services Fee is based on a percentage of project cost in the Contract from Ma~•ch 3, 2008. The Contract was based on the square footage and budget estimate in the November of 2007 Study. 13elosv is a comparison fi•can the budget estimate in the Contract and now: Budget Estimate fi•om Sttidv (detailed version attached to this letter} Project Cost (34,000 Square Feet} $ 9,850,000 (amount in Contract) Soil borings, testing, professional fees and reimbursables $700.000 Total $10,550,000 Budget Estimate from Construction Manager dated December 5, 2004 (detailed version attached to this letterZ Project Cost (46,453 Square Feetj $ 10,600,000 Soil borings, testing, professional fees, reimbursables, bond cost, building risk insurance and fiber optics $900.000 Total $11,500,000 Project costs have increased from $9,850,000 to $10,600,000. Project costs have increased by $750,000. We anticipate that the project costs could still. drop. If about a third of the contingency was not spent, that would reduce the project cost increase fi•am $750,000 to $650,000. At this time, we believe it is conservative to say that the project cost has increased by $650,000. By Contract, ow• fee is 6 %°io of project cost. The project cost increase of $650,000 would relate to a $42,250 increase in professional service fee. ~%e propose to spread th°rs increase fee aver several billings in 2009. Please contact us if you have questions or concerns. We look forward to a continued successfiil project for the City of Calumbia Heights. Sincerely, ~'"_"`, Randy L. Engel, RA, AS ~ David P. Olds, ALA Principal in Ci~arge Vice Pa-esident 4eE 651 483-67p1 4ax 651 483-?574 c~srrvd.~ueY€s~w~rct~tfecf~.~~rn Fe'~~ruary 24, 2009 131~~~~W ~~1Q ~SSE~C~~TES ll~l~ r~~ ,~RCi~iT~e-r€sa~~ SERVICES cof,~~,~r~~° 2345 Rice Street Suite 2?0 St. Paul, tJtirtnesota 55113 City of Columbia Heights 590 40"' Avenue NE Columbia Heights, MN 55421-3878 Attention: Walt Fehst Re: Columbia Heights Public Safety Facility BA #0806 Invoice #9924-0806 ---------------------------------------------------------------------------------------------------------------- Statement of ARCHITECTURAL SERVICES rendered on the above referenced project from February 1, 2009 through February 24, 2009 per our contract dated March 3, 2008: Lump Sum Fee $640,250.00 plus reimbursables Schematic Design Phase $128,250.00 PAID Design Development $118,000.00 PAID Construction Document $298,000.00 PAID Bidding Phase $30,000.00 Work complete to date (100%} $30,000.00 Less billed to date 29,400.00 $ 600.00 Construction/Shop Drawing Phase $66,000.00 Work complete to date (46%) $30,360.00 Less billed to date 25,080.00 $ 5,280.00 Reimbursabies: Copies $ 9.75 FedEx 13.95 Mileage, 120 miles C 55¢/mile 66.00 Postage 32.63 Printing 150.00 Priority Courier 113.90 Winkler Reimb. 23.85 $410.08 TOTAL AMOUNT I}UE THIS INVOICE $6,290.08 BUETOW & ASSOCIATES, INC. $ 600.00 $5,280.00 410.08 $6,290.08 Payments are due and payable 20 days fram the date of the invoice. Amounts unpaid 30 days after the invoice date shall bear interest at the rate of 1.5 %a per month. Cc: Doc Smith - EDS tet 65i 483-6701 fax 651 483-2574 www.buetawarchitects.com a eG~~i' ~ ~ _Z ~ Grange order PROJECT: Columbia Heights Public Safety Center CHANGE ORDER NO: 1 825 41st Avenue NE Columbia Heights, MN 55421 INITIATION DATE: June 18, 2008 CONTRACT FOR: Architectural TO: CONTRACTOR: Buetow and Associates Services 2345 Rice Street, Suite 210 St. Paul, MN 551 i3 CONTRACT DATE: March 3, 2008 The Contract is changed as follows: Additional architectural and engineering services for Site ~7Jork Bid Package. $ 9,000.00 Reimbursables to reflect facsimiles to be reimbursed at $0.15 per page The original Contract Sum was $ 640,250.00 Net change by previously authorized Change Orders $ - The Contract Sum prior to this Change Order was $ 640,250.00 The Contract Sum will be (increased) ~~'°^'-°^°°~" ~~~~^'~^^rt°'" $ 9,000.00 by this Change Order in the amount of The new Contract Sum including this Change Order is $ 649,250.00 Ot7tiTNER City of Columbia Heights ADDRESS 590 40th Avenue Northeast Columbia Hei hts, Mkt 421 ,~ ~ ~ 6 rr BY ®_ ® '~ _ DATE - ~ f ~ _ ~, P BY ~_ ~ DATE ~ ~ ~~~-~'( ~~~ CC: EDS Builders, Inc. Change Carder PROJECT: Columbia Heights Public Safety Center CHANGE ORDER NO: 2 825 41st Avenue NE Columbia Heights, MN 55421 INITIATION DATE: October 23, 2008 CONTRACT FOR; Architectural TO: CONTRACTOR: Buetow and Associates Services 2345 Rice Street, Suite 210 St. Paul, MN 55113 CONTRACT DATE: March 3, 2008 The Contract is changed as follows: Additional architectural and engineering services far Bid Package 2. $ 8,433.75 Reimbursables to reflect facsimiles to be reimbursed at $0.15 per page The original Contract Sum was $ 640,250.00 Net change by previously authorized Change Orders $ 9,000.00 The Contract Sum prior to this Change Order was $ 649,25Q00 The Contract Sum will be (increased) 'a°^~°^^°a` '•~~~^'~^r^°~" by this Change Order in the amount of $ 8,433.75 The new Contract Sum including dais Change Order is $ 657,683.75 St.aul`N 55 3 t ~ ~~- 1 BY i DATE( "f ~;~ CC: EDS Builders, Inc. Change C?rder PROJECT: Columbia Heights Public Safety Center 825 41st Avenue NE Columbia Heights, MN 55421 CHANGE ORDER NO: 3 INITIATION DATE: November 4, 2008 TO: CONTRACTOR: Buetow and Associates 2345 Rice Street, Suite 210 St. Paul, MN 55113 CONTRACT FOR: Architectural Services CONTRACT DATE: March 3, 2008 The Contract is changed as follows: Additional architectural and engineering services for Bid Package 2. $ 3,155.00 Reimbursables to reflect facsimiles to be reimbursed at $0.15 per page The original Contract Sum was $ 640,250.00 Net change by previously authorized Change Orders $ 17,433.75 The Contract Sum prior to this Change Order was $ 657,683.75 The Contract Sum will be (increased) '~°^r°^°°-~"~~^^'^^^~°~" by this Change Order in the amount of $ 3,155.00 The new Contract Sum including this Change Order is $ 660,838.75 CC: EDS Builders, Inc. ,~-~~. _> Change f~r~er PROJECT: CoIurnbs'a Heights. Public Safety Center 825 4lst Avenue NE Colurrtbia Heights, MN 55421 TO: CONTRACTOR. Ivsuetaw and Associates 2345 Rice Street, Suite 210 St. Paul, MN 551 i3 CHAN4~E ORDER. NO: 5 INITIATION DF~TE: January 29, 2009 CONTRACT FOR: Architectural Services CONTRACT' DATE: March 3, 200$ The Contract is changed as folIaws: Additional architectural and engineering services includes costa 30,000.00 related to use of cantingency. The oz-iginal Contract Suzn was $ 640,250.00 Net change by previously autharized Change Orders $ 21,591.25 The Coy-sta-act Sung ps-iar to this Change C7rdea-was 66I,84I.2S The Cantraet Sum will be (increased] rya„^~n~„°~" r„°~^'~nn~®'" by this Change Order in the gaunt of $ 30,000.00 The new Caiitract Sum including this Change Order is $ 691,841.25 ~~ /f~ CC: EDS Biiil~rs, Inc TE; ._ C °~ ~=~ ,~~ t ARCHITECT Suetow anal Associates ADDRESS 2345 Riee Street, Suite 210 St. Paul, MN 55113 I3Y „~.' ~+ ~ id ~~ DATE ~, "r' ~ ..