Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract No. 2014-2566
2014 2566 lo-.- Document B102 TIM —2007 Standard Form of Agreement Between Owner and Architect without a Predefined scope of Architect's Services AGREEMENT made as of the 9 day of May in the year 2014 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Columbia Heights AIA standard form. An Additions and 637 38`h Avenue NE Deletions Report that notes added Columbia Heights, MN 55421 information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Architect: vertical line in the left margin of this (Name, legal status, address and other information) document indicates where the author has added necessary information LEO A DALY and where the author has added to or 730 2nd Ave. S deleted from the original AIA text. Suite 1100 This document has important legal Minneapolis, MN 55402 consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) City of Columbia Heights Library 820 40th Ave. NE Columbia Heights, MN 55421 Scoping and Construction Cost Development for a New Municipal Library The Owner and Architect agree as follows. AIA Document B102TM —2007 (formerly 13141 TM — 1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Init. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal / penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:51:54 on 05/09/2014 under Order No.9486584121_1 which expires on 01/05/2015, and is not for resale. User Notes: (1467435826) TABLE OF ARTICLES 1 ARCHITECT'S RESPONSIBILITIES 2 OWNER'S RESPONSIBILITIES 3 COPYRIGHTS AND LICENSES 4 CLAIMS AND DISPUTES 5 TERMINATION OR SUSPENSION 6 COMPENSATION 7 MISCELLANEOUS PROVISIONS 8 SPECIAL TERMS AND CONDITIONS 9 SCOPE OF THE AGREEMENT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The Architect shall provide the following professional services: (Describe the scope of the Architect's services or identify an exhibit or scope of services document setting forth the Architect's services and incorporated into this document in Section 9.2) Refer to Exhibit A. § 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 1.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. The LEO A DALY Representative will be: Cindy McCleary, Market Sector Leader. § 1.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability .2 Automobile Liability 3 Workers' Compensation .4 Professional Liability AIA Document B102T — 2007 (formerly B141TM —1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Init. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 2 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal / penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:51:54 on 05/0912014 under Order No.9486584121_1 which expires on 01/05/2015, and is not for resale. User Notes: (1467435826) ARTICLE 2 OWNER'S RESPONSIBILITIES § 2.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written 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. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 2.2 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 2.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall fixrnish copies of the scope of consulting services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 2.4 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 3 COPYRIGHTS AND LICENSES § 3.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service 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 reserved rights of the Architect and the Architect's consultants. § 3.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Sections 5.3 and 5.4, the license granted in this Section 3.3 shall terminate. § 3.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 3.3.1. AIA Document 81021 —2007 (formerly 8141 TM —1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Init. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal / penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:51:54 on 05/09/2014 under Order No.9486584121_1 which expires on 01/05/2015, and is not for resale. User Notes: (1467435826) § 3.4 Except for the licenses granted in this Article 3, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 4 CLAIMS AND DISPUTES § 4.1 GENERAL § 4.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 4.1.1. § 4.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in ALA Document A201 -2007, General Conditions of the Contract for Construction, if applicable. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 4.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 5.7. § 4.2 MEDIATION § 4.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 4.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 4.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 4.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 4.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction) [ ] Arbitration pursuant to Section 4.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction AIA Document B102Tm —2007 (formerly 8141 TM —1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Init. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 4 International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:51:54 on 05109/2014 under Order No.9486584121_1 which expires on 01/05/2015, and is not for resale. User Notes: (1467435826) [ ] Other (Specify) § 4.3 ARBITRATION § 4.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 4.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 4.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 4.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 4.3.4 CONSOLIDATION OR JOINDER § 4.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 4.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 4.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 4.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 5 TERMINATION OR SUSPENSION § 5.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. 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. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 5.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. AIA Document B102TM' — 2007 (formerly 81411 — 1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Init. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 5 International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:51:54 on 05/09/2014 under Order No.9486584121_1 which expires on 01 /05/2015, and is not for resale. User Notes: (1467435826) § 5.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 5.4 Either party may terminate this Agreement 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. § 5.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 5.6 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 Section 5.7. § 5.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 5.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 3 and Section 6.3. ARTICLE 6 COMPENSATION § 6.1 The Owner shall compensate the Architect for services described in Section 1.1 as set forth below, or in the attached exhibit or scope document incorporated into this Agreement in Section 9.2. (Insert amount of, or basis for, compensation or indicate the exhibit or scope document in which compensation is provided for.) See Exhibit A. Future exhibits to be fully incorporated upon signature of both parties. § 6.2 COMPENSATION FOR REIMBURSABLE EXPENSES § 6.2.1 Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out -of -town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery, .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock -ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project- related expenditures. § 6.2.2 For Reimbursable Expenses, the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of 0 percent ( 0 %) of the expenses incurred. § 6.3 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 5.5, or the Architect terminates this Agreement under Section 5.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of the Project as follows: To be negotiated, when needed. AIA Document B102Tm -2007 (formerly 8141 T — 1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Init. 1887, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 6 International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal t penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:51:54 on 05109/2014 under Order No.9486584121_1 which expires on 01/0512015, and is not for resale. User Notes: (1467435826) § 6.4 PAYMENTS TO THE ARCHITECT § 6.4.1 An initial payment of 0 ($ 0) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 6.4.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Forty-Five ( 45) 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 rate of monthly or annual interest agreed upon) 12 % Twelve Percent § 6.4.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 6.4.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 4.3. § 7.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 -2007, General Conditions of the Contract for Construction. § 7.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 7.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 7.5 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. § 7.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, 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 Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 7.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to AIA Document 13102"m —2007 (formerly B1411 — 1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Init. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 7 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal / penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:51:54 on 05/09/2014 under Order No.9486584121_1 which expires on 01 /05/2015, and is not for resale. User Notes: (1467435826) perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 8 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 9 SCOPE OF THE AGREEMENT § 9.1 This Agreement represents the entire and integrated agreement between the Owner and the 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. § 9.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B102-2007, Standard Form Agreement Between Owner and Architect (Paragraph deleted) .3 Other documents: (List other documents, including the Architect's scope of services document, hereby incorporated into the Agreement.) Exhibit A for Scope of Work. Additional services will be negotiated prior to execution and will be described in additional exhibits, signed by both parties to indicate acceptance, and made as an attachment and ful tncor rated into this agreement. This Agreement ered into Uday ar first written above. OWN ARC _.__... . ALI ( Signatur (Signature) Gary Peterson Randy S. Gould Mayor Vice President, Director of Operations (Printed name and title) (Printed name and title) (Signature) Walter R. Fehst City Manager (Printed name and title) AIA Document B102Tm —2007 (formerly B141111-1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Init. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and 8 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal / penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:51:54 on 05/09/2014 under Order No.9486584121_1 which expires on 01/0512015, and is not for resale. User Notes: (1467435826) PLANNING April 23, 2014 LED A DALY EXHIBIT A ARCHITECTURE Kevin Hansen, PE ENGINEERING Director of Public Works — City of Columbia Heights INTERIORS RE: Columbia Heights Public Library 637 38`h Avenue NE Columbia Heights, MN 55421 -3806 Subject: Proposal for Services — Project Scoping and Construction Cost Development for a EST. 1915 New Municipal Library ABU DHABI ATLANTA AUSTIN Dear Mr. Hansen: BEIJING BRYAN LEO A DALY is pleased to present this proposal to provide Professional Architectural & CHICAGO Engineering services to the City of Columbia Heights. If this proposal is accepted, please sign DALLAS one copy and deliver to LEO A DALY Architects and Engineers, retaining a copy for your records. DENVER This letter will serve as the contract between the aforementioned parties. FORT `,NORTH HONG KONG PROJECT GOALS & OBJECTIVES HONOLULU It is understood that the City of Columbia Heights desires substantive data on the potential HOUSTON construction costs for a new stand -alone library facility. The costs will be utilized to determine ISTANBUL the feasibility and financial requirements to execute a future project of approximately 20- 25,000 LAS VEGAS GSF over a single level. In order to develop this cost projection, a deeper confirmation of the LOS ANGELES project scope, building size, building systems, materials, general building layout and general MIAMI site layout is required. The following additional information will be utilized toward the MINNEAPOLIS development of this work: Moscow OMAHA PHOENIX • In 2013, LEO A DALY performed a library needs assessment which identified the SACRAMENTO idealized square footage and library needs recommended to serve this community. The SAN ANTONIO assessment will be utilized as the basis of the library building program (program = the SAN MARCOS list of spaces to be included in the building and their respective sizes). As the square TAMPA footage of the library may adjust slightly to accommodate the selected site, the 2013 TIANJIN building program will be updated to reflect the site specific conditions (which may WACO include a slightly reduced overall square footage or modified proportion of spaces); WASHINGTON, DC WEST PALM BEACH • Prior to the execution of the work, the City is procuring and will provide to LEO A DALY copies of Soils Borings reports of the selected site including the Geo Technical recommendation for footing and foundation systems; • Prior to the execution of the work, the City is procuring and will provide to LEO A DALY copies of a legal ALTA survey of the selected site indicating the current property boundaries, below grade / above grade utilities, curb cuts, easements and the other similar aspects which may affect the site layout and development costs. SCOPE OF BASIC SERVICES LEO A DALY'S Basic Services for this work includes preliminary Architecture, Engineering and site assessment and Cost Estimation Services, as follows: 730 SECOND AVENUE SOUTH Site Assessment & Site Development SUITE 1100 • MINNEAPOLIS, MN 55402 -2455 Conduct preliminary q assessment of Storm water requirements and identify potential TEL 612.338.8741 solutions to achieve jurisdictional requirements; FAX 612.338.4840 www.leoadaly.com LEDA DALY PLANNING • Confirm site requirements including: quantity of parking, delivery / loading needs, lot ingress and egress, quantity of open space and develop a preliminary lot layout; ARCHITECTURE • Review City provided survey and soils boring information to determine any ENGINEERING additional impacts to site layout, building foundation systems, or site development. This review will be summarized in narrative form within a final report. INTERIORS Library Space Needs Confirmation / Concept Layout • Review and refine the space program of the library spaces. A revised program document will be provided; • Develop preliminary conceptual building layout drawings indicating the relationships of primary spaces to each other and to the site conditions; EST. 1915 • Develop preliminary conceptual visuals of the exterior / interior of the library to convey massing, building heights, potential materials to be utilized and quality of ABU DHABI construction; ATLANTA • Develop a summarized narrative of the anticipated building systems (structural AUSTIN systems, HVAC systems, roofing, exterior building materials) to be utilized in order BEIJING y y g ex g BRYAN to develop an accurate cost assessment. The following are identified goals of the CHICAGO city which will be incorporated: DALLAS o Backup power generation DENVER O Energy Efficient features for lighting and ventilation (Maximize natural FORT WORTH lighting, incorporate LED, efficient Mechanical Systems and Energy HONG KONG Recovery) HONOLULU o Security Access (level and complexity to be determined) HOUSTON o The City does not wish to consider Geo Thermal ISTANBUL LAS VEGAS Development of Construction & Development Costs LOS ANGELES • Develop Budgetary Cost Assessment for the construction of the facility based upon MIAMI MINNEAPOLIS the developed concept and narratives. Moscow • Present Final Report / Findings to the City Council OMAHA PHOENIX The LEO A DALY team will provide all of the above information within a bound report. A final SACRAMENTO presentation to City Council will be included. This scope of work will not include the following. SAN ANTONIO If these or other items are desired, they can be provided at additional costs: SAN MARCOS TAMPA • Quantity and Quality of Computers and Technology Devices — a "standard" rule of TIANJIN thumb will be utilized to provide effective cost numbers for the infrastructure (cables WACO and ports) required to support a library of this size; WASHINGTON, DC WEST PALM BEACH • Interior finishes for floors, walls and ceilings; • Furniture layout including office workstations, shelving, library furnishings, etc.; • Detailed layout of the interior; • Confirmation of collection size, quantity or makeup; • "Open Call" public meetings for input from the community ASSUMPTIONS Our assumptions for this proposal are: • The work will be based upon the site documentation provided for the area of study. Limited on -site field verification or confirmation of the site information will occur. It is understood that extensive field verification is not required. SCHEDULE 730 SECOND AVENUE SOUTH SUITE 1100 The time frame for this work is estimated to be 30 days from receiving authorization to proceed. The schedule is subject to change dependent upon City review processes. It is anticipated that 2 MINNEAPOLIS, MN 55402 -2455 - 3 meetings will be required to review and present the work. TEL 612.338.8741 FAX 612.338.4840 www.leoadaly.com LED A DALY PLANNING COMPENSATION FOR THESE SERVICES The basic services lump sum fee has been established on LEO A DALY's projected work effort, at ARCHITECTURE a cost of $39,180. ENGINEERING REIMBURSABLE EXPENSES INTERIORS Reimbursable Expenses are in addition to compensation for services and include expenses incurred by the Design Architect and Design Architect's employees in the interest of the project As follows: WASHINGTON, DC WEST PALM BEACH INSTRUMENTS OF SERVICE Drawings, models, specifications and other documents, including those in electronic form, prepared by the Design Architect and the Design Architect's consultants are Instruments of Service for use solely with respect to this Project. The Design Architect and the Design Architect's consultants shall be deemed the authors of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. The Design Architect grants to the Client a nonexclusive license to reproduce the Architect's Instruments of Service for purposes of marketing, promotion, construction, use and maintenance of the Project. The Design Architect shall obtain similar nonexclusive licenses from the Design Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. The Client shall not use the Instruments of Service for future additions or alterations to this 730 SECOND AVENUE SOUTH Project or for other projects, unless the Client obtains the prior written agreement of the Design SUITE 1100 Architect and the Design Architect's consultants. Any unauthorized use of the Instruments of MINNEAPOLIS, 55402 -2455 TEL 612.338.8741 1 Service shall be at the Client's sole risk and without liability to the Design Architect and the � FAX 612.338.4840 Design Architect's consultants. www.leoadaly.com • Expense of transportation; • Expense of reproduction, postage couriers and long- distance communications; • Expense of renderings, models, presentation boards, or photography; EST. 1915 • Expense of equipment and equipment rentals. ABU DHABI PAYMENTS ATLANTA Payments are due and payable thirty (30) days from the date of the Design Architect's monthly AUSTIN invoice. Amounts unpaid forty five (45) days after the invoice date shall bear interest at the rate BEIJING BRYAN of 12 percent (12 %) per annum. We reserve the right to suspend the performance if our services CHICAGO at any time if payments are overdue. DALLAS DENVER LIMIT OF LIABILITY FORT WORTH Neither the Design Architect, the Design Architect's consultants, nor their agents or employees HONG KONG shall be jointly, severally or individually liable to the Client in excess of the compensation to be HONOLULU paid pursuant to this Agreement, by reason of any act or omission, including breach of contract HOUSTON or negligence not amounting to a willful or intentional wrong. ISTANBUL LAS VEGAS LEO A DALY and LEO A DALY's consultants shall have no responsibility for the discovery, LOS ANGELES presence, handling, removal, disposal of or exposure of persons to hazardous materials in any MIAMI form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated MINNEAPOLIS biphenyl (PCB), mold or other toxic substances. MOSCOW OMAHA LEO A DALY will provide services and obligations under this Agreement in conformity with the PHOENIX standards of care and skill of our profession. We will not be responsible for the performance of SACRAMENTO the construction contract(s), work or products, or any defects, deficiencies of effects resulting SAN ANTONIO SAN MARCOS from any contractor, sub - contractor, manufacturer, supplier, and fabricator, consultant retained TAMPA by you or any third party. This agreement will not be construed as giving us the responsibility TIANJIN for or the authority to control, direct or supervise construction, construction means, methods, WACO techniques, sequences or procedures, or safety measures and programs. WASHINGTON, DC WEST PALM BEACH INSTRUMENTS OF SERVICE Drawings, models, specifications and other documents, including those in electronic form, prepared by the Design Architect and the Design Architect's consultants are Instruments of Service for use solely with respect to this Project. The Design Architect and the Design Architect's consultants shall be deemed the authors of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. The Design Architect grants to the Client a nonexclusive license to reproduce the Architect's Instruments of Service for purposes of marketing, promotion, construction, use and maintenance of the Project. The Design Architect shall obtain similar nonexclusive licenses from the Design Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. The Client shall not use the Instruments of Service for future additions or alterations to this 730 SECOND AVENUE SOUTH Project or for other projects, unless the Client obtains the prior written agreement of the Design SUITE 1100 Architect and the Design Architect's consultants. Any unauthorized use of the Instruments of MINNEAPOLIS, 55402 -2455 TEL 612.338.8741 1 Service shall be at the Client's sole risk and without liability to the Design Architect and the � FAX 612.338.4840 Design Architect's consultants. www.leoadaly.com M� • � - PLANNING PUBLIC RELATIONS The Design Architect shall have the right to include photographic and artistic representations of ARCHITECTURE the Project among the Design Architect's promotional and professional materials. However, the Design Architect's materials shall not include the Client's confidential or proprietary information ENGINEERING if the Client has previously advised the Design Architect in writing of the specific information INTERIORS considered by the Client to be confidential or proprietary. The Client shall provide professional credit for the Design Architect in the Client's promotional materials for the Project as follows: LEO A DALY, [Design Architect] [and] [Master Planner] [Engineers] [Executive Architect] [Interior Designer] [Hospitality Designer] [Program Managers]. Client shall notify of and collaborate with the Design Architect on all major Project - related promotional events and press requests. The Design Architect reserves the right to participate in EST. 1915 and shall receive copies of all distributed materials. The Design Architect in turn shall notify the Client of and collaborate with the Client on all Project - related promotional events and press ABU DHABI requests as identified by the Design Architect. ATLANTA AUSTIN BEIJING BRYAN CHICAGO DALLAS DENVER FORT WORTH HONG KONG HONOLULU HOUSTON ISTANBUL LAS VEGAS LOS ANGELES MIAMI MINNEAPOLIS MOSCOW OMAHA PHOENIX SACRAMENTO SAN ANTONIO SAN MARCOS TAMPA TIANJIN WACO WASHINGTON, DC WEST PALM BEACH 730 SECOND AVENUE SOUTH SUITE 1100 MINNEAPOLIS, MN 55402 -2455 TEL 612.338.8741 FAX 612.338.4840 www.leoadaly.com ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD /YYYY) 11/2015 5/1/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112 -1906 (816) 960 -9000 CONT CT NAME: ,vc No, Ext : AIC No): E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # EACH OCCURRENCE INSURERA: Continental Casualty Company 20443 PREMISESOERENcErence INSURED LEO A. DALY 1349712 8600 INDIAN HILLS DRIVE OMAHA NE 68114 -4039 INSURER B: Valley Forge Insurance Conl all 20508 INSURER C: St Paul Fire and Marine Insurance Co 24767 INSURER D: National Fire Insurance Co of Hartford 20478 $ 1,000,000 INSURER E: GENERAL AGGREGATE $ 2,000 000 INSURER F $ 2,000,000 COVERAGES I.EOADO) CERTIFICATE NLIMRFR- 12916037 RFVICI0N PJHMRFR• )CV V VY V V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM /DD /YYYY POLICY EXP I MM /DD /YYYY LIMITS D X COMMERCIAL G ENERAL LIABILITY CLAIMS -MADE x OCCUR Y N 1015651942 1/1/2014 1/1/2015 EACH OCCURRENCE 1,000,000 PREMISESOERENcErence 300,000 MED EXP (Any one person) 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY PE F LOC OTHER GENERAL AGGREGATE $ 2,000 000 PRODUCTS - COMP /OPAGG $ 2,000,000 $ ,4 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIREDAUTOS X NON-OWNED Y N 1015651956 1,1/2014 1/1/2015 COMBINED SINGLE LIMIT Ea accident $ 1 000,000 X BODILY INJURY (Per person) $ X'XX'X'xxx X BODILY INJURY (Per accident $ X'XXXXXX X PerramdentDAMAGE $ XXXXXXX $ XXXXXXX UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX DED RETENTION $ $ B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR'PARTNER/EXECUTIVE Y / N OFFICER /MEMBER EXCLUDED? N❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A N 10 15651973 (AOS) 202551 5744 (HI) 1063334422 (CA) 1/1/2014 1'1/2014 1i I/2014 1/1/2015 I /I /201 5 I/1/2015 PER OTH- X STATUTE FIR E.L. EACH ACCIDENT $ 1 000,000 E.L. DISEASE - EA EMPLOYEE is 1,000,000 E.L. DISEASE - POLICY LIMIT is 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: PROJECT #025 -P2015 -000 CITY LIBRARY. THE CITY OF COLUMBIA HEIGHTS IS AN ADDITIONAL INSURED AS RESPECTS GENERAL AND AUTO LIABILITY, AS REQUIRED BY WRITTEN CONTRACT. -1 IF- ice nw" 12916032 THE CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE NE COLUMBIA HEIGHTS MN 55421 ACORD 25 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The ACORD name and logo are registered marks of ACORD N. All rights reserved AGURDrM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/1/2015 1 6/23/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112 -1906 (816) 960 -9000 CACT NAME: PHONE FAX Ext : ACC No): E -MIL E-MAIL ADDRESS: INSURER AFFORDING COVERAGE NAIC # INSURER A: Lloyd's of London 38253 EACH OCCURRENCE INSURED LEO A. DALY 1055303 8600 INDIAN HILLS DRIVE OMAHA NE 68114 -4039 INSURER B: CLAIMS -MADE ❑OCCUR INSURER C INSURER D, INSURER E: P SEa occu MIS (E occurrence) $ Y0CXX�K3 -X INSURER F: MED EXP (Any one person) XXXXXXX COVERAGES LEOADOI CERTIFICATE NUMBER: 12916038 REVISION Nt1MRFR- XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN SD SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE XXX�CXX CLAIMS -MADE ❑OCCUR NOT APPLICABLE P SEa occu MIS (E occurrence) $ Y0CXX�K3 -X MED EXP (Any one person) XXXXXXX PERSONAL & ADV INJURY $ XXXX GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JE O LOC GENERAL AGGREGATE $ XXXXxxx PRODUCTS - COMP /OP AGG $ XXXXXXX g OTHER AUTOMOBILE LIABILITY ANY AUTO NOT APPLICABLE Ea CO aBINEDtSINGLE LIMIT $ XXXXxxX BODILY INJURY (Per person) $ XXXX,iXX ALL OWNED AUTOSULED BODILY INJURY (Per accident $ XXX�Q�X NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ XXXXXXX UMBRELLA LIAB OCCUR EACH OCCURRENCE $ XXXXXJ x EXCESS LIAB CLAIMS -MADE NOT APPLICABLE AGGREGATE $ XXX)00%X DIED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N OFFICER/ EPROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? ❑ N/A NOT APPLICABLE I PER OTH- STATUTE FEL E.L. EACH ACCIDENT 7�w $`7�_VXvX��711V1A E.L. DISEASE - EA EMPLOYEE XXXXXXX (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT vv�T�T XXXA.Axx A PROFESSIONAL LIABILITY N N LDliSA1404566 7/1/2014 7/1/2015 $2,000,000 EACH CLAIM AND IN THE ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: PROJECT #025 -P2015 -000 CITY LIBRARY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12916038 AUTHORIZED REPRESENTATIVE THE CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE NE COLUMBIA HEIGHTS MN 55421 ACORD 25 (2014/01) @T9418-20114 ACCFDIrORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD