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CR 95-124 Approval Of Design Engineer for Wellhouse Improvements 1 y 0 0 /c July 14, 1995 0 Council Report: 95-124 -, ':> (I -A P K \ . APPROVAL OF DESIGN ENGINEER FOR WELLHOUSE IMPROVEMENTS, WELL #1 (MOLINE SITE) Proposed Action. Staff recommends adoption of the following motion: "Move that Council authorize the Mayor and city Manager to enter into a contract with RCM. Inc. to provide design enqineering services for Wellhouse Improvements. Well #1 (Moline site)." overview. In 1994, city Council approved improvements at Moline Treatment Plant (Well #1) as a 1995 project in the CIP. Improvements include: 0 Repair/replace roof 0 Square off building to create room for: more pumps, chemical feed room and larger garage 0 Add three (3) Overhead garage doors 0 Remove existing filtration equipment 0 Reconstruct chemical feed system 0 Install generator connection 0 Overhaul well pump #1 e~ Replace High Service pump (HSP) with vertical turbine pump Connect fill to distribution system These improvements will upgrade the appearance of the facility, improve energy efficiency and reduce operator maintenance. The preliminary construction cost estimate is $581,000. Funding is provided from the Water utility fund. An engineering selection committee, consisting of Steve Stadler, Jim Gessele and Mike Lauseng, reviewed proposals from RCM, Inc. (Minnetonka) , Bonestroo & Associates (Rosemount), and JEA Architects, Inc. (Hopkins) . Each proposal was scored based on qualifications - see attached rating sheet. All three candidates were interviewed. Based on the proposal review and interview, staff feels that RCM, Inc. is most qualified to perform these services. Primary Issues to Consider 0 will this water system work affect water quality during construction or after completion? 0 When will the work be done? 0 How will this work improve our current water supply/distribution system? Supporting Information .~ qf FCM, Inc. Proposal g neering Services Agreement er, Public Works Director council Report: 95-124 Page 2 .Analysis of Issues o will this water system work affect water quality during construction or after completion? No, there will be no adverse effect on our water quality. Well #1 is used solely as a back-up in the event we're experiencing power or control problems at Wells #4, #5, & #6. o When will the work be done? Design completion in November 1995. Construction will be December 1995 - June 1996 o How will this work improve our current water supply/distribution system? We will be able to more effectively use the 1.7 million gallon ground storage reservoirs to reduce electrical charges caused by pumping from the Elmo Park Filtration Plant during peak electrical demand times. e . ----.. ---- ---.- e STATEMENT OF QUALIFICATIONS/PROPOSAL REVIEW MOLINE WELL HOUSE IMPROVEMENTS NAME OF FIRM BEING RATED: NAME OF RATER: Rate each category as 1 - 5 with 1 being the lowest score possible (not qualified in this area) and 5 the highest score (very well qualified 1n this area). CATEGORY SCORE WGT TOTAL 1) Similar project experience X ----.l 2) Prior knowledge or experience with consultant on other Hopkins projects X ----..1 . 3) Overall qualifications of the firm to complete the task X ----.2. 4) References (names & phone no.) X ----.l 5) Consultant description of, and understanding of services being requested X ----.l TOTAL: AVERAGE SCORES: RCM - 36 BONESTROO - 34 JEA - 22 . .e ... - , I ~{o\1oSal I ] ., ~ --.I . to the · ~ cit,- of tloplUtlS ;.; "i ~. , . {or #1- . Ii \Ne\\ tlo\1se ~. I, iii ~ \tIlPt'o,,"etlletlts . ~ j - "-" - " ~ . - L.4 . - '-.. - I~. l.~ II . -oJ - - - I June 12, 1995 ..i -. - Mr. Steven J. Stadler - - Public Works Director Ii City of Hopkins - 1601 2nd Street South ..... Hopkins, MN 55343 .- r-r:rl Re: Well House #1 Improvements RCM File No. 14152.00 - -- Dear Mr. Stadler: - Attached you will find the RCM Associates, Inc. Proposal for Engineering - Services to the City of Hopkins, Minnesota, for the renovation of Well House <}(gDTITI #1. We are aware of the importance of the reserve role that the facility plays - in the delivery of water, and the long-term need to provide and maintain a i reliable, energy efficient station, requiring minimal staff attention. We also rieke understand the significance of facility appearance and being a good neighbor. - carroll muller We have prepared this proposal in response to your request. eft associates, inc. en~eers RCM is an employee owned engineering/architecture company with Hopkins - . itects d surveyors roots. RCM has provided design and construction administration services in "". equal opportunity the water field for the past 40 years. RCM has completed over 200 water -- employer related projects, with a commitment to client satisfaction, attention to detail, adherence to design and construction schedules and responsiveness to project II budgets. The wealth of RCM experience serving as the foundation of this ,,- proposal demonstrates our ability to propose and evaluate alternatives and meet client expectations. "-'I ~ I will be Project Manager for the RCM Team who will be partnering with you in this project. The other members of the RCM Team include: -II I John Monnens, AlA - Architect '-II Dale Folen, P.E. - Water Process and Piping Norm Armstrong, P.E. - Electrical Engineer - Jim Gerber, P.E. - Structural Engineer l:..I Bill Karges, P.E. - Mechanical Engineer Damon Farber, ASLA - Landscape Architect ~ Harry Koutsoumbos, P.E. - Construction Administration ..II ~ ..u .901 red circle drive x 130 ~ minnetonka, minnesota 55343 612-935-6901 i..iI fax 612-935-8814 I ._~--- . - Mr. Steven J. Stadler . June 8, 1995 Page 2 .. . We would like to thank you and the City of Hopkins for the opportunity to - prepare this proposal. Also, we thank Mike Lauseng for taking the time to .. show us the project site. Your objective, and ours, is to provide a facility that looks good, and works great! If you have questions regarding our proposal, i'q please contact us. We look forward to the opportunity to work with you on this challenging project. ~ Sincerely yours, RIEKE CARROLL MULLER ASSOCIATES, INC. Q ~s[~~t !ill President and CEO - - - RFRlbam - ...... Attachments .. .... - ,.. - ,K' - ... II -- II II .. 11 L ~ I ~- Our role is to assist the City. We will work closely with the you in r. Approach developing an understanding of the existing environment and conditions. Special needs will be examined and prioritized. I Realistic preliminary and final conceptual plans and cost r~ estimates will be developed for the project. /" r' We will provide design development drawings and constructionJ1 documents in a CADD format. e The following represents the general elements of our project . approach. r-" - Site Analysis . Conduct site review including: ~- Assistance · Land Area - · Site GradingtDevelopment Ir · Site InvestigationtTesting i_ - Site Survey ,",. - Geotechnical .-- - Environmental , L_----- · Utility Systems '-- - Water - - Sewer . < - Storm - - Power - Gas - - Communication · Vehicle Access -- · Vehicle Parking - · Storage ~ · Site Amenities · Fencing -;II · Screening iiii · Landscaping · Site Lighting - · Security . -" - Rieke Carroll Muller Associates, Inc. City of Hopkins - Page 29 ~ - , - · Review the needs, goals and design concepts with the City. -. · Summarize analysis and present to the City. .... Conceptual Design . Review and revise the building space program. - - · Prepare schematic design options and present to the City. - - · Incorporate the City's feedback into a refined design. - · Prepare and present to the City a final design and opinion of, Design Development probable costs. - - · Review contract documents with City. - ~ . Finalize project schedule. - Implementation . Prepare contract documents. -. . Review contract documents with City. - . Advertise and bid project. .. Construction . Assist with contract award. Services .. . Perform periodic observation. - . Conduct routine progress meetings and prepare status reports. ... . Review shop drawings. - . Review contractor pay applications. . Coordinate with the Building Inspector and Contractor. - --_ Owner Occupancy . Review substantial completion. - - Rieke Carroll Muller Associates, Inc. , City of Hopkins - Page 30 - . Conduct systems training and orientation (including - maintenance and operations). -- . Prepare certificate of occupancy. - Follow-Up . Conduct post occupancy evaluations/surveys. - - The following matrix represents the anticipated project tasks and - City involvement for the project. ".:II - - - - - ~ - - - -~ ~ "--" - -"" II II II II -- t1 Rieke Carroll Muller Associates. Inc. City of Hopkins - Page 31 w '. I ! .....'...,. I i,. v. ,. .J Ii iI. ;;", ~: ',' 1; , r' , , ~ ::-:==--- , , \ ~ , - II - ~, , ! . I~ : - ,.,J., ,~~ i . ,. , '/' --.- ':"1 . .fI-' ; .~ j: _. . l:"'! .-":"J k - ~ - -' .'i\;" - ~ " ... .,~;4;;..: -". ~ .4:_',;~)._:,~ ; ."\ e July 12, 1995 Mr. Steven J. Stadler Public Works Director City of Hopkins 1601 2nd Street South Hopkins, MN 55343 RE: City Project No. 95-05 Well House #1 Improvements 1.CIII Dear Mr. Stadler: Thank you for recommending RCM for the "Architect/Engineer" role on the subject project. We feel that you conducted a very professional selection process rieke and we were honored by your decision. carroll muller ~ssociates, inc. Per our telephone conversation yesterday, we have prepared a contract. This is a n~neers standard form of agreement adapted to City Project No. 95-05. Our written rc itects land surveyors proposal dated June 12, 1995, and previously transmitted to you, is the root of the equal opportunity contract. emptoyer As I explained to you, I will be Project Manager for the RCM Team who will be partnering with City staff and elected officials on this project. The other members of the RCM Team include: /0 John Monnens, AlA - Architect Dale Folen, P. E. - Water Process and Piping Norm Armstrong, P.E. - Electrical Engineer Jim Gerber, P.E. - Structural Engineer Bill Karges, P.E. - Mechanical Engineer Damon Farber, ASLA - Landscape Architect Harry Koutsoumbos, P.E. - Construction Administration The proposed project fee is basically a lump sum, as YOll requested. The three 1955-1995 pieces of the fee are: .0901 red circle drive box 130 minnetonka, minnesota 55343 612-935-6901 fax 612935 8814 Mr. Steven J. Stadler Page 2 ..... July 12, 1995 ~ Contract Article Page Service Amount Comment 2 1 to 5 Basic Services $49,500 Firm fixed fee 3 5 to 7 Additional Services $10 , OOO.::!: Estimate of costs 10.2 11 Reimbursables $ 5,000 Fee maximum Note that the "Basic Services" fee is a firm fixed fee, or lump sum. The "Additional Services" fee is impossible to define at this time. It is dependent upon what is encountered as the work progresses, and upon the City desires for such services as preparation of "record drawings" and operation and maintenance manuals. Other examples of " Additional Services" are: surveying, soil borings, structural materials testing, materials testing during construction, and environmental assessments. Reimbursables will be billed at actual cost to ReM. It is almost certain that this element of the fee will not exceed $5,000, and will most likely be less than $1,000. The big unknown is how many renderings or models will be . requested. Travel to and from site, and the cost of printing construction documents are other examples of "reimbursables." We are ready to start on the projel.:t whenever YOll say "Go!" Thanks again for the confidence you have placed in us. We value our client relationship with the City of Hopkins. A "satisfied client" is concisely what we see as our goal. Please let me know if you have questions or comments on this material. Very truly yours, RIEKE CARROLL MULLER ASSOCIATES, INC. ~~fr~~1 Proj ect Manager RFR:mt Enc. . -- ------- - -- -- Standard Form of Agreement Between Owner and Architect AlA Document 8141 - Electronic Format AGREEMENT made as of the eighteenth day of July _ in the year of Nineteen Hundred and Ninety-Five, BETWEEN the Owner: (Name and address) City of Hopkins, Minnesota 160 I Second Street South Hopkins, MN 55343 and the Architect: (Name and address) Rieke Carroll Muller Associates, Inc. (RCM) P.O. Box 130 Hopkins,~ 55343 e For the following Project: (Include detailed description of Project, location, address and scope.) City of Hopkins Project No. 95-05, including Scope: Well #1 Building improvements, Reconstruction of Booster Pump housed therein, and Ground Storage Tank improvements via piping & valve modifications LocatiQ!l--=_ At large, tall, blue storage tank south of County Road 3 near 10th Avenue in Hopkins, MN. The Owner and Architect agree as set forth below. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY rs ENCOURAGED WlTH RESPECT TO ITS COMPLETION OR MODIFlCATION. AUTHENTICATION OF THIS ELECTRONICALL Y DRAFTED AlA DOCUMENT MAYBE MADE BY USING AlA DOCUMENT D40 L Copyright 1917, 1926, 1948,1951, 1953, 1958, 1961, 1963, 1966, r967, 1970, 1974, 1977, 1987 by The American Institute of . Architects, 1735 New York Avenue, N. W., Washington, D.C., 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution. ALA DOCUMENT B 141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - ALA - COPYRlGHT 1987 _ THE AMERlCAN INSTITUTE OF ARCHITECTS, IDS NEW YORK AVENUE N W . WASHINGTON, D C, 20006-5292 WARNING: Unficen!ocd photocopying violues U.S, copyright I_WI and;.5 subject ta leBal proJ-t'cution. Th" documem was electronically produced Linder license number I0950<Jl939 .and can be- rc:p,-oduced without ....Iol.tion until J0129)95 Electronic Document Service B 141-1987 1 --..-- ---.- ...... ~ i . TERMS AND CONDITIONS OF AGREEMENT BETWEEN O\VNER AND ARCHITECT ARTICLE 1 2.2 SCHEMA TIC DESIGN PHASE ARCHITECT'S RESPONSIBILITIES 2.2.1 The Architect shall review the program 1.1 ARCHITECT'S SERVICES furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual 1.1.1 The Architect's services consist of those understanding of such requirements with the Owner. services performed by the Architect, Architect's 2.2.2 The Architect shall provide a preliminary employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other evaluation of the Owner's program, schedule and services included in Article 12. construction budget requirements, each in terms of the other, subject to the limitations set forth in 1.1.2 The Architect's services shall be performed as Subparagraph 5.2.1. expeditiously as is consistent with professional skill 2.2.3 The Architect shall review with the Owner and care and the orderly progress of the Work. Upon alternative approaches to design and construction of request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance the Project. e of the Architect's services which may be adjusted as 2.2.4 Based on the mutually agreed-upon program. the Project proceeds, and shall include allowances for schedule and construction budget requirements, the periods of time required for the Owner's review and Architect shall prepare, for approval by the Owner, for approval of submissions by authorities having Schematic Design Documents consisting of drawings jurisdiction over the Project. Time limits established and other documents illustrating the scale and by this schedule approved by the Owner shall not, re lationship of Project components. except for reasonable cause, be exceeded by the 2.2.5 The Architect shall submit to the Owner a Architect or Owner. preliminary estimate of Construction Cost based on 1.1.3 The services covered by this Agreement are current area, volume or other unit costs. subject to the time limitations contained in Subparagraph 11.5.1. 2.3 DESIGN DEVELOPMENT PHASE ARTICLE 2 2.3.1 Based on the approved Schematic Design SCOPE OF ARCHITECT'S BASIC Documents and any adjustments authorized by the SERVICES Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by 2.1 DEFINITION the Owner, Design Development Documents consisting of drawings and other documents to fix 2.1.1 The Architect's Basic Services consist of those and describe the size and character of the Project as described in Paragraphs 2.2 through 2.6 and any to architectural, structural, mechanical and electrical other services identified in Article 12 as part of Basic systems, materials and such other elements as may be Services, and include normal structural, mechanical appropriate. and electrical engineering services. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of . Construction Cost. AlA DOCUMENT B 14] - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT In7 - THE AMERICAN INSTITUTE OF ARCHITECTS. 17J5 NEW YORK AVENUE N W . WASHINGTON, D C. 20006.~29:! WARNING Unlic~n.!ed photocopyinS VlOI.iUCi U S cOPYrlghl laws and iJ subJe" to lcliipl-i pro~C!cutlon, Thl!i documCr\1 wU electronically produced under license number I0950019391lRd can be rcprodu~ed Wllhout violauon until 10129/95 Electronic Document Service B 141-1987 2 ~- as of the date of this Agreement, unless otherwise 2.4 CONSTRUCTION DOCUMENTS PHASE provided in this Agreement. 2.4.1 Based on the approved Design Development 2.6.3 Duties, responsibilities and limitations of Documents and any further adjustments in the scope authority of the Architect shall not be restricted, or quality of the Project or in the construction budget modified or extended without written agreement of authorized by the Owner, the Architect shall prepare, the Owner and Architect with consent of the for approval by the Owner, Construction Documents Contractor, which consent shall not be unreasonably consisting of Drawings and Specifications setting withheld. forth in detail the requirements for the construction 2.6.4 The Architect shall be a representative of and of the Project. shall advise and consult with the Owner (1) during 2.4.2 The Architect shall assist the Owner in the construction until final payment to the Contractor is preparation of the necessary bidding information, due, and (2) as an Additional Service at the Owner's bidding forms, the Conditions of the Contract, and direction from time to time during the correction the form of Agreement between the Owner and period described in the Contract for Construction. Contractor. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this 2.4.3 The Architect shall advise the Owner of any Agreement unless otherwise modified by written adjustments to previous preliminary estimates of instrument. Construction Cost indicated by changes in 2.6.5 The Architect shaH visit the site at intervals requirements or general market conditions. appropriate to the stage of construction or as 2.4.4 The Architect shall assist the Owner in otherwise agreed by the Owner and Architect in connection with the Owner's responsibility for filing writing to become generaIly familiar with the documents required for the approval of governmental progress and quality of the Work completed and to authorities having jurisdiction over the Project. determine in general if the Work is being performed . 2.5 BIDDING OR NEGOTIATION PHASE in a manner indicating that the Work when completed will be in accordance with the Contract Documents. 2.5.1 The Architect, following the Owner's approval However. the Architect shall not be required to make of the Construction Documents and of the latest exhaustive or continuous on-site inspections to check preliminary estimate of Construction Cost, shall the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect assist the Owner in obtaining bids or negotiated shall keep the Owner informed of the progress and proposals and assist in awarding and preparing quality of the Work, and shall endeavor to guard the contracts for construction. Owner against defects and deficiencies in the Work. 2.6 CONSTRUCTION PHASE--ADMINISTRA TION (Afore extensive site representation may be agreed to OF THE CONSTRUCTION CONTRACT as an Additional Service, as described in Paragraph 3.2.) 2.6.1 The Architect's responsibility to provide Basic 2.6.6 The Architect shall not have control over or Services for the Construction Phase under this charge of and shall not be responsible for Agreement commences with the award of the construction means, methods, techniques, sequences Contract for Construction and terminates at the or procedures, or for safety precautions and programs earlier of the issuance to the Owner of the final in connection with the Work, since these are solely Certificate for Payment or 60 days after the date of the Contractor's responsibility under the Contract for Substantial Completion of the Work. Construction. The Architect shall not be responsible 2.6.2 The Architect shall provide administration of for the Contractor's schedules or failure to carry out the Contract for Construction as set forth below and the Work in accordance with the Contract in the edition of AlA Document A20l, General Documents. The Architect shall not have control Conditions of the Contract for Construction, current over or charge of acts or omissions of the Contractor, . _._~ .- AlA DOCUMENT Bl41 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDlTION - AlA. COPYRiGHT 1987. THE AMERICAN INSTITUTE Of ARCHITECTS, 17H NEW YORK AVENUE N.W _ WASHINGTON. D.C. 20006-5292. WARNING Unlio<n,<d photocopying violal<' U.S. oopyrighl1ow. and I> .ubje.',o l.gol pro..cution Thi. docum.nt w.. elcClr-O.l1lC.ally produced under-license numbr:r I09500lQ39 and can be reproduct-d without violll~on until I0/2'U95 Electronic Document Service B 141-1987 3 ..- Subcontractors, or their agents or employees, or of Documents. Whenever the Architect considers it - any other persons performing portions ofthe Work. necessary or advisable for implementation of the - 2.6.7 The Architect shall at all times have access to intent of the Contract Documents, the Architect will the Work wherever it is in preparation or progress. have authority to require additional inspection or 2.6.8 Except as may otherwise be provided in the testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Contract Documents or when direct communications Work is fabricated, installed or completed. However, have been specially authorized, the Owner and neither this authority of the Architect nor a decision Contractor shall communicate through the Architect. made in good faith either to exercise or not to Communications by and with the Architect's exercise such authority shall give rise to a duty or consultants shall be through the Architect. responsibility of the Architect to the Contractor, 2.6.9 Based on the Architect's observations and Subcontractors, material and equipment suppliers, evaluations of the Contractor's Applications for their agents or employees or other persons Payment, the Architect shall review and certify the performing portions of the Work. amounts due the Contractor. 2.6.12 The Architect shall review and approve or 2.6.10 The Architect's certification for payment shall take other appropriate action upon Contractor's constitute a representation to the Owner, based on the submittals such as Shop Drawings, Product Data and Architect's observations at the site as provided in Samples, but only for the limited purpose of checking Subparagraph 2.6.5 and on the data comprising the for conformance with information given and the Contractor's Application for Payment, that the Work design concept expressed in the Contract Documents. has progressed to the point indicated and that, to the The Architect's action shall be taken with such best of the Architect's knowledge, information and reasonable promptness as to cause no delay in the belief, quality of the Work is in accordance with the Work or in the construction of the Owner or of Contract Documents. The foregoing representations separate contractors, while allowing sufficient time in . are subject to an evaluation of the Work for the Architect's professional judgment to permit conformance with the Contract Documents upon adequate review. Review of such submittals is not Substantial Completion, to results of subsequent tests conducted for the purpose of determining the and inspections, to minor deviations from the accuracy and completeness of other details such as Contract Documents correctable prior to completion dimensions and quantities or for substantiating and to specific qualifications expressed by the instructions for installation or performance of Architect. The issuance of a Certificate for Payment equipment or systems designed by the Contractor, all shall further consti.tute a representation that the of which remain the responsibility of the Contractor Contractor is entitled to payment in the amount to the extent required by the Contract Documents. certified. However, the issuance of a Certificate for The Architect's review shall not constitute approval Payment shall not be a representation that the of safety precautions or, unless otherwise specifically Architect has (1) made exhaustive or continuous on- stated by the Architect, of construction means, site inspections to check the quality or quantity of the methods, techniques, sequences or procedures. The Work, (2) reviewed construction means, methods, Architect's approval of a specific item shall not techniques, sequences or procedures, (3) reviewed indicate approval of an assembly of which the item is copies of requisitions received from Subcontractors a component. When professional certification of and material suppliers and other data requested by performance characteristics of materials, systems or the Owner to substantiate the Contractor's right to equipment is required by the Contract Documents, payment or (4) ascertained how or for what purpose the Architect shall be entitled to rely upon such the Contractor has used money previously paid on certification to establish that the materials, systems or account of the Contract Sum. equipment will meet the performance criteria 2.6,11 The Architect shall have authority to reject required by the Contract Documents. Work which does not conform to the Contract 2.6,13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting . AlA DOCUMENT B 141 . OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPVRIGHT 1987 - mE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORX AVENUE N.W., WASHINGTON, 0 C. 10006-529'2, WAR~rNG Unlicensed phmocopving ....ialaIe5 U S copyright laws and i5 :!iUbjecl1o le8.IL1 pro.!ec:ution. This d~cument wu ~'et.tronlcally produced undc:r hc:em,~ numb-rf 1095001939 and can be reprodLll:r:d wi~hout Violation L.Intd 10/29/95 Electronic Document Service B 141-1987 4 - documentation and data if deemed necessary by the shall be subject to arbitration as provided in this - Architect as provided in Subparagraphs 3.1. I and Agreement and in the Contract Documents. 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may ARTICLE 3 authorize minor changes in the Work not involving ADDITIONAL SERVICES an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the 3.1 GENERAL intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in determine the date or dates of Substantial Completion Article 12, and they shaH be paid for by the Owner as and the date of final completion, shall receive and provided in this Agreement, in addition to the forward to the Owner for the Owner's review and compensation for Basic Services. The services records written warranties and related documents described under Paragraphs 3.2 and 3.4 shaH only be required by the Contract Documents and assembled provided if authorized or confirmed in writing by the by the Contractor, and shall issue a final Certificate Owner. If services described under Contingent for Payment upon compliance with the requirements Additional Services in Paragraph 3.3 are required due of the Contract Documents. to circumstances beyond the Architect's control, the 2.6.15 The Architect shall interpret and decide Architect shall notify the Owner prior to commencing matters concerning performance of the Owner and such services. If the Owner deems that such services Contractor under the requirements of the Contract described under Paragraph 3.3 are not required, the Documents on written request of either the Owner or Owner shall give prompt written notice to the Contractor. The Architect's response to such requests Architect. If the Owner indicates in writing that all shall be made with reasonable promptness and within or part of such Contingent Additional Services are . any time limits agreed upon. not required, the Architect shall have no obligation to 2.6.16 Interpretations and decisions of the Architect provide those services. shall be consistent with the intent of and reasonably 3.2 PROJECT REPRESENT A TION BEYOND inferable from the Contract Documents and shall be BASIC SERVICES in writing or in the form of drawings. When making such interpretations and initial decisions, the 3.2.1 If more extensive representation at the site than Architect shall endeavor to secure faithful is described in Subparagraph 2.6.5 is required, the performance by both Owner and Contractor, shall not Architect shaJ I provide one or more Project show partiality to either, and shall not be liable for Representatives to assist in carrying out such results of interpretations or decisions so rendered in additional on-site responsibilities. good faith. 3.2.2 Project Representatives shall be selected, 2.6.17 The Architect's decisions on matters relating employed and directed by the Architect, and the to aesthetic effect shall be final if consistent with the Architect shall be compensated therefor as agreed by intent expressed in the Contract Documents. the Owner and Architect. The duties, responsibilities 2.6.18 The Architect shall render written decisions and limitations of authority of Proj ect within a reasonable time on all claims, disputes or Representatives shall be as described in the edition of other matters in question between the Owner and AlA Document B352 current as of the date of this Contractor relating to the execution or progress of the Agreement, unless otherwise agreed. Work as provided in the Contract Documents. 3.2.3 Through the observations by such Project 2.6.19 The Architect's decisions on claims, disputes Representatives, the Architect shall endeavor to or other matters, including those in question between provide further protection for the Owner against the Owner and Contractor, except for those relating defects and deficiencies in the Work, but the to aesthetic effect as provided in Subparagraph 2.6.17, furnishing of such project representation shall not . -- - AlA DOCUMENT B \.1 _ QWNER-ARCHlTEC"T AGREEMENT - FOURTEENTH EDITION - AlA - COPYIlIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS. 17H NEW YORK AVENUE N W, WASHJNGTON, D.C. :!0006-5:292. WARNING UnJic-en5cd pholocopying violate.! V.S copyright laws and!.!I lubj-eCI 10 legal pro:!lccu[~on_ This dQl;;Umml 'WU elc:clronicaJly produced under Ikensc number IOQ50019J91nd can be reproduced wilhoul Ylolalion until 10129/95 Electronic Document Service B 141-1987 5 --..L ~- - modify the rights, responsibilities or obligations of 3.3.7 Providing services in evaluating an extensive ..... the Architect as described elsewhere in this number of claims submitted by the Contractor or Agreement. others in connection with the Work. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding 3.3.1 Making revisions in Drawings, Specifications except where the Architect is party thereto. or other documents when such revisions are: 3.3.9 Preparing documents for alternate, separate or .1 inconsistent with approvals or instructions sequential bids or providing services in connection previously given by the Owner, including with bidding, negotiation or construction prior to the revisions made necessary by adjustments in completion of the Construction Documents Phase. the Owner's program or Project budget; 3.4 OPTIONAL ADDITIONAL SERVICES .2 required by the enactment or revision of codes, laws or regulations subsequent to the 3.4.1 Providing analyses of the Owner's needs and preparation of such documents; or programming the requirements of the Project. .3 due to changes required as a result of the 3.4.2 Providing financial feasibility or other special Owner's failure to render decisions in a studies. timely manner. 3.4.3 Providing planning surveys, site evaluations or 3.3.2 Providing services required because of comparative studies of prospective sites. significant changes in the Project including, but not 3.4.4 Providing special surveys, environmental limited to, size, quality, complexity, the Owner's studies and submissions required for approvals of schedule, or the method of bidding or negotiating and governmental authorities or others having jurisdiction contracting for construction, except for services over the Project. . required under Subparagraph 5.2.5. 3.4.5 Providing services relative to future facilities, 3.3.3 Preparing Drawings, Specifications and other systems and equipment. documentation and supporting data, evaluating Contractor's proposals, and providing other services 3.4.6 Providing services to investigate existing in connection with Change Orders and Construction conditions or facilities or to make measured drawings Change Directives. thereof. 3.3.4 Providing services in connection with 3.4.7 Providing services to verify the accuracy of evaluating substitutions proposed by the Contractor drawings or other information furnished by the and making subsequent revisions to Drawings, Owner. Specifications and other documentation resulting 3.4.8 Providing coordination of construction therefrom. performed by separate contractors or by the Owner's 3.3.5 Providing consultation concerning replacement own forces and coordination of services required in of Work damaged by fire or other cause during connection with construction performed and construction, and furnishing services required in equipment supplied by the Owner. connection with the replacement of such Work. 3.4.9 Providing services in connection with the work 3.3.6 Providing services made necessary by the of a construction manager or separate consultants default of the Contractor, by major defects or retained by the Owner. deficiencies in the Work of the Contractor, or by 3.4.10 Providing detailed estimates of Construction failure of performance of either the Owner or Cost. Contractor under the Contract for Construction. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. . ~- AlA DOCUMENT B 141 . OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS. 17JS NEW YORK AVENUE N W" WASHJNGTON. DC. 20006-529:2. WAR""]NG Unlicensed pholor;:opying ....io1a[es US copyright law~ and i!l JubJccl to I~gal pro~t:culiorl._ ThiS document w~ electronically prOduced u.nder license number IDQ500l9J9 and c:!In be r~prod....ced without yiolation unlll LO/29/95 Electronic Document Service B 141-1987 6 --- -- -----..--- ------------.------ -~ - - 3.4.12 Providing analyses of owning and operating 4.2 The Owner shall establish and update an overall - costs. budget for the Project, including the Construction 3.4.13 Providing interior design and other similar Cost, the Owner's other costs and reasonable services required for or in connection with the contingencies related to all of these costs. selection, procurement or installation of furniture, 4.3 If requested by the Architect, the Owner shall furnishings and related equipment. furnish evidence that financial arrangements have 3.4.14 Providing services for planning tenant or been made to fulfill the Owner's obligations under rental spaces. this Agreement. 3.4.15 Making investigations, inventories of 4.4 The Owner shall designate a representative materials or equipment, or valuations and detailed authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized appraisals of existing facilities. representative shall render decisions in a timely 3.4.16 Preparing a set of reproducible record manner pertaining to documents submitted by the drawings showing significant changes in the Work Architect in order to avoid unreasonable delay in the made during construction based on marked-up prints, orderly and sequential progress of the Architect's drawings and other data furnished by the Contractor servIces. to the Architect. 4.5 The Owner shall furnish surveys describing 3.4.17 Provid ing assi stance in the uti! ization of physical characteristics, legal limitations and utility equipment or systems such as testing, adjusting and locations for the site of the Project, and a written balancing, preparation of operation and maintenance legal description of the site. The surveys and legal manuals, training personnel for operation and information shall include, as applicable, grades and maintenance, and consultation during operation. lines of streets, alleys, pavements and adjoining 3.4.18 Providing services after issuance to the property and structures; adjacent drainage; rights-of- . Owner of the final Certificate for Payment, or in the way, restrictions, easements. encroachments, zoning, absence of a final Certificate for Payment, more than deed restrictions. boundaries and contours of the site; 60 days after the date of Substantial Completion of locations, dimensions and necessary data pertaining the Work. to existing buildings. other improvements and trees; 3.4.19 Providing services of consultants for other and information concerning available utility services and lines, both public and private, above and below than architectural, structural, mechanical and grade. including inverts and depths. All the electrical engineering portions of the Project information on the survey shall be referenced to a provided as a part of Basic Services. project benchmark. 3.4.20 Providing any other services not otherwise 4.6 The Owner shall furnish the services of included in this Agreement or not customarily geotechnical engineers when such services are furnished in accordance with generally accepted requested by the Architect. Such services may architectural practice. include but are not limited to test borings, test pits. ARTICLE 4 determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground OWNER'S RESPONSIBILITIES corrosion and resistivity tests, including necessary 4.1 The Owner shall provide full information operations for anticipating subsoil conditions, with regarding requirements for the Project, including a reports and appropriate professional program which shall set forth the Owner's objectives, recommendations. schedule, constraints and criteria. including space 4.6.1 The Owner shall furnish the services of other requirements and relationships, f1 e x i b i lit Y , consultants when such services are reasonably expandability, special equipment, systems and site required by the scope of the Project and are requested requirements. by the Architect. . --~--~. AlA DOCUMENT B 141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION. AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, I 7J5 NEW YORK AVENUE N.W., WASH[NGTON, DC. 20006-:S:!92 WARNING Unlicem,ed pholocopytng vioh.te~ U S copyflght law;! and 15 5ubject 10 legal pro!le-c:ulion. Thi.!. document was dC'clronlca}ly produced under !i(:ense number 1095001939 ..nd c;!In be reproduced without vlol.uion until 101291Q5 7 Electronic Document Service B 141- I 987 - ----- --. - 4.7 The Owner shall furnish structural, mechanical, 5.1.3 Construction Cost does not include the -- chemical, air and water pollution tests, tests for compensation of the Architect and Architect's hazardous materials, and other laboratory and consultants, the costs of the land, rights-of-way, environmental tests, inspections and reports required financing or other costs which are the responsibility by law or the Contract Documents. of the Owner as provided in Article 4. 4.8 The Owner shall furnish all legal, accounting and 5.2 RESPONSIBILITY FOR CONSTRUCTION insurance counseling services as may be necessary at COST any time for the Project, including auditing services the Owner may require to verify the Contractor's 5.2.1 Evaluations of the Owner's Project budget, Applications for Payment or to ascertain how or for preliminary estimates of Construction Cost and what purposes the Contractor has used the money detailed estimates of Construction Cost, if any, paid by or on behalf of the Owner. prepared by the Architect, represent the Architect's 4.9 The services, information, surveys and reports best judgment as a design professional familiar with required by Paragraphs 4.5 through 4.8 shall be the construction industry. It is recognized, however, furnished at the Owner's expense, and the Architect that neither the Architect nor the Owner has control shall be entitled to rely upon the accuracy and over the cost of labor, materials or equipment, over completeness thereof. the Contractor's methods of determining bid prices, 4.10 Prompt written notice shall be given by the or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and Owner to the Architect if the Owner becomes aware does not warrant or represent that bids or negotiated of an y fau It or defect in the Proj ect or prices will not vary from the Owner's Project budget nonconformance with the Contract Documents. or from any estimate of Construction Cost or 4.11 The proposed language of certificates or evaluation prepared or agreed to by the Architect. . certifications req uested of the Architect or Architect's 5.2.2 No fixed limit of Construction Cost shall be consultants shall be submitted to the Architect for established as a condition of this Agreement by the review and approval at least] 4 days prior to furnishing, proposal or establishment of a Project execution. The Owner shall not request certifications budget, unless such fixed limit has been agreed upon that would require knowledge or services beyond the in writing and signed by the parties hereto. If such a scope of this Agreement. fixed limit has been established. the Architect shall ARTICLE 5 be permitted to include contingencies for design, CONSTRUCTION COST bidding and price escalation, to determine what materials. equipment, component systems and types 5.1 DEFINITION of construction are to be included in the Contract Documents, to make reasonable adjustments in the 5.1.1 The Construction Cost shall be the total cost or scope of the Project and to include in the Contract estimated cost to the Owner of all elements of the Documents alternate bids to adjust the Construction Project designed or specified by the Architect. Cost to the fixed limit. Fixed limits. if any, shall be increased in the amount of an increase in the Contract 5.1.2 The Construction Cost shall include the cost at Sum occurring after execution of the Contract for current market rates of labor and materials furnished Construction. by the Owner and equipment designed, specified, 5.2.3 If the Bidding or Negotiation Phase has not selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's commenced within 90 days after the Architect overhead and profit. In addition, a reasonable submits the Construction Documents to the Owner. allowance for contingencies shall be included for any Project budget or fixed limit of Construction market conditions at the time of bidding and for Cost shall be adjusted to reflect changes in the changes in the Work during construction. general level of prices in the construction industry between the date of submission of the Construction . AlA DOCUMENT B 141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 . THE AMERICAN INSTITUTE OF ARCHITECTS. 17B NEW YORK AVENUE N W,. WASH!NGTON, D C. ~0006~.5::!92 WARNING. Unlicensed pholocopYlng ."ialale!! US copyright lilw!I and is ,lIubject 10 tegal prosecution. Thi!. document wu dcctloni~ally produced under IiCl'.:nse nllmbr:r I09S00193~ al'ld can be reproduced withoul y\ol9.uon unul IOf29/9~ Electronic Document Service B 14 I -1987 8 -------- - ~ Documents to the Owner and the date on which others on other projects, for additions to this Project - proposals are sought. or for completion of this Project by others, unless the 5.2.4 If a fixed limit of Construction Cost (adjusted Architect is adjudged to be in default under this as provided in Subparagraph 5.2.3) is exceeded by Agreement, except by agreement in writing and with the lowest bona fide bid or negotiated proposal, the appropriate compensation to the Architect. Owner shall: 6.2 Submission or distribution of documents to meet .1 give written approval of an increase in official regulatory requirements or for similar such fixed limit; purposes in connection with the Project is not to be .2 authorize rebidding or renegotiating of the construed as publication in derogation of the Architect's reserved rights. Project within a reasonable time; .3 if the Project is abandoned, terminate in ARTICLE 7 accordance with Paragraph 8.3; or ARBITRA TION .4 cooperate in revising the Project scope and 7.1 Claims, disputes or other matters in question quality as required to reduce the Construction between the parties to this Agreement arising out of Cost. or relating to this Agreement or breach thereof shall 5.2.5 If the Owner chooses to proceed under Clause be subject to and decided by arbitration in 5.2.4.4, the Architect, without additional charge, accordance with the Construction Industry Arbitration Rules of the American Arbitration shall modify the Contract Documents as necessary to Association currently in effect unless the parties comply with the fixed limit, if established as a condition of this Agreement. The modification of mutually agree otherwise. Contract Documents shall be the limit of the 7.2 Demand for arbitration shall be filed in writing . Architect's responsibility arising out of the with the other party to this Agreement and with the establishment of a fixed limit. The Architect shall be American Arbitration Association. A demand for entitled to compensation in accordance with this arbitration shall be made within a reasonable time Agreement for all services performed whether or not after the claim, dispute or other matter in question the Construction Phase is commenced. has arisen. In no event shall the demand for arbitration be made after the date when institution of ARTICLE 6 legal or equitable proceedings based on such claim, USE OF ARCHITECT'S DRAWINGS, dispute or other matter in question would be barred SPECIFICA TIONS AND OTHER by the applicable statutes of limitations. DOCUMENTS 7.3 No arbitration arising out of or relating to this 6.1 The Drawings, Speci fications and other Agreement shall include, by consolidation, joinder or documents prepared by the Architect for this Project in any other manner, an additional person or entity are instruments of the Architect's service for use not a party to this Agreement, except by written solely with respect to this Project and, unless consent containing a specific reference to this otherwise provided, the Architect shall be deemed the Agreement signed by the Owner, Architect, and any author of these documents and shall retain all other person or entity sought to be joined. Consent common law, statutory and other reserved rights, to arbitration involving an additional person or entity including the copyright. The Owner shall be shall not constitute consent to arbitration of any permitted to retain copies, including reproducible claim, dispute or other matter in question not copies, of the Architect's Drawings, Specifications described in the written consent or with a person or and other documents for information and reference in entity not named or described therein. The foregoing connection with the Owner's use and occupancy of agreement to arbitrate and other agreements to the Project. The Architect's Drawings, Specifications arbitrate with an additional person or entity duly or other documents shall not be used by the Owner or consented to by the parties to this Agreement shall be . specifically enforceable in accordance with ~~-- AlA DOCUMENT Bl41 ~ OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA. COPYRIGHT 19!7 . THE AMERICAN INSTITUTE OF ARCHITECTS. ]7]5 NEW YORK AVENUE N.W , WASHINGTON, DC, .20006..5::'92 WARNtNG: Unlicensed phOlocop~ing .....iolates US copyright lawl and is subject to legal pro5eculion. Thi:!o document W~ eleC:lronl(;aHy prodl,lI;~d under llC:en~e number ID9~OOP}Jg and can be reproduced wilhout Violation until 10/29/95 Electron ie Document Service B 141-1987 9 .- applicable law in any court having jurisdiction services performed prior to termination, together with -- thereof. Reimbursable Expenses then due and all Termination 7.4 The award rendered by the arbitrator or Expenses as defined in Paragraph 8.7. arbitrators shall be final, and judgment may be 8.7 Termination Expenses are in addition to entered upon it in accordance with applicable law in compensation for Basic and Additional Services, and any court having jurisdiction thereof. include expenses which are directly attributable to termination. Termination Expenses shall be ARTICLE 8 computed as a percentage of the total compensation TERMINA TION, SUSPENSION OR for Basic Services and Additional Services earned to ABANDONMENT the time of termination, as follows: 8.1 This Agreement may be terminated by either .1 Twenty percent of the total compensation party upon not less than seven days' written notice for Basic and Additional Services earned to should the other party fail substantially to perform in date if termination occurs before or during accordance with the terms of this Agreement through the predesign, site analysis, or Schematic no fault of the party initiating the termination. Design Phases; or 8.2 If the Project is suspended by the Owner for .2 Ten percent of the total compensation for more than 30 consecutive days, the Architect shall be Basic and Additional Services earned to date compensated for services performed prior to notice of if termination occurs during the Design such suspension. When the Project is resumed, the Development Phase; or Architect's compensation shall be equitably adjusted .3 Five percent of the total compensation for to provide for expenses incurred in the interruption Basic and Additional Services earned to date and resumption of the Architect's services. if termination occurs during any subsequent . 8.3 This Agreement may be terminated by the Owner phase. upon not less than seven days' written notice to the ARTICLE 9 Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner MISCELLANEOUS PROVISIONS for more than 90 consecutive days. the Architect may 9.1 Unless otherwise provided, this Agreement shall terminate this Agreement by giving written notice. be governed by the law of the principal place of 8.4 Failure of the Owner to make payments to the business of the Architect. Architect in accordance with this Agreement shall be 9.2 Terms in this Agreement shall have the same considered substantial nonperformance and cause for meaning as those in AlA Document A201, General termination. Conditions of the Contract for Construction, current 8.5 If the Owner fails to make payment when due the as of the date of this Agreement. Architect for services and expenses, the Architect 9.3 Causes of action between the parties to this may. upon seven days' written notice to the Owner, Agreement pertaining to acts or failures to act shall suspend performance of serv ices under this be deemed to have accrued and the applicable Agreement. Unless payment in full is received by the statutes of limitations shall commence to run not later Architect within seven days of the date of the notice, than either the date of Substantial Completion for the suspension shall take effect without further acts or failures to act occurring prior to Substantial notice. In the event of a suspension of services, the Completion, or the date of issuance of the final Architect shall have no liability to the Owner for Certificate for Payment for acts or failures to act delay or damage caused the Owner because of such occurring after Substantial Completion. suspension of services. 9.4 The Owner and Architect waive all rights against 8.6 In the event of termination not the fault of the each other and against the contractors. consultants, Architect, the Architect shall be compensated for agents and employees of the other for damages, but . ~-, .- -- --- AlA DOCUMENT B HI - QWNER-ARCHJTECT AGREBIENT - FOURTEENTH EDITION - AlA - COPYRIGHT IQS7 - THE AMERICAN INSTITUTE OF ARCHITECTS. I 735 ~w YORK AVENUE N W . WASHINGTON, D C, ~0006-":9: WARNING Unlicen:'l:ed phoLocopyil"lg Iw'wlilu:g US I:opydght ~ZlW' ilnd is .'iubjetl to legaL pro:lI:cution. Th~s dor.:UfTll:nt ""., ele-clromcally produced l,Jnd~r liceme nLlmb~r 109';001939 and can be reproduced wlthout violallon until 10/29/95- Electronic Document Service B 141-1987 ]0 ----. -..--- -- -. ---- ----------- ------- - -----.- - - -- ...--..-.---- . only to the extent covered by property insurance ARTICLE 10 during construction, except such rights as they may PA YMENTS TO THE ARCHITECT have to the proceeds of such insurance as set forth in the edition of AlA Document A201, General 10.1 DIRECT PERSONNEL EXPENSE Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and 10.1.1 Direct Personnel Expense is defined as the Architect each shall require similar waivers from direct salaries of the Architect's personnel engaged their contractors, consultants and agents. on the Project and the portion of the cost of their 9.5 The Owner and Architect, respectively, bind mandatory and customary contributions and benefits related thereto, such as employment taxes and other themselves, their partners, successors, assigns and statutory employee benefits, insurance, sick leave, legal representatives to the other party to this holidays, vacations, pensions and similar Agreement and to the partners, successors, assigns contributions and benefits. and legal representatives of such other party with respect to all covenants of this Agreement. Neither 10.2 REIMBURSABLE EXPENSES Owner nor Architect shall assign this Agreement without the written consent of the other. 10.2.1 Reimbursable Expenses are in addition to 9.6 This Agreement represents the entire and compensation for Basic and Additional Services and integrated agreement between the Owner and include expenses incurred by the Architect and Architect and supersedes all prior negotiations, Architect's employees and consultants in the interest representations or agreements, either written or oral. of the Project, as identified in the following Clauses. This Agreement may be amended only by written 10.2.1.1 Expense of transportation in connection instrument signed by both Owner and Architect. with the Project; expenses in connection with 9.7 Nothing contained in this Agreement shall create authorized out-of-town travel; long-distance . a contractual relationship with or a cause of action in communications; and fees paid for securing approval favor of a third party against either the Owner or of authorities having jurisdiction over the Project. Architect. 10.2.1.2 Expense of reproductions. postage and 9.8 Unless otherwise provided in this Agreement, the hand ling of Ora wings. Speci fications and other Architect and Architect's consultants shall have no documents. responsibility for the discovery, presence, handling. 10.2.1.3 If authorized in advance by the Owner. removal or disposal of or exposure of persons to expense of overtime work requiring higher than hazardous materials in any form at the Project site. regular rates. including but not limited to asbestos, asbestos 10.2.1.4 Expense of renderings, models and mock- products, polychlorinated biphenyl (PCB) or other ups requested by the Owner. toxic substances. 9.9 The Architect shall have the right to include 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance. representations of the design of the Project, including requested by the Owner in excess of that normally photographs of the exterior and interior, among the carried by the Architect and Architect's consultants. Architect's promotional and professional materials. The Architect's materials shall not include the 10.2.1.6 Expense of computer-aided design and Owner's confidential or proprietary information if the drafting equipment time when used in connection Owner has previously advised the Architect in with the Project. writing of the specific information considered by the 10.3 PAYMENTS ON ACCOUNT OF BASIC Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on SERVICES the construction sign and in the promotional 10.3.1 An initial payment as set forth in Paragraph materials for the Project. . 11.1 is the minimum payment under this Agreement. -- ---~ "- -'-~ '- - AlA DOCUMEN"T B141 - OWNER-ARCHITECT AGREEME~T . FOURTEENTH EDITION - AlA. COPYRIGHT 1987 - TilE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N W., WASHINGTON, D C :!0006-S:92. W.-\.RNlNG Unlicerl!o~d photoc;:oPYIl'1.B Violates US copyrlStJt laws and ;! .mbj-e-c:t to Il':gal prosecution ThiJ document wa, electronically produced under license number \QcJ50019J9 i'lnd C!In be reproduced withoul '..ioii!.licn until IOi::lW95 Electronic Document Service B 141-1987 1 I -.- 10.4 PAYMENTS ON ACCOUNT OF -- 10.3.2 Subsequent payments for Basic Services shall ADDITIONAL SERVICES be made monthly and, where applicable, shall be in proportion to services performed within each phase 10.4.1 Payments on account of the Architect's of service, on the basis set forth in Subparagraph Additional Services and for Reimbursable Expenses 11_2.2_ sha\1 be made monthly upon presentation of the 10.3.3 If and to the extent that the time initially Architect's statement of services rendered or expenses incurred. established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the 10.5 PAYMENTS WITHHELD Architect, compensation for any services rendered during the additional period of time shall be 10.5.1 No deductions shall be made from the computed in the manner set forth in Subparagraph Architect's compensation on account of penalty, I 1.3 _2. liquidated damages or other sums withheld from 10.3.4 When compensation is based on a percentage payments to contractors, or on account of the cost of of Construction Cost and any portions of the Project changes in the Work other than those for which the are deleted or otherwise not constructed, Architect has been found to be liable. compensation for those portions of the Project shall 10.6 ARCHITECT'S ACCOUNTING RECORDS be payable to the extent services are performed on those portions, in accordance with the schedule set 10.6.1 Records of Reimbursable Expenses and forth in Subparagraph 11.2.2, based on (1) the lowest expenses pertaining to Additional Services and bona fide bid or negotiated proposal, or (2) if no such services performed on the basis of a multiple of bid or proposal is received, the most recent Direct Personnel Expense shat! be available to the preliminary estimate of Construction Cost or detailed Owner or the Owner's authorized representative at . estimate of Construction Cost for such portions of the mutually convenient times. Project. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of zero Dollars ($0.00 ) 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 SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages. and identify phases to which particular methods of compensation apply, If necessary.) Stipulated sum of forty-nine thousand and five hundred dollars ($49,500). Payments are to be made monthly for percentage of work completeL 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) . ALA DOCUMENT 814\ _ OWNER-ARCHITECT AGREEMENl" - FOURl"EENTH EDITION. AlA - COPYRIGHT \987 - THE AMERlCAN INSTITUTE OF ARCHITECTS, Ins NEW YORK AVENUE N.W, WASHINGTON. 0 C. 20006-5192 WARNING Unlicen,ed photOCOPYing viola.., US copy,ight law, Ind i. ,uhjec,.o legll pro.ecul;on. Thi, document WI! e1ectronicllly produced undcr liceme number 1095001939 and can be rcproduccd Without violation unliI 10/29/95 Electronic Document Service B 14 I - I 987 12 --- - -------""-- - Schematic Design Phase: percent ( %) - Design Development Phase: percent ( %) Construction Documents Phase: percent ( %) Bidding or Negotiation Phase: percent ( %) Construction Phase: percent ( %) Total Basic Compensation 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 computed as follows: Owner has elected to have Architect provide only minimal services during construction (site representation). None of the services described in Article 3.2 are desired by the Owner, and are therefore not a part of this agreement. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) . To be billed monthly at current hourly billing rates for personnel providing services. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one hundred and ten percent eL1J times the amounts billed to the Architect for such services. (Identify specific types of consultants In Article l2. ifrequired.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one hundred CLQJ times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twelve UV months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty (JQ) days from the date of the Architect's invoice. Amounts unpaid sixty~ (QQJ 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 interest agreed upon.) eighteen percent (18%) per year. . ~- ALA DOCUMENT B 141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - ALA - COPYRIGHT 1917 _ THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK A VENUE N_W_. WASHINGTON, D C, 20006~S29~ W ARN[NG~ Unlicensed photocopYIJlg Ylolatels U S. copyright I_WI and ~s subject 10 lega! p-ro...c:cut~O"_ Thi!l dOl;umc:nl wu electronically produced under license number 1095001939 ;\tLd CaIl be reproduced wlthouf vioi.llon Ilntil 10/29/95- Electronic Document Service B 141-1987 13 - . - (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other - regulations at the Owner's and Architect's principal places of business. the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications. and also regarding requirements such as written disclosures or waivers.) 11.5.3 The rates and multiples set forth for Additional Services shall be anllUa-~Iy-adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 12.1 Substitute" ArchitectlEngineer" or "AlE" for Architect through the entire document. 12.2 Project Scope Well House Improvements, City of Hopkins, City Project No. 95-05 The PROJECT involves an interactive "Architect"I"Owner" working relationship leading to improvements in OWNER'S old Well House #1 (located adjacent to OWNER'S large, tall water storage reservoir which is iust ~outh of County Road 3 in Hopkins, Minnesota. Specific PROJECT elements include: improvements to pumping, piping, and valves; improved and additional building storage space; elimination of water filtration facilities; provision for exgansio!L of the future; improved instrumentation and control; and enhanc~.Qbuilding appearance. 12.3 Scope of Services ~ite Analvsis Assistance - Conductsite review including: land area-> site grading/development. site . investigation/testing, (site survey. geotechnical. environmental), utility systems @ater, sewer, stonn. power. gas, communication), vehicle access. vehicle parking, storage, site amenitites. fencing, screening, landscaping, site lighting. Review the needs. goals and design conc~ts with the City. Summarize analysis_and present to the City. Conceptual Desi~m - Review and revise the b_uilding space program. Prepare schematic design options and present to the CitL Incorporate the City's fee_dback into a refined design. Design Development - Prepare and present to the City a final design and opinion of probable costs. Review preliminary contract documents with City. Finalize project schedule. Implementation - Prepare final contract documents. Review final con!ract documents_~ith City. Assist Owner with advertising and bidding of project. Construction Services - Assist with cont~act award. Perform periodic site observations. Conduct routine progress meetings and prepare status reports. Review shop drawings. Review contracto1"..Q~ applications. c:oordiante with the Building inspector and Contractor. Owner Occupancy - Review substantial completion. Conduct systems training and orientation (including maintenance and operations). Prepare certificate of occupancy. Follow-up - Conduct post occupancy evaluations/surveys. 12.4 Delete the first sentence of Paragraph 2.6.11, all of Article 7, and Paragraph 10.3.4 from thi?~reement. . -- -~- AlA DOCUMENT B 141 _ OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION. AlA - COPYRIGHT 1981 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A VENUE N. W . WASHINGTON, DC, 20006-5292 WARNING UnllCcn,cd photocop~ing .iolote, U S copyright l&wl and" .ubject \0 leil.I pro.ccution Tni' document W&j eJectmnJcslly produced under licE:f15e number 10-95001939 a.nd -can be r~produced withollt vlolallon until 10/29/9:5 Electronic Document Service B 14 1-1987 14 . - - This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signature) (Signature) Robert F. Roskopf President (Printed name and title) --~----------------------~~-------.._-- - Harry Koutsoumbos . Vice President (Printed name and title) . AlA DOCUMENT Bl41 _ OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987. THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK A VENUE N.W., WASHINGTON, DC, 20006-5292. WARNING: Vnlico".od photocopying viol.... V.S. cOPFighll.w. and i. ."bj,cllo '.got pro..c",;on. Thi. docum.nl w" etechoniuUy produced under ficense numbc:r I09500L9J9 and cln be n:produc.ed without viot..ljon until 10/29/95. Electronic Document Service 8141-1987 15 .........