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2006-05-09PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. / ~ ~ 1-e~ 0 ~~ AGENDA ~~~~~ tTaS~~ &~ 12EDE :EL4P~IVIENT AUTH~I~ITY ~. ~`' T~ ._. ~: ri9~ 7625 PM M~~. ~,~ ° ~~~T~'Y" COUN`CIL G~Al~~BERS Pale 1. Open meeting 2. Action approving agenda, with any amendments 3. Action approving minutes: Apri125, 2006 4. A royal of Contract with Walker Parkin Consultants for PP g professional services for design of Transit District Parking Deck and preparation of plans and specs 5 . Adjourn 1-2 3 -24 ;~~«. L~= MOUND HOUSING AND REDEVELOPMENT AUTHORITY APRIL 25, 2006 The Housing and Redevelopment Authority of and for the City of Mound, Minnesota, met in regular session on Tuesday, April 25, 2006, at 6:30 p.m. in the council chambers of city hall. Members Present: Chairperson Pat Meisel; Commissioners David Osmek, Bob Brown, Mike Specht and John Beise. Others Present: City Attorney John Dean, Executive Director Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Financial Advisor Dave Callister, Finance Director Gino Businaro, Cindy Reiter. 1. Open Meeting Chair Meisel opened the meeting at 6:30 p.m. 2. Approve Agenda MOTION by Brown, seconded by Osmek to approve the agenda. All voted in favor. Motion carried. 3. Approve Minutes MOTION by Brown, seconded by Osmek to approve the minutes of the April 11, 2006 meeting. All voted in favor. Motion carried. 4. Indian Knoll Manor Manacter's Monthly Report Cindy Reiter presented the monthly report as follows: A. March Bank Statement B. February Income Statement C. Review of Bills Paid: MOTION by Brown, seconded by Osmek to approve payment of the bills as presented for April, 2006. All voted in favor. Motion carried. 5. Discussion/Action on Transit District Parking Deck, including consideration of contract with Walker Parking Sarah Smith reviewed the history of the project. The deadline to complete construction of the parking deck, in order to secure the $1 million TOD grant, is June 2007. Discussion followed regarding the feasibility of replacing the $800,000 green roof concept, with a 3~d deck. It is estimated that the third deck, engineering fees and beefed up foundation and columns would be about $930,000. By pledging the maximum HRA levy, plus inflation, for the term of the bonds, plus if the 10% contingency is not needed, the proposed combined methods of financing should be close to paying for the project. -1- Staff recommends bidding this project with the base bid plus an add-alternate for the 3rd deck, and an add-alternate for oversized foundation and columns to allow possible addition of a 3rd deck in the future. MOTION by Osmek, seconded by Specht to approve proceeding with the Transit District Parking Deck, bidding the base project, plus two add-alternatives, being fora 3rd deck, and for oversized foundation and columns to allow addition of a 3rd deck in the future. All voted in favor. Motion carried. MOTION by Beise, seconded by Specht to authorize staff to negotiate a contract with Walker Parking for professional services for facility design and preparation of plans and specifications. All voted in favor. Motion carried. 6. Informational -Letter from Dave Callister of Ehlers & Associates on pre- payment of bonded debt Callister was present to answer any questions, but Council indicated that his letter of April 17t" answered their concerns. 7. Ad'~ourn MOTION by Specht, seconded by Brown to adjourn at 7:27 p.m. All voted in favor. Motion carried. Chair Pat Meisel Attest: Bonnie Ritter, City Clerk -2- 5341 Maywood Road Mound, MN 55364 (952)472-3190 MEMORANDUM To: HRA From: Sarah Smith, Community Development Director Date: May 2, 2006 Re: Contract for Professional Services Summary. At its April 25, 2006 meeting, the HRA heard a presentation regarding the Transit District parking deck project and directed Staff to proceed with negotiation of a contract with Walker Parking Consultants for design and preparation of plans and specifications. Recommendation Action. Staff recommends that the proposed contract from Walker Parking for professional services for facility design and preparation of plans and spec cations be approved subject to review and comments from the City Attorney, if applicable. ~~~~; ~~~ ~,~w? -3- Cetrtification of Document's Aufhenficity AIA® Documenf D401 TM - 2003 I, Terry Hakkola, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 14:39:30 on 04/25/2006 under Order No. 1000222039_1 from AIA Contract Documents software and that in prepazing the attached final document I made no changes to the original text of AIA® Document B 141TM - 1997 Part 2 - Standazd Form of Architect's Services: Design and Contract Administration, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. .(Signed)'. (Title) (Dated) ___ AIA Document D401T" -2003. Copyright ©1992 and 2003 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 AIA19 Document, or any portion of it, ~ may result in severe civil and criminal penalties, and will be prosecuted io the maximum extent possible under the law, Thls document was produced by AIA software at 14:39:30 on 04/25/2006 under Order No.1000222039_1 which expires on 2/14/2007, and is not for resale. User Notes: (3701317959) -4- e~ '= == Document B141T" -1997 Part 1 .Standard Form of Agreement Between Owner and Architect with Sfandard Form of Archifect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OFTHE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the day of in the year (In words, indicate day, month and year) BETWEEN'the Architect's client identified as the Owner: (Name, address and other information) City of Mound 5341 Maywood Road Mound, MN 55364. Telephone Number: 952-472-0609 Fax Number: 952-475-0620 and the Architect: (Name; address and other information) Walker Parking Consultants/Engineers, Inc 1660 South Highway 100, Suite 350 Minneapolis, MN 55416. Telephone Number: 952-595-9116 .Fax Number: 952-595-9518 For the following Project: (Include detailed description of Project) Mound Transit Center Parking Facility City of Mound 5341 Maywood Road Mound, MN 55364 Two level parking structure (one on grade, one supported) providing approximately 126 parking spaces on the site, the surface pazking lot for True Value Hardware, and the Farmers Market pazking lot. The Owner and Architect agree as follows: An add alternate for approximately 56 spaces will be provided. The foundations will be sized for the three level structure. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B141TM -1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977,1987 and 1997 by The American Institute of Architects. Alt 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 16:43:53 on 04/28/2006 under Order No.1000222033_t which expires on 2/14!2007, and Is not for resale. User Notes: (1583684718) -5- ARTICLE 1.1 INITIAL INFORMATION § 1,1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution" or "to be determined later by mutual agreement. ") § 1.1.2 PROJECT PARAMETERS § 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) Provide transit,pazking (50 spaces), public pazking (76 spaces) in the parking ramp. Provide Farmers Market parking (16 spaces), and True Value Hardware parking (33 spaces). The final site caz count will be approximately 175 spaces plus an additional 56 space add alternate level.. § 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) The project is bounded by Shoreline Drive/CSAH 15, Commerce Boulevard/CSAH 110, and the Hennepin County Regional Rail/LRT Corridor. The project will be a two level (one supported, one on grade) concrete parking structure approximately 165' x 120'. The structural system will be post-tensioned concrete with abrick/stone facade fronting Shoreline Drive/CSAH 15. Two open stairs will be provided with provisions for a future elevator tower. Entry/exit will be from the internal road. A transit waiting area with a unisex restroom will be provided. The TrueValue Hardware store parking lot will be modified. A Farmers Market parking lot and platform to match the future LRT platform elevations will be provided. An add alternate for approximately 56 spaces will be provided. The foundations will be sized for the three level pazking facility. § 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) The construction of a two-level concrete parking structure with an add alternate for a third level and associated sitework. Architect shall review the program furnished by the Owner to ascertain the requirements (including all applicable code requirements) of the Project and shall review the understanding of such requirements with the Owner. § 1.1.2.4 The legal parameters ate: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) The facility will be located per the Owner's Surveyor. § 1.1.2:.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: $3,343,125.00 .Z Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: $2,888,125.00 § 1.1.2.6 The time parameters aze: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) PHASE TO BE COMPLETED Schematic Design Phase May 31, 2006 Design Development June 30, 2006 Construction Documents July 31, 2006 Construction Completion May 31, 2007 § 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) AIA Document 6141 ^" -1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by T he American Institute of Architects. Ail rights reserved. WARNING: This AIA° Document is protected by V.S. Copyright Law and International Treaties. 2 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 lew. This document was produced by AIA software at 16:43:53 on 04/28/2006 under Order No.1000222033_1 which expires on 2/14/2007, and is not for resale. (1583684718) User Notes: -6- Competitive bid. § 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements. ) The Owner shall acquire all permits for the project to be constructed. § 1.1.3 PROJECT TEAM § 1.1.3.1 The Owner's Designated Representative is: (List name, address and. other information.) Carlton Moore City Engineer 5341 Maywood Road Mound, MN 55364 CarltonMoore @ cityofmound. com § 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals ro the Owner are: (List name, address and other information.) § 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) STS Consultants, Ltd. 10900 73`~ Avenue North Suite 150 MapleGrove, Minnesota. 55369 Landform Engineering 510 IS` Avenue N Suite 650 Minneapolis, MN 55403 § 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) lames Meyer, P.E. Project Manager Walker Parking Consultants/Engneers, Inc 1660 South Highway 100,'Suite 350 Minneapolis, MN 55416 § 1.1.3.5 The consultants retained at the Architect's expense aze: (List discipline and, if known, identify them by name and address.) SRF Consulting One Carlson Parkway North, Suite 150 Minneapolis, MN 55447 r' ~~ Hoisington Koegler Group, Inc 123 North Third Street, Suite 100 Minneapolis, MN 55401 AIA Document 6141 Ta -1997 Pert 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, t 977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AtA° 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 16:43:53 on 04/2812006 under Order No.1000222033_t which expires on 2/14/2007, and is not for resale. User Notes: (1583684718) -7- §.1.1.4 Other important initial information is: § 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, or as follows: § 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, n'that event, fhe Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Section 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES § 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. § 1.2.2 OWNER § 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regazding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessazy and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. § 1.2.2.3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services aze requested by the Architect and are reasonably required by the scope of the Project. § 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required bylaw or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazazdous materials. § 1.2.2.6 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. §..1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes awaze of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. § 1.2.3 ARCHITECT § 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. § 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and AIA Document 6141 TM -1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe' 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 16:43:53 on 04/28/2006 under Order No.1000222033_1 which expires on 2/14/2007, and is not for resale. User Notes: (1583684718) -$- for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. § 1,2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the ArchitecC from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. § 1.2.3.5 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 appeaz to compromise the Architect's professional judgment with respect to this Project. § 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. § 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS § 1.3.1 COST OF THE WORK § 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a sepazate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that aze the responsibility of the Owner. § 1.3.2 INSTRUMENTS OF SERVICE § 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similaz nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and ~~ maintaining the Project. ®'," B AIA Document B141 TM -1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA10 Document is protected by U.S. Copyright Law and International Treaties. 5 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 16:43:53 on 04/28/2006 under Order No.1000222033_1 which expires on 2/14/2007, and is not for resale. User Notes: (1583684718) -9- § 1.3.2.3 Except for the licenses granted in Section 1.3.2.2, 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. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2. Subnussion or distribution of Instruments of Service to meet official regulatory requirements or for similaz 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. The Owner shall not ..use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of thednstruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 1.3.2.4 Prior'to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the .Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. § 1.3.3 CHANGE IN SERVICES § 1.3.3.1 Change in Services of he Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except fora change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1.5.5. § 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 .3 .4 .5 .6 .7 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; decisions of the Owner not rendered in a timely manner; significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; failure of performance on the part of the Owner or the Owner's consultants or contractors; preparation for and attendance at a public heazing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; change in the information contained in Article 1.1. § 1.3.4 MEDIATION § 1.3.4.1 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 reinstate the institution of legal or equitable proceedings by either party. 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 azbitration. '§ 1.3.4.2 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 in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be Filed in writing with the other party to this Agreement and with the American Arbitration Association. AIA Document 6141 TM -1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 6 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 16:43:53 on 04/28/2006 under Order No.1000222033_1 which expires on 2/14/2007, and is not for resale. User Notes: (1583684718) _lo_ § 1.3.4.3 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. § 1.3.5 ARBITRATION § 1.3.5.1 § 1.3.5,2 § 1.3.5.3 § .1.3.5.4 § 1'.:3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question azising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Section 1.3.8. § 1.3.7 MISCELLANEOUS PROVISIONS § 1.3.7.1 This Agreement shall be governed by the law of the State of Minnesota, unless otherwise provided in Section 1.4.2. § 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts ar failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. § 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the 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 the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 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. § 1.3.7.5 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. § 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 1.3.7.7 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 proprietazy. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 1.3.7.8 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. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. AIA Document B141TM -1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 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 16:43:53 on 04/28/2006 under Order No.1000222033_f which expires on 2/14/2007, and is not for resale. User Notes: (1583684718) _11_ § 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other pazty to this Agreement and to the paztners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign xhis Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.7.10 Hazardous Material. The Owner agrees, notwithstanding any other provision of this Agreement and to the fullest extent permitted by law, to defend indemnify and hold hazmless the Architect, its officers, partners, employees, agents and consultants from and against any and all claims, suits, demands, liabilities, losses or costs, including reasonable attorneys fees and costs, resulting or accruing to any and all persons, firms and any other legal entity, caused by, or arising out of or in any way connected with the detection, presence, handling, removal, abatement or disposal of any asbestos, hazardous or toxic substances, product or materials that exist on, over, or adjacent to the jobsite, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability'or any other cause of action. § 1.3.8 TERMINATION OR SUSPENSION § 1.3.8.1 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, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shat] 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. § 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect 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. § 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' writCen notice. § 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the pazty initiating the termination. § 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 1.3.8.7. § 1.3.8.7 Termination Expenses aze in addition to compensation for the services of the Agreement 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. § 1.3.9 PAYMENTS TO THE ARCHITECT § 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. AIA Document 8141 T" -1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA"° Document Is protected by U.S. Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AIA01 Document, or eny 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 16:43:53 on 04!2812006 under Order No.1000222033_t which expires on 2/1412007, and is not for resale. User Notes: (158368471 B) -12- 1 § 1.3.9.2 Reimbursable Expenses are included in the compensation to a limit of $20,000 for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of--town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7- reimbursable expenses as designated in Section 1.5.5; .8 other similar direct Project-related expenditures. § 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. § 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS § 1.4.1 Enumeration of Parts of the Agreement. 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. This Agreement comprises the documents listed below. § 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B 141-1997. § 1.4.1:2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B 141-1997, or as follows: (List other documents, if any, delineating Architect's scope of services.) § 1.4.1.3 Other documents as follows: (List other documents, if any, forming part of the Agreement.) § 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: 1.4.2.1 The Owner acknowledges that the requirements of federal, state, and local laws, rules, codes, ordinances, and regulations, including the American with Disabilities Act (ADA) aze subject to various and possibly contradictory interpretations. The Architect will use reasonable professional efforts and judgment to correctly interpret and apply such requirements. Architect however cannot and does not warrant or guarantee that the project will comply with the interpretation of such requirements by others. 1.4:2.2 The Architect shall exercise usual and customazy professional care in his or her efforts to comply with all codes regulations, and laws in effect as of the date of the execution of this Agreement. 1.4.2.3 The Architect shall be responsible for the reasonable actual cost to redesign, replace, or correct the structure or its parts that aze damaged as a direct result of the Architect's sole negligent acts errors, or omissions. However, the Architect shall not be responsible for the consequential damages caused thereby including but not limited to business interruptions, loss of revenue, or cost to finance the project, except to the extent covered by the Architect's insurance, as required herein. AIA Document 8141 *~ -1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. Ail rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this AIA°' Document, or any portion of ft, may result in severe clvii and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:43:53 on 04/28/2006 under Order No.1000222033_t which expires on 2/14/2007, and is not for resale. User Notes: (1583684718) -13- 1.4.2.4 Owner recognizes that this project is unique and shall include in the overall budget a Construction Allowance equal to 2% of the Construction Cost. These funds will be used for construction additions, deletions, and modifications as the Architect may direct. The purpose is to provide for unknown and unintentional omissions or discrepancies in the Construction Documents prepared by the Architect. It is not to be used for unit cost adjustments or for Owner's changes in the project. 1.4.2.5 Architect will perform the services in this Agreement in accordance with generally accepted standards of the profession. No other warranty, express or implied, is made. Architect's liability to Owner, and all persons providing work or materials to this project as a result of acts errors or omissions on the part of Architect shall be limited to $1,000,000.00 or the Architect's total fees for services rendered on this project, whichever is greater. 1.4.2.6 The Owner and the Architect acknowledge that any use of preliminary or incomplete plans for estimating the cost of construction may result in inaccurate estimates that changes may be required because of possible omissions, ambiguities or inconsistencies in such plans and specifications, and therefore that the costs for the project may exceed and estimate made on such basis. Accordingly, the Owner agrees to set aside a reasonable contingency reserve to be used as required to pay for any such increased project costs. The Owner further agrees to make no claim by way of direct to third-party action against the Architect or his or her sub-consultants for any associated costs. 1.4.2.7 Although during the normal course of design, attention will be given to common security concerns, Architect does not represent that he is an expert on security. Owner agrees to use his own security staff and/or independent security consultant to evaluate and document security needs and agrees to take appropriate security measures. Further, Owner agrees to the fullest extent permitted by law to indemnify and hold Architect harmless from any damage, liability, or cost (including reasonable attorney's fees and costs of defense) which may arise as a result of criminal acts. ARTICLE 1.5 COMPENSATION § 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: The total of Architect's compensation shall be Fout-Hundred Fifty-Five Thousand Dollars ($455,000), including reimbursable expenses as set forth in this Agreement unless there has been a Change in services as provided in Section 1.3.3 of this Agreement. The fee shall be considered earned per the following phases, provided that the Architect shall bill the Owner on a monthly basis for a pro rata portion of the work completed: PHASE AMOUNT Schematic Design Phase $ 70,000 Design Development Phase $ 70,000 Construction Documents $ 160,000 Bidding Fhase $ 2Q000 Construction Administration $ 120,000 Post Construction $ 15,000 §'' 1'.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Section 1.5.2, in an equitable manner. (Insert basis of compensation, including rates and 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.) § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of One and fifteen hundredths (1.15 )times the amounts billed to the Architect for such services. AIA Document B141TM -1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and international Treaties. ~ 0 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 16:43:53 on 04128/2006 under Order No.1000222033_i which expires on 2114/2007, and is not for resale. User Notes: (1583684718) -14- § 1.5.8 Payments are due and payable on receipt from the date of the Architect's invoice. Amounts unpaid Sixty 60 )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 atthe principal place of business of the Architect. (Insert rate of interest agreed upon.) § 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of One and fifteen hundredths (1.15 ) times (he expenses incurred by the Architect, and the Architect's employees and consultants. § 1.5.5 Other Reimbursable Expenses, if any, are as follows: Other Reimbursable Expenses, if any, are as follows: 1..5.5.1 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salazy review practices. §;1..5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. (Paragraph deleted) ~ 1.50% monthly (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, a~ul also regarding requirements such as written disclosures or waivers.) § 1.5.9 If the services covered by this Agreement have not been completed within eighteen ( 18 )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 Section 1.5.2. This Agreement entered into as of the day and yeaz first written above. OWNER ARCHITECT (Signature) Kandis M. Hanson City Manager (Printed name and title) ~. ~~;t. ~t (Signature) Terrence A. Hakkola, P.E. Vice President (Printed name and title) AIA Document 8741 TM -1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA°i Document is protected by U.S. Copyright Law and International Treaties. 1 ~ 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 16:43:53 on 04/28/2006 under Order No.1000222033_t which expires on 2/14/2007, and is not for resale. User Notes: (1583684718) -15- == Document B141TM -1997 Part 2 Standard Form of Architect`s Services: Design and Contract Administration TAI 2.1 22 2:3 2.4 3.5 2.6 3LE OF ARTICLES PROJECT ADMINISTRATION SERVICES SUPPORTING SERVICES EVALUATION AND PLANNING SERVICES .`.DESIGN SERVICES CONSTRUCTION PROCUREMENT SERVICES CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION$ERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES § 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Froject schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. § 2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. § 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. § 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled' to rely on approvals received from the Owner in the further development of the design. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. § 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. Init. AIA Document 6141T" -1997 Part 9Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rl hts 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 14:39:30 on 04/25/2006 under Order No.1000222039_t which expires on 2/14/2007, and is not for resale. User Notes: (3701317959) -16- § 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK § 2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current azea, volume or similar conceptual estimating techniques. As the design process progresses through the end of the prepazation of the Construction Documents, the Architect shall update and refine the preliminazy estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. § 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepazed or agreed to by the Architect. § 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessazy to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. § 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. § 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or >•enegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 1.3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. § 2.1.7.6 If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Section 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES § 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. § 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. § 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall .include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and Init. AIA Document 6141TM -1997 Part 2. Copyright ®1917, 1926, 1948, 195t, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAs 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 14:39:30 on 04/25/2006 under Order No.1000222039_1 which expires on 2/14/2007, and is not for resale. User Notes: (3701317959) -~7- information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 2:2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings,'test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground ..corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES § 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of'the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. '§ 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the '.information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. § 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES § 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. § 2.4.2 SCHEMATIC DESIGN DOCUMENTS § 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminazy building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 2.4.3 DESIGN DEVELOPMENT DOCUMENTS § 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appeazance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. § 2.4.4 CONSTRUCTION DOCUMENTS § 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. § 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and prepazation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. Init. AIA Document B141 TM -1997 Part 2. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and international Treaiies. 3 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civ11 and criminal penalties, and will be ~ prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:39:30 on 04/25/2006 under Order No.1000222039_t which expires on 2/14/2007, and is not for resale. (3701317959) User Notes: -~~- 2 4 4.3 It is understood and agreed that upon issuance of a building_permit by the anaropriate eovernmental authorities the owner shall not make any claim against the Architect for failure to comply with s;ovemine zonin>; ordinances buildingcodes or another rules reeulations or ordinances. If the goyernine authorities shall, after issuance of a building Dermit require anythine new or different that was not required as Hart of the issuance of the buildinf; permit the Architect shall be fully compensated in accordance with Article 11.3 for any service it renders in order to address such new_or different requirements. ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES § 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and prepazing contracts for construction. § 2,5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. §'2:5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. § 2.5.4 COMPETITIVE BIDDING § 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. ® § 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct apre-bid conference for prospective bidders. § 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. § 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the .bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. § 2.5.5 NEGOTIATED PROPOSALS § 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2,5.5.3 If requested by the Owner, the Architect shall organize and participate in selection interviews with prospective contractors. § 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. Init. AIA Document 614YTM -1997 Part 2gCopyrlght ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The 4 American Institute of Architects. All ri hts reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or eny 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 14:39:30 on 04/25/2006 under Order No.1000222039_1 which expires on 2/14/2007, and is not for resale. User Notes: (3701317959) -19- § 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with prospective contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the Owner. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES § 2.6.1 GENERAL ADMINISTRATION § .2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. § 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Section 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. § 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of .the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. § 2.6.1.5 The Architect shalLreview properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepazed request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clazification and the nature of the clarification requested. § 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. § 2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. § 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 2.6.2 EVALUATIONS OF THE WORK § 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or Init. AIA Document 6141TM -1997 Part 2. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA10 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 crimina{ penalties, and will be ~ prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:39:30 on 04/25/2006 under Order No.1000222039_i which expires on 2114/2007, and is not for resale. User Notes: (3701317959) _'ZO _ continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any otherpersons or entities performing portions of the Work. § 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in prepaza6on or progress. § 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. § 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessazy or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2 6 2 6 Standard of Care. Architect will perform the services in this Atreement in accordance with Qenerally accepted standards of the erofession exercisine usual and customar~nrofessional care in its efforts to comely with all normall~pplicable codes regulations and laws in effect as of the date of the execution of this Agreement. No other warrant ~}_express or implied is made. § 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR § 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum, § 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. § 2.6.4 SUBMITTALS § 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's subnuttals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor Init. AIA Document B141Tr" -1997 Part 2. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe 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 14:39:30 on 04/25/2006 under Order No.1000222039_1 which expires on 2/1412007, and is not far resale. User Notes: (3701317959) -21- or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise ,specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. §.2,6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and.design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.5 CHANGES IN THE WORK § 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with. the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Section 2.8.2. § 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect-.may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. § 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change, Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that mighrresult from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. § 2.6.5.4 The Architect shall maintain records relative to changes in the Work. § 2.6.6 PROJECT COMPLETION §,2'.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. Init. AIA Document 8141 TM -1997 Part 2. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAs Document is protected by U.S. Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AIA°D 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 isw. This document was produced by AIA software at 14:39:30 on 04/25/2006 under Order No:1000222039_t wh(ch expires on 2/14/2007, and is not for resale. User Notes: (3701317959) -22- I § 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance. of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. § 2.6.6.4 The Architect shall receive from the Contractor and forwazd to the Owner: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE 2.7 FACILITY OPERATION SERVICES § 2:7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. § 2.7.2 Upon request of the Owner, and prior to the expiration of one yeaz from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES § 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 up to One (l__) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to Fifteen (15 )visits to the site by the Architect over the duration of the Project during construction. .3 up to Two (~ inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to Two (2) inspections for any portion of the Work to determine final completion. § 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning evaluation and / or replacement of Work resulting from fire or other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. § 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility (Architect, Owner or Not Provided Location of Service Description .1 Pro rammin Owner .2 Land Surve Services Owner .3 Geotechnical Services Owner Init. AIA Document 6141*a-1997 Part 2. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 7961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. Ail rights reserved. WARNING: This AIA10 Document is protected by U.S. Copyright Law and international Treaties. 8 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 14:39:30 on 04/25/2006 under Order No.1000222039_1 which expires on 2/14/2007, and is not for resale. User Notes: (3701317959) -23- Services Responsibility (Architect, Owner or Not Provided Location of Service Description .4 S ace Schematics/Flow Dia rams Architect .5 Existin Facilities Surve s Owner .6 Economic Feasibili Studies Not Provided .7 Site Anal sis and Selection Architect .8 Environmental Studies and Re orts Owner .9 Owner'-Su lied Data Coordination Owner .10 Schedule Develo ment and Monitorin Architect .11 Civil Desi n Architect .12 Landsca e'Desi n Architect .13 Interior Desi n Not Provided .14 S eciafBiddin``orNe otiation Not Provided .15 Value Anal ss?, Not Provided :16 Detailed Cosf Estimatin Not Provided .17 On-Site Pro'ect Re resentation Not Provided .18 Construction Mana ement Not Provided .19 Start-u Assistance Not Provided .20 Record Drawin s Architect .21 Post-Contract Evaluation Architect .22 Tenant-Related Services Not Provided .23 .24 .25 Description of Services. (Insert descriptions of the services designated.) ARTICLE 2.9 MODIFICATIONS § 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: By its execution, this Standard Fotm of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document B141-1997, that was entered into by the parties as of the date: OWNER. .(Signature) ''Kandis M. Hanson City Manaeer (Printed name and title) ARCHITECT (Signature) Terrence A. Halckola. P.E. Vice President (Printed name and title) Init. AIA Document 6141TM -1997 Part 2. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA10 Document is protected by U.S. Copyright Law and International Treaties. 9 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 14:39:30 on 04/25/2006 under Order No.1000222039_1 which expires on 2/14/2007, and is not for resale. User Notes: (3701317959) -24-