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1g. Approval of Architectural Contract, KKE, City Hall ExpansionZ�oz�, AMCO/V CM ' 200 West Highway 13 Bumsolle, MN 55337 Voice. 612 - 890 -0439 Fax 612 -890 -0064 June 6, 1995 City of Chanhassen P. O. Box 147 Chanhassen, Minnesota 55317 Attn: Don Ashworth ' RE: KKE Contract for City Hall Expansion Dear Don: As discussed, we are enclosing two copies of the Owner /Architect Agreement for the Chanhassen City Hall Expansion which we received from KKE Architects. The documents have been reviewed ' by us in order to verify that the scope of services is consistent with the needs of this project. This is the second revision of the contract I have looked at; however, the first two were not t forwarded to you because they did not include the correct scope, the fee structure was too high, and the fee was set up as a percentage of actual construction costs. I have recommended that the architect be compensated on the basis of a fixed fee contract. We ' don't want to create a bias for any of the decisions they will make which affect the final project cost. The fee is based on 8% of $1.8 million project value. If the project cost is higher or lower than $1.8 million, their fee will not change. An 8% fee is slightly higher than one would expect for a new, stand -alone building. With an addition and renovation, the architect is still required to draw, analyze, and specify the work ' for an entire facility; however, the project costs are lower for most of the existing areas where only minor alterations are done. In addition, architectural fees for public sector projects are typically higher (6 -1/2 - 9 %) due to the longer life expectancy of the building, and the more cumbersome requirements of the public bidding statutes. As for the architectural expenses, these costs are typically separate from the professional fee and include items such as printing plans and copying specifications. This cost category is an area that we have some control over. If we ask for elaborate models and colored presentations and renderings, these costs will be higher. I understand that the Council needs to review this and feel comfortable with the fees, and also, that the City attorney needs to review the document. I would ask that, in the meantime, you consider a partial authorization to proceed for KKE to keep the project moving. Professional Construction Management If you have any questions regarding these documents, please feel free to call me or Ron Erickson at KKE. Sincerely, AMCON CM C Todd Christopherson Enclosures TC:kw Manager's Comments: Following Monday evening's council meeting, I went back and researched previous architectural fees. The addition on to the public works building (1988) was set at 8% of the estimated cost. The addition to the fire station (1989) was also at 8 %, but of actual costs. Both of these contracts paid expenses similar to the current contract, but I could not find the amount we actually paid under those contracts. The city hall expansion (public safety wing -1989) was set at 9% of actual costs with $13,300 being paid in expenses. All three of the contracts listed above represented major remodeling of the existing facility, but city hall (1989) was probably the most difficult, i.e. 9 %. None of the contracts were with KKE. In light of the fact that the new city hall addition will also encompass significant remodeling of the existing structure, I believe that Todd Christopherson has negotiated a very fair contract with KKE at 8 %. On Monday evening I mentioned that Todd Christopherson would be present for our work session of June 19 to further discuss this item. I am hoping that one of two things will occur this evening: 1) that the city council will approve the contract as presented with the understanding that Todd Christopherson will be further justifying his recommendation on June 19 (this represents staffs recommendation); or 2) that if the item is pulled and the decision is made to table approving this until June 26, that staff be given authorization to have KKE begin the design and implementation stage in accordance with their hourly schedule not to exceed $10,000. This schedule would only come into play if the city council were to make a decision on June 26 to employ some other firm other than KKE. Again, staff recommends approval of the KKE contract as attached and subject to approval by the City Attorney. ro ``� na! Construction Canac�en I I I I 11 11 I I I I I I I I I I I I I Amcon CM/Christopherson V 612-890-0064 806/6195 (D 11:05 AM D 212 Chanhassen City Hall Expansion Project Schedule 1996 ............................................. Project Schedule Critical Progress Summary 6/5/95 Noncritical Milestone ♦ Rolled Up TJC i AMCON CM 1995 Name Days Start Finish MIAIMIJIJIAISIOINID Start Od: 3/21/95 3/21/95 ........................................... I ................................ .............. ------------------ Complete Concept ............................. 25d ............................................... 3/21/95 4/24/95 ........................................................................ Concept Budget/Options - - --------- - - --- 10d: 4/11/95; 4/24/95 ................................................................................................................... City Review .......... ........................... 35d .......... ........ ............................... 4/25/95:: - ..... 6/12/95 ........................ . . . ..... . ... .................... .. ........ City Authorize Design/Dev. Od: 6/12/95: 6/12/95 .................... ............................... .......................................................... Design/Development 20d: 6/13/95 7/10/95 .............................................................................................................. Cost Estimates - D/D ..................... 10d: ------------------------------------ ............................................... 6/27/95!: 7/10/95 ........................... ..................... .............. ................ - ............ - ................................................ ................... ....................... City Review Costs/Designs ............................. ............................................... 10& .................. 7/11/95 ............. 7/24/95 .... ....................................... ........................................................ ........... City Authorize Project .................... 0& 7/24/95: 7/24/95 ....... .... .......... ............ ................. ................................. .......................... Final Plans & Specs, Bid Pkg I ..................... . ..... ................. 20d' ................. ........... ................... 7/25/95: -- ........... .......... - 8/21/95 ................... ............... .................. ........... ................................................................................................................... Final Plans & Specs, Bid Pkg 2 . . ............... 40d ................................................... 7/25/95 9/18/95 ............ ................... ............................................. - ............................ Bids, Analyze, Award, Pkg 1 -- 20d: --- ---- --- 8/22/95: 9/18/95 ............ ............................................................................................... Order Steel, Precast, Pkg I .. . . ... ...... . .. . Od 9/18/95 - ---------- - 9/18/95 ................ .......... . .......... .......... ............................................................................... .................. Bids, Analyze, Award, Pkg 2 ............................. ............................................. 25d:: 9/19/95; ...................................... 10/23/95 ............ .............................. I .............................................. .......... Shop Dwgs, Fab. Joists & Precast 70d 9/19/95 ........... .............. 12/25/95 .............. .................. ....................... ---- ................. Mobilize Contractors 5d: 9/19/95: : .......................... 9/25/95 ..................... ...................................................................... - ............... .............. Site Prep ............. ........................ 10d .................... ............. 9/26/95 ............................ 10/9/95 ■ ... ...... . Foundations 5d: ............. 10/10/95 10/16/95 ........................ ...................... ............................... Utilities ............................. ................... 15d; 10/10/95 .................................... 10/30/95 ................ ■ .................... ............. - ...................... ........................... Erect Steel, Precast ................... ........................ 15d;: .......... ................... 11/28/95; ........................... 12/18/95 ■ ................. - ............................................................................................. Masonry ............................. .............................................. 35d' 10/17/95: ................ 12/4/95 ... ....... .............................. ...................................... ...................... .......... Parking Lot - part .... 20d ....................................... 11/7/95 12/4/95 M ... ................................ . ........... I ............... ................ .................. Interior MEP Rough ins 15d: . ............ 1 2119/95: ............ --- .......... 1/8/96 .......... Install Joists, Deck 7d: .................. .......................................... 12/26/95 1/3/96 ................. .................................................... - ............. Windows ............... ........... ............................... 20d I ............... ............................................... 12/5/95 1/1/96 ........................... .............................................. - ....................... . Install Curbs, Roofing 15d: 1/4/96; 1/24/96 .............. -- ............. ................ --- ............ .......... Enclosed Shell Structure Od ............ 1/24/96 ............... 1/24/96 Concrete Floors 5d 1/25/96: 1 /31 /96 .................................................................................................. Finishes, MEP .................... 75d:: ............................... - ....................... 2/1/96: 5/15/96 .................................................................................................................. Inspections, Furniture 5d ....................... . . . .............. 5/16/96 ....... ... - ..... 5/22/96 .. . .................... .. . ................. .................................................... ........................ .......... Complete Parking, Landscaping . 30d: 4/1/96 5/10/96 .......... - .... ......... - .......... .................... ...... .... ..................................... Project Completion ........................ .............. Od; ............ ............................... 5/22/96: ............ .. 5/22/96 1996 ............................................. Project Schedule Critical Progress Summary 6/5/95 Noncritical Milestone ♦ Rolled Up TJC i AMCON CM Korsunsky Krank Erickson Architects, Inc. 300 First Avenue North 1linneapohi . %IN » -+Ol 612 339 - 1200 FAX 3 -926- May 16, 1995 Mr. Todd Christopherson Amcon 200 West Highway 13, Suite 200 Burnsville, Minnesota 55337 SUBJECT: Chanhassen City Hall Project No. 95 -07- 1054 -01 Dear Todd: Attached are copies of pages from the Owner /Architect Agreement with the revisions we discussed yesterday. Specifically, the fee was revised from $159,000 to $ 144,000, computer expenses have been capped at $2,000 and the project schedule is attached as part of the contract. If the schedule we attached is not the latest, please feel free to insert a current copy. When these are approved, please sign both copies and return one to us for our files Give me a call if you have any questions. Sincerely, KKE ARCHITECTS " 0� Ronald C. Erickson, AIA skt Attachment Revised sheets sent by fax _Architecture Pl. +nnin� lntcrior lle�i,n I Amcon CM /Christopherson 2 612 - 890 -9508 Zi76/6/95 _'71:02 PM Di/1 Froni the TelePort Of. Amcon CM /Christopherson Date: Tuesday, June 6, 1995 Number of Pages: 1 To: Don Ashworth, City Of Chanhassen Fax Number: 612 937 -5739 Memo: Don I spoke with Ron Erickson and we have tentatively set up a meeting for 9 am on thursday, 6/15 at City- Hall. He will bring his sub- consultants (HN Struct.) along. We will review the overall project schedule and some of the existing conditions. Assuming that KKE gets some sort of a green light from the Council on the 12th, they are ready to proceed quickly with the construction drawings. Let me know if there is a problem with using a conference room at that time. Thanks. 7.� 1 AIA Document B141 1CMa Standard Form of Agreement Between Owner and Architect Where the Construction Manager is NOT a Constructor 1992 CONSTRUCTION MANAGER - ADVISER EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. Tbis document is intended to he used in conjunction with the 1992 editions of AIA Documents B801 1CMa, A101 1CMa and A201 1CMa. AGREEMENT made as of the Twenty Third day of March (in words, indicate day montb and )year.) Nineteen Hundred Ninety Five. BETWEEN the Owner (Name and address) City of Chanhassen City Hall, 690 Coulter Drive Chanhassen, Minnesota 55317 1 and the Architect: (Name and address) KKE Architects, Inc. 300 First Avenue North, Suite 500 Minneapolis, Minnesota 55401 for the following Project: , (Include detailed description of Project, location. address and scope.) An addition and remodeling to the Chanhassen City Hall (see attached Appendix C). ' Project construction budget is $1,800,000. The Construction Manager is: Amcon ('ame and address) 200 West Highway 13, Suite 200 Burnsville, Minnesota 55337 ' The Owner and Architect agree as set forth below. Cuperighi19 he lhr:A ntcnr: ull nst it ut cot:Arrlutcct<.1 iiNc%s' York A% rune.A.A C'_A C;I.hingtun.l).(.._'llwlh -S?�J' Rrixu�lucuunu (thrntatcrialhcrrio or sub�cuuial quotatilm of m lulu i�i�)n+ �� irtunn the %v 1 mcn permission lit the AIA %iolates the ropN right lases of the t nixed jcltc.:Illd %kill >uhlcct the v iol:Ito[ to IcgA proscrunon AIA DOCUMENT 8141/CMa O\\'NI-.I 4RCIIIfLC1 AGRPI\tl N - CONS 1 \1 \N\(.[:R ' a��, vI)v I�IJ: ICI )Illuy I)) 2 H)I IIUN - AIA • 11lh_ - AMI RICAN Ivti 11 I[.()[: AR(l ll l Yt)Rh yAI.Nll:. AU_. AA }V�III�G10.�. I>C Bon)(, v - ,Il WARNING: Unlicensed 1 I FJ I in the year of t 1 7 i L� u n � I J TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agree- ment and any other services included in Article 12. 1.1.2 The Architect's services shall be provided in conjunc- tion with the services of a Construction Manager as described in the edition of AIA Document B801 /CMa, Standard Form of Agreement Between Owner and Construction Manager, current as of the date of this Agreement. 1.1.3 The Architect's services shall be performed as expedi- tiously is consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit for the Owner's approval and the Construction Manager's information a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's and Construction Manager's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this:schedule approved by the Owner shall not, except for reasonable cause, be ex- ceeded by the Architect or Owner. 1.1A The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE -OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those de- scribed in Paragraphs 2.2 through. 2.6 and any other ser- vices identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineer- ing services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual under- standing of such requirements with the Owner. 2.2.2 The Architect shall review with the Owner and Con- struction Manager proposed site use and improvements; selec- tion of materials, building systems and equipment; and methods of Project delivery. 2.2.3 The Architect shall review with the Owner and Con- struction Manager alternative approaches to design and con- struction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner. Schematic Design Docu- ments consisting of drawings and other documents illustrat- ing the scale and relationship of Project components. 2.2.5 At intervals appropriate to the progress of the Schematic Design Phase and mutually agreeable to the Owner, Construc- tion Manager and Architect, the Architect shall provide schem- atic design studies for the Owner's review and the Construc- tion Manager's information. 2.2.6 In the further development of the drawings and speci- fications during this and subsequent phases of design, the Architect shall be entitled to assume the accuracy of the esti- mates of Construction Cost which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. 2.2.7 Upon completion of the Schematic Design Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Construc- tion Manager's information. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare Design Development Documents for the Construction Man- ager's review and the Owner's approval. The Design Develop- ment Documents shall be based upon data and estimates prepared by the Construction.Manager..and shall,copsist of drawings and other documents that Establish and describe the size and character of the Projiect as to arc ltitectural, structural, mechanical and electrical systems, materials and Auckother elements as may be appropriate. - - ;, ,. 2.3.2 At intervals mutually agreeable to the Owner, Cpnstruc- tion Manager and Architect, the Architect shall provide draw= ings and other documents which depict the current status of design development for the Owner's review and the Construc- tion Manager's information. 2.3.3 Upon completion of the Design Development Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Construc- tion Manager's information. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the Architect, utilizing data and estimates prepared by the Construction Manager, shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 At intervals mutually agreeable to the Owner, Construc- tion Manager and Architect, the Architect shall provide Draw- ings and Specifications for the Owner's and the Construction Manager's review. 2.4.3 Upon completion of the Construction Documents Phase, the Architect shall provide Construction Documents for the Owner's approval and the Construction Manager's information. AIA DOCUMENT 8141 /CMa • OWNt:R- ARCIIITF.CI AGIZ11h1LNT • CONSTRUCTION MANAGI:R- ADVISRR ED1 ZION • 1992 t:UIIION • AIA • Oc,19 )_' • I III{ AJIFRI(:AN INSTITUTR OI' AR(A HTECrs. 2.4.4 The Architect shall XSSist the Owner and COI)StrllCH011 Manager in the preparation of the necessar% bidding infor- mation. bidding firms, the Conditions of the Contracts. and the forms of Agreement between the Owner and the Con- tractors. The Architect shall assist the Construction ,Manager in issuing bidding documents to bidders and conducting prc- bid conferences with prospective bidders. The Architect, with the assistance of the Construction Manager, shall respond to questions from bidders, and shall issue addenda. 2.4.5 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the Construction Manager's latest estimate of Construction Cost, shall assist the Construc- tion Manager in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.6 CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates at the earlier of the issuance to the Owner of the final Project Certificate for Payment or 60 days after the date of Substan- tial Completion of the Work. 2.6.2 The Architect shall provide administration of the Con- tract for construction'in cooperation with the Construction Manager as set forth below and in the edition of AIA Docu- ment A201 /CMa, General Conditions of the Contract for Con- struction, Construction Manager- Adviser Edition, current as of the date of this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractors and the Construction Manager, which consent shall not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (I) during construction until final payment to the Contractors is due, and (2) as an Additional Service at the Owner's direction from time to time during the correction period described in the Contracts for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agree- ment unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work %vhen completed will be in accordance with the Contract Documents. however, the Architect shall not he required to make exhaustive or con - tinuouS on -Site inspections to check the quality or quantity of the Work- On the hasis of on -site ohscryations as an architect. [he Architect shall keep the Owner informed of the progress and quality of the \Work. and shall endeavor to guard the Owner against defects and deficiencies in the V "ork. (.t fore extensive site re1)rcm')ll1Nioll Nlm be el"weecl !n cis all Additionell Service. us des(rlhed ill Ncrl .).? 2.6.6 The Architect shall not hawc control over or charge of and shall not be responsible for cO W41"LICtloll means. methods. technique., sequences or procedures. or for satety precautions and programs in connection \with the \Cork. since these arc the Contractors" responsibility under the Contracts for Con- struction. The Architect shall not be responsible for the Con - tractors' schedules or failure to carry Out the Work in accor- dance with the Contract Documents. The Architect shall not be responsible for the performance hw the Construction Man- ager of the services required by the Construction Manager's agreement with the Owner. The Architect shall not have con- trol over or charge of acts or omissions of the Contractors, Subcontractors, or their agents or employees, or of any other persons performing services or portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Communications by and with the Architect's consul- tants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of each Contractor's Application for Payment, the Archi- tect shall review and certify the amounts due the respec- tive Contractors. 2.6.9.1 The Architect's certification for payment shall con- stitute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5, on the recommendations of the Construction Manager and on the data comprising the Contractors' Applications for Pay- ment, that, to the best of the Architect's knowledge, infor- mation and belief, the Work has progressed to the point indi- cated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor devia- tions from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. 2.6.9.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quan- tity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for .what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.10 The Architect shall have atthority. after notification to the Construction Manager. to rciect Work which does not conform to the Contract Documents. CC• the Architect considers it necessarw or adyisahlc for implementation of the intent of the Contract Documents. the Architect will hanc :ru[horin. upon cyritten authorization from the Owwner, u, require additional inspection or testing of the Vork in accordance with the pro%ision, of the Contract Documents. cwhcthcr or not such CCork i, fahnratcd. installed or com- pleted however. neither this authorin' of the Architect not a decision made in good faith cithcr n, exorcise or not to cxcr- isc such authority shall giwe rise to :I dlltw or responsihilit\ AIA DOCUMENT 8141 /CMa • (MNI:R -AW ] II 11A ] Ud,I I >n , ,\; 1 - R1 (110N R 1 C 1 C! 1 of the Architect to the Construction Manager. Contractors, Subcontractors, material and equipment suppliers. their agents or employees or other persons performing portions of the Work. 2.6.11 The Architect shall review and approve or take other appropriate action upon Contractors' submittals such as Shop Drawings, Product Data and tramples, 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 Contractors' %X'ork or in construction by the Owner's own forces, while allowing sufficient time in the Architect's professional judgment to per- mit adequate review. Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or perfor- mance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Archi- tect's review shall not constitute approval of safety precau- tions or, unless otherwise specifically stated by the Architect, of 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. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.12 The Architect shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with the Contract Documents. 2.6A3 The Architect may authorize minor changes in Work not involving an adjustment in a Contract Sum or an exten- sion of a Contract Time which are not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued through the Construc- tion Manager. 2.6.14 The Architect, assisted by the Construction Manager, shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Architect shall forward to the Owner warranties and similar submittals required by the Contract Documents which have been received from the Construction Manager. The architect shall issue a final Project Certificate for Payment upon com- pliance with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide nutters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the architect shall be consistent with the intent of and reasonabl\ inferable tron) the Contract Documents and shall be in writing or in thr to[ ill of drawings. When making such interpretations and initial decisions, the Architect shall cnde.wor to secure laithtul per - formance by both Owner and Contractors. shall not sho%\ par - tialitw to either• and shall not be liable for results of inwrprcul- tions or decisions so rendered in good faith 2.6.17 The Architect's decisions on matters relating to aesthetic effect shall he final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractors relating to the execution or progress of the Mork as provided in the Con- tract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractors, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner.as provided in this Agreement, in addition to the compensation for Basic Services. The ser- vices described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described tinder Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner.shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Con- tingent Additional Services are not required, the Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND. BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in car- rying out such additional on -site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document 8352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further pro- tection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other docunu•nts When such revisions arc: 1 inconsistent with approvals or instructions previously gi\cn by the Owner. including revisions made nec- cssar by adjustments in the Ow•ncr's program or Proj- cc[ budget: AIA DOCUMENT 81411CMa • (AVNI ZAKCllrrl[(a \ttRl[P :>II :\I • CI \] >1K1'C110N \I) \'I >I[H ha 11 - Il( l\ l99 l Dl llU\ • AIA" • Ivy • - 1111 11 ( )l \Itt l IIITt 11 .2 requested by the Owner because the Construction Manager's estimate of Construction Cost exceeds the Owner's budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; .3 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .4 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, changes in size, quality, complexity, the Owner's or Construction Manager's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.3. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating sub- stitutions proposed by Contractors and making subsequent revisions to Drawings, Specifications and other documenta- tion resulting therefrom. 3.35 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 'Providing services made necessary by the termination or default of the Construction Manager or a Contractor, by major defects or `deficiencies in the Work of a Contractor, or by failure of performance of either the Owner or a Contrac- tor under a Contract for, Construction. 3.3.7 Providing services in evaluating an'extensive number of claims submitted by a Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hear- ing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequen- tial bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. 3.4.4 Providing special surveys, environmental studies and Submissions required for approvals of governmental authori- ties or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verily the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by the Owner's own forces and coordination of services re- quired in connection with construction performed and equip- ment supplied by the Owner. 3.4.9 Providing services in connection with the work of separate consultants retained by the Owner. 3.4.10 Providing estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material and equipment. 3.4.12 Providing analyses of owning and operating costs 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of exist- ing facilities. 3.4.16 Preparing a set of reproducible record drawings show - ing . significant changes in the Work made during construc- tion based on marked -up prints, drawings and other data fur- nished by Contractors. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, prepara- tion of operation and maintenance manuals, training person- nel for operation and maintenance, and consultation dur- ing . operation. 3.4.18 Providing services after issuance to the Owner of the final Project Certificate for Payment, or in the absence of a final Project Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. 3A.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems. and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project based on consultation with the Construction Manager and the Architect. which shall include the Construc- tion Cost, the Owner's other costs and reasonahle contingen- cies related to all of these costs. 4.3 If requested by the Architect. the Owner shall turnish evidence that financial arrangcnlcm., hayc been made to tultill the Owner's obligations under this Agreement AIA DOCUMENT B141 /CMa • ( A V N E t -attt I I I m I 1,,H1 1 \II \ I • , (, \.I Irr, I u ,\ \ \\ " 1 1 P� 4.4 The Owner shall designate a representative authorised to act on the Owner's behalf with respect to ttte Project. The Owner or such authorized representative shall render deci- sions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delav in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall retain a construction manager to admin- ister the Project. The Construction Manager's services, duties and responsibilities will be as described in the edition of AIA Document 8801 /CMa, Standard Form of Agreement Between Owner and Construction Manager, current as of the date of this Agreement. The Terms and Conditions of the Agreement between Owner and Construction Manager shall be fur- nished to the Architect and shall not be modified without writ- ten consent of the Architect, which consent shall not be unreasonably withheld. The Architect shall not be responsi- ble for actions taken by the Construction Manager. 4.6 The Owner shall furnish surveys describing 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 restric- tions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the informa- tion on the survey shall be referenced to a Project benchmark. 4.7 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and ground corro- sion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.7.1 The Owner shall furnish the services of other con- sultants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4.8 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.9 The Owner shall furnish all legal, accounting and insur- ance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Application for Payment or to ascer- tain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.10 The services, information, surveys and reports required by Paragraphs 4.6 through 4.9 shall be furnished at the Owner's expense. and the Architect shall be entitled to relk upon the accuracy and completeness thereof. 4.11 Prompt \� rittcn notice shall be given by the Owncr to the Architect and Construction Manager if the Owncr becomes marc of any [1011 or defect in the Project ur non- conformance \\ ith the Contract DOCUI11CIlt >. 4.12 The prupuscd language of certificates or ccrulications requested of the Arc hitcct or Architects Coll LIIU1llt� shall he submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request certifi- cations that would require knowledge or services beyond the scope of this Agreement. 4.13 The Owner shall furnish the required information and services and shall render approvals and decisions as expedi- tiously as necessary for the orderly progress of the Architect services and Work of the Contractors. 4.14 The Owner shall furnish the Architect copies of writ- ten communications with the Construction Manager and Contractors. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially pro- vided for by the Architect, plus a reasonable allowance for the Contractors' overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market con- ditions at the time of bidding and for changes in the Work during construction. Construction Cost shall also include the compensation of the Construction Manager and Construction Manager's consultants. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights -of -way, financing or other costs which are the responsibility of the Owner as provided in Paragraphs 4.1 through 4.4 and 4.6 through 4.14. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 The Architect's review of the Owner's Project budget and of preliminary estimates of Construction Cost or detailed estimates of Construction Cost prepared by the Construction Manager is solely for the Architect's guidance in the Archi- tect's preparation of the Construction Documents. Accor- dingly, the Architect cannot and does not warrant the accuracy of the estimates of the Construction Manager, or warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construc- tion Cost or evaluation reviewed by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement. 5.2.3 l 114 Wpat 44 t l'hc ArChilcCt shall be entitled to compensation in accordance %%ah this Agreement for all scrnices perloinlyd whether or not the (.011SIRIC6011 Phase is cumnlcnccd AIA DOCUMENT B141 /CMa - �)�\ \l:lt iii i i v ,arrw\ l (()\ �IKrrfloN \I\\v 11, \I A 1,FIt 1 111 - I I, 1\ - 1"', , I Hl 1, �\ - \1, \ - I - 1111 \III IU( I \, J I 111T ( W \R( 111 11 - I • ARTICLE 6 ARTICLE 8 1 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copy- right. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifica- tions and other documents for information and reference in connection with the Owner's use and occupancy of the Proj- ect. The Architect's Drawings, Specifications or other docu- ments shall not be used by the Owner or others on other proj- ects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connec- tion with the Project is not to be construed as publication, in derogation of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the` American Arbitration Association cur- rently in effect unless; the parties mutually agree otherwise. 7.2 Demand for arbitration shall be filed in writing with the other party to this Agreement andwith the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after th6claim; dispute of other mat- ter in question has arisen. In no event shall-the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other man- ner, an additional person or entity not a party to this Agree- ment, except by written consent containing a specific refer- ence to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforce- able in accordance with applicable law in any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrators shall he final. and judgment may he entered upon it in accordance with applicable law in any Court h:n ing jurisdiction thereof. TERMINATION, SUSPENSION OR ABANDONMENT 8.1 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 party initiating the termination. 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's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 con- secutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this_ Agreement shall be considered sub- stantial nonperformance and cause for termination. 8.5 If the Owner fails make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment ' in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the evertt of a;su'spension of services, the Architect shall have no 1146 fo'the'�Owner for delay or damage caused the Ownec'bet , di'd' df 'such 'stspension of services. 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 Para- graph 8.7. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services earned to the time of termination, as follows: .1 Twenty percent of the total compensation for Basic and Additional Services earned to date if termination occurs before or during the predesign, site analysis, or Sche- matic Design Phases: or .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date.if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall he goy - erned by the law of the place where the Project is Ideated 9.2 lernls in this Agreement shall have the same meaning as those in the edition of AIA DoCUlllent :1201/CN1a. Gcn- AIA DOCUMENT 8141 /CMa • (AVNFRARC11111(. I V.R11'. >II \1 1()\ 7 L d w 1 1 J n 0 eral Conditions of the Contract for Construction, Construc- tion Manager - Adviser Edition, current as of the date of this Agreement. 9.3 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 com- mence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Project Certificate for Payment for acts or failures to act occur- ring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the Construction Manager, Contractors, and the consultants, agents and employees of any of them for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201 /CMa, General Conditions of the Contract for Construction, Construction Manager- Adviser Edition, cur- rent as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their Construction Manager, Contractors, consultants, agents, and persons or en- tities awarded separate contracts administered under the Owner's own forces. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by writ- ten instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a con- tractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Archi- tect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in anv form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the O,yner's confidential or proprietary information if the Owner has previously advised the Architect in xvriting of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide profes- sional credit for the Architect on the C011NI RICE ion sign and in the promotional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct sala- ries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the following Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out -of -town travel; long- distance communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage, express deliv- eries, electronic facsimile transmissions and handling of Draw- ings, Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock -ups request- ed by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer -aided design and drafting equip - ent time when used in onnecti n with the Project. will not exceed 2,000 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time Shall he computed in the manner set torch in Suhpara- graph 11.3.2. 10.3.4 VChen Compensation is hasecl on a percentage of Con- struction Cost and any portions of the Project arc deleted or otherwise not constructed. compensation tor those portions AIA DOCUMENT 8141 /CMa • OV NPR AItCI II IT Lc'I NII ?N 1 • o )XS I RI (,[]ON 1t ADyISI :R FDIIION • 1992 1[DIIION • AIA' • 11 ))_' • 1 I II- AMERICAN INS1*1 1 ( 11! OI' ARCI II�1 F( I � 1 - 3; .N1iAy )'ORK A\ I(N1 I.. NV , WASHING ION, D.0 2unu(, WARNING: Unlicensed of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bids or negotiated proposals, or (2) if no such bids or proposals are received, the most recent estimate of Construc- tion Cost prepared by the Construction Manager for such por- tions of the Project. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation 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 found to be liable. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Payments on account of the Architect's Additional Ser- vices and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. ARTIf_I G 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of None Dollars (I3 -- 0 -- ) 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 ubicb particular methods of compensation apply, if necessary) A fixed fee of One Hundred Forty Four Thousand Dollars ($144,000). 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.) Schematic Design Phase: percent ( 15 %) Design Development Phase: percent ( 20%) Construction Documents Phase: percent (45 %) Bidding or Negotiation Phase: percent ( 5%) Construction Phase: percent ( 15 %) 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 com- puted as follows: Project Representation Beyond Basic Services shall be billed either at the Architect's then prevailing hourly rates or per a pre- agreed lump sum. Prior written approval by the Owner will be required; said approval shall define method of compensation. See Appendix A for current schedule of hourly rates. 10.6 ARCHITECT'S ACCOUNTING RECORDS I 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the ' basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized represen- tative at mutually convenient times. AIA DOCUMENT B1411CMa • O VNER- ARC111 1 A AGRIiI MEN 1 • CONS I RI VIION MANAGER - ADVISER I,DITION • 1992 VDITION • .-AIA' • I - 1992 • - 11IF.:A.MFRIG C VN INSTIT TF. (W AR( 111 - 1 FC S. I - 5; NI AC' 1 - URK .-AA - F.NI F.. NAA VCASIIINGE()N. DC 2rnnio -;292 • WARNING: Unlicensed r l 1 7 L U 11.3.2 1 R A1) 1)ITI0NA1. SERVICES O1 'I I II{ :1RCI IITl :(:l'. :u dCSCrihed in e Articl i and 12, other than (1) Additional 1'r()jcc't Representation, :is (Icsc'rihcd in Paragraph 3.2. and (_') Scr\ iccS included in Articic 12 :Is Dart of Basic Services. but excluding Scr\ Icc, of conSUlt:unS, contpcn.luon shall he conllnit(d .IS tilll()\\;: kw, r,l roar perr..otirnr. 01 /rlrh rg relfcs fl,ld"r nrrrhi /dr': r,/ !leer r7 / r..•rrurl Ci/ r rr. - r . /rn /'r nr ijru /: rrrrrl r•mpinl rr�:. r Id i h"M /i /h rrrr rjrrr /: rrrrrl Clrh. .rJl cmpl "lrr•c. 11 rrr/uirod. /rlrrr/r /r �prcrll, " w, uhtclr porrlrnlwr r r rl 0• „/ rr n pplr. 1J wrai.—I, I ) Additional Services requested of the Architect shall be billed either at the Architect's then prevailing hourly rates or per a pre- agreed lump sum. Prior written approval by the Owner will be required before commencement of Additional Services; said approval shall define method of compensation. See Appendix A for current schedule of hourly rates. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineer- ing services and those provided under Subparagraph 3.-4.19 or identified in Article 12 as part of Additional Services, a multiple of onedrterone ( 1 .25 ) times the amounts billed to the Architect for such services. (ldealtfr sliecific tlpes (f antsuttaw .a it .irticle 12. if required.) 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 Reimbur- sable Expenses, a multiple of one and one tenth ( 1 .10 ) 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 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 Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid th i rty ( 30 ) 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. (!used rate of trt / erect agreed up(n.) One and one half percent per month (18% per annum). (l ;: 11'1 lau:< aid ropitrt,notts ardor' tl rerlerrtl li'rutb in Lcrlf1mg .ia . sturilm sawc weed bred c ..isimwr rrvelil laws curl nfhcr regulations a1 1he Olt veer awe! . -Ire /rite(! .c priaciped plat vs nl hrlstness. the loo ation u/ /hc Prole"/ and rl.:ru I ma r al/r(t Ih(• ralidif l' nJ this /w'nr'istnn. Sluz ilic lagal adr'ic'a• drould In —blamed with respr'rt In elch•lions or nwrdili(allorr<. uwd alxr regnrrNnq rer /wuown•ru• <urb r1: a Nrvru rlisrlosurrs nr rr'rNrcr:..) 11.5.3 The rates and multiples set berth for additional ScrviccS Shall be annuallw adjusted in accordance with normal Salar\ rcvic\w practices of the Architect. AIA DOCUMENT B141 /CMa ( \I If,\It(. 11111,(.T \(J:rr\IF.\ I • ( 11, \1 \1 I' ^''III 111\ \I \ 11 01 \It(l II11(1� ARTICLE 12 OTHER CONDITIONS OR SERVICES (hrscri descripta)rrs uJ other services, idealijy Additimird Services included 1410,111 Basic Compeasarirra. tart/ rrrsert aurdr /rcanr,ris to the parmerrt acrd inmp(•nsa it1,rl terra.: m,lrrde•d ill this Agi—vemerrl./ See Pages 11.A - 11.0 This Agreement entered into as of the day and year first written above. OWNER CITY OF CHANHASSEN ARCHITECT KKE ARCHITECTS, INC. ( \i,prurtare) Ronald C. Erickson, AIA, Principal /l0'r111rd 111,1111 sad 1,14-1 (Sig,Ia Ill re) (l'r rrar11e clad litle) t I CAUTION: You should sign an original AIA document which has this caution printed in red An original assures that changes will not be obscured as may occur when documents are reproduced See Instruction Sheet for Limited License for Reproduction of this document. AIA DOCUMENT B141 /CMa O\\\I.I(- :Vn.11l - I1J.I I - l . MAC. - \(.1N \1 )\ I >hat 1A)l I [O\ • Ivv' 1 1)I Ivrrr • l \ \11:RI) \\ 1 \�l I II I I ( )I \1l( III - I - I'l -1, C� ARTICLE 12 OTHER CONDITIONS OR SERVICES 12.1 Appendix A - Prevailing Hourly Rate PP g y s. ' 12.2 Appendix B - Prevailing Reimbursable Costs. 12.2.1 Expense of technical typing of specifications, modifications to Contract Documents, Project correspondence, and reports. 12.2.2 Retrieval and copying of back -up data for Reimbursable Expenses will ' also be handled as a Reimbursable Expense. Administrative time and copy expenses, to provide the requested back -up data, will be billed at the prevailing rates. ' 12.3 Add the following new Paragraph 7.5 to Article 7 - Arbitration: ' The parties agree to give prompt written notice of any dispute. Within seven days after the notice, principals of each party with authority to settle the dispute shall participate in direct, informal discussions. If the parties through their principals do not reach resolution within seven days after the notice, an impasse shall have occurred. 7.5 Arbitration shall occur in the State of Minnesota. 12.4 Add the following new Paragraph 7.6 to Article 7 - Arbitration: 7.6 Supplementary Provision Providing for Sequential Discussion, Mediation and Arbitration of Disputes ' The parties agree to submit all claims, disputes or controversies (whether based upon the law or contract, negligence, other common law or statute) arising out of, or in relation to, the interpretation, application or enforcement of this agreement, including dispute resolution procedures, to sequential mandatory discussion, mediation and arbitration before, and as a condition precedent to judicial action or other remedies. This provision controls all ' claims, disputes or controversies regardless of any other terms in the contract or any other common law remedies. ' The parties agree to give prompt written notice of any dispute. Within seven days after the notice, principals of each party with authority to settle the dispute shall participate in direct, informal discussions. If the parties through their principals do not reach resolution within seven days after the notice, an impasse shall have occurred. I 11141 /CMa -1992 ILA In the event of an impasse, either party may initiate mediation by a written request. If the parties cannot agree upon a mediator within seven days after the request, either party may request the American Arbitration Association to designate a mediator as soon as possible. The parties agree to expedite all ' hearings and meetings with the mediator, and to produce all relevant documents upon request. The mediator shall make final settlement recommendations as soon as possible and in no event later than thirty days after the appointment of the mediator. If the parties do not reach a settlement within seven days after receiving the final settlement recommendations of the ' mediator, the impasse shall be deemed unreconcilable. I 11141 /CMa -1992 ILA In the event of an unreconcilable impasse, either party may initiate binding; arbitration pursuant to Article 7 of the Standard Form of Agreement Between Owner and Architect, AIA Document B141, 1987 Edition. Nothing in this contract shall limit the rights of the parties under the statutes pertaining to mechanics liens. 12.5 Add the following to the end of Paragraph 9.8: The Architect cannot provide certification regarding the presence or lack of the aforementioned hazardous materials. 12.6 Add the following new Paragraph 9.10 to Article 9 - Miscellaneous Provisions: 9.10 The Owner and Architect, by executing this agreement, agree that neither the Architect nor the Architect's consultants, agents or employees shall be liable to the Owner or to any persons or entities seeking contribution or indemnity for loss incurred by the Owner for any indirect, special, reliance, incidental or consequential damages (other than damages for personal and bodily injuries or death) arising out of or in connection with the performance of services under this Agreement, whether in an action based on contract (including breach of representation or warranty), delay, negligence (active or passive), strict tort liability or otherwise. The parties further agree that the Owner shall limit the Architect's and the Architect's consultants', agents' and employees' total liability (other than for damages for personal and bodily injuries or death) not otherwise excluded above, to the Owner and to any and all persons or entities seeking contribution or indemnity for loss incurred by the Owner arising out of or in connection with performance of services under this Agreement, so that the Architect's liability shall not exceed $100,000 (One Hundred Thousand Dollars) or the total compensation actually paid to the Architect by the Owner for basic and Additional Services performed hereunder, whichever sum is greater. 12.7 Add the following new Paragraph 11 .5.4 to Article 11 - Basis of Compensation: 11.5.4 If a Contract for construction has not been awarded within 30 calendar days of the date of receipt of bids (as defined in the bidding documents), subsequent services provided by the Architect shall be considered as Additional Services and the Architect shall be compensated on an hourly basis for these services until execution of a Contract for Construction. Services include, but are not limited to, meetings with the Owner and /or prospective Contractor(s), assistance with rebidding of work, evaluation of bids or proposed changes in bidding documents, analysis of product substitutions, etc. Execution of a Contract for Construction constitutes authorization by the Owner to the Architect to proceed with services of the Construction Phase. 12.8 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8141 /CMa -1992 II.B I I Said suspension of services will be without prejudice to Architect's right to recover from Owner for services rendered and expenses advanced to the time of suspension. I 12.9 The owner will pay any taxes currently in force or imposed in the future in addition to the fees and expenses. 1 12.10 Landscaping design and civil engineering will be provided by the Owner. 12.11 The architect will assist the Owner in selections of colors and interior finishes. 1 12.12 The architect's services do not include the design, selection, specification and procurement of furniture, furniture systems, fixtures and movable equipment, 1 telephone system, computers and security equipment. 12.13 The architect's basic fees do not include fees for services performed under previous agreement with the City. (KKE Project No. 95 -07- 1054 -01). ' 12.14 The architect's basic fee includes schematic planning for a council chambers/ civic meeting room which may be added to the building in the future. 12.15 The agreement is based upon a Fall, 1995, construction start. (See attached Appendix D, Schedule). 1 is 1 1 B 141 /CMa -1992 11.0 KKE Korsunsk% Krank Erickson Architects. Inc. PREVAILING HOURLY RATES Position Architects and Technical Staff Designer Project Architect Project Manager Specification Writer Vice President Principal Interior Designer Vice President, Interior Design President, Interior Design Inspecting Architect APPENDIX A Rate Per Hour $35.00 - 65.00 75.00 - 85.00 65.00 80.00 80.00 85.00 110.00 - 135.00 32.00 - 65.00 70.00 110.00 85.00 Effective January 1, 1995 Subject to 1'eriodic Adjustment 1 KKE Korsunsky Krank Erickson Architects, Inc. 300 First Avenue North Minneapolis. MN 55401 612;'339 - '4200 FAX 342 -9267 APPENDIX B PREVAI REIMBURSABLE EXPENSES Description Blueprints* Drafting Mylars* Foam Core Boards* Xerox Copy Color Copies (8 1/2 X 11) Color Copies (11 X 17) Fax Xerox Stickyback Specification Diskettes Mileage Parking Other Transportation Meals /Lodging Long- Distance Telephone Postage /Delivery Charges Model, Sample, Rendering Materials /Supplies Codes /Ordinances Legal Consultants other than mechanical and electrical CAD Equipment Usage Electrostatic Plotter E Size Usage Project reimbursable costs will be charged at cost plus 10%. *Depending on size Effective January 1, 1995 Subject to Periodic Adjustment Architccturc Planning Interior Uc,ign Cost $-35- 1.55 1.50-8.00 4.00-14.00 .20 $2.00 /Copy Plus Set Up $3.00 /Copy Plus Set Up .50 /page 1.50 10.00 .30 /mile As billed to KKE As billed to KKE As billed to KKE As billed to KKE As billed to KKE As billed to KKE As billed to KKE As billed to KKE As billed to KKE Cost plus 25% 20.00 /hour 15.00 /sheet APPENDIX C 4 lu t CL F LL, 3 1 Z 0 U) Z 4 IL X W 0 Z W U) Z 0 1 1 1 1 1 1 l 1 1 1 1 1 1 1 1 1 1 1 o- -- z W e u w N 5F N z g Y x T � ?o r W J � -- -- --- Z ^ p D m c < �e: U U 2 o- -- 1 1 1 I I 1 1 I 1 I 1 � --------------------- 0 z J CL J W W J d ' W J C.2 I Q Q Q Q Q T I T b b 5F z g x T W W J � -- -- --- d ^ p D m c 1 1 1 I I 1 1 I 1 I 1 � --------------------- 0 z J CL J W W J d ' W J C.2 I Q Q Q Q Q T I T b b z g W W J � -- -- --- d ^ p D m c 1 1 1 I I 1 1 I 1 I 1 � --------------------- 0 z J CL J W W J d ' W J C.2 I Q Q Q Q Q T I T b b 0 r i U I I II FUTURE II I EXPANSION ' I + 3300 SFI II I.I I.� 1.3 14 IS I.b LOWER LEVEL PLAN 0 B' 16' 32' 0 0 --- UPPER LEVEL PLAN 0 B' 16' 32' - `J - - - ZJ NORTH CA Q 4 Q 4 Q \I I/ III 1.2 t.3 1.4 I.5 I.b UPPER LEVEL PLAN 0 B' 16' 32' - `J - - - ZJ NORTH CA Q 4 Q 4 Q APPENDIX D I 1 I i Chanhassen City Hall Expansion Preliminary Project Schedule Name Days Start Finish Mar Apr May Jun Jul Aug Sep Oct Nov Dec 'an Feb Mar Ap Start Od 3/21/95 - - -- --------- - -------------------------------- --------- Complete Concept .... - .... ......... 15d , -- - -- ---- 3/21/95 ; •- •--- - - -• -- 4/10/95 - � --P� --- ---------------------------- 9O s - -•- •- -- --- ------------------------ 10d ------------------ 3/28/95: - - 4/10/95 1 City Review -- - --- 10d: 4/11/951 424195 •- ....... •• ---- - Authorize Schematic Design Od 4/24!95 4!24/95 Schematic Designs 2Ad j 4125/95 522195 Cost Estimates - Scheratic 10d 5/9/95: 522/95 1 '• City Review Costs/Designs 10d •, 5/23/951 615/95 City Authorize Project —^ Od •: 6/5/95: 6/5/95 - -- - - - -. - :........ ...... - _ _.. ...... - -- •• - - - -• -- - -- - - Desi NDev 9 20d 6/6/95 7/3/95 �— Confirm Cost Estimates DD 10d 620/951 713/95 ' City Review & Approve DD , 5d i 7/4195: 7/10195 Final Plans & Specs, Bid Pkg 1 1 23d ; 7111/95 ; 817195 = 1 Final Plans & Specs, Bid Pkg 2 40d! 7/11/95 9/4/95 Bids, Analyze, Award, Pkg 1 20d 8/8/951 9/4195 Order Steel, Precast, Pkg 1 _ Od 1 914/95: 9/4/95 9 ; 1 , . : —: — —'-- + --*-- Shop Dwgs, Fab. Joists & Precast j 70d ; 9/5195; 12/11/95 Bids, Analyze, Award, Pkg 2 _ 25d 1 9/5/95 i — Mobilize Contractors Sd j 915/951 9/11/95 -- r- - ---t = r 1 1 : 1 1 1 1 1 ®1 ; 1 '• Site Prep i t Od 3 9/12/95' 9/25/95 Foundations ' ; 5d; 9126/95: 10/2/95 — _�- - _ _ - -- Utilities 15d': 9/26/951 10/16/95 ' 1 '• 1 1 1 -- - - -- _ - � — i Masonry 1 35d 10/3/951 11120/95 Windows. 20d': 11121/95' 12118/95 ----- - - - - -- - - -- - - .._..._.. - ..... Erect Steel, Precast +-•--•• - -*- 15d: -- -- ;---- -- 11/14/95 -- --._ 12/4/95 - -. - - - - - - - _ Parking Lot - part 1 20d 10/17/95 11/13195 --•-•---.._.._...--•-------- -------- --------- ------------ Interior MEP Rough ins T" ---------- t ------ 15d -••__•__._.;._....--••--------•- 12/5/95 _ 12/25/95 - �__; - -_ . ............................ ._...___......_ ._ _._._..____...--- •;-----= -- - - -• Install Joists, Deck - 7d i — _ 12/12/95! 12/20/95 ®� i ------ -•- - -- - ---------- •-- •---- ----- Install Curbs, Roofing ------- - - - - +- 15d - •• 1------ --- - - - - -- 1221195 1/10196 , Enclosed Shell Structure Od 1 1/10/961 1/10/96 '• 1 ..... - ......... .............................................. Concrete Floors �._.._ _ -- - - - - - ------- ----------- ------ Sd'; 1/11196: 1/17/96 - - •....... -_ -= = - € - - -- - - - - - -- ...................................... _......... - .......... ......... .......... . ----- - - -_ ------ Finishes, MEP i 60d i 1/18196 j 4/10196 ..... ........... _........... .......... ........... - .......... .......... Inspections, Furniture +----------- +----------------------- 5d : ------ - 4/11/96,...... ---------- _ ------ 4/17/96 ? 1 1 0 ...................................... ................................ :.. . _ ...._...... ._..._.j._ . j.-.._._} ......... ........ }._.....}..._...;_....._ y.. ._._..j........ ;.__._.. }....... 4 .- _- ._... Project Completion Od 1 4/17/96: 4117/96 , Preliminary ProjectSchedule Critical Progress Summary 4/10/95 Noncritical Milestone Rolled Up Q TJC AMCON CM 1 I i