3.12. SR 03-20-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Consent March 20, 2006
Item Number
3.12.
Prepared by
Bill Maertz, Parks and Recreation
Director
Reviewed by
Lori Johnson, City Administrator
Item Description
Approval to contract for Library Architectural Services: KKE
Architects.
Introduction
Approval to contract for architectural services for library project: KKE Architects.
Discussion
See attached contract
Financial Impact
The professional fees equal approximately 10% of the $3.8 million construction cost. This includes all
professional services associated with the project..
Attachments
Library Construction budget and contract.
Action Requested
Approval to contract for architectural services for library project: KKE Architects. Contingent upon
review of City Attorney.
Council Action
Motton by _
Second by _
Vote
Follow Up
C:\Documents and Settings \jmiller\Local Settings \ Temporary Internet Files\ OLK3E\3 12 Library Memo.doc
~=AIA Document 8141'" -1997 Part 1
Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's Services
TABLE OF ARTICLES
1.1 INITIAL INFORMATION
1.2
RESPONSIBILITIES OF THE PARTIES
This document has important
legal consequences.
Consultation with an attomey
is encouraged with respect to
its completion or modification.
1.3
TERMS AND CONDITIONS
1.4
SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.5 COMPENSATION
AGREEMENT made as of the Sixteenth
Thousand and Six.
(In words, indicate day, month and year)
day of
March in the year Two
BETWEEN the Architect's client identified as the Owner:
(Name, address and other information)
City of Elk River
13065 Orono Parkway
Elk River. MN 55330
and the Architect
(Name, address and other information)
KKE Architects. Inc.
300 First Avenue North
Minneapolis. MN 55401
For the following Project: (KKE No. 0606.1159.01)
(Include detailed description of Project)
Elk River Library
Orono Parkway
Elk River. MN 55330
An ap1?roximatelv 16.000 sQ.ft.librarv located on Orono Parkwav in Elk River.
Appendix A: Prevailing Hourly Rates
Appendix B: Prevailing Reimbursable Expenses
The Owner and Architect agree as follows:
AlA Document B141'M -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"' Document Is protected by U.S. Copyright Law and International Treaties. 1
Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be
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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.)
New Library
~ 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.)
Single story. 16.000 s.f. building to be located southeast of Orono Parkway. See Appendix 'CO.
~ 1.1.2.3 The Owner's Program is:
(Identify documentation or state the manner in which the program will be developed.)
We will be reviewing program with GRRL. See Appendix D.
~ 1.1.2.4 The legal parameters are:
(Identify pertinent legal information, including, if appropriate. land surveys and legal descriptions and restrictions
of the site.)
The project will be built on land provided and owned bv the City of Elk River.
~ 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:
$3.830.000 million for the a\>\>roximate!v 16.000 s.f. library proiect. See Appendix G.
.2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is:
unknown at time of execution of this Ag:reement
~ 1.1.2.6 The time parameters are:
(Identify, if appropriate. milestone dates, durations or fast track scheduling.)
Schematic Desig:n start in March 2006.
Construction Start in 2006. See Appendix E.
~ 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.)
The new library will be competitive bid to a general contractor.
~ 1.1.2.8 Other parameters are:
(Identify special characteristics or needs of the Project such as energy, environmental or historic preservation
requirements. )
The project will proceed towards a g:oal of LEED Certification. Cost imoacts and goals are to be evaluated at the
end of Schematic Design. See Appendix F.
~ 1.1.3 PROJECT TEAM
~ 1.1.3.1 The Owner's Designated Representative is:
AlA Document B141™ -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'" Document is protected by U.S. Copyright Law and International Treaties. 2
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User Notes: (1759163019)
(List name, address and other information.)
Bill Maertz
Director of Parks and Recreation
City of Elk River
13065 Orono Parkwav
Elk River. MN 55330
~ 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 to the Owner are:
(List name, address and other information.)
To Be Determined.
~ 1.1.3.3 The Owner's other consultants and contractors are:
(List discipline and, ifknown, identify them by name and address.)
~ 1.1.3.4 The Architect's Designated Representative is:
(List name, address and other information.)
Mohammed Lawal
KKE Architects. Inc.
300 First A venue North
Minneapolis. MN 55401
~ 1.1.3.5 The consultants retained at the Architect's expense are:
(List discipline and, if known, identify them by name and address.)
Structural Ene:ineer
Mechanical Engineer
Electrical Engineer
Civil Ene:ineer
Landscape Engineer
Cost Estimator
~ 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 AlA 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,
in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and
Change in Services in accordance with Section 1.3.3.
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American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 3
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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 regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within
15 days after receipt of a written request, information necessary 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. The Owner is
oblilmted to communicate in writin!! the Owner's bud!!et for the Cost of the Work. If the Owner requests specific
materials. equipment. comoonent systems or tyPes of construction that the Architect has not included in its estimates
for the Cost of the Work. the Architect shall be reauired to include those items in the Construction Documents onlv
if the Owner agrees to increase the budget for the Project as necessary to accommodate the Owner's selections.
~ 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 are 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
by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water
pollution, and tests for hazardous 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.
f
~ 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service.
1.2.2.8 Any direct communication between the Owner or the Owner's Desi!!fiated Representative identified in
Para!!raph 1.1.3 and the Contractor that affect the performance or administration of the Work shaH be made or
confirmed in writing. with copies to the Architect.
~ 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 104.
~ 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 shaH 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
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.
AlA Document B141™ -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"> Document is protected by U.S. Copyright Law and International Treaties. 4
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
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~ 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 Architect 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 appear 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 oflabor 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 separate 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 are 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 floBexclusive non-exclusive license
to reproduce the .'\-reHitect's Architect's Instruments of Service solely for the purposes of eoasauotiag, usiag aHd
maiataiaiag constructing the Project, provided that the Owner shall comply with all obligations, including prompt
payment of all ffi:lffiS-sums. when due, under this Agreement. THe .'\-reHiteet shall obtaia similar aoaeRclusive
licenses from Any termination of this Agreement due to Owner's convenience or due to the failure of the .'\-rehiteet's
coasl:Iltaats eoasisteflt Owner to perform substantiallv in accordance with this f.greemeat. Aay termiBatioH the terms
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 OWfler's Owner's possession or control. If aRa 1:lJ?oa
the Agreement is terminated due to the €late-Owner's claim that the Architect is adjl:Idged has failed substantially to
perform in 6efaffit-.accordance with the terms of this Agreement, the foregoing license SHall be deemed termiHated
and replaced by Owner may elect to accept a second, nonexclusive non-exclusive 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 the Project.
provided that the Owner releases Architect from anv liability for the post-termination use of the Instruments of
Service. waives any claims against Architect for errors or omissions arising out of the post-termination use of the
AlA Document B141™ -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/J) Document is protected by U.S. Copyright Law and International Treaties. 5
Unauthorized reproduction or distribution of this AlA /J) 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 AlA software at 15:54:39 on 03/15/2006 under Order
NO.1 000195323_9 which expires on 9/8/2006, and is not for resale.
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\: '
Instruments of Service and indemnifies Architect for the post-termination use of the Instruments of eempletiag,
~Service. In the event that the Owner accepts the second. non-exclusive license. and mIHatIHRiRg it is adjudged
that the Architect did perform substantially in accordance with the terms of this Agreement. then the Owner shall be
obligated to pay to Architect. within 30 days after the date of the adiudication. 60% of the fee soecified in this
Agreement or the Pfejeet:amount billed whichever is greater. including credit for oayments made prior to
termination.
~ 1.3.2.3 Except fer Uoon completion of the Proiect. provided that the lieeRses graRted ia SeeBeR 1.3.2.2, RO ether
lieeRse or right shall be deemee. gmtI:ted er iffipliee. liRaer this "\greemeRt. The Owner shall Bet assiga, aelegate,
seblioeRse, pledge er otherwise trllRsfer aR)' lieeRse grafltee. hereia to aaother party .....ithelit the prior writteR
agreemeRt complY with all obligations. including: prompt payment of all sums when due. the Architect. HBWeyer,
Architect grants to the Owner shall be permittea a non-exclusive license to aI:Ithorize the CeRtraeter, Sl:ll:leoRtraeters,
Seb seOcoRtraetors aRd material or eqeipmeRt sl:lflf3liers to reproduce aflf3lieable portions of the Architect's
Instruments of Service aflflropriate to aRd solely for \:Ise ifl their exee\:ltion ourposes of using and maintaining: the
Project. This non-exclusiye license permits the Wefk-Owner to authorize other similarly credentialed design
professionals to reproduce and. where permitted by lieeRse greRted iR SeotioR 1.3.2.2. S\:IbmissioR or distriO\:lBeR ef
lHstrumeBts of Service law. to meet offieial reg\:llatory r-eql:liremeflts make changes. corrections or for similar
pl:lFflBses iR eeBReetiofl with the Projeet is Ret additions to be eonstrued as pl:lblisaBeR iR derogatieR of the reserved
rightfl ef the "\rehiteet 8.Rd the "'\rehitest's eeRs\:lltants. Tbe OWRer sball Ret \:Ise tbe Instruments of Service solely for
pw:poses of future additions or alterations to this Prejeet er for other projeets, \:I81ess Project. provided that the
Owner ebtaift&.releases Architect from any liability for the prior writteR agreemeftl: {lOst-completion use of the
Instruments of Service. waives any claims against Architect for errors or omissions arising out of the post-
completion use of the Instruments of Service and indemnifies Architect for the ,\rehiteet's eORflaltafit1l. i'~y
1:Hla\:ltherized oost-comoletion use of the Instruments of Service. In the event of 8efvi€e-any non-pavment or
delayed payment. Architect shall be at the O\VHer'S sele risk aRd ','lithoRt liaeility entitled to the "\rehiteet aHd tbe
"\reRiteet's ee8s\:lltaHt1l.immediate return of all of its work product.
1.3.2.4 Any of the non-exclusive licenses described in this Agreement permit the Owner to authorize the
Contractor. Subcontractors. Sub-subcontractors and material or equipment sUIJpliers to revroduce applicable oortions
of the Instruments of Service appropriate to and for use in their execution of the Work.
1.3.2.5 The Architect shall obtain similar non-exclusive licenses from the Architect's consultants consistent with
this Agreement.
1.3.2.6 The reproduction of Instruments of Service pursuant to non-exclusive licenses described in this Agreement
and submission or distribution of Instruments of Service to meet official regulatory requirements or for similar
pw:poses in connection with the Project is not to be construed as publication in derogation of the reserved rights of
the Architect and Architect's consultants.
1.3.2.7 None of the non-exclusive licenses described in this Agreement authorize use of the Instruments of Service
for other proiects. None of the non-exclusive licenses described in this Ag:reement may be assigned. delegated.
sublicensed. oledged or otherwise transferred by the Owner to anv party other than an institutional lender providing
financing for the Project without the prior written agreement of the Architect. Any unauthorized use of the
Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
consultants.
~ 1.3.204 Prier to the "'\rehiteet provicliFlg to the OWRer aRY IRstrl:lmeRts of Seryice iR eleeffimie form or the OWFler
proYicliRg to the :\:ehiteet aR)' eleetronie clata for iReorporatioR into the IHstrlimeRts of Service, the OWHer lIRa the
,\rehiteet shall by separate writteH agrecmcRt set forth the specifie eonditiofls govemiRg Hie format of sHeh
IRstrameats Bf Service or eleetrs8ic clata, iHell:ldiHg a8Y sfleeiallimitati08s or lieeBses Hot otherwise pre'tided iH this
f.greemeRt.
~ 1.3.2.8 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 incOlporation 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.
AlA 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 Inslitute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties. 6
Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be
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9 1.3.3 CHANGE IN SERVICES
9 1.3.3.1 Change in Services of the 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 for a 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.
91.3.3.2 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 enactment or revision of codes, laws or regulations or official interpretations which necessitate
changes to previously prepared Instruments of Service;
.3 decisions of the Owner not rendered in a timely manner;
.4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's
schedule or budget, or procurement method;
.5 failure of performance on the part of the Owner or the Owner's consultants or contractors;
.6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal
proceeding except where the Architect is party thereto;
.7 change in the information contained in Article 1.1.
91.3.4 MEDIATION
~ 1.3.4.1 /JlY claim, sispl:lte or ether matter in question arising out af or relates to this .A.greefReflt shall be subject to
mediation as a cOlI:dition preeedell:t to a-rbitration or the institl:ltion af legal or egl:litable proceedings by eidJ.er party.
If such matter r-elates to or is the subject of a lien arising Ol:lt of ilie Architect's services, tbe }\rcbitect ma)' proeeed
in accordancc ',yith applicable law to comply with the lien notice or filing deaslines prior to resell:ltion of the matter
by mediation or by areitratian.
1.3.4.1 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 iudicial action or other 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.
9 1.3.4.2 The Owner and A-rehitect shall clI:deavor te resolve claims, sispl:ltes ans Any claim. dispute or other
matters-matter in question between them ey mesiation \\t.ich, unless the pa-rties mlitl:lally agree otherwise, shall be ifl
accordance with the Constructiofl Industry Mediation Rl:Il~s arising out of the :\merican Arbitration .^.ssociation
clirrell:tly in effect. Request for mesiation shall be filed in writing with the ether pa-rty or related to this Agreement
all:d ',yith the .^.mericafl :\rbitratien :\ssociatien. The regl:lest may shall be mese concl:lrrefltly with the filing of
subject to mediation as a semens for condition precedent to arbitration el:lt, in sl:leh event, mesiation shall preceed in
advall:ce or the institution of a-rbitration or legal or equitable proceedings, vmich shall be stayed pending mediatien
fer-proceedings by either party. If such matter relates to or is the subiect of a ~lien arising out of 60 days from
the Architect's services. the Architect may proceed in accordance with applicable law to comply with the tlate-lien
notice or filing deadlines prior to resolution of filing, linless stayes for a longer period the matter by agreemell:t of
tbe parties mediation or COlict orGer.by arbitration.
1.3.4.3 The Owner and Architect shall endeavor to resolve claims. disputes and other matters in question between
them by mediation which. unless the parties mutuallv agree otherwise. shall be in accordance with the Construction
Industry Mediation Rules of the American Arbitration Association currentlv in effect. Request for mediation shall be
filed in writing with the other party to this Agreement and with the American Arbitration Association. The request
mav be made concurrentlv with the filing of a demand for arbitration but. in such event. mediation shall proceed in
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American Institute of Architects. All rights reserved. WARNING: This AIA$ Document is protected by U.S. Copyright Law and International Treaties. 7
Unauthorized reproduction or distribution of this AIA$ Document, or any portion of it, may result in severe civil and criminal penalties, and will be
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advance of arbitration or legal or equitable oroceedings. which shall be stayed pending mediation for a period of 60
days from the date of filing. unless stayed for a longer period bv agreement of the parties or court order.
~ 1.3.4.3 The flarties shall share the :mediator's fee aHd aB)' filiHg fees eEj.liall)'. The :mediaaoR shall Be helE! iR the
fllaee ',mere the Prejeet is loeated, 1:1Rless aaother loeation is FH1:1t1:1ally agreed 1:1pOH. .A.gree:meRts reaehed in
:mediatioH shall Be eafor-ceable as settlemem: agreements in an)' eOl:lrt having jl:lrisdictioH thereof.
1.3.4.4 The parties shall share the mediator's fee and anv filing fees equallv. The mediation shall be held in the
place where the Proiect is located. unless another location is mutuallv agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in anv court having jurisdiction thereof.
~ 1.3.5 ARBITRATION
~ 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with
Section 1.3.4.
~ 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall
be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for
arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration
Association.
~ 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter 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
statute of limitations.
~ 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in
any other manner, an additional person or entity not a party to this Agreement, except by written consent containing
a specific reference to this Agreement and 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 parties to this Agreement shall be specifically enforceable in
accordance with applicable law in any court having jurisdiction thereof.
~ 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in
accordance with applicable law in any court having jurisdiction thereof.
1.3.5.6 Arbitration shall occur in the State of Minnesota.
~ 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising
out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential
damages due to either party's termination in accordance with Section 1.3.8. Upon the condition that the Contractor
waives claims against the Architect for consequential damages arising out of or relating to the contract between
Owner and Contractor. the Architect waives claims against the Contractor and its consultants for consequential
damages. Consequential damages. for the puq>ose of this Agreement. include without limitation any indirect.
special. reliance. incidental. loss of use. loss of income. loss of profit. overhead. loss of rent. warrantv or
consequential damages as well as damages under theories of contribution or indemnity. but does not include
damages for personal and bodily iniuries or death. The parties further agree that anv liability for any damages not
waived under this agreement are limited to an amount not to exceed $100,000 or the total compensation for basic
and additional services under this agreement. whichever sum is greater. but this limitation of liabilitv does not apolv
to damages for personal and bodily injuries or death.
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The parties further agree that if. due to the Architect's error. anv required item or component of the Proiect is
omitted from the construction documents. any claims against the Architect shall not include the cost or expense of
any addition to the Proiect that provides betterment. upgrades or enhancement of the Proiect.
~ 1.3.7 MISCELLANEOUS PROVISIONS
~ 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, 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 or 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 Iimitations 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 AlA
Document A20 I, 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 proprietary. 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.
~ 1.3.7.9 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, 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
this 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 The Architect shall not be responsible for the identification. discoverv. removal. remediation of or any
harm caused bv hazardous substances present at the Site. The Owner shall be responsible for the identification.
discovery. removal. remediation of any hazardous substances present at the Site. If any such hazardous substances
are discovered while the Proiect is in progress. schedules and budgets shall be adiusted as necessary for the removal
or remediation of any such hazardous substances.
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American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.s. Copyright Law and International Treaties. 9
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.'
~ 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 shall have no liability to and shall be indemnified bv the Owner for delay or damage
caused the Owner or others 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' written 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 party
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 are 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.
1.3.8.8 If a contract for construction has not been awarded within 30 calendar davs of the date of receiot of bids in
which the budget for the Cost of the Work has not been exceeded bv the lowest bona fide bid or negotiated proposaL
subsequent services ?rovided bv the Architect until execution of the Contract for construction 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. These additional services include. but are not limited to. meetings with the Owner and/or
prospective Contractors. 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.
~ 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.
AlA Document B141lM -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"" Document is protected by U.S. Copyright Law and International Treaties. 10
Unauthorized reproduction or distribution of this AlA"" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
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~ 1.3.9.2 Reimbursable Expenses are in addition to compensation 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;
A 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 defmed 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, AlA Document BI41-1997.
~ 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AlA 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:
ARTICLE 1.5 COMPENSATION
~ 1.5.1 For the Architect's services as described under Article lA, compensation shall be computed as follows:
Three Hundred and Eightv-Eig:ht Thousand Dollars ($388,000)
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American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. 11
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
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, ,
~ 1.5.2 Ifthe 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.
(Insen 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 panicular
methods of compensation apply.)
A mutually agreeable fixed fee. or an hourly basis.
See Av.pendix A.
~ 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one
and one-quarter (1.25 ) times the amounts billed to the Architect for such services.
~ 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 one-tenth ( 1.10 )
times the expenses incurred by the Architect, and the Architect's employees and consultants.
~ 1.5.5 Other Reimbursable Expenses, if any, are as follows:
See Appendix B - Prevailing Reimbursable Exoenses.
Attornev's fees incurred in connection with the modification of standard agreement forms. collection of Architect's
fees. response to lender requests. completion of lender consent to assignment forms.
Expense of technical typing of s{>ecifications. modifications to Contract Documents. Proiect correspondence and
reports.
Retrieval and copving of back-up data for reimbursable expenses will also be handled as a reimbursable expense.
Administrative time and copv expenses will be billed at {>revailing rates.
The Owner will pav anv sales taxes currentlv in force or imposed in the future in addition to the fees and expenses.
~ 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.
~ 1.5.7 An initial payment of zero ($ Q) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments
for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis
set forth in this Agreement.
~ 1.5.8 Payments are due and payable thirty (30 ) days from the date of the Architect's invoice. Amounts
unpaid thirty (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.
(Insen rate of interest agreed upon.)
per annum
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws
and other regulations at the Owner's and Architect's principal places of business, the location of the Project and
elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions
or modifications, and also regarding requirements such as written disclosures or waivers.)
~ 1.5.9 If the services covered by this Agreement have not been completed within 20 (twentv ) 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.
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This Agreement entered into as of the day and year fIrst written above.
OWNER
~~-
Mohammed LawaL AIA
(Printed name and title)
(Signature)
(Printed name and title)
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American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 13
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\'=:AIA Document 8141'" -1997 Part 2
Standard Form of Architect's Services:
Design and Contract Administration
TABLE OF ARTICLES
2.1 PROJECT ADMINISTRATION SERVICES
2.2 SUPPORTING SERVICES
2.3 EVALUATION AND PLANNING SERVICES
2.4 DESIGN SERVICES
2.5 CONSTRUCTION PROCUREMENT SERVICES
2.6 CONTRACT ADMINISTRATION SERVICES
2.7 FACILITY OPERATION SERVICES
2.8 SCHEDULE OF SERVICES
2.9 MODIFICATIONS
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
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 Project 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.
~ 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.
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~ 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 cooperate with
the Contractor or any other representative or consultant engaged by the Owner for the preparation of a preliminary
estimate ofthe Cost of the Work. This estimate may be based on current area, volume or similar conceptual
estimating techniques. As the design process progresses through the end of the preparation of the Construction
Documents, the :\rehiteet shall Owner may ask the Contractor or any other re1;>resentative or consultant to update
and refine the preliminary estimate of the Cost of the Work. The AreRitect shall aavise the OWfler af aFl)'
adjHslffieats ta pre'lieus estimates af the Cost of the Wark iaaicat-ea by ehaRges iR Prajeet feqairemeats or geaeral
market eoRditiaas. 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, or shall consider appropriate recommendations
provided by the Gwfler.Contractor or any other representative or consultant 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 E'lalaatiaas efthe OWfler's badget fer the Project, the prelimiRary estimate of tbe Cost of the Work afld
lIfldated estimates af the Cast af the Wark prepared by the L'\rehiteet represeat the Arehiteet's jadgmeat as a Elesiga
professiaflal familiar with the caftstrHctiaa iadustry. It is recognized, hewe'/er, ~ 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 er-negotiated prices or actual costs will not vary from the Owner's budget for the
Project or from any estimate of the Cost of the Work or evaluation prepared reviewed, relied upon or agreed to by
the Architect.
~ 2.1.7.3 In preparing estimates of the Cost of the Work, the L'\r{)hitect estimator shall be permitted and expected to
include contingencies for design, bidding and price escalation; The Architect shall be permitted to determine
recommend what materials, equipment, component systems and types of construction are to be included in the
Contract Documents; to malEe-recommend reasonable adjustments in the scope of the Project and to include in the
Contract Documents alternate bids as may be F1ecessary appear ap1?ropriate. in the exercise of the Architect's
iudgment 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. The Owner and the
Architect acknowledge that changes mav be required because of possible omissions. ambiguities or inconsistencies
in the plans and specifications and the Owner agrees that the Architect shall be permitted to include contingencies
for such changes in the amount of five percent (5%) of the Cost of the Work. The Owner agrees to make no claim
with respect to anv changes made within such contin~ent reserves and the Architect agrees to make no claim with
respect to any additional services required to correct any such omissions. ambiguities or inconsistencies.
~ 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
.2
.3
.4
give written approval of an increase in the budget for the Cost of the Work;
authorize rebidding or renegotiating of the Project within a reasonable time;
terminate in accordance with Section 1.3.8.5; or
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 Clause 2.1.7.5.1. the Owner may not claim that the Architect is
responsible for the Cost of anv Work authorized by the Owner.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 not be responsible for the Cost of the Work. The Architect shall be entitled to compensation in
accordance with this Agreement for all services performed whether or not construction is commenced.
2. 1.7.7 If the budget for the Cost of the Work would be exceeded as a result of Change Orders proposed after the
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Unauthorized reproduction or distribution of this AlA'" Document, or any portion of iI, may result in severe civil and criminal penalties, and will be
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User Noles: (1950708717)
execution of the Owner-Contractor Agreement. the Owner shall:
.1 give written approval of an increase in the budget for the Cost of the Work.
.2 terminate in accordance with Subparagraph 1.3.8.5: or
.3 cooperate in revising the Proiect Scot;>e and quality as required to reduce the Cost of the Work.
2.1.7.8 If the Owner chooses to proceed under Clause 2.1.7.7.3. the Architect shall modify the documents as
necessary to complv with the budget for the Cost of the Work. If the Change Orders are required as a result of (i)
the enactment or revision of codes. laws or regulations subsequent to the preparation of Drawings. Specifications or
other documents. (ii) requirements imposed by municipal or other local building code. fire safety or other inspectors
after the municit;>ality or other local authority has issued a building permit or otherwise approved Drawings.
Specification or other documents as conforming with apt;>licable municipal or other local requirements. (iii) Owner
requested changes. the Architect's modifications shall be considered authorized additional services. Otherwise. the
Architect shall make the changes without additional compensation if such changes were due to the Architect's
failure to perform under this Agreement. The modification of such documents shall be the limit of the Architect's
responsibilitv under this Paragraph 2.1.7. The Architect shall not be responsible for the Cost of the Work. 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
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.
AlA Document B141™ -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 AIA'IJJ Document is protected by U.S. Copyright Law and International Treaties. 3
Unauthorized reproduction or distribution of this AlA" 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 AlA software at 16:04:21 on 03/15/2006 under Order
NO.1 000195323_9 which expires on 9/8/2006, and is not for resale.
User Notes: (1950708717)
~ 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 preliminary 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 appearance
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 preparation 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.
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 preparing 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 a pre-bid
conference for prospective bidders.
AlA Document B141TM -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 AIAat Document is protected by U.S. Copyright Law and International Treaties. 4
Unauthorized reproduction or distribution of this AlA" 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 AlA software at 16:04:21 on 03/15/2006 under Order
No.1 000195323_9 which expires on 9/8/2006, and is not for resaie.
User Notes: (1950708717)
~ 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.
~ 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 AlA 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 shall review properly prepared, timely requests by the Contractor for additional information
about the Contract Documents. A properly prepared 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 clarification 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.
AlA Document B141™ -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 AlA'" Document is protected by U.S. Copyright Law and International Treaties. 5
Unauthorized reproduction or distribution of this AlA'" 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 AlA software at 16:04:21 on 03/15/2006 under Order
No.1 000195323_9 which expires on 9/8/2006, and is not for resale.
User Notes: (1950708717)
~ 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
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 other persons 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 preparation 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 necessary 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 gi ve 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.
~ 2.6.3 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
AlA Document B141T11-1997 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 AIA@ Document is protected by U.S. Copyright Law and International Treatles. 6
Unauthorized reproduction or distribution of this AlAe 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 Jaw. This document was produced by AlA software at 16:04:21 on 03115/2006 under Order
No.1000195323_9 which expires on 9/8/2006, and is not for resale.
User Notes: (1950708717)
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 submittals
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
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
AlA Document B141™ -1997 Part 2. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 19n, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 7
Unauthorized reproduction or distribution of this AlA" 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 AlA software at 16:04:21 on 03/15/2006 under Order
NO.1 000195323_9 which expires on 9/8/2006, and is not for resaie.
User Notes: (1950708717)
time that might result 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 oJher
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.
~ 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 forward 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 year 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 2 ( two ) reviews of each Shop Drawing, Product Data item, sample and similar
submittal of the Contractor.
.2 up to 20 ( twentv ) visits to the site by the Architect over the duration of the Project during
construction.
.3 up to Q (zero ) 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 1 (one ) 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 replacement of Work resulting from fire or other cause during
construction;
AlA Document B141™ -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 AlA" Document is protected by U.S. Copyright Law and International Treaties. 8
Unauthorized reproduction or distribution of this AlA" 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 AlA software at 16:04:21 on 03/15/2006 under Order
NO.1 000195323_9 which expires on 9/8/2006, and is not for resale.
User Notes: (1950708717)
.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 Location of Service Description
(Architect, Owner or
Not Provided)
.1 Programming -Owner
.2 Land Survey Services -Owner
.3 Geotechnical Services -Owner
.4 Space Schematics/Flow Diaorams -Architect
.5 Existing Facilities Surveys -Owner
.6 Economic Feasibility Studies --O,vner
.7 Site Analysis and Selection -Executed
.8 Environmental Studies and Reports -O,vner
.9 Owner-Supplied Data Coordination --Owner
.10 Schedule Development and Monitorino --Architect
.11 Civil Desion -----Architect
.12 Landscape Design -----Architect
.13 Interior DesicJn Architect ADPendix F,
.14 Special BiddinQ or NeQotiation --Not Provided
.15 Value Analysis Architect, Owner.
Independent Cost
,~ sti!TI~1or
.16 Detailed Cost Estimating
.17 On-Site Project Representation Architect See 2,8.1.2
.18 Construction Management -Not Provided
.19 Start-up Assistance Architect Pre-bid and
Pre-construction
Meetinas
.20 Record DrawinQs Contractor
.21 Post-Contract Evaluation Icommissionina\
.22 Tenant-Related Services Not Provided
.23 Structural --Architect
.24 Mechanical ---Architect
.25 Electrical -,-,-Architect
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:
AlA Document 8141™ -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 AlA'" Document is protected by U.S. Copyright Law and International Treaties. 9
Unauthorized reproduction or distribution of this AlA'" 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 AlA software at 16:04:21 on 03/15/2006 under Order
No,1 000195323_9 which expires on 9/8/2006, and is not for resale.
User Notes: (1950708717)
I i\1l:leiId 3.18' to' read. asJ'Ollows:
AlA Document B141™ -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 AIA~ Document is protected by U.S. Copyright Law and International Treaties. 10
Unauthorized reproduction or distribution of this A1A~ 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 AlA software at 16:04:21 on 03/15/2006 under Order
No.1 000195323_9 which expires on 9/812006, and is not for resale.
User Notes: (1950708717)
By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications
hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AlA Document
B141-1997, that was entered into by the parties as of the date:
OWNER
~~
Mohammed LawaL AlA
(Printed name and title)
(Signature)
(Printed name and title)
AlA Document B141™ -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 AlA" Document is protected by U.S. Copyright Law and International Treaties. 11
Unauthorized reproduction or distribution of this AlA" 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 AlA software at 16:04:21 on 03/15/2006 under Order
No.1 000195323_9 which expires on 9/8/2006, and is not for resale.
User Notes: (1950708717)
KKA
. arch itects
KKE Architects, Inc.
300 first avenue north
minneapolis, mn 55401
612/339-4200
612/338-6936 fax
www.kke.com
TM
APPENDIX A
PREVAILING HOURLY RATES
Position
Rate Per Hour
Student Intern
CAD Tech I
Interior Design 1
CAD Tech 2
Interior Design 2
CAD Tech 3
Project Designer
Job Captain
Job Captain (P)
Designer
Designer 2
Project Architect
Specifications Writer
Senior Job Captain (P)
Project Manager
Senior Project Architect
Senior Designer
Associate
Senior Interior Designer
Director of Interior Design
Specification Writer/Senior Associate
Senior Associate
Senior Associate/Special
Senior Principal
$50.00
50.00 - 65.00
60.00 - 65.00
65.00 - 75.00
65.00 - 85.00
75.00 - 85.00
70.00
90.00
100.00
90.00
95.00
110.00
100.00
110.00
115.00
115.00
110.00
120.00
115.00
135.00
150.00
150.00
150.00 -175.00
200.00
Effective January 10, 2006
Subject to Periodic Adjustment
minneapolis las vegas irvine pasadena
expanding the vision'"
KK-
architects
KKE Architects, Inc.
300 first avenue north
minneapolis. mn 55401
612/339-4200
612/338-6936 fax
www.kke.com
TM
APPENDIX B
PREVAILING REIMBURSABLE EXPENSES
DescriDtion
Blueprints*
Drafting Mylars*
Foam Core Boards*
Photocopy
Color Copies (8~ x 11)
Color Copies (11 x 17)
Fax
Photocopy Stickyback
Technical Typist
Photo Ready Publishing
Specification Diskettes
Mileage
Parking
Other Transportation
Meals/Lodging
Long-Distance Telephone
Postage/Delivery Charges
Model, Sample, Rendering
Materials/Supplies
Codes/Ordinances
Legal
Consultants
CAD Equipment Usage
Color Plotter
Electrostatic Plotter E Size Usage
Sales Tax, If Applicable
Project reimbursable costs will be charged at cost plus 10%.
*Depending on size
Effective January 2, 2006
Subject to Periodic Adjustment
minneapolis las vegas irvine pasadena
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
$40.00/hour
$85/8~" x 11" Face
$10.00
A5/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
$10/SF
$15.00/sheet
As billed to KKE
expanding the vision'"
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12/21/2005 09:46 76324192860
ERFAX
PAGE 83
Appendix D4
Guidelines for Determining Space Needs
1. Print and nonprint collections
· Open adUlt book shelving: 7 volumes per linear foot
· Closed adult book shelving: 8 volumes per linear foot
· Open children book shelving: 15-20 volumes per linear foot
· Closed children book shelving: 18-24 volumes per linear foot
· Periodicals: Current tide diSplay 1 linear fl per title; back issues 3 years per 1 linear it
· Pamphlet file cases: 12 sq. ft. per file
· Records: 15 records per sq. ft per record bin; 25 records per sq. ft. on shelves
· Map cases: 30 sq. ft per file
· Cassette display cases: 16-18 per-linear foot
· CD display cases: 25-28 per linear foot
· Paperback tower/carousel racIes: 30 sq. ft.
- · _ Videos: 12 per linear ft.
2. Study and leisure reading areas
· Loungefuifonnal seating: 40 sq.ft per reader
· Carrels & micro:fiIm. reader/printers 35 sq. feet
· Table seating: 30 sq. feet per reader
3. Staff'Work and lounge areas
· 150 sq.:ft. per staff at circulation or reference desk.
· Staff ~ varies from 100-225 sq. ft. for office space and 75-125 sq. ft. for work statiODS.
... .
4. Compllten, listening and viewing stations
· - Computertenninals: 40 sq. feet per reader ,
· - Listening/viewing stations: 25 sq. ft. per reader fdr seating only; 30 sq. ft. per reader at
table-
5. Miscellaneous
· Space for heating and 'cooling eqUipment, niultipurpose room, stairways, ramps, elevators,
janitor's and toilet supplies, entry way, undesignated spaces, et9. determined by comniunity
needs, h"brary's written service progr8IJ1, and arcbitectural design.
Source; StanJmdsfor Mlnnuota Public Libraries
111
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12/21/2605 09:46 76324192860
ERFAX
PAGE 04
Ap'pendix D5
Space Needs Assessment Calculations
1. Collection Space
· Bookstock @ 10 volumes per square foot
· Audiovisual holdings @ 30 items pet squar.e foot
· Periodical display @ 1.5 items per square foot
· Periodical backfiles @ 0.5 square feet per title per year retained
2. Reader Seating Space
- Allow 30 square feet per reader seat
3. Staff WorkSpace. .
· Allow 125-150 square feet per staffwork station
4. Meeting Room Space
- Genera1meeting space @ 10 square feet per seat
- Conference space @ 25 square feet per seat
. I
- Children's progran)11:)ll)g space @ 10 square feet per seat
5. Special Use Space
· Add the allocatiom for collection space, reader seating space, staff work space, and'
meeting space (nos. 1-4 above) .
-Multiply that total by 0.15
. 6. Nonassignable Space
· .Add the allocations for collection space, reader seating space, staffwork Space, meeting
space, and special use space
· Multiply that total by 0.25
Source: Stand4rtb for Minnesota Publw Ulwariu
112
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Elk River Collection Details
01;"", ,,~~, D /
tDV'-.( "I b1 (fOIl'" /tiff'" I
(i-fLfL t.. /1-/1,1/')'
Call Num Elk River Circulation
Category Holdings To Date
Biography 691 1531
Board Books 247 2597
CD Music 1002 8780
DVD Entertainment 436 11426
DVD Non Fiction 73 1488
Easy Books 5742 42702
Beginning Readers 869 8160
Adult Easy Readers 30 26
Fiction 6411 24979
Foreign Language 31 38
Fiction Mystery 1626 3831
Fiction Sci-Fi 217 457
Fiction Western 408 919
ILL 0 370
Kit - Non-Fiction 51 . 212
Juvenile Biography 608 995
Juv Cass Music 57 129
Juv CD . I 120 1602
Juv DVD Entertain 141 3853
Juv DVD NF 9 53
. Juv Rction 4936 22638
Juv' Foreign Lang 138 278
Juv Kit 279 1770
Juv LP 97 244 .
Juv Non-Fiction 6547 21344
Juv Periodicals 7 0
Juv Paperbacks 3 23
Juvenile Reference 292 0
Juv Spoken Word 361 2704
Juv Video Entertain 392 11615
Juv Video NF 39 341
LP - Fictfon 441 1122
LP - Myste rV 89 160
. LP - NF 80 122 .
LP - Sci-Fi 3 2
LP - Westerns 105 314
Media - T emoorary 4 2644
Music Cassettes 0 121
Non - Fiction 12617 39911
Paperbacks 3 1468
. PE~.riodicals 76 839
Professional Collect 0 23
Reference 742 0
Story Collections 154 386
StorY Telling Kit . 0 2
Spoken W/Fic CD 235 2903
Spoken W/CD NF 52 695
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. LEED.-NC
LEED-NC Version 2.2 Registered Project Checklist
<< enter project name >>
<< enter city, state, other details >>
Yes ? No
Yes ? No
Prereq 1
Credit 1
Credit 2
Credit 3
Credit 4.1
Credit 4.2
Credit 4.3
Credit 4.4
Credit 5.1
Credit 5.2
Credit 6.1
Credit 6.2
Credit 7.1
Credit 7.2
Credit 8
Construction Activity Pollution Prevention
Site Selection
Development Density & Community Connectivity
Brownfield Redevelopment
Alternative Transportation, Public Transportation Access
Alternative Transportation, Bicycle Storage & Changing Rooms
Alternative Transportation, Low-Emitting and Fuel-Efficient Vehicles
Alternative Transportation, Parking Capacity
Site Development, Protect of Restore Habitat
Site Development, Maximize Open Space
Stormwater Design, Quantity Control
Stormwater Design, Quality Control
Heat Island Effect, Non-Roof
Heat Island Effect, Roof
Light Pollution Reduction
Required
1
1
1
1
1
1
1
1
1
1
Yes ? No
Credit 1.1 Water Efficient Landscaping, Reduce by 50%
Credit 1.2 Water Efficient Landscaping, No Potable Use or No Irrigation
Credit 2 Innovative Wastewater Technologies
Credit 3.1 Water Use Reduction, 20% Reduction
Credit 3.2 Water Use Reduction, 30% Reduction
Prereq 1
Prereq 2
Prereq 3
Credit 1
Credit 2
Credit 3
Credit 4
Credit 5
Credit 6
Fundamental Commissioning of the Building Energy Systems
Minimum Energy Performance
Fundamental Refrigerant Management
Optimize Energy Performance
On-Site Renewable Energy
Enhanced Commissioning
Enhanced Refrigerant Management
Measurement & Verification
Green Power
Required
Required
Required
1 to 10
1 to 3
1
1
1
continued...
Yes ? No
Yes ? No
Prereq 1
Credit 1.1
Credit 1.2
Credit 1.3
Credit 2.1
Credit 2.2
Credit 3.1
Credit 3.2
Credit 4.1
Credit 4.2
Credit 5.1
Credit 5.2
Credit 6
Credit 7
Storage & Collection of Recyclables
Building Reuse, Maintain 75% of Existing Walls, Floors & Roof
Building Reuse, Maintain 100% of Existing Walls, Floors & Roof
Building Reuse, Maintain 50% of Interior Non-Structural Elements
Construction Waste Management, Divert 50% from Disposal
Construction Waste Management, Divert 75% from Disposal
Materials Reuse, 5%
Materials Reuse,1 0%
Recycled Content, 10% (post-consumer + Y2 pre-consumer)
Recycled Content, 20% (post-consumer + Y2 pre-consumer)
Regional Materials, 10% Extracted, Processed & Manufactured Region.
Regional Materials, 20% Extracted, Processed & Manufactured Region.
Rapidly Renewable Materials
Certified Wood
Required
1
Yes ? No
Prereq 1
Prereq 2
Credit 1
Credit 2
Credit 3.1
Credit 3.2
Credit 4.1
Credit 4.2
Credit 4.3
Credit 4.4
Credit 5
Credit 6.1
Credit 6.2
Credit 7.1
Credit 7.2
Credit 8.1
Credit 8.2
Minimum IAQ Performance
Environmental Tobacco Smoke (ETS) Control
Outdoor Air Delivery Monitoring
Increased Ventilation
Construction IAQ Management Plan, During Construction
Construction IAQ Management Plan, Before Occupancy
Low-Emitting Materials, Adhesives & Sealants
Low-Emitting Materials, Paints & Coatings
Low-Emitting Materials, Carpet Systems
Low-Emitting Materials, Composite Wood & Agrifiber Products
Indoor Chemical & Pollutant Source Control
Controllability of Systems, Lighting
Controllability of Systems, Thermal Comfort
Thermal Comfort, Design
Thermal Comfort, Verification
Daylight & Views, Daylight 75% of Spaces
Daylight & Views, Views for 90% of Spaces
Required
Required
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Yes ? No
Credit 1.1 Innovation in Design: Provide Specific Title
Credit 1.2 Innovation in Design: Provide Specific Title
Credit 1.3 Innovation in Design: Provide Specific Title
Credit 1.4 Innovation in Design: Provide Specific Title
Credit 2 LEED@ Accredited Professional
111111 Project Totals (pre-certification estimates) 69 Points
Certified 26-32 points Silver 33-38 points Gold 39-51 points Platinum 52-69 points
DRAFT PROJECT BUDGET WORKSHEET- draft
ELK RIVER LIBRARY
PROJECT SUMMARY
FUNDING BUDGET $/SF
1 FUNDING SOURCE
1.01 Bonding 3,830,000
1.02 Library Fund to be delennlned
1.03 Capital outlay
1.04 Sherburn County Grant to be detennined
1.05 Revenues from Property Sales to be determined
I
TOTAL $ 3,830,000 (plus additional funds)
COSTS 16,OOOsf 16,OOOsf LEED
2 SITE DEVELOPMENT COSTS
2.01 Site purchase 0 0
2.02 Conditional Use/Zoning review fee 0 0
2.03 Plan review feesJBldg Permit 0 0
2.04 SACIWAC charges 0 0
2.05 PCA fees 0 0
2.06 Site demolition/prep 0 0
SUBTOTAL $ 0
3 CONSULT SERVICES/MISC COST ITEMS
3.01 Architectural
3.02 Structural Engineering
3.03 Mechanical Engineering
3.06 LEED Documentation Consultant
3.07 Energy Modeling / ME LEED Doc.
3.08 Landscape Arch
3.04 Electrical Engineering
3.17 Independent Cost estimator
3.06 Civil Engineering 459,~.h
3.07 subtotal 388,000 .,..-"
3.05 Site Survey 6.050 6,050
3.09 interior Design 35,000 35,000
3.10 Library Program Consult 0 0
3.11 Technology Consult 5,000 5,000
3.12 HVAC Commissioning 10,000 10,000
3.13 EnvironmlPCA consult 0 0
3.14 Traffic Study 0 0
3.15 Soil testing-Geotechnical 3,000 3,000
3.16 Construction Testing 6,500 6,500
3.18 Owners insurance 0 0
3.19 Legal fees 0 0
3.20 Moving costs 2,000 2,000
3.21 Signege 18,000 18,000
3.22 Promotionalllnformational Materials 3,000 3,000
3.23 State Plan Review 0 0
3.24 Renderings/Models 3,000 3,000
325 Consult Reimbursabtes SO,OOO SO,OOO
SUBTOTAL $ 529,550 600,550
4 FFElTECHNOLOGY
4.01 FFE 275,000 275,000
4.02 Technology GRRL
4.03 Communication I Security 18,000 18,000
4.04
SUBTOTAL $ 293,000 293,000
5 CONSTRUCTION COSTS
5.01 Construction-bldg 2,640,000 2,838,000
5.02 Site 87,000 87,000
SUBTOTAL $ 2,727,000 2,925,000
6 PROJECT CONTINGENCY 260,000 290,000
SUBTOTAL $ 260,000 290,000
TOTAL $ 3,809,550 4,108,550
OVERALL BUDGET
FUNDING $ 3,830,000 3,830,000
COSTS $ 3,809,550 4,108,550
D1FF $ 20,450 -278,550
KKE Architects
costsummary options - 0315.xls