Warehouse District Master Plan Consultant SelectionTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approval of a Consultant for the Dubuque Warehouse District Master Plan
DATE: May 27, 2008
On August 6, 2007, the City Council approved the Warehouse District Revitalization
Strategy. The first goal of that strategy was to develop a Master Plan for the
Warehouse District.
A Request for Qualifications was issued after being developed by a committee
consisting of several City staff members, Greater Dubuque Development Corporation
Executive Director Rick Dickinson, Dubuque Main Street Executive Director Dan
LoBianco, and property owners John Gronen, Tim McNamara, Tony Pfohl and Bob
Johnson.
Thirteen proposals were received responding to the RFQ for consulting services for the
Dubuque Warehouse District Master Plan. The committee met and narrowed the field
to five firms, which the committee interviewed. The interviews were held in mid April
and two firms rose to the top, the Cuningham Group from Minneapolis, MN, and S.B.
Friedman and Co. from Chicago, IL. The Cuningham Group proposal identified a cost
of $149,500 and S.B. Friedman's cost is $134,215. The committee then did reference
checks on each of the firms and held an additional phone meeting to more clearly define
certain components of their scope of services.
A large majority of committee feel the Cuningham Group had the best understanding of
the vision of the district, the constraints limiting the district, economic analyses needed
to determine the viability of the district, and the proper methodology to create a quality
Master Plan to advance the vision of the Warehouse District.
The committee recommends negotiating and executing a contract with the Cuningham
Group,
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: Michael Van Milligen, City Manager
FROM: David J. Heiar, Economic Development Director;.
SUBJECT: Approval of a consultant for the Dubuque Warehouse District Master Plan
DATE: May 22, 2008
INTRODUCTION
This memorandum presents for City Council approval of a contract to hire a consultant
to develop the Warehouse District Master Plan.
BACKGROUND
An RFQ was developed by a subcommittee formed out of the Envision 2010 group and
includes City Staff and several district property owners.
As an outgrowth of the Envision 2010 process, members of the committee saw the
need to define the Warehouse District through a master plan process. Both the public
and private partners have sensed the need to define the long range plan for the district,
to anticipate and guide future investment and to ensure quality development.
The committee also prepared the Warehouse District Revitalization Strategy that was
approved by the Dubuque City Council on August 6, 2007. The first goal of that
strategy was to develop a Master Plan for the Warehouse District.
The City's funding for the consultant will come from General Fund CIP project for
downtown streetscape design from the Planning Services Department. A majority of the
funding will come from an EDA grant and from private funding sources.
DISCUSSION
Those chosen to serve on the selection committee are as follows:
• Aaron DeJong, Economic Development (Chair)
• David Heiar, Economic Development
• Cindy Steinhauser, City Manager's Office
• Laura Carstens, Planning Services
• Ron Turner, Engineering
• Teri Goodmann, City Manager's Office
• Rick Dickinson, GDDC
• Dan LoBianco, Dubuque Main Street
• John Gronen, Property Owner
Tim McNamara, Property Owner
Tony Pfohl, Property Owner
Bob Johnson, Property Owner
Thirteen proposals were received responding to the RFQ for consulting services for the
Dubuque Warehouse District Master Plan. The committee met and narrowed the field
to 5 firms which the committee interviewed. The interviews were held in mid April and
two firms rose to the top, the Cuningham Group from Minneapolis, MN, and S.B.
Friedman and Co. from Chicago, IL. The Cuningham Group proposal identified a cost
of $149,500 and S.B. Friedman's cost is $134,215. The committee then did reference
checks on each of the firms and held an additional phone meeting to more clearly define
certain components of their scope of services.
A large majority of committee feel the Cuningham Group had the best understanding of
the vision for the district, the constraints limiting the district, economic analyses needed
to determine the viability of the district, and the proper methodology to create a quality
Master Plan to advance the vision of the Warehouse District.
To fund the approximate $150,000 to hire the Cuningham Group, the following is a list
of the sources of funding for the project:
• EDA Grant $75,000
• 4 Major Property Owners $20,000
• Private Donations through Dubuque Main Street $20,000
• Dubuque Initiatives $20,000
• Private Fundraising (guaranteed by Gronen Restoration) $15,000
The City's matching funds for the consultant will come from General Fund CIP project
for downtown streetscape design from the Planning Services Department. The
Warehouse District component to this project is estimated to be $15,000 of the total
project.
Recommendation
It is the Committee's recommendation that the Council approve of the Cuningham
Group out of Minneapolis, Minnesota for consulting services.
Action Step
The City Council is requested to approve the attached resolution approving the contract
with the Cunningham Group.
F:\USERSWdejong\Warehouse District\Master Plan\20080520 Memo to Council Consultant Approval.doc
RESOLUTION NO. 191-08
RESOLUTION AUTHORIZING CONTRACT WITH CUNINGHAM GROUP
ARCHITECTURE, P.A. FOR PROVIDING PROFESSIONAL SERVICES FOR
THE DUBUQUE WAREHOUSE DISTRICT MASTER PLAN.
Whereas, the City Council has requested a Master Plan be developed in
accordance with the Warehouse District Revitalization Strategy adopted by Resolution
425-07 on August 6, 2007; and
Whereas, a Request for Qualifications was issued, responses have been
received and reviewed; and
Whereas, the City has received appropriate funds for creating such a Master
Plan,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Cuningham Group Architecture, P.A. is hereby awarded a contract to
provide professional services for the creation of a Dubuque Warehouse District Master
Plan for $149,500.
Section 2. The Mayor is hereby authorized to sign a contract and detailed scope
of services with Cuningham Group Architecture, P.A. for the proposed Master Plan
work.
Passed, approved and adopted this 2nd day of June, 2008.
Attest:
Jeanne F. Schneider, City Clerk
Roy D. Buol, Mayor
F:\USERS\Adejong\Warehouse DistrictWlaster Plan\Resolution approving Cuningham contract.doc
ray 21, 2008
City of Dubuque
Attn: Aaron DeJong
50 W. 13th St.
Dubuque, IA 52001
DeJong,
I am writing to show Gronen Restoration's financial commitment of
$20,000 (the original $5,000 commitment plus an additional $15,000
guarantee) to assist in the completion of a master plan process for the
Dubuque i~istoric Warehouse District. This plan will greatly assist the
transformation of Downtown Dubuque and we are excited to
participate.
The added commitment is to guarantee an additional $15,000 raised
for the AAaster Plan project. Fundraising efforts will continue for the
project, but shook! efforts not amount to $15,000, Gronen Restoration
wiil provide the additional funds needed.
Our commitment will be made available as needed for the project, and
will go towards the project costs as kientified in the application to the
EDA for their financial assistance.
Please do not hesitate to contact me should you need any additional
information or if you should have any questions about our commitment.
PO bOX 1864 DUDUQUf IOwfl 54004-1864 DnOUf 56.5.557.7010 fUX 563.690.1610
May 23, 2008 CUNINGHAM
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City Council . ,.., , ~= ~; ~~~~,~
City of Dubuque ~~~;~ r
SOW 13'" Street
Dubuque, IA 52001
Subject: PROPOSAL AND AGREEMENT FOR PROVIDING PROFESSIONAL SERVICES
Dubuque Warehouse District
Dear Members of the Council:
Cuningham Group Architecture, P.A. (Architect) is pleased to submit to the City of Dubuque
(Owner), with this Proposal and Agreement for professional services to assist you in Master erwr~ Q+rw
Planning Services for Dubuque Warehouse District. ~'~"~`"~ r'a'
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We understand that Dubuque and a variety of committed stakeholders, business owners and ~,, ~
developers are interested in creating a vibrant, mixed-use district in the historic warehouse X14
area of downtown. The goals include:
• Revitalizing over 1 million square feet of space in the next S years. Tek au s~ 300
• Leverage investment of 5200 million. Fa~c 6t2 379 X00
• Expand the Downtown Urban Renewal District and use of TIF for a variety of
investment activities. www.cunirpham.com
• Create a master plan that will define a vision, use, snd timing for the area.
It is important to understand the variety of other competing initiatives and strategies that this
plan may face including competition from similar activities and uses in the Port of Dubuque
Area (museum, casino, new restaurants, hotels, conventions, etc.) on-going businesses and
development in downtown, and how this area will respond to retail, commercial and
residential market trends and city policies outside of the downtown area. As in any
marketplace, there is a Emile amount of space and investment that can be supported; on-going
or additional local economic development strategies need to be sensitive and respond to these
dynamics throughout all phases and cycles.
It will be critical to guide the Warehouse District in a way that connects to and leverages the
various activities in downtown and the riverfront. The district may represent an opportunity to
focus on segments of the market that can more successfully respond to a defined strategy, such ~ w ~ NuA
as one focused on residential or mixed-use. Obviously the district represents the ability to ~ ~ Aa-
accommodate a broad range of uses and activities -how it does so
and where the initial ~~ ~ Nom. ~
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investments are made will be extremely important in the long rem. Identifying the potential for o~.~A.~,AU-
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a `critical mass' of investment and use, and where this may occur, will be a significant nmoenyourwcAu
outconx of this process. s~ A~
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The district includes a great supply of historic buildings and its location as an authentic, "+.ro.KCS-~+~AU-
established place may easily translate this unique collection into a greatly loved addition to the ~'" ~ A'A
Greater Downtown Area. Already a nun~er of historic buildings have been r~laimed, re- ~'"~"` s ~°'t A'A
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purposed and preserved for new uses; these provide great precedents for how the district may C U N 1 N G N A M
continue to devel for ears to come. In an case this a h re s a o u r
oP Y Y pproac presents the best example
of auatainabledty-building that can be hoped for. The opportunity is well defined and has
many strong supporters who are interested and vested in success including local owners,
developers, businesses and various city and chamber advocates.
All of these organizations and stakeholders have made, or are in the process of making,
investments and contributions to the Greater Downtown Area and to the Warehouse District.
Other initiatives and resources have been ongoing including the Heritage Trail Extension, the
Downtown Master Plan, The Port of Dubuque Master Plan and efforts to place asub-area of
the Warehouse District on the National Register of Historic Places.
Of course, the Warehouse District Revitalization Strategy (adopted by the City Council in
August 2007) communicated the vision for the District through a series of six succinct goals.
Ongoing from the Strategy's Priority of Tasks is a parking study that addresses the Greater
Downtown Area and the Warehouse area as a subset. An important, and very comprehensive
work, is the Dubuque Warehouse District Reconunendationsfcr Revitalization prepared by
graduate students from the University of Iowa. Their recommendations seem appropriate.
Their research appears to provide a solid foundation to begin this next step. Interestingly,
according to the study, the City's population has remained constant but the number of housing
units in the county increased by about 6,000 (from 1990 -2005) as did housing vacancies
(about 1300 from 1990 -2005).
The District itself contains a street, block and building pattern that is unmistakably warehouse,
large floor plate buildings that, in some cases, occupy an entire block. The exception is the
frontage on White Street. North of East 9°i Street the building pattern is more incremental,
suggesting a "softer" frontage, perhaps one more open to more immediate redevelopment/re-
positioning. Another condition that will come into play is the elevated Hwy. 151 and how that
may or may not affect connectivity to the Port of Dubuque.
APPROACH/SCOPE OF WORK
We are proposing an approach that rocognizes the organization and effort that has been made
to-date. Our approach is a'bridge' from previous efforts to what will come next. Our approach
organizes the process into two major parts over an approximately six (6) month schedule.
Part I -Learning
Part II -Deciding
Part I is about learning from and listening to the stakeholders, reviewing and analyzing the
study area, determining the dynamics of rcnulcet place and clearly defining the opportunities.
At the conclusion of Part I, we have included a 30-day review period that provides ample tine
for stakeholders, committee members and staff to review and respond.
Part II is about responding to the findings and results of Part I, agreeing on a specific direction
and preparing plan recommendations for how, where and when investments are made in the
District.
The process is organized around a Warehouse Steexing Committee that meets on a regular
basis to guide the Consuhant Team. Focus Groups are set-up to provide the team direct (and
timely) information on at least two occasions in the schedule. We are proposing to conduct
three (3) community meetings at specific milestones. Throughout the process we
communicate and melt regularly with City Staff.
The public involvement process includes four primary groups of participants:
• City Staff
• Warehouse Steering Committee
• Focus Groups (neighborhood leaders, public officials, developers, local businesses, etc.)
• Public and Community Stakeholders
Each of these groups is engaged at key times throughout the process. The team relies on the
organizational capacity of the City Staff to help define a corrrlxehensive list of stakeholders
and focus groups. The team also relies on the City to assist with communication, logistics and
notification of meetings, etc.
Project Workshops
In addition we are proposing to incorporate two (2) project workshops into the process to
better address assessment, analysis, interviews and meetings on-site. These workshops would
utiliu our mobile studio technology in coordination with the officx of Jeffrey Morton
Architect. The workshops are held over multiple days and give the project team the ability to
facilitate meetings, complete field work, conduct interviews and coordinate with staff. We are
proposing two (2) workshops. Workshop #1 will act as akick-off event and provide the loam
with time to conduct site assessments, focus groups and interviews. Workshop #2 includes a
community meeting as well as Steering Committee and staff coordination. This second
workshop is focused on a broader discussion of the existing conditions, market dynamics and
potential opportunities. (See Attachment A.)
PART 1-LEARNING
Part I includes the overall review and understanding of the existing conditions of the district
and the larger context in which it exists. This includes identification and analysis of the
physical characteristics of downtown, the warehouse and related areas as well as the market
place, economic and financial considerations of the area. The completion of Part I includes a
30-day review period (anticipated in August 2008) to allow staff, committee members and
other stakeholders to review findings and results.
Task 1-Assessment
We conduct a general analysis and assessment of the district study area, its physical and
environmental characteristics (using data and information that is readily available and/or
provided by the client) as wall as rtr+eet, parking, access and circulation conditions. We review
the results of the parking study that is being completed and identify major building and
redevelopment opportuniries.
Kick Off Meeting. The Project Team meets with City staff and the Warehouse Blearing
Committee to begin the project. The purpose of this meeting is to establish expectations, roles
and milestones for the Project, and to introduce the Project Team and the Project approach to
urban design. During this meeting we identify key stakeholders to engage during the process.
Data Gathering and Analysis. We supplement our existing mapping and data with a survey of
additional information. The team collects and analyzes the data and presents it to the Client,
Warehouse Steering Committee and the general public. Analysis of existing conditions:
CUNINGHAM
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physical -land use, open space, etc.; policy; social, demographic, historical and cultural;
environmental; transportation and traffic and general market.
Workshop ~1. A rrwlti-day workshop early in the process is facilitated to listen to issues and
ideas as well as communicate the project schedule, scope and anticipated outcomes. The
workshop concludes with a Steering Committee meeting.
Focus Groups. The architect facilitates and hosts a series of Focus Croups with various
stakeholders (owners, businesses, developers, city officials, county officials, neighborhood
representatives, etc.) in order to learn first hand current issues and concerns. The information
is used to help identify overall direction and atntegy. We are proposing to supplement our
data gathering efforts with facilitation of local stakeholders (businesses, operators, developens,
etc.) in Focus Group meetings.
Technical Review Panel. The Panel meets and reviews the results and findings of Part I and
provide feedback/comment to the project team.
Key Activities: Summary review of plans and projects; existing site conditions;
environmental review; building conditions; and traffichransportation conditions.
Deliverables: Summary of existing conditions analysis and supporting graphics.
Meetings: City Staff, Steering Committer, Community Meeting, Focus Groups
Task 2 -Real Estate Dynamics
Working with our local team member Jeffrey Morton Architect, we prepare a general
overview of the physical assets and characteristics of the district to include major buildings,
streets, lots and blocks, as well as a general "snapshot" of building renovation and
construction costs, which provides a background for the eventual plan and recommendations.
This includes photo and graphic documentation snd highlights potential development
opportunities and uses. And important component of this task is to consider how the larger
context of the district potentially is likely to influence future decisions and investment.
Key Activities: Review of physical and market conditions; building analysis; identify
summary costs; review market relationships; and summarize constraints and opportunities.
Deliverables: Summary of analysis, costs and opportunities; graphic and photo
documentation
Meetings: City Staff, Steering Committee, Community Meeting
Talc 3 Economic Opportunides
A key task is to deternune the likely financial and market feasibility of new investment in the
district and how these investments are defined, how they may be funded and what are the
potential returns.
CUNINGNAM
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4
DowntownJWarehouse District Market Context C U N I N G H A M
We develop a demographic and market context for the warehouse district, focusing on a R o u r
demographic and real estate factors that impact supply and demand. Work efforts include:
• Review of downtown/warehouse district planning and economic development efforts,
identifying visitor attractions, day-time employment base, resident population change,
hotel room demand, infrastructure improvements, and related factors.
• Assessment of regional population and income change for the Dubuque region.
Assessments note changes in population and income, as well as lifestyle segments. The
lifestyle segmentation approach is used to identify demand potentials for urban/warehouse
district housing demand.
• Identification of key real estate market drivers for residential, office, retaiU entertainment,
hospitality, and related markets. The approach evaluates recent competitive projects,
development timing, pricing/rents, amenities, absorption trends, and related financial
drivers.
• Develop a series of relevant and comparable downtown project case studies. These
comparables are used to put the proposed project into perspective, in terms of public
infrastructure requirements, public and private investment commitments/ incentives, and
return on public investment. We typically prepare between 3-S case studies.
Financial Assessment
We develop a financial analysis for the proposed project, to ascertain the likely feasibility of
its public and private elements. The following efforts are included:
Project Components. Assess key elements of this project, which could include:
• Potential roles of the public and private sector.
• Mix of residential, office, hotel, retail and entertainment uses.
• Provision/availability/cost of project specific convenient parking.
• Proximity/access/pedestrian linkage to other downtown amenities.
• Market input regarding likely anchor tenant expcctations, pre-leasing efforts, and target
markets.
• Overall developer approach -Anticipated holding period and expected rates of return in
rolation to national benchmarks (Korpacz Real Estate Investment Surveys).
Development Timing. Current assumptions for development timing are assessed for their
reasonableness, and considered in relation to analysis of physical/structunaV infrastructure
issues that may impact development.
Unit Mix and Absorption. Assessment of underlying assumptions regarding absorption of
retail space, residential units, office space, parking, and other real estate. Specifics in terms of
square feet of spacx, number of residential units, and related property specific variables are
collected, if available.
Income Assumptions. For rental space (retail, office, apartment), lease rates are evaluated with
respect to current market benchmarks. For fee simple property sales (primarily
condominiums) we exanrine price points and amenities, in perspective with regional market
expectations. Developer expectations for revenue growth, lease escalations, and related drivers
of income will be assessed. Implications for parking revenue are considered. Developer
consideration of outright sales of land or buildings to other developers are evaluated as to
likely implications.
CUNINGNAM
Operating Expenses. Using national standards developed by the Building Owners and ~ ~ o u r
Managers Association (BONA), the Institute of Real Estate Management (IItF.M), the Urban
Land Institute (ULn, local data sources (interviews with developers), and related in-house
sources, preliminary operating expenses on aper-square foot basis are developed. The unit of
comparison (gross versus net square feet) depends on data availability.
Development Costs. We work with the project team/client, and apply in-house resources to
ascertain development cost implications associated with the project. Related unit construction
cost factors are compared with US benchmarks, as reported in ULI publications/successful
project case studies. To the extent that relevant comparisons can be drawn from cost
estimating approaches such as Means, this approach can be used as well; we supplement this
information with local knowledge of construction and delivery costs.
Infrastructure Requirements. Working with the project team and city, current cost factors
associated with infrastructure requirements for the redevelopment area are developed.
Key Activities: Evaluation and economic determination of district potential by understanding
market place opportunities, relative costs, feasibility, and program mix.
Deliverables: Economic Memorandum #1 summarizing the analysis of the real estate and
economic context (including proposed program, its assumptions, end initial expectations for
project phasing)
Meetings: City Staff, Steering Committee
PART II -DECIDING
At the conclusion of Part I -Learning, we facilitate a Steering Committee Workshop to
summariu the findings of Part I, confirm desired direction and kick off Part II. This part of
the scope focuses on preparing the Master plan, Action Plan and required deliverables.
Task 4 - Finandng
Using local sources and the Focus Groups as a resource, we identify potential lenders,
programs, funding sources for public improvements, gap financing as well as potential
partnerships.
Project Financing Options. As the program evolves, we explore financing options for the
project. Implications associated with each option are explored in the project financial analysis,
which follows below.
Fiscal Impacts. The approach estimates public sector financial ir~acts generated by the
redevelopment, including sake /property taxes, and other benefits.
Analysis. We construct a discounted cash flow using Microsoft Excel to model the
aforementioned revenue and expense inputs, with the output being anticipated developer
returns on private investment ss well as public returns on investment, based on noted
conclusions from the fiscal impact review. We anticipate working closely with city financial
staff to discuss, identify and define key assumptions and aspects of the discounted cash flow
model.
Key Activities: I~ntify local lending markets and climate; identify financial incxntives and
potential funding interest; identify gap financing that may be noeded; and identify
opportunities for public/private partnerships.
Deliverables: Economic Memorandum tk2 summarising the public and private sector
feasibility of the project, identifying a likely sustainable level of private investment based on
noted assumptions. For the public side, the assessment yields an estimation of likely incentive
requirements, as well as offsetting economic benefits.
Meetings: City Staff, Stcering Committee
Task S -Community Involvement Process
Our participation process is community-based meaning we work towards identifying a variety
of ways to include interested stakeholders. Overall our process includes two workshops
(multi-day work sessions) three (3) Community Meetings, a number of Focus Group meetings,
Warehouse Steering Committee meetings and coordination with City Staff at key points in the
process. We depend on assistance from the City with regards to selecting participants and
advertising public and steering committee meetings and arranging for convenient, accessible
venues.
Workshop I12. The second workshop focuses on presenting a general summary of Part I
economic assumptions/strategies and on the general approach to the master plan. Workshop
concludes with a community presentation.
Focus Groups. The architect organizes and hosts a series of Focus Groups with various
stakeholders (owners, businesses, developers, city officials, county officials, neighborhood
representatives, etc.) to review the draft Master Plan.
Key Activities: Community facilitation using a variety of meeting formats to directly involve
all stakeholders in the community.
Deliverables: Summary of meeting notes
Meetings: City Staff, Steering Committce, Focus Groups, Community Mcetings
Task 6 - Warehouse District Master Plan
We work with the City and Steering Comrittee to select a preferred approach and to identify
infrastructure cost estimates, fu'-ancing options and profemed phasing scenarios. We also
prepare an implementation matrix and work program detailing responsibilities and likely
sources. The final product consists of a Master Plan Report and related appendices. The team
issues both a draft and final version of these documents for review.
The Master Plan contains:
• Dlustrative Master Plan Drawing
• Framework Diagram of proposed land uses and summary of development data
• Framework Diagram of proposed streets and circulation
• Framework Diagram of parking strategies
• Framework Diagram of proposed public realm (open spaces and parks)
• Section drawings for proposed street modifications
CUNINGHAM
6 a o u r
• Perspective drawings showing the intended character and image of specific areas of
redevelopment
• Implementation Strategy including Cost Estimates and Phasing Plan
A draft final report is delivered to the client one month following the final presentation.
The final report is an 8.5" x 11"report (and PDF for web distribution and multiple printing).
Technical Review Panel. The Panel meets and reviews the draft Master Plan and provides
feedback/comment to the project team.
Community Presentation. The final public meeting focuses on presenting the Master Plan in a
community meeting; this may be held concurrent with a City Council or Plan Commission
meeting.
Key Activities: Master Plan Report, Elements, Cost Estimates, Phasing and Implementation
Deliverables: Master Plan Report
Meetings: City Staff, Steering Committee and Community Meeting
Task 7 -Warehouse District Action Plan
Based on the Master Plan strategies and recommendations we prepare an Action Plan that
identifies next steps over short, medium and long range periods. This includes overall
financing options, strategies to attract new investment and steps to market and attract
sustainable growth and development.
• Identify and prioritize next steps
• Identify financing incentives, strategies and tools
• Identify strategies to attract development
• Develop a market strategy to attract and grow the support that will be critical for the
success of the Warehouse District
• Outline a plan for marketing to strategic public and private partners
Key Activities: Summary of next steps and strategies
Deliverables: Summary notes from each meeting
Meetings: Staff meetings, Steering Committee meetings
Task 8 -Deliverables
Shortly after Community Presentation, the team completes the final deliverables. We propose
the following deliverables:
• Economic Models (Excel Spreadsheets).
• List of potential Financial Incentives and Opportunities, including contacts.
• Master Plan and Executive Summary documents.
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EDA Progress Reportin;
Progress Report will be prepared addressing the scope of work regarding chalknges, process ~ U ~ 1 NoG uA M
in cornpkting the scope and key elements that can be replicated.
• Mid-Point Progress Report: Mid-Point Repent by December 2008
• Draft Progress Report: Draft Repat by June 2009
• Final Progress Report: Summary of completed project, challenges, scope and tasks by
August 2009.
PROJECT' TEAM
Michael Lamb will serve as Associate Principal-in-Charge; Mdrew Dresdner will serve as the
Project Manager and will lead the master planning process, coordinate the consulting team and
provide primary client contact. Included as an integral pact of our team is the local architect
Jeffrey Morton, AIA, and Economics Research Associates for market and financial tasks.
One Hundred Forty-Nine Thousand and Five Hundred Dollars {5149,500)
SCHEDULE
We prepared to begin work when authorized by the client. A generalized project schedule is
included as Attachment B; a more detailed schedule will be coordinated upon receipt of a
notice to proceed.
REIlNBURSABI.FS
Reimbursable expenses are included in the fee stated above.
ADDITIONAL SERVICES
Services you may request such as physical models, 3-D computer modeling, additional
drawings or any renderings, any engineering or special consultants, or other special services
not included in the above scope of work shall be invoiced at the standard hourly rates or at
1.1 S times the direct cost of consultant's charges to Architect. In addition, any changes in the
scope will also be billed at an howly rate. Hourly rates will be per Architect's current Hourly
Rates, Attachment C. Additional servicxs will be performed only upon your written
authorization.
lUivOICIIVG
Billings will be issued at 30-day intervals. Paynxnt is due and payable upon invoice receipt.
Interest of 1.096 per month will be due on the unpaid balance beginning 20 days after invoice
date.
Except as to the scope provision of Article 2, and except as otherwise modified herein, the
terms and conditions of AIA Document B 151, Abbreviated Standard Form of Agreement
Between Owner and Architect, 1997 edition (copy attached) where Client acts as Owner for
purposes of the Agreement, shall apply to all services provided under this Proposal and
Agreement.
This Proposal and Agreement shall be interpreted and enforced under the laws of the State of
Minnesota.
With your signature below you are indicating your acceptance of the understandings, tenors
and conditions of this Proposal and Agreement. This Proposal and Agreement may be
terminated by either party upon seven (7) days written notice should either party fail to
perfonm substantially in accordance with its tenors. Failure of Client to make payments to
Architect within 20 days of invoice date shall be considered substantial non-performance and
cause for suspension or termination of Architect's services.
If this Proposal and Agreement meets with your approval, please sign both copies and return
one copy for our records and we will begin the work.
Thank you again for this opportunity. We look forward to working with you on the Dubuque
Warehouse District Master Plan.
Sincerely,
GROUP ARCHITECTURE, P.A.
1C
Director, Urban Design Studio
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CITY OF DUBUQUE
Roy D. Buol
Mayor
Date:
CUMNGHAM GROUP ARCHITECTURE, P.A.
Ingham, FAIR, LEER --~
Principal
Date: `d ` Z 3'0
ML/bml
Attachments: A, B, C, AIA Document B 151
CITY OF DUBUQUE
Jeanne Schneider
City Clerk
Date:
to
CUNINGHAM
a ^ o u r
Between Owner and Architect, 1997 edition (copy attached) where Client acts as Owner for
purposes of the Agreement, shall apply to all services provided under this Proposal and
Agreement.
This Proposal and Agreement shall be interpreted and enforced under the laws of the State of
Minnesota.
With your signature below you are indicating your acceptance of the understandings, terms
and conditions of this Proposal and Agreement. This Proposal and Agreement may be
terminated by either party upon seven (7) days written notice should either party fail to
perform substantially in accordance with its terms. Failure of Client to make payments to
Architect within 20 days of invoice date shall be considered substantial non-performance and
cause for suspension or termination of Architect's services.
If this Proposal and Agreement meets with your approval, please sign both copies and return
one copy for our records and we will begin the work.
Thank you again for this opportunity. We look forward to working with you on the Dubuque
Warehouse District Master Plan.
Sincerely,
CUNINGHAM GROUP ARTITTETURE
Attachment A
.Sample Workshop Schedule
Workshop # 1
Day 1:
AM Staff Meeting
Site Tour/Photography
PM Interviews and Focus Groups
Staff Coordination
Eve. Steering Committee "kick off' Meeting
Day 2:
AM Interviews
Focus Groups
PM Team Work Session
Staff Coordination
Eve. Team Work Session
Day 3:
AM Additional Interviews (as needed)
Team Work Session
PM Team Work Session
Staff Coordination
Eve. Steering Committee
Workshop #2
Day 1:
AM Staff Coordination
Team Work Session
PM Follow-up Interviews
Team Work Session
Eve. Steering Committee Meeting
Day 2:
AM Team Work Session
PM Team Work Session
Eve. Team Work Session
Day 3:
AM Staff Coordination
Team Work Session
PM Prepare for Community Meeting
Eve. Community Meeting
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Attachment C
Cuningham Group Hourly Rates ~~ ~'
*Hourly rafes are subject to change on a yearly basis. C U N I N G H A M
G R O U P
2008 Hourly Rates
Description Rate Cu~angt,cara~ gaup
Administrative Assistant
$50.00 as pretud eo eettbtate
4L3 yea~~ in 217os
Administrative Coordinator $90.00 to $135.00
Administrative Coordinator -Information Systems $135.00
Administrator $50.00 to $95.00
Administrator -Information Systems $50.00 to $95.00
Administrator -Specification Writer $85.00
Computer Graphics Specialist 1 $70.00 to $90.00
Computer Graphics Specialist 2 $90.00 to $100.00
Computer Graphics Specialist 3
Contract Worker Cuningham Group
Architecture, P.A.
Designer 1 $65.00 to $95.00
Designer 2 $80.00 to $120.00 St. Anthony Main
Designer 3 $105.00 to $155.00 201 Main Street SE
Designer 4 $130.00 to $160.00 Suite 325
Education Design Planner $130.00 to $150.00 Minneapolis, MN
55414
Interior Designer 1 $60.00 to $70.00
Interior Designer 2 $75.00 to $80.00 Tel: 612 379 3400
Interior Designer 3 $90.00 to $105.00 Fax: 612 3794400
Interior Designer 4 $115.00 to $130.00
Interior Designer 5 www.cuningham.com
Principal $160.00 to $220.00
Project Coordinator $130.00 to $205.00
Project Manager
Registered Architect 1 $90.00 to $105.00
Registered Architect 2 $110.00 to $140.00
Registered Architect 3 $130.00 to $210.00
Registered Architect 4 $135.00 to $180.00
Registered Landscape Architect
Senior Principal $215.00
Senior Project Manager $150.00 to $160.00
Specifications Writer 1 $110.00
Specifications Writer 2 John W. Cuningham, FAIA
Technician 1 $60.00 to $80.00 John Quiter, AIA
Thomas L. Hoskens, AIA
Technician 2 $75.00 t0 $100.00 Douglas A. Lowe, AIA
Technician 3 $90.00 to $130.00 John W. Culligan, AIA
Technician 4 $1 10.00 t0 $125.00 Timothy Dufault, AIA
Jack Highwart, AIA
Roger W. Kipp, AIA
Margaret 5. Parsons, AIA
John G. Pfluger, AIA
James 5. scheidel, AIA
David M. Solner, AIA
Brian Tempas, AIA
Kathryn M. Wallace, AIA
Jonathan V. Watts, AIA
AIA Document B151~' - 1997
Abbreviated Standard Form of Agreement Between Owner and
Architect
AGREEMENT made effective as of the day of _ in the year
(In words, indicate day, month and year)
BETWEEN the Architect's client identified as the Owner:
(Name, address and other information)
[Delete this bracket -information only. Official name of entity including "Inc "
"LLC", "P.A.", etc., as aunrouriate.l
and the Architect:
(Name, address and other information)
Cunin m Group Architccture.P.A.
201 Main Street SE
Suite 325
Minneauolis, MN X5414
Telephone Number: 612-379-3400
Fax' Number: 612-379-4-400
For the following Project:
(Include detailed description of Project)
[Delete this bracket -information only. Include tune location program overview
site requirements, services and nroiect phases (i.e.: SD, DD, CD B/N CA etc 1 to be
included as well as anv unusual or suecial features or services included - may be an
Exhibit to the Agreement.l
The Owner and Architect agree as follows.
ARTICLE 1 ARCHITECT'S RESPONSIBILITIES
§ 1.1 The services performed by the Architect, Architect's employees and Architect's
consultants shall be as enumerated in Articles 2, 3 and 12.
§ 1.2 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 may be adjusted as the Project proceeds. This schedule shall include
allowances for periods of time required for the Owner's review and for approval of
submissions by authorities having jurisdiction over the Project. Time limits established
by this schedule approved by the Owner shall not, except for reasonable cause, be
exceeded by the Architect or Owner.
§ 1.3 The Architect shall designate a representative authorized to act on behalf of the
Architect with respect to the Project.
.ADDITIONS AND-::DELETIONS:
The author of this document
has; added information
ttneeded for Sts'completion.
The author tnaylalso have
;revised the text of the
`orig2nal~°AIA ~andard form
An Additions and Deletions-
Report that notes added
information as `well as
revis~.ons to the standard
form text is available from
the author and should be
reviewed.
This document°has important,
legal consequences.
Consultation with an
attorney 's.,encouraged'`with
respect to its completion
or modification'.
ELECTRONIC COPYING of any
portion of this AIA Document
to another electronic file is
prohibited and constitutes a
violation of copyright laws
as set forth in the footer of
this document.
AIA Document 8151° - 1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.
WARNING: This AIA Document ie protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
Chia AIA' Document, or any portion of it, may result Sn savers civil and criminal penalties, and will be prosecuted to the maximum 1
extent poaeibla under the law. This draft was produced by AIA software at 10:37:42 on 03/11/2004 under Order No.1000097582 1 which
expires on 2/9/2005, and is not for resale. -
IIaer Notes:
(2700265054)
§ 1.4 The services covered by this Agreement are subject to the time limitations contained in Section 11.5.1.
ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 2.1 DEFINITION
The Architect's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services
identified in Article 12 as part of Basic Services, and include normal structural, mechanicaLl and electrical
engineering services. (Delete this bracket -information only. Modify to suit oroiect renuirements.l
§ 2.2 SCHEMATIC DESIGN PHASE
§ 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project
and shall arrive at a mutual understanding of such requirements with the Owner.
§ 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction
budget requirements, each in terms of the other, subject to the limitations set forth in Section 5:2.1.
§ 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project.
§ 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect
shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings":and other documents
illustrating the scale and relationship of Project components.
§ 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area,
volume or similar conceptual estimating techniques.
§ 2.3 DESIGN DEVELOPMENT PHASE
§ 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the
program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design
Development Documents consisting of drawings and other documents to fix and describe the size and character of
the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as
may be appropriate.
§ 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost.
§ 2.4 CONSTRUCTION DOCUMENTS PHASE
§ 2.4.1 Based on the approved Design Development Documents and any further adjustments in the-scope or quality
of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the
Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements
for the construction of the Project.
§ 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms,
the Conditions of the Contract, and the form of Agreement between the Owner and Contractor.'
§ 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction
Cost indicated by changes in requirements or general market conditions. - -
§ 2.4.4 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.
§ 2.5 BIDDING OR NEGOTIATION PHASE
The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate
of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and
preparing contracts for construction.
AIA Document 8151"' - 1997. Copyright m 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.
WARNING: This AIA Document Sa protected by V.S. Copyright Law and 2nternational Tzeatiea. Unauthorized reproduction or distribution of
this AIA' Document, oz any portion of SC, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This draft was produced by AIA software at 10:37:42 on 03/11/2004 under Order No.1000097582 1 which
expires on 2/9/2005, and is not for resale.
Vaer Notes:
(2700265054)
§ 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT
§ 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement
commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the
Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work.
§ 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the
edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this
Agreement, unless otherwise provided in 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.
§ 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Section 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.
§ 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the
administration of the Contract for Construction. 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.
§ 2.6.5 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 12, (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.
§ 2.6.6 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.
§ 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation,hr progress.
§ 2.6.8 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.
§ 2.6.9 CERTIFICATES FOR PAYMENT -
§ 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
§ 2.6.9.2 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 2.6.5 and on the data comprising the Contractor's
Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's
knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The
foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents
upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations
from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect."
~nP~PtP tFIIC f1F'A /`~CPt - 171fA F'MA*7nn l177~V RPVICP ac annrnnri7*P . i a • Ttin S rn}~i+nn+~c nnrtifin.~tinn of rnvmnn4
AIA Documeat 8151° - 1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.
WARNING: This AIA' Document Sa protected by U.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA' Document, or any portion of it, may zeault in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This draft was produced by AIA software at 10:37:42 on 03/11/2004 under Order No.1000097582_1 which
expires on 2/9/2005, and is not for resale.
IIaer Notes:
(2700265054)
shall be based on the limited site visits as stipulated in Article 12, along with substantiatinE photographic data
provided by the Contractor, and submitted with the Contractor's Application for Pavment.l
§ 2.6.9.3 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 previouslypaid on account of
the Contract Sum.
§ 2.6.10 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 shall have authority to require inspection
or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is
fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith
either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities
performing portions of the Work.
§ 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's subrmittals
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 pernut 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 compotlent.
§ 2.6.12 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.
§ 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting
documentation and data if deemed necessary by the Architect as provided in Sections 3.1.1 and 3.3.3, for the
Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in
the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are
consistent with the intent of the Contract Documents.
§ 2.6.14 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.
§ 2.6.15 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 fl
response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable
promptness.
§ 2.6.16 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
AIA Document 8151"' - 1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.
WARNING: This AIA' Document is protected by U. S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
Chia AIA Document, or any portion of St, may result in severe civil and criminal penalties, and will be prosecuted Co the maximum
extent. possible under the law. This draft was produced by AIA software at 10:37:42 on 03/11/2004 under Order No. 1000097582 1 which
expires on 2/9/2005, and is not for resale.
IIeer Notes:
(2700265054)
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 results of interpretations or decisions so rendered in
good faith.
§ 2.6.17 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.
§ 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and
Contractor, except for those relating to aesthetic effect as provided in Section 2.6.17, shall be subject to mediation
and arbitration as provided in this Agreement and in the Contract Documents.
ARTICLE 3 ADDITIONAL SERVICES
§ 3.1 GENERAL
§ 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12,
and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic
Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed' in
writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to
circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such
services. If the Owner deems that such services described under Section 3.3 are not required, the Owner shall'give
prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent
Additional Services are not required, the Architect shall have no obligation to provide those services.
§ 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
§ 3.2.1 If more extensive representation at the site than is described in Section 2.6.5 is required, the Architect shall
provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. _
§ 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the .Architect shad be
compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and iimitatipns of authority
of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this
Agreement, unless otherwise agreed.
§ 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide...
further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project
representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in
this Agreement.
§ 3.3 CONTINGENT ADDITIONAL SERVICES
§ 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are:
.1 inconsistent with approvals or instructions previously given by the Owner, including revisions made
necessary by adjustments in the Owner's program or Project budget;
.2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of
such documents; or
.3 due to changes required as a result of the Owner's failure to render decisions in a timely manner.
§ 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size,
quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for-eonstruction,
except for services required under Section 5.2.5.
§ 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's
proposals, and providing other services in connection with Change Orders and Constructior} Change Directives.
§ 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making
subsequent revisions to Drawings, Specifications and other documentation resulting therefrom.'
§ 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause. during-:construction,
and furnishing services required in connection with the replacement of such Work.
AIA Document 8151° - 1997. Copyright ° 1974, 1978, 1987 sad 1997 by The American Institute of Architects. All rights reserved.
WARNING: This AIA' Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum 5
extent possible under the law. This draft was produced by AIA software at 10:37:42 on 03/11/2004 under Order No.1000097582 1 which
expires on 2/9/2005, and is not for resale.
Veer Notes:
(2700265054)
§ 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the
Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for
Construction.
§ 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in
connection with the Work.
§ 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding
except where the Architect is party thereto °'°
§ 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with
bidding, negotiation or construction prior to the completion of the Construction Documents' Phase.
§ 3.4 OPTIONAL ADDITIONAL SERVICES
§ 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project.
§ 3.4.2 Providing financial feasibility or other special studies.
§ 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites.
§ 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental
authorities or others having jurisdiction over the Project.
§ 3.4.5 Providing services relative to future facilities, systems and equipment.
§ 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
§ 3.4.7 Providing services to verify the accuracy of drawings or other information furnished. by the Owner.
§ 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and
coordination of services required in connection with construction performed and equipment supplied by he Owner.
§ 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by
the Owner.
§ 3.4.10 Providing detailed-estimates of Construction Cost.
§ 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor.
§ 3.4.12 Providing analyses of owning and operating costs.
§ 3.4.13 Providing interior design and other similar services required for or in connection with the selection,
procurement or installation of furniture, furnishings and related equipment.
§ 3.4.14 Providing services for planning tenant or rental spaces.
§ 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of
existing facilities.
§ 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during
construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect.
§ 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing,
preparation of operation and maintenance manuals, training personnel for operation and maintenance, and
consultation during operation. __
AZA Document H151"' - 1997. Copyright ® 1979, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.
WARNING: This AIA Document ie protected by U.B. Copyright Law and Inteznatlonal Treaties. Unauthorized reproduction or diatrlbution of
this AIA Document, or any portion of 1t, may result in severe civil and criminal penalties, and will be prosecuted Co the maximum
extent possible under the law. This draft was produced by AIA software at 10:37:42 on 03/11/2004 under Order No.1000097582 1 which
expires on 2/9/2005, and is not for resale.
IIser Notes:
(2700265054)
§ 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a
final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work.
§ 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical
engineering portions of the Project provided as a part of Basic Services. (Delete this bracket -information only.
Modifv to suit uroiect reguirements.l
§ 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
ARTICLE 4 OWNER'S RESPONSIBILITIES
§ 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the
Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria,
including space requirements and relationships, flexibility, expandability, special equipment, s}~stems and site
requirements. 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.
§ 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction
Cost, the Owner's other costs and reasonable contingencies related to all of these costs.
§ 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project.
The Owner or such 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.
§ 4.4 The Owner shall famish 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.
§ 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the
Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing
values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity.-tests, :including
necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations.
§ 4.6 The Owner shall furnish the services of consultants other than those designated in Sectiom4.5 when such
services are requested by the Architect and are reasonably required by the scope of the Project.'
§ 4.7 The Owner shall famish structural, mechanical, and chemical tests; tests for air and waterpollution; tests for
hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the
Contract Documents.
§ 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the
Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner-may require
to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used
the money paid by or on behalf of the Owner.
§ 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the
Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof.
§ 4.10 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.
AIA Docent 8151° - 1997. Copyright m 1974, 1978, 1987 end 1997 by The American Institute of Architects. All rights reserved.
WARNING: This AIA' Document Sa protected by U. S. Copyright Law and International Treatise. Unauthorized reproduction or distribution of
this AIA Document, or any portion of it, may result in severe civil end criminal penalties, and will be prosecuted to the maximum
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expires on 2/9/2005, and ie not for resale.
Uear Notes:
(2700265054)
ARTICLE 5 CONSTRUCTION COST
§ 5.1 DEFINITION
§ 5.1.1 The Construction Cost 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.
§ 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the
Owner and equipment designed, specified, selected or specially 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.
§ 5.1.3 Construction Cost 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 as provided in
Article 4.
§ 5.2 RESPONSIBILITY FOR CONSTRUCTION COST
§ 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed'
estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a desi
professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the
Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid
prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does
not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget orfrom any
estimate of Construction Cost or evaluation prepared or agreed to by the Architect.
§ 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing,
proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in a separate writing,and
signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include
contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems
and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope
of the Project and to include in the Contract Documents alternate bids as may be necessary 20 adjust the
Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of`an increase in the
Contract Sum occurring after execution of the Contract for Construction.
§ 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the
Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to
reflect changes in the general level of prices in the construction industry.
§ 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the lowest bona
fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed limit;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Section 8.5; or
.4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost.
§ 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall
modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the
fixed limit, if established as a condition of this Agreement. The modification of such documents withouteost to the
Owner shall be the limit of the Architect's responsibility under this Section 5.2.5. The Architect. shall be entitled to
compensation in accordance with this Agreement for all services performed whether or not the Construction Pfiase's
commenced.
ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
§ 6.1 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.
AIA Document 8151"' - 1997. Copyright ® 1974, 1978, 1987 sad 1997 by The American Institute of Architects. All rights reserved.
WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or dletzibuClon of
this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted Co the maximum 8
extent possible under the law. This draft was produced by AIA software at 10:37:42 on 03/11/2004 under Order No.1000097582_1 which
expires on 2/9/2005, and is not for resale.
IIeer Notes:
(2700265054)
§ 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the
Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided
that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this
Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with
this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license.
Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and
shall return to the Architect within seven days of termination all originals and reproductions in the Owner's
possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing
license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to
authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make
changes, corrections or additions to the Instruments of Service solely for purposes of completing, using-and-
maintaining the Project.
§ 6.3 Except for the licenses granted in Section 6.2, no other license or right shall be deemed granted or implied
under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise`transfer any license
granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be
permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment supplier's to
reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work
by license granted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory
requirements or for similar purposes in connection with the Project is not to be construed a publication i~t
derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the
Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner
obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the
Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
consultants.
§ 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner
providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and he
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.
ARTICLE 7 DISPUTE RESOLUTION
§ 7.1 MEDIATION
§ 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by=either party.
If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in
accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of"the matter by
mediation or by arbitration.
§ 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between
them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction
Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be
filed in writing with the other party to this Agreement and with the American Arbitration Association. The request
maybe made concurrently with the filing of a demand for arbitration but, in such event, mediation shallproceed in
advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60
days from the date of filing, unless stayed for a longer period by agreement of the parties or court order-
§ 7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
be enforceable as settlement agreements in any court having jurisdiction thereof.
§ 7.2 ARBITRATION AND LITIGATION
§ 7.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
arbitration or other legal or equitable proceedings in accordance with Subparagraph 7.2.2 throuygh 7.2.6. ' Prior°to and ~`
as a condition precedent to arbitration or other adjudicative dispute resolution, the parties shall-.endeavor to resolve...
disputes by mediation in accordance with Section 7.1.
AIA Documeat 8151"' - 1997. Copyright ° 1974, 1978, 1987 sad 1997 by The American Institute of Architects. All rights reserved.
WARNING: This AIA' Document is protected by U. S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA' Document, or any portion of it, may result 1n severe civil and criminal penalties, and will be prosecuted Co the maximum
extent possible under the law. This draft was produced by AIA software at 10:37:42 on 03/11/2004 under Order No.3000097582 1 which
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IIaer Notes:
(2700265054)
§ 7.2.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation and
which do not aggregate exceed seventy-five thousand dollars ($75,000) in total value 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.
§ 7.2.3 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.
§ 7.2.4 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.
§ 7.2.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment maybe entered-upon it in
accordance with applicable law in any court having jurisdiction thereof.
§ 7.2.6 Claims, disputes or other matters in questions between the parties to this Agreement arising out of or relating
to this Agreement which in aggregate exceed more t~a~than seventy-five thousand dollars ($75,000) shall be
litigated in a court of competent jurisdiction venued in Minneapolis, Minnesota. The parties expressly waive their
right to a jury trial in any and all such proceedings.
§ 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out
of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages
due to either party's termination in accordance with Article 8.
:
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AIA Document B151"' - 1997. Copyright ° 1974, 1978, 1987 end 1997 by The American Institute of Architects. All rights reserved.
WARNING: Thls AIA' Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum 10
extent possible under the law. This draft was produced by AZA software at 10:37:42 on 03/11/2004 under Order No.1000097582 1 which
expires on 2/9/2005, and is not for resale.
User Notes:
(2700265054)
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ARTICLE 8 TERMINATION OR SUSPENSION
§ 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 the Owner for delay or damage caused the Owner because. of such suspension
of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses
incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining
services and the time schedules shall be equitably adjusted.
§ 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,, he 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. ,
§ 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.
§ 8.4 This Agreement maybe terminated by either party upon not less than seven days' written notice should the
other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party
initiating the termination.
§ 8.5 This Agreement maybe terminated by the Owner upon not less than seven days' written notice to the Architect
for the Owner's convenience and without cause.
§ 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 8.7. ~ - -- -
§ 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include _
reasonable expenses directly attributable to termination for which the Architect is not otherwise.compensated~s
ARTICLE 9 MISCELLANEOUS PROVISIONS
§ 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless
otherwise provided in Article 12.
§ 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A20I, General
Conditions of the Contract for Construction, current as of the date of this Agreement.
AZA Document H151"' - 1997. Copyright m 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.
WARNING: Thla AIA Document Se protected by U. S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to Che maximum 11
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IIaer Notes:
(2700265054)
§ 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to
have accrued and the applicable statutes of limitations shall 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 limitations commence to run any later than the date when the Architect's services are substantially
completed.
§ 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive
all rights against each other and against the contractors, consultants, agents and employees of the other for damages,
except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document
A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or
the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them
similar waivers in favor of the other parties enumerated herein.
§ 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to the partners, 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.
§ 9.6 This Agreement represents the entire and integrated agreement between the Owner and the. Architect and...
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Owner and Architect.
§ 9.7 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.
§ 9.8 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.
§ 9.9 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.
§ 9.10 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.
ARTICLE 10 PAYMENTS TO THE ARCHITECT
§ 10.1 DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged qn the Project and the
portion of the cost of their mandatory and customary contributions and benefits related thereto, such ~s employment
taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans
and similar contributions.
§ 10.2 REIMBURSABLE EXPENSES
§ 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional 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:
AIA Document H151° - 1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.
WARNING: This AIA' Document is protected by U. S. Copyright Law and international Treaties. Unauthorized reproduction or die tribution of 12
this AIA' Document, or any portion of it, may result 1n severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This draft was produced by AIA software at 10:37:42 on 03/11/2004 under Order No.1000097582 1 which
expires on 2/9/2005, and is not for resale.
IIeer Notes:
(270D266054)
.1 transportation in connection with the Project, authorized out-of--town travel and subsistence, and
electronic communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of
Service;
.4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner;
.5 renderings, models and mock-ups requested by the Owner;
.6 expense of professional liability insurance dedicated exclusively to this Project or the expense of
additional insurance coverage or limits requested by the Owner in excess of that'normally carried by
the Architect and the Architect's consultants;
.7 reimbursable expenses as designated in Article 12;
.8 other similar direct Project-related expenditures.
§ 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
§ 10.3.1 An initial payment as set forth in Section 11.1 is the minimum payment under this Agreement.
§ 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in
proportion to services performed within each phase of service, on the basis set forth in Section 11.2.2.
§ 10.3.3 If and to the extent that the time initially established in Section 11.5.1 of this Agreement is exceeded or
extended through no fault of the Architect, compensation for any services rendered during the additional perigd of
time shall be computed in the manner set forth in Section 11.3.2.
§ 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are
deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent
services are performed on those portions, in accordance with the schedule set forth in Section 11.2.2, based on O
the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent
preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project.
§ 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly
upon presentation of the Architect's statement of services rendered or expenses incurred. !'
§ 10.5 PAYMENTS WITHHELD
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.
§ 10.6 ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Additional Services and 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.
ARTICLE 11 BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
§ 11.1 An Initial Payment of ($ )shall be made upon execution of this Agreement and credited o the Owner's
account at final payment.
§ 11.2 BASIC COMPENSATION
§ 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic
Services, Basic Compensation shall be computed as follows:
(Insert basis of compensation, including stipulated sums, multiples or percentages, and ident~ phases to which
particular methods of compensation apply, if necessary.)
AIA Document B151° - 1997. Copyright ® 1974, 1978, 1987 sad 1997 by The American Institute of Architects. All rights reserved.
WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or die tribution of 13
Chia AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This draft was produced by AIA software at 10:37:42 on 03/11/2004 under Order No.1000097582_1 which
expires on 2/9/2005, and is not for resale.
IIeer Notes:
(2700265054)
§ 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for
Basic Services in each phase shall total the following percentages of the total Basic Compensation payable:
(Insert additional phases as appropriate.)
Schematic Design Phase: Fifteen percent ( 15 %)
Design Development Phase: Twenty percent ( 20 %)
Construction Documents Phase: Forty percent ( 40 %)
Bidding or Negotiation Phase: Five percent ( 5 %)
Construction Phase: Twen percent ( 20 %)
Tots] Basic Compensation One Hundred percent ( 100.00 %)
~ 1)elcti~ this bracket -information only. Adiust percentages as apuropriate.l
§ 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project
Representation, as described in Section 3.2, and (2) services included in Article 12 as part of Basic Services, but ""°'
excluding services of consultants, compensation shall be computed as follows: 1,.~.M.
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and
employees, and identify Principals and classy employees, if required. Identify specific services to which particular .,
methods of compensation apply, if necessary.)
-~
µcA~.l'1{lHVls 1.7 11a4ILLUCU:4p a
§ 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electr
engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Adc
Services, a multiple of one point one (1.10) times the amounts billed to the Architect for such services
(Ident~ specific types of consultants in Article 12, if required.)
§ 11.4 REIMBURSABLE EXPENSES
For Reimbursable Expenses, as described in Section 10.2, and any other items included in Article 12 as
Reimbursable Expenses, a multiple of one point one five (1.15} times the expenses incurred'by the Archi
Architect's employees and consultants directly related to the Project.
§ 11.5 ADDITIONAL PROVISIONS
§ 11.5.1 If the Basic Services covered by this Agreement have not been completed within ( `' ) n
date hereof, through no fault of the Architect, extension of the Architect's services beyond that time sh
compensated as provided in Sections 10.3.3 and 11.3.2.
oject
~1 ~~
..~~,
a the
s of the
§ 11.5.2 Payments are due and payable ~ ` a~.,~ as of from the date of the Architect's invoice. Amounts
unpaid the (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.
(Insert rate of interest agreed upon.)
(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.)
AIA Document 8151"' - 1997. Copyright ° 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.
WARNING: This AIA Document ie protected by U. S. Copyright Law and International Treaties. IInauthorized zeproduc tion or die Crlbution of 14
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IIaer Notes: (2700265054)
§ 11.3 COMPENSATION FOR ADDITIONAL SERVICES
§ 11.3.1 For Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be
§ 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal
salary review practices of the Architect.
Manager or Public during the construction process.
materials that are or may be found to exist at the existing Project site and facilities.
This Agreement entered into as of the day and year first written above.
OWNER
(Signature)
(Printed name and title)
AIA Document B151w - 1997. Copyright ® 1974, 1978, 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 Treatise. IInauthorized reproduction or dls tribution of 15
this AIA Document, or any portion of it, may result Sn severe civil and criminal penalties, and will ba prosecuted to Che maximum
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User Notes: (2700265054)
ARTICLE 12 OTHER CONDITIONS OR SERVICES
(Insert descriptions of other services, identify Additional Services included within Basic Compensation and
modifications to the payment and compensation terms included in this Agreement.)
~RCHITFCT