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Intermodal Transportation Campus Design Award TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Intermodal Transportation Campus Architect/Engineer Contract Award DATE: August 30, 2012 On March 19, 2012, the City Council authorized an RFQ for final design of the Intermodal Campus with several design and construction components. The components include a terminal building, parking facility, bus storage facility, and passenger rail platform and rail improvements; the components are in various stages of design. Some components currently do not have funding for design or construction, but are identified as add alternates to this contract. In the future should components receive funding, an amendment to the contact could be negotiated for the additional work without repeating the RFQ process. A nine member committee established ranking criteria and reviewed the RFQ's. The committee included: Chandra Ravada, ECIA David Solberg, Chair — Envision 2010 Rail Passenger Initiative David Heiar, Economic Development Director Barbara Morck, Transit Director Steve Sampson Brown, Engineering Project Manager Laura Carstens, Planning Services Manager Tim Horsfield, Parking System Supervisor Teri Goodmann, Assistant City Manager Bill Baum, GDDC Following interviews, Neumann Monson was the first choice of the committee for the following reasons: • Proposed a project team with intermodal experience that would address all aspects of the project, with a strong emphasis on rail connection. • Includes a local civil engineer (IIW) to be part of their team. • Have demonstrated ability to be flexible and meet tight time frames. • Demonstrated ability to scale projects to meet budgetary constraints. • Have already worked with Iowa SHPO, Region VII FTA, CN Railroad, CP Railroad, Amtrak, DOT, and ILDOT on the initial stages of this project. Neumann Monson Architects has extensive recent experience with parking structures and multi-modal facilities across Iowa. They are currently working with the cities of Ames and Coralville on their intermodal facilities. Based on the proposal review, contract review and negotiation, presentations, reference checks and consultant selection committee recommendation, Parking System Manager Tim Horsfield recommends award of the Final Design and Construction oversight of the Intermodal Campus contract to Neumann-Monson of Iowa City, IA. In October 2011, the City was awarded an $8 million FTA, State of Good Repair grant for the Intermodal project. The City committed a local match of $3.6 million toward this project. The contract for a consultant would be paid from these funding sources. The negotiated contract includes the following fees for design: Design of Terminal Building $279,818 Design of Parking Facility 397,172 Overall Project Management 30,000 TOTAL $706,993 I concur with the recommendation and respectfully request Mayor and City Council approval. / AAh kt1&1 Michael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager David Heiar, Economic Development Director Gus Psihoyos, City Engineer Tim Horsfield, Parking System Manager Jon Dienst, Civil Engineer Chandra Ravada, Director of Transportation East Central Intergovernmental Association Barbara Morck, Transit Manager 2 THE C D Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Tim Horsfield, Parking System Manager DATE: August 28, 2012 Dubuque All- America City II II 2012 RE: Intermodal Transportation Campus Architect /Engineer Contract Award INTRODUCTION The purpose of this memorandum is to seek City Council authorization to contract with Neumann Monson for the final design and for construction oversight of the Intermodal Transportation Campus, Phase I. BACKGROUND On March 19, 2012, the City Council authorized an RFQ for final design of the Intermodal Campus with several design and construction components. The components include a terminal building, parking facility, bus storage facility, and passenger rail platform and rail improvements; the components are in various stages of design. Some components currently do not have funding for design or construction, but are identified as add alternates to this contract. In the future should components receive funding, an amendment to the contact could be negotiated for the additional work without repeating the RFQ process. The City received four proposals in response to this RFQ from the following lead firms: Vedi Associates, Inc. Minneapolis, MN Straka Johnson Architects Dubuque, IA Neumann Monson Architects Iowa City, IA Legat Architects Moline, IL Each lead firm, proposed a team of other consultants with specific areas of expertise. A nine member committee established ranking criteria and reviewed the RFQ's. The committee included: Chandra Ravada, ECIA David Solberg, Chair — Envision 2010 Rail Passenger Initiative David Heiar, Economic Development Director Barbara Morck, Transit Director Steve Sampson Brown, Engineering Project Manager Laura Carstens, Planning Services Manager Tim Horsfield, Parking System Supervisor Teri Goodmann, Assistant City Manager Bill Baum. GDDC The local committee narrowed the field to three firms for interviews. These firms were Neumann Monson Architects (Iowa City), Legat Architects (Moline, IL) and Straka Johnson Architects (Dubuque). Following the interviews, Neumann Monson was the first choice of the committee for the following reasons: • Proposed a project team with intermodal experience that would address all aspects of the project, with a strong emphasis on rail connection. • Includes a local civil engineer (IIW) to be part of their team. • Have demonstrated ability to be flexible and meet tight time frames. • Demonstrated ability to scale projects to meet budgetary constraints. • Have already worked with Iowa SHPO, Region VII FTA, CN Railroad, CP Railroad, Amtrak, IDOT, and ILDOT on the initial stages of this project. Neumann Monson Architects has extensive recent experience with parking structures and multi -modal facilities across Iowa. They are currently working with the cities of Ames and Coralville on their intermodal facilities. DISCUSSION The proposed first phase of the Intermodal Transportation Campus will include a new terminal building and parking facility. During the conceptual design phase for the Intermodal Transportation Campus, Neumann - Monson, working with multiple stakeholders, planned to locate the terminal building east of Elm Street on current IDOT property between 9th and 11th Streets. The parking facility is planned to be on Cit owned land between Washington Street and Elm Street between 9th Street and 10 Street. The contract will include final design services for the intermodal transportation terminal, parking facility and related site work. The train platform and the bus storage facility are add alternates to this contract. City staff could request approval from the City Council to add these alternates when funding for these additional elements become available. PROJECT SCHEDULE Neumann - Monson has listed in their proposal a tentative start date for construction of March 2013. Completion of the campus would be approximately July 2014. These dates may shift depending on property acquisition from the Iowa Department of Transportation (IDOT). The proposed terminal location is on IDOT property east of Elm Street. Ninth, Eleventh and Elms Streets need to be converted to two -way streets before the Elm Street Connector (E911) can be removed. This project will be a multi - phased project where the parking structure will be constructed first, followed by the terminal building. 2 RECOMMENDATION Based on the proposal review, contract review and negotiation, presentations, reference checks and consultant selection committee recommendation, I recommend award of the Final Design and Construction oversight of the Intermodal Campus contract to Neumann - Monson of Iowa City, IA. BUDGETIMPACT In October 2011, the City was awarded an $8 million FTA, State of Good Repair grant for the Intermodal project. The City committed a local match of $3.6 million toward this project. The contract for a consultant would be paid from these funding sources. The negotiated contract includes the following fees for design: Design of Terminal Building $279,818 Design of Parking Facility 397,172 Overall Project Management 30,000 TOTAL $706,993 REQUESTED ACTION I respectfully request that the City Council approve the award of the Multi- phased Final Design and Construction oversight of the Intermodal Campus contract to Neumann - Monson of Iowa City, Iowa. cc: Jenny Larson, Budget Director Bob Green, Water Department Manager Don Vogt, Public Works Director David Heiar, Economic Development Director Phillip Wagner, Assistant Economic Development Director Jon Dienst, P.E., Engineering Department Barbara Morck, Transit Division Manager Steve Brown, Engineering Department Tim Schroeder. Neumann - Monson 3 RAIA Document I'm Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the 15th day of June in the year 2012 an woi cis, indicate day, month and year:) BETWEEN the Architect's client identified as the Owner: ADDITIONS AND DELETIONS: (Name, legal status, address and other Infotmiation) The author of this document has added information needed for its C it City of Dubuque completion. The author may also West 13a' St have revised the text of the original AIA standard form. An Additions and Dubuque, IA 52001 Deletions Report that notes added Information as well as revisions to the and the Architect: standard form text is available from (Name, legal status, address and other infotmtation) the author and should be reviewed. A vertical line In the left margin of this Neumann Monson PC document indicates where the author 221 E. College St, Ste. 303 has added necessary Information Iowa City, IA 52240 " and where the author has added to or for the following Project: deleted from the original AIA text. (Name, location and detailed description) This document has important legal consequences. Consultation with an City of Dubuque Y q attorney is encouraged with respect Intermodal Transportation Center to its completion or modification. Phase I and Phase 11 Architectural Design and Engineering Services The Owner and Architect agree as follows. AIA Document L i lu — 2007 tformerly 8181 TM' — 1967). Copyright ©1974, 1978, 1987. 1997 and 2007 by The American Institute of Architects. All rights lnit. reserve. WARNING: This AIA b Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of � this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 14:11:38 on 07106/2012 under Order No.0636296619 1 which expires on 09/18/2012, and Is not for resale. User Notes: (1802202229) TABLE OF ARTICLES INITIAL INFORMATION ARCHITECT'S RESPONSIBILITIES SCOPE OF ARCHITECT'S BASIC SERVICES ADDITIONAL SERVICES OWNER'S RESPONSIBILITIES COST OF THE WORK COPYRIGHTS AND LICENSES CLAIMS AND DISPUTES TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in Exhibit A and Exhibit B, initial Information: (Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Infonnation such as details of the Project's site and program, Oitne)-'s contractors atfd consultants, Architect's consultants, Owner's budget for the Cost of the Work, authorized representatives, anticipated procurement method, and other information relevant to the Project.) § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: March 2013 .2 Substantial Completion date: July 2014 § 1,3 The Owner and Architect may rely on the hiitial Information. /loth parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. Init. AIA Document 8101 TN - 2007 tformerly 8151 "' - 1997). Copyright ©1974, 1978,1987,1997 and 2007 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 2 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced byAlA sofhvare at 14:11:38 on 07/06/2012 under Order No.0636296619_t which expires on 09/18/2012, and is not for resale. User Notes: (1802202229) § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. (Identify types and limits of Insurance coverage, and other insurance requirements applicable to the Agreement, any.) (Paragraphs deleted)Per City's requirements as shown in attached Exhibit E. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and per the attached Exhibits and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth u1 this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement ofconstruction and for Substantial Completion of die Work as set forth in the Initial hformation. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall, at appropriate times, contact the govermnentaI authorities required to approve the Construction Documents and the entities providing utility services to the Project. 1n designing the Project, the Architect shall respond to applicable design requirements unposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.21 The Architect shall review the program and other information Rimished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. Inft. AIA Document B101T" — 2007 formerly B151'" — i997). Copyright a 1974, 1978,1987,1997 and 2007 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 ordistribution of this AiA° Document, or any portlon of it, may result In severe civil and criminal penaltios, and will be prosecuted to the maximum extent possible under r the law. This document was produced byAIA software at 14:11:38 on 0710612012 under Order No.0836296619_1 which expires on 09/1812012, and is not for resale. User Notes: (1802202229) § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other hnitial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the hifo>mation, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches.'1'he Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preluninary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. 'Die Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, hi developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 And as defined in the attached Exhibit B § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents per the attached Exhibit B for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. 'The Design Development Documents shall also include outline specifications tinat identify major materials and systems and establish in general their quality levels, § 3.3.2 The Architect shall update the estimate of the Cost of the Work. § 33.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in. the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor trait. AtA Document B101 n' — 2007 [formerly 61511" -- 1997). Copyright* 1974, 1978,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and Internal !on al Treaties. Unauthorized repro duction or distribution of 4 this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 14:11:38 on 07106/2012 under Order No.0636296619_1 which expires on 09!18(2012, and is not for resale. User Notes: (1802202229) will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner ht the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes die Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner hi establishing a list of prospective contractors. Following die Owner's approval of the Construction Documents, die Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any, and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2,1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; ,2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; .3 organizing and conducting a pre -bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders ui the form of addenda; and .5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. 3.5.3 NEGOTIATED PROPOSALS 3,5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents, 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by .1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating hi selection interviews with prospective contractors; and ,3 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5,3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. AIA Document 8101TB — 2007 formerly BMT" -� 1997). Copyright m 1974, 1978, 1987,1997 and 2007 by The American Institute of Architects. All rights Intl. reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and wilt be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 14:11:38 on 07108/2012 under Order No.0636296619_1 which expires on 09118(2012, and is not for resale. User Notes: (1802202229) § 3.6 CONSTRUCTION PHASE SERVICES § 3,6.1 GENERAL § 3.6.1.1 Tice Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201TK -2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201- -2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3,61.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs hi connection with the Work, nor shall the Architect 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 or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the fetal Certificate for Payment. § 3.6.2 EVALUATIONS OF THE WORK § 3.6,2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4,33, to become generally familiar Nvith the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed 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 snake exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, tine Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and ft om the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2,2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the 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. § 3,613 The Architect shall interpret and decide (natters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3,614 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and 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 rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3,615 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that terns is defined in AIA Document A201 -2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. AIA Document 8101 T" -- 2007 formerly 8151 W — 1997). Copyright 41974, 1978,1987,1997 and 2007 by The American institute of Architects. All rights !nit. reserved. WARNING: This AtA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAIA software at 14:11:38 on 0710612012 under Order No.0636296619_1 which expires on 09/18/2012, and is not for resale. User Notes: (1802202229) § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 'll1e 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 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that 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. § 3,6.3.2 The issuance of a Certificate for Payment shall not be a representation that time Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3,6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be. taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to pennit adequate review. § 3.6.4.2 In accordance with the Architect- approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. Tile Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents, The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time Iimits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4,5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. snit. AIA Document 81101 T' —2007 formerly 11115111m — 1997). Copyright ©1974,1978,1987,1997 and 2007 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 7 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under l the law. This document was produced by AIA software at 14:11:38 on 07106/2012 under Order No.0636296619_1 which expires on 0911812012, and Is not for resale. User Notes: (1602202229) § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for die Owner's approval and execution in accordance with die Contract Documents. § 3.6.5.2 Tire Architect shall maintain records relative to changes in die Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for die Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or die making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 (Not Used) Additional Services Responsibility Location of Service Description (Architect, avner (Section 4.2 below or in an exhibit or attached to this document and Not Provided) identified belox) 4.1.1 Not used... smvices are outlined in Exhibit B (Rows deleted) § 4.2 (Not Used) § 4.3 Additional Services, not included in Basic Services outlined in Exhibit A and Exhibit B, may be provided after execution of this Agreement, without invalidating tiie Agreement. Except for services required due to the fault of tine Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 113 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner in writing with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, location, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; AIA Document Bi01 T'" — 2007 formerly B151T° — 1997). Copyright O 1974,197% 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNIMG: This Aie Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 this AIA° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 1411:38 on 07!06!2012 under Order No.0636296619 1 which expires on 09118/2012, and is not for resale. User Notes: (1802202229) .2 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations of schedule, .3 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; (Paragraphs deleted) 4 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .5 Consultation concerning replacement of Work resulting from fire or other cause during construction; or Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 (Paragraphs deleted) Not Used § 4.3.3 (Paragraphs deleted) Not Used § 4.3.4 If the services covered by this Agreement have not been completed by the end of this project, through no fault of the Architect, extension of the.Architect's services beyond that time shall be compensated as Additional Services per article 4.3.1. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project. Within 15 calendar days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section b.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 53 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Architect shall furnish surveys to describe physical characteristics , legal limitations and utility locations for the site of die 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; designated wetlands; 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. § 5.5 The Architect shall furnish services of geotec)inical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations, includingdevelopment of a soil management plan. § 5.6 Tice Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. Tlie Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such Intt. AIA Document B1011" -- 2007 Vormerly 8151"m — 1997). Copyright 1974, 1978, 1987,1997 and 2007 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 9 this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 14:11:38 on 07/06/2012 under Order No.0636296619 1 which expires on 0911812012, and is not for resale. User Notes; (1802202229) services and demonstrates that they are reasonably required by the scope of flee Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. The architect and/ or their sub - consultants will define and coordinate the scope of the required tests during construction that will be part of the Contractor's scope of services under a separate contract with die Owner. § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5,12 The Owner shall provide 8ne Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, die Cost of the Work shall be as defined in Exhibit A. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be pennitted with prior written authorization from the Owner 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 program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, tine Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level ofprices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. AIA Document 8101 T'" — 2007 formerly 8151"" — 19971. Copyright ©1974, 1978,1987, 1997 and 2007 byThe American Institute of Architects. All rights [nit. reserved. WARNING. This AIA' Document is protected by U.S. Ccpyriglit Low and Into mationaI Treaties. Unauthorized reproduction or distribution of 10 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced byAlA software at 14:11:38 on 07/08/2012 under Order No.0836296619 1 which expires on 09/1812012, and is not for resale. User Notes; (1802202229) § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with tine Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6. I. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. 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 as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7,3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its 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. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as tine Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall tertinate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases tine Architect and Architect's consultant(s) froin all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harniless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, or as exempted by Exhibit D, Section 8; 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. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to tile. Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall continence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in AiA Document BMW — 2007 formerly BISiTM — 1997). Copyright d 1974, 1978, 1987,1997 and 2007 by The American Institute of Architects. All rights (nit. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of ) this Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:11:38 on 07/06/2012 under Order No.0636296619 1 which expires on 09118/2012, and is not for resale. User Notes; (1802202229) any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1,2 To the extent damages are covered by property insurance, 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 AIA Document A201 -2007, General Conditions of the Contract far Construction. 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. § 8,1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out ofor relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 MEDIATION § 8.2.1 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 binding dispute resolution. If such matter relates to or is the subject of a clna. 573 claim arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the claim notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8,2,2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation first which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures inn effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request maybe made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution 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. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 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. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box If the Owner and Architect do not select a method of binding dispute ) esokttion beloig or do not subsequently agree in lvrlttng to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) § 8,3 ARBITRATION § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the clairn, Init AIA Document 8101 T" —2007 �tormerly 8151 T" — 1997). Copyright (D 1974, 1978, 1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.8, Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA sofhvare at 14:11:38 on 0 710 612 01 2 under Order No.0836296619_1 which expires on 0911812012, and is not for resale. User Notes: (1802202229) dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 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. § 8,3.3 The award rendered by the arbitrator(s) shall be final, and judgment maybe entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 CONSOLIDATION OR JOINDER § 8,3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a partyprovided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8,3.4,2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be, joined consents in writing to such joinder. 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. § 8.3.4.3 The Owner-and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 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 termhnation or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give fourteen days' written notice to the Owner before suspending services, In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused die Owner because of such suspension of services. Before resuming services, die 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 die time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, die Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for direct 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. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, die Architect may terminate this Agreement by giving not less than fourteen days' written notice. § 9.4 Either party may terminate this Agreement upon not less than fourteen days' written notice should the other party fail substantially to perform in accordance with die terms of this Agreement through no fault of the party initiating the termination. § 9.5 77he Owner may terminate this Agreement upon not less than fourteen days' written notice to die Architect for the Owner's convenience and without cause. § 9.6 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. (Paragraph deleted) Init. AIA Document 610171" — 2007 t�formerly 13151 TM — 1997). Copyright fl 1974, 1978,1987,1997 and 2007 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 13 this AIA' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced byAIA software at 14:11 :38 on 07/0612012 under Order No.0636296819_1 which expires on 09/18/2012, and is not for resale. User Notes: (1802202229) § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set fortis. in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the State of Iowa, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 83. § 10.2 Terris in this Agreement shall have the same meaning as those in AIA Document A201 -2007, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without meeting the City of Dubuque's Terms and Conditions per Exhibit D, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, § 10.4 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. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect 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. § 10,7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall endeavor to provide professional credit for the Architect in the Owner's promotional materials for the Project during the design and construction of the project . § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential` or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such 'information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information unless otherwise required by State or Federal law. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Paraginph deleted) Per the values shown in the attached work Breakdown Structure (Exhibit A). The Architect shall have payment invoices processed once monthly. The invoice amount shall be based on the Earned Value of the percent work completed as reported on the most recently updated and submitted work Breakdown Schedule. § 11.2 (Paragraphs deleted) (Not Used) AIA Document 8101 T" — 2007 formerly 8151 I" - 1997). Copyright ©1974, 1978,1987,1997 and 2007 by The American Institute of Architects. All rights Intf, reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of 14 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced byAlA software at 14:11:38 on 07/06/2012 under Order No.0636296619_1 which expires on 09/18/2012, and Is not for resale. User Notes: (1802202229) § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Paragraph deleted) On an hourly rate basis based on the Schedule of hourly rates attached in Exhibit C § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount (Paragraphs deleted) negotiated in advance and approved in writing with a not -to- exceed number. § 11.5 Not Used (Table deleted) § 11.6 When compensation is based on a percentage of the Cost of the Work 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 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth in the attached Exhibit C below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review (Paragraphs deleted) practices for periodic reviews. (Table deleted) §.11.8 COMPENSATION "FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance in writing by the Owner; .7 Renderings, models, mock -ups, professional photography, and presentation materials requested by the Owner (does not apply to 31) imagery or sketch -up models as defined in the RFP); .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Other similar Project - related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be expenses incurred by the Architect and the Architect's consultants plus 10% of the expense incurred. The Owner expects to pay the reimbursable expenses to the Architect's Consultants at cost plus 10% without paying any additional premiums to the Architect related to such Expenses. § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates die Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: NONE—See City Terms and Conditions — Section 8, § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of Zero ($ 0.00 ) small be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account hi the final invoice. AIA Document B101 T'" -- 2007 formerly SI61 to — 1997). Copyright ©1974,1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 15 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced byAlA software at 14:11:38 on 07/06/2012 under Order No.0636296619_1 which expires on 09/1812012, and is not for resale. User Notes: (1802202229) § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Twenty-one (21) 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 monthly or annual interest agreed upon.) 12% § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages oil the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be submitted to the Owner at the time the monthly invoice is presented for payment. ARTICLE 12 :SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Exhibit D — City of Dubuque Contract Terms and Conditions ARTICLE 13 SCOPE OF. THE AGREEMENT § 13.1 This Agreement represents tine 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. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 101Tm -2007, Standard Form Agreement Between Owner and Architect .2 (Paragraphs deleted) Other documents: (List other doeun tents, if any, inchrdingEyh1bit A, Initial Information, and additional scopes of sewice, if any, forming part of the Agreement) Exhibit A — Work Breakdown Structure Exhibit B — Vertical Construction Scope of Service Checklist Exhibit C -- Architect Schedule of Hourly Rates Exhibit D -- City of Dubuque Contract Terms and Conditions Exhibit E— City of Dubuque Insurance Schedule L, March 2011 Exhibit F— Iowa DOT Certification of Restrictions on Lobbying Exhibit G - Iowa DOT Certification Regarding Debarment, Suspension & Other Responsibility Matters Exhibit H - Iowa DOT Non - Collusion Bidding Certificate This Agreement entered into as of the day and year first written above. OWNER ARCHIT T (Signature) (Signal: re) Kevin MonsonPresident (Printed name and title) (Printed name and title) AIA Document B10iTM — 2007 formerly B151"' — 1997). Copyright ©1974, 1978,1987, 1997 and 2007 by The American Institute of Architects. All rights [nit. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 16 this AlA° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This documentwas produced byAlA software at 14:19:51 on 07100012 under Order No.0636296619_i which expires on 0911812012, and is not for resale. User Notes: (1634947431) fJUbuque fnfecmedal tent¢[ fee proposal -v1.6 08.09.2032 iasle pte]ecl peakx tMnnann Oesgrs Erpra Tml 11520.350 10trtRneades RidiBasne. Ritlri HSs net Te¢ [w /o Cixil, unQSCace, lA 6 PM) 5Y03y23O a.]8% arrninal Bltly -OO - v�qg -CO -Cn SIO.SOO $119,51a 515.000 $sS,OW 5]9.iW SIA.WD 5igmo 50.000 $Lmo 5?i35 $ism $8,395 $gs,sss $1Ha,l6n farkn.g fac -m Snns00 Swa.000 Sss,ow 53sSw SjA]5 53,a-rs 53.300 55,000 Sza,3m Sssa.Opp 5? us 53 Sa.] Sgx,3]s 53os,so0 sun -roW $�a9,taa Sai55o 538,3m 535.300 Siaa,3oD Ss,3.5o 53a Sc/s,ss3 53u mo 5]36.] 51] ] Sss5,710 $u1�2Jd 53u [xporees Sw.oOO Se.5o0 SL�sO Ss.<00 5]tmn � sz,]so SBO,IOB -G' otea5mo15ervco P atdrg [M1¢ tmninal bulitling Site -Teak 26 Revenu¢/ Expense Pm]ecolon nmaceo conz[rvaron cos[ �iq $35.[IOO Grosz fee f SH.iOO tie[ T¢c 1w /o Cava, raMSCaPe. u B PM] $mg�9s s ]]w 53�OD ¢adr E :nlfla w nt ^fats FlHRnG rrnnn Design anOS. Grrosz eee aalree Rlmtlez Ritlri HSs net Te¢ [w /o Cixil, unQSCace, lA 6 PM) 5Y03y23O a.]8% mlgutldau[ $G].SOD 50.000 _ vrgec2 rope antl relatetl fees foe Taxl . IC, 2C, 3 antl 9 mll need ao M1e teaseire0 one¢ iae regssBM tootling K prxuretl 511000 $3,SW $a ]so 5103.750 Partln Bo1WOp[ 5]233OD 53280D 53],]50 53,sW 53,]50 5x88 ail paw rm Rallimfporemasres 53D.000 535,000 5]36.] 51] ] Sss5,710 $u1�2Jd Br65[wage -SD Bras Storage -OO-C1 $CO.00n $]96.000 53Ii OnD St03 }OO Sa6.90O 52LOtD 53500 N.50D 5]3,]SO 5]8.]50 5135 5932. IiW- Stsucdral Fee 533 $101.2CD gra¢E $693,000 $I M.000 $153.910 $ss,0�p 53�25o $i3,oOO 53]000 $313,980 $L231,D1 °U,OW 589.000 gxparyes 535.00p SS,soo $�sso 33300 5x,]50 "$SOO 52 51.800 5363. LZ �mateo r.onstmaion a.oss s5' re x 536,000 Grrosz eee °'•.oa0 ncs Mntleling 518,150 net Te¢ [w /o Cixil, unQSCace, lA 6 PM) 5Y03y23O a.]8% _ Plsase 1 Fees at5ume Stn an0 iltn will be [lranges 20 two -way _ vrgec2 rope antl relatetl fees foe Taxl . IC, 2C, 3 antl 9 mll need ao M1e teaseire0 one¢ iae regssBM tootling K prxuretl cope ann re1xM (aoz asn fvsatl nn 2na1 esNmxsi. on [Fie tlate o(mmmcrrfinem of iM1e prgett Task. Pm1ee[ srope and relaa¢d (e¢5 ate baSM on 2011 estimates Oared m tnelPO miring prvlocs componem ms¢: Exhibit B VERTICAL CONSTRUCTION SCOPE OF SERVICE CHECKLIST NOW; Projects: ueU: eeetllom chyrof~ Fro paled BY owner Consults At Pilot Min east. Intluded Not Melutletl I TBA. Comments REDESIGN PHASE 1 Predesl nServices Roacl Mons ¢rnsi I lPer RFP lnslmc8ona Green Deal nSBrvlcaa ILEEDIENERGY 8TARIETC, Do ineaCoordiralfcnand Document Checking Idendfuson0AsRequiiedFedera1,, State and City Agency Reviowe and PeornitAlIMB Subinitvien tentative demllingr onNfor [he project Histoiw0iO* Sio Plan Rev , oning leevea, NPOES, PODOngn Revlaw. am. Coordination of Owner• suppliBd dale Space UlNlaallan Plarming Existing Facllltlec SurveysNC Marketing Studies Comperalive Studies of Prospective Silos Economic FeeNblll Studies FroeclFli Pr act Schedulln P ecl Bud M' hbcdelelReadedo slAnlm Preeenlallone Pr eclMeel' 7 81MAnal eMBervlae P ectMaosamenl SeeRFPLaoguBge Orean DBBI n 8ervicee LEEDIENEAGY 6TARrETC ProI�tN�•��coPeRevrewMea&np vdlh Cl end theed Team Bc bmNwrllMnnarrelNeclprolacluntlerelendnglhatln ea schedule erd wetln followlp to the mBaNng Dlsclpolroa Coardhelion and Odcumasl Chedln Agency Revlaw CcoNINMIOn and PmmN rovela CocrdlnellanciCwnao-6u INdOeM 81NAna 61B&61NWkn She Douelc moot PIBABNI DalMled Slla Utlll:allon 81ud An•BhaUNIIryIMechenlcMByeMm Sludka NIC GN•61te Ullliy CacrdlnelicnlAe ulrsmenl8lutllo6 Ena Blutln AlrBeleaNn Slud OedlaNtDlal Inueall BlloN ConllminBNd MBIBtlBIB 91utlM1 EnulronmaMalBlutlheandAe da Zorlo ComlMDraRaNew ProaclBchedulln Pro cIBW un MadehlAaotl¢rin d maNOne PrenNallons Pro m M n e DESIGN PHASE 99chematleDeelaServices I TASK 4A only PI em Management SeeRFPLB uepa Green Deep Sakai LEEDIENERGY STOM LEER TBD DMclplines Coordinelloo and Document Checklog Agency Review Cooldinaton and PammAp vale GoDminallon of Wer-Suppled Data An011ledDmlDBal nlDowmeRWIDn DA CommunlcMlo is Deg MDowmemotion Socurk Som Dasl MDowm don $tmaural DesignMocumamallon GeotechnIcal Des 4owmentatlon MediaMml Deal MDocummlalien Plabing Dee MDacumenlollaA S rmklar Deal nlDacumenlabon ElamalcalDesl mDowmematan Clot Des m➢ommenMdan Nity Rebate Coordinallon Comatfuctabllig Coomnainn and ComanfucknStaging Landscape Dab MDcwmenml on IAnkr Des' MDOCUmanmllom MaMIARasearcMS odNranons Schemellc DeaIgn Plan SubmlllBl m Clly forRavlewendComment Pmectschedulin ProectBu elfin Updated Formal SlamrmmlolProbeble TBUIP ecl Coal V8Da EngMBmng Phue Summa Repod TreHc Impact Slutly MadelalAemtlerin slAnimalloma $k81Ch-Up n1otlB$ IDCUdBd�IBndAflnoS�8111mEllDD$ Preaentallosa Pro cl Mealin c 4 Dael n Develo menl8ervicee 'eclMeme ant geeRFPLengmga Green Deai o$ervicea LEEDIEfdERGYSiARlETC. LEER TBD Disciplines Coordlnalion antl DowmemtChacNl Agenq RevlewCaardlmallDn BAd Pomp roVA9 DWI(11ABNon of DamBo-$B IIad DBU AmhIIBEMmDee mDOwmBntBIDn DeIMCommuAlrsllone DeA M➢owmenmliom Sewrl 6 aiem Deel MDOCUmmdaA Slmclurel Deal mlDawmenlellon GeopchnlrslDes nlDowmenletlan Madlenkel Deel MDaumenledom Phmblm Dn MDowmantellon S nnNlerOee IDowmenlalloA ElecNlul Dee NDacumeelelloA Clutl Do MDocumenletlEA VIII RebeleCoordlBellan ConalruUablliry Coordlmellm and CoABAUUieo 91a IA laldera aDae mlDocumaAlaSon Imrolor Deal BlDowmenteNan Maledale Aeaeerchrs dgrsllone Outlines ecitication Design Development Plan Submll4110 City for Ravlew and Comment Submlgal Inductee, Flov Rena, Realtors, Sedlans, Detain, Inlerlor Elevations, Relladed Ceding Plane, Schedules, Spedscetlons aid necessary BilllVasil MechanicePElecMcel , Site, Kill ENVatc6 Laved , Reluea older Pro cl Scheduling P ed Budgeting Updated Formal Statement of Pmbahle Tolill Ficlect Cost Value Englneedng Phase Summa Repod Building No Report Report b Include at lease, Building, ElscMcal, Made dcal, PlumbPo;ADA Compliance, Iowa Energy Cade, Heard DOW and other applicable codes Fine CDde Report ModelmRerdann Anlmalbna Skel models included/rendedirtasUnimations TBD Preseolelloos ho dMretin s 6 Conelruclion Oacumm�t3ervlcee PrdeCI Man BmAAI See RFP Language Green We' nServbea ILEEDENE RGYSTAPJM SEED TBD Cledplines Coordination erd DacumemChecNl Agency Revlew Coordination and PemaltAc idi CoordiraW of Ownef-Suppulea Data Atcdlleclural Desi olDoeumenlalun DalalCommunlcelboa Da NDacumenlepon SeWd SIAM 009 IDOWmentDA $INCIurMDag nIDOWAIAA181Cn MeaYanca Ceel AIDOCUTABAIABan Plumbib Desi nlDacumenlelan $ Ibkar DeAI NDCWInAAIAIgA Eladrical Desi NDocunenlalion CivdOea NDocummtellon UNi Rebate Cawdlnelbn CorolruclsblP,ry Coordination and CamlmcllonSte In Leodea Die nOocumanlelbn InlerbrLW nroowrrwolesbn MeteflAe RaeBerCM$ BCdC810ne Comeminaled Melerie60owmeAlelkn InduAlan In Bltl Sp0cA Owner provided services to�Included In Bitl Specs EnvhonmabMl Oacumenlel'ron lndualon nBdSpau Cwner provided services to be included in Bid Specs BB°k Suhmlldl of Conalmdlon Documems Package to Cllytor Reulaw and Commem Pra actSchadulin Pra eci Bud alto Updated Faimel$letemenlol Pmbehla ToIMPraedCasl ModaWRendarb alAmmalbna Sketch•u models includedlr nderin s &animations TBD Praxnlellona Pro dMeelln e OnAOem goal plan and epecrevlew mottle wllhtheCl o clNem. CONSTRUCTION PHASE U Bidding orNe a3atlonSmlces Pro'9ct Mvenement ISee RFP Larguaga Men DeBlnSeNlas LEEDIENEROYSTAF/ETC. LEED TBD Disciplines Coordinallon and Dowmenl Chooldo Agency Review Coordloadon and Permit Api incoordination with Owner Coordlnalion of Owner4upplied Dole City Coundl Ed Caning Proadure• Document Prepermien and Cound i Attendance Ed lnllhllon lhmugh Award Compile AIA Eandard &d Padagals) Incorpareie CilyalendardW lbblddlag anlred dowmenbendclherClty ipolloatoetarmiondoondifoRs BM LelNngls) Addenda Reparation and UsIIBUNOn Oroenl:e and lead pretel Inlarmagonal mealin Bid Opening Allendance and EvalUMlon Analpsleof Rd AIIemAIes5ubNllullons Special Bidding SBNIae ConelmmlcnContract A reemeoM Pro act Schedulin Project Bud Mln Updated Formal Elalemenl o(Probable Total Prc act Coat ModaelRendedo Anlmabons Preaeogliooe Pro cthleelln s } ConetrucUanAdminlatraUsnSarvlcee Pr'eG Mane amem gee ConUecl Lerguage GreeoDealnServias LEEWENERGYSTAAIETC LEED TBD BuNtllo E stem Commieslodn 016CpgAOBDoCftlnAl0n 9Ad Dacumenl Checkin Agency RevlewCoordinagon eodPermil rovala Incoordination with Owner COMdfIAIMO CdGYlnel•SU ied DAIA Furoiahl ePurchasa Ccordinnlbo Pumhesa by 0wnerorArchllxt lientl Pre•CONlmclloo Maelio CanalmMlon OUrca AdminlNreUan ConahudloofleltlObaervallon Appradmale Time0o SiN= Aawer0uaalions Dwiag Cwulrucllon on the Inlerprelauan entl Infant of IM Plans end edhationa EbapNVarkNg pawing Review end Coomloaucn rove Maleriel3omas Procea Pe IlCellan Re ueale Duolallon Re ueslslCheo ¢Orders Cocrdlnallonol Maieriaie TeBliog 0nd Tadlntta In OCBon EeNlaa Ciry noliged xUNn g4 houreolrealptd bedfast repo UNIT riebabCootdinNleo InccardinatlonwilhOwner GSchadull ManllorN Cooatruclian Coat Armunling Moodorin Semi FMaI Inspectlonwllh Owner aM ConlrecPor and Create Punch Llsl AcOvely Monllorand Report on Punch LiMPrc ras Review and Coordloale Proper CorrectorSubmlgel of Project Record Dfawln s Issue Cartg ate of SubstB ntal Cam Mtlon Observe the CCnhadore RBBI Taling and Starl•up of UlMla, Operalhnal S stema and Equipment Secure, Review andTransmll to Iha CIry - Warrantis%, MalmBance Manuals and $mBf SUhmIXAM Pt BdCCAA0U1 Pf acVSUE0 Tdalb MatlaslRendkn a(AnImBIl0A6 MAB PfeaEAlAden9 POST 6 Post•coalmation Bervicae Project Management Green Design Services ILEEMENERGY STARIETC. LEED TBD Disciplines Coordinallon and Document Checking Agency RevsCoordinallan and Parmll Approvals Incoordination with Owner Coongne0on VOw erupplIal Dem Mainmoence and Opemllonal ProgrammIng Slart•U Asalalance 9rert•Up Meredela end SyaMma Teal M•E•P Perfotmena Beochmerkln Recom Drewln e Warren Review Past- Consbucliico Evaluelion ModalalAeodarin alAnlmelbnb Preaenlatlana Pm ktMktl a 90PPLEMENTAL g 8u IemkMlBarvica Mating Mlnules Preperallm Direct paaihullm M all padlclpema • Cily PM todlmtlhule to clhare CankrenaCallMinulaPrepanlPon prodaslfiDUNanloallpemdpap •CIryPMlodlsldbumlaElhere Dllallad Conatmdion Cc91 EaIlmaMa Lila Ise Cosl Anal cola Value Awl N 9 icier $Wdba Cam ulerA lalka Med8 COaBNCOn Motk -u BenXaa Fumllure8ekclbn Ncn�BUIMI E u mam Salacllon dalFum4hl eDaaln Fine Alds end CmX9 SeNlcea Qumtlt 8ervlcea On hluDeel n TBAABI RlIEIAd $aNaB Pac ad Promolloo • PuMlc Relellcha LABBO SrCCM1VIAB 81111 Photo la Motion Piclums and Mdeola Ccordinatloo enlh NonAea�n PreIA9aWAAB ExpenWitness Emorgeng OperstlonsN* 9 edal DI Imes Cooaullatlon bedal BuIldMg Tp Ccosullalicn Demolilbn Servlras Moiin Auislence Canleminetetl McWriels bludiea entl Aepods in coordlnatlan with Ownar Envlronmentel Monllatin PROJECT PARAMETERS 10 Dael nAesu one ENdrauic Fik Speciticalions D• Rendatlnga Ccolmdbpua• Sheet ahe D18w7n AfdA Dea nPlanReulawSuhmhlal EhdmnlcorP er Bld teulnp�s) ed Doamest0iatrdmdon Peperor Eledmnlc Malvin MiouN Pre relion Email or Pa er Diahihulicr, ticahle Bulldln Codas Nallmal, Stag, Loral Cadea, IPo Sale ,ADA HmlmnteVVerNcAl Dalwn Aver elUuminatlonlsvel I NonYalNo APPENEdx A SCHEDULEOF HOURLY RATES 2012 ERhibitC NEUMANNMONSONEC IOWA CITY and DES MOEVEg, IOWA Various personnel of the firm have been classified according to experience and technical training, and tree following schedule of charges for services will apply for all work performed during 2012 For the work undedaken in 0sa7uem years, this schedule may be negotiat¢d upward as a direct result of salary escalation. SERVICES Classification HowlvRate Clerical 1 $50.00 Clerical lI $55.00 Clerical 111 $60.00 Drafler I $50.00 Drafler II $60.00 Drafter III $65.00 CAD Operator 1 $70.00 CAD Operator 11 $75.00 CAD Operator 111 $80.00 CADOperetorlV $65.00 TechnicelStafil $95.00 Technical Staff II $IOO.OD Technical Stafftll $IDS.00 InteriorDesi�rerl $60.00 ImeriorDesignerll $85.00 Interior Designer D[ $90.OD Intern Architect I $80.00 Intern Architect II $65.00 Imern A�ehicect III $90.00 ImernArchicectlV $95.00 Aremtectl $1Da.oD Architectll $105.00 Archhectlll $110.00 SWCturalEngineer $150.00 Assaciatel $115.00 Assooimell $12SA0 Associatelll $13SA0 AssocialelV $145.00 Dir¢ctar $ISSAO Principal[ $165.00 Principal l] $200A0 Confidential 2012 Rich & Associates, Inc. Hourly Billable Rates (US Dollars) (FY 2012) Classification Principal Parking Designer ...... ..... . .. Principal Parking Planner-•-------- - - - - -- Principal Architect Principal Structural Engineer .......... Senior Architect, Project Manager,- - Senior Parking Planner Planner / Project Development...__. Design, Project Manager.--- --------- -- - - -- Parking Planner /Project Manager__ Parking Planners Architectural Designer. ..................... Architectural Tech Engineering Tech ............................... C.A.D. Technicians Bookkeeping--------------------------------------- Clerical 2012 $225 $180 $140 $140 $140 $140 $140 $105 $87 $82 $78 $70 $70 $60 $50 $40 RRAKEA RHODES Engineering Raker Rhodes Engineering 2412 Hourly Rates Principal $1651hour Expertwitness $2251hour AssociatelRegisteretlEng $1251hour Project Engineer $g6lhour Drafter $761hour Clerical $601hour Structural EngineersiorArchitects ,Owners, and Contractors DESyIpFG N ENGVVVL��� MECIANICALANDELECTRICALCDNSULTANTS APPENDIX B HOURLY BILLING RATES -2012 Classification Rate Principal $180.00 Associate Principal $150.00 Associate $140,00 Senior Engineer II $140.00 Senior Engineer I $130.00 Project Engineer II $120.00 Project Engineer I $110.00 Business Manager $1aa.00 BIM Manager $ 90.00 Engineer II $ 90,00 Engineer I $ 80,00 Senior Designer II $ 90,00 Senior Designer I $ 80,00 Designer II $ 70,00 Designer I $ 65,00 SeniorCADTechnlclan $ 60.00 CADTechnicianll $ 50,00 CADTechnicianl $ 45,00 Clerical II $ 60,00 Clerical I $ 45,00 These rafea are subject to annual adjustment (on or about January 9J andyour contract will adjust accordingly, 9801 PRAIRIE VIEW LANE SW, SUITE 200, CEDAR RAPIDS, IOWA 529099850 PNONF 319,e41,1944'' 319,941.1949 D &PC,CDM IIW, P.C. Schedule of Professional Fee Rates M'vw1wongroom Jaouary20121hrouah Oeum6sr P011 ARCHITECTURE CMLENGINEAING Staff Type Hourly Rate CONSTRUC70N SERVICES Prokasional Engineer V $160.00 E%IIRONMENTALENGINEERING Profesebnal Engineer IV $141,00 LAwsuRVEnNG Professional Engineer 111 $127,1)) MUNICIPAL ENGINEERING Prokssional Engineer 11 $120.1)) STRUCTLRALENGINEERING Prokssional Engineer 1 $116.00 TRANSPORTATION ENGINEERING Prokssbnal Lard Surveyor III $141.00 Prokssbnal Land Surveyor 11 $127.00 CNI F Wato, PUP Prokssbnal Lend Surveyor 1 $118.00 Charts a Cale, PE^ Gary D, Sgkora, PE Licensed Achill 111 $137.00 WhadAJonsen,RESE Licensed Amhlkcl11 $118.00 Ronald A. Bomar. eSEIAIA Licensed pmhltedl $106.00 JohNM.Traomer,PLS TimdhyJ, Traad, PE' John F. Waodsakar, PE OesignEnginesrV $111.00 JuIIePNae6aI,PE DesigREngineerlll $1)0.00 JemesFNeune,PE DesignEnginaerll $95.00 ihamasJ.Dslar,Pls^ DesignEngineerl $85.00 wtayaChudam,Pts GaaeryT.6laadic, PE MadcJob gan,PE Specialist Enuironmen�ISeclelist $900.00 N. flay, PErSE' COmWCibn SpeCkIlSf $93.00 BredleyJ. Moor:, PEISE TeChnicalSpecialisl $88.00 Cotlyr,Auatm,PE' Marc D. Aud9a, PE AmhilecWralOesignerll $88.00 MarkAPassdndm,Ala' Archltecturallnteml $66A0 M1MaelaRodeN,NCaaalAla` Wks M. OMmeoo PE Crag J, Elakamp, WA TechnicianlV $88.00 Robanwakk,PE TSChnlClan ' $76,)0 Ericd Halminpk PEISE' Technicianf $BBAO SlevanJ.HuNa,PE TachniCian $54.00 JaNJ.Braodl,Rls EngineeringAltlell $16.00 'tEEDaP EngineeringAldel $61.00 ~Aelimd Ckdcal $48.00 ' Ihase lumty miss JrNuda misroNaoaous axpaasaa such as prMARg, lelephoae, postage, mllasgq campufNexpsoses, sMsuppNas lbase coda atiIINOIDa mvacetlas reimbureedle eAomses. ReimbursaNa expahsas aiNmlba iauacatlwMbouf yovrphNeuemn4elim, 6155PaohsylvaaiaAxeaua, Dubuqua, Ip62p0118Z6eP156D556 .2484180G5554461eF66S5Sfi7ell �� TYLIN INTERNATIONAL engineers I planners I scientists T.Y. Lin International Hourly Billing Rates Dubuque Intermodal Facility Final Design and Construction Administration Employee Classification Hourly Billing Rate Project Manager $ 240 Senior Civil Engineer $ 110 Project Architect $ 101 Construction Engineer $ 115 The above billing rates are based on current T.Y.Lin rates of employee compensation, audited overhead rate and 10% profit. Direct expenses will be invoiced at actual cost. April 12, 2012 200 S. Wacker Drive, Suite 1400 1 Chicago, Illinois 60606 1 T 312.777.2900 1 F 312.705.0305 1 www.tylin.com An Affirmative Action / Equal Opportunity Employer M /f /D /V Hourly Rates Schedule: Cate-gory Rate Registered Landscape Architect/ CPESC /CPSWQ ...................... $ 90.001 Hour Wetland Specialists ................................ ............................... $ 9000 /H our Agronomist/Soil Scientist .......................... ............................... $ 75.00 / Hour Graphic Designer ................................... ............................... $ 65.00 / Hour LA Intern .............................................. ............................... $ 00 / our 0. 6 Technician ................................. ..............................$ 50.00 / Hour - $70.00 /Hour Administrative Assistant ......................... ............................... $ 40.00 / Hour Expense Rates Schedule: Mileage.............................................. ............................... $ 0.60 / mile Sub -meter GPS Equipment / Laser Level Equipment .................. $ 100.00/Day Flags/ Stakes .................................... ............................... $ 0.50 / Each In -House Plotting /Printing Black & White Copies (8.5" x 14" & Smaller ) .......................... $ 0.30 / Each Black & White Computer Plots (Bond Paper *) .........................$ 2.00 / Sq. Ft. Color Computer Plots (Bond Paper*) .... ............................... $ 3.00 / Sq. Ft. * Additional Charge for Other Paper/ Medium Meal per Diem ................................... ............................... $ 35.00 / Day Sub - Consultants .................................. ............................... Cost plus 10% Postage........................................... ............................... . Lodging & Other Transportation .............. ............................... Other Direct Reimbursable Costs ............ ............................... CAArchitect\ Standard Rate Schedule\ 01 -2012 @ Cost @ Cost @ Cost Exhibit D TERMS AND CONDITIONS The following clauses shall be Included in the final signed contract: 1. CONSULTANT'S ENDORSEMENT ON PLANS, The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer, or licensed professional arohitect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 2, CHANGE IN SCOPE OF SERVICES. No change In scope shall be permitted during this project without the prior written agreement of both parties and the WSS being updated. 3. SUBSTITUTION OF PROJECT TEAM MEMBERS. The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project may be changed if those personnel leave the Consultant. These personnel may also be changed for other reasons however, in either case, the City retains the right to approve or reject the replacements and no replacements shall begin working on the project without the express prior written permission of the City of Dubuque, 4. INSURANCE. Consultant shall at all times during the performance of this Agreement provide insurance as required bythe attached Insurance Schedu�, 5, INDEMNIFICATION. To the iullest extent permitted by law, Consulfant shall indemnl(y and hold harmless the City its officers, agents, and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of properly (other than the Project ttsel� including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Consultant, Consultant's subcontractor, or anyone directly or indirectly employed by Consultant or Consultant subcontractor or anyone fur whose acts Consultant or Consultant's subcontractor may be liable, regardless of whether or not such claim, damage, loss orezpense is caused in part by a party indemnified hereunder, 6, TERMINATION. C1ty may terminate this agreement, with or without cause, upon providing 14 days written notice to the Consultant 1. ERRORS &OMISSIONS, In the event that the work product prepared by the Consultant is found to be In error and revision or reworking the work product is necessary, the Consultanf agrees that it Page 23 of 26 shall do such revisions without expense to the City, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. 8. OWNERSHIP OF ENGINEERING DOCUMENTS. All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the City and shall be delivered to the Project Manager upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitations on their future use by the City, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the City's sole risk and without liability or legal exposure to the Consultant. The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment — of the contract. Any change to these specifications by either the City or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. The City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. The City may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 9. SUBLETTING, ASSIGNMENT OR TRANSFER. Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Engineer and approved by the City. Page 24 of 26 City of Dubuque Insurance Requirements for Professional Services Exhibit E Insurance Schedule C 1. Neumann Monson shall furnish a signed Certificate of Insurance to the My of Dubuque, Iowa for the coverage required In Exhl6lt I prior to commencing work and at the end of the pmjed'dthe term of work Is longer than 60days. PrauiderspresentingannualcertlficatesshallpresentaCertlFlcateattheendof each project withthefinalbllling. EachLertihcateshallbepreparedonthemostcurremACORDform approved by the Iowa Department of Insurance or an equivalent, 2. Allpolidesofinsurancerequiredhereundershallbewithacarrierauthorl :edtotlobusinessinlowaand all carriers she ll have a rating ofAar better in the current AM BesCsR it! ngGuide, 3. EachCertifuateshallhefurnishedtothecontractingdepartmentoftheCiryo (Dubuque. 4. FalluretaprovideminimumcoverageshallnotbedeemedawarveroftheserequirementsbytheCltyof Dubuque. Failure to obtain or maintain the required insurance shall he considered a material breach of this agreement. 5. SuhwntractarsandsubsubrontradorperformingworkorservlceshallprouldeaCertificateoflnsurance In aaord with Exhibit I. 6. All required endorsements tovarlouspollciesshallbeattachedtoCertlfwteofinsurance. 7. WheneveraspedFlclSOformislisted, anequivalentformmaybesubst 'dutedsubjedtotheprovider Identifying and listing In writing all deviations and exclusions that differirom the ISO form. 8. Pravidershallberequlredtacamytheminlmumcouerage�llmits ,orgreaterlfrequlredbylaworother legal agreement, In Exhlblt I. Page 1 of 3Schedule C, Professional Serulces Neumann Monson 2012 Doc • • ■ Igiq • • • Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 a) Coverage shall be written on an occurrence, not claims made, form. All deviations from the standard ISO commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified. b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project (s) General Aggregate Limit" as appropriate. c) Include endorsement indicating that coverage is primary and non - contributory. d) Include endorsement to preserve Governmental Immunity. (Sample attached). e) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers. using ISO form CG 2026. B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit) C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee- Disease $100,000 Policy Limit - Disease $500,000 a) Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. b) Coverage B limits shall be greater if required by Umbrella Carrier. D) UMBRELLA LIABILITY $5,000,000 To include pollution liability coverage of at least $250,000. A copy of pollution endorsement shall be attached to certificate E) PROFESSIONAL LIABILITY $1,000,000 Page 2 of 3Schedule C, Professional Services Neumann Monson 2012.Doc Preservation of Governmental Immunities Endorsement 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. Assertion of Government Immunity, The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Page 3 of 3Schedule C, Professional Services Neumann Monson 2012.Doc Preservation of Governmental Immunities Endorsement Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Page 25 of 52 Exhibit F X407 ��IOwaoepartmentofTransportat�on � CERTIFICATION OF RESTRICTIONS ON LOBBYING (for contracts or subcontracts with $100,000 or more value) The undersigned (contractor) cerllOes, to the bast of hislher knowledge and belief, that (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for InOuencirG or attempting to influence an officer or employee of any agency, a Member of Congress, an ofli car or employee of Congress, or as employee of a Member of Congress In conne oil en with the awarding of any Federal ceniract, the mak'mg of soy Federal loan, the entering Info of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal cantmct, grant, loan, or cooperative agreement. (2) If any funds other Ihan Federal appropriated footle have been pall or will be paid b soy person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an oOlcer or employee a( Congress, or an employee of a Member of Congress in connectbn wltlr Phis Fetlerel contract, grenl, loan, or coopeative agreement, the underalgnetl shall complete and submit Standard Form•LLL, "Olscbsure Form to Report Lobbying ", In accordance with II's 'mslructlon as amended by govemmenhwide guidance for new reatricliona on lobbying 81 Fed. Reg.1413(1MS100) (3) The undersigned shall require Thal the language of thla cerllllcatlon be Included in the awaN documen4s for all sub awards at all Gera (including subcontracts, sub greats, and contracts under grants, loans, and ccoperative agreements) and Ihat all sub recipients shall certify end disclose accordingly. This cerliflca0on Is a material represenlatbn of fact upon which reliance was placed when this transaction was made or entered Info 6ubmlaslon of Ihis eerli5oate Is a prerequisite tar meklag or entering Into Yols transacton Imposed by 31 USC 1352, Any peson who laps fo Ole the required ceriillcallon shall be subject to a civil penalty of not less than $10,OOD and not morethan 5900,D00 foreach such (allure, The Contractor, k.UM lust N. �L' , cerh5es or affirms the tru0rfulness and accurecy of each slatemem of Its cerliflcalion and tliaclasure, If any. In addition, the Conlracor understands and agrees (hat the provisions of 31 USC 3801, et seq., apply to Ihis cadlOcalion and disclosure, If any ^,� SgnetureofCon treclor'sAuthorizedOfllclel KA+�I1J f�arnon$r �a.es,p�.9r NameandTllleofCantrector 'sAulhorizedOfllcial Ponn0 WM Exhibit G 01.10 to Iowa Department of Transportation IOWA TRANSIT VENDOR l SERVICE PROVIDER CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS (For Contracis /1With $25,000 or Grew Unlne) The VtQ&Adal IUlD 4 Fb as a participant theme ofVeudoe in a PTA grunt, culifies to the best of its knowledge and belief, that it and ils principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded firom covered herYSaclinna by any Federal deparhnenf or agency; 2, Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtamhrg, aaempting to obtain, or performing a public (Federal, Slate, a), local) transaction or contract under a public fransadion; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribefy, falsification or destruction or records, making false slatementa, or receiving stolen property; 3. Are not presently indicated for or otherwise criminally ar civilly charged by a govanmefrt entity (Peder'al, State, or local) with commission of any of the offenses enumerated in par'agluph (2) of this certification; and 4. lfavenot withinatlueeryem'period precedingthis applicationl proposal hadone ormore public Imnsactiana (Faders(, State, mlocal) teYmina(ed forcauseof defaulk (If the hnnsit vendor or service provkler is ann6(a ro certify ro anp of Ora statements to this cer•nfkat]on, thevendor /seYViceprovldurshallartneh as arpfanatlonof thtscer'ftJicntion,) The �U(c+:tMl4Nn1 G��AN$o� �G catifiesoraliYnnslhe tNninO of Vender or Smloo Fhovidnl truthfirineas and accm'acy of the conienb of the sfatemenla submitted on or with this certification and undemlands that the provisions of 31 U,S,C, Sections 3801 Et arro hetp�y sppl�b Date Zf7 Z �0 %lN•�a-m�e��� � 'Yilla 8ignedee Instructions 1. On the prevenlafive maintenanceworksheet recordihe vehicle number, dale, mileage, and special Instrucfionsforscheduled malolenanceand repairs. 2. Inspec�thevehicle ,perform�cheduledservice, and make adiustmenls as indicated on the worksheet. 3. Madceachilem:( check) OK,( x) AdivatmentMade, or( o) NeedsA (lanllon- Porworkthalcannotbe completed al Thal time. 4. Under" Comments", desaiberepairsandservlcainmoretlelall Note: Neumann Monson does not have any company vehicles at our disposal, '°mmIXB1 Exhibit H Tlowa DeportmenCOfTranspartatlon NON-COLLUSION BIDDING CERTIFICATION I hereby swear (oraNlrm) under the penalty forperJury; 1. Thal l am the bldtler (iffhebldderiasnindividuerJ, a partner Inthebltl (PfhedldderisapadnerahlpJ, ar en officer or employee of (he bidding corporation having authority to alga on Its behalf (if Ilre bidder is a coryoreflonJ; 2. Thal the attached bid orbltls have been erdvetl atbythe bidderindependenUyand have bean subm4letl without collusion and without any agreement, understanding, or planned common course ol action with any clher vendor Mr materials, supplies, equipment, or services deacdbetl In the Invllatbn l0 6itl, designed to Ilmll Indapendenl bidding or competition, 3. Thal the contents of the bid or bids have not been ommunicaled by the bidder or Its employees ar agenN to any person no! an employee or agent of thebldderorils surety on any bendfumishedwilhthebld ar bids, and will not be communicated to any such person prior to IheofNclalopeningoflhebidor bids; and 4. Thal I haveNlly Inlarmed myself regarding the axuracy ofthe stalemenls rrada In the affldavlt Firm Name �k�usv,aaN.1 ��t; -- Subscribed and swum to before me this ..� tl�y of , 20 � a nwary rur� Pny commission expires a 5 20 15 BlddePs E.I. Number d p PAMElA6.0EVINE P ieammlulonNumbarlara97 ' Myeommlydm e��Mr droua 7a,7alE FEDERAL TRANSIT ADMINSTRATION REQUIRED CCRTIPICATIONS AND ASSURANCES Instructions S(en k l; Read tluna8lr each of the Certifications and Assurances required for capital projects, LW: initial each of the Certifications and Assurances in the table below indicatit>g you have tend and understand each one, &W: 3; Submit the initialed Certifications and Assurances included with the IiFQ with your completed proposal packet, IT IS CRITICAL THAT THE PROPOSER PROPERLY INITIAL EACH CERTIFICATION AND SIGN THE SIGNATURE PAGE ON THE NEXT RAGE, FAILURE TO DO SO WILL DISQUALIFY THE PROPOSER, Paga A3 of 52 Please initial Certification/ Title each Assurance Cerlificnlicn I OVERALL FEDERALRECllLATIONCOMPLIANCE 2 FLYAMERiCARE UIREMENTS 3 ENERCYCONSERVA'P[ONREQUIREMENTS 4 CLEAN WATER REQUIREMENTS 5 LOBBYING 6 ACCESS TO RCCORDS AND REPORTS GvW T FCDERALCWANGES 8 CLEAN AIR NO GOVCRNMENT OBLIGATIONS TO THIRD 9 PARTICS � PROGRAM FRAUD AND FALSE OR FRAUDUGCNT t0 STATEMENTS ANll RELATER ACT 11 TERM]NATfON GOVCRNMENT•WIDE DEBARMENT AND l2 SUSPENSION NONPROCUREMENT Ju^"' l3 CCVIL RIGHTS RE UIREMENTS 14 BREACHCS AND DISPUTE RESOLUTION 19 DISADVANTAGED BUSINESSENTCRPRISE DE AMERICANS WITH IIISARILITIES ACT DF 1990 16 RE llIREMENTS (+� 17 SCISMICSAFETYREQUIREMENT /�'� ACCESS REQUIREMENTS GOR I'Elt5ONS WITH 18 DISABILITIES Paga A3 of 52 Chief Executive or Administrative Officer Statement The nndcrsigncd chief ezeculive oradminislrative officer hereby certifies that the prnlwser has read aixl understands the Certifications and Assurances initialed in (lie fable above and ftirlher nssmxs That, as a candiCion to submitting this proposal, the prroposerwill comply with the requirements as specified in the applicable attached Certifications and Aasarances in implementing and mm�agingthe conhacl. The person whose signature appeals below is authorized to sign tL•is assurance on belmlf of the prroposerorrecipient Prnpaser; Rt,@ri1AAt� /Yl4ArbD� `�' SignatureafL7defm •Adminish'ativeOPfice' cw wr6lt/dt�^� Prinlecl Name, �✓ N bN dD n� Date; �i. (8 2012 Page 44 of 52 r 6 s• •r Certificate No. CF11298 Aft dft I ! Flenker Land Consultants, Has met the requirements under the rules promulgated by the U.S. Department of Transportation pursuant to 49 Code of Federal Regulations, Part 26, and is eligible to participate as a Disadvantaged Business Enterprise in the Iowa Department of Transportation DBE Program Issue Date: April 13, 2011 Expiration Date: April 15, 2014 \..� C-�)� L Maria L. Hobbs, External Civil Rights Administrator Roger E. Bierbaum, P.E., Contracts Engineer This certification may be revoked by the department upon finding of ineligibility and said company is subject to examination at any time and maybe required to supply additional information for review notwithstanding the issuance of this certificate. CERTIFICATE OF GOOD -FAITH EFFORTS (GFE) The intent of this certification is to document the good faith efforts implemented by the apparent successful concessionaire in soliciting and utilizing DBE firms to meet DBE participation requirements. This certification will assist the Recipient in determining whether the apparent successful consultant has implemented comprehensive good faith efforts. Failure to implement "good faith" efforts to the satisfaction of the Recipient could result in the rejection of the proposal. 1, Kevin Monson , do hereby acknowledge that I am the authorized representative of Neumann Monson PC , and am submitting this good faith effort certificate to document efforts undertaken by our firm to meet the assigned DBE goal. RFQ No. RFQ Title Total Contract Amount DBE Percentage- Goal DBE Percentage - Pledged N/A Dubuque Intermodal Center TBD 6.6% TE4D.08% 1. Provide a brief summary on why you believe your firm is unable to meet the DBE participation goals on this project (attach additional pages if necessary): Based on the consultants solicited for the project, our selection was limited by the number of consultants available within our Region that we either have an established working relationship with or who have a local level presence to enhance our opportunity to procure this substantial project. Due to the level of expertise required to complete the project scope, the Parking and Railroad consultants were predetermined based on our knowledge of their work and reputation. The MEP consultants we used are ones who have experience in related projects types and the Civil consultants provided us with local presence and familiarity with the project site and the FTA rules and regulations that were unmatched. This left us with the LA consultant and MEP consultants for our railroad portion of the project as the only viable option to be included on our design team that provided the professional expertise needed for this project. II. I hereby certify that I have utilized comprehensive "good faith" efforts to solicit and utilize DBE firms to meet the DBE participation requirements of this contract proposal, as demonstrated by my responses to the following questions: A. Identify Work Items for DBE Participation: Consultants are encouraged to select portions of work to be performed by DBEs in a manner which will increase the likelihood of meeting the DBE goals. In selecting work to be performed, consultant will consider, where appropriate, direct opportunities for participation by DBEs. Consultant can also meet the goal by purchasing goods and supplies from suppliers of goods and certified as DBE firms. Page 46 of 52 1. Which portion(s) or section(s) of the contract proposal, in terms of the nature of the work, were selected for direct participation by DBEs. The Landscape Design portion of the project is under direct contract with us which is a DBE. The MEP portion of our railroad consultants work related to the railroad work is being performed by a DBE. During the construction phase we will require the contractors bidding the project to provide a list of DBE sub - contractors and/ or vendors who are actively involved in the contract scope of the proposals to meet the goal of purchasing goods and suppliers certified as DBE firms. 2. What efforts were undertaken to purchase goods and services from certified DBE firms? Were any efforts made to break down the purchasing contract into economically feasible units to facilitate DBE participation? We acquired a directory of Certified DBE firms in the our region from the Iowa DOT and contacted the firms that had the potential to participate on the project team and expand our range of services offered towards the overall project's success. Page 47 of 52 B. Notifying DBE Firms of Contracting Opportunities In the table below, indicate all firms (DBEs and non DBEs) which received written notification of the participation opportunities on the contract. In the appropriate space, also indicate when firms received subsequent telephone solicitations. Please attach additional page(s) so that all companies contacted are listed. (Attach photocopies of all written solicitations to DBE firms to this certificate.) Company Contacted Date of Written Notification DBE (Yes/No) Date of Follow -up Telephone all Rich and Associates Inc. week of March 19th No Ilw P.C. week of March 19th No T.Y.Linn International week of March 19th No Design Engineers P.C. week of March 19th No Flenker Land Architecture Consultants, LLC week of March 19th Yes March 29th 2012 Kaltsouni Mehdi Inc. week of March 26th Yes 2. Identify publications in which announcements or notifications were placed and published, if any. (Attach copies of proof of each announcement or notification.) Published Announcement/ Name of Publication I Date Page 48 of 52 3. Identify DBE associations or organizations that received written notifications, including dates of all notifications. Provide name of person and date of follow -up call. If no follow -up calls made, explain why not. (Attach copies of letter sent as proof of notification.) DBE Date of Follow -up Associations /Organizations Date of Notification Contact Person Telephone Call Contacted 4. Was the Recipient contracted to assist in the recruitment of DBE firms? Yes No X Contact was made by: telephone written correspondence Date contacted: N/A Person contacted: C. Providing Assistance to DBE firms: Explain any efforts undertaken to provide DBE firms with adequate information about the contracting opportunities and contractual requirements: N/A 2. Describe any efforts undertaken to assist interested DBE firms in obtaining lines of credit or insurance required by the Recipient or Consultant: N/A Describe any other efforts initiated to provide special assistance to DBE firms interested in participating on the contract: N/A Page 49 of 52 D. Soliciting Proposals from Interested DBE Firms Consultants must solicit proposals in good faith with interested DBE firms. Proposals from interested DBE firms must not be rejected by consultant without sound justification. 1. Indicate in the table below which DBE firms submitted proposals. Also, provide a brief explanation of why any of these DBE proposals were rejected. Please attach additional page(s) if necessary. Name /Address /Contact Person of DBE Firm Opportunity Offered and Reason for Rejection Flenker Land Architecture Consultants, LLC Firm was accepted as the Landscape Architects for the 29476 240th Avenue Long Grove Iowa 52756 project phone: 563.225.2255 Contact: Meg K. Flenker KALTSOUNI MEHDI INC. (KMI) Firm was accepted as the MEP consultants for the 407 South Dearborn Street. Suite 200 Railroad component of the project Phone: 312.987.9800 contact: John Mehdi, Principal E. Other evidence and documentation you want the Recipient to consider: We solicited the firms that we felt gave us the best opportunity to procure the project. Specific attention was paid to recruit DBE firms where feasible. As stated earlier, the project scope demanded from us solicitation of firms that provided a level of expertise in their specific fields (parking garage facilities and Railroad Consultants) that we were unable to find with DBE firms that we had an established relationship with. The fast track nature of the first phase of the project demanded that we team up with firms we had an established relationship with to meet the project deadlines with or who had the expertise to convince our clients to select our team in the first place. We selected IIW as our civil consultants as they had a local presence and had already been facilitating the City with regards to FTA requirements related to site survey and other Iowa DOT projects. Design Engineers were chosen for MEP consultation as our firm had completed a number of FTA funded projects ,including Intermodal facility in Coralville, Iowa and other parking garage projects in the region. Due to these pre - established relationships during the first phase of the project, the only logical DBE partner we could add to our team was a Landscape architect and MEP sub - consultants to railroad portion of the project scope . Therefore we sought the services of a local landscape architectural firm that is familiar with the project site and the local flora to help our team achieve an environmentally conscious and sustainable project. The MEP sub - consultants of T.Y. Linn, KMI, have a established relationship with the Chicago offices of T.Y. Linn and will therefore be able to provide a coordinated effort towards the railroad component of the Intermodal Center project. NOTE: The information requested as set forth above is the minimum information required by the Recipient. Consultant may be asked to submit additional information on certain other actions taken to secure DBE participation in an effort to meet the goals. Page 50 of 52 / Page 1 of 3 David Heiar - RE: Neumann Munson From: Khalid Khan <kkhan @neumannmonson.com> To: 'David Heiar' <Dheiar @cityofdubuque.org >, Tim Schroeder <tschroeder @neum... Date: 9/4/2012 5:17 PM Subject: RE: Neumann Munson CC: 'Gus Psihoyos' <Gpsihoyo @cityofdubuque.org >, 'Jon Dienst' <Jdienst @cityo... David/ Tim Please see below an approx. breakdown regarding our fee breakdown per specific portions of the project for all disciplines involved (except TY Linn and portions of IIW and NM fees related to railroad coordination work): terminal building $72,400 parking structure $162,150 pedestrian bridge $23,750 canopies $ 19,300 sitework $ 32,800 The terminal building, pedestrian bridge and canopies required a separate contract with Neumann Monson and Raker Rhodes Engineers for structural services not included in original contract with the City of Dubuque. Please let us know if you need any further information from us regarding this information. Regards Khalid Khan Senior Designer NEUMANN MONSON ARCHITECTS This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, delete this message. You are hereby notified that any disclosure, copying or distribution of this message, or taking any action based on it, is strictly prohibited. Neumann Monson Architects is a Professional Corporation. file: / /C: \Documents and Settings \dheiar \Local Settings \Temp\XPgrpwise \5046378DDBQ_... 9/4/2012