Contract Post Office - Fed Bldg. Design Renovation
D~~~E
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MEMORANDUM
November 3, 2006
TO:
Michael C. Van Milligen, City Mn~
Gus Psihoyos, City Engineer y~.
FROM:
SUBJECT: 1934 Federal Building Renovation Design Contract
INTRODUCTION
Enclosed is the contract between The Durrant Group, Inc. (Durrant) and the City of
Dubuque for architectural/engineering design and contract administration services for
the renovation of the 1934 Federal Building. The project involves the renovation of two
areas: the west end of the third floor to accommodate the Housing & Community
Development Office; and the former courtroom on the second floor that will become the
City Council chambers.
BACKGROUND
As directed in the September 5, 2006 City Council Action Items, which authorized the
City Manager to negotiate and execute a contract with the Durrant Group, Project
Manger Steve Sampson Brown and Assistant City Manager Cindy Steinhauser met with
Durrant to finalize the details of the contract language. During the contract negotiations,
it was determined the initial scope of service, as described in the request for proposal,
was too narrowly defined. It became clear that more detailed knowledge of the building
window, electrical, heating and air-conditioning systems would be required in order to
make cost-effective decisions during the design process.
DISCUSSION
The original long-term capital improvement program for the building was developed
before the City had taken over ownership. The improvement plan was developed using
the best available information which primarily included a 2005 report from Anderson
Design & Consulting along with an energy audit by Alliant Energy. During contract
negotiations with Durrant, it became clear that the Anderson and Alliant reports only
provided cursory information regarding the remaining service life of the various building
components and systems. The reports also did not provide adequate information to
conduct a return-on-investment cost analysis in order to make decisions on how and
when to upgrade or replace any of the major building systems.
As stated in the "Introduction" to the Anderson report, its purpose was to "evaluate the
current condition of the 1934 Federal Building". Now that the City is the long-term
owner and operator of the building, more specific short and long term capital
improvement programs must be developed to ensure the building maintains a standard
of quality that will help attract and maintain lease agreements. Phase I of the capitol
improvement program will require that decisions be made regarding changes to the
major building systems such as: window replacement method; the potential need to
update the electrical service to the renovated areas; and determination if modifications
to the heating and cooling systems will be required to maintain proper room
temperature. To cost estimate the return-on-investment of the various improvement
options to the building systems, studies of the mechanical, electrical, energy and
window systems are recommended. During negotiations a scope was developed for the
needed studies. The negotiated cost for the studies was set at $26,000.
The funding amount budgeted in FY07 to accomplish the initial project goals were
discussed in detail during the contract negotiations. After several rounds of discussions
with Durrant, Economic Development Director David Heiar, Building Services Manager
Richard Russell, Housing Director David Harris, Budget Directors Dawn Lang and
Jenny Larson, Cindy Steinhauser and Steve Sampson Brown, it was agreed that the
budgeted $1,200,000 would not be enough money to achieve the goals of the project.
Durrant reviewed the discussed design goals in detail and proposed an updated total
project budget of $2,000,000. It was agreed by all that this amount may change based
on the information learned after the completion of building system studies.
ACTION TO BE TAKEN
The attached contract has been reviewed by the City Attorney. I request that you
execute the attached contract with Durrant for a total amount of $126,800. This sum
includes a fixed fee of $98,800 based on a $1,210,000 total budget for construction, a
$2,000 allowance for an acoustical consultant, and a fixed fee of $26,000 for the
energy, mechanical, electrical and window studies.
~c:
Steven Sampson Brown, Project Manager
Attachs.
'AIA Document 81411>> -1997 Part 1
Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's SeNices
TABLE OF ARTICLES
1.1 INITIALlNFORMA TION
1.2
RESPONSIBILITIES OF THE PARTIES
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
1.3
TERMS AND CONDITIONS
1A
SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1~ COMPENSATION
AGREEMENT made as of the Twentieth day of October in the year Two Thousand Six
(In words, indicate day, month and year)
BETWEEN the Architect's client identified as the Owner:
(Name, address and other information)
City of Dubuaue
50 West 13th Street
DubUQue. IA 52001
and the Architect:
(Name, address and other information)
The Durrant Grouo. Inc.
700 Locust Street - Suite 942
DubUQue, IA 5200]
For the following Project:
{Include detailed description of Project}
1934 Federal Buildin!! Renovation
Dubuaue Iowa
ArchitecturallEn2'ineerinl! desi!!n and construction administration services for the
followinQ":
General:
1. A 1!eneral assessment of windows. recommendations for method of reoair/restoration.
withemohasis on oreservation rather than reolacement. This survey will be oresented bv
theCitv of Dubuaue to the Park Service for review and aooroval of the architect's
recommendations.
2. Preoaration of olans and soecifications for the conversion of the former courtroom and
iurv deliberation rooms for use as a Dubhc auditorium. City Council chambers. City Cable
8 oroduction facilities and small meetin1! room.
AlA Document B141TM - 1997 Part 1. CopyrIght @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIAt'J Document is protected by U.S. Copyright Law and International Treaties. 1
Unauthorized reproduction or distribution of this AlA. Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:35:41 on 10/23/2006 under Order
NO.1 000263914_2 which expires on 10/13/2007, and is not for resale.
User Notes: (2710556591)
3. Prenaration of nlans and snecifications for the conversion of the former Social Security Administration offices
for use as the offices of the Housinl! and Community Develooment Deoartment.
4, Preoaration of olans and soecifications to address the l!eneral reoair/reolacement/imorovement items as listed in
the ADeI 2005 renort. In addition to items numbered 1-3 above a orioritv will be to brim! the facilitv into
comoliance with accessibility standards.
The items 1-4 have an availahle budget of $1 210 000.00.
The Owner and Architect agree as follows:
ARTICLE 1.1 INITIAL INFORMATION
11.1.1 This Agreement is based on the following information and assumptions.
(Note the disposition for the following items by inserting the requested information or a statement such as "not
applicable." "unknown at time of execution" or "to be determined later by mutual agreement. ")
~ 1.1.2 PROJECT PARAMETERS
~ 1.1~1 The objective or use is:
(Identify or describe, if appropriate. proposed use or goals.)
See detailed descriotion of oroiect above.
~ 1.1.2.2 The physical parameters are:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical
reports about the site.)
~ 1.1.2.3 The Owner's Program is:
(Identify documentation or state the manner in which the program will be developed.)
See detailed descriotion of owiect -above.
~ 1.1.2.4 The legal parameters are:
(Identify pertinent legal infonnation, including, if appropriate, land surveys and legal descriptions and restrictions
of the site.)
11.1.2.5 The financial parameters are as follows.
.1 Amount ofthe Owner's overall budget for the Project, including the Architect's compensation, is:
$1.210.000.00
.2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is:
$1.113.200.00
~ 1.1.2.6 The time parameters are:
(Identify, if appropriate, milestone dates, durations or fast track scheduling.)
11.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method such as competitive bid, negotiated contract, or construction management.)
Comoetitive bid.
AlA Document B141TM -1997 Part 1. Copyright @1917, 1926, 194a, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architecls. All rights reserved. WARNING: This AIAiIll Document is protected by U.S. CopyrIght Law and International Treaties. 2
Unauthorized reproductlon or distribution of this AlAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:35:41 on 10/23/2006 under Order
No.1 000263914_2 which expires on 10/13/2007, and is not for resale.
User Notes: (2710556591)
,
~ 1.1.2.8 Other parameters are:
(Identify special characteristics or needs of the Project such as energy, environmental or historic preservation
requirements.)
~ 1.1.3 PROJECT TEAM
i 1.1.3.1 The Owner's Designated Representative is:
(List name, address and other information.)
David Harris
Housine: and Community Develooment Deoartment
1805 Central Avenue
Dubuque IA 52001-3656
! 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review
the Architect's submittals to the Owner are:
(List name, address and other information.)
11.1.3.3 The Owner's other consultants and contractors are:
(List discipline and, if known, identify them by name and address.)
S 1.1.3.4 The Architect's Designated Representative is:
(List name, address and other information.)
Michael A. Ruden. AlA and
Steve DIstad. AlA
The Durrant Grouo. Inc.
700 Locust Street - Suite 942
Dubuque. IA 52001
~ 1.1.3.5 The consultants retained atthe Architect's expense are:
(List discipline and, ifknown, identify them by name and address.)
NA
~ 1.1.4 Other important initial information is:
S 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of
the Contract for Construction shall be the edition of AlA Document AlOI current as of the date of this Agreement,
or as follows:
S1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in
determining the Architect's compensation. Both parties, however, recognize that such information may change and,
in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and
Change in Services in accordance with Section 1.3.3,
AlA Document B141™ -1997 Part 1, Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Archi1ects. All rights reserved. WARNING: This AJA- Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA- Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:35:41 on 10/23/2006 under Order
No.1000263914_2 which expires on 10/13/2007, and is not for resale.
User Notes: (2710556591)
3
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
~ 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this
Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project
team.
~ 1.2.2 OWNER
t 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information ina timely
manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within
15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give
notice of or enforce lien rights.
~ 1.2.2.2 The Owner shall periodically update the budget for the Project, including tbat portion allocated for tbe Cost
of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget
allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget,
without the agreement of the Architect La a corresponding change in the Project scope and quality.
S 1.2.2~3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the
Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render
decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable
delay in the orderly and sequential progress of the Architect's services.
S 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1.1.3 or authorize
the Architect to furnish them as a Change in Services when such services are requested by the Architect and are
reasonably required by the scope of the Project.
S 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required
by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water
pollution, and tests for hazardous materials.
i 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may
be reasonably necessary at any time for the Project to meet the Owner's needs and interests.
S 1.2.2.7 The Owner shall provide prompt written notice to the ArchitecL if the Owner becomes aware of any fault or
defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service.
~ 1.2.3 ARCHITECT
S 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as
enumerated in Article 1.4.
S 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care
and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the
perfonnance of the Architect's services which initially shall be consistent with the time periods established in
Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include
allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and
for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this
schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner.
~ 1.2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the
Architect's behalf with respect to the Project.
S 1.2.3;4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the
Owner, unless withholding such information would violate the law, create the risk of significant harm to the public
or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall
require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically
designated as confidential by the Owner.
AlA Document B141™ -1997 Part 1. Copyright @1917, 1926, 1948, 1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties. 4
Unauthorized reproduction or distribution of this AIAfIJ Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:35:41 on 10/23/2006 under Order
NO.1 000263914_2 which expires on 10/13/2007, and is not for resale.
User Notes: (2710556591)
i 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept
any employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respect to this Project.
i 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect
shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction
over the Project.
~ 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information
furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes
aware of any errors, omissions or inconsistencies in such services or information.
ARTICLE 1.3 TERMS AND CONDITIONS
~ 1.3.1 COST OF THE WORK
~ 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost
to the Owner of all elements of the Project designed or specified by the Architect.
51.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the
Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of
management or supervision of construction or installation provided by a separate construction manager or
contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for
contingencies shall be included for market conditions at the time of bidding and for changes in the Work,
51.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants,
the costs of the land, rights-of~way and financing or other costs that are the responsibility of the Owner.
~ 1.3.2 INSTRUMENTS OF SERVICE
51.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect
and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect
and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service
and shall retain all common law, statutory and other reserved rights, including copyrights.
5 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce
the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project,
provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under
this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent
with this Agreement. .1\.8:' teFH1iRat:isR sf tRis f.-gresFfleRt flRsr ts s6RlflletisFl Elf tRe Prajeet sRall terFF:LiHate tRia
liseHEe. 1.1J3S8 SlieR tefFHiRatiBR, the O\':Rsr shall refraiR [rBm mal<:iRg flSRAsr rej3rsaNstisRE' sfIRskHmsRts Elf ~er'iee
aRa Bhall retHFR. t8 the ^zf8hitsst \y:itaiR Be' eR aa:,s sften:mRat:i8R all erigiRallJ BRa reflrsaHstiBRS iR thl3 0" Rer's
J38ssessisR sr SSRITel. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing
license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to
authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make
changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and
maintaining the.Project.
5 1.3.2.3 Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or
implied under this Agreement. Tae 0':. Her sRall Ret QSBigR, aelegate, .'lNslis8RaB, J3leage sr 8tReF".ise transfer 88:"
lieeRse grantea RefeiR tEl RRetHer 138Ft:, itRSNt tRe flfief' 'FilteR 8gnemsRt sf tRB :\reRiteet. However, the Owner
shall be permitted to authorize the Contractor, Subcontractors, Sub~subcontractors and material or equipment
suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution
of the Work by license granted in Section 1,3.2.2. 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 af tHe .~8Ritest aRa tRe AfsR-itest'!; S8flsH]taflts. THe O\':Rl2!r BR81l Rst
HllS tRe IRstR:l.fRi:!Rts sf ~ef' iae fer fHtNrs 88.sitisRS Sf alteratisRQ t8 tRia PFejeel ar fer 8tHer f3'rejeets, l:lRleS5 tRE!
o .Rer eBtaiRs tRe flFisr ritteR agresffl8Rt of the Architect and the Architect's consultants. Any unauthorized use of
the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
consultants.
AlA Document 814fT" -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'!! Document is protected by U.S. Copyright Law and International Treaties. 5
Unauthorized reproduction or distribution of this AIA* Document, or any portion of It, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:35:41 on 10/23/2006 under Order
No.1 000263914~2 which expires on 10/13/2007, and is not for resaie.
User Notes: (2710556591)
~ 1.3.2.4 Prier tEl tH8 .~.reHitsst ",ra iel.iRg t8 tBe 0., Rer aft:, IRSH"HmeHt5 af Esr . iet! if! elestfaHie fsnH sr tRe 0\. Rer
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~ 1.3.3 CHANGE IN SERVICES
~ 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be
accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing,
ifrequired by circumstances beyond the Architect's control, or if the Architect's services are affected as described in
Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to
providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner
shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those
services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the
Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described
in Section 1.3.9.2 and Section 1.5.5.
~ 1..3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be
entitled to an appropriate adjustment in the Architect's schedule and compensation:
.1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments
of Service;
.2 enactment or revision of codes, laws or regulations or official interpretations which necessitate
changes to previously prepared Instruments of Service;
.3 decisions of the Owner not rendered in a timely manner;
.4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's
schedule or budget, or procurement method;
.5 failure of performance on the part of the Owner or the Owner's consultants or contractors;
.6 time in excess of eiQ'ht hours for each of the followin!!: oreparation for and attendance at a public
hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party
thereto;
.7 change in the information contained in Article 1.1.
~ 1.3.4 MEDIATION
~1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party.
If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed
in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter
by mediation or by arbitration.
~ 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between
them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction
Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be
filed in writing with the other party to this Agreement and with the American Arbitration Association. The request
may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in
advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60
days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.
~ 1.3.4.3 The parties shaD share the mediator's ree and any filing rees equaDy. The mediation shaD be held in the
place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
mediation shallbe enforceable as settlement agreements in any court having jurisdiction thereof.
~ 1.1.5 . RIlIrRA liON
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E:eetieR 1.:3.4.
AlA Document 8141nl -1997 Part 1. Copyright @ 1917. 1926, 1948, 1951. 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977. 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA1ll Document is protected by U.S. Copyright Law and International Treaties. 6
Unauthorized reproduction or distrIbution of thIs AlA'll> Document, or any portion of It, may result In severe cMI and crimInal penaltfes, and wlll be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09;35:41 on 10/23/2006 under Order
No.1000263914 2 which expires on 10/1312007, and is not lor resale.
User Notes: - (2710556591)
5 1.J.5.2 CIRims, El.iS13H1eS aRB etker matters iR iqH8!3tiSR est.. e8H tAe 13Rrties tHRt are Rst resel' eel B~ mesiatisH sHall
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Be jeifles. CesseRt ts at=I3itrlHieR i8, sl':iRg 88 a8.sitisRal }'lers€lfJ sr sHtit:, skall Ret saRstitl:lte seRBeRt te &FBitnltieH sf
aR~ elaim, ais!3Hte sr etker m.atter iH iqHestiss Het seseri13ea is tae "Fittefl seRBeRt Bf ..ith a }3enl8fl sr BRtil) Ret
RaFReB ar aSBsriBea thereiH, THe feregeing agreemeNt tEl aFBitF8te anEl etRer agreemeRts t8 af13itFate " itk aR
fl8sitisNal )3Bf88R Br BRtit)' al:ll~' 8BRE1@RtBS 18 ~~ flarti@s te tBis ".gn~eR'leRt saall Be s}3sei:HsaJl:, eRfereeasle is
aeSeF8BflSe .;ith &fJfllieaele la.. iN Bfl~ eeHft RaYiNg jYAsElielis8 theree[
51..3.1.5 TR@ an'&fEI fSHaeres B~ the ai=Biti8ter sr Bfl3itTatsI!i BBall Be HRRI, aRB jHSgFReRt ma:, Be BRterea YJ3eR it iH
aeeefS8flSe witH Bf'Ifllie8sle 18 iR aft:, seHFt BR iRgjluisdie1iBfl tkerssf.
~ 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising
out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to aU consequential
damages due to either party's termination in accordance with Section 1.3.8.
~ 1.3.7 MISCELLANEOUS PROVISIONS
i 1.3.7.1 This Agreement shall be governed by the law-Iaws of tliE! 13riRsiJ3al J3lase sf Bl:IsiRess €If tRe .\,rskiteet, HRleEis
alBern'jeB 13re' iaed iA EeetieR 1.1.2.Iowa
i 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA Document A2GI,
General Conditions of the Contract for Construction, current as of the date of this Agreement.
i 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed
to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of
Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of
the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall
such statutes oflimitations commence to run any later than the date when the Architect's services are substantially
completed,
fi 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect
waive all rights against each other and against the contractors, consultants, agents and employees of the other for
damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA
Document A2GI, General Conditions of the Contract for Construction, current as of the date of this Agreement. The
Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of
them similar waivers in favor of the other parties enumerated herein.
i 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
favor of a third party against either the Owner or Architect.
i 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no
responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous
materials or toxic substances in any form at the Project site.
AlA Document B141u1 -1997 Part 1, Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute 01 Architects. All rights reserved. WARNING: This AIA'<!; Document is protected by U.S, Copyright Law and International Treaties, 7
Unauthorized reproduction or distribution of this AIA~ Document, or any portlon of It, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:35:41 on 10/23/2006 under Order
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~ 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the
Project among the Architect's promotional and professional materials. The Architect shall be given reasonable
access to the completed Project to make such representations. However, the Architect's materials shall not include
the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of
the specific information considered by the Owner to be confidential or proprietary. THe O' 'Rer shall f1rs"isB
f1rsFe!35isRal Bresit fer the ,'\rsRiteet in tRe 0" Rer's fJrsffistisRal ff1ateRals fur tRe Pmjeet.
~1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall
be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect
shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the
scope of this Agreement.
~ 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives
of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign
this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an
institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and
obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such
assignment.
~ 1.3.8 TERMINATION OR SUSPENSION
i 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall
be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for
suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to
suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension
of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such
suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and
any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the
remaining services and the time schedules shall be equitably adjusted.
i 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be
compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect
shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The
Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
i 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the
Architect may terminate this Agreement by giving not less than seven days' written notice.
i 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the
other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party
initiating the termination.
i 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the
Architect for the Owner's convenience and without cause.
i 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
defined in Section 1.3.8.7.
i 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include
expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount
for the Architect's anticipated profit on the value of the services not performed by the Architect.
~ 1.3.9 PAYMENTS TO THE ARCHITECT
i 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly
upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's
AlA Document B141TU-1997 Part 1. Copyright @1917. 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA't! Document is protected by U.S. Copyright Law and International Treaties. 8
Unauthorized reproduction or distribution of this AIA<1O Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:35:41 on 10/23/2006 under Order
No.1000263914_2 which expires on 10/13/2007, and is nol for resaie.
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compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on
account of the cost of changes in the Wark other than those for which the Architect has been adjudged to be liable.
~ 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses
incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in
the following Clauses:
.1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and
electronic communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of
Service;
.4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner;
.5 renderings, models and mock-ups requested by the Owner;
.6 expense of professional liability insurance dedicated exclusively to this Project or the expense of
additional insurance coverage or limits requested by the Owner in excess of that normally carried by
the Architect and the Architect's consultants;
.7 reimbursable expenses as designated in Section 1.5.5;
.8 other similar direct Project-related expenditures.
S 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services
performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or
the Owner's authorized representative at mutually convenient times.
11.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the
Project and the portion of the cost of their mandatory and customary conlributions and benefits related thereto, such
as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee
retirement plans and similar contributions.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
11.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect.
This Agreement comprises the documents listed below.
11.4.1.1 Standard Form of Agreement Between Owner and Architect, AlA Document B14l-1997.
11.4.1.2 Standard Form of Architect's Services: Design and Conlract Administration, AlA Document B14l-1997, or
as follows:
(List other documents, if any, delineating Architect's scope of services.)
~ 1.4.1.3 Other documents as follows:
(List other documents, if any, forming part of the Agreement.)
11.4.2 Special Tenns and Conditions. Special terms and conditions that modify this Agreement are as follows:
1.4.2.1 ADA PARAGRAPH
The architect does not warrant this oroiect to be in comoliance with the Americans with Disabilities Act ( ADA) of
1990 as oublished in the Federal Rel!ister June 1990. The ADA is a civil ril!hts act and is subject to lel!al
intemretation throul!h the ludicial orocess. The architect has exercised reasonable care in interoretinQ' the ADA
AlA Document B141™ -1997 Part 1. Copyright @ 1917, 1926. 1948, 1951, 1953, 1958. 1961. 1963, 1966. 1967. 1970, 1974, 1977. 1987 and 1997 by The
American InstitL/te of Architects. All rights reserved. WARNING: This AJA~ Document is protected by U.S. Copyright Law and International Treaties. 9
Unauthorized reproduction or distribution of this AIA~ Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:35:41 on 10/2312006 under Order
No. 1000263914_2 which expires on 10/1312007, and is nollor resale.
User Notes: (2710556591)
Accessibilitv Guidelines for Buildinl!s and Facilities (ADAAG) issued bv the federal Access Board. but cannot
anticioate the intemretation resultinl! from the iudicial orocess.
1.4.2.2 LIMITATION OF LIABILITY
1.4.2.3 ATTORNEYS' FEES
In the event of anv litil!ation arisinl! from or related to this Al!reement or the services Drovided under this
Al!reement the orevailinl! Darty shall be entitled to recover from the nonDrevailinl! oartv all reasonable costs
incurred. includinll staff time. court costs. attorneys' fees and all other related exoenses in such litil!ation.
1.4.2.4 CORNERSTONE/DEDICATION PLAQUE
As Dart oUhe General Terms and Conditions of the Owner/contractor al!reement(sl. the Owner shall call for the
contractor to have fabricated and install a cornerstone and/or dedication olaGue as desil!ned bv Architect.
Dedicationolaoue sizellocation/costlaesthetics will be reviewed and aooroved bv the Owner Drior to fabrication.
1.4.2.5 JOB SITE SIGNAGE
As oart of the General Terms and Conditions of the Owner/Contractor al!reementC s) the Owner shall call for the
Contractor to have fabricated and install iob site sil!nal!e as desil!ned bv Architect.
1.4.2.6 INTELLECTUAL PROPERTY
The Architect retains all intellectual orooertv ril!hts and coovril!hts to this work and derivative works with all
orotections and ril!hts afforded under the United States of America federal coovril!ht laws.
1.4.2.7 PHOTOGRAPHY
The Architect shall have the ril!ht to include reoresentations of the oro;ect desilln and desil!n documents inclusive of
ohotol!raohv of the comoletedoroiect amonl! the Architect's Dromotional and orofessional materials. The Architect
retains the ril!ht to submit the oroiect for consideration in various oublications and award orol!rams.
1.4.2.8 PRESS RELEASES AND PUBLICATIONS
1.4.2.9 BILLING CYCLE
All oavments shall be made to Durrant and are due and oavable Twentv (2m days from the date oUhe invoice.
Accounts for which full oayment is not received within twenty-five (25) days of invoice date shall be assessed a
service charl!e and additional chafl!es every thirty (30) days thereafter at 12% APR.
1.4.2.10 DEFINITION OF HAZARDOUS MATERIALS
As used in this al!reementthe term hazardous materials shall mean any substances includinl! but not limited to
asbestos toxic or hazardous waste PCBs. combustible l!ases and materials. oetroleum or radioactive materials (as
each of these is defined in aoolicable federal statutes) or any other substances under any conditions and in such
auantities as wouldoose a substantial danl!er to oersons or orooertv exoosed to such substances or near the oroiect
site.
1.4.2.11 HAZARDOUS MATERIALS - SUSPENSION OF SERVICES
Both oarties acknowledl!e that the Architects and/or Enl!ineers Scooe of Services do not include any services related
to the oresence of anv hazardous or toxic materials. In the event the Architect and/or Enl!ineer susoects that such
materials may be oresent on or about the iobsite or any adiacent areas that may affect the oerformance of the
Architect and/or Enl!ineer services the Architect and/or Enl!ineer may at its ootion and without liability for
conseauentia.l or anv other damal!es. susoend oerformance of its services under this Al!reement until the Client
retains aooronriate consultants or contractors to identifv and abate or remove the hazardous or toxic materials and
warrants thatthe ;obsite is in full comoliance with all aoolicable laws and rel!ulations. If toxic or hazardous
materials are susoected or found in areas that do not affect the oerformance of the Consultant's services. Owner shall
comoletelv evacuate and seal off the affected area and oroceed with the identification and abatement or removal of
the hazardous or toxic materials in accordance with all aoolicable laws and rel!ulations. and Consultant will oroceed
with the oerformance of its services.
AlA Document B141'""-1997 Part 1. Copyright @1917,1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966.1967, 1970. 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: ThIs AJAIJJJ Document is protected by U.S. Copyright Law and Internatlonal Treaties. 10
Unauthorized reproduction or distribution of this AlAe Document, or any portion of It, may result In severe civil and crimInal penalties, and wlll be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:35:41 on 1012312006 under Order
No.1000263914_2 which expires on 10/13/2007, and is not for resale.
User Notes: (2710556591)
1.4.2.12 HAZARDOUS MATERIALS INDEMNITY
The Client al!rees notwithstandimr any other orovision of this Al!reement to the fullest extent oennitted bv law to
indemnify and hold harmless the Architect an/or Emdneer. its officers. oartners. emolovees and Architect and/or
Emdneer (collectively. Architect and/or Enl!ineer) from and al!ainst any and all claims suits. demands. liabilities.
losses damae:es or costs includine: reasonable attorneys' fees and defense costs arisine: out of or in any way
connected with the detection. oresence. handlinQ: removal. abatement. or disoosal of any asbestos or hazardous or
toxic substances. oroducts or materials that exist on. or about or adiacent to the Proiect site. whether liability arises
under breach of contract or warranty. tort. includin~ nei!lii!ence. strict liability or statutory liability or any other
cause of action exceotfor the sole nel!lil!ence or willful misconduct of the Architect and/or Emdneer.
1.4.2.13 WAIVER OF CLAIMS FOR HAZARDOUS MATERIALS
In consideration of the substantial risks to the Architect and/or En~ineer in renderinl! its services in connection with
the oroiect due to the oresence or susoected oresence of hazardous materials at or near the lobsite. the client acrees
to make no claim and hereby waives to the fullest extent oermitted bv law. any claim or cause or causes of action of
any kind. includinQ but not limited to ne2li2ence breach of contract or warranty. either exoress or imolied. strict
liability or any other causes. ai!ainst the Architect and/or Enl!ineer. its officers. directors. oartners. emolovees or sub-
consultants (collectivelv. Architect and/or EnQ:ineer) which may arise out of or may in any wav be connected to the
oresence of such hazardous materials. The client acknowled2es that the Architect and/or EnQ:ineer is not and shall
not be reauired to be in any way an "arranQer." "Qenerator". or "transoorter" of hazardous materials oresent at or
near the orolect site ali these terms are defined in aoolicable federal or state statutes.
1.4.2.14 JOBSITE SAFETY
Neither the orofessional activities of the Consultant nor the oresence of the Consultant or its emolovees and
subconsultants at a construction/oroiect site. shall relieve the General Contractor of its obliQations. duties and
resoonsibilities includini!. but not limited to construction means methods. seauence. techniaues or orocedures
necessary for oerfonnim! suoerintendinQ and coordinatinl! the Work in accordance with the contract documents and
any health or safety orecautions reauired bv any rei!ulatorv al!encies. The consultant and its oersonnel have no
authority to exercise any control over anv construction contractor or its emolovees in connection with their work or
any health or safety oroQrams or orocedures. The client al!rees that the General Contractor shall be solely
resoonsible for iobsite safety and warrants that this intent shall be carried out in the Client's contract with the
General Contractor. The Client also a2rees that the Client. the Consultant and the Consultant's subconsultants shall
be indemnified bv the General Contractor and shall be made additional insureds under the General Contractor's
nolicies of l!eneralliabilitv insurance.
ARTICLE 1.5 COMPENSATION
fi 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows:
A fixed fee of $98.800.00 based on $1.210.000.00 total oroiect. The fee is based on 8% of the $1 210 000.00 lotal
oroiect and a $2.000.00 allowance for an acoustical consultant.
See attached Exhibit' A' - Rate Sheet
~ 1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall
be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in
this Section 1.5.2, in an equitable manner.
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and
employees, and identify Principals and classify employees, if required. Identify ~pecific services to which particular
methods of compensation apply.)
Additional services will be char2:ed to the client at the followinl! rates:
See attached Exhibit 'A' - Rate Sheet.
See attached Exhibit 'B'.
~ 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of
( ) times the amounts billed to the Architect for such services.
AlA Document B141™ -1997 Part 1. Copyright @1917. 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING~ This AIA~ Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 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 AlA software at 09;35:41 on 10/23/2006 under Order
No.1000!63914_2 which expires on 10/13/2007, and is not for resale.
User Notes: (2710556591)
11
~ 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as
Reimbursable Expenses, the compensation shall be computed as a multiple of ( ) 1.25 times the expenses
incurred by the Architect, and the Architect's employees and consultants.
~ 1.5.5 Other Reimbursable Expenses, if any, are as follows:
~1;5.6 The rates and multiples for services ofthe Architect and the Architect's consultants as set forth in this
Agreement shall be adjusted in accordance with their normal salary review practices.
~ 1.5.7 An initial payment of zero ($ 0.(0) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments
for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis
set forth in this Agreement.
51.5.1 P8)Rlf!.RtS Me SHe aRB flR:' 8Ble ) 88:' s frem tHe aate af tl:ie ~.d'el:iiteet'6 iR', sieB. ^ meMBta MBflaia
Saj B after tHe in, Biee Bate el:iall13ear iHtereet at m.e rate eRteFes lilele' " sr is the KeseRse thereaf at m.e legal rate
flfe .a:i.liRg HeRl ame tEl tiHle at tke flfiHeiflal JlIKee ef lilt:lsiH8!lB shhe :\refiiteet.
61.5.8 AllPavments shall be made to Durrant and are due and oavable twentv%fPavDueAndPavWords (2m davs
from the date of the Architect's invoice. Accounts for which full oavment is not received within 25 davs of invoice
date shall be assessed a service chafl!e and additional char2:es everv 30 davs thereafter at 12% APR
(Insert rate of interest agreed upon.)
oer annum
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws
and other regulations at the Owner's and Architect's principal places of business, the location of the Project and
elsewhere may affectthe validity of this provision. Specific legal advice should be obtained with respect to deletions
or modifications, and also regarding requirements such as written disclosures or waivers.)
~ 1;5.9 If the services covered by this Agreement have not been completed within ( ) meRtRs sf sixtv (60)
davs after the date fleFeef;-of Substantial Comoletion through no fault ofthe Architect, extension of the Architect's
services beyond thattime shall be compensated as provided in Section 1.5.2.
gnature)
Michael A. Ruden
(Printed name and title)
This Agreement entered into as of the day and year first written ab
tU2k:1.el C Va
(Pcy;mem~t~)/ U
"'tV
AlA Document B1411l1l-1997 Part 1. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961. 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties. 12
Unauthorized reproduction or distribution of this AlAe Document, or any portion of It, may result In severe civil and criminal penaltIes, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:35:41 on 10/23/2006 under Order
No.1000263914_2 which expires on 10/13/2007, and is not for resale.
User Notes: (2710556591)
'AIA Document B141~ -1997 Part 2
Standard Form of Architect's Services:
Design and Contract Administration
TABLE OF ARTICLES
2.1 PROJECT ADMINISTRATION SERVICES
2.2 SUPPORTING SERVICES
2.3 EVALUATION AND PLANNING SERVICES
2.4 DESIGN SERVICES
2.5 CONSTRUCTION PROCUREMENT SERVICES
2.6 CONTRACT ADMINISTRATION SERVICES
2.7 FACILITY OPERATION SERVICES
2.8 SCHEDULE OF SERVICES
2.9 MODIFICATIONS
This document has important
legal consequences.
Consultation with an anorney
is encouraged with respect to
its completion or modification.
ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES
i 2.1.1 The Architect shall manage the Architect's services and administer the Project. The
Architect shall consult with the Owner, research applicable design criteria, attend Project
meetings, communicate with members of the Project team and issue progress reports. The
Architect shall coordinate the services provided by the Architect and the Architect's
consultants with those services provided by the Owner and the Owner's consultants.
S 2.1.2 When Project requirements have been sufficiently identified, the Architect shall
prepare, and periodically update, a Project schedule that shall identify milestone dates for
decisions required of the Owner, design services furnished by the Architect, completion of
documentation provided by the Architect, commencement of construction and Substantial
Completion of the Work.
S 2.1.3 The Architect shall consider the value of alternative materials, building systems and
equipment, together with other considerations based on program, budget and aesthetics in
developing the design for the Project.
~ 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the
design of the Project to representatives of the Owner.
S 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate
to the design process for purposes of evaluation and approval by the Owner. The Architect
shall be entitled to rely on approvals received from the Owner in the further development
of the design.
~ 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility
for filing documents required for the approval of governmental authorities having
jurisdiction over the Project.
AlA Document 8141™ -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA~ Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA~ Document. or any portion of It, may result In severe civil and crIminal penalties, and will be
prosecuted to the mS)llmum extent possible under the law. This document was produced by AlA software at 09:42:04 on 10/23/2006 under Order
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1
fi 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK
~ 2~1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary
estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual
estimating techniques. As the design process progresses through the end of the preparation of the Construction
Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Wark. The Architect
shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in
Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work
exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the
Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments.
S 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and
updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design
professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the
Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid
prices, or over competitive. bidding, market or negotiating conditions. Accordingly, the Architect cannot and does
not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from
any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
S 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for
design, bidding and price escalation; to detennine what materials, equipment, component systems and types of
construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the
Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of
the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after
execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be
exceeded, that budget shall be increased accordingly.
S 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction
Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general
level of prices in the construction industry.
S 2.1.7~5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the
Owner shall:
.1
.2
.3
.4
give written approval of an increase in the budget for the Cost of the Work;
authorize rebidding or renegotiating of the Project within a reasonable time;
terminate in accordance with Section 1.3.8.5; or
cooperate in revising the Project scope and quality as required to reduce the Cost of the Work.
S 2.1.7.6 If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation,
shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with
the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's
responsibility under this Section 2.1.7. The Architect shall be entitled to compensation in accordance with this
Agreement for all services performed whether or not construction is commenced.
ARTICLE 2.2 SUPPORTING SERVICES
S 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner
or the Owner's consultants and contractors.
S 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria,
including space requirements and relationships, special equipment, systems and site requirements.
t 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations
for the site of the Project, and a written legal description of the site. The surveys and legal information shall include,
as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage;
rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and
AlA Document B141™-1997 Part 2. Copyright @1917,1926,1948, 1951.1953. 1958, 1961, 1963, 1966. 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA"" Document is protected by U.S. Copyright Law and International Treaties. 2
Unauthorized reproduction or distribution of this AlA"" Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:42:04 on 10/23/2006 under Order
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User Notes: (1747580789)
information concerning available utility services and lines, both public and private, above and below grade,
including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
~ 2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test
borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground
corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports
and appropriate recommendations.
ARTICLE 2.3 EVALUATION AND PLANNING SERVICES
~ 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this
Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in
terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements
of the Project and shall notify the Owner of any other information or consultant services that may be reasonably
needed for the Project.
~ 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the
information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost
of the Work.
S 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall
notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time
requirements, and the scope of the Project.
ARTICLE 2.4 DESIGN SERVICES
~ 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering
services.
~ 2.4.2 SCHEMATIC DESIGN DOCUMENTS
~ 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program,
schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project
illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a
conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's
option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or
combinations of these media. Preliminary selections of major building systems and construction materials shall be
noted on the drawings or described in writing.
~ 2.4.3 DESIGN DEVELOPMENT DOCUMENTS
S 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design
Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and
describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance
of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The
Design Development Documents shall include specifications that identify major materials and systems and establish
in general their quality levels.
~ 2.4.4 CONSTRUCTION DOCUMENTS
fi 2A.4.1 The Architect shall provide Construction Documents based on the approved Design Development
Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the
requirements for construction of the Project. The Construction Documents shall include Drawings and
Specifications that establish in detail the quality levels of materials and systems required for the Project.
S 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the
development and preparation of: (1) bidding and procurement information which describes the time, place and
conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor;
and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The
Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and
Specifications and may include bidding requirements and sample forms.
AlA Document 8141T'" -1997 Part 2. Copyright @1917, 1926, 1948, 1951, 1953. 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties. 3
Unauthorized reproduction or distribution Of this AIA~ Document, or any portion of It, may result In severe civil and criminal penalties, and will be
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ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES
12.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall
assist the Owner in awarding and preparing contracts for construction.
12.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors.
12.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the
successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or
contractors of the bid or proposal results.
~ 2.5.4 COMPETITIVE BIDDING
12.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and
Supplementary Conditions, Specifications and Drawings.
fi 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents
for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse
the Architect for such expenses.
fi 2.5A.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and
request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and
retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders.
fi2.5.4.4 The Architect shall consider requests for substitutions, if pennitted by the Bidding Documents, and shall
prepare and distribute addenda identifying approved substitutions to all prospective bidders.
fi 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre-bid
conference for prospective bidders.
fi 2.504.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and
interpretations of the Bidding Documents to all prospective bidders in the form of addenda.
fi 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the
bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner.
~ 2.5.5 NEGOTIATED PROPOSALS
S 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract fonus, General Conditions
and Supplementary Conditions, Specifications and Drawings.
S 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Proposal
Documents for distribution to prospective contractors. The Owner shall pay directly for the cost of reproduction or
shan reimburse the Architect for such expenses.
fi 2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection interviews with
prospective contractors.
fi2.5.5.4 The Architect shall consider requests for substitutions, if pennitted by the Proposal Documents, and shall
prepare and distribute addenda identifying approved substitutions to all prospective contractors.
fi 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with prospective
contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the
Owner.
ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES
~ 2.6.1 GENERAL ADMINISTRATION
S 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set
forth below and in the edition of AlA Document A20I, General Conditions of the Contract for Construction, current
as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the
AlA Document 8141TU -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961. 1963, 1966. 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA~ Document is protected by U.S. Copyright Law and International Treaties. 4
Unauthorized reproduction or distribution of this AIAf!J Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:42:04 on 10/23/2006 under Order
No.10Q0263914_2 which expires on 10/13/2007, and is not for resale.
User Notes: (1747580789)
Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this
Agreement or approved in writing by the Architect.
fi 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement
commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the
final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with
Section 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the
Work.
fi 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision
of the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the
extent provided in this Agreement unless otherwise modified by written amendment.
12.6.1.4 Duties, responsibilities and limitations of authority ofthe Architect under this Article 2.6 shall not be
restricted, modified or extended without written agreement of the Owner and Architect with consent of the
Contractor, which consent will not be unreasonably withheld.
~ 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information
about the Contract Documents. A properly prepared request for additional information about the Contract
Documents shall be in a fonn prepared or approved by the Architect and shall include a detailed written statement
that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification
requested.
12.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and
distribute supplemental Drawings and Specifications in response to requests for information by the Contractor.
12.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor
under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The
Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with
reasonable promptness.
~ 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor,
shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in
good faith.
12.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the
Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters
relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.
~ 2.6.2 EVALUATIONS OF THE WORK
12.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the
Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become
generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work
completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in
general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in
accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control
over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or
for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and
responsibilities under the Contract Documents.
fi 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most
recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the
Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The
Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or
AlA Document B1411M -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIAfl!; Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA<I!J Document, or any portion of It, may result In severe civil and crimJnal penalties, and will be
prosecuted to the maximum extent possible under the Jaw. This document was produced by AlA software at 09:42:04 on 10/23/2006 under Order
NO.1 000263914_2 which expires on 10/13/2007, and is not for resale.
User Notes: (1747580789)
5
charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons or entities performing portions of the Work.
i 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress.
i 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters
arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall
be through the Architect.
~ 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or
testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is
fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith
either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities
performing portions of the Work.
~ 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR
S 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for
Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner,
based on the Architect's evaluation ofthe Work as provided in Section 2.6.2 and on the data comprising the
Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the
Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract
Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to
correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications
expressed by the Architect.
~ 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to
payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum.
~ 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment.
~ 2.6.4 SUBMmALS
i2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals
such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance
with information given and the design concept expressed in the Contract Documents. The Architect's action shall be
taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor
or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate
review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of
other details such as dimensions and quantities, or for substantiating instructions for installation or performance of
equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract
Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component.
i 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
accordance with the requirements of the Contract Documents.
~ 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or
equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify
appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals
AlA Document B141TM-1997 Part 2. CopyrIght @1917, 1926, 1948, 1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The
American Institute 01 Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. 6
UnauthorIzed reproduction or distribution of this AIA@ Document, or any portlon of It, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:42:04 on 10/23/2006 under Order
No.1 000263914_2 which expires on 10/1312007, and is not for resale.
User Notes: (1747580789)
related to the Work designed or certified by the design professional retained by the Contractor shall bear such
professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the
adequacy, accuracy and completeness of the services, certifications or approvals performed by such design
professionals.
~ 2.6.5 CHANGES IN THE WORK
S2.6~5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval
and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work
not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the
intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and
Specifications to describe Work to be added, deleted or modified, as provided in Section 2.8.2.
S 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the
Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the
Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a
reasonable determination without extensive investigation or preparation of additional drawings or specifications. If
the Architect determines that requested changes in the Work are not materially different from the requirements of
the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the
Owner that the requested change be denied.
S 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change
to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a
recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization,
and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and
time that might result from such change, including any additional costs attributable to a Change in Services of the
Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other
appropriate documentation for the Owner's execution or negotiation with the Contractor.
S 2.6.5.4 The Architect shall maintain records relative to changes in the Work.
~ 2.6.6 PROJECT COMPLETION
S 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the
date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and
records, written warranties and related documents required by the Contract Documents and assembled by the
Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work
complies with the requirements of the Contract Documents.
62.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check
conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and
completeness of the list submitted by the Contractor of Work to be completed or corrected.
S 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the
balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final
completion or correction of the Work.
S 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties,
if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts,
releases and waivers of liens or bonds indemnifying the Owner against liens.
ARTICLE 2.7 FACILITY OPERATION SERVICES
S 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after
Substantial Completion to review the need for facility operation services.
S 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion,
the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the
facility operations and performance and to make appropriate recommendations to the Owner.
AlA Document B141™_1997 Part 2. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974.1977.1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA"" Document is protected by U.S. Copyright Law and International Treaties. 7
Unauthorized reproduction or distribution of this AIAolIl Document. or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:42:04 on 10/23/2006 under Order
NO.1 000263914_2 which expires on 10/13/2007, and is not for resale.
User Notes: (1747580789)
ARTICLE 2.8 SCHEDULE OF SERVICES
~ 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect
as a Change in Services in accordance with Section 1.3.3:
.1 up to Two ( L) reviews of each Shop Drawing, Product Data item, sample and similar submittal of
the Contractor.
.2 up to f--+Twentv (20) visits to the site by the Architect over the duration of the Project during
construction.
.3 up to f--1-Qne (1) inspections for any portion of the Work to determine whether such portion of the
Work is substantially complete in accordance with the requirements of the Contract Documents.
.4 up to t---+Qne (1) inspections for any ponion of the Work to determine final completion.
.5 un to fourteen(l4) rneetio2:(s) durin!! desil!o and ten nO) meetinl!s durine construction.
t 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change
inServices in accordance with Section 1.3.3:
.1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the
Architect;
.2 responses to the Contractor's requests for information where such information is available to the
Contractor from a careful study and comparison of the Contract Documents, field conditions, other
Owner-provided information, Contractor-prepared coordination drawings, or prior Project
correspondence or documentation;
.3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the
preparation or revision of Instruments of Service;
.4 providing consultation concerning replacement of Work resulting from fire or other cause during
construction;
.5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or
others in connection with the Work;
.6 evaluation of substitutions proposed by the Owner's consultants or contractors and making
subsequent revisions to Instruments of Service resulting therefrom;
.7 preparation of design and documentation for alternate bid or proposal requests proposed by the
Owner; or
.8 Contract Administration Services provided 60 days after the date of Substantial Completion of the
Work.
t 2.8.3 The Architect shall furnish or provide the following services only if specifically designated:
Services Responsibility Location of Service Description
(ArchRect, Owner or
Not Provided}
.1 Pronramminn Owner
.2 Land Survev Services Owner
.3 Geotechnical Servic;es Owner
.4 Snace Schematics/Flow Diacrams Not Provided
.5 Existinn Facilities Surveys Owner
.6 Economic Feasibility Studies Owner
.7 Site Analvsis and Selection Not Provided
.8 Environmental Studies and Reoorts Owner
.9 Owner-Suoolied Data Coordination Owner
.10 Schedule Development and Monitorino Architect
.11 Civil Desion Not Provided
.12 Landscaoe Design Not Provided
.13 Interior Desion Architect
.14 Soecia! Bidding or Neootiation Owner
.15 Value AnalYSis Not Provided
.16 Detailed Cost Estimatino Architect
.17 On-Srte PrOJect Reoresentation Not Provided
AlA Document 8141TM -1997 Part 2. CopyrIght ~ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute 01 Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties. 8
Unauthorized reproductIon or distribution of this AJA~ Document, or any portion of It, may result In severe cIvil and criminal penalties, and witt be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:42:04 on 10/23/2006 under Order
No.1000263914_2 which expires on 10/13/2007, and is not for resale.
User Notes: (1747580789)
Services
;18
.19
.20
.21
.22
.23
Responsibility
(Arch~ect. Owner or
Not Provided
Not Provided
Not Provided
Architect
Architect
Not Provided
Architect
Location of Service Description
$2,000 allowance for review of
acoustics in courtroom by an
acoustics consultant.
.24
.25
Description of Services.
(Insertdescriptions of the services designated.)
ARTICLE 2.9 MODIFICATIONS
~ 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are
as follows:
By its execution, this Standard Form of Architect's Services: Din
hereto are incorporated into the Standard Form of Agreement B t e
B 141-1997, th t was entered into by the parties as of the date: e t
~ .
Iv
c el c.
(Printed name and title)
c.~ m{) fl / ef'
LiQN
ct Admini tration and modifications
. ect, AlA Document
(1./
Signature)
Michael A. Ruden. AI . Princioal
(Printed name and title)
AlA Document 8141T.. -1997 Part 2. Copyright ~ 1917, 1926, 1948. 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute 01 Architects. All rights reserved. WARNING: This AIA~ Document is protected by U.S. Copyright Law and International Treaties. 9
Unauthorized reproduction or distribution of this AlA"" Document, or any portion of It, may result In severe civil and criminal penalties, and witt be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:42:04 on 10/23/2006 under Order
NO.1 000263914_2 which expires on 10/13/2007. and is not for resale.
User Notes: (1747580789)
EXHIBIT 'A'
Dubuque
FY06 Hourly Rate Schedule
Classification
Managing Principal
Hourly Rate
$165.00
Director of Structural Engineering
$165.00
Principal
$130.00
Project Manager
$95.00
Architect I
$80.00
Architect II
$95.00
Mechanical Engineer
$105.00
Electrical Engineer
$105.00
Structural Engineer
$105.00
Civil Engineer
$105.00
Construction Project Manager
$80.00
Designer I
$65.00
Designer II
$75.00
Designer III
$85.00
Designer IV
$95.00
Cost and Schedule Manager
$80.00
Specification Writer
$85.00
Interior Designer
$75.00
Technician
$45.00
Administrative
$90.00
Clerical
$55.00
Durrant
2/10/06
1
Exhibit 'B'
Date:
Client:
Address:
Billing Address:
Contm'! Name/Title:
Phone:
F=
Email:
Consultant:
Address:
Contact Name/Title:
Phone:
Fax:
Emml:
Proiect
October 20, 2006
City of Dubuque
50 West 13'" Street
Dubuque, LA 52001
Same
Steve Brown
563.589.4272
563.589.4205
s brown@cityofdubuque.org
The Durrant Group, Inc.
700 Locust Street, Suite 942
Dubuque, LA 52001
Michael A. Ruden, AL-\, Principal
563.583.9131
563.557.9078
rnruden@durrant.com
1934 Federal Building Mechanical, Electrical, and Energy Exterior Window Study.
Dubuque, Iowa
Project Description
. Energy Study
. Mechanical! electrical upgrade study.
. Full building exterior window study.
. Long term budgeting plan.
City of Dubuque
October 20, 2006
Page 2 of 5
Scope of Basic Services
Mechanical! Electrical Upgrade Studv
. Survey existing building to identify existing HV AC systems and locations.
. Survey existing building to identify existing electrical systems and locations.
. Evaluate condition of existing mechanical equipment.
. Evaluate condition and expandability of existing electrical systems.
. Document HV AC system equipment: size, capacity and areas served.
. Prepare report identifying work required to upgrade mechanical and electrical systems.
Energy Study
. Review existing building plans.
. Identify existing HV AC system types and locations.
. Develop base energy model and building loads for existing HV AC system.
. Develop energy model for replacement HV AC system consisting of multi-zone air
handling units with boilers and chillers (System Type #1).
. Develop energy model for replacement HV AC system consisting of V A V air handling
units with boilers and chillers (System #2).
. Develop energy model for replacement HV AC system consisting of water-to-water and
air-to-water heat pumps with shallow water production well (System Type #3).
. Evaluate outcome of energy models.
. Prepare cost estimates for various HV AC systems.
. Prepare Life Cycle Cost Analysis (LCCA) using data from energy model to evaluate
systems providing greatest potential for payback.
. Present fInal results of study to owner.
. Owner 'Will need to provide rates for gas and electrical utilities.
. Owner will need to provide copies of gas and electric bills for the previous year.
Full Building- Exterior Window Study
. Inspect each window from the exterior and interior of the building.
. Grade each window for exact condition.
. Evaluate all windows and determine if they can be repaired/replaced without extensive
damage to the exterior or interior of the building.
. Develop proposal for replacement/repair of all windows including the spandrel panel.
Long- Term Budg-eting- Plan
. Prepare statement of probable cost for mechanical and electrical system upgrades
identified in the mechanicaI! electrical study.
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City of Dubuque
October 20, 2006
Page 3 of 5
o Scenario #1: Develop statement of probable cost for HV AC System #1
identified in energy study based on owner provided detailed construction
rimeline.
o Scenario #2: Develop statement of probable cost for HV AC System #2
identified in energy study based on owner provided detailed construction
rimeline.
o Scenario #3: Develop statement of probable cost for HV AC System #3
identified in energy study based on owner provided detailed construction
rimeline.
. Owner to provide detailed construction timeline.
. Prepare statement of probable cost for window replacement/repair.
The basic scope of services includes two meeting(s) during the srudy.
Compensation for Basic Services
The Consultant will be compensated for the basic services based on a fixed fee of twenty-six
thousand dollars ($26,000.00).
Additional services will be charged to the client per the attached Rate Schedule (Exhibit A).
Reimbursable Expenses
Reimbursable expenses will be billed at 1.25 rimes the cost to Durrant. These expenses
include but are not limited to the following:
. Expense of transportation in connection with the project at the current IRS rate per
mile for auto; lodging and per diem expenses in connection with out-DE-town travel;
long-distance and electronic communications; postage and express delivery.
. Expense of reproduction including CD ROMs, mylar sepias, photographs, specifications
and other documents, excluding reproductions for Durrant office use.
. Expense of models, renderings, or computer generated visualizations/ animations,
beyond those agreed to as part of the scope of work.
Client's Responsibility
. The Client shall make available to the Consultant full information on the Client's intent
with regard to the project requirements.
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City of Dubuque
October 20, 2006
Page 4 of 5
. The Client will keep the Consultant advised of any changes to the project requirements
that may affect the Consultant's work.
. The Client will make available to the Consultant plans, layouts, drawings, reports, etc. of
existing building and survey of properties.
Supplementaty Additional Services
(To be provided fry the Consultant onlY upon dim! authorization fry the Client)
. Services and/or consultation not specified and/ or in excess of those indicated in the
Scope of Basic Services.
. Revisions to previously approved drawings and documents.
. Meetings, conferences, and field trips in excess of those included within Basic Services,--
Outside Consultants
. \V'hen professional consultants outside the Durrant staff are required, their services will
be billed to the client at 1.15 times the amount billed to Durrant.
Other Conditions
. Ownership of Instruments of Service. All reports, drawings, specifications, computer
flies, field dara, noteS and other documenrs and instruments prepared by the Consultant,
as instruments of service shall remain the property of the Consultant. The Consultant
shall retain all common law, statutory and other reserved rights, including the copyright
thereto.
. ADA. The Architect does not warrant this project to be in compliance with the
Americans with Disabilities Act (ADA) of 1990 as published in the Federal Register,
June 1990. The ADA is a civil rights act and is subject to legal interpretation through
the judicial process. The Architect has exercised reasonable care in interpreting the
ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) issued by the
federal Access Board, but cannot ~nticipate the interpretation resulri.rig from the judicial
process.
. Limitation of Liability. Neither the Architect (Engineer or Construction Manager),
the Architect's (Engineer or Construction Manager) consultants, nor their agents or
employees shall be jointly. severally or individually liable to the Owner in excess of the
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City of Dubuque
October 20, 2006
Page 5 of 5
compensation (or a specific amount that is less than the current policy amount) paid
pursuant to this Agreement by reason of any act or omission including breach of
contract or negligence not amounting to a willful or intentional wrong.
. Attorneys' Fees. In the event of any litigation arising from or related to this Agreement
or the services provided under this Agreement, the prevailing party shall be entitled to
recover from the nonprevailing parry all reasonable costs' incurred, including staff time,
court costs, attorneys' fees and all other related expenses in such litigation.
. Intellectual Property. The Architect retains all intellectual property rights and
copyrights to this work and derivative works with all protections and rights afforded
under the United States of America federal copyright laws.
. The terms and conditions set forth in this Agreement shall be in effect for a period not
to exceed si." (6) calendar months frorn the date of acceptance. In the event that terms
and conditions of this Agreement have not been completed in that time, the terms of ...
this Agreement shall become negotiable by both parties.
. The parties agree that there shall be no assignment of this contract unless mutually
agreed upon in writing.
. This Agreement may be terminated by either party upon seven (1) days written notice
should the other party fail substantially to perform in accordance with its terms through
no fault of the party initiating the termination. The Consultant shall be due
compensation and reimbursable expenses up to date of notification of termination. The
laws of the States of Wisconsin and Iowa shall govern this.Agreement.
Payment
. All payments shall be made to Durrant and are due and payable 20 days from the date of
the invoice. Accounts for which full payment is not received within 25 days of invoice
date shall be assessed a service charge and additional charges every 30 days thereafter at
12% APR.
Please let me know if you wish additional information or clarification of our proposal. If
you are in agreement with and wish to authorize us to proceed with the project as delineated
herein, please return one signed copy to our office.
We sincerely appreciate your consideration of our firm. We look forward to helping you
with this challenging and important project.
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