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99-748�3R�t�G�I�A�. Council File # _g_g - n�� Green Sheet # b ��ey� RF.C(1T,TTTTnN Presented By Referred To 10 11 12 13 14 15 lb 17 18 19 20 21 22 Committee: Date WHEREAS, the Saint Paul Public Library has selected through an RFP process the firm of Cost, Plamiiug & 1Vlanagement, International [CPMI] to provide construction management services for the Cental Library renovation and addirion project; and WHEREAS, the Saint Paul Public Library has also selected through an RFP process the firm of Meyer, Scherer & Rockcastle, Ltd. [MSR] to provide azchitechxral services for the Cental Library renovation and addition project; and WHEREAS, the terms of the draft contract with MSR provide for an indemnification of MSR for claims which might azise from existing building condifions or existing subsurface conditions relafing to asbestos removal or unforeseen building conditions and that CPMI has recommended that such indemnification provisions be extended to MSR given the unique building issues surrounding the Cental Library renovation and addition project; NOW, THEREFORE, BE IT RESOLVED, that the Council of the Ciry of Saint Paul agrees to indemnify and hold harmless Meyer, Scherer & Rockcastle, Ltd. to the extent provided in the draft contract entitled "Terms and Conditions of Agreement Between Owner and Architect" subject to the provisions of Minn. Stat. Chap. 466. Requested by Department of: L�6k,(�t2/L �- By: (�i�/L !//�U�G%�G�' Adopted by Council: Date ��,�.� \ Adoption Certified by Council Se etary sy:' `�� '- � //�� Approved by Mayor: Date �.1�' ��T77 By: Form Approved by City Attorney B �.�d✓!./��-- 7/�/?S - •�� !��I�/ � � � _ � �''. L 9°t-��i8' DEPARTMENT/OFFICFJCOUNCII.: ' DATE INITIATED GREEN SHEET No.• 09642 Libraries 7uly 12, 1999 ' CONTACT PERSON & PHONE: q snnavnATE nvm.�i/D�+TL Lee Williamson 266-7080 ASSIGN 1 DEPARI'bff.NT DIIt �/12 CITY COUNCII, NU31iBER FOR 2 CITY ATTORNEY 7/8 4 CITY CLERK MUST BE ON COUNCII, AGENDA BY (DATE) ROUTING ORDER F7NANCIALSERVDII2 FINANCIALSERVICES/ACCf 3 MAYOR (OR ASST.) HIJMAN RIGH1'S TOTAL # OF SIGNATIIRE PAGES 1 (CLIP ALL I.00ATIONS FOR SIGNATi7RE) ncriox �QVESZEn: Approval of Council Resolution agreeing to indemnify and hold harmless Meyer, Scherer & Rockcastle, Ltd (architectural firm for the Central Library Renovation Project) to the ex#ent provided in the draft conuact. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAI. SERVICE CON'[RACTS MUST ANSWER TRE FOLLOWING QUEST70NS: PLANNING COMMISSION _CIVIL SERVICE COMMISSION I. Has tlils persoNfum ever worked under a convac[ for this depazlmrnt? CIB COMMITTEE STAFF _ 2. Has Atis perso�✓firtn ever been a city employee? DISTRICT COURT � ^ � 5, ,, SUPPORTS WHICH COiJNCIL OBJECTIVE? 3. Does this person/Srtn possess a skill not nmmally possessed by any . � � ^ �,y�{!, <._; �.�- -- employee? �(}(;..�"'"'- 4. Is this person/fum atargeted vendor? Explain ali yes answers on separafe sheet and atfach to green sh�� INITIATING PROBLEM, ISSUE, OPPORTi7NITY (WLo� R7�at Wheq Where. Why): CPMI (Cost, Planning & Management , Intemational) has been selected through an RFP process to provide construction management services to the Saint Paul Public Library for the Central Library renovation and has recommended to the City that it agree to indemnify MS&R in regard to existing building conditions or e3cisting subsurface conditions relating to asbestos removal or unforeseen building conditions. ADVANTAGES IF APPROVED: The City will be able to groceed with the architectural contract with MS&R and begin the Central Library renovation project. ,,,, � 199 • 4 3 w .�Y ••• .. DISADVANTAGES IF APPROVED: Ivone. JUL 2 � 1999 DISADVAN'PAGES IF NOT APPROVED: The City will not be able to complete an agreement with the azchitectural firm that was selected through an RFP process. The project will be delayed. --- -- • TOTAL AMOUNT OF TRANSACl'ION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVIY'Y NUMBER: FINANCIAI, INFORMATION: (EXPLAI� RFGEIVED JU� 1 2 1999 , C\WPDOCS�CPMI CENGRN 9�j- �SfB DEPARTMEIV'i'/OFFICF/COiJPICIL. Libraries CONTACT PERSON & PHONE: Lee Williamson 266-7080 btUST BE ON COiJNC[L AGENDA BY (DATE) DATE IhTT1-4TED I GgEEN SHEET July 29, 1999 b ASSIGN NUMBER FOR ROUTING ORDER JhTIIAIlDA7E 1 DEP,ARTMENT DIR 7/12 2 CITY ATTORNEY FINANCIAL SERV DIR No.: 09633 7[i1TTpIlDATE crrY courrcn. CITY CLERK 5 FINANCIALSERVICES/ACCT 4 HUMAN TOTAL # OF SIGNATURE (CLIP ALL LOCATIONS FOR SIGNATiIRE) ncriox �QuasTen: Approval to contract for Architectural/Engineering Services from Meyer, Scherer & Rockcastle, Ltd. (MSR) for the renovation and addition of the Central Library. RECOMMENDATIONS: Approve (A) or Rzject (R) pLANNINGCOMMIS5ION _CIVILSERVICE COMMISSION CIB COMMITTEE _ STAfF — DiS1RICT CAiJKT SUPPORTS WHICH COUNCILOBJECTIVE? PERSONAL SERVICE CONTRACi'S MUST ANSWER THE FOLLOWINC QUFSTIONS: 1. Has this person/fiim ever worked under a contracl for this departmert? yes, MSR wu the arcfiitecturel fvm for Meiriam Park Library 2. Has this person/fvm ever bern a ciTy employea? No 3. Does th�s persodfirtn posteexss a skill not nortnally possested bY anY cun'e"t rity employee? . yes, they have ihe expertise and ezperience to handle a major renovation pmjecl 4. Is this person/firtn a targeted ve�dor? No Ezplain all yes e�swe�s on sepa�'ate sheet and attach to green sheet INITIATING PROBLEM.ISSUE, OPPORTUNTTY (Who, �Yha4 ��'hen, Whem, �Vhy): MSR has been selected to provide architecturaUengineering services to the Saint Paul Public Library for the Central Library renovation and addition project. The project will be phased over a number of years. � ADVANTAGES IF APPROVED: MSR did a predesign schematic plan and constructed a model in 1989 for the Central Library so they are very familiar with this building. MSR was selected by the design selection committee, formed with library staff. DISADVANTACESIF APYROVEB: None DISADVANTAGES TF NOT APPROVED: If not approved, we would not be able to TOTAL AhtOUNT OF TRANSACI'ION: S 598,303 FUNDING SOURCE: 1998 CIB and 1999 CIB FINANCL4L INFORMATION: (EXPLAI� �� 31 o L` {'E �f� -ss��- with the COSC/REVENUE BUDGETED: Yes ACCIVITYNUMBER: CPLC98-3T515 CPL C99-3T516 CiCta��i �SS�GiG�i �a��;�"s . „.-,� �J�� , _� 99- ��fg � Standard Form of Agreement Between Owner and Architect Where the Construction Manager is NOT a Constructor - Construction Manager - Adviser Edition AIA Document B141/CMa - Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION Wl'1'H AN ATLORNEY IS ENCOiTRAGED WITH RESPECC TO TTS COMPLETIONOR MODIFICATIONAUTAEN"IICATIONOF THIS ELEC7'ROHICALLY DRAFCED AIA DOCUMENL MAy BE MADE BY USING AIA DOCUT�IQdT D401. 1'his docmnenT is iatended w be used "m wnjunction with the 1992 editions of AIA Documen[s B801/CMa, A101/CMa, and A201/CMa Copyright 1975,1980,1992 by The American Instinrteof Architecfs, I735 New York Avenue, N. W.Washingtoq D.C. 20006-5292. Reproduction of the mazerial hesein a substantial quotation o£ its provisionc witltoutthe written peimissionof the AlAviolates the copyright ]aws o£ the I3nitedSTates aud wilkubjec[ the violazor to legal prosecss[ion. AGREEMENT made as of the 12th day of Mav in the yeaz of 1999 (Irs wordr, indicate day, month and yem.) BETWEEN the Owner: (Name <md oddress) - Saint Paut Public Librarv 90 West Fourth Sffeet Saint Paul, MN 55102 and the Architect: (Name and address) Mever, Scherer & Rockcastle. Ltd. I 19 North 2nd Street IvTinneauolis, MN 55401 for the following Projed: (Imclude detailed descripdon ojProject, Zocation, address and scope.) Saint Paul Central Librazv Renovarion The Construction Manager is: (Nmne and address) Cost, Plannine & Manaeement Internarional. Inc. (CPMn 2850 Metro Drive, Suite 329 Bloomineton. MN 55425 The Owner and Arclutect a�ee as set forth below. A[A DOCUMENT 8141/CMa - OWIiER-ARCI�IlTECT AGREEMEN"I - CONSTRUCLiON MANAGER-ADVISER EDTTION - 1992 EDITION - ASA - COPYRIGFiT 1992 - THE AMERICAN INSIITUTE OF ARCHI"I'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecufion. ElecironicFormat B141/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7t7/1999 — Page #1 99- ?�f � TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER E1ND ARCHITECT ARTICLE 1 and construcrion budget fisnished by the Owner to ascertain ARCHITECTS RESPONSIBILITIES the requirements of the Project and shall arrive at a mutual 1.1 ARCHtTECTS SERVICES understand'mg of such requirements with the Owner. 1.1.1 The ArchitecPs services consist of those services performed by the Architut, ArchitecYs employees and ArchitecPs consultants as en�erated in Acticles 2 and 3 of this Ageement and any other services included in Article 12. 2.2.2 The Architect shall review with the Owner and Construction Manaaer proposed site use and improvements; selection of materials, buildin� systems and equipment; and methods of Project delivery. 1.7.2 The ArchitecYs services shall be provided in conjunction with the services of a Construction Manager as described in the edirion of AIA Document B801/CMa, Staudazd Form of A�eement Between Owner and Conshuction Manager, current as of the date of tlus Agreement. 1.7.3 The ArchitecYs services shall be performed as expedi6ously as is consistent with professional skill and caze and the orderly progress of the Work. The Architect shall submit for the Owner's approval and the Construction Manager's informarion a schedule for the performance of the ArchitecPs services which may be adjusted as the Project proceeds, and shall include aliowances for periods of time required for the Owner's and Construction Manager's review and for approval of submissions by authoriries having jurisdicrion over the Project Time limits eshblished by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.7.4 The services covered by this Ageement aze subject to the time limitations contained in �� Exhibit A- Construction Manaeement Plan. ARTICLE 2 SCOPE OF ARCHITECTS BASIC SERVICES 2.1 DEFINITION 2.1.1 The ArchitecYs Basic Services consist of those described in Paragraphs 22 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal shuctural, mechanical and electrical engineering seroices. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program, schedule 2.2.3 The Architect shall review with the Owner and Construction Manager altema6ve approaches to design and conshuction of the Project 2.2.4 Based on the mutually a�eed-upon pm�am, schedule and construction budget requ'uements, the Architect shall prepaze, for approval by the Owner, Schemaric Desi� Documents consisting of drawings and other documenu illushating the scale and relarionship of Project componenu. 2.2.5 At intervals appropriate to the progress of the Schemaric Design Phase and mutually agreeable to the Owner, Construction Manager and Arclutect, ffie Architect shall provide schema6c design studies for the Owner's review and the Construction Manager's information. 2.2.6 In the fiuther development of the drawings and specificarions during this and subsequent phases of design, the Architect shall review e€ -the estimates of Construction Cost which aze to be provided by the Construction Manager under the Consh�uction Manager's agreement with the Owner. 2.2.7 Upon completion of the Schematic Design Phase, the Rrchitect shall provide drawings, outline specifica6ons and other documenu for the Owner's approval and the Construcrion Manager's informarion saris ' the Desi Document Reauirements in E�ibit A- Construcrion Manaeement Plan. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedute or construction budget, the Architect shall prepaze Design Development Docuwents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall be based upon AIA DOCi1MENT B141/CMa - OWNER-ARCHI'I'ECT AGREEMBNT - CONSIRUCTION MANAGER-ADVISER EDITfON - 1992 EDIT[ON - AIA - COPYRIGHT 1992 - THE AMERICAN INS1TT01'E OF ARCIIITECTS, 1735 NEW YORK AVEN[JE N.W., WASHHVGTON, D.C. 20006-5292.; Unlicensed photocopying violazes U.S. wpyright laws and is subject to legal prosecution. Elech Format B141/CMa-1992 User pocument: 82426141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #2 99-�� data and estimates prepazed by the Construction Manager and shall consist of drawings and other documents that establish and describe the size and character of the Project as to azchitectural, shuctural, mechanical and electrical systems, materiaLs and such other elements as may be appropriaYe. 2.3.2 At intervals mutually a�reeabie to the Owner, Construction Mana�er and Architect, the Architect shall provide drawin�s and other documents wluch depict the current status of desi� development for the Owne�s review and the Construcrion Manager's informarion. 2.3.3 Upon compierion of the Design Development Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Conshuction Manager's information satis ' the Desien Document Requirements in E�ibit A_ Construction Mana¢ement Plan. 2.A CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construcrion budget, the Arclutect, utilizing data and estimates prepared by the Construcrion Manager, shall prepaze, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project responsibility for filing documents required for the approvat of goveromental authoriries having jurisdiction over the Project. Insert A: 2,4,fz Th� Archi ��j( �g remnnsible � 'd�nti£ane S?tp �nd 14ca1 �emmenta � � "Uiisdi� � annrove Sjt� desiffi �f � $ � _ � �.�1�,11_b� resnonsble� cee�� doc�menTS ang services fumished � the Architect conform to the laws, reQulations and other ljal reauirements applicable at the time of execution of tlus A�eement The Architect shall rform these services consistent with professional skill and care and in accordance with the standards of their urofession. Engineerina documents shall be dated and shall contain the si¢nature of the reeistered en�ineer in resnonsble chaz�e, a certificate that the Work was done bv such reeistrant or under the re¢istranYs direct pex�onal suueroision and the state reeistration number of leaible seal of such reaistrant. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Conshvction Documents and of the Consh�ucfion Manager's latest estimate of Conshvcrion Cost, shall assist the Construction Manager in obtaining bids or negofiated proposals and assist in preparing contracts for construction. 2.6 CONSTRUC710N PHASE - ADMINISTRATION OF THE CONSTRUCTfON CONTRACT 2.4.2 At intervaLs mutually agreeable to the Owner, Construction Manager and Architect, the Architect shall provide Drawings and Specificarions for the Owner's and the Construction Manager's review. 2.4.3 Upon complefion of the Construcrion Documents Phase, the Architect shall provide Construction Documents for the Owner's approval and the Consiruction Manager's information. 2.4.4 The Architect shall assist the Owner and Construcrion Manager in the preparation of the necessary bidding information, bidding forms, the Conditions of the Conhacts, and the forms of Agreement between the Owner and the Contractors. The Arclutect shall assist the Conshucrion Manager in issuing bidding documents to bidders and conducting prebid conferences with prospective bidders. The Architect, with the assistance of the Construction Manager, shall respond to questions from bidders, and shall issue addenda. 2.4.5 The Architect shall assist the Owner and Conshuction Manager in connection with the Owner's 2.6.1 The ArchitecPs responsibIlity to provide Basic Services for the Constmction Phase under this Agreement commences with the awazd of the Contract for construction and terminates at the eazlier of the issuance to the Owner of the final Project Certificate for Payment or�9-Ekzys-akeF�he �ate s€ -Sul�st�ia� �e�letiea -e€ �he aVeFl� _ at Final Comnlefion as shown in Exhibit A Construcrion ManaQement Plan. 2.6.2 The Architect shall provide administration of the Contract for conshuction in coopera6on with the Conshucrion Manager as set forth below and in the edirion of AIA Document A201/CMa, General Condirions of the Contract for Consuuction, Construcfion Manager-Adviser Edition, current as of the date of this Agreement 2.6.3 Duties, responsibilities and limitarions of authority of the Arclutect shall not be restricted, modified or extended withom written a�reement of the Owner and Architect�'t� seasea8 -e€�he -Eea�aste�s -aa� �he -Eeas�uskea-A4anagef- 2.6.4 The Arctritect shall be a representative of and shall ALA DOCUIvIMENT B141/CMa - OWNER-ARCIIlI'ECT AGREEMEIVVT - CONSTRl7CTION MANAGER-ADVISER EDTITON - 1992 EDIITON - AiA - COPYRIGH'1' 1992 - THE AMERICAN INS'I'IT'O'I'E OF ARCfII'1'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violazes U.S. copyright lavrs and is subject to lenal prosecution. Elech�onicFormat B141/CMa-1992 User pocumenY. 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7!7/1999 — Page #3 advise and consult with the Owner (1) during construction until final payment to the Contractors is due, and (2) as an Addirional Service at the Owner's direction from time to time during the correction period described in the ConhacGS for Construction. The Architect shall have authority to act on behalf of the Owner only to Yhe elctent provided in this Ageement uniess otherwise modified by written instrument 2.65 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally fami]iaz with the progress and quality of the Work compieted and to deteimme in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contmct Documents. The Architect shall rovide 384 hours of on-site services. the Construction Manaaer shal m cooperarion with the Architect, schedule these services. However, the Architect shall not be required to make e�austive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observarions as an azciutect, the Architect shall keep the Owner and Consh�uction Mana�er_ informed of the pro�ess and quality of the Work throu2h written Field Renorts• and shall endeavor to guazd the Owner against defecu and deficiencies in the Work. (More eztensive site representation may be agreed to as an Additianal Service, as described in Paragraph 3.2.) 2.6.6 The Arclutect shall not have control over or chazge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precaurions and programs in connection with the Work, since these are the Contractors' responsibility under the Conffacts for Conshuction. The Architect shall not be responsible for the Contractors' schedules or failure to cany out ffie Work in accordance with the Conhact Documents. The Architect shall not be responsible for the performance by the Construction Manager of the services required by the Conshucrion Manager's agreement with the Owner. The Architect shall not have control over or chazge of acts or omissions of the Conuactors, Subcontractors, or their agenu or employees, or of any other persons performing seroices or portions of the Work. 2.6.7 The Arclutect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Communications by and with the ArchitecYs consukauu shall be through the Architect. 2.6.5 �ase� sa iha �}�skitests � -aa� �„�I...,«,..,,. ..F,..,,.�, r,...�...,..._ �., n.._i:., r _ n .�. The Arctutect shall review-ax�-se� the amounts due the 99-�y8 respecrive Contractors. 2.6.9.1 �e �s§itest� -se�sa�ea .� �� sessEitxie -a �ea -ts -cke �ef -l�ase� -ea �§e- �ee�s � -aE fi�a -s4is -as -gFev�e� -i� £uHg�ag§ 3�5 �a �he -�� -e� -� Eeask�s�iea � -aa� �a �§e �ata �g -� E +,._a_.. � e.._.r....,w,..... r.. n.......,._ �, ��o�vnnr� ti iC�!�.t. i.�....�.L.a.... :..F .-.�, t' F l. .,,a ....a .�.., i � c �. > > Y T °'�� ,..a.._,.,....:.�, a._ n �n. e D S �ie�are T'��e-aa-evaHiaHea�€�he�i�� se�e�se��ke�ea�as��ee�en�s-uges�- �.. ..i,.._ _ ....i«. _r....�..,,... _a : .... T r -�.°" r _ �iae� �iatiess -fFe� -t�e �ea�ae� �es�ea�s -serFesEa�le- gAeF-tefe�gleEiea-aa��e .=r_==..�a b}��he�k's�es�-�ke�ssxaaees€-a ��a3saea� enkitl^a � - ��-� � •� a � i �� 2.6.9.2 �e-�s„�ase�-a�e�sate-feF�a�ea� -'�- t�e arenrer�+r�tat —«�.... «�,,, n �, • x i� a w \ 1 eF �ceati�eas -ea-site �esHees -fe �keslF �§e �x� -e�- q�k�}= -s€ -Eke �1F -(�j -reviewe� �sHe� -a3e�� e�e�s-tes�gxes f33�e�iewe� segies �€ 3ec�u}siEieas -reesiNe� � � -as� �ateAa}-s��glieFS�-e�eF-Elafa-Fec�ueste��e-Bw�eFxe- �s�4iate �he -Eea�astefs �� e -�en� -eF .f4} �....i 0...... ..� F .� ..,l.,.t � ............. at,� !� l. .] ....i......:a .... ............. ..r«�.,. n c �r � 2.6.10 The Architect shall have authority, after notificauon to the Construction Manager, to reject Work wluch does not conform to the Conhzct Documents. Whenever the Architect considers it necessary or advisable for implementafion of the intent of the Contract Documents, the Architect will haue authority, upon written authorizarion from the Owner, to require additional 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 Construcrion Manager, Conhactors, Subcontractors, material aud equipment suppliers„ their agents or employees or other persons performing portions of the Work. 2.6.11 The Architect shall review and approve or take other appropriate action upon Contractozs' submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the desi� concept eapressed in the Contract Documents. AIA DOCUMENT S141JCMa - OWNBR-ARCFII'1'ECT AGREEMENT - CONSIRUCTION MANAGER-ADVISER EDTTiON - 1992 EDTiTON - AIA - COPYRIGHT 1992 - Tf� AMERICAN INS"['1"POTE OF ARCHI'I'ECTS, 1735 NEW YORK AVEM7E N.W, WASHINGTON, D.C. 200065292.; Unlicensed photocopying violates U.S. copyrigJrt laws and is subject m legal proseculion. Elech�onicFormat B141/CMa-1992 User pocument: 82426141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #4 The ArchitecYs action shall be taken with such reasonable promptness and �er a submittal schedule urenazed � the General Contractor and a�nroved the C� Owner and Architect as to cause no delay in the Conhactors' Work or in construction by the Owner's own forces, while allowing sufficient time in the ArchitecYs professional judgment to permit adequaYe review. Review of such submittals is not conducted for ihe pispose of determining the accuracy and completeness of other detxils such as dimensions and guantiries or for substantiating instructions for ins4allation or performance of equipment or systems designed by the Conhactors, all of which remain the responsability of the Conhactors to the e�2ent required by the Contract Documents. The AzchitecYs review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Arclutect, of construction means, methods, techniques, sequences or procedures. The Architecfs approval of a specific item shall not indicate approval of an assembly of wluch the item is a component. When pzofessional certification of performance chazacterisrics of materials, systems or equipment is required by the Contract Documents, the Architect shall be enfitled to rely upon such certificarion to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.72 The Architect shall review and sign or take other appropriate action on Change Orders and Conshucrion Change Direcrives prepazed by the Construction Manager for the Owner's approval and execution in accordance with the Conh�act Documents. 2.6.13 The Architect may authorize minor changes in Work not involving an adjusbnent in a Contract Sum or an extension of a Contract Time which are not inconsistent with the intent of the Contract Documenu. Such changes shall be effected by written order issued through the Conslruction Manager. 2.6.14 �he ^--�, -x�siste& � -the �ens��stie� A4axage�-ska}}-sex�ueF-i�sgeeEieas�e �eteaa�ae-tke�atesf �es -e€ �ia} � -�& -the �ate �€ � seae�leEiea- �ke �tskites6 � �� -te -Eke � �ies-aa� -s� �Ha�s -Fe�e� � �e �ea�as�- �� €eF-�a�ea6-t�ea �effigliaase �k-�e-Feg�e�ea�s�€-�e EeairasE-Bes�aea�s The Architect shall assist the CM in conductine insoections to determine the daTes of Substantial Comnierion and Final Comvletion. The Arclutect shall review and take other �propriate acrion on Contractor suoolied oneration and maintenance manuals� ecauioment wairanries and similar submittals reauired � the Conhact 99-7 yg Documents which have been received from the CM . 2.6.15 The Arclutect shall �tefgre�-aa�l�esi�e assist the CM in intemreting and decidina matters conceming performance of the Owner and Contractor under the requizements of the Contract Documents on written request of either the Owner or �a�ete� Construction Manaeer. T1ie Arciritect's response to such requests shall be made with reasonable promptness and witUin any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably mferable from the Contract Documents and shall be in writing or in the form of drawings. When maldng such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractors, shall not show partiality to either, and shall not be liable for resulu of interpretarions or decisions so rendered in good faith. 2.6.17 The ArchitecYs decisions on matters relating to aesthetic effect shall be finai if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect, if reauested � the Owner shall render written decisions within a reasonable time on all claims, disputes or other matters in quesfion between the Owner and Contractors relating to the execurion or progress of the Work as provided in the Conhact Documents. 2.6.79 �ke �rskitest� -�esisiess �a clais3s �tes s�- ) b aa��ea#asteFS�gE-feF-tliese�g-Ee-aes#ketis �r� as � -ia � -�.�i.-17 s�all �e -su�ijec� �a �nl�;:...ti,.« ., ..:a,.a :., a.:., n ............._ ..a :_ a, n�_. �es�unea�s- ART{CLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 aze not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Ageement, in addition to the compensarion for Basic Services. The services described under Pazagraphs 32 and 3.4 sha11 only be provided if authorized or confiimed in writing by the Owner. If services descnbed under Contingent Additional Services in Paragraph 3.3 are required due to � AIA DOCiJMEN1' BI41/CMa - OWNER-ARCIIII'ECT AGREEMb1VT - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA - COPYRIGHT 1992 - THE AMERICAN INS111'il'IE OF ARCIIlTEC"fS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photowpying violates U.S. copyright laws and is subjea to legal prosecuUOn. ElectronicFormat B1411CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #5 �g�� amibi�uities or omissions or etrors that aze not the fault of the Architect or circumstances beyond the ArchitecYs conitol, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services descnbed under PazaL aph 3.3 aze not required, the Owner shall give prompt written notice to the Architeck. If the Owner indicates in writing that all or part of such Contingent Additional Services aze not required, the Architect shall have no obliaation to provide those services. 3.12 Services reuuired due to ambi�uities, omissions or inconsistencies in the plans and snecifications for wluch the Arclutect has been found liable or circumstances within the conuol of the Architect shall be nrovided at no additional cost to the Owner. 3_13_ Inasmuch as a new buildine requires that certain assumntions be made reeardin� existina buIldine or site coudirions, and because some of these assumptions cannot be verified without exnendine ezeat sums of additional monev, or destrovine otherwise adequate or serviceable oD rti0II5 of the sit ,e the Owner aerees that, excent for neeligence on the part of the Desi�n Professional, the Owner wfll hold harmless and_indemnifv the Desim Professionat from and a¢ainst anv and all claims. damaees, awazds, and costs of defense arisine out of or relatin¢ to claims an from existine buildine condirions or eadstin� subsurface conditions. The Owner specificallv a2rees that urofessional fees for work associated with reasonable unforeseen existine buildin¢ or subsurface conditions shall be an addirional service. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representarion at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in canying out such addiUonal on-site responsibili6es. 3.2.2 Project Representarives shall be selected, employed and directed by the Arciutect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitarions of authority of Project Representarives shall be as described in the edi6on of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. obligarions of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENTADDITIONALSERVICES 3.3.7 Making substantial _ revisions in Drawings, Specifications, or other documents when such revisions are: .7 inconsistent with approvals or inshuctions previously given by the Owne�, including revisions made necessary by adjus�enu in the Owne�'s pro�am or Project budget; .2 �egueste��}�e�waeF�esatrse�§e�ea�sYie� n�a .......... ....« ,.r � .. �,.... �. �}Tm_x_!c-i...,ta « .......t, ....,,t, o .. V -_ _ _"__;y.. .. ...__ _"__.... ... .._ .... 6 -}731Li3Yf� � -T.�i9 �Y264 �ff 368�, , ; .3 required by the enachnent or revision of codes, laws or regulations subsequent to the preparation of such documenu; or .4 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including but not limited to, changes in size, quality, complexity, the Owner's or Construction Manager's schedule, or the method of bidding or negotiating and contcacting for construction, except for services requized under Subparagraph 5.23. 3.3.3 Preparing Drawings, Specifications, and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Cttange D'uecfives. 3.3.4 Providing services in connection with evaluating substitutions proposed by Contractors a8er bid and making subsequent revisions to Drawings, Specificarions and other documenbrion resuking therefrom. 3.3.5 Providing consuitarion concerning replacement of Work damaged by fire or other cause during cons7uction, and fumishing services required in connection with the replacement of such Work. 3.2.3 Through the observations by such Project Representatives, the Arclutect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the fumishing of such project representarion shall not modify the rights, responsibilities or 3.3.6 Providing services made necessary by the termination or default of the Construcfion Manager or a Conhactor, by major defects or deficiencies in the Work of a Conhactor, or by failure of performance of either the Owner AIA DOCi7�g1VT B141/CMa - OWNER-ARCFIlTECT AGREEMENT - CONSIRUCTION MANAGER-ADVISER EDTITON - 1992 &DITION - AIA - COPYAIGHT 1992 - TI-IE AMERICAN INSITITTCE OF ARCFII'lEC1S, 1735 NEW YORK AVENtJE N.W., WASfllNGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyrigh[ laws and is subjec[ W Iegal prosecution. ElectronicFormat B141fCMa-1992 User pocument: 82426141. DOC — 6/11/1999. AIA License Number 102500, which expires on 7!7/1999 — Page #6 9 9- 7 5�8 or a Con4actor under a Contraa for Conshvcrion. 3.3.7 Providing services in evab�afino an ez�ensive number of claims submitted by a Contractor or othe� in connection with the Work. 3.3.8 Provid'mg services in connection with a public hearing, arki�iea dispute resolution proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for a#eFaata separate or sequential bids or providing services in connection with bidd'mg, negotiarion or construction prior to the complerion of the Construcrion Documents Phase exceut as noted m Eaclubit A- Cons�ucrion Manaeement Plan. 33.10 Providina more than 12 hours attendine meetin¢s for the ose of discussine and disseminatine information to the Public. the Owne�'s own forces and coordination of services required in connection with conslruction perfoimed and equipment supplied by the Owner. 3.4.9 Providing services in connection with ffie work of sepacate consultants retained by the Owner. 3.4.10 Providina estmmates of Conshuction Cost 3.4.11 Providing detailed quanrity surveys or inventories of material and equipment. 3.4.12 Providing analyses of owning and operaring costs_ unless ]ife cvcle analvsis is rectuired to make desi� decisions at the discretion of the Architect and/or Eneineer. 3.4.13 Providing interior design and other similaz services requited for or in connecrion with the se�eetiea procurement or installation of fiuniture, fiunishings and related equipment. 33.1 I Makin¢ chanees to the documents rewired as a resuk of uDdatine or amen ' the Construction Manaeement Plan as �rovided for in Article 12.1.4. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project 3.4.2 Providing fmancial feasibility- or other special studies. 3.4.3 Providing planning surveys, site evaluations or compazative studies of prospective sites. 3.4.4 Providing special surveys, env'uonmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment 3.4.6 �evidiag�,��-te-ia�est�ate�isgagcex�ieas- Providin¢ services to make measured drawines of existing condirions or facilities 3.4.7 Providing services to verify the accwacy of drawings or other infozmarion fiunished by the Owner. 3A.8 Providing coordinarion of conshvction performed by 3.4.14 Providing services for planuing tenant or rental spaces. 3.4.15 Making investigarions, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.76 Preparing a set of reproducble record drawings showing significant changes in the Work made during conshvction based on mazked-up prints, drawings and other data fumished by Contractors. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, prepazation of operauon and maintenance manuals, training personnel for operarion and maintenance, and consultation during operntion. 3.4.18 Providing services after the earlier of the issuance to the Owner of the final Project Certificate for Payment, or after Final Comnletion as shown in E�ibit A- Construction ManaEement Plan. _ ia -khe -abseaee -e€ -a €aa} �ejeet- Se�ES-€eF-Pa3�ea��e�-69�}ays-a�teF-�e�late�€ 3.4.19 Providing seroices of consultants for other than azchitectural, structural, mechanical and electdcal engineering portions of the Project provided as a part of Basic Services excent as stated in Article 12. 3.4.20 Providing any offier services not otherwise included AiA DOC[JMENC B141/CMa - OWNER-ARCIIl'I'ECT AGREEMENI' - CONSIRUCTION MANAGER-ADVISER EDTIYON - 1992 EDTITON - AIA - COPYRIGHT 1992 - THE AMERICAN INS"1'Cl'OTE OF ARCIIlTECTS, 1735 NEW YORK AVENUE N.W., WASFiAIGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright Iaws and is subjec[ to legal prosecution. ElectronicFormat B141/CMa-1992_ User pocument: 82426141.DOC — 6/11l1999. AIA License Number 102500, which expires on 7/7l1999 — Page #7 in this A�eement or not customarily furnished in accordance with generally accepted azchitechual practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide fiill information regazd"mg requirements for the Project, including a pro�am wluch shall set forth the Owner's objectives, schedule, consffaints and criteria, inciuding space requirements and relarionships, fle�bility, expandability, special equipment, systems, and site requ'uements. 4.2 The Owner shall estabLish and update an overall budget for the Project based on consultation with the Construction Manager and the Architect, which shall 9nclude the Conshuction Cost, the Owner's other costs and reasonable contingencies relazed to all of these costs. 4.3 If requested by the Azchitect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to ffie Projec�t. The Owner or such authorized representarive shall render decisions in a timely manner pertainiug to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner sha11 retain a conshuction manager to administer the Project. The Conslrucrion Manager's services, duties and responsibilities will be as described in the edition of AIA Document B801/CMa, Standard Form of Ageement Between Owner and Construction Manager, current as of the date of this Agreement. The Terms and Condirions of the Agreement between Owner and Construction Manager shall be fumished to the Arciutect and shall not be modified without written consent of the Arclutect, which consent shall not be unreasonably withheld. The Architect shall not be responsible for actions taken by the Construction Manager. 4.6 The Owner sha11 fumish surveys describing physical characteristics, legal limitations and urility locarions for the site of the Project, and a written legal descriprion of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and siructures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restricrions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to e�stin� buildings, other improvements and trees; and 9 9-��8 information conceming available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.7 The Owner shall fumish the services of geotechnical en�neers when such services aze requested by the Architect Such services may include but aze not limited to test borings, test piu, determinations of soil bearing values, percolation tests, evaluarions of hazardous materiaLs, and gound coaosion and resistiviTy tests, including necessary operations for anticipating subsoil conditions, with reports and appropriaze professional recommendations. 4.7.1 The Owner shall fumish the services of other consultants when such services aze reasonably required by the scope of the Project and aze requested by the Architect. 4.8 The Owner shall fumish structutal, mechazucal, chemical, air and water pollurion tests, tesu for hazardous materials, and other laborntory and environmental tests, inspections and reports required by law or the Contract Documents. 4.9 The Owner shall fiunish all legal, accounting, and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Conh�actor's Application for Payment or to ascertain how or for what pwposes the Contractor has used the money paid by or on behalf of ffie Owner. 4.10 The services, infoanation, surveys and reports required by Pazagraphs 4.6 througJi 4.9 shall be fumished at the Owner's expense, and the Architect shall be entifled to rely upon zhe accuracy and completeness thereof. 4.11 Prompt written notice shall be given by the Owner to the Architect and Conshuction Manager if the Owner becomes awaze of any fault or defect in the Project or nonconformance with the Contract Documents. 4.12 The proposed language of certificates or certifications requested of the Architect or ArclutecPs consultants shall be submitted to the Arclritect for review and approval at least 14 days prior to execution. The Owner shall not reguest certificafions that would require lmowledge or services beyond the scope of this Agreement 4.13 The Owner shall furnish the required information and services and sha11 render approvals and decisions as expediriously as necessary for the orderly progess of the Architect's services and Work ofthe Conhactors. AIA DOCi7MEN'C B141/CMa - OWNER-ARCFII'I'ECT AGREEMENT - CONSTRUCTION MANAGER-ADVISEA EDITION - 1992 EDIIION - AIA - COPYRIGHT 1992 - TI-IE AMERICAN INS'PI1'[)T'E OF ARCEIlTECTS, 1735 NEW yORK AVENUE N.W., WASHING'LON, D.C. 20006-5292.; Unlicensed photricopying violates U.S. copycight laws and is sub}ec[to legal prosewtion. ElectronicFormat B141/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #8 99-7<f P 4.14 The Owner shall fumish the Architect copies of written comwunications with the Construction Manager and Conhactors necessarv for the orderlv pro¢ress of the Architect's Services. ARTICLE 5 CONSTRUCTION COST 5.7 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Arclutect 5.7.2 The Construction Cost shall include the cost at current mazket rates of labor and materials fumished by the Owner and equipment designed, specified, selected or specially provided for by the Arclutect, plus a reasonable allowance for the Contractors' overhead and profit. In addirion, a reasonable allowance for contingencies shall be included for mazket conditions at the time of bidding, as�-€ef skaages-ia�he�ei -Eeask�ea ska� -a}Se -�e -t�e �effigeasaEiea -e€ -�e � 5.1.3 Conshvction Cost does not include the compensarion of the Architect and Architec4s cansuttants, the costs of the land, righu-of-way, fmancing or other costs which aze the responsibility of the Owner as provided in Pazagraphs 4.1 through 4.4 and 4.6 Uuough 4.14. 5.1.4 The Conshvcfion Cost Budeet shall be the bu et approv� � the Owner and included in Elchibit A Construction Mana2ement Plan. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 The ArchitecPs review of the Owner's Project budget and of preliminary estimates of Consirucrion Cost or detailed estimates of Construction Cost prepazed by the Conshucrion Manager is solely for the ArchitecYs guidance in the Architect's prepazarion of the Construcrion Documents. Accordingly, ffie Arclutect cannot and does not wairant the accuracy of the estimates of the Construction Manager, or wanant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Conshuction Cost or evaluarion reviewed by the Arclutect consUVCtion budaet. 5.2.3 �a �he -evea� -tka� �e �e�sHe�t �s esEi�ate-e�-t§e-le�vesE-Heaa�e �sf-aege�iate�-gFegesat- �eeei�e� -63� -tke -9waeF �see�s -ihe -9�aet'� -�eE � �easess � �§aa -�kese �,�Q -ia � � �ge- �d:�,..,e:,.., .,r r....._.,... r,..... x n �. �tec�s -�esges� �ke �e�tesE � �e � �a ee�geasa�iea -i� �,.,.'�� -i§is n�re�.-_' � -a& 5 ,,...:,.e.. .,,.� �.,.., ._.,.,,.,... ,. ,. � se�eaee� If the fixed limit of Conshucrion Cost is exceeded bv ffie lowest bona fide bid or ne�otiated nronosal the Owner shall:�_ - ve written approval of an increase im such S1ced 1� 2�_ authorize rebidd'm¢ or reneeotiatine of ffie Proiect within a reasonable� �_ if the Proiect is abandoned terminate in accordance with Pardffaph 83: or Al coonerate in revisine the Proied scooe and uualitv as reouired to reduce the Construcrion Cost 52.4 If 'the Owner chooses to rp oceed. under Clause 52.3 the Architect shall modi the Contract Documents as necessarv to com�lv with the fixed 1� without additional costs to the Owner. The modificarion of Conhact Documenu shal] be the limit of the ArchitecYs resoonsibilitv arisin out of the establishment of a fixed limit. The Arclutect shall be entitled to comnensation m accordance with this Aereement for all services nezformed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECTS DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specificarions and other documents prepared by the Architect for this Project aze instruments of the ArclutecYs service for use solely with respect to this Project and, unless otherwise provided, the Arclutect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved righu, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies and electronic files, of the ArclutecYs Drawings, Specificarions and other documents for informa6on and reference in connection with the Owner's use and occupancy of tlie Project. The ArclutecYs Drawings, Specifications or other documenu shall not be used by the Owner or others eF for completion of this Project by others, unless the Arclutect is adjudged to be in defauit under this Agreement, except by agreement in writing and with appropriate compensa6on to the Architect. 5.2.2 A�e fised limit of Conshvction Cost shall be established as a condirion of this Agreement and is included m E�ibit A_ Conshuction Manaeement Plan as the 6.2 Submission or distriburion of documents to meet official regutatory requirements or for similaz purposes in AIA DOCUMENT B141/CMa - OWNER-ARCHITECT AGREEMENT - CONSIRUCTION MANAGER-ADV[SER EDTTtON - 1992 EDITION - AIA COPYRIGHT 1992 - TI-IE AMERICAN INS111'0"IE OF ARCIiIT'ECTS, 1735 NEW YORK AVEN[JE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. wpyright laws and is subject to legal prosecution. Elech�onic Format B1A1/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #9 connection with the Project is not to be consfrued as publication in derogaTion of the ArchitecYs reserved rights. ARTICLE 7 ARBITRATION 7.1 Elaiffis �utes -eF �tkeF -�atters -ie � �6YiV2Eff �tB �S �6 -Y�35 n--�P__ -�� }i� 6�-9f �elat�-fe-t�is ' te � �esi�le� -�y � -� � ivit§ -tiic� Eeas�ue�ea � �kkit�aziea �les s€ �he �eriea� t1�i�aSiea�ssesi��iea��eat��a-e�'ee,��eless�e �ie� �y -a�ee sN3e�wise Reolace the term "ARBITRAT'ION" in the ritle of this article with "DISPiJT'E RESOLUTION" 7.2 the �eF -�}-te �3tis �ee�ea�-�-iviEk �e � tl�kitra�iea �4ssesiaEie� z4 �ea�as�-£eF a�it�atiea s3�a� �e- �tac�e -wi� -a-reasexab�e �e -afreF -the �1.� -�is}�Ee � et�eF �atEef �a �est� -kas -a�ises: � �e -eveaE � � s�a4�tes�€�aHens All claims disnutes and other matters in uestion between the Owner and ArchitecC arisine out of or relatine to• this Aereemetrt shail be settled� a court of comuetent jurisdiction, vrovided said cla� di�snute or other matter in auesrion cannot be settled bv direct discussion nrior to leQal proceedines._ Owner herebv consents to iurisdiction of said court 7.3 �ie -azkifca�iea ,�isiag �teE -e€ � -Felat�ag -te -f#� t�eemeaE-ska�-iasl�e -k}`�aseli�aHe��-e�-itx-aa3'- �� re€eFeaee-te�is�reea�eaE-sigae�-�-tke�waef�tee� arkik3tiea�g�u�-geFSea�-eaHt��kal�-ae� e -�ersea -ef �g -ae� -a�e� � -�ess�Hec� � �ke- €eregeiag -ag�ee�etx4 -te -�ate � � -agree�nea#s -ta � �ke �es �e -�xis -�eea�ea� -ska� �e � ea€erseal�le-ia-asse��ase�vitl�-aggkealile-law-ia,az33� �# �in� }tufs&iet�ea tkeFee€ 7A �e-awaz��eadeFe�-by-the-arkit�aEeF�-arki�rateFS- s§al� -He -€a,a� � -"'�ee� -raa� -ke �atere�F ��ea � -is- asseFdaaes -w�tk -a�gkSaHle -k� -ia � �se�u� -§ai�ag- E"?`rr e rs9e�es'-+eT�a 99-7Sf8 ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 'I'his Agreement may be terminated by either party upon not less than seven days' written norice skeul�-t§e-e�- �H3` -fa� � -te �et� -i� -aece�e �iEk •�- teFS3s �€ �s -t�ee�ea� �ex�� -ae -€at�l� �€ �e �- a , � p � 8.2 Qd Tf the Proj��i.s suspended by the Owner for more �han��fl consecutive days, the Arc]utect shall be compensazed for services performed prior to notice of such suspension. When the Project is resimied, the Arclutect's compensation shall be equitably adjusted to provide for expenses incurred in ffie interruption and resumption of the ArchitecYs services. 8:3 This Agreement may be terminated by the Owner upon not less than seven days' written norice to the Architect, }e -tke �veaE �-Ehe �ejes� �s -ge�eat� �eae�: _ Unon receint of snch norice, the Architect sha unless the notice directs othenvise. immediatelv discontinue all services and shall instruct its subconsultants to do the same. _ The Owner and Architect shall mutuallv determine if there aze anv services�et incomnlete wlrich should be finished in order to brina the nroiect to an anurouriate uoint of tezmination. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 Ifthe Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written norice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the norice, the suspension sha11 take effect without fiuther no6ce. 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. 8.6 In the event of terminafion not the fault of the Arclutect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due or resukine from ternunarion. at� -all- 8.7 �ea -£�geases -are �a �iea -t� AIA DOCUMENI' B141/CMa - OWNER-ARCFIlTECf AGREEMENT - CONSIRUCITON MANAGER-ADVLSER EDTTION - 1992 EDiTtON - AIA - COPYRIGHT 1992 - Ti-IE AMERICAN INSTI1"U"1'E OF ARCHI1'ECTS, 1735 NEW YORK AVENUE N.W., WASFIlNGTON, D.C. 20006-5292.; Unlicensed phomcopying violazes US. copyright laws and is sub}ect m legal pcosecution. ElectronicFormat B141/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #10 9 9-7� � �� essesska�l�-be�e�guted-asa-gersea�age-e�- t�e -Eefa� -se�geasaE�ea � -�asis -Se�ases -aa� z4A�ibieaa� .1 �wea� 966HES�...r .,. ,._ a..,_.. .�... __,.a,,..:.... .. _a....:.. a own forces. 9.5 The Owner and Arclutect, respectively, bind themselves, their partners, successors, assigns and legai representatives to the other party to this A�eement and to the parmers, successors, assigas and legal representatives of such other pazty with respect to all covenants of this Ageement Neither Owner nor Arclutect shall assign this Agreement without the writTen consent of the other. .2 t�igeaa� �� ae� �e �ate �€ � �� > .3 �ea�! �� -te �ate -i€ � ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, tiils Agreement shall be governed by the law of the place where the Project is located 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201/CMa, General Conditions of the Contract for Conshuction, Construction Manager-Adviser Edition, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence m run not later than either the date of Substanrial Completion for acts or failures to act occurriug prior to Substantial Completion, or the date of issuance of the final Project Certificate for Payment for acts or failures to act occurring after Substantial Complerion. 9.4 The Owner and Arclutect waive all rights against each other and against the Construcrion Manager, Contractors, and the consultants, agents and employees of any of them for damages, but only to the extent covered by property insurance during construcrion, except such righu as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of ffie date of this Agreement. The Owner and Arclutect each shall require similaz waivers from their Consuuction Manager, Contractors, consultants, a�ents, and persons or enriues awazded separate contracts administered under the Owner's 9.6 Tlvs Agreement represents the entire and integated agreement between the Owner and Architect and supersedes all grior negotiations, representations or aa eements, eidaer written or oral. This Ageement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in the Agreement shall create a conhactual relationslup with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Arclutect and ArclutecPs consultants sha11 have no responsibiliry for the discovery, presence, handling, removal Qr disposal of or exposure of perso�s to hazardous materiats in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representations of the design of ffie Project, inciuding photographs of the exterior and interior, among the ArchitecYs promotional and professional materials. 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 spec�c informafion considered by the Owner to be co�dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promorional materials for the Project. 9.10 The cirv of Saint Paul's Affinnative Action/Ectual Emnlovment Opporiunitv Reauirements for Non-Construction Contracu are made nart of this aa�eement. See E�ibit C. 911 _ The Architect shall wazrant thev are Yeaz 2000 comnliant See Eachibit E. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE AiA DOCLJMEN'C B141/CMa - OWNER-ARCHITECT AGREEMEN'I' - CONSTRUCTiON MANAGER-ADVISER EDTIYON - 1992 EDI170N - ALA - COPYRIGHT 1992 -'ITIE AMERICAN INS1T'I'O'1'E OF ARCiSl1'E('fS, 1735 NEW YORK AVEN[JE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S copyright ]aws and is subject to legffi prosecu5on. ElectronicFormat BI41/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #11 99 8 10.1.1 Direct Personnel Expense is defined as the direct salaries of the ArclutecYs personnel engaged on the Project and the portion of the cost of their mandatory and customary contriburions and benefits related thereto, such as employment taxes and other statutory employee benefits, incnrance, sick leave, holidays, vacations, pensions and similaz contributions and benefiss. 10.2 REIMBURSABLE EXPENSES made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subpazaa aph 11.2.2. 10.3.3 If and to the extent that the time inirially established in Subparagraph 2.6.1 �� of this Agreement is exceeded or eatended through no fault of the Architect, compensarion for any services rendered during ihe additionai period of time shall be computed in the manner set forth in Subparagaph 11.32. 10.2.1 Reimbiusable E�cpenses aze in addition to compensafion for Basic and Additional Services and include eacpenses incurred by the Architect and ArcFutecYs employees and consultants in the interest of the Project, as identified in the following Clauses. 10.2.1.1 Expense of transportation In connection with the Project; elcpanses in connecfion with authorized out-of-town travel; long-distance communica6ons; and fees paid for secnring approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage, e�cpress deliveries, electronic facsimile transmissions and handling of Drawings, Specificarions and other documents. 70.2.1.3 �€�-ia-advaxse-by-tke�svsef� 10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limiu, including professional liability insurance, requested by the Owner in excess of that shown in E�ibit B. 10.2.1.6 �gease s€�de� -�esige � �g- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 1Q3.1 An initial payment as set forth in Paragraph I1.1 is the minimum payment under this Agreement. 10.3.2 Subsequent gayments for Basic Services shall be 10.3.4 When compensation is based on a percentage of Consuuction Cost and any portions of the Project aze deleted or otherwise not constructed, compensarion for those portions of the Project shall be payable to the extent services aze performed on those portions, in accordance with the schedule set forth in Subpazagaph 11.2.2, based on (1) the lowest bona fide bids or negotiated proposals, or (2) if no such bids or proposals are received, the most recent estimate of Construction Cost prepazed by the Construction Manager for such portions of the Project 10.4 PAYMEPJTS ON ACCOUNT OF ADDITIOtJAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Payments on account of the Arc2ritecYs Addirional Services and for Reimbursable Expenses shall be made monthty upon presentarion of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.7 No deductions shall be made from the Architecfs compensarion on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECTS ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and eacpenses pertaining to Additional Services and services performed on the basis of a mulriple of D'uect Personnel Expense shall be available to the Owner or the Owner's authorized representa6ve at mutually convenient times. ARTICLE 17 BASIS OF COMPEIJSATION The Owner shall compensate the Architect as follows: AiA DOCUMENT' B141/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCITON MAIVAGER-ADVISER EDTITON - 1992 EDITiON - AIA - COPYRIGHT 1992 - Tf7E AMERICAN INSTI'1'U'IE OF ARCHI1'ECTS, 1735 NEW YORK AVENtJE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photoCOpying violates U.S. copyrigLt laws and is subject to tegal pwsecufioa Electronic Format BI41/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #12 9 7 r � � � 17.1 AN INITIAL PAYMENT of No Dollars ($ � shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR SASIC SERVICES, as descnbed in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensarion shall be computed as follows: (Insert basis aj compensation, induding s[ipr�7¢ted sums, rwltiples or percentages, mrd identify phases to which p�ticulm methods of compens¢tion apply, if necess�y.) Sti�ated Sum of Five Hundred Ninetv'ILree Thousand Tiuee Hundred Three Dollars ($593.303.00). 11.2.2 Where wmpensaiion is based on a stipulated sum or percentage of Construction Cost, pro�ess payments for Basic Services in each phase shall totai the following percentages of the total Basic Compensation payable: (/ruert ¢dditional phases as appropriate.) Schematic Desi�nn Phase: DesiBn Development Phase: Consh�uction Documenu Phase: Bidding or Negouafion Phase: Seventeen percent ( 17 %) Ei teen percent (18 %) F� percent ( 40 %) Five percent ( 5 %) Conshuction Phase: Twen percent ( 20 °/a) o asic ompensa ion one un e percen a 11.3 COMPENSATION FOR ADDITIONAL SERVICES 17.3.1 FOR PRO7ECT REFRESENTAT70N BEYOND BASIC SERVICES, as described in Pazagraph 3.2, compensarion shall be computed as follows: Sfipulated Sum or hourlv, based on E�ibit D Schedule of Fees, when auproved in writine bv the Owner. 11.3.2 FOR ADDITTONAL SERVICES OF TFLE ARCffiTECT, as described in Articles 3 and 12, other than (1) Addirional Project Representarion, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Sezvices, but excluding services of consukanu, compensarion shall be computed as follows: (lnsert basis oj compensation, incZuding rates and/ar multiples of Direct Personnel Fapense for Principals mu! employees, tmd identijy Principals mul class� employees, if required. Identify speci,fic servicea io which particulm meihods of campenration appty, if necessmy.) Sfinulated Sum or hourlv, based on attached Schedule of Fees, when annroved in writind bv the Owner. 11.3.3 FOR ADAITIONAL SERVICES OF CONS[3LTANTS, including addirional slructural, mechanical and electrical engineering services and those provided under Subpazagraph 3.4.19 or identified in Article 12 as part of Addi6onal Services, a mulriple of one (1_0 ) rimes the amounts billed to the Arclutect for such services. (/dent� specific types of consukants in Ar[icle 72, if requised) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIIvIBURSABLE EXPENSES, as described in Paragaph 102, and any other items included in Article 12 as Reimbursabie Expenses, a mul6ple of one ( I.0 times the e�enses incurred by the Architect, the ArchitecPs employees and consultants in the interest of the Project for a euarauteed malcimuna nrice of Five Thousaud Dollars ($5,000.001. 11.5 ADDITIONAL PROVISIONS 11.5.1 �-��ASI6 -c§is ( ) tlu�euak -ae -fat�i� -e€ �e -A�e#ites� �cteasies -e€-�e -�fesfs -se�ises �ieyea� -tkaE -tin3e skal} -be �ea�}3ea,ate� �s -gee�a� -ia- S .,i....,....,._....u.. , n� z....a ,, z � 11.5.2 Paymenu are due and payable Tliirtv ( 30 ) days from the date of the Architect's invoice. Amounts unpaid �( 30 ) days after the invoice date shall bear interest at the nte entered below, or in the absence thereof at the legal rate prevailing from time A[A DOCLIMENT B141/CMa - OWNER ARCffiTF.CT AGREEMEN'P - CONSIRIICTION MANAGER-ADVISEft ESJTSTON - 1992 IDTTiON - AiA - COPYRIGHT 1992 - Tf� AMERICAN INS111'UT'E OF AKCI-Il'I'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photowpying violarc U.S. copyright laws and is subject to legal prosecution. ELec�onic Format B141/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 10250Q which expires on 7/7/1999 — Page #13 9'9-7 yB to time at the principal place of business of the ArclutecK. (Iruert rate of interest ¢gre¢d uporz) 1.5%/jVZOIl2(i. (Usury laws and reguirementr wider the Federal Truth in Lending Act, similm state mut local counoner oedit laws mrd other regulntions at the Ormer's mui A>chitecPsP�incip¢I places of buriness, the locatiors of the Projecf �md elsewhere may affect the validity oflh'u provisian Spec�c leg¢I advice should be obtained with respect to deletions or mod�caliarzs, mrd also reg�drng reguirementr such as wriners disc[omves or waivers) 1 t.5.3 'Che rates and muiriples set forth for Addirional Services sLall be annually adjusted in accordance with normal salary review pracrices of the Architect ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descripfrorzs of other servires, ident3fy Additionat Services inctvded withm Basic Compens¢tion, mxd insen mod�ca6ons to the payment and compens¢tion terms inclvded in this Agreement.J 12.1 Additional Services 12_l.l Develonment ofplans necessarv to accommodate nhasina of the construction._ Howlv not to exceed $20,000.00._ Not to excee�alue will be revised uoon definine of phasine reauirements. 12_1.2 Inventorv existine fumishines, develon details for refurbishin¢ as necessarv. Hourlv not to exceed $6 700.00 12_13 Documentine e�stine conditions, verifving accuracv of existine drawinas_ testin¢ existin¢ material to determine anuronriate metho�of restoration. Hourtv not to exceed $45,110.00. 12_I .4 Develop Buildine Proezam and establish eauioment needs. Hourlv not to exceed $10.826.00. u,. �� ,��- � i- . ,i . � � . -. -� � �i,. - i- �.n- .�. � - i ..i �. ... e��. -� y�,i• � �- � .u '. - -� � �- �ui .� ... � . •� � '� ,� ,�� e��, -• C - u'� • . � , .� � . .' �-��'� . �� ,� . i �i, - . - �•i -� i . �� - � �• - ,�� .n � .e�� - �n� u � - �-�� , �� i �i n. �i U.�,� <i � � i • i' •u�' '� �u'i U, i'� - ' � - . � u,�.•'u'� � ��u. •i 'n u, �. _ '� ,�. i'� ,�- �� i r i' • u� - �� n. e�i U.i. ,i� : i ,�� - �� ' i ��.�r. -� � � i �i ei. �� u.�,• ,i � �u�. ,u .�. �� - .. s � .r� ' Y� � 'y i, � i - ..i� u, � , i '�' .. s i ,i - i' �.n ' .�� - � � �' �i . . i7 , u .1�' a ♦ .'w �li�'1 . �1 , .. U � 1.0.• �' ' � •�� t .• t � 1 • �' �l< 1 .• AI' � � ' � �': I 1 .1 1 "11� � 1 � .1 �" �1 11' 1.1 1 - 11 � � " �1� I�11 .. 11 � �.II..' �' - � 1 .�• I 1 �- er. �� . � � . �• � � . �i• �- ��u i �- ,n•.i ,i� � �- �n� � �i�� ,�< �-� Yi- � t.. u �.. i..�. r. �._- �.0 .. i �...a . � � ..� ' � '. �t / .l '.�. .'� � � 1� •�� r1' 11 1 1' - � .1" 1. �11�' 11 1 I' ''1 1' /.I1 '�. 1..1 " � j" 1' 1�11 I. � :�. 1"1 1 1 ��II' 1 11� 1 ' 1 1� �� I '' 1 1.. •� . 1 1 11 . 1 n 1 1 1' 1 1. p t. C• 1 1" � JI ". �' 1 � ��' � 1 I 1 11 . 11 �� I• �. � 1' � " � � � " �1.. '• - '1 � .. I'• ' '�� 11 •1 1 �1 1 1' ' 1 - .� - 1 <� \_ 1 .Y.1 " � 11� 1 'C!' 1 . � .111.1. 1 1 �-�. �� " � � I 1 .11 1 . �1" 1'�1� • 1111' .l' 1�. IU � - •1 • 1 1' .11� 1. .I� 1 1' IUI � 1 � '1 .11 .In 1'� 1 .� � �I" ' 1 I. , II. la I .1� � 1. ' ��11 a 1� �.�\ 1 1.C<1 �'� - 1 1.C•1 - .1� �-- 1 1� •11 1' iI1' 1 1' - �1 1! �- •.u' '.t. i.r.� -. i'�i• i.n i, �,�. �-� i�i �- �ui �, - u�.w' �- • � i' '. AIA DOCUMENT B141/CMa - OWNER-ARCFIII'ECT AGREEMENT - CONSTRUCTtON MANAGER-ADVISER ED]'CION - 1992 EDITION - AIA - COPYRIGHT 1992 - THE AMERICAN INSTTT[7TE OF ARCIIl"i'ECTS, 1735 NEW YORK AVEN[JE N.W, WASHINGION, D.G 20006-5292.; Unlicensed photocopying violates U.S_ copyaght laws and is su6ject m legal pmsecution. Elech�onicFormat B141/CMa-1992 User pocument: 8242B141.DOC — 6/11l1999. AIA License Number 102500, which expires on 7/7/1999 — Page #14 ♦ � I � ••' 1� 1� .1� 1•. r ��. ..'1 'I1� �.1� 1 • •1� �� • � � � \' '� 1�11 11 1 1 1.1� 1 'll� ..1� � �1 . 1_ 1 11. "�a ♦� I 1` 1 1' _'ll 1 1.. 11�� '.• p�1 1' 1' �• .. 11 .Y. . .�'1 ' / �.It.! �.� 1 1�11 � 1 . 11.11" - '1 � 1 ".��Y. 1 I t' 1.1� 1 'll � �'1�� . � • �'Y� . �- � � �� 1 � 1�J 1. . �� .c 1 al � ..�� I .1� .I� . -- .1 In 11 1..1� 1 � "111 � ...-7� .. �:t� � •� . � � �- �,., �� . - i . � - , � �-. � . . � � - .t 7.- � - - - s u - 1�- � =e i, i� .' 'n�� . - � __ '� ,i� . - � �u - ..Y� - r � � • u . � i' . � o ��i � - u� • � '- � .��r. � ,� _t. �..��er.w� e i� �- . � - e�� 1 I 'yl'G . . _ � '.ye�� . � � -�_..�� -• u .�. �, - u. i �, � �" •.i� ��ui' �" '� • s � �� i,�u - �' - y� ,�� 'u� • ��' � ,m x. . �'� ' � �.11... 1 � 1• •l 1� 11 '� �.i��l 'h. 1�� 1 � �.■ ' I�u '.��'1J' � 1 �I1...1�� .�"l� .. �y.`II �u � � i' i,.. �� u. -�, 1� ��.u � .��_ __ '� �� . �,w - .�� u. • u' ' � 'h ��u .. � �. � �- �-• -� - . i ��.u �7e�• ...r..��:,. ��y. .i. �i�r. �w � .��r._ �n � � � � �� ,�� i• - u� • � `1 . � . �'Y� . �"Y� � •q. � �... �� - — _— " _ "Iiiis Agreement entered into as of the day and yeaz fust written above. OWNER (Signahve) (Prin[ed xame mrd litle) ARC TECT � i ) (Printed name and ti77e) AIA DOCUMENT B141/CMa - OWNER-ARCIIlIECT AGREEMEN'1' - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDI7TON - AIA - COPYRIGHT 1992 - THE AMERICAN INS"1T'1'OTE OF ARCHITECTS, 1735 NEW YORK AV£NUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying viotates U.S. copyright laws and is subject W legal pzosecstbon. Eleclronic Format Bi41/CMa-1992 User pocument 82426141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7!7/1999 — Page #16 9'9'7y�8 Exhibit A ST. PAUL PUBLIC LIBRARY REWOVATION AND ADDiTiON St. Paui, MN CONSTRUCTION MANAGEMENT PLAN 12 May 1999 99-��8 TABLE pF CONTENTS 1.0 Project Description 1.1 Program Requirements 1.2 Project Organ¢ation 2.0 Project Requirements 2.1 Budget/Financial 22 Master Schedule 2.3 Bidding Strategy 2.4 Design Document Requirements 3.0 Project Directory H:�cu�e.oieas�szazse��cm�aN.ao� 2 9'9�7�8 7.0 Project Description The project addressed in this Construc5on Management Plan is the renovation and addfion to the St Paul Pub4ic Library. The renovatian of the West wng includes removai of the ewsting stacks and construction of new floors to accommodate books and periodicals, study carrels and computer access. Both the East and West wings will include cleaning and refurbishing of the e�dsting stone and plasfer, upgrading mechanical, lighting, fire proteetion, power and data systems. The addition wili be located on the Keliogg side of tfie buiiding and wiil house a lobby, coffee shop and fheater. Construction will be phased and the building will remain open during construction. Bid aitemates wiil be establ�shed to protect the construction budget without compromising the essential program requirements. The budget, as established by the Library and the funding commitrnents, shali not be exceeded. Any requests resulting in a cost increase, above that anficipated by the established budget, must be offset with at least an equal amounf of cost reduction in some other area. 1.1 Program Dale Anderson has prepared a pre-design study, which shall be the basis for design. 1.2 Project Organ¢ation The project team members are identfied in the project directory in Section 3.0 of this Plan. Fran Gault is the designated liaison for the Owner. CommunPcations will be routed through her or records of communications will be copied to her, if direct contact with users is approved. CPMI is the Construction Manager. CPMI will be notified of all interactions between the Architect and the Owner, especially documented decisions related to design and scope of the project During construction, alI communications to the contractors will go through CPMI unless otherv✓ise approved. Until a construction office is estabiished, all communications shall be directed to the attention of Paul Oberhaus. Meyer, Scherer 8 RockcasUe, Ltd. is the Architect of Record. Jack Poling is the designated liaison for MS & R. The Owner is responsible for development of the program and design decisions on the project. H:1CM\Projec[s\8242-SPL\CMPL4N.dac 99 2.0 Project Requirements 2.1 Budget/Financial The tofal project budgef is shown in the Fnancial Status Report attached_ This budget is considered a maximum, and the Owner wili evaluate tradeoffs with their consultants and users during design fo avoid any cost overruns. The Foced Limit of Construction Cost is Item 190 Subtotal Construction. The Architects and Engineers shail design to a target 5% below the Fixed Limit of Construction budget and provide at least 5% in add aftemates with the cooperation and approval of the Owner and CM. 2.2 Master Schedule The Master Schedule for the project is included on the following pages. Phased occupancy of portions of the facifities wifi be necessary. Finaf construction schedule strategies wili be determined at the end of Design Developmenk 2.3 Bidding Strategy The Owner anticipates multiple primes. Earty packages may be requised for temporary faci4ities and material purchases. CPMI will prepare the preliminary General Conditions and Divisiort l of the project manual in conjunction with the Architect. H:\CIVTPrqecis\8262-SPL\CMPLAN.tloc 4 rn 0 N � � Q a W � � � F r � J Q U Z ¢ Z � � � a � � o a a o 0 o a = o 0 0 0 0 0 0 0 0 0 0 0 � O U � � J � S C � F� W Z 6 p O O O O O O w w_ � m � o � a Y i n- N � I� �O N �O Q � O W N W 01 f� � b N ` m V N O O O O O O w O ¢ � Q r w rc 0 o O o 0 0 a �+ w _ O o Q > z F Z o 0 0 0 0 0 0 0 0 W W ('J U' t0 l0 Z � � � �_ = m w a 0 U � O O O O O O F p LL �n c0 � O � ia d V�� N n OJ 6l � p Z � 1� Q �O N � u N O w O O O O O O F p w �o m �o O n b LL Q� GD � i� tiJ N �O f� 4 0 N tD � y a p 1� 7 �O N � W U N O O o O o O d m m z w a u+ a o 0 s � O U O f O O O O O O J V 2 � 0 � _ � O O V O O O O O O O W w tn aD �a O N O O V �' m �v � m m m O m 1� 7 �n m 7 n � d y � � d w F � J Z _I F (/J Q � � W Z O a Z � � m � Z O �++ vf i- w O V Q Z 2 w o F' Q Z � � U O ¢ O � �y � w a 2 w w W ¢ Z ¢ E LL 7 � N H o ¢ ¢ x O O 4 d d LL U V w o O O O O O O Q o 0 0 0 0 0 � O O O o O � � V (� �O I� p� � 0 'm a � N O W 6f W W O � W � T � a+ d C m> R W a � � � � Q Z N N m � O O p ty p Z � � V � � F N Z O V a c « m m �o_E m O 3 C � m � � o m � � m � i� �p � L W m °� p L y C 2 41 n U c 0 � o 0 0 c a 0 Z V o O o U U � c � y LL Q F- � Z O U 99-��8 N X N V m � � � 0 N b Z O F � � Q Z � h' � ~ O� ZO w °- �w �� 'a � f- m� J � J Z V W Z U Z U �y > U J 7 a a F- z a � � � � � 00 O O O O d ai N z 0 a ¢ a J a c a a � O � F- Z Q J � N 2 O U Q Z O � � w ¢ a O O O m f Z � � Q Z Q � F c� w O ¢ a O O O u� a � d W af' y � Z 2 N Z Q 7 ai ¢ 7 F X LL O O n 00 O O O O 1� �D m � m � m m m } Q � 0 � . o ¢ LL LL ¢ y > a � z z = w w r z z � Z Z Q oo= U U U J Q � O � Z Z W Q � � Q (¢') W �- �" tl1 O U � 0 1 ¢ Z Q a C Q O O ¢ 1- O O � U U w¢ U� j m Q Q Q a � � C °� w w � V N¢� N w w Q j O F c7 CJ x a V O N M d' a��n c0 O O O O O O O O O O O O O W m m m m m W m U Z (J Z r 2 O V 99-�� N N m T 99-75�8 m m 0 N b � 0 a W � � 7 F �"' � J Q U Z Q Z LL � � � � � o e o e e o 0 o a o 0 0 0 0 o ao 0 o e o o aasa�a o �e = o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C � . ti al O J 0 Z p � F W 2 6 Q O O O O O O O O O O O O O O O O O O O O O O O O O O F w O O O O O O O O O O O O O O O O O O O O O O O O O O �- O O O�O O o O � O o O� p O o cn O W io p ta o O O O O m w _ Y U � Q d' N�n n a c0 <O m n b � t� [O 7 N(O � � N�n i� O O O �a �p Q O � � N � � � � b � N b m n 0 V O O O p w O ¢ � � F W 2 O O O O ❑ _ V O � � � o > z ti O O o o O O O O O o O O o O O o O O O o 0 0 0 o O O c�J w w p p 2 � F � a o 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o� o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F o,� 000m000 �n 000a000mo m mo �n o000 0 Q Q V w V O b 1� O�D tO W ��a �- i� tO V' N tp W � N �ti n O O O ui �n U � N� d' � 1� � N O�- �D O � N [D o i o �o t� a d� � �n z _ � LL O O O O O O O O O O O O O O O O O O O O O O O O O O C m O O O O O O O O O O O O O O O O O O O O O O O O O O � o w o 0 o e o 0 0 �o 0 0 0� o 0 o m o m e o �n o 0 0 0 0 ~ d' N�D 1� �(O (O � ^�O e- I� (O a N(O � N O� ^ t�0 O� N W LL q Q O � lD ^ 1� Q� 7 �o � tA W U O O O O w � � W � 0 p U O � O O o 0 J V 2 � 0 U F K � O V O O O O O O O O p O O O O O O O O O O O O O O O O O F r O O O O O O O O O O O O O O O O O O O O O O O O O O O O O �a O O O b O O O to O O O nl O CO b O W O O O O O V� m 7 O tn I� O t� cD W ��O .- 1� (p 7 N[O N � N ui I� O O O tii �p o� N � d' W i� .- N O � �n O � N W �° tD i� 7 7 tq tn m � F Z J fA � N Q 1 a � Z O� O O Q C� m uf � cn 1- w H' W � Z� F w U Z � N¢ ¢ Z� Q� Z Z W lA Q O N 2> F a 1- N � O w O z U m F� z � c/) F � w � I- z Q�n N o m m Z ¢Y��o} ¢ UQ' �wt~iim= N Q�a � yp¢�-z "' w O a rn p Z W a N � m¢}� y a w � Q Z Q W`n � Z� LL j� dS ° F- m F- ¢ Q O N Q Q F- I- 'u Z 7� U cL � Z N � a ¢ u+ w U N �- ¢ w W N � F' O Z O W W 2 2 � Z � C7 U a U m LL Z � W H u' m �� W w v o p N H F- t �N ¢¢¢~ a'C u: � W� M� a w' Z Q U� Z > O w 0 Q W U U W � N U� j N ¢ W m¢ ¢ w j U dS � W �>> W d S �' ¢¢ F' O Q a a U U� a ��L � I"_ u1 � u- F- p � � m O K O d � Q Q m`n 2 rn �� N � a a x �- � O? 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'Q a� -i Z� a W Z o o m m m m z o 3 m m m o 3 = a O U m F � U U I- O ri F 1- w U p V F i- -� N a � � N m � � O O O O O O O O O� �.- .- � �� Q p O O O O O .. � � � V O O O O O O N N N N N N N N N N N N N N O O Of � W T 0 � � " . . . . . . . . . . . . � � e �„ x � N � 0 �� . - ----- ------- -------- ------- ------- --------- --------- ------- -------- -------- -------- --------- ------- ------- ------- 0 W W U O C a Z r o w Q U F 0 F � W C' Z w � a W ----- ------- ----+°-- � i �— --------- Z Q-- � V � . W Z W 4.' F F' m O 0 0 Z V J � f IG Q �- F� j F _____�-} _____ O__ 4 tL o� 2 ------- ------- W �a o � � W�,�„ 9 Z m m� o! U C� W F F ��~ F 0. K Z C) j W W � j m W K� F C7 1- U�C `L pp R -� 0. Q a1 fq Z p>> W I- � W � j V G O � O W a�_l � �� Z U Q p a � � � � � � � _ r p Q V m Z _________ _'___'___ __'__p�G �u. z F F . KV --�------ p z w a r V U a W Z � o p a a W F m V W '________ _'_____'_ ___� Z "_�___ _'_______ � O F U N W F � O U Q W W a a t� O 99-7�' 2.4 Design Document Requirements The Checklists on the foliowing pages contain the requirements for adequate cost management documentation at the various stages of design. Cost management reviews wili aiso t2ke place at a6out the midpoint of Contract Document ¢reparation and p�or to bidding. Each of the architecturai and engineering design disciplines will be expected to have their drawings and tecfinical specifications to the level noted for that phase of the reporting. CONCEPTUAL DESIGN Drawings Site/Civil If unusual site: Basic site plan or notation on floor plan; demolifion; preliminary construction for aitemate entries, loading, etc. 2. Architectural a. Floor pians to include: (1) Overall building dimensions. (2) Locations of interior walls. (3) Room names. (4) Building entry doors. (5) Existing drawings showing demolition (6) Location of conveying systems b. Sections and Details (1) None required - notation on floor plan of floor-to-floor or floorvto-roof heights. (2) Notation indica6ng planned interior wall systems (e.g., stud and gyp at partitions between classrooms and in office suites; glazed CMU at toilets; bumished CMU at corridors). c. Elevations None required - notation on floor plan of exterior wall construction (e.g., CMU and brick with gyp interior). 3. Structural a. Foundations - notation of expected systems, (e.g., spread footingslcontinuous footings, piles/pile caps/grade beams, etc.). b. Supported floors - notation of type of system to use for report (e.g., precast piank on steel). c. Roof - notation of type of system, (e.g., precast double Ts on bearing wails/bailasted EPDM roofing). H:\CIvTProjec4s\8242-SPL\CMPLAN.tlx � � 9g 75F8 CONCEPTUAL DESIGN (Continued) 4. Mechanical a. Plumbing - Notation of types of systems. b_ Fire Protection - Notation of types of systems. a HVAC - Notation of types of systems (e.g., pmpus or stand-aione, hydronic or forced air, etc.). 5. Electrical: Notation of types of systems. Project Manual Program areas by classfication and Net Assignabie SF, Net-to-Gross factors to determine Gross area. SCHEMATIC DESIGN Drawings 1. Site/Civil a. Soils report. b. Site utilities - located and sized or notation of approximate focation of existing mains (e.g., water and gas in street north of properry, sanitary and storm in easement east of property, etc.). c. Grading plan, if available, or notation of site conditions (e.g., basiqlly flat site, slopes to northwest from approximately 50' from camer, large guily in middle of site, etc.) and existing site survey. d. Site Plan with paving types indicated (e.g., concrete, brick pavers, asphait, etc.). e. Site improvements located (e.g., railings, retaining wails, etc.). f. Demolition. 2. Architectural a. Floor plans to include: (1) Overall building dimensions. (2) Interior wall locations and iypes. (3) Door locations. (4) Building sections marked on floor plans. (5) Room names. (6) Caseworlc & equipment layouts. (7) Roof plan showing levels, parapet, equipment � roof drains. (8) E�dsting drawings showing demolition. (9) Location of conveying systems. r:�cnm��s�szazsa��cmatnN.ao� 12 99-7�8 SCHEMA7IC DESIGN (Continued) b. Sections and Detaiis (1) Longitudinal & Transverse building sections including sections through each wing with floor and roof elevations indicated. (2) Sections sfiowing unusuai floor changes and other special conditions. c. Elevations F�cterior wall elevations indicafing materials used, floodroof elevations and grade fevels. 3. Structural a. Foundations - pre{iminary foundation drawings sfiowing locations of cotumn footings, continuous footings, piles, pile caps or grade beams and s¢e. b. Supported floor plans indicating s¢ing of slab/precast and preliminary support information (e.g., steel beams and }"oists, precast beams, etc.}. c. Roof plans indicating sizing of deck, sfab or precast and prefiminary support infortnation (e.g., steel beams and joists, precast beams, etc.). 4. Mechanical a. Plumbing Floor plans showing plumbing fixtures and equipment locations. b. Fire Protection - Notation of types of systems, location of standpipes & equipment. c. HVAC (1) Descriptions and sizes of the heating and air conditioning systems to be used (e.g., hot water heat from central campus steam with fin-tube at windows and VAV boxes with reheat coiis, etc.). (2) Indicate type of building management system to be used. (3) Demoifion. � 5. Efectrical a. Descriptions of lighting systems (e.g., parabotic floor. at 4.c. in classrooms, parabolic floor. at _ f.c. in offices, metal halide at _ f.c. in gymnasium, etc.). b. Special electric requirements (e.g., fire alarm, security to include PIR devices in corridors, CCN, card readers at aII exterior doors, inteccomlpage system, stage souRd system, etc.). Project Manual 1. OuUine specs a. Typical for site, concrete, etc. \\MPLS1Vv1PL$1_D\!HOmeICIN�Projecis\82425PL1�1PLAN.doc � 3 gS-�4�8 SCHEMATIC DESIGN (Continued) b. Infortnation for. etc.). Storefronts/Curtain Walls - same as windows. Skylights - glass or piastic. Special resiiierrt flooring (e.g., rubber, sheet vinyl, etc.). Carpet (e_g., carpet tile, glue-down, pad, etc.). Acoustical ceiling. Acoustical panels. Non-typiql speciaities. Equipment Elevators and escalators (capacity and speed). (6) �) (8) ( (10} (��) ��2) (13) (14) 2. 3. Schedules a. Architectural � (1) Brick-manufacturer. (2) Stone- type and quarry. (3) Casework - custom (PLAM or wood) or pre-manufactured (LSI, Meriilat, etc_) (4) Roofing (e_g_, _ mii EPDM, bailasted or 4-ply buiit-up, etc.). (5) Windows - manufacturer rf know, type otherwise (e.g_, wood-clad, aluminum, (1) Room finishes - Descriptions of typical finishes to use and typical ceiling heights. (2) Doors - descriptions of typicat doors {e.g., wood at classrooms and offices, hollow metal at mechanical and misc. exterior doors, etc.). (3) Specialty equipment and systems. Mechanical � (1) Major HVAC equipment listings. (2) Speciafty equipment and systems. c. Electrical (1) Light Fi�ures (2) Specialty equipment and systems.. Cut Sheets for any known special equipment DESIGN DEVELOPMENT Drewings 1. Site/Civil a. Soiis report b. Site util'�ies - located and sized. c. Site tighting d. �aadscaping. e. Grading plan. H:\CM�Projects\82425PqCMPLAN.doc 14 99-��' DESIGN DEVELOPMENT (Continued) 2. f. E�dsting survey. g_ Site Plan with paving types indiqted (e.g., Asphalt, Brick/Stone Combination �% Brick &_% Stone in _Bed, Concrete, etc.). h. Site improvements information (e.g., railings, retaining walls, etc.)_ i. Demolition. Architectural a. Fioor plans to include: (1) �2) (3) (4) (5) (6) (7) ( (9) Dimensions - Grid lines and exterior wails. Wall types and locations. Door numbers. Section (buildings 8 walls) and elevation references. Room numbers and names. Large scale drawings for "typical" rooms. Casework and equipment layouts. Roof plan showing crickets or pitch, valieys 8 ridges; skylights; roof drains; roof elevations; identify roofing and insulation to be used. Existing drawings showing demolition. b. Sections and Details (1) (2) (3) (4) (5) (6) (7) ($) Sections through each wing with floor and roof elevations included. Sections through stairs. Sections showing unusual floor changes and othe� special conditions. Section through typical exterior wali (both with and without windows). Section through atriums, galleries, etc. (multi-story spaces). Sections through typical inferior walls. Sections through speciai ceiling conditions. Sections showing roof conditions (typical and special). c. Etevations (1) Major exterior wall elevations with materials identified. (2) Typical casework elevations; special casework elevations and descriptions. (3) Special railings. 3. ►.� A fis5ng of proposed a{temates before estimate commences. Structural a. Foundation plan including columns and slab-on-grade with s¢es and reinforcing shown. b. Suppofted floor pfans with support members and decking information. c. Roof plan with support members and decking information. d. Sections/details showing typicai supported floors and roof. e. Sections/details for any special foundations requirements. H:ICM�Pmj¢cts\g242-SPqCMPLAN.tloc � �J 99-��8 DESIGN DEVELOPMENT (Continued) 5. Mechaniql a. Plumbing L7 �� (1) Floor plans showing piumbing fatures, equipment and piping ( to be sized) mains wiih typiql branch. (2) Riser diagrams. Fire Protection - drawings indicating areas, types of systems, standpipes and equipment HVAC (1) Floor plans showing locations of VAV boxes, grilles, registers, diffusers, fin-tube radiation, unit heaters, exhaust fans, NVAC equipment (2) Enlarged plans of inechanical rooms. (3) Schematics for 6uilding management system inctuding hardware points. (4) tiVAC duct s¢es (mains) with typical branch sized, 'rf applicable. (5) HVAC piping sized (main) with typicaf branch sized. (6) Special dampers shown. d. Demolition 6. Electrical a. Floor plans showing light fixtures, devices (with legend) panel boards, transfortners and speciai electrical system devices (other than fire alarm)_ b. One-Line diagram with feeder sizes (conduit and conductor). c. Main switchgear and motor conffol center sizes. Project Manual Outline specs a. Typical for site, concrete, etc. b. ModeUmanufacturer information for. (1) (2l (3) (4) (5) (6) �7) ($) (9) (10) �1�) (12) (13) (14) (15) (16) �1�) Brick. Stone_ Wood trim type (white oak, mahogany, etc.). Casework- custom (PLAM orwood) or pre-manufactured (LSI, Kewanee, etc.). Roofing. Fire shutters. Security grilles. Windows and specialty doors. Storefronts/Curtain Walis. Skylights. Special resilient flooring (e.g., rubber, sheet vinyl, stone). Carpet Acousticai ceiling. Acoustical panels. Non-typical specialfies; Operable partitions, etc. Equipment. Etevator or escalator (capacity and speed, not manufiacturer). H:�cnmv.o7��azazs��cmri.�w.ao� 16 DESIGN DEVELOPMENT (Continued) c. Mechanicai specs to include insulation requirements. 2_ Electrical specs to inciude speciatly systems. 2_ Schedules r/�- 74�8 a. Architecturai (1) ftoom finish w'sth ceiling heights and accent walts identified; also, wainscot heights. (2) Door schedules showing door and frame types and sizes, hardware sets or generai description of hardware to be used for typical doors. (3) Speciaity equipment and systems. b. Mechanical (1) . Plumbing fictures. (2) AA NVAC equipment manufacturerlmodel identified inctuding Variabte Frequency Drives. (3) Control points list (4) Fire Protection Equipment c. Electrical (1) Lightfixtures. (2) Panei boards. (3) Transformers. (5) Switchgear. {6) Specialty equipment and systems. 3. Cut Sheets a. Architectural equipment, special finishes (or allowances). b. HVAC equipment c. Plumbing fixtures. d. Light fi�ures. e. Special electrical equipment. H:\C1MPrOi¢cts\62625PL\C1�1RAN.doc 17 99-�y8 3.0 Project Directory OWNER Citv of Saint Paul Public Librarv 651/266-7000 90 West Fourth Street 651/292-6660 Fax Saint Paui, MN 55702 Carole L. Williams, Library Director Lee Williamson, Facility Manager Fran Galt, Support Services Manager 651 /266-7070 carolew @ I ibrarv.stoaul. tiB.mn. us 65 "I /266-7080 650-9940 Pager IeewCdlibrarv.stoauf.lib. mn.us 651/266-7072 franq@librarv.stpaul.lib. m n.us Mary Clare Huberty, Project Manager/Central Renovation 651/266-7023 maryclah@Iibrarv.stnaul.lib. mn. us CITY OF SA1NT PAUL Real Estate Division 651{266-9167 740 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Herb Holzschub Contract 15 W. Keffogg Bivd. 280 City HaII Courthouse St. Paui, MN 55102 Susan Feuerherm Services 651/266-8908 RiverCentre 651 /265-4801 175 W. Kellogg Bivd. 651/265-4899 Fax Saint Paul, MN 55102 ' Jim O'Leary H:\CM\Pmjec(s\8242-SPUCMPL4N.tloc � 8 9 -75�8 2850 Metro Drive, Suite 329 Bloomington, MN 55425 Paul Oberhaus, Vice President Larry Gieason, Vice President Susan Campbell Jones, Senior Project Manager 612/8543663 612/8542847 Fax poberhausC�comi.com Iqleason(acomi.com siones(�comi.com DESIGN TEAM Mever. Scherer & Rockcastle 119 North Second Street 612/342-2216 Fax Minneapolis, MN 55401 Jeff Scherer Christopher Schmitt D. Jack Poling Traci Engle Lesneski 612/375-0336 612/375-8707 612/359-3236 67 2/359-3238 7KDA 612/292-4400 1500 Piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55101-2140 James E. Budke, PE HAZARDOUS MATERIAL CONSULTANTS 612/292-0083 Fax BRAUN INTERTEC 612/941-5600 6875 Washington Aven�e South 612//942-4844 Fax P.O. Box 39108 Minneapolis, MN 55439-0108 Gregg Kruse cc: Team Members Larry Gleason, CPMI Paul Oberhaus, CPMI Susan Jones, CPMI CPMI - DSM File: 8242-241 H:\CM�Prqec[s\8242-SPUCMPLAN.doc � 9 • � E%HIBIT B � 99 7�$ ; ACORD - � . pr ; 7 � . �� +t . ....__ _ _ �;��E��_-��E�E�a'� : oahro�Mmom� ., - ::.> -..... , _ - _ -.--- 5f'f3l99 . . _ _ ... _::s.. �� ,..... -. __" '_'_ _.: ..:^ °RpDp 800-441-7344 THIS CERTIFlCATE IS ISSU� AS A MATTER OF 1NFpRry�q Kirke-Van Orsdel, IncOrporated a�Y � CONFERS NO RIGHTS UPON THE CER71FiCq7E HOLDER_ THIS CERTIFlCATE DOES NOT AMEND, EXTEND OR P.O. BoX 70395 ALTER THE COVERAGE AFFORDm BY THE POLIqES BELOW. Des Moines, lowa 50306-0395 COMPANtES AFfaRDtNG CoVERqGE - 5'15-243-1830 COMPqNY - � p Employers Mvniai ComP�Y � . COMPANY CPMI, Inc. B CPMI Construction, Inc. � 100 East Grand, Suite 280 � Des Moines IA 50309 COMPANY D �Y�G� ..., .-,.� ., >,_..:. _.. - ..u._ ... _.-;�... , ..._-;�._.. _. - ..__.w ..,._H,<�_- _ __,...,,.,Nr -_ .,..�:,w - --...� _ ...w... - --' THIS IS TO CERIiF1' THpT THE POLIqES OF INSURANCE LIST� BaOW HAVE BEHJ ISSUm TO 7HE INSUR� NAM� ABOVE FOR THE POLICY PERIOD PlDICATED, NOTWfTHSYANpMG ANY REQUIREMINf, TERM OR CONDfiION OF ANY COMRACT OR O7HFR DOCUMEM WffH RESPECT TO WHICH THIS CEfiTO-ICATE MAY BE 15SUm OR MAY PERiA1N, THE INSURANCE AFFORD� BY THE POLIC�ES DESGPoe� HER�N IS SUBJECi TO ALL THE TERMS, EYCLL'SIONS AND CON�ffIONS OF SUCH PoLIqES. LIMITS SHOWN MAY HAVE BEH�! REDUC� BY PAID CLAIMS. co nve oF rt+sunaxce roucr xumea' roucr ax�cnvE wucr ocvmwlwn LTR OATEP�IDDIYI•) UATEIMMIODIY'n IJMRS A�� SD4447500 ' 4/O7l99 4!0'I/00 ��A�� 5 1000000 X COMMFACW. f�V�q� �IpgILRY PfiODVGTS - COMP(OP AGG 5 'IOOOOOO CIAIMSMADE � OCCUR PERSONAL&ADV INJURY 5 SOOOOO OWNERS & CONTRACYOR'S RIQT FACH OCCUfiFiENCE 5 $00000 X FellowEmpl FIPEDAMAGEfMymiefre) 5 �00000 X PerLocPro' ' Mm IXP (Any o� persa�� s 5000 A ^ �OMO��TY 8E4447500 4/O7l99 4/07/00 X�, q � Q comew� swoE umrr 5 500000 X AILOWNmAUT05 BODILY QJJVRY s X SCHmU{ID q1JTOS (Pa Dasonl X HIRm AIiTp$ " BODILYIWURY 5 X NON-O`MJm AUTOS IPa acadenU PpOPHlIY UAMAGE 5 �� AUTOONLY-EAACCIUENT 5 ANY AUTO OTMER THqry AUTO ONI.Y: EACH ACCmQJr 5 AGGREGA7E 5 A occESSUnsiurr 8J4q47500 4lQ1l99 4/Otl00 enncxoccua�cE 5 5600004 X �B�^ FO� n��.rE 5 SOOOOOO ' QTHE4l!_1k l!ABREiU' F9RM ' . § WCSTATU- OTN-? ...� . woweees comveuswnox axu 8H4447500 4/01l99 4/07/00 . � � � .. ,._ :...: � .::.:.::.. . ...:.:.. e�nmess' iwenJrr aEnncHaccioear s 5�0000 m�rnoeniErow X iNC� ao�sEase-roucvuan�r s 500000 PARTN6i5lE(EGUi1VE °�'� ^� «a a o�e - Fn emei.ov� s 500000 oniae oESCx�r�ox oF areuTronsn.ocanoxsrvenc�srsrECw. rrexs C�iF[t:1�k"�71Fi.�.E� ' -- =- _ . ._. .._ . _ ._ . -- _ ---_ _ - -. - .._ _ _. , __,_., _u,.. ..,. , ---..._..... -... .. .. - � - _ .: ,. �3�i'fl�.. .h -�._.., .._._..�s _ _._. SHOUID ANT Of iF� ABOVE DESCf�� POUGffS 6E GANCHl� BffORE THE -•: St. Paul Public Librasy �� uar� Txe�wF, TME aruw� COdIPANY WLLI, gypEqYpR TO maa %Lee Williamson 3o uwrs wnrrra' xonce ro'rxe cenuicah xotnEn rinmm ro niE �r, 90 West 4th Street BUT FALLUItE TO MALL SUCH NQIICE SIWLL pNpOSE N�pgU�qnCN OR IIABpfiY St. Paul, MN 55102 oF ANY KWD u - c P , RS . OR �rnESevrarrvES. . wrxo� n�xESavr ' . _ .'. .. : .. � �.. � _:.� �� :: i .: c� .::� � , a .e . . j _ � : �y :.; ( : y :. ...::.::::::.:vc::�:.::_:a..:::....:.:::.:... -:_:...::::.::::._.::::::.,.::_-:-.:::::..::....::::::::,::::.:.-:::.... .,..,.:.:..:.„.::.::...,::....:-.-:.:.: �:::...:;/...-.:,-:.::<:....�.�.,:f-��`� �'""."'" ��YFiM._'�..w'A S'IIF�PJj': �. - ' ' 4 _ _ _ . � h y � ; � ..�. .. .: . __ .. _ _ _':i .� �� :::� - . � ....V. _ �. _ _..i ......_ w. _ {�'��RV �Tt�i�t'��. 99-7�8 E��.�IT C 1999 SCHEDITLE OF FEES CLASSIFICAT'ION Principal Senior Project Manager III Senior Ptoject Manager II Senior Project Manager I . Project Manager III Project Manager II Project Manager I Assistaut Project Manager II Assistaut Project Manager I Chief CosUScheduling Engineer Senior Cost Engineer CosdScheduling Engineer III CosUScheduling Engineer II CosdScheduling Engineer I Cost/Scheduling Technician Senior Planner PlannerlII Planner II PlannerI Clerical HOURI.Y RATES $ 95.00 85.00 74.�Q 68.00 74.00 68.00 63.00 53.00 47.00 90.00 74.00 58.00 53.00 47.00 42.00 68.00 63.00 53.00 42.00 32A0 G:\!HomelMarket\Proposals�Boiler�ees99.doc Revised II March, 1999 . _: - �iBZ� B 94-75� 6_4 Insurance Requirements The successfui proposer will be required to carry insurance of the kind and in the amounts shown below for the life of the confract 6.4_1 Commercial General Liabilitv Insurance $1,000,000 each occurrence $2,000,000 general aggregate $2,000,000 products/compieied operations total limit $'I,000,000 personal injury & advertising liability Polices are to be written as acceptable to the Owne�'s Risk Manager_ Cefificate of insurance must be issued on a claims-made basis. Coverage shall include contractual liabiliiy coverage either on a blanket or specfic basis to cover this Agreement. The City of Saint Paul, its officials and emploqees, and the Construction Manager shall be listed as additional insureds; a cross suits endorsement shall be provided to the benefit of the Owner, Coverage sfiall provide for defetion of the CCC exciusion or broad form property damage. v 6_4.a Automobile Insurance: Coverage shal( be provided for hired, non-owned and owned A. Bodily Injury B. Property Damage $750,000 each occurrent; $1,000,000 aggregate Not less than $50,000 per accident 6.4.3 Standard Workers Com�ensafion: per Minnesota Statute Emoloyer's Liability shall be: $500,000/$500,000/$500,000 Other States Coverage 6.4.5 Professional Liability Insurance: Liability Insurance shall have a minimum limit of $1,000,000 per claim. Aggregate limited $2,000,000. Polices are to be written as acceptable to the Owner's Risk Manager. Certificate of insurance must be issued on a claims-made basis. Coverage shall incfude professional liability coverage either on a blanket or specfic basis to cover this Agreement The City of Saint Paul, its officiais and employees, and the Construction Manager shall be listed as addfional insureds; a cross suits endorsement shall be provided to the benefit of the Owner, Coverage shalf provide fior deletion ofi the CCC exclusion or broad fiorm property damage. Page I _ _.: - -- �.��:��.� fi_4.6 License as reauired 99-�'�� 6.4.7 All Certificates of Insurance shali provide that fhe insurance company give the City thirty (30) days prior writEen nofice of qncellation, non-renewal anc}/or any maferial changes in the policy. 6_4.8 The above paragraphs establish minimum insurance requirements, and it is the sole responsibiliiy of the Architect to purchase and maintain additional Insurance that may be necessary in connection with this agreement 6.4.9 The Architect shall not commence work until the Architect has obtained the required insurance and filed an acxeptable Certficate of Insurance with the Owner. Copies of polices shall e submitted to the Owner upon request. 6.4.10 Nothing in this specification shall constitute a waiver by Owner of any statutory limits or exceptions on liability, defenses, or immunities. 6.4.11 Certficates shall specificatly indicate if the policy is written with an admitted or non-admifted carrier. BesYs Rating for the insurer shall be noted on the Certificate, and shall not be less than an A+. 6.4.12 On the Certificate the agent shall certify that the agency prries Error and Omissions coverage. Page 2 EXHI�IT C Qg-+�� DEPART`4EMTOF FiU�t:\\ RIGHTS 1N. H. Tyrone TeiTill, Direcror SwINT PAUL � AAAA CITY OF SAINT PAUL iVonn Calentm:, hfaror TDD: 6�1-266-897i AFFIRitiIATIV� ACTION/EQUAL E�IPLOI'b1ENT OPPORTUNITI' REQUI1tEMENTS NON-CONSTRUCTION COVTRACTS Section 183.04 of the Saint Paul Legisiative Code (Human Ri�hts Ordinance) and [he Rules Govemin� Affirniative Requiraments in Employmen[ set forth the Affirmative Action Requirements which aze to be incorporated into and made a part of every contract entered into by the Ciry of Sainc Paul. These documents are availabfe at the Departmznt of Human Rights, 900 Ciry Hall, Saint Paul, Minnesota »10?-1681,(612) 266-8966. The Saint Paui Department of Human Rights is responsible for monitorin� the Contract Compliance Proaram to determine whether or not persons or firms doin� business with the City are complyin� with Section 183.04 of the Human Rights Ordinance and [he Rules. As stated in Section 183.04, the contractor will not discriminate against any employee or applicant for employment because of race, creed, reli�ion, sex, sexual or affectional orientation, color, national ori�in, ancestry, familial status, age, disability, marital status or status with regard to public assistance. E�IPLOYERS �VHO CO�'TRACT �VITH THE CITY OF SAINT PAUL bTUST DO MORE THAN b�IERELY AVOID DISCRIVIINATORY PRACTICES. THEY bNST ADOPT AND II�IPLEI�\'T AFFIRiYIATIVE ACTION PROGRAMS TO E�LOY NII\ORITY, FEMALE AND DISABLED PERSO�TS. The contractor must a�so include the Affirmative Action provisions of the Human Riahts Ordinance and the Rules in every subconkract, purchase order or a�reement with any subcontractor (includin� material suppliers and subcontrac[ors who enter into a contract with another subcontrac[or or material supplier), cvith stipulations that the subcontractor is bound by the terms thereof. A CO\"TRACTOI2'S AFFIRNIATIVE ACTION IN THE EYII'LOYMENT OF NIINORITY, FEMALE AND DISABLED PERSONS �VILL BE TAI�N INTO CONSIDERATION IN THE A`VARDING OP A CONTRACT. It is the contractor's responsibility to become familiar and comply tivith the City's requirements and to ensure that their subcontractors comply with them. Technical assistance will be provided by the Human Ri�hts Department staff upon request. The follo�vin� documentation must be submitted to the Department of Human Ri�hts for approval before a contract will be a�varded: AFFIRI4ATIVE ACTION PROGRANI Every contractor or subcontractor whose total accumulated con[ract or subcontract awards from the Ciry of Saint Paui over the precedin; twelve months has exceedzd �50,000 shall develop and implement an effective Affirmative Action Pro�ram in cvriting substanfially similar to the Department's Model Affirmative Action Pro�ram for Non-Construction Contractors, which shall include hirino goals for the employment of minorities, females and disabled persons in the contractor's work force. Once the AFfirmative Action Program is approved by the Department of Human Riahts 900 Cin• Hull 15 lI' LCelloa; Bo�dei•m Saint Paul, d'IV i�10_'-1681 Zelephone: 651-1 GG-89G6 Facsimile: 651-266-8962 An ACirma[i�e Ac[ion, Equat Opportuni(}� Empluya Page I • • ' ` - Aftirmative Action Requirements 9'9 Page 2 tile contractorwil! be notified of their compliance status. Compliance with Section 183.04 is valid for two (2) years. At the end of the two-year period the AAP must be reviewed and updated. The Model A�rmatiie Action Program is available from the Department of Human Rights. A l�Iodel Nlodified A�rmati�e Action Proaram is a��ailable for contractors ticith ricents• (20) or fewer emplo}ees. Cpntact the Department of Human Riahts for more infarmation. EQUAL E11�IPLOYII�IENT' OPPORTUNITI' POSTERS must be posted in the offices of the con[ractor. The Human Riehts Department staff will monitor the contractor's a�rmative action efforts and resulu. On-Site Compliance Reviews will be conducted on the work force of companies that enter into contractual agreemen[s with the City of Saint Paul. The purpose of the revietiv is to det�rmine the contractors' compiiance with the rules, re�ulations and orders of Section 183.0-1 of the Human Ri;hts Ordinance. On-site reviews include reviewin� the implementation of the contractor's Affirmative Ac[ion Pro�ram, personnel policizs and procedures. Contractors may be required to provide additional documentation in order to deteanine whether or not they are makin� measurable improvements in the hiring of minoriry, female and disabled persons, includin„ but not limited to the follo�vin�: 1. Good Faith Efforts Questionnaire 2. Applicant Flow Data 3. Employee Turnover Data 4. Documentation Supportin� Dissemina[ion and Implementation of EEO/AA Policies. 5. Documentation Suppor[in� Recruitmen[ Efforts. Failure to comply with any of the requirements set forth above is sufficient �rounds for discipiinary or remedial actions provided for under Article IV of the Rules, nameiy: 1. Termination of ihe contract; 2. Suspension of the contract undl corrective steps are taken; 3. Continuation of the contract subject to the imposition of conditioas to correct the noncompliance; 4. Declaration that the contractor shall be ineli�ibie to bid on fumre contracu either pecmanentiy or for a stated time; or � A combination of the above. It is imperative tha[ Vendors who are being considered for contracts of 550,000 or more contact the Human Rights Department's Compiiance Division to obtain copies of the requirzments and documen[s in order to expedite the Affirmative Action reviewin� process. If you have anp questions, please contact Bonnie Jellinek, Linda St. Ores, Cazoljean Coventree, or Daniel Klinz at (651) 266-8966. 8!7l97 An Aflirmati.e.4e[ion. Equsl Opportunity Empioytr 99 MEYER, SCE�.RER & ROGKCASTT.E, LTD. Hourly Billing Schedule Effective 1 January 1999 - 31 December 1999 HOURLY BILLING CATEGORY RATE Principal Architect Supervisory Architect Registered Architect Intern Architect Model Builders/Drafters Head Interior Designer Interior Designer CADD Manager Administration $150.00 $ 80.00 - $100.00 $ 53.50 - $76.50 $ 37.50 - $85.00 $ 28.50 - $35.00 $ 100.00 $ 37.50 - $65.00 $ 60.00 - $72.50 $ 37.50 - $55.00 There will be an increase in rates of approximately 5% each year. EXHIBIT E Cify of Saiat Panl Wam.tntp Lan for the Year 2000 - Issaed: Angust 1993 Pem� 2000 compliance means that infoanation resoisces and_applicable systems meet the foIIowing criteria andlor perfo� as describerL 9'9-7�P 1_ Data strucriues ( database, data files, etc.) provide 4-digit date centtuy recognitio� Example: `1996' provides "date century recogmtion," `96 does not 2. Stored data coniains date century recognition, including (but not limited ta) data stored in databases aad hardware/device internal sys[em dates. 3. Catculations and progrdm logic accommodate both same century and mu(ti-cenhny fo�ulas and data values_ CaIculations and logic include (but are not limited to) sort aigorithms, calendar generations, event recognition, and aii processing actions that use or produce data values. 4. Intezfaces to an from other systems or organizations) prevent non-compliant dates and data from entering or exiting any City sgstem 5_ User interfaces -('ie_ screens, reports, etc.) Accucateiy show 4-digit years ( if criticai to the business fimction)_ 6_ Year Z000 is conectly treated as a leap year witlun all calculations and calendar logic. Year 2000 Com�liaace (Please fiII in blmeks with veruior mm�e and appropriate sigr:atw�es.) wurants thai the hardwaze and softwaze offered in response� to this RFP/bid specificxtion developed or modified by said company and used befote, dising; and after the timm of the centisy shall not experience abnormat ending andior produce invalid or incosect 2eSllLTS ]Il tile opCI3lton OZ Clle bUSID.eSS oY Tt.11Ce l.it}� OI J31IIL r8ll1. AIl date fields shall include the correct century date field which recognizes the date with the correct century, calculate same centtuy, and muiti-century formuIas and data values and interface values regarding the centiuy. wi11 thoroughly test the capacity to maaage multi-century dates priar to the use of the year 2000 date and warrants that atl code adjustments required will be completed in a timely manner and not at a cast to the City of Saint Paul_ This wazranty shall be in effect until December 31, 2000 or one year after system production, whichever is latez. Page 1 EXHIBIT F 9q-7�� yTuc. Standard Form of Agreeme t for Interior Design Services AIA Document B171 - Electronic Format THIS DOCUMEN'1' HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITIT AN ATIORNEY IS ENCOIJRAGED WI'IH RESPECT TO TTS COMPLE'iTON OR MODIF•TCATTON. AITTf�IENTiCATION OF "1'HIS ELEGIROHICALLY DR9FIED AIA DOCUMENT MAy gE MADE BY USING AiA DOCUMENI' D401. Portions of this document are demed from AIA Document B141, Standard Folm of Agreement Bemeeu Owner and Architect, copyright 1919, 1926, 1948, 1951, 1453, 1458, 1961, 1966, 1967, 1970, 1974, 1477, 1987 by The American Lutitute of Aschitects, and ASA Document B707, St�dazd Fotm of A�eement £or Interior Design Services, copyright 1972 by The American Institute of Arcltitects. MaTerial in AIA Document B171 differing from tLat fomd in AiA Documents B141 and B707 is copyrighted 19"/7, 1979, 1990 by The American Instimte of Acclutecis and 1Le American Society of Iaterior Designen. Reproduction of the mazeria( herein or substantial quota6on of its provisions without written pem�ission of AIA and ASID violates the copyright laws of the United Sta[es and will be su6ject to legaL prosecution. AGREEMENT made as of the 7day of Jwte in the yeaz of 1949. (Lz words, indicate dc9; month and year) Sevenfti_day of:Taue-A7iueteeaffimdiedaudNmety=lYiue BETWEEN the Owner: (Name and address) Sf. PauT-R�lic F.ilirary Ggntial' L` itiraty 90 Wes�Faurth.S�eet St. PauLdvlN: 5S l02 and the Architect: (Name and address) Meyer, _Scfieier &Rockcastle, Lftl': IY9 North'aSecond�Sh MianeapoIis 1VIN 554Qi For the following Project: (Include detailed descriplion ofProject, location, address anJscope.) Inteiior Desi�_Sarvices The Owner and the Architect agree as set forth below. A[A DQCUNIENT B171 - INTERIOR DESIGN SERVICES AGREEMENT - 149� EDTTION - AIA - COPYRIGHT 1990 - THE AMERICAN INSITLCITE QF ARCIIITECTS, 1735 NEW YORK AVINUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 -'TfIE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSEiTS AVEN[TE N.E., WASFIINGTON, D.C., 20002.Unlicensed photocopying violates U.S. copydght laws and is subject to legal prosecution. Tltis document was elechonically produced with pemiission of the AiA and can be reproduced without violation until the daTe of eacpiration u noted below. ElectronicFormat B171-1990' User pocument: 9934A1A6171.DOC — 6Rl1999. AlA License Number 1 ��381, which expires ort 3/6l2�0o — Page #1 99-�� STANDARD FORM OF AGREEMENT FOR INTERIOR DESIGN SERVICES ARTICLE 1 ARCHITECTS RESPONSIBILITIES 2.2.3 �e "__�� -assisE �e �SVaeF -ia -che ..,i..,.+ F � si... \il,..]F...�.i l. 1 Y �Y� � . 1.1 ARCHITECTS SERVICES 7.1.1 The Architects services consist of those services performed by the Arclutect, ArchitecYs employees and Arclutect's consultants as emmmeraTed in Articies 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Arciutect's services shall be performed as expediriously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a scheduie for the performance of the Arclutecfs services wluch may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approvals of submissions by authorities having jurisdiction over ffie Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement aze subject to the time limitafions contained in Subpaza�aph 11.7. ARTICLE 2 SCOPE OF ARCHITECTS BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 22 through 2.7 and any other services identified in Article 12 as part of Basic Services. 2.2 PROGRAMMING PHASE 2.2.1 ga�es �es�ate� �a �s �eea�eaE �e �sse�t�e -t�e a�gkeable �ec�ui�effiea4s s€�ke �ejes� aa� �-revier� -E�e a - 2.2.2 �ke �rslxtesE � -�esus�eaE �§e �ggke�le �ea�eats �esess�3` -€eF �he -vaaeas �ejes�-€crostiexs � � � �� eEe&�res -ses�` �ter� � ce�safieas 2.2.4 �e -�e}�Yee� �ka}} -aaa}yse .�e �y �€ .� }t.. : ..! C.�� 1..� R1..�1. T...`:,�..a i.L 1 aa�-Fe�e�ea#s � �ke-�ieas s€�§e-� -eF w..:ia:........,:«�.:.....�.:_U a.e n....:.....:.. «.. �. , .,.,t n , 2 .2.$ o,,..va ,... .. _�.,:,._......a .. ..i_ ..:.. r a i a �� E§e�fejee��lze�skites��kal��a�i�e-ait�iYtee-gFe�aer-e€ 2.3 SCHEMATIC DESIGN PHASE 2.3.1 �,� sa �e -aAgaeve� �� -gre� -s�e t1�sl�esF-ska}}$regaFe-feF-tke-9wseFSze��av�-g�e�ac� �s � �he aeaeF� �asbieaa� �ela�easlx�s � 2.3.2 �ke �askitesE -ska}} �o�^,P;' �ii§ �ke � a#e�aaHve -agg�easkes -Fe � -aa� � �xf -t§e .s '� - ' - . 2.3.3 Based on the approved relarionship diagrams, the Arclutect shall prepaze space allocation and utilizarion plans indicating partirion and furnishings locations and preliminary fiunitiue and equipment layouts. 2.3.4 The Architect shall prepaze studies to establish the design concept of the Project, indicating the types and quality of finishes and materials and fumiiure, fiarnishings and equipment. 2.3.5 The Architect shall submit to the Owner a preliminary estimate of the Cost of the Work, based on the recommended design concept and on current costs for projects of similar scope and quality. 2.4 DESIGN DEVELOPMENT PHASE 2.4.7 �ase�-ea�e-aggFeve��skeffiatis�esi�-aa�-ax� a�just+�ea�s � -�3� �e -9wsef -i� -�ke -gFe�; sske�x�e��iejeet�ge�-t#e �skites�-ska�-gFe�e a�grev��Y�he�aeF �esi��e�eleg�eaE�a�gs-a� � 2.4.2 The Architect shall prepaze sask data and illu for furnih fumi and equipment as may AIA DOCUMEN'I' B171 - INTERIOR DESIGN SERVICES AGREEMENT - 1990 EDTTION - AIA - COPYRIGHT 1990 - THE AMERICAN INST11'U'I'E OF ARCIIITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF 1N1'ERIOR DESIGNERS, 608 MASSACHUSETTS AVEN[JE N.E., WASHINGTON, D.C., 20002.Unlicensed phoWCOpying violates U.S. copyright laws and is subjec[ tn leaal prosecution. Tnis document was electronicatly produced with pemiissiou of the AIA and can be reproduced withou[ violation un51 tLe date of expiration as noted below. Electronic Format B171-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #Z 9'y-7 y4� be appropriate for the Project, including specially designed items or elements, to indicate finished appearance and functionaloperarion. 2.4.3 The Architect shall recommend colors, materiaLs and 5nishes not otherwise specified for the ProjecK. 2.4.4 The Architect shall prepaze such other Design Development data, illustrations and documents as may be appropriate for the Project, as descnbed in Article 12. 2.4.5 The Architect shall advise the Owner of any adjustments to the preliminary estimate of the Cost of the Work, based on anticipated imit costs and prices. 2.5 CONTRACT DOCUMENTS PHASE 2.5.1 �ase� sa �he -aggreve� -Besig�t �evele�ea� �ee�ea�s -aa� -aa�} -f�xeF -a�ea�s -ia -Ehe �sege � gua�} -e€ -�e -grejes� -eF -�a -tke °"-� � -Ehe �"�_,. at�er�ze� b3� �§e -9wne� -the �skitest ska� -gFega�� apgFev�}�3`-tke-9w�ef T`-..��,��.�_a� dee�ea�s �et�iag -€er� -�s �� §e -re�ire�estc � �ke �eae��exstr�s�iea$esessa�-feF-the-Pfejes�-�ke Ti� te -be � �} �e � � -t�eF -eae � -t�3ere 6eatrasts -�iefweeu �ke -9waeF -aa� �e�aste� � se�sciea- 2.5.6 The Architect, following the Owner's approvai of the Drawings and Specifications and of the latest preliminary estimate of the Cost of the Work, shall (1) assist the Owner in obtaiaing bids or negotiated proposals and (2) assist in awazdina and prepazing wntracts for �atefieF-ee�skiea and for fumiture, fiunishings �d equipment Bidd"mg and negotiatmg activities shall be coordinated by the Architect 2.6 CONTRACTADMINISTRATION PHASE 2.6.1 The ArchitecYs responsibility to provide Basic Services for the Conhact Adminishation Phase under this A�eement commences with the awazd of one or more Contracts or the issuance of one or more purchase orders and terminates at the eazlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substanfial Complefion of the Work. 2.6.2 F3alesss�ker�ise-�evi�-ia-�s�ees�ea�-�ke �es4 ska� �reviFle �ea �€�ke -sea�ae,ts -€eF se�stiea,as � -fe�x -ia -Eke -eEli�iea -e€�It� �est�ea� �-6eaer�-Gea�Heas-e€�e�as�� sxaeatas�€�§e�ate�€-this�eetaeat; the Arclutect shall provide administrarion of the contracts for fiunihue, fumishings and equipment only as set forth below and in the edition of AIA Document A271, General Conditions of the ConUact for Furniture, Fumishings and Equipment, current as of the date of this Agreement. 2.5.2 Based on the approved Design Development Documenu and any fiuther adjustments in the scope or quality of the Project or in the Project budget authorized by the Owner, the Architect shall prepaze, for approval by the Owner, Drawings, Specifications and other documents setting forth in detail the requuements for the fabrication, procurement, shipment, delivery and installarion of furniture, fiunishings and equipment for the Project. Such Work is intended to be performed under one or more Contracts or Purchase Orders beriveen the Owner and Contractor. 2.5.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of the Cost of the Work indicated by changes in requirements or general mazket conditions. 2.5.4 The Architect shall assist the Owner in the preparation of the necessary bidding and procurement informarion. 2.5.5 �he-tl�skitesf-s1��ssisE�he�-i$�eauesEiea for the approval of govemmental authorities havmg jurisdiction over the Project. 2.6.3 Duties, responsibilities and limitarions of authority of the Architect shall not be restricted, modified or eactended without written ageement of the Owner and Architect with consent of the Contractors, which consent shall not be unreasonably withheld. 2.6.4 The Arclutect shali be a representative of and shall advise and consult with the Owner (1) during the Contract Administration Phase until final payment to the Conhactors is due, and (2) as an Additional Service, at the Owner's direction, from time to time until expiration of any applicable correction periods. The Architect sha11 have authority to act on behalf of the Owner onty to the extent provided in tivs Agreement unless otherwise modified by written instrument. 2.6.5 The Arclutect shall assist the Owner in coordinating schedules for delivery and installation of the Work, but shall not be responsible for malfeasance, neglect or failure of a Contractor, Subcontractor, Sub-subcontractor or material supplier to meet their schedules for completion or to perForm their respective duties and responsibilities. 2.6.6 The Arclutect shall visit the Project premises as deemed necessary by the Architect, or as otherwise agreed by AIA DOCUMENC B171 - IN1'ERIOR DESIUN SERVICES AGRF.EMEN'1' - 1990 EDIITON - ASA - COPYRIGHT 1990 - THE AMERICAN INS"11'1'U"1'E OF ARCHITECTS, 1735 NEW YORK AVEN[JE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIEIY OF INTERIOR DESI(iNERS, 608 MASSACHUSETTS AVENIIE N.E., WASHINGTON, D.C., 20002.UNicensed photowpying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with pexmission of the AiA and can be reproduced without violation until the date of expirn6on as noted below. Electronic Format BI71-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #3 the Owner and Arciutect in writing to become generally familiaz with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicatmg that the Work when completed will be in acwrdance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous inspections at the Project premises to check the quality or quanrity of the Work. On the basis of such observaTions as an azchitect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects �d deficiencies in the Work. (More extensive representation on the Project premises may be agreecl to as cm Additional Service, as described in Pcmagraph 3.2.) 2.6.7 The Architect shall not have control over or chazge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, fabricarion, procurement, shipment, delivery or installarion, or for safety precautions and programs in connection with the Work, since these aze solely the Contractors' responsibility under their respecrive Contracu. The Architect shall not be responsible for the Contractots' schedules or failure to carry out the Work in accordance with the Conuact Documents. The Architect shall not have control over or charge of acts or omissions of Contractors, Subconiractors, or theu agents or employees, or of any other persons performing portions of the Work. 2.6.8 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.9 Except as may otherwise be provided in the Contract Documents or when direct communications have been specialiy authorized, the Owner and Contractors shall communicate through the Architect. Communications by and with the Architect's consultants shall be tluough the Arclutect. 2.6.10 Based on the Architect's observations and evaluarions of the Contractors' Applications for Payment, the Architect shall review and certify the amounts due the Conh�actors. 2.6.11 The ArchitecYs certifica6on for payment shall consritute a representation to the Owner, based on the ArchitecYs observations at the Project premises as provided in Subparagaph 2.6.6 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 Imowledge, informarion and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for con£ormance with the Contract Documents upon 99-7y� Substantial Completion, to results of subsequent tests and inspecrions, to minor deviations from the Contract Documents correctable prior to Snal complerion and m specific qualificaYions expressed by the Arclutect. The issuance of a Certificate for Payment shall further constitute a representation thaT the Contractor is entitled to payment in the amount certified However, the issuance of a Certificate for Payment shall not be a representation that the Work is without latent defects, or that the Architect has (1) made e�austive or continuous inspections at the Project premises to check the quality or quantity of the Work, (2) reviewed the means, methods, techniques, sequences or procedures of conshuction, fabrication, procurement, shipment, delivery or installation, (3) reviewed copies of requisitions received from Subcontracto� and other data requested by the Owner to substanriate the Contractots right to payment or (4) ascertained how and for what purpose the Contractor has used money previously paid on account of the Conh�act Sum. 2.6.12 Uniess otherwise provided, the ArchitecPs duries shall not e�end to the receipt, inspection and acceptance on behalf of the Owner of fiuniture, furnishings and equipment az the time of theu delivery to the premises and installarion. The Architect is not authorized to reject nonconforming Work, sign Change Orders on behalf of the Owner, stop the Work or terminate a Contract on behalf of the Owner. 2.6.13 The Architect sha11 interpret and decide matters concerning performance of the Owner and Contractors under the requirements of the Contract Documents on written request of either the Owner or a Contractor. The ArclutecYs response to such requests shall be made with reasonable promptness and within any time limiu agreed upon. 2.6.14 The Arclutect shail render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Conh'actor relating to the execution or progress of the Work as provided in ffie Conhzct Documents. 2.6.15 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonabiy inferable &om the Contract Documents and shall be in writing or in ffie form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Coniractors, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.16 The Architect's decisions on matters relating to aesthetic effect sha31 be final if consistent with the intent expressed in the Contract Documents. AIA DOCUMENT B171 - INTERIOR DESIGN SERVICES AGREEME�Pf - 1990 EDTITON - AIA - COPYRIGHT 1990 -'I'fIE AMERICAN INST1T'i7TE OF ARCIIII'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF IN"I'ERIOR DESIGIVERS, 608 MASSACHUSETTS AVENOE N.E., WASHIlVGTON, D.C., 20002.Unlicensed phoWCOpying viotffies U.S. wpyright laws and is subject to legal proseculion. This document was elechooically produced with pemvssion of the AIA and can be reproduced withou[ violation un61 the daze of expiration as noted below. Elec�onicFormat B171-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #4 9y 2.6.17 The ArchitecYs decisions on claims, disputes or other matters, including those in quesrion beriveen the Owner and Contractois, except for those relaring to aesthetic effect as provided in Subparagraph 2.6.16, shall be subject to arbitrarion as provided in this Ageement and in the Conuact Documents. 2.6.18 The Architect shall review final placement and inspect for dama�e, quality, assembly and function in order to determine that fumitise, fumishings and equipment aze in accordance with the requirements of the Con�act Documents. may authorize minor changes in the Work not invoiving an adjus�ent in the Contract Sum or an ea�tension of the Contract Time which aze not inconsistent with the intent of the Contract Documents. 2.6.22 #�e�ates�r�tes��e�e�iea-aad�§e�ates€ �....1 .. .....l..ti.... ..L...II « .....:.... .....i f .....�...i a.. �1.,. (1.......� C deeua�ea�s � � -�e �� ee�eaES -aa� assea�ik� k� �he � -aa� s�a� -issae �aa� �e�sates � �ea� -ugea fe�rkaase � �he 2.6.19 The Architect shall recommend to the Owner rejecrion of Work wluch does not conform to the Coniract Documents. VJhenever the Architect considers it necessary or advisable for implementarion of the intent of the ConYract Documents, the Arclutect will have authority to require addirional inspecrion or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.6.20 The Architect shall review and approve or take other appropriate action upon Coniractors' 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 e�cpressed in the Contract Documents. The Architect's action shall be taken with such reasonable prompmess as to cause no delay in the Work or in the activities of the Owner or of separate contractors, whIle allowing sufficient time in ffie 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 quanrities or for substanriating instruc6ons for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Conh�acmr to the extent required by the Contract Documents. The ArclutecPs review shall not indicate approval of safety precauuons or, unless otheiwise specifically stated by the Architect, of the means, methods, techniques, sequences or procedures of conshuction, fabrica$on, transportarion or installation. The Architect's approval of a specific item shall not constitute approval of an assembly of which the item is a component, and the Architect's approval of a Sample or Samples shall not consritute approval of that item as delivered and installed if not in conforruance with such approved Sample. 2.6.27 The Arclutect shall prepaze Change Orders and Change D'uectives, with supporting documentarion and data if deemed necessary by the Architect as provided in Subpazagraphs 3.1.1 and 3.43, for the Owner's approval and execurion in accordance with the Contract Documents, and -° ---- • -- -••_ •- ---• 2.7 SERVICES RELATED TO SEPARATE CONSULTANTS 2.7.1 The Architect shali provide information to and incorporate information received in a timely manner from those separate consultants retained by the Owner and identified in Article 12 whose activiries directly relate to the Project. ARTICLE 3 ADDITIONAL SERVICES 3.7 GENERAL 3.1.1 The services described in Uus Article 3 aze not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 32 and 3.5 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Addirional Services in Paragtaph 3.4 aze required due to circumstances beyond the ArchitecYs control, the Architect sha11 notify the Owner prior to commencing such services. If the Owner deems that such services described under Pazagraph 3.4 aze not required, the Owner sha11 give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services aze not required, the Architect shall have no obligarion to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more eactensive representation at the Project premises than is described in Subparagraph 2.6.6 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such responsibiliries at the Project premises. AIA DOCUMENT B171 - IlVTERIOR DESIGN SERVICES AGREEMEN'I - 1990 EDTITON - AIA - COPYRIGHT 1990 - TfIE AMERICAN INS"t'1"1'0"i'E OF ARCHI1'ECTS, 1735 NEW YORK AVE1ViJE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF INIERIOR DESIGIVERS, 608 MASSACHUSETTS AVENUE N.E., WASHINGTON, D.C., 20002.Unticensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with pexmission of the AIA and can be reproduced without violation uMil the date of expita[ion as noted below. Electronic Format B171-1990 User pocument: 9934AIA6171.DOC — 617/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #5 99-��P 3.2.2 Project Representarives shall be selected, employed and d'uected by the Architect, and the Architect shall be compensated .. hourlp on pre-agreed to amount The duties, responsbdiries and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 cunent as of the daTe of this A�eement, unless otherwue agreed 3.2.3 Throu�h the observarions by such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibiliries or obli�ations of the Architect as described elsewhere in this Agreement. 3.4.4 Providing services in connection with evaluating substiturions proposed by Contractors and making subsequent revisions to Drawmgs, Specificafions and other doa�mentarion resulting therefrom. 3.4.5 Providing consultazion concemmg replacement of Work damaged by fire or other cause, and fiunishmg services required in connection with the replacement of such Work. 3.4.6 Providing services made necessary by the default of a Contractor or Subconhactor, by major defects or deficiencies in tbeir Work, or by failure of performance of either the Owner or a Conuactor under a Conhact for the VJork. 3.3 PURCHASING OF FURNITURE, FURNISHINGS AND EQUIPMENT BY THE ARCHITECT 3.3.1 d€�ke-9�veeF��skitesE-agree�-t§e�sk#ece e€-tke�wneF-�v�k�e�s-pFera�e�-�-the�waef�ke{leties zefi�3s-A�ee�� 3.4 CONTINGENT ADDITIONAL SERVICES 3.4.1 Making revisions in Drawings, Specifications or other docutnents when such revisions aze: 7 inconsistent with approvals or insh previously given by the Owner, including revisions made necessazy by ad}ustments in the Ownets program or Project budget; .2 required by the enachnent or revision of codes, laws or regulations subsequent to the preparation of such documenu; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.4.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negoflating and contracting for interior conshuction and fiuniture, furnishings and equipment, except for services required under Subparagraph 5.2.5. 3.4.3 Preparina Drawings, Specificarions and other documentarion and supporting data, evaluating Conhactor's proposals, and providing other services in connection with Change Orders and Change D"uecrives. 3.4.7 Providing services in evaluating an eactensive number of ciaims submitted by Contrnctors or others in connection with the Work. 3.4.8 Providing services in connection with a public hearing, arbitrarion proceeding or legal proceeding except where the Architect is party thereto. 3.4.9 Preparing documents for altemate, separate or sequenrial bids or providing out-of-sequence services requested by the Owner. 3.5 OPTIONAL ADDITIONAL SERVICES 3.5.1 Providing financial feasibility or other special studies 3.5.2 Providing planning surveys, building evaluations or compararive studies of prospecrive buildings. 3.5.3 Providing special surveys, envuonmental studies and submissions required for approvals of governmental authoriries or others having jurisdiction over the Project. 3.5.4 Providing services relarive to future facilities, systems, fiuniture, furnishings and equipment. 3.5.5 Providing services to invesrigate existing condirions or facilities or to make measured drawings thereof. 3.5.6 Making investigarions, inventories of materials or fiuniture, fmnishings and equipment, or valuarions and detailed appraisals of eacisting facilities, furniture, fumishings and equipment, and the retocation rhereof. 3.5.7 Providing services to verify the accuracy of drawings or other informarion fumished by the Owner. AIA DOCUMENL B171 - INTERIOR DESIGN SERVICES AGREEMEN"I� - 1990 EDTITON - AIA - COPYRIGHT 1990 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYAIGHT 1990 - 1T-IE AMERICAN SOCIETY OF INIERIOR DESIUNERS, 608 MASSACHUSETTS AVENUE N.E., WASHINGTON, D.C., 20002.Unlicensed photocopying violates U.S. copyrigM laws and is subject to legal prosecution. This document was electronically produced with pe`mission of the AIA and can be reproduced without violation until the date of expiration as noted below. Elech�onic Format B171-1990 User pocument: 9934AIA6171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #6 9S �� 3.5.8 Providing services involving fravel for the purpose of evaluating materials, fumiture, fumishings and equipment proposed for the Project 35.9 grevi�iag �:�� € ca� � � a a . ��-��-� �'��s-aa� ,4�skites�- 3.5.22 Providing any other service not otherwise included in this Agreement or not customazily fumished in accordance with generally accepted azchitectunl practice. 3.5.10 �e�i� �gee� �ies � -Ehe �rejesE -sesk as � -aEeu� s� �� e�ea� -Feser� 3.5.11 Providing services for the desig¢ or selection of 8raplucs and signage. 3.5.12 Providing services in connection with the procurement of works of art. 3.5.13 ReceipT, inspecTion and acceptance on behalf of the Owner of fiuniture, fumishings and equipment at the time of their delivery to the premises and installation. 3.5.14 �ess�s�-��,�.�s=s sea�Y�Ei�ea�saxagef-ef�eflazate �e 3.5.15 Providing detailed estimates of the Cost of the Work. 3.5.16 Providing detailed quanrity surveys or inventories of material, equipment and labor. 3.5.17 $�e�i�g-assistaase-ia�e�iea-e€-e�ea� eF -systea�s -sxek �s -Yes�is� -a�j�g � �asix� �egaz�iex�€sfle�at�ea-an� �-�s�aiaing geFSe�mei � -eAeraEie� � -aiaiaYeaaase aa� � .� 3.5.18 �evi�ag aaal�ses �€ -aiaia�esaase -a� -efle�iag eesYS, 3.5.19 grevi� �a=:�� -feF � � -eF -reatal � 3.5.20 $�ev�iag °�-,�:;�� -rek� -te �e -AVer� s€ � a-€taa��' tsate-€eF-Fa3s�ea�-aieFe�-69-�a�s-a#eF�he 3.5.21 �egar�sg-a��€-re�e�usible-Feser��a sF b ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide fuH informafion regazding requirements for the Project. 4.2 The Owner shall establish and updaTe an overall budget for the Project, including ihe Cost of the Work, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, ffie Owner shall furnish evidence that financiat arrangemenu have been made to fulfill the Owner's obligarions under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents suhmitted by the Arclutect in order to avoid unreasonable delay in the orderly and sequential progress of the ArchitecYs services. 4.5 If services aze required under Paragraph 3.3, the Owner shall provide and maintain working funds with the Architect, if requfred, to pay invoices chazged to the Project for materials and fiunishings, to secure cash discounts and for required deposiu. 4.6 �e -BwxeF �kal� -�'t�isk �stura� � stieaxisa�-ai�-aa� ivatee-geAutiea-tes£s xes�;-€e�� .�•erials -aa� �eF -k3HeFate�g -aa& -ea�es�eata� �esFS �sge�e�s -� �eger�s -�eq�e� -�}` -la�v -e� -�e � �: 47 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Conhactors' Applicarions for Payment or to ascertain how or for whaT purposes the Contractors have used the money paid by or on behalf of the Owner. 4.8 The drawings, specificarions, services, information, AIA DOCi7MEN'1' B171 - INTERIOR DESIGiV SERVICES AGREEMEN"1' - 1990 EDTITON - AIA - COPYRIGHT 1990 -'1'IlE AMERICAN INSTt1'U'1'E OF ARCIIl'1"6CTS, 1735 NEW YORK AVENOE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRiGHT 1990 - THE AMERICAN SOCLE"1"Y OF IN1"ERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE N.E., A'ASHINGTON, D.C., 2Q002.Unlicenscd photocopying violates U.S. arpyrigh[ laws aad is subject W legal prosecution. This document was elecironically produced with peemission of the AIA and can be reproduced wi[hout viola5on until tLe date of �pirarion az noted below. Elech�onic Format B171-1990 User pocument: 9934AIRB179. DOC — 6l7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #7 99-�5�� surveys and reports provided by the Owner pertaining to the Project shall be fiunished at the Owner's expense, and the Architect shall be enritled to rely upon the accuracy and completeness thereof. 4.9 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes awue of any fault or defect in the Project or nonconformance with the Conhact Documents. 4.10 The proposed lan�'z�e of certificazes or certifications requested of the Arclutect or ArclutecYs consultants shall be submitted to the Architect for review and approval at least 14 days prior to execurion. The Owner shall not request certifications that would require I�owledge or services beyond the scope of this Agreement. 4.17 The Owner shall provide suitable space for the receipt, inspection and storage of materials, fiuniture, furnisUings and equipment. 4.12 �he �ef -skal} �ea� � a�} �e�era� aa� ge�-zele�keae �em�saSieas-aa��est�5`�3`sEe�s 4.13 The Owner shall be responsible for the relocation or removal of existing facilities, furniture, fumishings and equipment, and the contents thereof, unless otherwise provided by this Agreement. ARTICLE 5 COST OF THE WORK 5.1 DEFINITION 5.1.1 The Cost of the Work shall be the total cost or estimated wst to the Owner of all elements of the Project designed or specified by the Architect, including the costs of the Contractor's management or supervision of construcrion or installation. 5.1.2 The Cost of the Work shall include the cost at current mazket rates of labor, materials, fiuniture, fumishings and equipment fiunished by the Owner, and equipment desi�ed, specified, selected or specially provided for by the Architect, including the costs of the Contractors' management eF -sagefvisiea s€ �sHe� or installation, plus a reasonable allowance for the Conuactors' overhead and profit. In addition, a reasonable amount for contingencies shall be included for market conditions at the time of bidding and changes in the Work during the Contract Administration Phase. 5.7.3 The Cost of the Work does not include the compensarion of the Architect and ArchitecYs consukants, the cost of Snancing or other costs which aze the responsbility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR THE COST OF THE WORK 5.2.7 Evaluations of the Owner's Project budget, prelmminary estimates of the Cost of the Work and detailed estimates of the Cost of the Work, if any, prepazed by the Arciutect represent the ArchitecCs best judgment as a design professional familiar with interior desi�. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materiaLs, fiuniture, fiunishings or equipment, over the Contractors' methods of detem�ining bid prices, or over comperitive bidding, mazket or negofiating conditions. Accordingly, the Architect cannot and does not warraut or represent that bids or negotiated prices will not vary from the Owner's Ptoject budget or from any estimate of the Cost of the Work or evaluation prepazed or ageed to by the Architect 5.2.2 No £ixed limit of the Cost of the Work shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the pazties hereto. If such a fixed limit has been established, ffie Architect shall be permitted to include contingencies for design, bidding and price escalafion, to determine what materials, fiuniture, fumishings aa�- equipment, and 5nishes, se�eae� -syste�s � �ges �€ sexs�es�ien-are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Conhact Documents altemate bids to adjust the Cost of the Work to the fixed limit Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execurion of the Contracts. 5.2.3 If bidding or negotiating has not commenced within 90 days after the Arclutect submits the proposed Contract Documents to the Owner, any Project budget or fixed limit of the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the interiors indushy between the date of submission of the Conh�act Documents to the Owner and the date on which proposals aze sought. 5.2.4 If a fixed limit of the Cost of the Work (adjusted as provided in Subparagraph 5.23) is exceeded by the lowest bona fide bids or negoriated proposals, the Owner shall: 7 give written approval of an increase in such fised limit; AIA DOCUMENL B171 - INTERIOR DESIGN SERVICES AGREEMEN"1' - 1990 EDTLION - AIA - COPYRIGHT 1990 - THE AMERICAN INSTiTt7TE OF ARCHITECTS, ll35 NEW YORK AVENOE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - I'HE AMERiCAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE N.E., WASHINGTON, D.C., 20002.Unlicensed photowpying violates U.S. copyright laws and is subject to legat prosecuUOn. T'his document was elechonically produced with permission of ihe AIA and can be reproduced without viola[ion until tl�e daYe of exp"vazion u noted below. Elech�onic Format B171-1990 User pocument: 9934AIA6171.DOC — 6!7/1999. AIA License Number 100381, which expires on 3/6l2000 — Page #8 99•7 y� .2 authorize rebidding or renegoriating of the Project within a reasonable time; .3 if Yhe Project is abandoned, terminafe m accordaace with Pazagraph 8.3, or ��-��-��-��-e€.� �� L�.,....1. tL.... i.., l.:_..a �-w-�� te � �esi�e� �} � -ia -aeser�e -wiFk �e �e�s�ea � ��isatiea �es �€ -�e � �§iY�atiea�sseEiatiea-s�}y-�a-effest�ts�ess-tke-�§es .4 cooperate in revising the Project scope and quZlity as required to reduce tfie Cost of tiie Worlc 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify rhe Conti Documents as necessary to comply with the fixed limit, if established as a condirion of this Agreement The modificarion of the Conhact Documents shall be the timit of the Architect's responsibility azising out of the establishment of a fixed limit The Architect shall be enti8ed to compensation in accordance with this Agreement for all services performed whether or not the Contract Adminishation Phase is commenced. ARTICLE 6 USE OF ARCHITECTS DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents prepazed by the Architect for this Project aze instnunents of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documenu and shall retain all common law, statutory and other reserved rights, including the copyright The Owner shall be permitted to retain copies, including reproducible copies, of the ArchitecYs Drawings, Specificarions and other documenu for informarion and reference in connection with the Owner's use and occupancy of the Project The ArclutecPs Drawings, Specifications or other documenu shall not be used by the Owner or others on other projecu, for additions to tUis Project or for compleuon of this Project by others, unless the Architect is adjudged to be in default under This Ageement, except by ageement in writing and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for simIlaz purposes in connection with the Project is not to be consUued as publicarion in derogarion of the Architect's reserved rights. ARTICLE 7 ARBtTRAT10N 7.1 �s �es -e� -e#keF -aiaueFS -ia �}aes�ea 7.2 Pwssi ,a c_..a.:.._. .. ..u.,n �.., ai..a :_ .� fi�e stkeF �-te -#�is A�rE -_--• sa� iv#k fi�e �e�isaa t�i5 �sse sia�ea: --t� �� -arki�;�tiea - ska� � e �a�e � � -�easeaa�ile �e -a#�eF-i§e-sla� � a� et�eF-mat�eF �a �es�ea�as-a�isea--�a�e-eveaE-sl�-E§e ..Fl..,...1 .. ....:+.R.le e..A:...... 6.,....A .. ...L ..1..:... A:.... a D �Y Y � D s��i�tese€�- 7.3 �ie -ar�i�atiea � s� s€ sF -�ela�isg -te �his A�eeffien�-ska�}�e -kY-seaseli�a�ie��sF��a3` �ee�es� �seg��}-�-sessea� �eaEa�ag-a-sgebifi� re€erease-fe-Uxis�eea�ea�-sigae�-bi`�ke�vaef�es� aa�-aa3`�keF-geFSea . -Esae,eaE te:�3�i�atiea-ia"",� -:�-aaa�iesa�-�er-sea-eF-ea�}� ��easti£ete�easeal-te-a�ii�aEiea-e€-�}��isgxfe� etket-�atteF-i$-c�esEiea-aeE-dessr�e��a-f�e�itYe[:�exSeaE eF �a-fleFSessF-eati�y�-aas�e�s�-�essri�ec�-�herei� >� � -H3e -gar�ies -te -tk�s �eea�ert� � -�e -sgesi€sa� ea€e�seaFile-i�-assert�ase-r�vtk-agg}isaFile-la�-ut-aa�}�ew� 7.4 �e-awar�-FeadeFe�-§�-ske-arkiHateFSF-arki�ateFs ska� �e -€� -aa& �u�est -�ay �e �atet�ecl -uAea � �a asser�aase -wiU} -ag�ksable -la� -ia -aay •se�E -kav� � � T`U c� �&��11:1�f� � f� �iSPiA.T}3 F'�D1.�11wM�1' ARTICLE 8 TERMfNAT10N, SUSPENSfON OR ABANDONMENT 8.1 �is-Ag�ee�aea�-�a��e�e�iaate�ky�� 3e -ger�'e�t -ia �sser�aase � �ke te�s s€ �s -A�ee�eaE -E�et�lt -ae -€a}il4 �€ fi�e -� 8.2 �€�ke�ejest-is�sgea�e��}-t§e�waeF�-aieFe €e�-seFViees-geFfe�e� � �e-ae�ies-e€-sask��,geasiex: �A'-�ea �he-grejes�-is-rest�e�-�he-t�ski#es�s -se�geasa�iea AIA DOCUMENT B177 - INTERIOR DESIGN SERVICES AC�REEMEN"t' - 1990 EDITION - AIA - COPYRIGHT 1990 - THE AMF:RICAN INSITCUTE OF ARCIff"PECTS, 1735 NEW YORK AVEN[JE N.W, WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - 1T� AMERICAN SOCIETY OF AITERIOR DESIGNERS, 608 MASSACFR7SETTS AVIIViJE N.E., WASHINGTON, D.C„ 20002.Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecu[ion. This document was electronically produced with permission of the AIA and can be reproduced without viola[ion �mfit the date of expiration as noted below. Electronic Format B171-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #9 99-7`f� 8.3 �kis _^_a_°--�---.—m°=`�ay-�exer�aated-§�-t}�e�eF �iejeeE -es -al�eaer� -§� -t§e �eF -feF �e �haa �8 ,... �. � ..? .. 8A �ai}u�e -e€ �e � �e -a�e $a�eafs �e �e �teeE �a -aeeer�aaee � �is z4�eeFaea� �ka� -be �e� � �eager€er�e -att� ca�se � ter�iaa4iea. 8.5 �€�ke��}s�e-ax�e$a�ea�jvkea�e�ke e€�e�s iees�eFfi�s . -ia-fi�-is �a-t�e-evesE�€-a-se+s�easieas€�ePtiees-tke�skitee�-ska�l ll.....e� l.o,.......o ..F....,.M .. ..f �el..:�e�_ 8.6 �s �he -ea=e� -e€ xer�aaEiea -ne6 fi$e �� -e€ -t�e t�sk�tes� �ke �skitesf -ska� -be -se��easate� -feF �eFVises � �eF �e -Ee�aa�ie� �eget3�eF-w�t �le €�geases-tliea�ue-aa��!}�e�a�ex-�geases-a,�e€tae� .. D..�....�....4 O '] � 8.7 �'er�iaatieff -�ieases -are -i�t �iea �e e*�eases -�kiel� -aFe �est� -ai�xtab�e xe xe�iea. �e�iaaEiea�geases�a(i-be-se�te�as-a-fleFSexitage-e€ tke �eka} �easa�ie�x � �asis -an� �eaa! -SeFVises �wes�}=�eFSen�-e€�e-�e4alce�flet�saHea-€eF-�asis ess�s �ie€eFe -ef �g -�e �e�g � .2 t��lCli4ieaa� �er�ises -earae� -te �ate -i€ �er�iaaEiea governed by the law of the principal place of business of the Architect. 9.2 Teims in this Agreement shall have the same meaning as those in AIA Document A201/CriTEi, General Coaditions of rhe Contract for Conrnuctiott, and 'm A7A Document A271, Getteral Condirions of the Contract for Fumiture, Fumishings and Equipment, as appropriate, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acks or failures to act shall be deemed to have accrued and the applicable statutes of limitarions shall commence to mm �ot later than either the date of Substanrial Complerion for acts or failures to act occurring prior to Substanrial Complerion, or the date of issuance of the final Certificate for Payment for acu or failures to act occurring after Substantial Completion_ 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and emptoyees of the other for damages, but only ro the extent covered by property insurance during constmction and installation, except such rights as they may have to the proceeds of such insurance set forth in the editions of AIA Document A201, General Conditions of the Conhact for Conshuction, and AIA Document A271, General Condi6ons of the Contract for Furniture, Fwnishings and Equipment, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their conhactors, consultants and agenu. 9.5 The Owner and Architect, respecrively, bind themselves, their partners, successors, assigns and legal representarives to the other pazty to this Agreement and to the partners, successors, assigns and legal representarives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assigu this Agreement without the written consent of the other. 9.6 This Agreement represenu the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Ageement may be amended only by written instrument signed by both Owner and Arclutect. .3 A�i�ieaa� �er �aec� -te �ate �€ xet�isafien t� IL" !%F��i h£i'�4�i11T- ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be 9.7 Nothing contained in this Agreement shall create a con�actual relationship with or a cause of action in favor of a third party against either the Owner or Architect . 9.8 Unless othenvise provided in this Agreement, the Arc]utect and ArchitecYs consukants shall have no responsibility for the discovery, presence, handting removal or disposal of or exposure of persons to hazardous maYerials AIA DOCUMENT B171 - INIERIOR DESIGN SERVICES AGREEMENT - 1990 EDITION - AIA - COPYRI(iH'C 1990 -"f'ilE AMERICAN INSTIT[1TE OF ARCFIlTECTS, 1735 NEW YORK AVENIJE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHI' 1990 - THE AMERICAN SOCIEfY OF 1N1'ERIOR DESIGNERS, 608 MASSACFI[JSETLS AVENOE N.E., WASHINGTON, D.C., 20002.Unlicensed photocopying violates U.S. copyrigh[ laws and is subject to legal prosecutiop. This docutttent was electronically produced wiih pecmission of the AIA and can be reproduced without violaflon imtil the date of expiration as noced below. Electronic Format B171-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3!6/2000 — Page #10 99-7� � in any form at the Project premises, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toacic substances. .. - - 10.2.7.3 7f • ,rt - �a :- -a-.�-�� +--.•� , �,•so. �� umri ..a, _..,...:�.... �,;..x,._ a..._ , �1 a C a 9.9 The Architect shall have the right to include representations of the desi� of the Project, including photo�aphs of the eaterior and interior, among the ArchitecYs promotional and professional materials. The ArclutecYs materials shall not include the Owneis' confidential or proprietary information if the Owner has previously advised the Arclutect in writing of the specific information considered by the Owner to be confidential or piopiietary. T ��^Pr ch 11 nr �+ e oio�Fi�nal rrrrlit fnr 9.10 Except with the Ownets imowledge and consent, the Architect shall not (1) accept trade discounts, (2) have a significant financial interest, or (3) undertake any activity or employment or accept any contabution, if it would reasonably appeaz that such activity employment, interest or contaburion could compromise the ArclutecYs professional judgment or prevent the Architect from serving the best interests of the Owner. ARTICLE 70 PAYMENTS TO THE ARCHITECT 70.1 DIRECT PERSONNEL EXPENSE 70.1.7 �iFes��eFSe�ae�-�xgease-is�e€�e�as�e�ee� s�laries-e€�e �ites�s-geFSe��agage� �a�he�ejesE Eea�x�ieas -aa� -l�eae€�is -Felate� �ieFete -susk -as e�g}e�aex� -fa�ces -aa� stheF � -eaty�leyee '�"-��•", � � -leava -13ek�kxys �,zsaFieas -geasieass -ar� 10.2 REIMBURSABLE EXPENSES 10.2.1 � -�genses �e -�t a�iea -te eea�easaFiea-€eF��-a��#irieaa�-Se�asesaa��e ��-sensukaaES-i��ke-i�Eeres�-e€�he �� 70.2.1.7 €�ease-e€�e�iea�a�esnes�ieaivitkfihe �ejes$-e�eases-iaceanesHea�x-aut3�eFi�e��-e€�eu�a � -�eagt�ks#axse -se�ieas -aa� -€ees -gaic� -€eF ses�ag-�eva�s€-au�ke�ies�av�eg�is�isEiea-eveF-the � 10.2.1.2 , a 10.2.7.4 €ycgease �€ =°�z� �e�e]s a� -�ee�s .»..a ,�_..u.....m„_ 10.2.7.5 ��gease s€ �tieaa� �ce -severage -eF 1:�..:4.. :�...l..a:�..� ��..F ....:,.....1 l:..L:l:a., :......«.�..... _ ,.. A l� . a r �-y � Tk �A Qtxma�_ ............ ..ra�.... _.-.....n. .,..�: a �. � �. �.• � , 10.2.7.6 �xgease -e€ � �es�� -a� -� 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 ,4 $- :..: ��}-fla3�eaE-as��'�'-�" �� ".' :� 10.3.2 Subsequea� -gaya�ea�s -feF �asis �e�iees � �e �ta�le-me�k}3�� iv}�ere-a�p}isaHle,�-skal��e-�a�Feger�Eiex te-ser-c�ises-�eFfers�e�-w� �ask-flkase-e€-ser�ie� sa-t�e 10.3.3 � -se -#'a�E s€ �he Arskitee� -sea�geasa�iea � -an3� 10.3.4 eF-et�e�se , -fle#ieas e€�e -�ejes4 -s� -He -�Tyable -te -the �ea� �e�ases are se� -fertk -ia �u�g�a�agk �� asec� �t {� �ke-lecves� gFe�esal-is-raseive�-tke-xxest��s�,ates€ �e�est-e€-Eke�l��-�leEaile�l�st�ate-e€�e�es��€�§e 70.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 70.4.7 Pa3�eatssa-asse�s€�ke�sk�esY-s�esai Se�iees -aa� -feF �e�a�ile -�eases -s§al� -be -�a�e �` �gss -g�eseeta�iea s€�e �laskitee,ES � �€ „_ea ,._ e.,..e....e� :..,...._,.a 10.5 PAYMENTS WITHHELD AIA DOCUMENT B171 - INTERIOR DESIGN SERVICES AGREF,MENT - 1990 EDTITON - AiA - COPYRiGHT 1990 - THE AMERICAN INSTITOTE OF ARCHI"1'ECTS, 1735 NEW YORK AVEI�IIE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT I990 - TIIE AMERICAN SOCIETY OF INi'ERIOR DESI(GNERS, 608 MASSACfiiJSEtTS AVEfII7E N.E., WASfDNGTON, D.C., 20002.Unliceased pho[ocopying violazes U.S. copydght laws and is subject w legal prosecutioa This document was elecrtonically produced with pemiission of the AIA and can be reproduced wi[hout violation until the date of expiraiion as noted below. Electronic Format BI71-1990 User pocument: 9934AIA6171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #1'I 99-�Y�' 10.5.1 �Ie�e�xxstiess�ka}��e-�a�e-f�x§e�es�s ee�peasa�-ea-asEeuaa�€-geaa�Y;-�fe�-�xagess� 10.6.1 �ese�s�€��xgesses-aa��esses et�ef�s-�el�#�e�-ga}�eats�e�ea�asteFSS�-ea �-is�iesa�-Se�iees aeeeua�-e€�e�esE�€ � � a�a�ila �e -E�e $waef � �e �s -a�ker�e& 70.6 ARCHITECTSACCOUNTINGRECORDS 5 v�' P�� l-a6TtT- ARTICLE 11 BASIS OF COMPENSATION See 6asic Agreement . 17.1 n�r rnirrr n r n n vn.fcnrr ,.c �{$ ) n..�„�„ as�st- (G=dicate whether initial payment will be csedited ta the first, to the lasi or proporfionately to a11 paymentr on the Owner's account) 11.2 BASIC COMPENSATION 11.2.1 , , , (lasert baris oJ compenration. rncluding stipulnted .n�ms, multiples or percentages, m�d idera� phases to which particulm methods oj compensation apply, if necess�}+.) 11.2.2 �kerecex�fleASa�iea-is-l�asec}sn-a-sEigetlate��r�-�sentage�€�§e-6esE�€�§e�Ye�IF-�egess-gay�en�s��asis (Insert addilional phases as appropriate.) ' _ � = • -. • " �-,..,.,.-..�� e.'.,,......�� . .. - �dF68ll�� %� �eF66Ht{ %� �36F668Y{ %� �BE6BBY{ %� . � %� . one un e percen o .�• ��1_ .Y •. •.�� 11.4 COMPENSATION FOR ADDITIONAL SERVICES 11.4.1 (Insert basis of compensation, induding rates mrd/or multiples of Direct Personnel Experzre for PrincipaLr and employees, mrd identify Principals wrd clars� employees, if required Identify specific services to which partici�lar methods of campensation apply, if ttecessury.) 17.4.2 £9�� "• . - , ( ) � suE3r s2�-� (Identify spec�c types of consultanu in Article 12, if requ'ued) 71.5 � � �£�FS� �s �lessr-i�ec� �a �agk �; -aa�-aay st�eF iYems -insk�de� �n �Eisle �-as AIA DOCUMEN't' B171 - IN1'ERIOR DESICrN SERVICES AGREEMENC - 1990 ED7TION - AIA - COPYRIGHT 1990 - THE AMERICAN INST1'1'UTE OF ARCI�Il1'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - TfIE AMERICAN SOCIETY OF IN'1"ERIOR DESI(iNII2S, 608 MASSACHUSETTS AVENUE N.E., WASHINGTON, D.C., 20002.Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosewtioa This docutnent was electronically produced with pemiission of the AIA and can be reproduced without violation until the daTe of expiration as no[ed below. Electronic Format B171-1990 User pocument: 9934AIA6171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #12 9� -��}8 C ) -Y'°J � 11.6 O - O� ..i...it l.e.. :..te�e.w .,« al.e .-�ta e..�e..e.i l.et... „ �i.� .,l...e....e «i.e�e..r..a at,, t......t .... __ ..:i• <. � a a (lrzsen rate of interest agreed upon.J (U.�wy 7aws and requiremenf.s rmder the Federal Truth in Zending Ac{ s6rsilm state mid loca! contwner credit laws mld atFees regulations at the Owner's mld �irchirecPs pr'mcipal places of busmesg the locatian of the Project mld eLrewhere may ajfect the vaZidity of this prwisiorz Specrfu lega[ odvice shou7d be obtained with respect to de(etions or mod�ations, and aLso reg�dmg requirements.ruch as wriuen disclo.naes or waivers.) 11.7 ( ) $� }�� #i�e�t-ae-PaulES€-Eke ^--� ��?_---_�eyea�-E�aE-Ha3e�ka1�-be -as � -�e�� SE� ��--� P�ji?� ARTICLE 92 OTHER CONDITIONS OR SERVICES (Insert descriptiorss of other services, ident� Additional Services included within Basic Compexsation mrd mod�cations to the payment and compensation terncs included in this AgreemenG) This A�eement entered into as of the day and year fust written above. OWNER (Signature) (Printed rsame arrd title) ARCHITECT (StBr+atm'e) (Printed name a,rd titleJ AiA DOCUMENC Bl'Il - INTERIOR DESIGN SERVICES AGREEMENC - 1990 EDTTION - AIA - COPYRIGHT 1990 - TFIE AMERICAN INS"IY'fU'LE OF ARCI3ITECTS, 1735 NEW YORK AVENIIE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACfi[7SETTS AVEN[JE N.E., WASHINGTON, D.C., 20002.Unlicensed photocopying violazes U.S. copyright laws and is subject to legal prosec�on. This document was electronically produced with penuission of ihe AIA and can be reproduced without violation until the daTe of eayiration as noted betow. Electronic Format B171-1990' User pocument: 9934AIA6171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #13 ACORD CERTIFICATE OF LIABILITY INSURANC� RG DATE(MM/OD/Y1� YHR-1 OZ/14/9: 'RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dyste Williams Ageacy HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 35 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Kinneapolis DIDT 55440-0035 � INSURERSAFFORDINGCOVERAGE Phoae:612-593-5025 Fax:612-545-3160 . ', INSURFRA � INSURERB: MeY er Scherer & Rockcastle LtH -� �NSURERC: 119 North Second Street '� ixsurz�RO: Mianeapolis ba7 55401-1420 i �', INSURERE COVERAGES THE PoLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOlHE INSURED NAMED ABOVE FOR THE POLICY PFRIOD INDICA7ED. NOTWRHSTANDING ANY REQUIREMENT, 7ERM OR CONDfiION OF ANY COMRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSIIED OR MAY PERTAIN, iHE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SU&IECTTO ALL THE TERMS, EXCLUSIONS AND CANDfT10NS OF SUCH POUCIES AGGREG4TE LIM7TS SHOWN tdAY HAVE BEEN REDUCED BY PAID CLAlldS. �� iYPE Of INSURANCE POLICV NUMBER . pA� ME�pCTIVE I POATEYM�M/PD�D TION LIMRS p. � GENERALLIABILIN I I i � EACHOCCURRENCE $ ZOOOOOO COMMERCL4LGENERALLIABILfiY �I CQ$ 0105246 I l i 04/O1/99 I �4��.�� FIREDAMAGE(Myonefire) $ rjQQQQ �� I I CtAIMSMADE 'LX � OCCUR i � i� MEDEXP(Myaneperson) $ SOOO I PERSONAL&ADVINJURY $ZOOOOOO i GENERALAGGREGATE $ 4000000 GEN'LAGGREGATELIMITAPPLIESPER:I PRODUCTS-COMPlOPAGG $�}OOOOOO POLICY � �E� �� LOC AUTOMOBILE IIABILITV P. �ANVAUTO � QQ$ 0105246 I 04/O1/99 04��],�� COMBINEDSINGLELIMIT $ .Z�Q�QOp (Ea acndent) ALLOWNEDAUTOS � BODILV INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS I BODILVINJURV X NON-0WNEDAUTOS (Peracatlent) $ � I PROPERTVDAMAGE $ (Per awtlenq GNRAGELIABILIT' I AUTOONLY-EAACCIDENT $ ANYAUTO OTHERTHAN �ACC $ I AUTOONLV: AGG $ EXCESSLIABILfiY I � I � EACHOCCURRENCE $ BOOOOOO A � occua �j cvaMSmwoe ' CCS 0105246 04/Ol/99 04/Ol/00 AGGREGATE s 3000000 a R DEDUCTIBLE g REfENT10N $ ZOOOO I I $ WORKERSCAMPENSATIONAND � i �TORYLIMRS X ER EMPLOYERS' LIABIiffY A i C4PC 0105246 'I 04/O1/99 04/Ol/00 E.L EACHACCIDENT 5 500000 E.L.DISEASE-EAEMPLOY $ SOOOOO j E�.DISEASE-POLICVLIMIT $ SOOOOO � OTHER B �Professional Liab I NPC0145481-00 03/22/98 04/Ol/00 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Architects & Sngineers Professional Liability (Claims Made Form) $2000000 Per CZaim / $2000000 Aggregate City of St. Paul, its officials, employees and its construction maaagers are iacluded as additioaal insureds. CERTIFICATE HOLDER I y', ADDITIONAL INSURED; INSURER LETTEF2: A CANCELLATION CITYO-1 SHOULDANYOFTFIEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE7HE EXPIRATION DA7E THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYSNRf77ENNOTICETOTHECERTIFICATEHOLDERNAMEDTOTHE C].ty OP St. Paul tEFT,BIRFAILURETODOSOSHALLIMPO$ENOOBL(GATIONORLIABILINOF St. Paul Pll}JZ1C Library ANYKINDUPONTHEINSURER,ITSAGENTSORREPRESENTATNES. 90 West 4th Street St. Paul 2�7 55102 Ted E. D ste ACORD 25-S (7/97) " ACORD CORPORATION 1988 9y-?�s� Architect /�� l f �2� Date: � ' 6 ' � Division of Libraries � ; � /� / Date: 7 /� �� Departm�nt of Human Rights Assistant City Attomey Date: Office of Financial Services Date: Mayor Date: Date: �3R�t�G�I�A�. Council File # _g_g - n�� Green Sheet # b ��ey� RF.C(1T,TTTTnN Presented By Referred To 10 11 12 13 14 15 lb 17 18 19 20 21 22 Committee: Date WHEREAS, the Saint Paul Public Library has selected through an RFP process the firm of Cost, Plamiiug & 1Vlanagement, International [CPMI] to provide construction management services for the Cental Library renovation and addirion project; and WHEREAS, the Saint Paul Public Library has also selected through an RFP process the firm of Meyer, Scherer & Rockcastle, Ltd. [MSR] to provide azchitechxral services for the Cental Library renovation and addition project; and WHEREAS, the terms of the draft contract with MSR provide for an indemnification of MSR for claims which might azise from existing building condifions or existing subsurface conditions relafing to asbestos removal or unforeseen building conditions and that CPMI has recommended that such indemnification provisions be extended to MSR given the unique building issues surrounding the Cental Library renovation and addition project; NOW, THEREFORE, BE IT RESOLVED, that the Council of the Ciry of Saint Paul agrees to indemnify and hold harmless Meyer, Scherer & Rockcastle, Ltd. to the extent provided in the draft contract entitled "Terms and Conditions of Agreement Between Owner and Architect" subject to the provisions of Minn. Stat. Chap. 466. Requested by Department of: L�6k,(�t2/L �- By: (�i�/L !//�U�G%�G�' Adopted by Council: Date ��,�.� \ Adoption Certified by Council Se etary sy:' `�� '- � //�� Approved by Mayor: Date �.1�' ��T77 By: Form Approved by City Attorney B �.�d✓!./��-- 7/�/?S - •�� !��I�/ � � � _ � �''. L 9°t-��i8' DEPARTMENT/OFFICFJCOUNCII.: ' DATE INITIATED GREEN SHEET No.• 09642 Libraries 7uly 12, 1999 ' CONTACT PERSON & PHONE: q snnavnATE nvm.�i/D�+TL Lee Williamson 266-7080 ASSIGN 1 DEPARI'bff.NT DIIt �/12 CITY COUNCII, NU31iBER FOR 2 CITY ATTORNEY 7/8 4 CITY CLERK MUST BE ON COUNCII, AGENDA BY (DATE) ROUTING ORDER F7NANCIALSERVDII2 FINANCIALSERVICES/ACCf 3 MAYOR (OR ASST.) HIJMAN RIGH1'S TOTAL # OF SIGNATIIRE PAGES 1 (CLIP ALL I.00ATIONS FOR SIGNATi7RE) ncriox �QVESZEn: Approval of Council Resolution agreeing to indemnify and hold harmless Meyer, Scherer & Rockcastle, Ltd (architectural firm for the Central Library Renovation Project) to the ex#ent provided in the draft conuact. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAI. SERVICE CON'[RACTS MUST ANSWER TRE FOLLOWING QUEST70NS: PLANNING COMMISSION _CIVIL SERVICE COMMISSION I. Has tlils persoNfum ever worked under a convac[ for this depazlmrnt? CIB COMMITTEE STAFF _ 2. Has Atis perso�✓firtn ever been a city employee? DISTRICT COURT � ^ � 5, ,, SUPPORTS WHICH COiJNCIL OBJECTIVE? 3. Does this person/Srtn possess a skill not nmmally possessed by any . � � ^ �,y�{!, <._; �.�- -- employee? �(}(;..�"'"'- 4. Is this person/fum atargeted vendor? Explain ali yes answers on separafe sheet and atfach to green sh�� INITIATING PROBLEM, ISSUE, OPPORTi7NITY (WLo� R7�at Wheq Where. Why): CPMI (Cost, Planning & Management , Intemational) has been selected through an RFP process to provide construction management services to the Saint Paul Public Library for the Central Library renovation and has recommended to the City that it agree to indemnify MS&R in regard to existing building conditions or e3cisting subsurface conditions relating to asbestos removal or unforeseen building conditions. ADVANTAGES IF APPROVED: The City will be able to groceed with the architectural contract with MS&R and begin the Central Library renovation project. ,,,, � 199 • 4 3 w .�Y ••• .. DISADVANTAGES IF APPROVED: Ivone. JUL 2 � 1999 DISADVAN'PAGES IF NOT APPROVED: The City will not be able to complete an agreement with the azchitectural firm that was selected through an RFP process. The project will be delayed. --- -- • TOTAL AMOUNT OF TRANSACl'ION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVIY'Y NUMBER: FINANCIAI, INFORMATION: (EXPLAI� RFGEIVED JU� 1 2 1999 , C\WPDOCS�CPMI CENGRN 9�j- �SfB DEPARTMEIV'i'/OFFICF/COiJPICIL. Libraries CONTACT PERSON & PHONE: Lee Williamson 266-7080 btUST BE ON COiJNC[L AGENDA BY (DATE) DATE IhTT1-4TED I GgEEN SHEET July 29, 1999 b ASSIGN NUMBER FOR ROUTING ORDER JhTIIAIlDA7E 1 DEP,ARTMENT DIR 7/12 2 CITY ATTORNEY FINANCIAL SERV DIR No.: 09633 7[i1TTpIlDATE crrY courrcn. CITY CLERK 5 FINANCIALSERVICES/ACCT 4 HUMAN TOTAL # OF SIGNATURE (CLIP ALL LOCATIONS FOR SIGNATiIRE) ncriox �QuasTen: Approval to contract for Architectural/Engineering Services from Meyer, Scherer & Rockcastle, Ltd. (MSR) for the renovation and addition of the Central Library. RECOMMENDATIONS: Approve (A) or Rzject (R) pLANNINGCOMMIS5ION _CIVILSERVICE COMMISSION CIB COMMITTEE _ STAfF — DiS1RICT CAiJKT SUPPORTS WHICH COUNCILOBJECTIVE? PERSONAL SERVICE CONTRACi'S MUST ANSWER THE FOLLOWINC QUFSTIONS: 1. Has this person/fiim ever worked under a contracl for this departmert? yes, MSR wu the arcfiitecturel fvm for Meiriam Park Library 2. Has this person/fvm ever bern a ciTy employea? No 3. Does th�s persodfirtn posteexss a skill not nortnally possested bY anY cun'e"t rity employee? . yes, they have ihe expertise and ezperience to handle a major renovation pmjecl 4. Is this person/firtn a targeted ve�dor? No Ezplain all yes e�swe�s on sepa�'ate sheet and attach to green sheet INITIATING PROBLEM.ISSUE, OPPORTUNTTY (Who, �Yha4 ��'hen, Whem, �Vhy): MSR has been selected to provide architecturaUengineering services to the Saint Paul Public Library for the Central Library renovation and addition project. The project will be phased over a number of years. � ADVANTAGES IF APPROVED: MSR did a predesign schematic plan and constructed a model in 1989 for the Central Library so they are very familiar with this building. MSR was selected by the design selection committee, formed with library staff. DISADVANTACESIF APYROVEB: None DISADVANTAGES TF NOT APPROVED: If not approved, we would not be able to TOTAL AhtOUNT OF TRANSACI'ION: S 598,303 FUNDING SOURCE: 1998 CIB and 1999 CIB FINANCL4L INFORMATION: (EXPLAI� �� 31 o L` {'E �f� -ss��- with the COSC/REVENUE BUDGETED: Yes ACCIVITYNUMBER: CPLC98-3T515 CPL C99-3T516 CiCta��i �SS�GiG�i �a��;�"s . „.-,� �J�� , _� 99- ��fg � Standard Form of Agreement Between Owner and Architect Where the Construction Manager is NOT a Constructor - Construction Manager - Adviser Edition AIA Document B141/CMa - Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION Wl'1'H AN ATLORNEY IS ENCOiTRAGED WITH RESPECC TO TTS COMPLETIONOR MODIFICATIONAUTAEN"IICATIONOF THIS ELEC7'ROHICALLY DRAFCED AIA DOCUMENL MAy BE MADE BY USING AIA DOCUT�IQdT D401. 1'his docmnenT is iatended w be used "m wnjunction with the 1992 editions of AIA Documen[s B801/CMa, A101/CMa, and A201/CMa Copyright 1975,1980,1992 by The American Instinrteof Architecfs, I735 New York Avenue, N. W.Washingtoq D.C. 20006-5292. Reproduction of the mazerial hesein a substantial quotation o£ its provisionc witltoutthe written peimissionof the AlAviolates the copyright ]aws o£ the I3nitedSTates aud wilkubjec[ the violazor to legal prosecss[ion. AGREEMENT made as of the 12th day of Mav in the yeaz of 1999 (Irs wordr, indicate day, month and yem.) BETWEEN the Owner: (Name <md oddress) - Saint Paut Public Librarv 90 West Fourth Sffeet Saint Paul, MN 55102 and the Architect: (Name and address) Mever, Scherer & Rockcastle. Ltd. I 19 North 2nd Street IvTinneauolis, MN 55401 for the following Projed: (Imclude detailed descripdon ojProject, Zocation, address and scope.) Saint Paul Central Librazv Renovarion The Construction Manager is: (Nmne and address) Cost, Plannine & Manaeement Internarional. Inc. (CPMn 2850 Metro Drive, Suite 329 Bloomineton. MN 55425 The Owner and Arclutect a�ee as set forth below. A[A DOCUMENT 8141/CMa - OWIiER-ARCI�IlTECT AGREEMEN"I - CONSTRUCLiON MANAGER-ADVISER EDTTION - 1992 EDITION - ASA - COPYRIGFiT 1992 - THE AMERICAN INSIITUTE OF ARCHI"I'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecufion. ElecironicFormat B141/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7t7/1999 — Page #1 99- ?�f � TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER E1ND ARCHITECT ARTICLE 1 and construcrion budget fisnished by the Owner to ascertain ARCHITECTS RESPONSIBILITIES the requirements of the Project and shall arrive at a mutual 1.1 ARCHtTECTS SERVICES understand'mg of such requirements with the Owner. 1.1.1 The ArchitecPs services consist of those services performed by the Architut, ArchitecYs employees and ArchitecPs consultants as en�erated in Acticles 2 and 3 of this Ageement and any other services included in Article 12. 2.2.2 The Architect shall review with the Owner and Construction Manaaer proposed site use and improvements; selection of materials, buildin� systems and equipment; and methods of Project delivery. 1.7.2 The ArchitecYs services shall be provided in conjunction with the services of a Construction Manager as described in the edirion of AIA Document B801/CMa, Staudazd Form of A�eement Between Owner and Conshuction Manager, current as of the date of tlus Agreement. 1.7.3 The ArchitecYs services shall be performed as expedi6ously as is consistent with professional skill and caze and the orderly progress of the Work. The Architect shall submit for the Owner's approval and the Construction Manager's informarion a schedule for the performance of the ArchitecPs services which may be adjusted as the Project proceeds, and shall include aliowances for periods of time required for the Owner's and Construction Manager's review and for approval of submissions by authoriries having jurisdicrion over the Project Time limits eshblished by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.7.4 The services covered by this Ageement aze subject to the time limitations contained in �� Exhibit A- Construction Manaeement Plan. ARTICLE 2 SCOPE OF ARCHITECTS BASIC SERVICES 2.1 DEFINITION 2.1.1 The ArchitecYs Basic Services consist of those described in Paragraphs 22 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal shuctural, mechanical and electrical engineering seroices. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program, schedule 2.2.3 The Architect shall review with the Owner and Construction Manager altema6ve approaches to design and conshuction of the Project 2.2.4 Based on the mutually a�eed-upon pm�am, schedule and construction budget requ'uements, the Architect shall prepaze, for approval by the Owner, Schemaric Desi� Documents consisting of drawings and other documenu illushating the scale and relarionship of Project componenu. 2.2.5 At intervals appropriate to the progress of the Schemaric Design Phase and mutually agreeable to the Owner, Construction Manager and Arclutect, ffie Architect shall provide schema6c design studies for the Owner's review and the Construction Manager's information. 2.2.6 In the fiuther development of the drawings and specificarions during this and subsequent phases of design, the Architect shall review e€ -the estimates of Construction Cost which aze to be provided by the Construction Manager under the Consh�uction Manager's agreement with the Owner. 2.2.7 Upon completion of the Schematic Design Phase, the Rrchitect shall provide drawings, outline specifica6ons and other documenu for the Owner's approval and the Construcrion Manager's informarion saris ' the Desi Document Reauirements in E�ibit A- Construcrion Manaeement Plan. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedute or construction budget, the Architect shall prepaze Design Development Docuwents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall be based upon AIA DOCi1MENT B141/CMa - OWNER-ARCHI'I'ECT AGREEMBNT - CONSIRUCTION MANAGER-ADVISER EDITfON - 1992 EDIT[ON - AIA - COPYRIGHT 1992 - THE AMERICAN INS1TT01'E OF ARCIIITECTS, 1735 NEW YORK AVEN[JE N.W., WASHHVGTON, D.C. 20006-5292.; Unlicensed photocopying violazes U.S. wpyright laws and is subject to legal prosecution. Elech Format B141/CMa-1992 User pocument: 82426141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #2 99-�� data and estimates prepazed by the Construction Manager and shall consist of drawings and other documents that establish and describe the size and character of the Project as to azchitectural, shuctural, mechanical and electrical systems, materiaLs and such other elements as may be appropriaYe. 2.3.2 At intervals mutually a�reeabie to the Owner, Construction Mana�er and Architect, the Architect shall provide drawin�s and other documents wluch depict the current status of desi� development for the Owne�s review and the Construcrion Manager's informarion. 2.3.3 Upon compierion of the Design Development Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Conshuction Manager's information satis ' the Desien Document Requirements in E�ibit A_ Construction Mana¢ement Plan. 2.A CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construcrion budget, the Arclutect, utilizing data and estimates prepared by the Construcrion Manager, shall prepaze, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project responsibility for filing documents required for the approvat of goveromental authoriries having jurisdiction over the Project. Insert A: 2,4,fz Th� Archi ��j( �g remnnsible � 'd�nti£ane S?tp �nd 14ca1 �emmenta � � "Uiisdi� � annrove Sjt� desiffi �f � $ � _ � �.�1�,11_b� resnonsble� cee�� doc�menTS ang services fumished � the Architect conform to the laws, reQulations and other ljal reauirements applicable at the time of execution of tlus A�eement The Architect shall rform these services consistent with professional skill and care and in accordance with the standards of their urofession. Engineerina documents shall be dated and shall contain the si¢nature of the reeistered en�ineer in resnonsble chaz�e, a certificate that the Work was done bv such reeistrant or under the re¢istranYs direct pex�onal suueroision and the state reeistration number of leaible seal of such reaistrant. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Conshvction Documents and of the Consh�ucfion Manager's latest estimate of Conshvcrion Cost, shall assist the Construction Manager in obtaining bids or negofiated proposals and assist in preparing contracts for construction. 2.6 CONSTRUC710N PHASE - ADMINISTRATION OF THE CONSTRUCTfON CONTRACT 2.4.2 At intervaLs mutually agreeable to the Owner, Construction Manager and Architect, the Architect shall provide Drawings and Specificarions for the Owner's and the Construction Manager's review. 2.4.3 Upon complefion of the Construcrion Documents Phase, the Architect shall provide Construction Documents for the Owner's approval and the Consiruction Manager's information. 2.4.4 The Architect shall assist the Owner and Construcrion Manager in the preparation of the necessary bidding information, bidding forms, the Conditions of the Conhacts, and the forms of Agreement between the Owner and the Contractors. The Arclutect shall assist the Conshucrion Manager in issuing bidding documents to bidders and conducting prebid conferences with prospective bidders. The Architect, with the assistance of the Construction Manager, shall respond to questions from bidders, and shall issue addenda. 2.4.5 The Architect shall assist the Owner and Conshuction Manager in connection with the Owner's 2.6.1 The ArchitecPs responsibIlity to provide Basic Services for the Constmction Phase under this Agreement commences with the awazd of the Contract for construction and terminates at the eazlier of the issuance to the Owner of the final Project Certificate for Payment or�9-Ekzys-akeF�he �ate s€ -Sul�st�ia� �e�letiea -e€ �he aVeFl� _ at Final Comnlefion as shown in Exhibit A Construcrion ManaQement Plan. 2.6.2 The Architect shall provide administration of the Contract for conshuction in coopera6on with the Conshucrion Manager as set forth below and in the edirion of AIA Document A201/CMa, General Condirions of the Contract for Consuuction, Construcfion Manager-Adviser Edition, current as of the date of this Agreement 2.6.3 Duties, responsibilities and limitarions of authority of the Arclutect shall not be restricted, modified or extended withom written a�reement of the Owner and Architect�'t� seasea8 -e€�he -Eea�aste�s -aa� �he -Eeas�uskea-A4anagef- 2.6.4 The Arctritect shall be a representative of and shall ALA DOCUIvIMENT B141/CMa - OWNER-ARCIIlI'ECT AGREEMEIVVT - CONSTRl7CTION MANAGER-ADVISER EDTITON - 1992 EDIITON - AiA - COPYRIGH'1' 1992 - THE AMERICAN INS'I'IT'O'I'E OF ARCfII'1'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violazes U.S. copyright lavrs and is subject to lenal prosecution. Elech�onicFormat B141/CMa-1992 User pocumenY. 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7!7/1999 — Page #3 advise and consult with the Owner (1) during construction until final payment to the Contractors is due, and (2) as an Addirional Service at the Owner's direction from time to time during the correction period described in the ConhacGS for Construction. The Architect shall have authority to act on behalf of the Owner only to Yhe elctent provided in this Ageement uniess otherwise modified by written instrument 2.65 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally fami]iaz with the progress and quality of the Work compieted and to deteimme in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contmct Documents. The Architect shall rovide 384 hours of on-site services. the Construction Manaaer shal m cooperarion with the Architect, schedule these services. However, the Architect shall not be required to make e�austive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observarions as an azciutect, the Architect shall keep the Owner and Consh�uction Mana�er_ informed of the pro�ess and quality of the Work throu2h written Field Renorts• and shall endeavor to guazd the Owner against defecu and deficiencies in the Work. (More eztensive site representation may be agreed to as an Additianal Service, as described in Paragraph 3.2.) 2.6.6 The Arclutect shall not have control over or chazge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precaurions and programs in connection with the Work, since these are the Contractors' responsibility under the Conffacts for Conshuction. The Architect shall not be responsible for the Contractors' schedules or failure to cany out ffie Work in accordance with the Conhact Documents. The Architect shall not be responsible for the performance by the Construction Manager of the services required by the Conshucrion Manager's agreement with the Owner. The Architect shall not have control over or chazge of acts or omissions of the Conuactors, Subcontractors, or their agenu or employees, or of any other persons performing seroices or portions of the Work. 2.6.7 The Arclutect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Communications by and with the ArchitecYs consukauu shall be through the Architect. 2.6.5 �ase� sa iha �}�skitests � -aa� �„�I...,«,..,,. ..F,..,,.�, r,...�...,..._ �., n.._i:., r _ n .�. The Arctutect shall review-ax�-se� the amounts due the 99-�y8 respecrive Contractors. 2.6.9.1 �e �s§itest� -se�sa�ea .� �� sessEitxie -a �ea -ts -cke �ef -l�ase� -ea �§e- �ee�s � -aE fi�a -s4is -as -gFev�e� -i� £uHg�ag§ 3�5 �a �he -�� -e� -� Eeask�s�iea � -aa� �a �§e �ata �g -� E +,._a_.. � e.._.r....,w,..... r.. n.......,._ �, ��o�vnnr� ti iC�!�.t. i.�....�.L.a.... :..F .-.�, t' F l. .,,a ....a .�.., i � c �. > > Y T °'�� ,..a.._,.,....:.�, a._ n �n. e D S �ie�are T'��e-aa-evaHiaHea�€�he�i�� se�e�se��ke�ea�as��ee�en�s-uges�- �.. ..i,.._ _ ....i«. _r....�..,,... _a : .... T r -�.°" r _ �iae� �iatiess -fFe� -t�e �ea�ae� �es�ea�s -serFesEa�le- gAeF-tefe�gleEiea-aa��e .=r_==..�a b}��he�k's�es�-�ke�ssxaaees€-a ��a3saea� enkitl^a � - ��-� � •� a � i �� 2.6.9.2 �e-�s„�ase�-a�e�sate-feF�a�ea� -'�- t�e arenrer�+r�tat —«�.... «�,,, n �, • x i� a w \ 1 eF �ceati�eas -ea-site �esHees -fe �keslF �§e �x� -e�- q�k�}= -s€ -Eke �1F -(�j -reviewe� �sHe� -a3e�� e�e�s-tes�gxes f33�e�iewe� segies �€ 3ec�u}siEieas -reesiNe� � � -as� �ateAa}-s��glieFS�-e�eF-Elafa-Fec�ueste��e-Bw�eFxe- �s�4iate �he -Eea�astefs �� e -�en� -eF .f4} �....i 0...... ..� F .� ..,l.,.t � ............. at,� !� l. .] ....i......:a .... ............. ..r«�.,. n c �r � 2.6.10 The Architect shall have authority, after notificauon to the Construction Manager, to reject Work wluch does not conform to the Conhzct Documents. Whenever the Architect considers it necessary or advisable for implementafion of the intent of the Contract Documents, the Architect will haue authority, upon written authorizarion from the Owner, to require additional 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 Construcrion Manager, Conhactors, Subcontractors, material aud equipment suppliers„ their agents or employees or other persons performing portions of the Work. 2.6.11 The Architect shall review and approve or take other appropriate action upon Contractozs' submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the desi� concept eapressed in the Contract Documents. AIA DOCUMENT S141JCMa - OWNBR-ARCFII'1'ECT AGREEMENT - CONSIRUCTION MANAGER-ADVISER EDTTiON - 1992 EDTiTON - AIA - COPYRIGHT 1992 - Tf� AMERICAN INS"['1"POTE OF ARCHI'I'ECTS, 1735 NEW YORK AVEM7E N.W, WASHINGTON, D.C. 200065292.; Unlicensed photocopying violates U.S. copyrigJrt laws and is subject m legal proseculion. Elech�onicFormat B141/CMa-1992 User pocument: 82426141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #4 The ArchitecYs action shall be taken with such reasonable promptness and �er a submittal schedule urenazed � the General Contractor and a�nroved the C� Owner and Architect as to cause no delay in the Conhactors' Work or in construction by the Owner's own forces, while allowing sufficient time in the ArchitecYs professional judgment to permit adequaYe review. Review of such submittals is not conducted for ihe pispose of determining the accuracy and completeness of other detxils such as dimensions and guantiries or for substantiating instructions for ins4allation or performance of equipment or systems designed by the Conhactors, all of which remain the responsability of the Conhactors to the e�2ent required by the Contract Documents. The AzchitecYs review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Arclutect, of construction means, methods, techniques, sequences or procedures. The Architecfs approval of a specific item shall not indicate approval of an assembly of wluch the item is a component. When pzofessional certification of performance chazacterisrics of materials, systems or equipment is required by the Contract Documents, the Architect shall be enfitled to rely upon such certificarion to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.72 The Architect shall review and sign or take other appropriate action on Change Orders and Conshucrion Change Direcrives prepazed by the Construction Manager for the Owner's approval and execution in accordance with the Conh�act Documents. 2.6.13 The Architect may authorize minor changes in Work not involving an adjusbnent in a Contract Sum or an extension of a Contract Time which are not inconsistent with the intent of the Contract Documenu. Such changes shall be effected by written order issued through the Conslruction Manager. 2.6.14 �he ^--�, -x�siste& � -the �ens��stie� A4axage�-ska}}-sex�ueF-i�sgeeEieas�e �eteaa�ae-tke�atesf �es -e€ �ia} � -�& -the �ate �€ � seae�leEiea- �ke �tskites6 � �� -te -Eke � �ies-aa� -s� �Ha�s -Fe�e� � �e �ea�as�- �� €eF-�a�ea6-t�ea �effigliaase �k-�e-Feg�e�ea�s�€-�e EeairasE-Bes�aea�s The Architect shall assist the CM in conductine insoections to determine the daTes of Substantial Comnierion and Final Comvletion. The Arclutect shall review and take other �propriate acrion on Contractor suoolied oneration and maintenance manuals� ecauioment wairanries and similar submittals reauired � the Conhact 99-7 yg Documents which have been received from the CM . 2.6.15 The Arclutect shall �tefgre�-aa�l�esi�e assist the CM in intemreting and decidina matters conceming performance of the Owner and Contractor under the requizements of the Contract Documents on written request of either the Owner or �a�ete� Construction Manaeer. T1ie Arciritect's response to such requests shall be made with reasonable promptness and witUin any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably mferable from the Contract Documents and shall be in writing or in the form of drawings. When maldng such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractors, shall not show partiality to either, and shall not be liable for resulu of interpretarions or decisions so rendered in good faith. 2.6.17 The ArchitecYs decisions on matters relating to aesthetic effect shall be finai if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect, if reauested � the Owner shall render written decisions within a reasonable time on all claims, disputes or other matters in quesfion between the Owner and Contractors relating to the execurion or progress of the Work as provided in the Conhact Documents. 2.6.79 �ke �rskitest� -�esisiess �a clais3s �tes s�- ) b aa��ea#asteFS�gE-feF-tliese�g-Ee-aes#ketis �r� as � -ia � -�.�i.-17 s�all �e -su�ijec� �a �nl�;:...ti,.« ., ..:a,.a :., a.:., n ............._ ..a :_ a, n�_. �es�unea�s- ART{CLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 aze not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Ageement, in addition to the compensarion for Basic Services. The services described under Pazagraphs 32 and 3.4 sha11 only be provided if authorized or confiimed in writing by the Owner. If services descnbed under Contingent Additional Services in Paragraph 3.3 are required due to � AIA DOCiJMEN1' BI41/CMa - OWNER-ARCIIII'ECT AGREEMb1VT - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA - COPYRIGHT 1992 - THE AMERICAN INS111'il'IE OF ARCIIlTEC"fS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photowpying violates U.S. copyright laws and is subjea to legal prosecuUOn. ElectronicFormat B1411CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #5 �g�� amibi�uities or omissions or etrors that aze not the fault of the Architect or circumstances beyond the ArchitecYs conitol, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services descnbed under PazaL aph 3.3 aze not required, the Owner shall give prompt written notice to the Architeck. If the Owner indicates in writing that all or part of such Contingent Additional Services aze not required, the Architect shall have no obliaation to provide those services. 3.12 Services reuuired due to ambi�uities, omissions or inconsistencies in the plans and snecifications for wluch the Arclutect has been found liable or circumstances within the conuol of the Architect shall be nrovided at no additional cost to the Owner. 3_13_ Inasmuch as a new buildine requires that certain assumntions be made reeardin� existina buIldine or site coudirions, and because some of these assumptions cannot be verified without exnendine ezeat sums of additional monev, or destrovine otherwise adequate or serviceable oD rti0II5 of the sit ,e the Owner aerees that, excent for neeligence on the part of the Desi�n Professional, the Owner wfll hold harmless and_indemnifv the Desim Professionat from and a¢ainst anv and all claims. damaees, awazds, and costs of defense arisine out of or relatin¢ to claims an from existine buildine condirions or eadstin� subsurface conditions. The Owner specificallv a2rees that urofessional fees for work associated with reasonable unforeseen existine buildin¢ or subsurface conditions shall be an addirional service. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representarion at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in canying out such addiUonal on-site responsibili6es. 3.2.2 Project Representarives shall be selected, employed and directed by the Arciutect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitarions of authority of Project Representarives shall be as described in the edi6on of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. obligarions of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENTADDITIONALSERVICES 3.3.7 Making substantial _ revisions in Drawings, Specifications, or other documents when such revisions are: .7 inconsistent with approvals or inshuctions previously given by the Owne�, including revisions made necessary by adjus�enu in the Owne�'s pro�am or Project budget; .2 �egueste��}�e�waeF�esatrse�§e�ea�sYie� n�a .......... ....« ,.r � .. �,.... �. �}Tm_x_!c-i...,ta « .......t, ....,,t, o .. V -_ _ _"__;y.. .. ...__ _"__.... ... .._ .... 6 -}731Li3Yf� � -T.�i9 �Y264 �ff 368�, , ; .3 required by the enachnent or revision of codes, laws or regulations subsequent to the preparation of such documenu; or .4 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including but not limited to, changes in size, quality, complexity, the Owner's or Construction Manager's schedule, or the method of bidding or negotiating and contcacting for construction, except for services requized under Subparagraph 5.23. 3.3.3 Preparing Drawings, Specifications, and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Cttange D'uecfives. 3.3.4 Providing services in connection with evaluating substitutions proposed by Contractors a8er bid and making subsequent revisions to Drawings, Specificarions and other documenbrion resuking therefrom. 3.3.5 Providing consuitarion concerning replacement of Work damaged by fire or other cause during cons7uction, and fumishing services required in connection with the replacement of such Work. 3.2.3 Through the observations by such Project Representatives, the Arclutect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the fumishing of such project representarion shall not modify the rights, responsibilities or 3.3.6 Providing services made necessary by the termination or default of the Construcfion Manager or a Conhactor, by major defects or deficiencies in the Work of a Conhactor, or by failure of performance of either the Owner AIA DOCi7�g1VT B141/CMa - OWNER-ARCFIlTECT AGREEMENT - CONSIRUCTION MANAGER-ADVISER EDTITON - 1992 &DITION - AIA - COPYAIGHT 1992 - TI-IE AMERICAN INSITITTCE OF ARCFII'lEC1S, 1735 NEW YORK AVENtJE N.W., WASfllNGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyrigh[ laws and is subjec[ W Iegal prosecution. ElectronicFormat B141fCMa-1992 User pocument: 82426141. DOC — 6/11/1999. AIA License Number 102500, which expires on 7!7/1999 — Page #6 9 9- 7 5�8 or a Con4actor under a Contraa for Conshvcrion. 3.3.7 Providing services in evab�afino an ez�ensive number of claims submitted by a Contractor or othe� in connection with the Work. 3.3.8 Provid'mg services in connection with a public hearing, arki�iea dispute resolution proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for a#eFaata separate or sequential bids or providing services in connection with bidd'mg, negotiarion or construction prior to the complerion of the Construcrion Documents Phase exceut as noted m Eaclubit A- Cons�ucrion Manaeement Plan. 33.10 Providina more than 12 hours attendine meetin¢s for the ose of discussine and disseminatine information to the Public. the Owne�'s own forces and coordination of services required in connection with conslruction perfoimed and equipment supplied by the Owner. 3.4.9 Providing services in connection with ffie work of sepacate consultants retained by the Owner. 3.4.10 Providina estmmates of Conshuction Cost 3.4.11 Providing detailed quanrity surveys or inventories of material and equipment. 3.4.12 Providing analyses of owning and operaring costs_ unless ]ife cvcle analvsis is rectuired to make desi� decisions at the discretion of the Architect and/or Eneineer. 3.4.13 Providing interior design and other similaz services requited for or in connecrion with the se�eetiea procurement or installation of fiuniture, fiunishings and related equipment. 33.1 I Makin¢ chanees to the documents rewired as a resuk of uDdatine or amen ' the Construction Manaeement Plan as �rovided for in Article 12.1.4. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project 3.4.2 Providing fmancial feasibility- or other special studies. 3.4.3 Providing planning surveys, site evaluations or compazative studies of prospective sites. 3.4.4 Providing special surveys, env'uonmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment 3.4.6 �evidiag�,��-te-ia�est�ate�isgagcex�ieas- Providin¢ services to make measured drawines of existing condirions or facilities 3.4.7 Providing services to verify the accwacy of drawings or other infozmarion fiunished by the Owner. 3A.8 Providing coordinarion of conshvction performed by 3.4.14 Providing services for planuing tenant or rental spaces. 3.4.15 Making investigarions, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.76 Preparing a set of reproducble record drawings showing significant changes in the Work made during conshvction based on mazked-up prints, drawings and other data fumished by Contractors. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, prepazation of operauon and maintenance manuals, training personnel for operarion and maintenance, and consultation during operntion. 3.4.18 Providing services after the earlier of the issuance to the Owner of the final Project Certificate for Payment, or after Final Comnletion as shown in E�ibit A- Construction ManaEement Plan. _ ia -khe -abseaee -e€ -a €aa} �ejeet- Se�ES-€eF-Pa3�ea��e�-69�}ays-a�teF-�e�late�€ 3.4.19 Providing seroices of consultants for other than azchitectural, structural, mechanical and electdcal engineering portions of the Project provided as a part of Basic Services excent as stated in Article 12. 3.4.20 Providing any offier services not otherwise included AiA DOC[JMENC B141/CMa - OWNER-ARCIIl'I'ECT AGREEMENI' - CONSIRUCTION MANAGER-ADVISER EDTIYON - 1992 EDTITON - AIA - COPYRIGHT 1992 - THE AMERICAN INS"1'Cl'OTE OF ARCIIlTECTS, 1735 NEW YORK AVENUE N.W., WASFiAIGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright Iaws and is subjec[ to legal prosecution. ElectronicFormat B141/CMa-1992_ User pocument: 82426141.DOC — 6/11l1999. AIA License Number 102500, which expires on 7/7l1999 — Page #7 in this A�eement or not customarily furnished in accordance with generally accepted azchitechual practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide fiill information regazd"mg requirements for the Project, including a pro�am wluch shall set forth the Owner's objectives, schedule, consffaints and criteria, inciuding space requirements and relarionships, fle�bility, expandability, special equipment, systems, and site requ'uements. 4.2 The Owner shall estabLish and update an overall budget for the Project based on consultation with the Construction Manager and the Architect, which shall 9nclude the Conshuction Cost, the Owner's other costs and reasonable contingencies relazed to all of these costs. 4.3 If requested by the Azchitect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to ffie Projec�t. The Owner or such authorized representarive shall render decisions in a timely manner pertainiug to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner sha11 retain a conshuction manager to administer the Project. The Conslrucrion Manager's services, duties and responsibilities will be as described in the edition of AIA Document B801/CMa, Standard Form of Ageement Between Owner and Construction Manager, current as of the date of this Agreement. The Terms and Condirions of the Agreement between Owner and Construction Manager shall be fumished to the Arciutect and shall not be modified without written consent of the Arclutect, which consent shall not be unreasonably withheld. The Architect shall not be responsible for actions taken by the Construction Manager. 4.6 The Owner sha11 fumish surveys describing physical characteristics, legal limitations and urility locarions for the site of the Project, and a written legal descriprion of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and siructures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restricrions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to e�stin� buildings, other improvements and trees; and 9 9-��8 information conceming available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.7 The Owner shall fumish the services of geotechnical en�neers when such services aze requested by the Architect Such services may include but aze not limited to test borings, test piu, determinations of soil bearing values, percolation tests, evaluarions of hazardous materiaLs, and gound coaosion and resistiviTy tests, including necessary operations for anticipating subsoil conditions, with reports and appropriaze professional recommendations. 4.7.1 The Owner shall fumish the services of other consultants when such services aze reasonably required by the scope of the Project and aze requested by the Architect. 4.8 The Owner shall fumish structutal, mechazucal, chemical, air and water pollurion tests, tesu for hazardous materials, and other laborntory and environmental tests, inspections and reports required by law or the Contract Documents. 4.9 The Owner shall fiunish all legal, accounting, and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Conh�actor's Application for Payment or to ascertain how or for what pwposes the Contractor has used the money paid by or on behalf of ffie Owner. 4.10 The services, infoanation, surveys and reports required by Pazagraphs 4.6 througJi 4.9 shall be fumished at the Owner's expense, and the Architect shall be entifled to rely upon zhe accuracy and completeness thereof. 4.11 Prompt written notice shall be given by the Owner to the Architect and Conshuction Manager if the Owner becomes awaze of any fault or defect in the Project or nonconformance with the Contract Documents. 4.12 The proposed language of certificates or certifications requested of the Architect or ArclutecPs consultants shall be submitted to the Arclritect for review and approval at least 14 days prior to execution. The Owner shall not reguest certificafions that would require lmowledge or services beyond the scope of this Agreement 4.13 The Owner shall furnish the required information and services and sha11 render approvals and decisions as expediriously as necessary for the orderly progess of the Architect's services and Work ofthe Conhactors. AIA DOCi7MEN'C B141/CMa - OWNER-ARCFII'I'ECT AGREEMENT - CONSTRUCTION MANAGER-ADVISEA EDITION - 1992 EDIIION - AIA - COPYRIGHT 1992 - TI-IE AMERICAN INS'PI1'[)T'E OF ARCEIlTECTS, 1735 NEW yORK AVENUE N.W., WASHING'LON, D.C. 20006-5292.; Unlicensed photricopying violates U.S. copycight laws and is sub}ec[to legal prosewtion. ElectronicFormat B141/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #8 99-7<f P 4.14 The Owner shall fumish the Architect copies of written comwunications with the Construction Manager and Conhactors necessarv for the orderlv pro¢ress of the Architect's Services. ARTICLE 5 CONSTRUCTION COST 5.7 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Arclutect 5.7.2 The Construction Cost shall include the cost at current mazket rates of labor and materials fumished by the Owner and equipment designed, specified, selected or specially provided for by the Arclutect, plus a reasonable allowance for the Contractors' overhead and profit. In addirion, a reasonable allowance for contingencies shall be included for mazket conditions at the time of bidding, as�-€ef skaages-ia�he�ei -Eeask�ea ska� -a}Se -�e -t�e �effigeasaEiea -e€ -�e � 5.1.3 Conshvction Cost does not include the compensarion of the Architect and Architec4s cansuttants, the costs of the land, righu-of-way, fmancing or other costs which aze the responsibility of the Owner as provided in Pazagraphs 4.1 through 4.4 and 4.6 Uuough 4.14. 5.1.4 The Conshvcfion Cost Budeet shall be the bu et approv� � the Owner and included in Elchibit A Construction Mana2ement Plan. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 The ArchitecPs review of the Owner's Project budget and of preliminary estimates of Consirucrion Cost or detailed estimates of Construction Cost prepazed by the Conshucrion Manager is solely for the ArchitecYs guidance in the Architect's prepazarion of the Construcrion Documents. Accordingly, ffie Arclutect cannot and does not wairant the accuracy of the estimates of the Construction Manager, or wanant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Conshuction Cost or evaluarion reviewed by the Arclutect consUVCtion budaet. 5.2.3 �a �he -evea� -tka� �e �e�sHe�t �s esEi�ate-e�-t§e-le�vesE-Heaa�e �sf-aege�iate�-gFegesat- �eeei�e� -63� -tke -9waeF �see�s -ihe -9�aet'� -�eE � �easess � �§aa -�kese �,�Q -ia � � �ge- �d:�,..,e:,.., .,r r....._.,... r,..... x n �. �tec�s -�esges� �ke �e�tesE � �e � �a ee�geasa�iea -i� �,.,.'�� -i§is n�re�.-_' � -a& 5 ,,...:,.e.. .,,.� �.,.., ._.,.,,.,... ,. ,. � se�eaee� If the fixed limit of Conshucrion Cost is exceeded bv ffie lowest bona fide bid or ne�otiated nronosal the Owner shall:�_ - ve written approval of an increase im such S1ced 1� 2�_ authorize rebidd'm¢ or reneeotiatine of ffie Proiect within a reasonable� �_ if the Proiect is abandoned terminate in accordance with Pardffaph 83: or Al coonerate in revisine the Proied scooe and uualitv as reouired to reduce the Construcrion Cost 52.4 If 'the Owner chooses to rp oceed. under Clause 52.3 the Architect shall modi the Contract Documents as necessarv to com�lv with the fixed 1� without additional costs to the Owner. The modificarion of Conhact Documenu shal] be the limit of the ArchitecYs resoonsibilitv arisin out of the establishment of a fixed limit. The Arclutect shall be entitled to comnensation m accordance with this Aereement for all services nezformed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECTS DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specificarions and other documents prepared by the Architect for this Project aze instruments of the ArclutecYs service for use solely with respect to this Project and, unless otherwise provided, the Arclutect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved righu, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies and electronic files, of the ArclutecYs Drawings, Specificarions and other documents for informa6on and reference in connection with the Owner's use and occupancy of tlie Project. The ArclutecYs Drawings, Specifications or other documenu shall not be used by the Owner or others eF for completion of this Project by others, unless the Arclutect is adjudged to be in defauit under this Agreement, except by agreement in writing and with appropriate compensa6on to the Architect. 5.2.2 A�e fised limit of Conshvction Cost shall be established as a condirion of this Agreement and is included m E�ibit A_ Conshuction Manaeement Plan as the 6.2 Submission or distriburion of documents to meet official regutatory requirements or for similaz purposes in AIA DOCUMENT B141/CMa - OWNER-ARCHITECT AGREEMENT - CONSIRUCTION MANAGER-ADV[SER EDTTtON - 1992 EDITION - AIA COPYRIGHT 1992 - TI-IE AMERICAN INS111'0"IE OF ARCIiIT'ECTS, 1735 NEW YORK AVEN[JE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. wpyright laws and is subject to legal prosecution. Elech�onic Format B1A1/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #9 connection with the Project is not to be consfrued as publication in derogaTion of the ArchitecYs reserved rights. ARTICLE 7 ARBITRATION 7.1 Elaiffis �utes -eF �tkeF -�atters -ie � �6YiV2Eff �tB �S �6 -Y�35 n--�P__ -�� }i� 6�-9f �elat�-fe-t�is ' te � �esi�le� -�y � -� � ivit§ -tiic� Eeas�ue�ea � �kkit�aziea �les s€ �he �eriea� t1�i�aSiea�ssesi��iea��eat��a-e�'ee,��eless�e �ie� �y -a�ee sN3e�wise Reolace the term "ARBITRAT'ION" in the ritle of this article with "DISPiJT'E RESOLUTION" 7.2 the �eF -�}-te �3tis �ee�ea�-�-iviEk �e � tl�kitra�iea �4ssesiaEie� z4 �ea�as�-£eF a�it�atiea s3�a� �e- �tac�e -wi� -a-reasexab�e �e -afreF -the �1.� -�is}�Ee � et�eF �atEef �a �est� -kas -a�ises: � �e -eveaE � � s�a4�tes�€�aHens All claims disnutes and other matters in uestion between the Owner and ArchitecC arisine out of or relatine to• this Aereemetrt shail be settled� a court of comuetent jurisdiction, vrovided said cla� di�snute or other matter in auesrion cannot be settled bv direct discussion nrior to leQal proceedines._ Owner herebv consents to iurisdiction of said court 7.3 �ie -azkifca�iea ,�isiag �teE -e€ � -Felat�ag -te -f#� t�eemeaE-ska�-iasl�e -k}`�aseli�aHe��-e�-itx-aa3'- �� re€eFeaee-te�is�reea�eaE-sigae�-�-tke�waef�tee� arkik3tiea�g�u�-geFSea�-eaHt��kal�-ae� e -�ersea -ef �g -ae� -a�e� � -�ess�Hec� � �ke- €eregeiag -ag�ee�etx4 -te -�ate � � -agree�nea#s -ta � �ke �es �e -�xis -�eea�ea� -ska� �e � ea€erseal�le-ia-asse��ase�vitl�-aggkealile-law-ia,az33� �# �in� }tufs&iet�ea tkeFee€ 7A �e-awaz��eadeFe�-by-the-arkit�aEeF�-arki�rateFS- s§al� -He -€a,a� � -"'�ee� -raa� -ke �atere�F ��ea � -is- asseFdaaes -w�tk -a�gkSaHle -k� -ia � �se�u� -§ai�ag- E"?`rr e rs9e�es'-+eT�a 99-7Sf8 ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 'I'his Agreement may be terminated by either party upon not less than seven days' written norice skeul�-t§e-e�- �H3` -fa� � -te �et� -i� -aece�e �iEk •�- teFS3s �€ �s -t�ee�ea� �ex�� -ae -€at�l� �€ �e �- a , � p � 8.2 Qd Tf the Proj��i.s suspended by the Owner for more �han��fl consecutive days, the Arc]utect shall be compensazed for services performed prior to notice of such suspension. When the Project is resimied, the Arclutect's compensation shall be equitably adjusted to provide for expenses incurred in ffie interruption and resumption of the ArchitecYs services. 8:3 This Agreement may be terminated by the Owner upon not less than seven days' written norice to the Architect, }e -tke �veaE �-Ehe �ejes� �s -ge�eat� �eae�: _ Unon receint of snch norice, the Architect sha unless the notice directs othenvise. immediatelv discontinue all services and shall instruct its subconsultants to do the same. _ The Owner and Architect shall mutuallv determine if there aze anv services�et incomnlete wlrich should be finished in order to brina the nroiect to an anurouriate uoint of tezmination. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 Ifthe Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written norice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the norice, the suspension sha11 take effect without fiuther no6ce. 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. 8.6 In the event of terminafion not the fault of the Arclutect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due or resukine from ternunarion. at� -all- 8.7 �ea -£�geases -are �a �iea -t� AIA DOCUMENI' B141/CMa - OWNER-ARCFIlTECf AGREEMENT - CONSIRUCITON MANAGER-ADVLSER EDTTION - 1992 EDiTtON - AIA - COPYRIGHT 1992 - Ti-IE AMERICAN INSTI1"U"1'E OF ARCHI1'ECTS, 1735 NEW YORK AVENUE N.W., WASFIlNGTON, D.C. 20006-5292.; Unlicensed phomcopying violazes US. copyright laws and is sub}ect m legal pcosecution. ElectronicFormat B141/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #10 9 9-7� � �� essesska�l�-be�e�guted-asa-gersea�age-e�- t�e -Eefa� -se�geasaE�ea � -�asis -Se�ases -aa� z4A�ibieaa� .1 �wea� 966HES�...r .,. ,._ a..,_.. .�... __,.a,,..:.... .. _a....:.. a own forces. 9.5 The Owner and Arclutect, respectively, bind themselves, their partners, successors, assigns and legai representatives to the other party to this A�eement and to the parmers, successors, assigas and legal representatives of such other pazty with respect to all covenants of this Ageement Neither Owner nor Arclutect shall assign this Agreement without the writTen consent of the other. .2 t�igeaa� �� ae� �e �ate �€ � �� > .3 �ea�! �� -te �ate -i€ � ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, tiils Agreement shall be governed by the law of the place where the Project is located 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201/CMa, General Conditions of the Contract for Conshuction, Construction Manager-Adviser Edition, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence m run not later than either the date of Substanrial Completion for acts or failures to act occurriug prior to Substantial Completion, or the date of issuance of the final Project Certificate for Payment for acts or failures to act occurring after Substantial Complerion. 9.4 The Owner and Arclutect waive all rights against each other and against the Construcrion Manager, Contractors, and the consultants, agents and employees of any of them for damages, but only to the extent covered by property insurance during construcrion, except such righu as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of ffie date of this Agreement. The Owner and Arclutect each shall require similaz waivers from their Consuuction Manager, Contractors, consultants, a�ents, and persons or enriues awazded separate contracts administered under the Owner's 9.6 Tlvs Agreement represents the entire and integated agreement between the Owner and Architect and supersedes all grior negotiations, representations or aa eements, eidaer written or oral. This Ageement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in the Agreement shall create a conhactual relationslup with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Arclutect and ArclutecPs consultants sha11 have no responsibiliry for the discovery, presence, handling, removal Qr disposal of or exposure of perso�s to hazardous materiats in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representations of the design of ffie Project, inciuding photographs of the exterior and interior, among the ArchitecYs promotional and professional materials. 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 spec�c informafion considered by the Owner to be co�dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promorional materials for the Project. 9.10 The cirv of Saint Paul's Affinnative Action/Ectual Emnlovment Opporiunitv Reauirements for Non-Construction Contracu are made nart of this aa�eement. See E�ibit C. 911 _ The Architect shall wazrant thev are Yeaz 2000 comnliant See Eachibit E. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE AiA DOCLJMEN'C B141/CMa - OWNER-ARCHITECT AGREEMEN'I' - CONSTRUCTiON MANAGER-ADVISER EDTIYON - 1992 EDI170N - ALA - COPYRIGHT 1992 -'ITIE AMERICAN INS1T'I'O'1'E OF ARCiSl1'E('fS, 1735 NEW YORK AVEN[JE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S copyright ]aws and is subject to legffi prosecu5on. ElectronicFormat BI41/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #11 99 8 10.1.1 Direct Personnel Expense is defined as the direct salaries of the ArclutecYs personnel engaged on the Project and the portion of the cost of their mandatory and customary contriburions and benefits related thereto, such as employment taxes and other statutory employee benefits, incnrance, sick leave, holidays, vacations, pensions and similaz contributions and benefiss. 10.2 REIMBURSABLE EXPENSES made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subpazaa aph 11.2.2. 10.3.3 If and to the extent that the time inirially established in Subparagraph 2.6.1 �� of this Agreement is exceeded or eatended through no fault of the Architect, compensarion for any services rendered during ihe additionai period of time shall be computed in the manner set forth in Subparagaph 11.32. 10.2.1 Reimbiusable E�cpenses aze in addition to compensafion for Basic and Additional Services and include eacpenses incurred by the Architect and ArcFutecYs employees and consultants in the interest of the Project, as identified in the following Clauses. 10.2.1.1 Expense of transportation In connection with the Project; elcpanses in connecfion with authorized out-of-town travel; long-distance communica6ons; and fees paid for secnring approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage, e�cpress deliveries, electronic facsimile transmissions and handling of Drawings, Specificarions and other documents. 70.2.1.3 �€�-ia-advaxse-by-tke�svsef� 10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limiu, including professional liability insurance, requested by the Owner in excess of that shown in E�ibit B. 10.2.1.6 �gease s€�de� -�esige � �g- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 1Q3.1 An initial payment as set forth in Paragraph I1.1 is the minimum payment under this Agreement. 10.3.2 Subsequent gayments for Basic Services shall be 10.3.4 When compensation is based on a percentage of Consuuction Cost and any portions of the Project aze deleted or otherwise not constructed, compensarion for those portions of the Project shall be payable to the extent services aze performed on those portions, in accordance with the schedule set forth in Subpazagaph 11.2.2, based on (1) the lowest bona fide bids or negotiated proposals, or (2) if no such bids or proposals are received, the most recent estimate of Construction Cost prepazed by the Construction Manager for such portions of the Project 10.4 PAYMEPJTS ON ACCOUNT OF ADDITIOtJAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Payments on account of the Arc2ritecYs Addirional Services and for Reimbursable Expenses shall be made monthty upon presentarion of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.7 No deductions shall be made from the Architecfs compensarion on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECTS ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and eacpenses pertaining to Additional Services and services performed on the basis of a mulriple of D'uect Personnel Expense shall be available to the Owner or the Owner's authorized representa6ve at mutually convenient times. ARTICLE 17 BASIS OF COMPEIJSATION The Owner shall compensate the Architect as follows: AiA DOCUMENT' B141/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCITON MAIVAGER-ADVISER EDTITON - 1992 EDITiON - AIA - COPYRIGHT 1992 - Tf7E AMERICAN INSTI'1'U'IE OF ARCHI1'ECTS, 1735 NEW YORK AVENtJE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photoCOpying violates U.S. copyrigLt laws and is subject to tegal pwsecufioa Electronic Format BI41/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #12 9 7 r � � � 17.1 AN INITIAL PAYMENT of No Dollars ($ � shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR SASIC SERVICES, as descnbed in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensarion shall be computed as follows: (Insert basis aj compensation, induding s[ipr�7¢ted sums, rwltiples or percentages, mrd identify phases to which p�ticulm methods of compens¢tion apply, if necess�y.) Sti�ated Sum of Five Hundred Ninetv'ILree Thousand Tiuee Hundred Three Dollars ($593.303.00). 11.2.2 Where wmpensaiion is based on a stipulated sum or percentage of Construction Cost, pro�ess payments for Basic Services in each phase shall totai the following percentages of the total Basic Compensation payable: (/ruert ¢dditional phases as appropriate.) Schematic Desi�nn Phase: DesiBn Development Phase: Consh�uction Documenu Phase: Bidding or Negouafion Phase: Seventeen percent ( 17 %) Ei teen percent (18 %) F� percent ( 40 %) Five percent ( 5 %) Conshuction Phase: Twen percent ( 20 °/a) o asic ompensa ion one un e percen a 11.3 COMPENSATION FOR ADDITIONAL SERVICES 17.3.1 FOR PRO7ECT REFRESENTAT70N BEYOND BASIC SERVICES, as described in Pazagraph 3.2, compensarion shall be computed as follows: Sfipulated Sum or hourlv, based on E�ibit D Schedule of Fees, when auproved in writine bv the Owner. 11.3.2 FOR ADDITTONAL SERVICES OF TFLE ARCffiTECT, as described in Articles 3 and 12, other than (1) Addirional Project Representarion, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Sezvices, but excluding services of consukanu, compensarion shall be computed as follows: (lnsert basis oj compensation, incZuding rates and/ar multiples of Direct Personnel Fapense for Principals mu! employees, tmd identijy Principals mul class� employees, if required. Identify speci,fic servicea io which particulm meihods of campenration appty, if necessmy.) Sfinulated Sum or hourlv, based on attached Schedule of Fees, when annroved in writind bv the Owner. 11.3.3 FOR ADAITIONAL SERVICES OF CONS[3LTANTS, including addirional slructural, mechanical and electrical engineering services and those provided under Subpazagraph 3.4.19 or identified in Article 12 as part of Addi6onal Services, a mulriple of one (1_0 ) rimes the amounts billed to the Arclutect for such services. (/dent� specific types of consukants in Ar[icle 72, if requised) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIIvIBURSABLE EXPENSES, as described in Paragaph 102, and any other items included in Article 12 as Reimbursabie Expenses, a mul6ple of one ( I.0 times the e�enses incurred by the Architect, the ArchitecPs employees and consultants in the interest of the Project for a euarauteed malcimuna nrice of Five Thousaud Dollars ($5,000.001. 11.5 ADDITIONAL PROVISIONS 11.5.1 �-��ASI6 -c§is ( ) tlu�euak -ae -fat�i� -e€ �e -A�e#ites� �cteasies -e€-�e -�fesfs -se�ises �ieyea� -tkaE -tin3e skal} -be �ea�}3ea,ate� �s -gee�a� -ia- S .,i....,....,._....u.. , n� z....a ,, z � 11.5.2 Paymenu are due and payable Tliirtv ( 30 ) days from the date of the Architect's invoice. Amounts unpaid �( 30 ) days after the invoice date shall bear interest at the nte entered below, or in the absence thereof at the legal rate prevailing from time A[A DOCLIMENT B141/CMa - OWNER ARCffiTF.CT AGREEMEN'P - CONSIRIICTION MANAGER-ADVISEft ESJTSTON - 1992 IDTTiON - AiA - COPYRIGHT 1992 - Tf� AMERICAN INS111'UT'E OF AKCI-Il'I'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photowpying violarc U.S. copyright laws and is subject to legal prosecution. ELec�onic Format B141/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 10250Q which expires on 7/7/1999 — Page #13 9'9-7 yB to time at the principal place of business of the ArclutecK. (Iruert rate of interest ¢gre¢d uporz) 1.5%/jVZOIl2(i. (Usury laws and reguirementr wider the Federal Truth in Lending Act, similm state mut local counoner oedit laws mrd other regulntions at the Ormer's mui A>chitecPsP�incip¢I places of buriness, the locatiors of the Projecf �md elsewhere may affect the validity oflh'u provisian Spec�c leg¢I advice should be obtained with respect to deletions or mod�caliarzs, mrd also reg�drng reguirementr such as wriners disc[omves or waivers) 1 t.5.3 'Che rates and muiriples set forth for Addirional Services sLall be annually adjusted in accordance with normal salary review pracrices of the Architect ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descripfrorzs of other servires, ident3fy Additionat Services inctvded withm Basic Compens¢tion, mxd insen mod�ca6ons to the payment and compens¢tion terms inclvded in this Agreement.J 12.1 Additional Services 12_l.l Develonment ofplans necessarv to accommodate nhasina of the construction._ Howlv not to exceed $20,000.00._ Not to excee�alue will be revised uoon definine of phasine reauirements. 12_1.2 Inventorv existine fumishines, develon details for refurbishin¢ as necessarv. Hourlv not to exceed $6 700.00 12_13 Documentine e�stine conditions, verifving accuracv of existine drawinas_ testin¢ existin¢ material to determine anuronriate metho�of restoration. Hourtv not to exceed $45,110.00. 12_I .4 Develop Buildine Proezam and establish eauioment needs. Hourlv not to exceed $10.826.00. u,. �� ,��- � i- . ,i . � � . -. -� � �i,. - i- �.n- .�. � - i ..i �. ... e��. -� y�,i• � �- � .u '. - -� � �- �ui .� ... � . •� � '� ,� ,�� e��, -• C - u'� • . � , .� � . .' �-��'� . �� ,� . i �i, - . - �•i -� i . �� - � �• - ,�� .n � .e�� - �n� u � - �-�� , �� i �i n. �i U.�,� <i � � i • i' •u�' '� �u'i U, i'� - ' � - . � u,�.•'u'� � ��u. •i 'n u, �. _ '� ,�. i'� ,�- �� i r i' • u� - �� n. e�i U.i. ,i� : i ,�� - �� ' i ��.�r. -� � � i �i ei. �� u.�,• ,i � �u�. ,u .�. �� - .. s � .r� ' Y� � 'y i, � i - ..i� u, � , i '�' .. s i ,i - i' �.n ' .�� - � � �' �i . . i7 , u .1�' a ♦ .'w �li�'1 . �1 , .. U � 1.0.• �' ' � •�� t .• t � 1 • �' �l< 1 .• AI' � � ' � �': I 1 .1 1 "11� � 1 � .1 �" �1 11' 1.1 1 - 11 � � " �1� I�11 .. 11 � �.II..' �' - � 1 .�• I 1 �- er. �� . � � . �• � � . �i• �- ��u i �- ,n•.i ,i� � �- �n� � �i�� ,�< �-� Yi- � t.. u �.. i..�. r. �._- �.0 .. i �...a . � � ..� ' � '. �t / .l '.�. .'� � � 1� •�� r1' 11 1 1' - � .1" 1. �11�' 11 1 I' ''1 1' /.I1 '�. 1..1 " � j" 1' 1�11 I. � :�. 1"1 1 1 ��II' 1 11� 1 ' 1 1� �� I '' 1 1.. •� . 1 1 11 . 1 n 1 1 1' 1 1. p t. C• 1 1" � JI ". �' 1 � ��' � 1 I 1 11 . 11 �� I• �. � 1' � " � � � " �1.. '• - '1 � .. I'• ' '�� 11 •1 1 �1 1 1' ' 1 - .� - 1 <� \_ 1 .Y.1 " � 11� 1 'C!' 1 . � .111.1. 1 1 �-�. �� " � � I 1 .11 1 . �1" 1'�1� • 1111' .l' 1�. IU � - •1 • 1 1' .11� 1. .I� 1 1' IUI � 1 � '1 .11 .In 1'� 1 .� � �I" ' 1 I. , II. la I .1� � 1. ' ��11 a 1� �.�\ 1 1.C<1 �'� - 1 1.C•1 - .1� �-- 1 1� •11 1' iI1' 1 1' - �1 1! �- •.u' '.t. i.r.� -. i'�i• i.n i, �,�. �-� i�i �- �ui �, - u�.w' �- • � i' '. AIA DOCUMENT B141/CMa - OWNER-ARCFIII'ECT AGREEMENT - CONSTRUCTtON MANAGER-ADVISER ED]'CION - 1992 EDITION - AIA - COPYRIGHT 1992 - THE AMERICAN INSTTT[7TE OF ARCIIl"i'ECTS, 1735 NEW YORK AVEN[JE N.W, WASHINGION, D.G 20006-5292.; Unlicensed photocopying violates U.S_ copyaght laws and is su6ject m legal pmsecution. Elech�onicFormat B141/CMa-1992 User pocument: 8242B141.DOC — 6/11l1999. AIA License Number 102500, which expires on 7/7/1999 — Page #14 ♦ � I � ••' 1� 1� .1� 1•. r ��. ..'1 'I1� �.1� 1 • •1� �� • � � � \' '� 1�11 11 1 1 1.1� 1 'll� ..1� � �1 . 1_ 1 11. "�a ♦� I 1` 1 1' _'ll 1 1.. 11�� '.• p�1 1' 1' �• .. 11 .Y. . .�'1 ' / �.It.! �.� 1 1�11 � 1 . 11.11" - '1 � 1 ".��Y. 1 I t' 1.1� 1 'll � �'1�� . � • �'Y� . �- � � �� 1 � 1�J 1. . �� .c 1 al � ..�� I .1� .I� . -- .1 In 11 1..1� 1 � "111 � ...-7� .. �:t� � •� . � � �- �,., �� . - i . � - , � �-. � . . � � - .t 7.- � - - - s u - 1�- � =e i, i� .' 'n�� . - � __ '� ,i� . - � �u - ..Y� - r � � • u . � i' . � o ��i � - u� • � '- � .��r. � ,� _t. �..��er.w� e i� �- . � - e�� 1 I 'yl'G . . _ � '.ye�� . � � -�_..�� -• u .�. �, - u. i �, � �" •.i� ��ui' �" '� • s � �� i,�u - �' - y� ,�� 'u� • ��' � ,m x. . �'� ' � �.11... 1 � 1• •l 1� 11 '� �.i��l 'h. 1�� 1 � �.■ ' I�u '.��'1J' � 1 �I1...1�� .�"l� .. �y.`II �u � � i' i,.. �� u. -�, 1� ��.u � .��_ __ '� �� . �,w - .�� u. • u' ' � 'h ��u .. � �. � �- �-• -� - . i ��.u �7e�• ...r..��:,. ��y. .i. �i�r. �w � .��r._ �n � � � � �� ,�� i• - u� • � `1 . � . �'Y� . �"Y� � •q. � �... �� - — _— " _ "Iiiis Agreement entered into as of the day and yeaz fust written above. OWNER (Signahve) (Prin[ed xame mrd litle) ARC TECT � i ) (Printed name and ti77e) AIA DOCUMENT B141/CMa - OWNER-ARCIIlIECT AGREEMEN'1' - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDI7TON - AIA - COPYRIGHT 1992 - THE AMERICAN INS"1T'1'OTE OF ARCHITECTS, 1735 NEW YORK AV£NUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying viotates U.S. copyright laws and is subject W legal pzosecstbon. Eleclronic Format Bi41/CMa-1992 User pocument 82426141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7!7/1999 — Page #16 9'9'7y�8 Exhibit A ST. PAUL PUBLIC LIBRARY REWOVATION AND ADDiTiON St. Paui, MN CONSTRUCTION MANAGEMENT PLAN 12 May 1999 99-��8 TABLE pF CONTENTS 1.0 Project Description 1.1 Program Requirements 1.2 Project Organ¢ation 2.0 Project Requirements 2.1 Budget/Financial 22 Master Schedule 2.3 Bidding Strategy 2.4 Design Document Requirements 3.0 Project Directory H:�cu�e.oieas�szazse��cm�aN.ao� 2 9'9�7�8 7.0 Project Description The project addressed in this Construc5on Management Plan is the renovation and addfion to the St Paul Pub4ic Library. The renovatian of the West wng includes removai of the ewsting stacks and construction of new floors to accommodate books and periodicals, study carrels and computer access. Both the East and West wings will include cleaning and refurbishing of the e�dsting stone and plasfer, upgrading mechanical, lighting, fire proteetion, power and data systems. The addition wili be located on the Keliogg side of tfie buiiding and wiil house a lobby, coffee shop and fheater. Construction will be phased and the building will remain open during construction. Bid aitemates wiil be establ�shed to protect the construction budget without compromising the essential program requirements. The budget, as established by the Library and the funding commitrnents, shali not be exceeded. Any requests resulting in a cost increase, above that anficipated by the established budget, must be offset with at least an equal amounf of cost reduction in some other area. 1.1 Program Dale Anderson has prepared a pre-design study, which shall be the basis for design. 1.2 Project Organ¢ation The project team members are identfied in the project directory in Section 3.0 of this Plan. Fran Gault is the designated liaison for the Owner. CommunPcations will be routed through her or records of communications will be copied to her, if direct contact with users is approved. CPMI is the Construction Manager. CPMI will be notified of all interactions between the Architect and the Owner, especially documented decisions related to design and scope of the project During construction, alI communications to the contractors will go through CPMI unless otherv✓ise approved. Until a construction office is estabiished, all communications shall be directed to the attention of Paul Oberhaus. Meyer, Scherer 8 RockcasUe, Ltd. is the Architect of Record. Jack Poling is the designated liaison for MS & R. The Owner is responsible for development of the program and design decisions on the project. H:1CM\Projec[s\8242-SPL\CMPL4N.dac 99 2.0 Project Requirements 2.1 Budget/Financial The tofal project budgef is shown in the Fnancial Status Report attached_ This budget is considered a maximum, and the Owner wili evaluate tradeoffs with their consultants and users during design fo avoid any cost overruns. The Foced Limit of Construction Cost is Item 190 Subtotal Construction. The Architects and Engineers shail design to a target 5% below the Fixed Limit of Construction budget and provide at least 5% in add aftemates with the cooperation and approval of the Owner and CM. 2.2 Master Schedule The Master Schedule for the project is included on the following pages. Phased occupancy of portions of the facifities wifi be necessary. Finaf construction schedule strategies wili be determined at the end of Design Developmenk 2.3 Bidding Strategy The Owner anticipates multiple primes. Earty packages may be requised for temporary faci4ities and material purchases. CPMI will prepare the preliminary General Conditions and Divisiort l of the project manual in conjunction with the Architect. 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'Q a� -i Z� a W Z o o m m m m z o 3 m m m o 3 = a O U m F � U U I- O ri F 1- w U p V F i- -� N a � � N m � � O O O O O O O O O� �.- .- � �� Q p O O O O O .. � � � V O O O O O O N N N N N N N N N N N N N N O O Of � W T 0 � � " . . . . . . . . . . . . � � e �„ x � N � 0 �� . - ----- ------- -------- ------- ------- --------- --------- ------- -------- -------- -------- --------- ------- ------- ------- 0 W W U O C a Z r o w Q U F 0 F � W C' Z w � a W ----- ------- ----+°-- � i �— --------- Z Q-- � V � . W Z W 4.' F F' m O 0 0 Z V J � f IG Q �- F� j F _____�-} _____ O__ 4 tL o� 2 ------- ------- W �a o � � W�,�„ 9 Z m m� o! U C� W F F ��~ F 0. K Z C) j W W � j m W K� F C7 1- U�C `L pp R -� 0. Q a1 fq Z p>> W I- � W � j V G O � O W a�_l � �� Z U Q p a � � � � � � � _ r p Q V m Z _________ _'___'___ __'__p�G �u. z F F . KV --�------ p z w a r V U a W Z � o p a a W F m V W '________ _'_____'_ ___� Z "_�___ _'_______ � O F U N W F � O U Q W W a a t� O 99-7�' 2.4 Design Document Requirements The Checklists on the foliowing pages contain the requirements for adequate cost management documentation at the various stages of design. Cost management reviews wili aiso t2ke place at a6out the midpoint of Contract Document ¢reparation and p�or to bidding. Each of the architecturai and engineering design disciplines will be expected to have their drawings and tecfinical specifications to the level noted for that phase of the reporting. CONCEPTUAL DESIGN Drawings Site/Civil If unusual site: Basic site plan or notation on floor plan; demolifion; preliminary construction for aitemate entries, loading, etc. 2. Architectural a. Floor pians to include: (1) Overall building dimensions. (2) Locations of interior walls. (3) Room names. (4) Building entry doors. (5) Existing drawings showing demolition (6) Location of conveying systems b. Sections and Details (1) None required - notation on floor plan of floor-to-floor or floorvto-roof heights. (2) Notation indica6ng planned interior wall systems (e.g., stud and gyp at partitions between classrooms and in office suites; glazed CMU at toilets; bumished CMU at corridors). c. Elevations None required - notation on floor plan of exterior wall construction (e.g., CMU and brick with gyp interior). 3. Structural a. Foundations - notation of expected systems, (e.g., spread footingslcontinuous footings, piles/pile caps/grade beams, etc.). b. Supported floors - notation of type of system to use for report (e.g., precast piank on steel). c. Roof - notation of type of system, (e.g., precast double Ts on bearing wails/bailasted EPDM roofing). H:\CIvTProjec4s\8242-SPL\CMPLAN.tlx � � 9g 75F8 CONCEPTUAL DESIGN (Continued) 4. Mechanical a. Plumbing - Notation of types of systems. b_ Fire Protection - Notation of types of systems. a HVAC - Notation of types of systems (e.g., pmpus or stand-aione, hydronic or forced air, etc.). 5. Electrical: Notation of types of systems. Project Manual Program areas by classfication and Net Assignabie SF, Net-to-Gross factors to determine Gross area. SCHEMATIC DESIGN Drawings 1. Site/Civil a. Soils report. b. Site utilities - located and sized or notation of approximate focation of existing mains (e.g., water and gas in street north of properry, sanitary and storm in easement east of property, etc.). c. Grading plan, if available, or notation of site conditions (e.g., basiqlly flat site, slopes to northwest from approximately 50' from camer, large guily in middle of site, etc.) and existing site survey. d. Site Plan with paving types indicated (e.g., concrete, brick pavers, asphait, etc.). e. Site improvements located (e.g., railings, retaining wails, etc.). f. Demolition. 2. Architectural a. Floor plans to include: (1) Overall building dimensions. (2) Interior wall locations and iypes. (3) Door locations. (4) Building sections marked on floor plans. (5) Room names. (6) Caseworlc & equipment layouts. (7) Roof plan showing levels, parapet, equipment � roof drains. (8) E�dsting drawings showing demolition. (9) Location of conveying systems. r:�cnm��s�szazsa��cmatnN.ao� 12 99-7�8 SCHEMA7IC DESIGN (Continued) b. Sections and Detaiis (1) Longitudinal & Transverse building sections including sections through each wing with floor and roof elevations indicated. (2) Sections sfiowing unusuai floor changes and other special conditions. c. Elevations F�cterior wall elevations indicafing materials used, floodroof elevations and grade fevels. 3. Structural a. Foundations - pre{iminary foundation drawings sfiowing locations of cotumn footings, continuous footings, piles, pile caps or grade beams and s¢e. b. Supported floor plans indicating s¢ing of slab/precast and preliminary support information (e.g., steel beams and }"oists, precast beams, etc.}. c. Roof plans indicating sizing of deck, sfab or precast and prefiminary support infortnation (e.g., steel beams and joists, precast beams, etc.). 4. Mechanical a. Plumbing Floor plans showing plumbing fixtures and equipment locations. b. Fire Protection - Notation of types of systems, location of standpipes & equipment. c. HVAC (1) Descriptions and sizes of the heating and air conditioning systems to be used (e.g., hot water heat from central campus steam with fin-tube at windows and VAV boxes with reheat coiis, etc.). (2) Indicate type of building management system to be used. (3) Demoifion. � 5. Efectrical a. Descriptions of lighting systems (e.g., parabotic floor. at 4.c. in classrooms, parabolic floor. at _ f.c. in offices, metal halide at _ f.c. in gymnasium, etc.). b. Special electric requirements (e.g., fire alarm, security to include PIR devices in corridors, CCN, card readers at aII exterior doors, inteccomlpage system, stage souRd system, etc.). Project Manual 1. OuUine specs a. Typical for site, concrete, etc. \\MPLS1Vv1PL$1_D\!HOmeICIN�Projecis\82425PL1�1PLAN.doc � 3 gS-�4�8 SCHEMATIC DESIGN (Continued) b. Infortnation for. etc.). Storefronts/Curtain Walls - same as windows. Skylights - glass or piastic. Special resiiierrt flooring (e.g., rubber, sheet vinyl, etc.). Carpet (e_g., carpet tile, glue-down, pad, etc.). Acoustical ceiling. Acoustical panels. Non-typiql speciaities. Equipment Elevators and escalators (capacity and speed). (6) �) (8) ( (10} (��) ��2) (13) (14) 2. 3. Schedules a. Architectural � (1) Brick-manufacturer. (2) Stone- type and quarry. (3) Casework - custom (PLAM or wood) or pre-manufactured (LSI, Meriilat, etc_) (4) Roofing (e_g_, _ mii EPDM, bailasted or 4-ply buiit-up, etc.). (5) Windows - manufacturer rf know, type otherwise (e.g_, wood-clad, aluminum, (1) Room finishes - Descriptions of typical finishes to use and typical ceiling heights. (2) Doors - descriptions of typicat doors {e.g., wood at classrooms and offices, hollow metal at mechanical and misc. exterior doors, etc.). (3) Specialty equipment and systems. Mechanical � (1) Major HVAC equipment listings. (2) Speciafty equipment and systems. c. Electrical (1) Light Fi�ures (2) Specialty equipment and systems.. Cut Sheets for any known special equipment DESIGN DEVELOPMENT Drewings 1. Site/Civil a. Soiis report b. Site util'�ies - located and sized. c. Site tighting d. �aadscaping. e. Grading plan. H:\CM�Projects\82425PqCMPLAN.doc 14 99-��' DESIGN DEVELOPMENT (Continued) 2. f. E�dsting survey. g_ Site Plan with paving types indiqted (e.g., Asphalt, Brick/Stone Combination �% Brick &_% Stone in _Bed, Concrete, etc.). h. Site improvements information (e.g., railings, retaining walls, etc.)_ i. Demolition. Architectural a. Fioor plans to include: (1) �2) (3) (4) (5) (6) (7) ( (9) Dimensions - Grid lines and exterior wails. Wall types and locations. Door numbers. Section (buildings 8 walls) and elevation references. Room numbers and names. Large scale drawings for "typical" rooms. Casework and equipment layouts. Roof plan showing crickets or pitch, valieys 8 ridges; skylights; roof drains; roof elevations; identify roofing and insulation to be used. Existing drawings showing demolition. b. Sections and Details (1) (2) (3) (4) (5) (6) (7) ($) Sections through each wing with floor and roof elevations included. Sections through stairs. Sections showing unusual floor changes and othe� special conditions. Section through typical exterior wali (both with and without windows). Section through atriums, galleries, etc. (multi-story spaces). Sections through typical inferior walls. Sections through speciai ceiling conditions. Sections showing roof conditions (typical and special). c. Etevations (1) Major exterior wall elevations with materials identified. (2) Typical casework elevations; special casework elevations and descriptions. (3) Special railings. 3. ►.� A fis5ng of proposed a{temates before estimate commences. Structural a. Foundation plan including columns and slab-on-grade with s¢es and reinforcing shown. b. Suppofted floor pfans with support members and decking information. c. Roof plan with support members and decking information. d. Sections/details showing typicai supported floors and roof. e. Sections/details for any special foundations requirements. H:ICM�Pmj¢cts\g242-SPqCMPLAN.tloc � �J 99-��8 DESIGN DEVELOPMENT (Continued) 5. Mechaniql a. Plumbing L7 �� (1) Floor plans showing piumbing fatures, equipment and piping ( to be sized) mains wiih typiql branch. (2) Riser diagrams. Fire Protection - drawings indicating areas, types of systems, standpipes and equipment HVAC (1) Floor plans showing locations of VAV boxes, grilles, registers, diffusers, fin-tube radiation, unit heaters, exhaust fans, NVAC equipment (2) Enlarged plans of inechanical rooms. (3) Schematics for 6uilding management system inctuding hardware points. (4) tiVAC duct s¢es (mains) with typical branch sized, 'rf applicable. (5) HVAC piping sized (main) with typicaf branch sized. (6) Special dampers shown. d. Demolition 6. Electrical a. Floor plans showing light fixtures, devices (with legend) panel boards, transfortners and speciai electrical system devices (other than fire alarm)_ b. One-Line diagram with feeder sizes (conduit and conductor). c. Main switchgear and motor conffol center sizes. Project Manual Outline specs a. Typical for site, concrete, etc. b. ModeUmanufacturer information for. (1) (2l (3) (4) (5) (6) �7) ($) (9) (10) �1�) (12) (13) (14) (15) (16) �1�) Brick. Stone_ Wood trim type (white oak, mahogany, etc.). Casework- custom (PLAM orwood) or pre-manufactured (LSI, Kewanee, etc.). Roofing. Fire shutters. Security grilles. Windows and specialty doors. Storefronts/Curtain Walis. Skylights. Special resilient flooring (e.g., rubber, sheet vinyl, stone). Carpet Acousticai ceiling. Acoustical panels. Non-typical specialfies; Operable partitions, etc. Equipment. Etevator or escalator (capacity and speed, not manufiacturer). H:�cnmv.o7��azazs��cmri.�w.ao� 16 DESIGN DEVELOPMENT (Continued) c. Mechanicai specs to include insulation requirements. 2_ Electrical specs to inciude speciatly systems. 2_ Schedules r/�- 74�8 a. Architecturai (1) ftoom finish w'sth ceiling heights and accent walts identified; also, wainscot heights. (2) Door schedules showing door and frame types and sizes, hardware sets or generai description of hardware to be used for typical doors. (3) Speciaity equipment and systems. b. Mechanical (1) . Plumbing fictures. (2) AA NVAC equipment manufacturerlmodel identified inctuding Variabte Frequency Drives. (3) Control points list (4) Fire Protection Equipment c. Electrical (1) Lightfixtures. (2) Panei boards. (3) Transformers. (5) Switchgear. {6) Specialty equipment and systems. 3. Cut Sheets a. Architectural equipment, special finishes (or allowances). b. HVAC equipment c. Plumbing fixtures. d. Light fi�ures. e. Special electrical equipment. H:\C1MPrOi¢cts\62625PL\C1�1RAN.doc 17 99-�y8 3.0 Project Directory OWNER Citv of Saint Paul Public Librarv 651/266-7000 90 West Fourth Street 651/292-6660 Fax Saint Paui, MN 55702 Carole L. Williams, Library Director Lee Williamson, Facility Manager Fran Galt, Support Services Manager 651 /266-7070 carolew @ I ibrarv.stoaul. tiB.mn. us 65 "I /266-7080 650-9940 Pager IeewCdlibrarv.stoauf.lib. mn.us 651/266-7072 franq@librarv.stpaul.lib. m n.us Mary Clare Huberty, Project Manager/Central Renovation 651/266-7023 maryclah@Iibrarv.stnaul.lib. mn. us CITY OF SA1NT PAUL Real Estate Division 651{266-9167 740 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Herb Holzschub Contract 15 W. Keffogg Bivd. 280 City HaII Courthouse St. Paui, MN 55102 Susan Feuerherm Services 651/266-8908 RiverCentre 651 /265-4801 175 W. Kellogg Bivd. 651/265-4899 Fax Saint Paul, MN 55102 ' Jim O'Leary H:\CM\Pmjec(s\8242-SPUCMPL4N.tloc � 8 9 -75�8 2850 Metro Drive, Suite 329 Bloomington, MN 55425 Paul Oberhaus, Vice President Larry Gieason, Vice President Susan Campbell Jones, Senior Project Manager 612/8543663 612/8542847 Fax poberhausC�comi.com Iqleason(acomi.com siones(�comi.com DESIGN TEAM Mever. Scherer & Rockcastle 119 North Second Street 612/342-2216 Fax Minneapolis, MN 55401 Jeff Scherer Christopher Schmitt D. Jack Poling Traci Engle Lesneski 612/375-0336 612/375-8707 612/359-3236 67 2/359-3238 7KDA 612/292-4400 1500 Piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55101-2140 James E. Budke, PE HAZARDOUS MATERIAL CONSULTANTS 612/292-0083 Fax BRAUN INTERTEC 612/941-5600 6875 Washington Aven�e South 612//942-4844 Fax P.O. Box 39108 Minneapolis, MN 55439-0108 Gregg Kruse cc: Team Members Larry Gleason, CPMI Paul Oberhaus, CPMI Susan Jones, CPMI CPMI - DSM File: 8242-241 H:\CM�Prqec[s\8242-SPUCMPLAN.doc � 9 • � E%HIBIT B � 99 7�$ ; ACORD - � . pr ; 7 � . �� +t . ....__ _ _ �;��E��_-��E�E�a'� : oahro�Mmom� ., - ::.> -..... , _ - _ -.--- 5f'f3l99 . . _ _ ... _::s.. �� ,..... -. __" '_'_ _.: ..:^ °RpDp 800-441-7344 THIS CERTIFlCATE IS ISSU� AS A MATTER OF 1NFpRry�q Kirke-Van Orsdel, IncOrporated a�Y � CONFERS NO RIGHTS UPON THE CER71FiCq7E HOLDER_ THIS CERTIFlCATE DOES NOT AMEND, EXTEND OR P.O. BoX 70395 ALTER THE COVERAGE AFFORDm BY THE POLIqES BELOW. Des Moines, lowa 50306-0395 COMPANtES AFfaRDtNG CoVERqGE - 5'15-243-1830 COMPqNY - � p Employers Mvniai ComP�Y � . COMPANY CPMI, Inc. B CPMI Construction, Inc. � 100 East Grand, Suite 280 � Des Moines IA 50309 COMPANY D �Y�G� ..., .-,.� ., >,_..:. _.. - ..u._ ... _.-;�... , ..._-;�._.. _. - ..__.w ..,._H,<�_- _ __,...,,.,Nr -_ .,..�:,w - --...� _ ...w... - --' THIS IS TO CERIiF1' THpT THE POLIqES OF INSURANCE LIST� BaOW HAVE BEHJ ISSUm TO 7HE INSUR� NAM� ABOVE FOR THE POLICY PERIOD PlDICATED, NOTWfTHSYANpMG ANY REQUIREMINf, TERM OR CONDfiION OF ANY COMRACT OR O7HFR DOCUMEM WffH RESPECT TO WHICH THIS CEfiTO-ICATE MAY BE 15SUm OR MAY PERiA1N, THE INSURANCE AFFORD� BY THE POLIC�ES DESGPoe� HER�N IS SUBJECi TO ALL THE TERMS, EYCLL'SIONS AND CON�ffIONS OF SUCH PoLIqES. LIMITS SHOWN MAY HAVE BEH�! REDUC� BY PAID CLAIMS. co nve oF rt+sunaxce roucr xumea' roucr ax�cnvE wucr ocvmwlwn LTR OATEP�IDDIYI•) UATEIMMIODIY'n IJMRS A�� SD4447500 ' 4/O7l99 4!0'I/00 ��A�� 5 1000000 X COMMFACW. f�V�q� �IpgILRY PfiODVGTS - COMP(OP AGG 5 'IOOOOOO CIAIMSMADE � OCCUR PERSONAL&ADV INJURY 5 SOOOOO OWNERS & CONTRACYOR'S RIQT FACH OCCUfiFiENCE 5 $00000 X FellowEmpl FIPEDAMAGEfMymiefre) 5 �00000 X PerLocPro' ' Mm IXP (Any o� persa�� s 5000 A ^ �OMO��TY 8E4447500 4/O7l99 4/07/00 X�, q � Q comew� swoE umrr 5 500000 X AILOWNmAUT05 BODILY QJJVRY s X SCHmU{ID q1JTOS (Pa Dasonl X HIRm AIiTp$ " BODILYIWURY 5 X NON-O`MJm AUTOS IPa acadenU PpOPHlIY UAMAGE 5 �� AUTOONLY-EAACCIUENT 5 ANY AUTO OTMER THqry AUTO ONI.Y: EACH ACCmQJr 5 AGGREGA7E 5 A occESSUnsiurr 8J4q47500 4lQ1l99 4/Otl00 enncxoccua�cE 5 5600004 X �B�^ FO� n��.rE 5 SOOOOOO ' QTHE4l!_1k l!ABREiU' F9RM ' . § WCSTATU- OTN-? ...� . woweees comveuswnox axu 8H4447500 4/01l99 4/07/00 . � � � .. ,._ :...: � .::.:.::.. . ...:.:.. e�nmess' iwenJrr aEnncHaccioear s 5�0000 m�rnoeniErow X iNC� ao�sEase-roucvuan�r s 500000 PARTN6i5lE(EGUi1VE °�'� ^� «a a o�e - Fn emei.ov� s 500000 oniae oESCx�r�ox oF areuTronsn.ocanoxsrvenc�srsrECw. rrexs C�iF[t:1�k"�71Fi.�.E� ' -- =- _ . ._. .._ . _ ._ . -- _ ---_ _ - -. - .._ _ _. , __,_., _u,.. ..,. , ---..._..... -... .. .. - � - _ .: ,. �3�i'fl�.. .h -�._.., .._._..�s _ _._. SHOUID ANT Of iF� ABOVE DESCf�� POUGffS 6E GANCHl� BffORE THE -•: St. Paul Public Librasy �� uar� Txe�wF, TME aruw� COdIPANY WLLI, gypEqYpR TO maa %Lee Williamson 3o uwrs wnrrra' xonce ro'rxe cenuicah xotnEn rinmm ro niE �r, 90 West 4th Street BUT FALLUItE TO MALL SUCH NQIICE SIWLL pNpOSE N�pgU�qnCN OR IIABpfiY St. Paul, MN 55102 oF ANY KWD u - c P , RS . OR �rnESevrarrvES. . wrxo� n�xESavr ' . _ .'. .. : .. � �.. � _:.� �� :: i .: c� .::� � , a .e . . j _ � : �y :.; ( : y :. ...::.::::::.:vc::�:.::_:a..:::....:.:::.:... -:_:...::::.::::._.::::::.,.::_-:-.:::::..::....::::::::,::::.:.-:::.... .,..,.:.:..:.„.::.::...,::....:-.-:.:.: �:::...:;/...-.:,-:.::<:....�.�.,:f-��`� �'""."'" ��YFiM._'�..w'A S'IIF�PJj': �. - ' ' 4 _ _ _ . � h y � ; � ..�. .. .: . __ .. _ _ _':i .� �� :::� - . � ....V. _ �. _ _..i ......_ w. _ {�'��RV �Tt�i�t'��. 99-7�8 E��.�IT C 1999 SCHEDITLE OF FEES CLASSIFICAT'ION Principal Senior Project Manager III Senior Ptoject Manager II Senior Project Manager I . Project Manager III Project Manager II Project Manager I Assistaut Project Manager II Assistaut Project Manager I Chief CosUScheduling Engineer Senior Cost Engineer CosdScheduling Engineer III CosUScheduling Engineer II CosdScheduling Engineer I Cost/Scheduling Technician Senior Planner PlannerlII Planner II PlannerI Clerical HOURI.Y RATES $ 95.00 85.00 74.�Q 68.00 74.00 68.00 63.00 53.00 47.00 90.00 74.00 58.00 53.00 47.00 42.00 68.00 63.00 53.00 42.00 32A0 G:\!HomelMarket\Proposals�Boiler�ees99.doc Revised II March, 1999 . _: - �iBZ� B 94-75� 6_4 Insurance Requirements The successfui proposer will be required to carry insurance of the kind and in the amounts shown below for the life of the confract 6.4_1 Commercial General Liabilitv Insurance $1,000,000 each occurrence $2,000,000 general aggregate $2,000,000 products/compieied operations total limit $'I,000,000 personal injury & advertising liability Polices are to be written as acceptable to the Owne�'s Risk Manager_ Cefificate of insurance must be issued on a claims-made basis. Coverage shall include contractual liabiliiy coverage either on a blanket or specfic basis to cover this Agreement. The City of Saint Paul, its officials and emploqees, and the Construction Manager shall be listed as additional insureds; a cross suits endorsement shall be provided to the benefit of the Owner, Coverage sfiall provide for defetion of the CCC exciusion or broad form property damage. v 6_4.a Automobile Insurance: Coverage shal( be provided for hired, non-owned and owned A. Bodily Injury B. Property Damage $750,000 each occurrent; $1,000,000 aggregate Not less than $50,000 per accident 6.4.3 Standard Workers Com�ensafion: per Minnesota Statute Emoloyer's Liability shall be: $500,000/$500,000/$500,000 Other States Coverage 6.4.5 Professional Liability Insurance: Liability Insurance shall have a minimum limit of $1,000,000 per claim. Aggregate limited $2,000,000. Polices are to be written as acceptable to the Owner's Risk Manager. Certificate of insurance must be issued on a claims-made basis. Coverage shall incfude professional liability coverage either on a blanket or specfic basis to cover this Agreement The City of Saint Paul, its officiais and employees, and the Construction Manager shall be listed as addfional insureds; a cross suits endorsement shall be provided to the benefit of the Owner, Coverage shalf provide fior deletion ofi the CCC exclusion or broad fiorm property damage. Page I _ _.: - -- �.��:��.� fi_4.6 License as reauired 99-�'�� 6.4.7 All Certificates of Insurance shali provide that fhe insurance company give the City thirty (30) days prior writEen nofice of qncellation, non-renewal anc}/or any maferial changes in the policy. 6_4.8 The above paragraphs establish minimum insurance requirements, and it is the sole responsibiliiy of the Architect to purchase and maintain additional Insurance that may be necessary in connection with this agreement 6.4.9 The Architect shall not commence work until the Architect has obtained the required insurance and filed an acxeptable Certficate of Insurance with the Owner. Copies of polices shall e submitted to the Owner upon request. 6.4.10 Nothing in this specification shall constitute a waiver by Owner of any statutory limits or exceptions on liability, defenses, or immunities. 6.4.11 Certficates shall specificatly indicate if the policy is written with an admitted or non-admifted carrier. BesYs Rating for the insurer shall be noted on the Certificate, and shall not be less than an A+. 6.4.12 On the Certificate the agent shall certify that the agency prries Error and Omissions coverage. Page 2 EXHI�IT C Qg-+�� DEPART`4EMTOF FiU�t:\\ RIGHTS 1N. H. Tyrone TeiTill, Direcror SwINT PAUL � AAAA CITY OF SAINT PAUL iVonn Calentm:, hfaror TDD: 6�1-266-897i AFFIRitiIATIV� ACTION/EQUAL E�IPLOI'b1ENT OPPORTUNITI' REQUI1tEMENTS NON-CONSTRUCTION COVTRACTS Section 183.04 of the Saint Paul Legisiative Code (Human Ri�hts Ordinance) and [he Rules Govemin� Affirniative Requiraments in Employmen[ set forth the Affirmative Action Requirements which aze to be incorporated into and made a part of every contract entered into by the Ciry of Sainc Paul. These documents are availabfe at the Departmznt of Human Rights, 900 Ciry Hall, Saint Paul, Minnesota »10?-1681,(612) 266-8966. The Saint Paui Department of Human Rights is responsible for monitorin� the Contract Compliance Proaram to determine whether or not persons or firms doin� business with the City are complyin� with Section 183.04 of the Human Rights Ordinance and [he Rules. As stated in Section 183.04, the contractor will not discriminate against any employee or applicant for employment because of race, creed, reli�ion, sex, sexual or affectional orientation, color, national ori�in, ancestry, familial status, age, disability, marital status or status with regard to public assistance. E�IPLOYERS �VHO CO�'TRACT �VITH THE CITY OF SAINT PAUL bTUST DO MORE THAN b�IERELY AVOID DISCRIVIINATORY PRACTICES. THEY bNST ADOPT AND II�IPLEI�\'T AFFIRiYIATIVE ACTION PROGRAMS TO E�LOY NII\ORITY, FEMALE AND DISABLED PERSO�TS. The contractor must a�so include the Affirmative Action provisions of the Human Riahts Ordinance and the Rules in every subconkract, purchase order or a�reement with any subcontractor (includin� material suppliers and subcontrac[ors who enter into a contract with another subcontrac[or or material supplier), cvith stipulations that the subcontractor is bound by the terms thereof. A CO\"TRACTOI2'S AFFIRNIATIVE ACTION IN THE EYII'LOYMENT OF NIINORITY, FEMALE AND DISABLED PERSONS �VILL BE TAI�N INTO CONSIDERATION IN THE A`VARDING OP A CONTRACT. It is the contractor's responsibility to become familiar and comply tivith the City's requirements and to ensure that their subcontractors comply with them. Technical assistance will be provided by the Human Ri�hts Department staff upon request. The follo�vin� documentation must be submitted to the Department of Human Ri�hts for approval before a contract will be a�varded: AFFIRI4ATIVE ACTION PROGRANI Every contractor or subcontractor whose total accumulated con[ract or subcontract awards from the Ciry of Saint Paui over the precedin; twelve months has exceedzd �50,000 shall develop and implement an effective Affirmative Action Pro�ram in cvriting substanfially similar to the Department's Model Affirmative Action Pro�ram for Non-Construction Contractors, which shall include hirino goals for the employment of minorities, females and disabled persons in the contractor's work force. Once the AFfirmative Action Program is approved by the Department of Human Riahts 900 Cin• Hull 15 lI' LCelloa; Bo�dei•m Saint Paul, d'IV i�10_'-1681 Zelephone: 651-1 GG-89G6 Facsimile: 651-266-8962 An ACirma[i�e Ac[ion, Equat Opportuni(}� Empluya Page I • • ' ` - Aftirmative Action Requirements 9'9 Page 2 tile contractorwil! be notified of their compliance status. Compliance with Section 183.04 is valid for two (2) years. At the end of the two-year period the AAP must be reviewed and updated. The Model A�rmatiie Action Program is available from the Department of Human Rights. A l�Iodel Nlodified A�rmati�e Action Proaram is a��ailable for contractors ticith ricents• (20) or fewer emplo}ees. Cpntact the Department of Human Riahts for more infarmation. EQUAL E11�IPLOYII�IENT' OPPORTUNITI' POSTERS must be posted in the offices of the con[ractor. The Human Riehts Department staff will monitor the contractor's a�rmative action efforts and resulu. On-Site Compliance Reviews will be conducted on the work force of companies that enter into contractual agreemen[s with the City of Saint Paul. The purpose of the revietiv is to det�rmine the contractors' compiiance with the rules, re�ulations and orders of Section 183.0-1 of the Human Ri;hts Ordinance. On-site reviews include reviewin� the implementation of the contractor's Affirmative Ac[ion Pro�ram, personnel policizs and procedures. Contractors may be required to provide additional documentation in order to deteanine whether or not they are makin� measurable improvements in the hiring of minoriry, female and disabled persons, includin„ but not limited to the follo�vin�: 1. Good Faith Efforts Questionnaire 2. Applicant Flow Data 3. Employee Turnover Data 4. Documentation Supportin� Dissemina[ion and Implementation of EEO/AA Policies. 5. Documentation Suppor[in� Recruitmen[ Efforts. Failure to comply with any of the requirements set forth above is sufficient �rounds for discipiinary or remedial actions provided for under Article IV of the Rules, nameiy: 1. Termination of ihe contract; 2. Suspension of the contract undl corrective steps are taken; 3. Continuation of the contract subject to the imposition of conditioas to correct the noncompliance; 4. Declaration that the contractor shall be ineli�ibie to bid on fumre contracu either pecmanentiy or for a stated time; or � A combination of the above. It is imperative tha[ Vendors who are being considered for contracts of 550,000 or more contact the Human Rights Department's Compiiance Division to obtain copies of the requirzments and documen[s in order to expedite the Affirmative Action reviewin� process. If you have anp questions, please contact Bonnie Jellinek, Linda St. Ores, Cazoljean Coventree, or Daniel Klinz at (651) 266-8966. 8!7l97 An Aflirmati.e.4e[ion. Equsl Opportunity Empioytr 99 MEYER, SCE�.RER & ROGKCASTT.E, LTD. Hourly Billing Schedule Effective 1 January 1999 - 31 December 1999 HOURLY BILLING CATEGORY RATE Principal Architect Supervisory Architect Registered Architect Intern Architect Model Builders/Drafters Head Interior Designer Interior Designer CADD Manager Administration $150.00 $ 80.00 - $100.00 $ 53.50 - $76.50 $ 37.50 - $85.00 $ 28.50 - $35.00 $ 100.00 $ 37.50 - $65.00 $ 60.00 - $72.50 $ 37.50 - $55.00 There will be an increase in rates of approximately 5% each year. EXHIBIT E Cify of Saiat Panl Wam.tntp Lan for the Year 2000 - Issaed: Angust 1993 Pem� 2000 compliance means that infoanation resoisces and_applicable systems meet the foIIowing criteria andlor perfo� as describerL 9'9-7�P 1_ Data strucriues ( database, data files, etc.) provide 4-digit date centtuy recognitio� Example: `1996' provides "date century recogmtion," `96 does not 2. Stored data coniains date century recognition, including (but not limited ta) data stored in databases aad hardware/device internal sys[em dates. 3. Catculations and progrdm logic accommodate both same century and mu(ti-cenhny fo�ulas and data values_ CaIculations and logic include (but are not limited to) sort aigorithms, calendar generations, event recognition, and aii processing actions that use or produce data values. 4. Intezfaces to an from other systems or organizations) prevent non-compliant dates and data from entering or exiting any City sgstem 5_ User interfaces -('ie_ screens, reports, etc.) Accucateiy show 4-digit years ( if criticai to the business fimction)_ 6_ Year Z000 is conectly treated as a leap year witlun all calculations and calendar logic. Year 2000 Com�liaace (Please fiII in blmeks with veruior mm�e and appropriate sigr:atw�es.) wurants thai the hardwaze and softwaze offered in response� to this RFP/bid specificxtion developed or modified by said company and used befote, dising; and after the timm of the centisy shall not experience abnormat ending andior produce invalid or incosect 2eSllLTS ]Il tile opCI3lton OZ Clle bUSID.eSS oY Tt.11Ce l.it}� OI J31IIL r8ll1. AIl date fields shall include the correct century date field which recognizes the date with the correct century, calculate same centtuy, and muiti-century formuIas and data values and interface values regarding the centiuy. wi11 thoroughly test the capacity to maaage multi-century dates priar to the use of the year 2000 date and warrants that atl code adjustments required will be completed in a timely manner and not at a cast to the City of Saint Paul_ This wazranty shall be in effect until December 31, 2000 or one year after system production, whichever is latez. Page 1 EXHIBIT F 9q-7�� yTuc. Standard Form of Agreeme t for Interior Design Services AIA Document B171 - Electronic Format THIS DOCUMEN'1' HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITIT AN ATIORNEY IS ENCOIJRAGED WI'IH RESPECT TO TTS COMPLE'iTON OR MODIF•TCATTON. AITTf�IENTiCATION OF "1'HIS ELEGIROHICALLY DR9FIED AIA DOCUMENT MAy gE MADE BY USING AiA DOCUMENI' D401. Portions of this document are demed from AIA Document B141, Standard Folm of Agreement Bemeeu Owner and Architect, copyright 1919, 1926, 1948, 1951, 1453, 1458, 1961, 1966, 1967, 1970, 1974, 1477, 1987 by The American Lutitute of Aschitects, and ASA Document B707, St�dazd Fotm of A�eement £or Interior Design Services, copyright 1972 by The American Institute of Arcltitects. MaTerial in AIA Document B171 differing from tLat fomd in AiA Documents B141 and B707 is copyrighted 19"/7, 1979, 1990 by The American Instimte of Acclutecis and 1Le American Society of Iaterior Designen. Reproduction of the mazeria( herein or substantial quota6on of its provisions without written pem�ission of AIA and ASID violates the copyright laws of the United Sta[es and will be su6ject to legaL prosecution. AGREEMENT made as of the 7day of Jwte in the yeaz of 1949. (Lz words, indicate dc9; month and year) Sevenfti_day of:Taue-A7iueteeaffimdiedaudNmety=lYiue BETWEEN the Owner: (Name and address) Sf. PauT-R�lic F.ilirary Ggntial' L` itiraty 90 Wes�Faurth.S�eet St. PauLdvlN: 5S l02 and the Architect: (Name and address) Meyer, _Scfieier &Rockcastle, Lftl': IY9 North'aSecond�Sh MianeapoIis 1VIN 554Qi For the following Project: (Include detailed descriplion ofProject, location, address anJscope.) Inteiior Desi�_Sarvices The Owner and the Architect agree as set forth below. A[A DQCUNIENT B171 - INTERIOR DESIGN SERVICES AGREEMENT - 149� EDTTION - AIA - COPYRIGHT 1990 - THE AMERICAN INSITLCITE QF ARCIIITECTS, 1735 NEW YORK AVINUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 -'TfIE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSEiTS AVEN[TE N.E., WASFIINGTON, D.C., 20002.Unlicensed photocopying violates U.S. copydght laws and is subject to legal prosecution. Tltis document was elechonically produced with pemiission of the AiA and can be reproduced without violation until the daTe of eacpiration u noted below. ElectronicFormat B171-1990' User pocument: 9934A1A6171.DOC — 6Rl1999. AlA License Number 1 ��381, which expires ort 3/6l2�0o — Page #1 99-�� STANDARD FORM OF AGREEMENT FOR INTERIOR DESIGN SERVICES ARTICLE 1 ARCHITECTS RESPONSIBILITIES 2.2.3 �e "__�� -assisE �e �SVaeF -ia -che ..,i..,.+ F � si... \il,..]F...�.i l. 1 Y �Y� � . 1.1 ARCHITECTS SERVICES 7.1.1 The Architects services consist of those services performed by the Arclutect, ArchitecYs employees and Arclutect's consultants as emmmeraTed in Articies 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Arciutect's services shall be performed as expediriously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a scheduie for the performance of the Arclutecfs services wluch may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approvals of submissions by authorities having jurisdiction over ffie Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement aze subject to the time limitafions contained in Subpaza�aph 11.7. ARTICLE 2 SCOPE OF ARCHITECTS BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 22 through 2.7 and any other services identified in Article 12 as part of Basic Services. 2.2 PROGRAMMING PHASE 2.2.1 ga�es �es�ate� �a �s �eea�eaE �e �sse�t�e -t�e a�gkeable �ec�ui�effiea4s s€�ke �ejes� aa� �-revier� -E�e a - 2.2.2 �ke �rslxtesE � -�esus�eaE �§e �ggke�le �ea�eats �esess�3` -€eF �he -vaaeas �ejes�-€crostiexs � � � �� eEe&�res -ses�` �ter� � ce�safieas 2.2.4 �e -�e}�Yee� �ka}} -aaa}yse .�e �y �€ .� }t.. : ..! C.�� 1..� R1..�1. T...`:,�..a i.L 1 aa�-Fe�e�ea#s � �ke-�ieas s€�§e-� -eF w..:ia:........,:«�.:.....�.:_U a.e n....:.....:.. «.. �. , .,.,t n , 2 .2.$ o,,..va ,... .. _�.,:,._......a .. ..i_ ..:.. r a i a �� E§e�fejee��lze�skites��kal��a�i�e-ait�iYtee-gFe�aer-e€ 2.3 SCHEMATIC DESIGN PHASE 2.3.1 �,� sa �e -aAgaeve� �� -gre� -s�e t1�sl�esF-ska}}$regaFe-feF-tke-9wseFSze��av�-g�e�ac� �s � �he aeaeF� �asbieaa� �ela�easlx�s � 2.3.2 �ke �askitesE -ska}} �o�^,P;' �ii§ �ke � a#e�aaHve -agg�easkes -Fe � -aa� � �xf -t§e .s '� - ' - . 2.3.3 Based on the approved relarionship diagrams, the Arclutect shall prepaze space allocation and utilizarion plans indicating partirion and furnishings locations and preliminary fiunitiue and equipment layouts. 2.3.4 The Architect shall prepaze studies to establish the design concept of the Project, indicating the types and quality of finishes and materials and fumiiure, fiarnishings and equipment. 2.3.5 The Architect shall submit to the Owner a preliminary estimate of the Cost of the Work, based on the recommended design concept and on current costs for projects of similar scope and quality. 2.4 DESIGN DEVELOPMENT PHASE 2.4.7 �ase�-ea�e-aggFeve��skeffiatis�esi�-aa�-ax� a�just+�ea�s � -�3� �e -9wsef -i� -�ke -gFe�; sske�x�e��iejeet�ge�-t#e �skites�-ska�-gFe�e a�grev��Y�he�aeF �esi��e�eleg�eaE�a�gs-a� � 2.4.2 The Architect shall prepaze sask data and illu for furnih fumi and equipment as may AIA DOCUMEN'I' B171 - INTERIOR DESIGN SERVICES AGREEMENT - 1990 EDTTION - AIA - COPYRIGHT 1990 - THE AMERICAN INST11'U'I'E OF ARCIIITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF 1N1'ERIOR DESIGNERS, 608 MASSACHUSETTS AVEN[JE N.E., WASHINGTON, D.C., 20002.Unlicensed phoWCOpying violates U.S. copyright laws and is subjec[ tn leaal prosecution. Tnis document was electronicatly produced with pemiissiou of the AIA and can be reproduced withou[ violation un51 tLe date of expiration as noted below. Electronic Format B171-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #Z 9'y-7 y4� be appropriate for the Project, including specially designed items or elements, to indicate finished appearance and functionaloperarion. 2.4.3 The Architect shall recommend colors, materiaLs and 5nishes not otherwise specified for the ProjecK. 2.4.4 The Architect shall prepaze such other Design Development data, illustrations and documents as may be appropriate for the Project, as descnbed in Article 12. 2.4.5 The Architect shall advise the Owner of any adjustments to the preliminary estimate of the Cost of the Work, based on anticipated imit costs and prices. 2.5 CONTRACT DOCUMENTS PHASE 2.5.1 �ase� sa �he -aggreve� -Besig�t �evele�ea� �ee�ea�s -aa� -aa�} -f�xeF -a�ea�s -ia -Ehe �sege � gua�} -e€ -�e -grejes� -eF -�a -tke °"-� � -Ehe �"�_,. at�er�ze� b3� �§e -9wne� -the �skitest ska� -gFega�� apgFev�}�3`-tke-9w�ef T`-..��,��.�_a� dee�ea�s �et�iag -€er� -�s �� §e -re�ire�estc � �ke �eae��exstr�s�iea$esessa�-feF-the-Pfejes�-�ke Ti� te -be � �} �e � � -t�eF -eae � -t�3ere 6eatrasts -�iefweeu �ke -9waeF -aa� �e�aste� � se�sciea- 2.5.6 The Architect, following the Owner's approvai of the Drawings and Specifications and of the latest preliminary estimate of the Cost of the Work, shall (1) assist the Owner in obtaiaing bids or negotiated proposals and (2) assist in awazdina and prepazing wntracts for �atefieF-ee�skiea and for fumiture, fiunishings �d equipment Bidd"mg and negotiatmg activities shall be coordinated by the Architect 2.6 CONTRACTADMINISTRATION PHASE 2.6.1 The ArchitecYs responsibility to provide Basic Services for the Conhact Adminishation Phase under this A�eement commences with the awazd of one or more Contracts or the issuance of one or more purchase orders and terminates at the eazlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substanfial Complefion of the Work. 2.6.2 F3alesss�ker�ise-�evi�-ia-�s�ees�ea�-�ke �es4 ska� �reviFle �ea �€�ke -sea�ae,ts -€eF se�stiea,as � -fe�x -ia -Eke -eEli�iea -e€�It� �est�ea� �-6eaer�-Gea�Heas-e€�e�as�� sxaeatas�€�§e�ate�€-this�eetaeat; the Arclutect shall provide administrarion of the contracts for fiunihue, fumishings and equipment only as set forth below and in the edition of AIA Document A271, General Conditions of the ConUact for Furniture, Fumishings and Equipment, current as of the date of this Agreement. 2.5.2 Based on the approved Design Development Documenu and any fiuther adjustments in the scope or quality of the Project or in the Project budget authorized by the Owner, the Architect shall prepaze, for approval by the Owner, Drawings, Specifications and other documents setting forth in detail the requuements for the fabrication, procurement, shipment, delivery and installarion of furniture, fiunishings and equipment for the Project. Such Work is intended to be performed under one or more Contracts or Purchase Orders beriveen the Owner and Contractor. 2.5.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of the Cost of the Work indicated by changes in requirements or general mazket conditions. 2.5.4 The Architect shall assist the Owner in the preparation of the necessary bidding and procurement informarion. 2.5.5 �he-tl�skitesf-s1��ssisE�he�-i$�eauesEiea for the approval of govemmental authorities havmg jurisdiction over the Project. 2.6.3 Duties, responsibilities and limitarions of authority of the Architect shall not be restricted, modified or eactended without written ageement of the Owner and Architect with consent of the Contractors, which consent shall not be unreasonably withheld. 2.6.4 The Arclutect shali be a representative of and shall advise and consult with the Owner (1) during the Contract Administration Phase until final payment to the Conhactors is due, and (2) as an Additional Service, at the Owner's direction, from time to time until expiration of any applicable correction periods. The Architect sha11 have authority to act on behalf of the Owner onty to the extent provided in tivs Agreement unless otherwise modified by written instrument. 2.6.5 The Arclutect shall assist the Owner in coordinating schedules for delivery and installation of the Work, but shall not be responsible for malfeasance, neglect or failure of a Contractor, Subcontractor, Sub-subcontractor or material supplier to meet their schedules for completion or to perForm their respective duties and responsibilities. 2.6.6 The Arclutect shall visit the Project premises as deemed necessary by the Architect, or as otherwise agreed by AIA DOCUMENC B171 - IN1'ERIOR DESIUN SERVICES AGRF.EMEN'1' - 1990 EDIITON - ASA - COPYRIGHT 1990 - THE AMERICAN INS"11'1'U"1'E OF ARCHITECTS, 1735 NEW YORK AVEN[JE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIEIY OF INTERIOR DESI(iNERS, 608 MASSACHUSETTS AVENIIE N.E., WASHINGTON, D.C., 20002.UNicensed photowpying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with pexmission of the AiA and can be reproduced without violation until the date of expirn6on as noted below. Electronic Format BI71-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #3 the Owner and Arciutect in writing to become generally familiaz with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicatmg that the Work when completed will be in acwrdance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous inspections at the Project premises to check the quality or quanrity of the Work. On the basis of such observaTions as an azchitect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects �d deficiencies in the Work. (More extensive representation on the Project premises may be agreecl to as cm Additional Service, as described in Pcmagraph 3.2.) 2.6.7 The Architect shall not have control over or chazge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, fabricarion, procurement, shipment, delivery or installarion, or for safety precautions and programs in connection with the Work, since these aze solely the Contractors' responsibility under their respecrive Contracu. The Architect shall not be responsible for the Contractots' schedules or failure to carry out the Work in accordance with the Conuact Documents. The Architect shall not have control over or charge of acts or omissions of Contractors, Subconiractors, or theu agents or employees, or of any other persons performing portions of the Work. 2.6.8 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.9 Except as may otherwise be provided in the Contract Documents or when direct communications have been specialiy authorized, the Owner and Contractors shall communicate through the Architect. Communications by and with the Architect's consultants shall be tluough the Arclutect. 2.6.10 Based on the Architect's observations and evaluarions of the Contractors' Applications for Payment, the Architect shall review and certify the amounts due the Conh�actors. 2.6.11 The ArchitecYs certifica6on for payment shall consritute a representation to the Owner, based on the ArchitecYs observations at the Project premises as provided in Subparagaph 2.6.6 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 Imowledge, informarion and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for con£ormance with the Contract Documents upon 99-7y� Substantial Completion, to results of subsequent tests and inspecrions, to minor deviations from the Contract Documents correctable prior to Snal complerion and m specific qualificaYions expressed by the Arclutect. The issuance of a Certificate for Payment shall further constitute a representation thaT the Contractor is entitled to payment in the amount certified However, the issuance of a Certificate for Payment shall not be a representation that the Work is without latent defects, or that the Architect has (1) made e�austive or continuous inspections at the Project premises to check the quality or quantity of the Work, (2) reviewed the means, methods, techniques, sequences or procedures of conshuction, fabrication, procurement, shipment, delivery or installation, (3) reviewed copies of requisitions received from Subcontracto� and other data requested by the Owner to substanriate the Contractots right to payment or (4) ascertained how and for what purpose the Contractor has used money previously paid on account of the Conh�act Sum. 2.6.12 Uniess otherwise provided, the ArchitecPs duries shall not e�end to the receipt, inspection and acceptance on behalf of the Owner of fiuniture, furnishings and equipment az the time of theu delivery to the premises and installarion. The Architect is not authorized to reject nonconforming Work, sign Change Orders on behalf of the Owner, stop the Work or terminate a Contract on behalf of the Owner. 2.6.13 The Architect sha11 interpret and decide matters concerning performance of the Owner and Contractors under the requirements of the Contract Documents on written request of either the Owner or a Contractor. The ArclutecYs response to such requests shall be made with reasonable promptness and within any time limiu agreed upon. 2.6.14 The Arclutect shail render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Conh'actor relating to the execution or progress of the Work as provided in ffie Conhzct Documents. 2.6.15 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonabiy inferable &om the Contract Documents and shall be in writing or in ffie form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Coniractors, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.16 The Architect's decisions on matters relating to aesthetic effect sha31 be final if consistent with the intent expressed in the Contract Documents. AIA DOCUMENT B171 - INTERIOR DESIGN SERVICES AGREEME�Pf - 1990 EDTITON - AIA - COPYRIGHT 1990 -'I'fIE AMERICAN INST1T'i7TE OF ARCIIII'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF IN"I'ERIOR DESIGIVERS, 608 MASSACHUSETTS AVENOE N.E., WASHIlVGTON, D.C., 20002.Unlicensed phoWCOpying viotffies U.S. wpyright laws and is subject to legal proseculion. This document was elechooically produced with pemvssion of the AIA and can be reproduced withou[ violation un61 the daze of expiration as noted below. Elec�onicFormat B171-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #4 9y 2.6.17 The ArchitecYs decisions on claims, disputes or other matters, including those in quesrion beriveen the Owner and Contractois, except for those relaring to aesthetic effect as provided in Subparagraph 2.6.16, shall be subject to arbitrarion as provided in this Ageement and in the Conuact Documents. 2.6.18 The Architect shall review final placement and inspect for dama�e, quality, assembly and function in order to determine that fumitise, fumishings and equipment aze in accordance with the requirements of the Con�act Documents. may authorize minor changes in the Work not invoiving an adjus�ent in the Contract Sum or an ea�tension of the Contract Time which aze not inconsistent with the intent of the Contract Documents. 2.6.22 #�e�ates�r�tes��e�e�iea-aad�§e�ates€ �....1 .. .....l..ti.... ..L...II « .....:.... .....i f .....�...i a.. �1.,. (1.......� C deeua�ea�s � � -�e �� ee�eaES -aa� assea�ik� k� �he � -aa� s�a� -issae �aa� �e�sates � �ea� -ugea fe�rkaase � �he 2.6.19 The Architect shall recommend to the Owner rejecrion of Work wluch does not conform to the Coniract Documents. VJhenever the Architect considers it necessary or advisable for implementarion of the intent of the ConYract Documents, the Arclutect will have authority to require addirional inspecrion or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.6.20 The Architect shall review and approve or take other appropriate action upon Coniractors' 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 e�cpressed in the Contract Documents. The Architect's action shall be taken with such reasonable prompmess as to cause no delay in the Work or in the activities of the Owner or of separate contractors, whIle allowing sufficient time in ffie 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 quanrities or for substanriating instruc6ons for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Conh�acmr to the extent required by the Contract Documents. The ArclutecPs review shall not indicate approval of safety precauuons or, unless otheiwise specifically stated by the Architect, of the means, methods, techniques, sequences or procedures of conshuction, fabrica$on, transportarion or installation. The Architect's approval of a specific item shall not constitute approval of an assembly of which the item is a component, and the Architect's approval of a Sample or Samples shall not consritute approval of that item as delivered and installed if not in conforruance with such approved Sample. 2.6.27 The Arclutect shall prepaze Change Orders and Change D'uectives, with supporting documentarion and data if deemed necessary by the Architect as provided in Subpazagraphs 3.1.1 and 3.43, for the Owner's approval and execurion in accordance with the Contract Documents, and -° ---- • -- -••_ •- ---• 2.7 SERVICES RELATED TO SEPARATE CONSULTANTS 2.7.1 The Architect shali provide information to and incorporate information received in a timely manner from those separate consultants retained by the Owner and identified in Article 12 whose activiries directly relate to the Project. ARTICLE 3 ADDITIONAL SERVICES 3.7 GENERAL 3.1.1 The services described in Uus Article 3 aze not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 32 and 3.5 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Addirional Services in Paragtaph 3.4 aze required due to circumstances beyond the ArchitecYs control, the Architect sha11 notify the Owner prior to commencing such services. If the Owner deems that such services described under Pazagraph 3.4 aze not required, the Owner sha11 give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services aze not required, the Architect shall have no obligarion to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more eactensive representation at the Project premises than is described in Subparagraph 2.6.6 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such responsibiliries at the Project premises. AIA DOCUMENT B171 - IlVTERIOR DESIGN SERVICES AGREEMEN'I - 1990 EDTITON - AIA - COPYRIGHT 1990 - TfIE AMERICAN INS"t'1"1'0"i'E OF ARCHI1'ECTS, 1735 NEW YORK AVE1ViJE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF INIERIOR DESIGIVERS, 608 MASSACHUSETTS AVENUE N.E., WASHINGTON, D.C., 20002.Unticensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with pexmission of the AIA and can be reproduced without violation uMil the date of expita[ion as noted below. Electronic Format B171-1990 User pocument: 9934AIA6171.DOC — 617/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #5 99-��P 3.2.2 Project Representarives shall be selected, employed and d'uected by the Architect, and the Architect shall be compensated .. hourlp on pre-agreed to amount The duties, responsbdiries and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 cunent as of the daTe of this A�eement, unless otherwue agreed 3.2.3 Throu�h the observarions by such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibiliries or obli�ations of the Architect as described elsewhere in this Agreement. 3.4.4 Providing services in connection with evaluating substiturions proposed by Contractors and making subsequent revisions to Drawmgs, Specificafions and other doa�mentarion resulting therefrom. 3.4.5 Providing consultazion concemmg replacement of Work damaged by fire or other cause, and fiunishmg services required in connection with the replacement of such Work. 3.4.6 Providing services made necessary by the default of a Contractor or Subconhactor, by major defects or deficiencies in tbeir Work, or by failure of performance of either the Owner or a Conuactor under a Conhact for the VJork. 3.3 PURCHASING OF FURNITURE, FURNISHINGS AND EQUIPMENT BY THE ARCHITECT 3.3.1 d€�ke-9�veeF��skitesE-agree�-t§e�sk#ece e€-tke�wneF-�v�k�e�s-pFera�e�-�-the�waef�ke{leties zefi�3s-A�ee�� 3.4 CONTINGENT ADDITIONAL SERVICES 3.4.1 Making revisions in Drawings, Specifications or other docutnents when such revisions aze: 7 inconsistent with approvals or insh previously given by the Owner, including revisions made necessazy by ad}ustments in the Ownets program or Project budget; .2 required by the enachnent or revision of codes, laws or regulations subsequent to the preparation of such documenu; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.4.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negoflating and contracting for interior conshuction and fiuniture, furnishings and equipment, except for services required under Subparagraph 5.2.5. 3.4.3 Preparina Drawings, Specificarions and other documentarion and supporting data, evaluating Conhactor's proposals, and providing other services in connection with Change Orders and Change D"uecrives. 3.4.7 Providing services in evaluating an eactensive number of ciaims submitted by Contrnctors or others in connection with the Work. 3.4.8 Providing services in connection with a public hearing, arbitrarion proceeding or legal proceeding except where the Architect is party thereto. 3.4.9 Preparing documents for altemate, separate or sequenrial bids or providing out-of-sequence services requested by the Owner. 3.5 OPTIONAL ADDITIONAL SERVICES 3.5.1 Providing financial feasibility or other special studies 3.5.2 Providing planning surveys, building evaluations or compararive studies of prospecrive buildings. 3.5.3 Providing special surveys, envuonmental studies and submissions required for approvals of governmental authoriries or others having jurisdiction over the Project. 3.5.4 Providing services relarive to future facilities, systems, fiuniture, furnishings and equipment. 3.5.5 Providing services to invesrigate existing condirions or facilities or to make measured drawings thereof. 3.5.6 Making investigarions, inventories of materials or fiuniture, fmnishings and equipment, or valuarions and detailed appraisals of eacisting facilities, furniture, fumishings and equipment, and the retocation rhereof. 3.5.7 Providing services to verify the accuracy of drawings or other informarion fumished by the Owner. AIA DOCUMENL B171 - INTERIOR DESIGN SERVICES AGREEMEN"I� - 1990 EDTITON - AIA - COPYRIGHT 1990 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYAIGHT 1990 - 1T-IE AMERICAN SOCIETY OF INIERIOR DESIUNERS, 608 MASSACHUSETTS AVENUE N.E., WASHINGTON, D.C., 20002.Unlicensed photocopying violates U.S. copyrigM laws and is subject to legal prosecution. This document was electronically produced with pe`mission of the AIA and can be reproduced without violation until the date of expiration as noted below. Elech�onic Format B171-1990 User pocument: 9934AIA6171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #6 9S �� 3.5.8 Providing services involving fravel for the purpose of evaluating materials, fumiture, fumishings and equipment proposed for the Project 35.9 grevi�iag �:�� € ca� � � a a . ��-��-� �'��s-aa� ,4�skites�- 3.5.22 Providing any other service not otherwise included in this Agreement or not customazily fumished in accordance with generally accepted azchitectunl practice. 3.5.10 �e�i� �gee� �ies � -Ehe �rejesE -sesk as � -aEeu� s� �� e�ea� -Feser� 3.5.11 Providing services for the desig¢ or selection of 8raplucs and signage. 3.5.12 Providing services in connection with the procurement of works of art. 3.5.13 ReceipT, inspecTion and acceptance on behalf of the Owner of fiuniture, fumishings and equipment at the time of their delivery to the premises and installation. 3.5.14 �ess�s�-��,�.�s=s sea�Y�Ei�ea�saxagef-ef�eflazate �e 3.5.15 Providing detailed estimates of the Cost of the Work. 3.5.16 Providing detailed quanrity surveys or inventories of material, equipment and labor. 3.5.17 $�e�i�g-assistaase-ia�e�iea-e€-e�ea� eF -systea�s -sxek �s -Yes�is� -a�j�g � �asix� �egaz�iex�€sfle�at�ea-an� �-�s�aiaing geFSe�mei � -eAeraEie� � -aiaiaYeaaase aa� � .� 3.5.18 �evi�ag aaal�ses �€ -aiaia�esaase -a� -efle�iag eesYS, 3.5.19 grevi� �a=:�� -feF � � -eF -reatal � 3.5.20 $�ev�iag °�-,�:;�� -rek� -te �e -AVer� s€ � a-€taa��' tsate-€eF-Fa3s�ea�-aieFe�-69-�a�s-a#eF�he 3.5.21 �egar�sg-a��€-re�e�usible-Feser��a sF b ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide fuH informafion regazding requirements for the Project. 4.2 The Owner shall establish and updaTe an overall budget for the Project, including ihe Cost of the Work, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, ffie Owner shall furnish evidence that financiat arrangemenu have been made to fulfill the Owner's obligarions under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents suhmitted by the Arclutect in order to avoid unreasonable delay in the orderly and sequential progress of the ArchitecYs services. 4.5 If services aze required under Paragraph 3.3, the Owner shall provide and maintain working funds with the Architect, if requfred, to pay invoices chazged to the Project for materials and fiunishings, to secure cash discounts and for required deposiu. 4.6 �e -BwxeF �kal� -�'t�isk �stura� � stieaxisa�-ai�-aa� ivatee-geAutiea-tes£s xes�;-€e�� .�•erials -aa� �eF -k3HeFate�g -aa& -ea�es�eata� �esFS �sge�e�s -� �eger�s -�eq�e� -�}` -la�v -e� -�e � �: 47 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Conhactors' Applicarions for Payment or to ascertain how or for whaT purposes the Contractors have used the money paid by or on behalf of the Owner. 4.8 The drawings, specificarions, services, information, AIA DOCi7MEN'1' B171 - INTERIOR DESIGiV SERVICES AGREEMEN"1' - 1990 EDTITON - AIA - COPYRIGHT 1990 -'1'IlE AMERICAN INSTt1'U'1'E OF ARCIIl'1"6CTS, 1735 NEW YORK AVENOE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRiGHT 1990 - THE AMERICAN SOCLE"1"Y OF IN1"ERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE N.E., A'ASHINGTON, D.C., 2Q002.Unlicenscd photocopying violates U.S. arpyrigh[ laws aad is subject W legal prosecution. This document was elecironically produced with peemission of the AIA and can be reproduced wi[hout viola5on until tLe date of �pirarion az noted below. Elech�onic Format B171-1990 User pocument: 9934AIRB179. DOC — 6l7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #7 99-�5�� surveys and reports provided by the Owner pertaining to the Project shall be fiunished at the Owner's expense, and the Architect shall be enritled to rely upon the accuracy and completeness thereof. 4.9 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes awue of any fault or defect in the Project or nonconformance with the Conhact Documents. 4.10 The proposed lan�'z�e of certificazes or certifications requested of the Arclutect or ArclutecYs consultants shall be submitted to the Architect for review and approval at least 14 days prior to execurion. The Owner shall not request certifications that would require I�owledge or services beyond the scope of this Agreement. 4.17 The Owner shall provide suitable space for the receipt, inspection and storage of materials, fiuniture, furnisUings and equipment. 4.12 �he �ef -skal} �ea� � a�} �e�era� aa� ge�-zele�keae �em�saSieas-aa��est�5`�3`sEe�s 4.13 The Owner shall be responsible for the relocation or removal of existing facilities, furniture, fumishings and equipment, and the contents thereof, unless otherwise provided by this Agreement. ARTICLE 5 COST OF THE WORK 5.1 DEFINITION 5.1.1 The Cost of the Work shall be the total cost or estimated wst to the Owner of all elements of the Project designed or specified by the Architect, including the costs of the Contractor's management or supervision of construcrion or installation. 5.1.2 The Cost of the Work shall include the cost at current mazket rates of labor, materials, fiuniture, fumishings and equipment fiunished by the Owner, and equipment desi�ed, specified, selected or specially provided for by the Architect, including the costs of the Contractors' management eF -sagefvisiea s€ �sHe� or installation, plus a reasonable allowance for the Conuactors' overhead and profit. In addition, a reasonable amount for contingencies shall be included for market conditions at the time of bidding and changes in the Work during the Contract Administration Phase. 5.7.3 The Cost of the Work does not include the compensarion of the Architect and ArchitecYs consukants, the cost of Snancing or other costs which aze the responsbility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR THE COST OF THE WORK 5.2.7 Evaluations of the Owner's Project budget, prelmminary estimates of the Cost of the Work and detailed estimates of the Cost of the Work, if any, prepazed by the Arciutect represent the ArchitecCs best judgment as a design professional familiar with interior desi�. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materiaLs, fiuniture, fiunishings or equipment, over the Contractors' methods of detem�ining bid prices, or over comperitive bidding, mazket or negofiating conditions. Accordingly, the Architect cannot and does not warraut or represent that bids or negotiated prices will not vary from the Owner's Ptoject budget or from any estimate of the Cost of the Work or evaluation prepazed or ageed to by the Architect 5.2.2 No £ixed limit of the Cost of the Work shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the pazties hereto. If such a fixed limit has been established, ffie Architect shall be permitted to include contingencies for design, bidding and price escalafion, to determine what materials, fiuniture, fumishings aa�- equipment, and 5nishes, se�eae� -syste�s � �ges �€ sexs�es�ien-are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Conhact Documents altemate bids to adjust the Cost of the Work to the fixed limit Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execurion of the Contracts. 5.2.3 If bidding or negotiating has not commenced within 90 days after the Arclutect submits the proposed Contract Documents to the Owner, any Project budget or fixed limit of the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the interiors indushy between the date of submission of the Conh�act Documents to the Owner and the date on which proposals aze sought. 5.2.4 If a fixed limit of the Cost of the Work (adjusted as provided in Subparagraph 5.23) is exceeded by the lowest bona fide bids or negoriated proposals, the Owner shall: 7 give written approval of an increase in such fised limit; AIA DOCUMENL B171 - INTERIOR DESIGN SERVICES AGREEMEN"1' - 1990 EDTLION - AIA - COPYRIGHT 1990 - THE AMERICAN INSTiTt7TE OF ARCHITECTS, ll35 NEW YORK AVENOE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - I'HE AMERiCAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE N.E., WASHINGTON, D.C., 20002.Unlicensed photowpying violates U.S. copyright laws and is subject to legat prosecuUOn. T'his document was elechonically produced with permission of ihe AIA and can be reproduced without viola[ion until tl�e daYe of exp"vazion u noted below. Elech�onic Format B171-1990 User pocument: 9934AIA6171.DOC — 6!7/1999. AIA License Number 100381, which expires on 3/6l2000 — Page #8 99•7 y� .2 authorize rebidding or renegoriating of the Project within a reasonable time; .3 if Yhe Project is abandoned, terminafe m accordaace with Pazagraph 8.3, or ��-��-��-��-e€.� �� L�.,....1. tL.... i.., l.:_..a �-w-�� te � �esi�e� �} � -ia -aeser�e -wiFk �e �e�s�ea � ��isatiea �es �€ -�e � �§iY�atiea�sseEiatiea-s�}y-�a-effest�ts�ess-tke-�§es .4 cooperate in revising the Project scope and quZlity as required to reduce tfie Cost of tiie Worlc 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify rhe Conti Documents as necessary to comply with the fixed limit, if established as a condirion of this Agreement The modificarion of the Conhact Documents shall be the timit of the Architect's responsibility azising out of the establishment of a fixed limit The Architect shall be enti8ed to compensation in accordance with this Agreement for all services performed whether or not the Contract Adminishation Phase is commenced. ARTICLE 6 USE OF ARCHITECTS DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents prepazed by the Architect for this Project aze instnunents of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documenu and shall retain all common law, statutory and other reserved rights, including the copyright The Owner shall be permitted to retain copies, including reproducible copies, of the ArchitecYs Drawings, Specificarions and other documenu for informarion and reference in connection with the Owner's use and occupancy of the Project The ArclutecPs Drawings, Specifications or other documenu shall not be used by the Owner or others on other projecu, for additions to tUis Project or for compleuon of this Project by others, unless the Architect is adjudged to be in default under This Ageement, except by ageement in writing and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for simIlaz purposes in connection with the Project is not to be consUued as publicarion in derogarion of the Architect's reserved rights. ARTICLE 7 ARBtTRAT10N 7.1 �s �es -e� -e#keF -aiaueFS -ia �}aes�ea 7.2 Pwssi ,a c_..a.:.._. .. ..u.,n �.., ai..a :_ .� fi�e stkeF �-te -#�is A�rE -_--• sa� iv#k fi�e �e�isaa t�i5 �sse sia�ea: --t� �� -arki�;�tiea - ska� � e �a�e � � -�easeaa�ile �e -a#�eF-i§e-sla� � a� et�eF-mat�eF �a �es�ea�as-a�isea--�a�e-eveaE-sl�-E§e ..Fl..,...1 .. ....:+.R.le e..A:...... 6.,....A .. ...L ..1..:... A:.... a D �Y Y � D s��i�tese€�- 7.3 �ie -ar�i�atiea � s� s€ sF -�ela�isg -te �his A�eeffien�-ska�}�e -kY-seaseli�a�ie��sF��a3` �ee�es� �seg��}-�-sessea� �eaEa�ag-a-sgebifi� re€erease-fe-Uxis�eea�ea�-sigae�-bi`�ke�vaef�es� aa�-aa3`�keF-geFSea . -Esae,eaE te:�3�i�atiea-ia"",� -:�-aaa�iesa�-�er-sea-eF-ea�}� ��easti£ete�easeal-te-a�ii�aEiea-e€-�}��isgxfe� etket-�atteF-i$-c�esEiea-aeE-dessr�e��a-f�e�itYe[:�exSeaE eF �a-fleFSessF-eati�y�-aas�e�s�-�essri�ec�-�herei� >� � -H3e -gar�ies -te -tk�s �eea�ert� � -�e -sgesi€sa� ea€e�seaFile-i�-assert�ase-r�vtk-agg}isaFile-la�-ut-aa�}�ew� 7.4 �e-awar�-FeadeFe�-§�-ske-arkiHateFSF-arki�ateFs ska� �e -€� -aa& �u�est -�ay �e �atet�ecl -uAea � �a asser�aase -wiU} -ag�ksable -la� -ia -aay •se�E -kav� � � T`U c� �&��11:1�f� � f� �iSPiA.T}3 F'�D1.�11wM�1' ARTICLE 8 TERMfNAT10N, SUSPENSfON OR ABANDONMENT 8.1 �is-Ag�ee�aea�-�a��e�e�iaate�ky�� 3e -ger�'e�t -ia �sser�aase � �ke te�s s€ �s -A�ee�eaE -E�et�lt -ae -€a}il4 �€ fi�e -� 8.2 �€�ke�ejest-is�sgea�e��}-t§e�waeF�-aieFe €e�-seFViees-geFfe�e� � �e-ae�ies-e€-sask��,geasiex: �A'-�ea �he-grejes�-is-rest�e�-�he-t�ski#es�s -se�geasa�iea AIA DOCUMENT B177 - INTERIOR DESIGN SERVICES AC�REEMEN"t' - 1990 EDITION - AIA - COPYRIGHT 1990 - THE AMF:RICAN INSITCUTE OF ARCIff"PECTS, 1735 NEW YORK AVEN[JE N.W, WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - 1T� AMERICAN SOCIETY OF AITERIOR DESIGNERS, 608 MASSACFR7SETTS AVIIViJE N.E., WASHINGTON, D.C„ 20002.Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecu[ion. This document was electronically produced with permission of the AIA and can be reproduced without viola[ion �mfit the date of expiration as noted below. Electronic Format B171-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #9 99-7`f� 8.3 �kis _^_a_°--�---.—m°=`�ay-�exer�aated-§�-t}�e�eF �iejeeE -es -al�eaer� -§� -t§e �eF -feF �e �haa �8 ,... �. � ..? .. 8A �ai}u�e -e€ �e � �e -a�e $a�eafs �e �e �teeE �a -aeeer�aaee � �is z4�eeFaea� �ka� -be �e� � �eager€er�e -att� ca�se � ter�iaa4iea. 8.5 �€�ke��}s�e-ax�e$a�ea�jvkea�e�ke e€�e�s iees�eFfi�s . -ia-fi�-is �a-t�e-evesE�€-a-se+s�easieas€�ePtiees-tke�skitee�-ska�l ll.....e� l.o,.......o ..F....,.M .. ..f �el..:�e�_ 8.6 �s �he -ea=e� -e€ xer�aaEiea -ne6 fi$e �� -e€ -t�e t�sk�tes� �ke �skitesf -ska� -be -se��easate� -feF �eFVises � �eF �e -Ee�aa�ie� �eget3�eF-w�t �le €�geases-tliea�ue-aa��!}�e�a�ex-�geases-a,�e€tae� .. D..�....�....4 O '] � 8.7 �'er�iaatieff -�ieases -are -i�t �iea �e e*�eases -�kiel� -aFe �est� -ai�xtab�e xe xe�iea. �e�iaaEiea�geases�a(i-be-se�te�as-a-fleFSexitage-e€ tke �eka} �easa�ie�x � �asis -an� �eaa! -SeFVises �wes�}=�eFSen�-e€�e-�e4alce�flet�saHea-€eF-�asis ess�s �ie€eFe -ef �g -�e �e�g � .2 t��lCli4ieaa� �er�ises -earae� -te �ate -i€ �er�iaaEiea governed by the law of the principal place of business of the Architect. 9.2 Teims in this Agreement shall have the same meaning as those in AIA Document A201/CriTEi, General Coaditions of rhe Contract for Conrnuctiott, and 'm A7A Document A271, Getteral Condirions of the Contract for Fumiture, Fumishings and Equipment, as appropriate, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acks or failures to act shall be deemed to have accrued and the applicable statutes of limitarions shall commence to mm �ot later than either the date of Substanrial Complerion for acts or failures to act occurring prior to Substanrial Complerion, or the date of issuance of the final Certificate for Payment for acu or failures to act occurring after Substantial Completion_ 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and emptoyees of the other for damages, but only ro the extent covered by property insurance during constmction and installation, except such rights as they may have to the proceeds of such insurance set forth in the editions of AIA Document A201, General Conditions of the Conhact for Conshuction, and AIA Document A271, General Condi6ons of the Contract for Furniture, Fwnishings and Equipment, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their conhactors, consultants and agenu. 9.5 The Owner and Architect, respecrively, bind themselves, their partners, successors, assigns and legal representarives to the other pazty to this Agreement and to the partners, successors, assigns and legal representarives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assigu this Agreement without the written consent of the other. 9.6 This Agreement represenu the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Ageement may be amended only by written instrument signed by both Owner and Arclutect. .3 A�i�ieaa� �er �aec� -te �ate �€ xet�isafien t� IL" !%F��i h£i'�4�i11T- ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be 9.7 Nothing contained in this Agreement shall create a con�actual relationship with or a cause of action in favor of a third party against either the Owner or Architect . 9.8 Unless othenvise provided in this Agreement, the Arc]utect and ArchitecYs consukants shall have no responsibility for the discovery, presence, handting removal or disposal of or exposure of persons to hazardous maYerials AIA DOCUMENT B171 - INIERIOR DESIGN SERVICES AGREEMENT - 1990 EDITION - AIA - COPYRI(iH'C 1990 -"f'ilE AMERICAN INSTIT[1TE OF ARCFIlTECTS, 1735 NEW YORK AVENIJE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHI' 1990 - THE AMERICAN SOCIEfY OF 1N1'ERIOR DESIGNERS, 608 MASSACFI[JSETLS AVENOE N.E., WASHINGTON, D.C., 20002.Unlicensed photocopying violates U.S. copyrigh[ laws and is subject to legal prosecutiop. This docutttent was electronically produced wiih pecmission of the AIA and can be reproduced without violaflon imtil the date of expiration as noced below. Electronic Format B171-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3!6/2000 — Page #10 99-7� � in any form at the Project premises, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toacic substances. .. - - 10.2.7.3 7f • ,rt - �a :- -a-.�-�� +--.•� , �,•so. �� umri ..a, _..,...:�.... �,;..x,._ a..._ , �1 a C a 9.9 The Architect shall have the right to include representations of the desi� of the Project, including photo�aphs of the eaterior and interior, among the ArchitecYs promotional and professional materials. The ArclutecYs materials shall not include the Owneis' confidential or proprietary information if the Owner has previously advised the Arclutect in writing of the specific information considered by the Owner to be confidential or piopiietary. T ��^Pr ch 11 nr �+ e oio�Fi�nal rrrrlit fnr 9.10 Except with the Ownets imowledge and consent, the Architect shall not (1) accept trade discounts, (2) have a significant financial interest, or (3) undertake any activity or employment or accept any contabution, if it would reasonably appeaz that such activity employment, interest or contaburion could compromise the ArclutecYs professional judgment or prevent the Architect from serving the best interests of the Owner. ARTICLE 70 PAYMENTS TO THE ARCHITECT 70.1 DIRECT PERSONNEL EXPENSE 70.1.7 �iFes��eFSe�ae�-�xgease-is�e€�e�as�e�ee� s�laries-e€�e �ites�s-geFSe��agage� �a�he�ejesE Eea�x�ieas -aa� -l�eae€�is -Felate� �ieFete -susk -as e�g}e�aex� -fa�ces -aa� stheF � -eaty�leyee '�"-��•", � � -leava -13ek�kxys �,zsaFieas -geasieass -ar� 10.2 REIMBURSABLE EXPENSES 10.2.1 � -�genses �e -�t a�iea -te eea�easaFiea-€eF��-a��#irieaa�-Se�asesaa��e ��-sensukaaES-i��ke-i�Eeres�-e€�he �� 70.2.1.7 €�ease-e€�e�iea�a�esnes�ieaivitkfihe �ejes$-e�eases-iaceanesHea�x-aut3�eFi�e��-e€�eu�a � -�eagt�ks#axse -se�ieas -aa� -€ees -gaic� -€eF ses�ag-�eva�s€-au�ke�ies�av�eg�is�isEiea-eveF-the � 10.2.1.2 , a 10.2.7.4 €ycgease �€ =°�z� �e�e]s a� -�ee�s .»..a ,�_..u.....m„_ 10.2.7.5 ��gease s€ �tieaa� �ce -severage -eF 1:�..:4.. :�...l..a:�..� ��..F ....:,.....1 l:..L:l:a., :......«.�..... _ ,.. A l� . a r �-y � Tk �A Qtxma�_ ............ ..ra�.... _.-.....n. .,..�: a �. � �. �.• � , 10.2.7.6 �xgease -e€ � �es�� -a� -� 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 ,4 $- :..: ��}-fla3�eaE-as��'�'-�" �� ".' :� 10.3.2 Subsequea� -gaya�ea�s -feF �asis �e�iees � �e �ta�le-me�k}3�� iv}�ere-a�p}isaHle,�-skal��e-�a�Feger�Eiex te-ser-c�ises-�eFfers�e�-w� �ask-flkase-e€-ser�ie� sa-t�e 10.3.3 � -se -#'a�E s€ �he Arskitee� -sea�geasa�iea � -an3� 10.3.4 eF-et�e�se , -fle#ieas e€�e -�ejes4 -s� -He -�Tyable -te -the �ea� �e�ases are se� -fertk -ia �u�g�a�agk �� asec� �t {� �ke-lecves� gFe�esal-is-raseive�-tke-xxest��s�,ates€ �e�est-e€-Eke�l��-�leEaile�l�st�ate-e€�e�es��€�§e 70.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 70.4.7 Pa3�eatssa-asse�s€�ke�sk�esY-s�esai Se�iees -aa� -feF �e�a�ile -�eases -s§al� -be -�a�e �` �gss -g�eseeta�iea s€�e �laskitee,ES � �€ „_ea ,._ e.,..e....e� :..,...._,.a 10.5 PAYMENTS WITHHELD AIA DOCUMENT B171 - INTERIOR DESIGN SERVICES AGREF,MENT - 1990 EDTITON - AiA - COPYRiGHT 1990 - THE AMERICAN INSTITOTE OF ARCHI"1'ECTS, 1735 NEW YORK AVEI�IIE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT I990 - TIIE AMERICAN SOCIETY OF INi'ERIOR DESI(GNERS, 608 MASSACfiiJSEtTS AVEfII7E N.E., WASfDNGTON, D.C., 20002.Unliceased pho[ocopying violazes U.S. copydght laws and is subject w legal prosecutioa This document was elecrtonically produced with pemiission of the AIA and can be reproduced wi[hout violation until the date of expiraiion as noted below. Electronic Format BI71-1990 User pocument: 9934AIA6171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #1'I 99-�Y�' 10.5.1 �Ie�e�xxstiess�ka}��e-�a�e-f�x§e�es�s ee�peasa�-ea-asEeuaa�€-geaa�Y;-�fe�-�xagess� 10.6.1 �ese�s�€��xgesses-aa��esses et�ef�s-�el�#�e�-ga}�eats�e�ea�asteFSS�-ea �-is�iesa�-Se�iees aeeeua�-e€�e�esE�€ � � a�a�ila �e -E�e $waef � �e �s -a�ker�e& 70.6 ARCHITECTSACCOUNTINGRECORDS 5 v�' P�� l-a6TtT- ARTICLE 11 BASIS OF COMPENSATION See 6asic Agreement . 17.1 n�r rnirrr n r n n vn.fcnrr ,.c �{$ ) n..�„�„ as�st- (G=dicate whether initial payment will be csedited ta the first, to the lasi or proporfionately to a11 paymentr on the Owner's account) 11.2 BASIC COMPENSATION 11.2.1 , , , (lasert baris oJ compenration. rncluding stipulnted .n�ms, multiples or percentages, m�d idera� phases to which particulm methods oj compensation apply, if necess�}+.) 11.2.2 �kerecex�fleASa�iea-is-l�asec}sn-a-sEigetlate��r�-�sentage�€�§e-6esE�€�§e�Ye�IF-�egess-gay�en�s��asis (Insert addilional phases as appropriate.) ' _ � = • -. • " �-,..,.,.-..�� e.'.,,......�� . .. - �dF68ll�� %� �eF66Ht{ %� �36F668Y{ %� �BE6BBY{ %� . � %� . one un e percen o .�• ��1_ .Y •. •.�� 11.4 COMPENSATION FOR ADDITIONAL SERVICES 11.4.1 (Insert basis of compensation, induding rates mrd/or multiples of Direct Personnel Experzre for PrincipaLr and employees, mrd identify Principals wrd clars� employees, if required Identify specific services to which partici�lar methods of campensation apply, if ttecessury.) 17.4.2 £9�� "• . - , ( ) � suE3r s2�-� (Identify spec�c types of consultanu in Article 12, if requ'ued) 71.5 � � �£�FS� �s �lessr-i�ec� �a �agk �; -aa�-aay st�eF iYems -insk�de� �n �Eisle �-as AIA DOCUMEN't' B171 - IN1'ERIOR DESICrN SERVICES AGREEMENC - 1990 ED7TION - AIA - COPYRIGHT 1990 - THE AMERICAN INST1'1'UTE OF ARCI�Il1'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - TfIE AMERICAN SOCIETY OF IN'1"ERIOR DESI(iNII2S, 608 MASSACHUSETTS AVENUE N.E., WASHINGTON, D.C., 20002.Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosewtioa This docutnent was electronically produced with pemiission of the AIA and can be reproduced without violation until the daTe of expiration as no[ed below. Electronic Format B171-1990 User pocument: 9934AIA6171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #12 9� -��}8 C ) -Y'°J � 11.6 O - O� ..i...it l.e.. :..te�e.w .,« al.e .-�ta e..�e..e.i l.et... „ �i.� .,l...e....e «i.e�e..r..a at,, t......t .... __ ..:i• <. � a a (lrzsen rate of interest agreed upon.J (U.�wy 7aws and requiremenf.s rmder the Federal Truth in Zending Ac{ s6rsilm state mid loca! contwner credit laws mld atFees regulations at the Owner's mld �irchirecPs pr'mcipal places of busmesg the locatian of the Project mld eLrewhere may ajfect the vaZidity of this prwisiorz Specrfu lega[ odvice shou7d be obtained with respect to de(etions or mod�ations, and aLso reg�dmg requirements.ruch as wriuen disclo.naes or waivers.) 11.7 ( ) $� }�� #i�e�t-ae-PaulES€-Eke ^--� ��?_---_�eyea�-E�aE-Ha3e�ka1�-be -as � -�e�� SE� ��--� P�ji?� ARTICLE 92 OTHER CONDITIONS OR SERVICES (Insert descriptiorss of other services, ident� Additional Services included within Basic Compexsation mrd mod�cations to the payment and compensation terncs included in this AgreemenG) This A�eement entered into as of the day and year fust written above. OWNER (Signature) (Printed rsame arrd title) ARCHITECT (StBr+atm'e) (Printed name a,rd titleJ AiA DOCUMENC Bl'Il - INTERIOR DESIGN SERVICES AGREEMENC - 1990 EDTTION - AIA - COPYRIGHT 1990 - TFIE AMERICAN INS"IY'fU'LE OF ARCI3ITECTS, 1735 NEW YORK AVENIIE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACfi[7SETTS AVEN[JE N.E., WASHINGTON, D.C., 20002.Unlicensed photocopying violazes U.S. copyright laws and is subject to legal prosec�on. This document was electronically produced with penuission of ihe AIA and can be reproduced without violation until the daTe of eayiration as noted betow. Electronic Format B171-1990' User pocument: 9934AIA6171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #13 ACORD CERTIFICATE OF LIABILITY INSURANC� RG DATE(MM/OD/Y1� YHR-1 OZ/14/9: 'RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dyste Williams Ageacy HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 35 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Kinneapolis DIDT 55440-0035 � INSURERSAFFORDINGCOVERAGE Phoae:612-593-5025 Fax:612-545-3160 . ', INSURFRA � INSURERB: MeY er Scherer & Rockcastle LtH -� �NSURERC: 119 North Second Street '� ixsurz�RO: Mianeapolis ba7 55401-1420 i �', INSURERE COVERAGES THE PoLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOlHE INSURED NAMED ABOVE FOR THE POLICY PFRIOD INDICA7ED. NOTWRHSTANDING ANY REQUIREMENT, 7ERM OR CONDfiION OF ANY COMRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSIIED OR MAY PERTAIN, iHE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SU&IECTTO ALL THE TERMS, EXCLUSIONS AND CANDfT10NS OF SUCH POUCIES AGGREG4TE LIM7TS SHOWN tdAY HAVE BEEN REDUCED BY PAID CLAlldS. �� iYPE Of INSURANCE POLICV NUMBER . pA� ME�pCTIVE I POATEYM�M/PD�D TION LIMRS p. � GENERALLIABILIN I I i � EACHOCCURRENCE $ ZOOOOOO COMMERCL4LGENERALLIABILfiY �I CQ$ 0105246 I l i 04/O1/99 I �4��.�� FIREDAMAGE(Myonefire) $ rjQQQQ �� I I CtAIMSMADE 'LX � OCCUR i � i� MEDEXP(Myaneperson) $ SOOO I PERSONAL&ADVINJURY $ZOOOOOO i GENERALAGGREGATE $ 4000000 GEN'LAGGREGATELIMITAPPLIESPER:I PRODUCTS-COMPlOPAGG $�}OOOOOO POLICY � �E� �� LOC AUTOMOBILE IIABILITV P. �ANVAUTO � QQ$ 0105246 I 04/O1/99 04��],�� COMBINEDSINGLELIMIT $ .Z�Q�QOp (Ea acndent) ALLOWNEDAUTOS � BODILV INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS I BODILVINJURV X NON-0WNEDAUTOS (Peracatlent) $ � I PROPERTVDAMAGE $ (Per awtlenq GNRAGELIABILIT' I AUTOONLY-EAACCIDENT $ ANYAUTO OTHERTHAN �ACC $ I AUTOONLV: AGG $ EXCESSLIABILfiY I � I � EACHOCCURRENCE $ BOOOOOO A � occua �j cvaMSmwoe ' CCS 0105246 04/Ol/99 04/Ol/00 AGGREGATE s 3000000 a R DEDUCTIBLE g REfENT10N $ ZOOOO I I $ WORKERSCAMPENSATIONAND � i �TORYLIMRS X ER EMPLOYERS' LIABIiffY A i C4PC 0105246 'I 04/O1/99 04/Ol/00 E.L EACHACCIDENT 5 500000 E.L.DISEASE-EAEMPLOY $ SOOOOO j E�.DISEASE-POLICVLIMIT $ SOOOOO � OTHER B �Professional Liab I NPC0145481-00 03/22/98 04/Ol/00 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Architects & Sngineers Professional Liability (Claims Made Form) $2000000 Per CZaim / $2000000 Aggregate City of St. Paul, its officials, employees and its construction maaagers are iacluded as additioaal insureds. CERTIFICATE HOLDER I y', ADDITIONAL INSURED; INSURER LETTEF2: A CANCELLATION CITYO-1 SHOULDANYOFTFIEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE7HE EXPIRATION DA7E THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYSNRf77ENNOTICETOTHECERTIFICATEHOLDERNAMEDTOTHE C].ty OP St. Paul tEFT,BIRFAILURETODOSOSHALLIMPO$ENOOBL(GATIONORLIABILINOF St. Paul Pll}JZ1C Library ANYKINDUPONTHEINSURER,ITSAGENTSORREPRESENTATNES. 90 West 4th Street St. Paul 2�7 55102 Ted E. D ste ACORD 25-S (7/97) " ACORD CORPORATION 1988 9y-?�s� Architect /�� l f �2� Date: � ' 6 ' � Division of Libraries � ; � /� / Date: 7 /� �� Departm�nt of Human Rights Assistant City Attomey Date: Office of Financial Services Date: Mayor Date: Date: �3R�t�G�I�A�. Council File # _g_g - n�� Green Sheet # b ��ey� RF.C(1T,TTTTnN Presented By Referred To 10 11 12 13 14 15 lb 17 18 19 20 21 22 Committee: Date WHEREAS, the Saint Paul Public Library has selected through an RFP process the firm of Cost, Plamiiug & 1Vlanagement, International [CPMI] to provide construction management services for the Cental Library renovation and addirion project; and WHEREAS, the Saint Paul Public Library has also selected through an RFP process the firm of Meyer, Scherer & Rockcastle, Ltd. [MSR] to provide azchitechxral services for the Cental Library renovation and addition project; and WHEREAS, the terms of the draft contract with MSR provide for an indemnification of MSR for claims which might azise from existing building condifions or existing subsurface conditions relafing to asbestos removal or unforeseen building conditions and that CPMI has recommended that such indemnification provisions be extended to MSR given the unique building issues surrounding the Cental Library renovation and addition project; NOW, THEREFORE, BE IT RESOLVED, that the Council of the Ciry of Saint Paul agrees to indemnify and hold harmless Meyer, Scherer & Rockcastle, Ltd. to the extent provided in the draft contract entitled "Terms and Conditions of Agreement Between Owner and Architect" subject to the provisions of Minn. Stat. Chap. 466. Requested by Department of: L�6k,(�t2/L �- By: (�i�/L !//�U�G%�G�' Adopted by Council: Date ��,�.� \ Adoption Certified by Council Se etary sy:' `�� '- � //�� Approved by Mayor: Date �.1�' ��T77 By: Form Approved by City Attorney B �.�d✓!./��-- 7/�/?S - •�� !��I�/ � � � _ � �''. L 9°t-��i8' DEPARTMENT/OFFICFJCOUNCII.: ' DATE INITIATED GREEN SHEET No.• 09642 Libraries 7uly 12, 1999 ' CONTACT PERSON & PHONE: q snnavnATE nvm.�i/D�+TL Lee Williamson 266-7080 ASSIGN 1 DEPARI'bff.NT DIIt �/12 CITY COUNCII, NU31iBER FOR 2 CITY ATTORNEY 7/8 4 CITY CLERK MUST BE ON COUNCII, AGENDA BY (DATE) ROUTING ORDER F7NANCIALSERVDII2 FINANCIALSERVICES/ACCf 3 MAYOR (OR ASST.) HIJMAN RIGH1'S TOTAL # OF SIGNATIIRE PAGES 1 (CLIP ALL I.00ATIONS FOR SIGNATi7RE) ncriox �QVESZEn: Approval of Council Resolution agreeing to indemnify and hold harmless Meyer, Scherer & Rockcastle, Ltd (architectural firm for the Central Library Renovation Project) to the ex#ent provided in the draft conuact. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAI. SERVICE CON'[RACTS MUST ANSWER TRE FOLLOWING QUEST70NS: PLANNING COMMISSION _CIVIL SERVICE COMMISSION I. Has tlils persoNfum ever worked under a convac[ for this depazlmrnt? CIB COMMITTEE STAFF _ 2. Has Atis perso�✓firtn ever been a city employee? DISTRICT COURT � ^ � 5, ,, SUPPORTS WHICH COiJNCIL OBJECTIVE? 3. Does this person/Srtn possess a skill not nmmally possessed by any . � � ^ �,y�{!, <._; �.�- -- employee? �(}(;..�"'"'- 4. Is this person/fum atargeted vendor? Explain ali yes answers on separafe sheet and atfach to green sh�� INITIATING PROBLEM, ISSUE, OPPORTi7NITY (WLo� R7�at Wheq Where. Why): CPMI (Cost, Planning & Management , Intemational) has been selected through an RFP process to provide construction management services to the Saint Paul Public Library for the Central Library renovation and has recommended to the City that it agree to indemnify MS&R in regard to existing building conditions or e3cisting subsurface conditions relating to asbestos removal or unforeseen building conditions. ADVANTAGES IF APPROVED: The City will be able to groceed with the architectural contract with MS&R and begin the Central Library renovation project. ,,,, � 199 • 4 3 w .�Y ••• .. DISADVANTAGES IF APPROVED: Ivone. JUL 2 � 1999 DISADVAN'PAGES IF NOT APPROVED: The City will not be able to complete an agreement with the azchitectural firm that was selected through an RFP process. The project will be delayed. --- -- • TOTAL AMOUNT OF TRANSACl'ION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVIY'Y NUMBER: FINANCIAI, INFORMATION: (EXPLAI� RFGEIVED JU� 1 2 1999 , C\WPDOCS�CPMI CENGRN 9�j- �SfB DEPARTMEIV'i'/OFFICF/COiJPICIL. Libraries CONTACT PERSON & PHONE: Lee Williamson 266-7080 btUST BE ON COiJNC[L AGENDA BY (DATE) DATE IhTT1-4TED I GgEEN SHEET July 29, 1999 b ASSIGN NUMBER FOR ROUTING ORDER JhTIIAIlDA7E 1 DEP,ARTMENT DIR 7/12 2 CITY ATTORNEY FINANCIAL SERV DIR No.: 09633 7[i1TTpIlDATE crrY courrcn. CITY CLERK 5 FINANCIALSERVICES/ACCT 4 HUMAN TOTAL # OF SIGNATURE (CLIP ALL LOCATIONS FOR SIGNATiIRE) ncriox �QuasTen: Approval to contract for Architectural/Engineering Services from Meyer, Scherer & Rockcastle, Ltd. (MSR) for the renovation and addition of the Central Library. RECOMMENDATIONS: Approve (A) or Rzject (R) pLANNINGCOMMIS5ION _CIVILSERVICE COMMISSION CIB COMMITTEE _ STAfF — DiS1RICT CAiJKT SUPPORTS WHICH COUNCILOBJECTIVE? PERSONAL SERVICE CONTRACi'S MUST ANSWER THE FOLLOWINC QUFSTIONS: 1. Has this person/fiim ever worked under a contracl for this departmert? yes, MSR wu the arcfiitecturel fvm for Meiriam Park Library 2. Has this person/fvm ever bern a ciTy employea? No 3. Does th�s persodfirtn posteexss a skill not nortnally possested bY anY cun'e"t rity employee? . yes, they have ihe expertise and ezperience to handle a major renovation pmjecl 4. Is this person/firtn a targeted ve�dor? No Ezplain all yes e�swe�s on sepa�'ate sheet and attach to green sheet INITIATING PROBLEM.ISSUE, OPPORTUNTTY (Who, �Yha4 ��'hen, Whem, �Vhy): MSR has been selected to provide architecturaUengineering services to the Saint Paul Public Library for the Central Library renovation and addition project. The project will be phased over a number of years. � ADVANTAGES IF APPROVED: MSR did a predesign schematic plan and constructed a model in 1989 for the Central Library so they are very familiar with this building. MSR was selected by the design selection committee, formed with library staff. DISADVANTACESIF APYROVEB: None DISADVANTAGES TF NOT APPROVED: If not approved, we would not be able to TOTAL AhtOUNT OF TRANSACI'ION: S 598,303 FUNDING SOURCE: 1998 CIB and 1999 CIB FINANCL4L INFORMATION: (EXPLAI� �� 31 o L` {'E �f� -ss��- with the COSC/REVENUE BUDGETED: Yes ACCIVITYNUMBER: CPLC98-3T515 CPL C99-3T516 CiCta��i �SS�GiG�i �a��;�"s . „.-,� �J�� , _� 99- ��fg � Standard Form of Agreement Between Owner and Architect Where the Construction Manager is NOT a Constructor - Construction Manager - Adviser Edition AIA Document B141/CMa - Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION Wl'1'H AN ATLORNEY IS ENCOiTRAGED WITH RESPECC TO TTS COMPLETIONOR MODIFICATIONAUTAEN"IICATIONOF THIS ELEC7'ROHICALLY DRAFCED AIA DOCUMENL MAy BE MADE BY USING AIA DOCUT�IQdT D401. 1'his docmnenT is iatended w be used "m wnjunction with the 1992 editions of AIA Documen[s B801/CMa, A101/CMa, and A201/CMa Copyright 1975,1980,1992 by The American Instinrteof Architecfs, I735 New York Avenue, N. W.Washingtoq D.C. 20006-5292. Reproduction of the mazerial hesein a substantial quotation o£ its provisionc witltoutthe written peimissionof the AlAviolates the copyright ]aws o£ the I3nitedSTates aud wilkubjec[ the violazor to legal prosecss[ion. AGREEMENT made as of the 12th day of Mav in the yeaz of 1999 (Irs wordr, indicate day, month and yem.) BETWEEN the Owner: (Name <md oddress) - Saint Paut Public Librarv 90 West Fourth Sffeet Saint Paul, MN 55102 and the Architect: (Name and address) Mever, Scherer & Rockcastle. Ltd. I 19 North 2nd Street IvTinneauolis, MN 55401 for the following Projed: (Imclude detailed descripdon ojProject, Zocation, address and scope.) Saint Paul Central Librazv Renovarion The Construction Manager is: (Nmne and address) Cost, Plannine & Manaeement Internarional. Inc. (CPMn 2850 Metro Drive, Suite 329 Bloomineton. MN 55425 The Owner and Arclutect a�ee as set forth below. A[A DOCUMENT 8141/CMa - OWIiER-ARCI�IlTECT AGREEMEN"I - CONSTRUCLiON MANAGER-ADVISER EDTTION - 1992 EDITION - ASA - COPYRIGFiT 1992 - THE AMERICAN INSIITUTE OF ARCHI"I'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecufion. ElecironicFormat B141/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7t7/1999 — Page #1 99- ?�f � TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER E1ND ARCHITECT ARTICLE 1 and construcrion budget fisnished by the Owner to ascertain ARCHITECTS RESPONSIBILITIES the requirements of the Project and shall arrive at a mutual 1.1 ARCHtTECTS SERVICES understand'mg of such requirements with the Owner. 1.1.1 The ArchitecPs services consist of those services performed by the Architut, ArchitecYs employees and ArchitecPs consultants as en�erated in Acticles 2 and 3 of this Ageement and any other services included in Article 12. 2.2.2 The Architect shall review with the Owner and Construction Manaaer proposed site use and improvements; selection of materials, buildin� systems and equipment; and methods of Project delivery. 1.7.2 The ArchitecYs services shall be provided in conjunction with the services of a Construction Manager as described in the edirion of AIA Document B801/CMa, Staudazd Form of A�eement Between Owner and Conshuction Manager, current as of the date of tlus Agreement. 1.7.3 The ArchitecYs services shall be performed as expedi6ously as is consistent with professional skill and caze and the orderly progress of the Work. The Architect shall submit for the Owner's approval and the Construction Manager's informarion a schedule for the performance of the ArchitecPs services which may be adjusted as the Project proceeds, and shall include aliowances for periods of time required for the Owner's and Construction Manager's review and for approval of submissions by authoriries having jurisdicrion over the Project Time limits eshblished by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.7.4 The services covered by this Ageement aze subject to the time limitations contained in �� Exhibit A- Construction Manaeement Plan. ARTICLE 2 SCOPE OF ARCHITECTS BASIC SERVICES 2.1 DEFINITION 2.1.1 The ArchitecYs Basic Services consist of those described in Paragraphs 22 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal shuctural, mechanical and electrical engineering seroices. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program, schedule 2.2.3 The Architect shall review with the Owner and Construction Manager altema6ve approaches to design and conshuction of the Project 2.2.4 Based on the mutually a�eed-upon pm�am, schedule and construction budget requ'uements, the Architect shall prepaze, for approval by the Owner, Schemaric Desi� Documents consisting of drawings and other documenu illushating the scale and relarionship of Project componenu. 2.2.5 At intervals appropriate to the progress of the Schemaric Design Phase and mutually agreeable to the Owner, Construction Manager and Arclutect, ffie Architect shall provide schema6c design studies for the Owner's review and the Construction Manager's information. 2.2.6 In the fiuther development of the drawings and specificarions during this and subsequent phases of design, the Architect shall review e€ -the estimates of Construction Cost which aze to be provided by the Construction Manager under the Consh�uction Manager's agreement with the Owner. 2.2.7 Upon completion of the Schematic Design Phase, the Rrchitect shall provide drawings, outline specifica6ons and other documenu for the Owner's approval and the Construcrion Manager's informarion saris ' the Desi Document Reauirements in E�ibit A- Construcrion Manaeement Plan. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedute or construction budget, the Architect shall prepaze Design Development Docuwents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall be based upon AIA DOCi1MENT B141/CMa - OWNER-ARCHI'I'ECT AGREEMBNT - CONSIRUCTION MANAGER-ADVISER EDITfON - 1992 EDIT[ON - AIA - COPYRIGHT 1992 - THE AMERICAN INS1TT01'E OF ARCIIITECTS, 1735 NEW YORK AVEN[JE N.W., WASHHVGTON, D.C. 20006-5292.; Unlicensed photocopying violazes U.S. wpyright laws and is subject to legal prosecution. Elech Format B141/CMa-1992 User pocument: 82426141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #2 99-�� data and estimates prepazed by the Construction Manager and shall consist of drawings and other documents that establish and describe the size and character of the Project as to azchitectural, shuctural, mechanical and electrical systems, materiaLs and such other elements as may be appropriaYe. 2.3.2 At intervals mutually a�reeabie to the Owner, Construction Mana�er and Architect, the Architect shall provide drawin�s and other documents wluch depict the current status of desi� development for the Owne�s review and the Construcrion Manager's informarion. 2.3.3 Upon compierion of the Design Development Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Conshuction Manager's information satis ' the Desien Document Requirements in E�ibit A_ Construction Mana¢ement Plan. 2.A CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construcrion budget, the Arclutect, utilizing data and estimates prepared by the Construcrion Manager, shall prepaze, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project responsibility for filing documents required for the approvat of goveromental authoriries having jurisdiction over the Project. Insert A: 2,4,fz Th� Archi ��j( �g remnnsible � 'd�nti£ane S?tp �nd 14ca1 �emmenta � � "Uiisdi� � annrove Sjt� desiffi �f � $ � _ � �.�1�,11_b� resnonsble� cee�� doc�menTS ang services fumished � the Architect conform to the laws, reQulations and other ljal reauirements applicable at the time of execution of tlus A�eement The Architect shall rform these services consistent with professional skill and care and in accordance with the standards of their urofession. Engineerina documents shall be dated and shall contain the si¢nature of the reeistered en�ineer in resnonsble chaz�e, a certificate that the Work was done bv such reeistrant or under the re¢istranYs direct pex�onal suueroision and the state reeistration number of leaible seal of such reaistrant. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Conshvction Documents and of the Consh�ucfion Manager's latest estimate of Conshvcrion Cost, shall assist the Construction Manager in obtaining bids or negofiated proposals and assist in preparing contracts for construction. 2.6 CONSTRUC710N PHASE - ADMINISTRATION OF THE CONSTRUCTfON CONTRACT 2.4.2 At intervaLs mutually agreeable to the Owner, Construction Manager and Architect, the Architect shall provide Drawings and Specificarions for the Owner's and the Construction Manager's review. 2.4.3 Upon complefion of the Construcrion Documents Phase, the Architect shall provide Construction Documents for the Owner's approval and the Consiruction Manager's information. 2.4.4 The Architect shall assist the Owner and Construcrion Manager in the preparation of the necessary bidding information, bidding forms, the Conditions of the Conhacts, and the forms of Agreement between the Owner and the Contractors. The Arclutect shall assist the Conshucrion Manager in issuing bidding documents to bidders and conducting prebid conferences with prospective bidders. The Architect, with the assistance of the Construction Manager, shall respond to questions from bidders, and shall issue addenda. 2.4.5 The Architect shall assist the Owner and Conshuction Manager in connection with the Owner's 2.6.1 The ArchitecPs responsibIlity to provide Basic Services for the Constmction Phase under this Agreement commences with the awazd of the Contract for construction and terminates at the eazlier of the issuance to the Owner of the final Project Certificate for Payment or�9-Ekzys-akeF�he �ate s€ -Sul�st�ia� �e�letiea -e€ �he aVeFl� _ at Final Comnlefion as shown in Exhibit A Construcrion ManaQement Plan. 2.6.2 The Architect shall provide administration of the Contract for conshuction in coopera6on with the Conshucrion Manager as set forth below and in the edirion of AIA Document A201/CMa, General Condirions of the Contract for Consuuction, Construcfion Manager-Adviser Edition, current as of the date of this Agreement 2.6.3 Duties, responsibilities and limitarions of authority of the Arclutect shall not be restricted, modified or extended withom written a�reement of the Owner and Architect�'t� seasea8 -e€�he -Eea�aste�s -aa� �he -Eeas�uskea-A4anagef- 2.6.4 The Arctritect shall be a representative of and shall ALA DOCUIvIMENT B141/CMa - OWNER-ARCIIlI'ECT AGREEMEIVVT - CONSTRl7CTION MANAGER-ADVISER EDTITON - 1992 EDIITON - AiA - COPYRIGH'1' 1992 - THE AMERICAN INS'I'IT'O'I'E OF ARCfII'1'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violazes U.S. copyright lavrs and is subject to lenal prosecution. Elech�onicFormat B141/CMa-1992 User pocumenY. 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7!7/1999 — Page #3 advise and consult with the Owner (1) during construction until final payment to the Contractors is due, and (2) as an Addirional Service at the Owner's direction from time to time during the correction period described in the ConhacGS for Construction. The Architect shall have authority to act on behalf of the Owner only to Yhe elctent provided in this Ageement uniess otherwise modified by written instrument 2.65 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally fami]iaz with the progress and quality of the Work compieted and to deteimme in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contmct Documents. The Architect shall rovide 384 hours of on-site services. the Construction Manaaer shal m cooperarion with the Architect, schedule these services. However, the Architect shall not be required to make e�austive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observarions as an azciutect, the Architect shall keep the Owner and Consh�uction Mana�er_ informed of the pro�ess and quality of the Work throu2h written Field Renorts• and shall endeavor to guazd the Owner against defecu and deficiencies in the Work. (More eztensive site representation may be agreed to as an Additianal Service, as described in Paragraph 3.2.) 2.6.6 The Arclutect shall not have control over or chazge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precaurions and programs in connection with the Work, since these are the Contractors' responsibility under the Conffacts for Conshuction. The Architect shall not be responsible for the Contractors' schedules or failure to cany out ffie Work in accordance with the Conhact Documents. The Architect shall not be responsible for the performance by the Construction Manager of the services required by the Conshucrion Manager's agreement with the Owner. The Architect shall not have control over or chazge of acts or omissions of the Conuactors, Subcontractors, or their agenu or employees, or of any other persons performing seroices or portions of the Work. 2.6.7 The Arclutect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Communications by and with the ArchitecYs consukauu shall be through the Architect. 2.6.5 �ase� sa iha �}�skitests � -aa� �„�I...,«,..,,. ..F,..,,.�, r,...�...,..._ �., n.._i:., r _ n .�. The Arctutect shall review-ax�-se� the amounts due the 99-�y8 respecrive Contractors. 2.6.9.1 �e �s§itest� -se�sa�ea .� �� sessEitxie -a �ea -ts -cke �ef -l�ase� -ea �§e- �ee�s � -aE fi�a -s4is -as -gFev�e� -i� £uHg�ag§ 3�5 �a �he -�� -e� -� Eeask�s�iea � -aa� �a �§e �ata �g -� E +,._a_.. � e.._.r....,w,..... r.. n.......,._ �, ��o�vnnr� ti iC�!�.t. i.�....�.L.a.... :..F .-.�, t' F l. .,,a ....a .�.., i � c �. > > Y T °'�� ,..a.._,.,....:.�, a._ n �n. e D S �ie�are T'��e-aa-evaHiaHea�€�he�i�� se�e�se��ke�ea�as��ee�en�s-uges�- �.. ..i,.._ _ ....i«. _r....�..,,... _a : .... T r -�.°" r _ �iae� �iatiess -fFe� -t�e �ea�ae� �es�ea�s -serFesEa�le- gAeF-tefe�gleEiea-aa��e .=r_==..�a b}��he�k's�es�-�ke�ssxaaees€-a ��a3saea� enkitl^a � - ��-� � •� a � i �� 2.6.9.2 �e-�s„�ase�-a�e�sate-feF�a�ea� -'�- t�e arenrer�+r�tat —«�.... «�,,, n �, • x i� a w \ 1 eF �ceati�eas -ea-site �esHees -fe �keslF �§e �x� -e�- q�k�}= -s€ -Eke �1F -(�j -reviewe� �sHe� -a3e�� e�e�s-tes�gxes f33�e�iewe� segies �€ 3ec�u}siEieas -reesiNe� � � -as� �ateAa}-s��glieFS�-e�eF-Elafa-Fec�ueste��e-Bw�eFxe- �s�4iate �he -Eea�astefs �� e -�en� -eF .f4} �....i 0...... ..� F .� ..,l.,.t � ............. at,� !� l. .] ....i......:a .... ............. ..r«�.,. n c �r � 2.6.10 The Architect shall have authority, after notificauon to the Construction Manager, to reject Work wluch does not conform to the Conhzct Documents. Whenever the Architect considers it necessary or advisable for implementafion of the intent of the Contract Documents, the Architect will haue authority, upon written authorizarion from the Owner, to require additional 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 Construcrion Manager, Conhactors, Subcontractors, material aud equipment suppliers„ their agents or employees or other persons performing portions of the Work. 2.6.11 The Architect shall review and approve or take other appropriate action upon Contractozs' submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the desi� concept eapressed in the Contract Documents. AIA DOCUMENT S141JCMa - OWNBR-ARCFII'1'ECT AGREEMENT - CONSIRUCTION MANAGER-ADVISER EDTTiON - 1992 EDTiTON - AIA - COPYRIGHT 1992 - Tf� AMERICAN INS"['1"POTE OF ARCHI'I'ECTS, 1735 NEW YORK AVEM7E N.W, WASHINGTON, D.C. 200065292.; Unlicensed photocopying violates U.S. copyrigJrt laws and is subject m legal proseculion. Elech�onicFormat B141/CMa-1992 User pocument: 82426141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #4 The ArchitecYs action shall be taken with such reasonable promptness and �er a submittal schedule urenazed � the General Contractor and a�nroved the C� Owner and Architect as to cause no delay in the Conhactors' Work or in construction by the Owner's own forces, while allowing sufficient time in the ArchitecYs professional judgment to permit adequaYe review. Review of such submittals is not conducted for ihe pispose of determining the accuracy and completeness of other detxils such as dimensions and guantiries or for substantiating instructions for ins4allation or performance of equipment or systems designed by the Conhactors, all of which remain the responsability of the Conhactors to the e�2ent required by the Contract Documents. The AzchitecYs review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Arclutect, of construction means, methods, techniques, sequences or procedures. The Architecfs approval of a specific item shall not indicate approval of an assembly of wluch the item is a component. When pzofessional certification of performance chazacterisrics of materials, systems or equipment is required by the Contract Documents, the Architect shall be enfitled to rely upon such certificarion to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.72 The Architect shall review and sign or take other appropriate action on Change Orders and Conshucrion Change Direcrives prepazed by the Construction Manager for the Owner's approval and execution in accordance with the Conh�act Documents. 2.6.13 The Architect may authorize minor changes in Work not involving an adjusbnent in a Contract Sum or an extension of a Contract Time which are not inconsistent with the intent of the Contract Documenu. Such changes shall be effected by written order issued through the Conslruction Manager. 2.6.14 �he ^--�, -x�siste& � -the �ens��stie� A4axage�-ska}}-sex�ueF-i�sgeeEieas�e �eteaa�ae-tke�atesf �es -e€ �ia} � -�& -the �ate �€ � seae�leEiea- �ke �tskites6 � �� -te -Eke � �ies-aa� -s� �Ha�s -Fe�e� � �e �ea�as�- �� €eF-�a�ea6-t�ea �effigliaase �k-�e-Feg�e�ea�s�€-�e EeairasE-Bes�aea�s The Architect shall assist the CM in conductine insoections to determine the daTes of Substantial Comnierion and Final Comvletion. The Arclutect shall review and take other �propriate acrion on Contractor suoolied oneration and maintenance manuals� ecauioment wairanries and similar submittals reauired � the Conhact 99-7 yg Documents which have been received from the CM . 2.6.15 The Arclutect shall �tefgre�-aa�l�esi�e assist the CM in intemreting and decidina matters conceming performance of the Owner and Contractor under the requizements of the Contract Documents on written request of either the Owner or �a�ete� Construction Manaeer. T1ie Arciritect's response to such requests shall be made with reasonable promptness and witUin any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably mferable from the Contract Documents and shall be in writing or in the form of drawings. When maldng such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractors, shall not show partiality to either, and shall not be liable for resulu of interpretarions or decisions so rendered in good faith. 2.6.17 The ArchitecYs decisions on matters relating to aesthetic effect shall be finai if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect, if reauested � the Owner shall render written decisions within a reasonable time on all claims, disputes or other matters in quesfion between the Owner and Contractors relating to the execurion or progress of the Work as provided in the Conhact Documents. 2.6.79 �ke �rskitest� -�esisiess �a clais3s �tes s�- ) b aa��ea#asteFS�gE-feF-tliese�g-Ee-aes#ketis �r� as � -ia � -�.�i.-17 s�all �e -su�ijec� �a �nl�;:...ti,.« ., ..:a,.a :., a.:., n ............._ ..a :_ a, n�_. �es�unea�s- ART{CLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 aze not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Ageement, in addition to the compensarion for Basic Services. The services described under Pazagraphs 32 and 3.4 sha11 only be provided if authorized or confiimed in writing by the Owner. If services descnbed under Contingent Additional Services in Paragraph 3.3 are required due to � AIA DOCiJMEN1' BI41/CMa - OWNER-ARCIIII'ECT AGREEMb1VT - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA - COPYRIGHT 1992 - THE AMERICAN INS111'il'IE OF ARCIIlTEC"fS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photowpying violates U.S. copyright laws and is subjea to legal prosecuUOn. ElectronicFormat B1411CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #5 �g�� amibi�uities or omissions or etrors that aze not the fault of the Architect or circumstances beyond the ArchitecYs conitol, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services descnbed under PazaL aph 3.3 aze not required, the Owner shall give prompt written notice to the Architeck. If the Owner indicates in writing that all or part of such Contingent Additional Services aze not required, the Architect shall have no obliaation to provide those services. 3.12 Services reuuired due to ambi�uities, omissions or inconsistencies in the plans and snecifications for wluch the Arclutect has been found liable or circumstances within the conuol of the Architect shall be nrovided at no additional cost to the Owner. 3_13_ Inasmuch as a new buildine requires that certain assumntions be made reeardin� existina buIldine or site coudirions, and because some of these assumptions cannot be verified without exnendine ezeat sums of additional monev, or destrovine otherwise adequate or serviceable oD rti0II5 of the sit ,e the Owner aerees that, excent for neeligence on the part of the Desi�n Professional, the Owner wfll hold harmless and_indemnifv the Desim Professionat from and a¢ainst anv and all claims. damaees, awazds, and costs of defense arisine out of or relatin¢ to claims an from existine buildine condirions or eadstin� subsurface conditions. The Owner specificallv a2rees that urofessional fees for work associated with reasonable unforeseen existine buildin¢ or subsurface conditions shall be an addirional service. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representarion at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in canying out such addiUonal on-site responsibili6es. 3.2.2 Project Representarives shall be selected, employed and directed by the Arciutect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitarions of authority of Project Representarives shall be as described in the edi6on of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. obligarions of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENTADDITIONALSERVICES 3.3.7 Making substantial _ revisions in Drawings, Specifications, or other documents when such revisions are: .7 inconsistent with approvals or inshuctions previously given by the Owne�, including revisions made necessary by adjus�enu in the Owne�'s pro�am or Project budget; .2 �egueste��}�e�waeF�esatrse�§e�ea�sYie� n�a .......... ....« ,.r � .. �,.... �. �}Tm_x_!c-i...,ta « .......t, ....,,t, o .. V -_ _ _"__;y.. .. ...__ _"__.... ... .._ .... 6 -}731Li3Yf� � -T.�i9 �Y264 �ff 368�, , ; .3 required by the enachnent or revision of codes, laws or regulations subsequent to the preparation of such documenu; or .4 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including but not limited to, changes in size, quality, complexity, the Owner's or Construction Manager's schedule, or the method of bidding or negotiating and contcacting for construction, except for services requized under Subparagraph 5.23. 3.3.3 Preparing Drawings, Specifications, and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Cttange D'uecfives. 3.3.4 Providing services in connection with evaluating substitutions proposed by Contractors a8er bid and making subsequent revisions to Drawings, Specificarions and other documenbrion resuking therefrom. 3.3.5 Providing consuitarion concerning replacement of Work damaged by fire or other cause during cons7uction, and fumishing services required in connection with the replacement of such Work. 3.2.3 Through the observations by such Project Representatives, the Arclutect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the fumishing of such project representarion shall not modify the rights, responsibilities or 3.3.6 Providing services made necessary by the termination or default of the Construcfion Manager or a Conhactor, by major defects or deficiencies in the Work of a Conhactor, or by failure of performance of either the Owner AIA DOCi7�g1VT B141/CMa - OWNER-ARCFIlTECT AGREEMENT - CONSIRUCTION MANAGER-ADVISER EDTITON - 1992 &DITION - AIA - COPYAIGHT 1992 - TI-IE AMERICAN INSITITTCE OF ARCFII'lEC1S, 1735 NEW YORK AVENtJE N.W., WASfllNGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyrigh[ laws and is subjec[ W Iegal prosecution. ElectronicFormat B141fCMa-1992 User pocument: 82426141. DOC — 6/11/1999. AIA License Number 102500, which expires on 7!7/1999 — Page #6 9 9- 7 5�8 or a Con4actor under a Contraa for Conshvcrion. 3.3.7 Providing services in evab�afino an ez�ensive number of claims submitted by a Contractor or othe� in connection with the Work. 3.3.8 Provid'mg services in connection with a public hearing, arki�iea dispute resolution proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for a#eFaata separate or sequential bids or providing services in connection with bidd'mg, negotiarion or construction prior to the complerion of the Construcrion Documents Phase exceut as noted m Eaclubit A- Cons�ucrion Manaeement Plan. 33.10 Providina more than 12 hours attendine meetin¢s for the ose of discussine and disseminatine information to the Public. the Owne�'s own forces and coordination of services required in connection with conslruction perfoimed and equipment supplied by the Owner. 3.4.9 Providing services in connection with ffie work of sepacate consultants retained by the Owner. 3.4.10 Providina estmmates of Conshuction Cost 3.4.11 Providing detailed quanrity surveys or inventories of material and equipment. 3.4.12 Providing analyses of owning and operaring costs_ unless ]ife cvcle analvsis is rectuired to make desi� decisions at the discretion of the Architect and/or Eneineer. 3.4.13 Providing interior design and other similaz services requited for or in connecrion with the se�eetiea procurement or installation of fiuniture, fiunishings and related equipment. 33.1 I Makin¢ chanees to the documents rewired as a resuk of uDdatine or amen ' the Construction Manaeement Plan as �rovided for in Article 12.1.4. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project 3.4.2 Providing fmancial feasibility- or other special studies. 3.4.3 Providing planning surveys, site evaluations or compazative studies of prospective sites. 3.4.4 Providing special surveys, env'uonmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment 3.4.6 �evidiag�,��-te-ia�est�ate�isgagcex�ieas- Providin¢ services to make measured drawines of existing condirions or facilities 3.4.7 Providing services to verify the accwacy of drawings or other infozmarion fiunished by the Owner. 3A.8 Providing coordinarion of conshvction performed by 3.4.14 Providing services for planuing tenant or rental spaces. 3.4.15 Making investigarions, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.76 Preparing a set of reproducble record drawings showing significant changes in the Work made during conshvction based on mazked-up prints, drawings and other data fumished by Contractors. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, prepazation of operauon and maintenance manuals, training personnel for operarion and maintenance, and consultation during operntion. 3.4.18 Providing services after the earlier of the issuance to the Owner of the final Project Certificate for Payment, or after Final Comnletion as shown in E�ibit A- Construction ManaEement Plan. _ ia -khe -abseaee -e€ -a €aa} �ejeet- Se�ES-€eF-Pa3�ea��e�-69�}ays-a�teF-�e�late�€ 3.4.19 Providing seroices of consultants for other than azchitectural, structural, mechanical and electdcal engineering portions of the Project provided as a part of Basic Services excent as stated in Article 12. 3.4.20 Providing any offier services not otherwise included AiA DOC[JMENC B141/CMa - OWNER-ARCIIl'I'ECT AGREEMENI' - CONSIRUCTION MANAGER-ADVISER EDTIYON - 1992 EDTITON - AIA - COPYRIGHT 1992 - THE AMERICAN INS"1'Cl'OTE OF ARCIIlTECTS, 1735 NEW YORK AVENUE N.W., WASFiAIGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright Iaws and is subjec[ to legal prosecution. ElectronicFormat B141/CMa-1992_ User pocument: 82426141.DOC — 6/11l1999. AIA License Number 102500, which expires on 7/7l1999 — Page #7 in this A�eement or not customarily furnished in accordance with generally accepted azchitechual practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide fiill information regazd"mg requirements for the Project, including a pro�am wluch shall set forth the Owner's objectives, schedule, consffaints and criteria, inciuding space requirements and relarionships, fle�bility, expandability, special equipment, systems, and site requ'uements. 4.2 The Owner shall estabLish and update an overall budget for the Project based on consultation with the Construction Manager and the Architect, which shall 9nclude the Conshuction Cost, the Owner's other costs and reasonable contingencies relazed to all of these costs. 4.3 If requested by the Azchitect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to ffie Projec�t. The Owner or such authorized representarive shall render decisions in a timely manner pertainiug to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner sha11 retain a conshuction manager to administer the Project. The Conslrucrion Manager's services, duties and responsibilities will be as described in the edition of AIA Document B801/CMa, Standard Form of Ageement Between Owner and Construction Manager, current as of the date of this Agreement. The Terms and Condirions of the Agreement between Owner and Construction Manager shall be fumished to the Arciutect and shall not be modified without written consent of the Arclutect, which consent shall not be unreasonably withheld. The Architect shall not be responsible for actions taken by the Construction Manager. 4.6 The Owner sha11 fumish surveys describing physical characteristics, legal limitations and urility locarions for the site of the Project, and a written legal descriprion of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and siructures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restricrions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to e�stin� buildings, other improvements and trees; and 9 9-��8 information conceming available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.7 The Owner shall fumish the services of geotechnical en�neers when such services aze requested by the Architect Such services may include but aze not limited to test borings, test piu, determinations of soil bearing values, percolation tests, evaluarions of hazardous materiaLs, and gound coaosion and resistiviTy tests, including necessary operations for anticipating subsoil conditions, with reports and appropriaze professional recommendations. 4.7.1 The Owner shall fumish the services of other consultants when such services aze reasonably required by the scope of the Project and aze requested by the Architect. 4.8 The Owner shall fumish structutal, mechazucal, chemical, air and water pollurion tests, tesu for hazardous materials, and other laborntory and environmental tests, inspections and reports required by law or the Contract Documents. 4.9 The Owner shall fiunish all legal, accounting, and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Conh�actor's Application for Payment or to ascertain how or for what pwposes the Contractor has used the money paid by or on behalf of ffie Owner. 4.10 The services, infoanation, surveys and reports required by Pazagraphs 4.6 througJi 4.9 shall be fumished at the Owner's expense, and the Architect shall be entifled to rely upon zhe accuracy and completeness thereof. 4.11 Prompt written notice shall be given by the Owner to the Architect and Conshuction Manager if the Owner becomes awaze of any fault or defect in the Project or nonconformance with the Contract Documents. 4.12 The proposed language of certificates or certifications requested of the Architect or ArclutecPs consultants shall be submitted to the Arclritect for review and approval at least 14 days prior to execution. The Owner shall not reguest certificafions that would require lmowledge or services beyond the scope of this Agreement 4.13 The Owner shall furnish the required information and services and sha11 render approvals and decisions as expediriously as necessary for the orderly progess of the Architect's services and Work ofthe Conhactors. AIA DOCi7MEN'C B141/CMa - OWNER-ARCFII'I'ECT AGREEMENT - CONSTRUCTION MANAGER-ADVISEA EDITION - 1992 EDIIION - AIA - COPYRIGHT 1992 - TI-IE AMERICAN INS'PI1'[)T'E OF ARCEIlTECTS, 1735 NEW yORK AVENUE N.W., WASHING'LON, D.C. 20006-5292.; Unlicensed photricopying violates U.S. copycight laws and is sub}ec[to legal prosewtion. ElectronicFormat B141/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #8 99-7<f P 4.14 The Owner shall fumish the Architect copies of written comwunications with the Construction Manager and Conhactors necessarv for the orderlv pro¢ress of the Architect's Services. ARTICLE 5 CONSTRUCTION COST 5.7 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Arclutect 5.7.2 The Construction Cost shall include the cost at current mazket rates of labor and materials fumished by the Owner and equipment designed, specified, selected or specially provided for by the Arclutect, plus a reasonable allowance for the Contractors' overhead and profit. In addirion, a reasonable allowance for contingencies shall be included for mazket conditions at the time of bidding, as�-€ef skaages-ia�he�ei -Eeask�ea ska� -a}Se -�e -t�e �effigeasaEiea -e€ -�e � 5.1.3 Conshvction Cost does not include the compensarion of the Architect and Architec4s cansuttants, the costs of the land, righu-of-way, fmancing or other costs which aze the responsibility of the Owner as provided in Pazagraphs 4.1 through 4.4 and 4.6 Uuough 4.14. 5.1.4 The Conshvcfion Cost Budeet shall be the bu et approv� � the Owner and included in Elchibit A Construction Mana2ement Plan. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 The ArchitecPs review of the Owner's Project budget and of preliminary estimates of Consirucrion Cost or detailed estimates of Construction Cost prepazed by the Conshucrion Manager is solely for the ArchitecYs guidance in the Architect's prepazarion of the Construcrion Documents. Accordingly, ffie Arclutect cannot and does not wairant the accuracy of the estimates of the Construction Manager, or wanant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Conshuction Cost or evaluarion reviewed by the Arclutect consUVCtion budaet. 5.2.3 �a �he -evea� -tka� �e �e�sHe�t �s esEi�ate-e�-t§e-le�vesE-Heaa�e �sf-aege�iate�-gFegesat- �eeei�e� -63� -tke -9waeF �see�s -ihe -9�aet'� -�eE � �easess � �§aa -�kese �,�Q -ia � � �ge- �d:�,..,e:,.., .,r r....._.,... r,..... x n �. �tec�s -�esges� �ke �e�tesE � �e � �a ee�geasa�iea -i� �,.,.'�� -i§is n�re�.-_' � -a& 5 ,,...:,.e.. .,,.� �.,.., ._.,.,,.,... ,. ,. � se�eaee� If the fixed limit of Conshucrion Cost is exceeded bv ffie lowest bona fide bid or ne�otiated nronosal the Owner shall:�_ - ve written approval of an increase im such S1ced 1� 2�_ authorize rebidd'm¢ or reneeotiatine of ffie Proiect within a reasonable� �_ if the Proiect is abandoned terminate in accordance with Pardffaph 83: or Al coonerate in revisine the Proied scooe and uualitv as reouired to reduce the Construcrion Cost 52.4 If 'the Owner chooses to rp oceed. under Clause 52.3 the Architect shall modi the Contract Documents as necessarv to com�lv with the fixed 1� without additional costs to the Owner. The modificarion of Conhact Documenu shal] be the limit of the ArchitecYs resoonsibilitv arisin out of the establishment of a fixed limit. The Arclutect shall be entitled to comnensation m accordance with this Aereement for all services nezformed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECTS DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specificarions and other documents prepared by the Architect for this Project aze instruments of the ArclutecYs service for use solely with respect to this Project and, unless otherwise provided, the Arclutect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved righu, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies and electronic files, of the ArclutecYs Drawings, Specificarions and other documents for informa6on and reference in connection with the Owner's use and occupancy of tlie Project. The ArclutecYs Drawings, Specifications or other documenu shall not be used by the Owner or others eF for completion of this Project by others, unless the Arclutect is adjudged to be in defauit under this Agreement, except by agreement in writing and with appropriate compensa6on to the Architect. 5.2.2 A�e fised limit of Conshvction Cost shall be established as a condirion of this Agreement and is included m E�ibit A_ Conshuction Manaeement Plan as the 6.2 Submission or distriburion of documents to meet official regutatory requirements or for similaz purposes in AIA DOCUMENT B141/CMa - OWNER-ARCHITECT AGREEMENT - CONSIRUCTION MANAGER-ADV[SER EDTTtON - 1992 EDITION - AIA COPYRIGHT 1992 - TI-IE AMERICAN INS111'0"IE OF ARCIiIT'ECTS, 1735 NEW YORK AVEN[JE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. wpyright laws and is subject to legal prosecution. Elech�onic Format B1A1/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #9 connection with the Project is not to be consfrued as publication in derogaTion of the ArchitecYs reserved rights. ARTICLE 7 ARBITRATION 7.1 Elaiffis �utes -eF �tkeF -�atters -ie � �6YiV2Eff �tB �S �6 -Y�35 n--�P__ -�� }i� 6�-9f �elat�-fe-t�is ' te � �esi�le� -�y � -� � ivit§ -tiic� Eeas�ue�ea � �kkit�aziea �les s€ �he �eriea� t1�i�aSiea�ssesi��iea��eat��a-e�'ee,��eless�e �ie� �y -a�ee sN3e�wise Reolace the term "ARBITRAT'ION" in the ritle of this article with "DISPiJT'E RESOLUTION" 7.2 the �eF -�}-te �3tis �ee�ea�-�-iviEk �e � tl�kitra�iea �4ssesiaEie� z4 �ea�as�-£eF a�it�atiea s3�a� �e- �tac�e -wi� -a-reasexab�e �e -afreF -the �1.� -�is}�Ee � et�eF �atEef �a �est� -kas -a�ises: � �e -eveaE � � s�a4�tes�€�aHens All claims disnutes and other matters in uestion between the Owner and ArchitecC arisine out of or relatine to• this Aereemetrt shail be settled� a court of comuetent jurisdiction, vrovided said cla� di�snute or other matter in auesrion cannot be settled bv direct discussion nrior to leQal proceedines._ Owner herebv consents to iurisdiction of said court 7.3 �ie -azkifca�iea ,�isiag �teE -e€ � -Felat�ag -te -f#� t�eemeaE-ska�-iasl�e -k}`�aseli�aHe��-e�-itx-aa3'- �� re€eFeaee-te�is�reea�eaE-sigae�-�-tke�waef�tee� arkik3tiea�g�u�-geFSea�-eaHt��kal�-ae� e -�ersea -ef �g -ae� -a�e� � -�ess�Hec� � �ke- €eregeiag -ag�ee�etx4 -te -�ate � � -agree�nea#s -ta � �ke �es �e -�xis -�eea�ea� -ska� �e � ea€erseal�le-ia-asse��ase�vitl�-aggkealile-law-ia,az33� �# �in� }tufs&iet�ea tkeFee€ 7A �e-awaz��eadeFe�-by-the-arkit�aEeF�-arki�rateFS- s§al� -He -€a,a� � -"'�ee� -raa� -ke �atere�F ��ea � -is- asseFdaaes -w�tk -a�gkSaHle -k� -ia � �se�u� -§ai�ag- E"?`rr e rs9e�es'-+eT�a 99-7Sf8 ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 'I'his Agreement may be terminated by either party upon not less than seven days' written norice skeul�-t§e-e�- �H3` -fa� � -te �et� -i� -aece�e �iEk •�- teFS3s �€ �s -t�ee�ea� �ex�� -ae -€at�l� �€ �e �- a , � p � 8.2 Qd Tf the Proj��i.s suspended by the Owner for more �han��fl consecutive days, the Arc]utect shall be compensazed for services performed prior to notice of such suspension. When the Project is resimied, the Arclutect's compensation shall be equitably adjusted to provide for expenses incurred in ffie interruption and resumption of the ArchitecYs services. 8:3 This Agreement may be terminated by the Owner upon not less than seven days' written norice to the Architect, }e -tke �veaE �-Ehe �ejes� �s -ge�eat� �eae�: _ Unon receint of snch norice, the Architect sha unless the notice directs othenvise. immediatelv discontinue all services and shall instruct its subconsultants to do the same. _ The Owner and Architect shall mutuallv determine if there aze anv services�et incomnlete wlrich should be finished in order to brina the nroiect to an anurouriate uoint of tezmination. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 Ifthe Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written norice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the norice, the suspension sha11 take effect without fiuther no6ce. 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. 8.6 In the event of terminafion not the fault of the Arclutect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due or resukine from ternunarion. at� -all- 8.7 �ea -£�geases -are �a �iea -t� AIA DOCUMENI' B141/CMa - OWNER-ARCFIlTECf AGREEMENT - CONSIRUCITON MANAGER-ADVLSER EDTTION - 1992 EDiTtON - AIA - COPYRIGHT 1992 - Ti-IE AMERICAN INSTI1"U"1'E OF ARCHI1'ECTS, 1735 NEW YORK AVENUE N.W., WASFIlNGTON, D.C. 20006-5292.; Unlicensed phomcopying violazes US. copyright laws and is sub}ect m legal pcosecution. ElectronicFormat B141/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #10 9 9-7� � �� essesska�l�-be�e�guted-asa-gersea�age-e�- t�e -Eefa� -se�geasaE�ea � -�asis -Se�ases -aa� z4A�ibieaa� .1 �wea� 966HES�...r .,. ,._ a..,_.. .�... __,.a,,..:.... .. _a....:.. a own forces. 9.5 The Owner and Arclutect, respectively, bind themselves, their partners, successors, assigns and legai representatives to the other party to this A�eement and to the parmers, successors, assigas and legal representatives of such other pazty with respect to all covenants of this Ageement Neither Owner nor Arclutect shall assign this Agreement without the writTen consent of the other. .2 t�igeaa� �� ae� �e �ate �€ � �� > .3 �ea�! �� -te �ate -i€ � ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, tiils Agreement shall be governed by the law of the place where the Project is located 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201/CMa, General Conditions of the Contract for Conshuction, Construction Manager-Adviser Edition, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence m run not later than either the date of Substanrial Completion for acts or failures to act occurriug prior to Substantial Completion, or the date of issuance of the final Project Certificate for Payment for acts or failures to act occurring after Substantial Complerion. 9.4 The Owner and Arclutect waive all rights against each other and against the Construcrion Manager, Contractors, and the consultants, agents and employees of any of them for damages, but only to the extent covered by property insurance during construcrion, except such righu as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of ffie date of this Agreement. The Owner and Arclutect each shall require similaz waivers from their Consuuction Manager, Contractors, consultants, a�ents, and persons or enriues awazded separate contracts administered under the Owner's 9.6 Tlvs Agreement represents the entire and integated agreement between the Owner and Architect and supersedes all grior negotiations, representations or aa eements, eidaer written or oral. This Ageement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in the Agreement shall create a conhactual relationslup with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Arclutect and ArclutecPs consultants sha11 have no responsibiliry for the discovery, presence, handling, removal Qr disposal of or exposure of perso�s to hazardous materiats in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representations of the design of ffie Project, inciuding photographs of the exterior and interior, among the ArchitecYs promotional and professional materials. 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 spec�c informafion considered by the Owner to be co�dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promorional materials for the Project. 9.10 The cirv of Saint Paul's Affinnative Action/Ectual Emnlovment Opporiunitv Reauirements for Non-Construction Contracu are made nart of this aa�eement. See E�ibit C. 911 _ The Architect shall wazrant thev are Yeaz 2000 comnliant See Eachibit E. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE AiA DOCLJMEN'C B141/CMa - OWNER-ARCHITECT AGREEMEN'I' - CONSTRUCTiON MANAGER-ADVISER EDTIYON - 1992 EDI170N - ALA - COPYRIGHT 1992 -'ITIE AMERICAN INS1T'I'O'1'E OF ARCiSl1'E('fS, 1735 NEW YORK AVEN[JE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S copyright ]aws and is subject to legffi prosecu5on. ElectronicFormat BI41/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #11 99 8 10.1.1 Direct Personnel Expense is defined as the direct salaries of the ArclutecYs personnel engaged on the Project and the portion of the cost of their mandatory and customary contriburions and benefits related thereto, such as employment taxes and other statutory employee benefits, incnrance, sick leave, holidays, vacations, pensions and similaz contributions and benefiss. 10.2 REIMBURSABLE EXPENSES made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subpazaa aph 11.2.2. 10.3.3 If and to the extent that the time inirially established in Subparagraph 2.6.1 �� of this Agreement is exceeded or eatended through no fault of the Architect, compensarion for any services rendered during ihe additionai period of time shall be computed in the manner set forth in Subparagaph 11.32. 10.2.1 Reimbiusable E�cpenses aze in addition to compensafion for Basic and Additional Services and include eacpenses incurred by the Architect and ArcFutecYs employees and consultants in the interest of the Project, as identified in the following Clauses. 10.2.1.1 Expense of transportation In connection with the Project; elcpanses in connecfion with authorized out-of-town travel; long-distance communica6ons; and fees paid for secnring approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage, e�cpress deliveries, electronic facsimile transmissions and handling of Drawings, Specificarions and other documents. 70.2.1.3 �€�-ia-advaxse-by-tke�svsef� 10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limiu, including professional liability insurance, requested by the Owner in excess of that shown in E�ibit B. 10.2.1.6 �gease s€�de� -�esige � �g- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 1Q3.1 An initial payment as set forth in Paragraph I1.1 is the minimum payment under this Agreement. 10.3.2 Subsequent gayments for Basic Services shall be 10.3.4 When compensation is based on a percentage of Consuuction Cost and any portions of the Project aze deleted or otherwise not constructed, compensarion for those portions of the Project shall be payable to the extent services aze performed on those portions, in accordance with the schedule set forth in Subpazagaph 11.2.2, based on (1) the lowest bona fide bids or negotiated proposals, or (2) if no such bids or proposals are received, the most recent estimate of Construction Cost prepazed by the Construction Manager for such portions of the Project 10.4 PAYMEPJTS ON ACCOUNT OF ADDITIOtJAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Payments on account of the Arc2ritecYs Addirional Services and for Reimbursable Expenses shall be made monthty upon presentarion of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.7 No deductions shall be made from the Architecfs compensarion on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECTS ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and eacpenses pertaining to Additional Services and services performed on the basis of a mulriple of D'uect Personnel Expense shall be available to the Owner or the Owner's authorized representa6ve at mutually convenient times. ARTICLE 17 BASIS OF COMPEIJSATION The Owner shall compensate the Architect as follows: AiA DOCUMENT' B141/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCITON MAIVAGER-ADVISER EDTITON - 1992 EDITiON - AIA - COPYRIGHT 1992 - Tf7E AMERICAN INSTI'1'U'IE OF ARCHI1'ECTS, 1735 NEW YORK AVENtJE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photoCOpying violates U.S. copyrigLt laws and is subject to tegal pwsecufioa Electronic Format BI41/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7/7/1999 — Page #12 9 7 r � � � 17.1 AN INITIAL PAYMENT of No Dollars ($ � shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR SASIC SERVICES, as descnbed in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensarion shall be computed as follows: (Insert basis aj compensation, induding s[ipr�7¢ted sums, rwltiples or percentages, mrd identify phases to which p�ticulm methods of compens¢tion apply, if necess�y.) Sti�ated Sum of Five Hundred Ninetv'ILree Thousand Tiuee Hundred Three Dollars ($593.303.00). 11.2.2 Where wmpensaiion is based on a stipulated sum or percentage of Construction Cost, pro�ess payments for Basic Services in each phase shall totai the following percentages of the total Basic Compensation payable: (/ruert ¢dditional phases as appropriate.) Schematic Desi�nn Phase: DesiBn Development Phase: Consh�uction Documenu Phase: Bidding or Negouafion Phase: Seventeen percent ( 17 %) Ei teen percent (18 %) F� percent ( 40 %) Five percent ( 5 %) Conshuction Phase: Twen percent ( 20 °/a) o asic ompensa ion one un e percen a 11.3 COMPENSATION FOR ADDITIONAL SERVICES 17.3.1 FOR PRO7ECT REFRESENTAT70N BEYOND BASIC SERVICES, as described in Pazagraph 3.2, compensarion shall be computed as follows: Sfipulated Sum or hourlv, based on E�ibit D Schedule of Fees, when auproved in writine bv the Owner. 11.3.2 FOR ADDITTONAL SERVICES OF TFLE ARCffiTECT, as described in Articles 3 and 12, other than (1) Addirional Project Representarion, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Sezvices, but excluding services of consukanu, compensarion shall be computed as follows: (lnsert basis oj compensation, incZuding rates and/ar multiples of Direct Personnel Fapense for Principals mu! employees, tmd identijy Principals mul class� employees, if required. Identify speci,fic servicea io which particulm meihods of campenration appty, if necessmy.) Sfinulated Sum or hourlv, based on attached Schedule of Fees, when annroved in writind bv the Owner. 11.3.3 FOR ADAITIONAL SERVICES OF CONS[3LTANTS, including addirional slructural, mechanical and electrical engineering services and those provided under Subpazagraph 3.4.19 or identified in Article 12 as part of Addi6onal Services, a mulriple of one (1_0 ) rimes the amounts billed to the Arclutect for such services. (/dent� specific types of consukants in Ar[icle 72, if requised) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIIvIBURSABLE EXPENSES, as described in Paragaph 102, and any other items included in Article 12 as Reimbursabie Expenses, a mul6ple of one ( I.0 times the e�enses incurred by the Architect, the ArchitecPs employees and consultants in the interest of the Project for a euarauteed malcimuna nrice of Five Thousaud Dollars ($5,000.001. 11.5 ADDITIONAL PROVISIONS 11.5.1 �-��ASI6 -c§is ( ) tlu�euak -ae -fat�i� -e€ �e -A�e#ites� �cteasies -e€-�e -�fesfs -se�ises �ieyea� -tkaE -tin3e skal} -be �ea�}3ea,ate� �s -gee�a� -ia- S .,i....,....,._....u.. , n� z....a ,, z � 11.5.2 Paymenu are due and payable Tliirtv ( 30 ) days from the date of the Architect's invoice. Amounts unpaid �( 30 ) days after the invoice date shall bear interest at the nte entered below, or in the absence thereof at the legal rate prevailing from time A[A DOCLIMENT B141/CMa - OWNER ARCffiTF.CT AGREEMEN'P - CONSIRIICTION MANAGER-ADVISEft ESJTSTON - 1992 IDTTiON - AiA - COPYRIGHT 1992 - Tf� AMERICAN INS111'UT'E OF AKCI-Il'I'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photowpying violarc U.S. copyright laws and is subject to legal prosecution. ELec�onic Format B141/CMa-1992 User pocument: 8242B141.DOC — 6/11/1999. AIA License Number 10250Q which expires on 7/7/1999 — Page #13 9'9-7 yB to time at the principal place of business of the ArclutecK. (Iruert rate of interest ¢gre¢d uporz) 1.5%/jVZOIl2(i. (Usury laws and reguirementr wider the Federal Truth in Lending Act, similm state mut local counoner oedit laws mrd other regulntions at the Ormer's mui A>chitecPsP�incip¢I places of buriness, the locatiors of the Projecf �md elsewhere may affect the validity oflh'u provisian Spec�c leg¢I advice should be obtained with respect to deletions or mod�caliarzs, mrd also reg�drng reguirementr such as wriners disc[omves or waivers) 1 t.5.3 'Che rates and muiriples set forth for Addirional Services sLall be annually adjusted in accordance with normal salary review pracrices of the Architect ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descripfrorzs of other servires, ident3fy Additionat Services inctvded withm Basic Compens¢tion, mxd insen mod�ca6ons to the payment and compens¢tion terms inclvded in this Agreement.J 12.1 Additional Services 12_l.l Develonment ofplans necessarv to accommodate nhasina of the construction._ Howlv not to exceed $20,000.00._ Not to excee�alue will be revised uoon definine of phasine reauirements. 12_1.2 Inventorv existine fumishines, develon details for refurbishin¢ as necessarv. Hourlv not to exceed $6 700.00 12_13 Documentine e�stine conditions, verifving accuracv of existine drawinas_ testin¢ existin¢ material to determine anuronriate metho�of restoration. Hourtv not to exceed $45,110.00. 12_I .4 Develop Buildine Proezam and establish eauioment needs. Hourlv not to exceed $10.826.00. u,. �� ,��- � i- . ,i . � � . -. -� � �i,. - i- �.n- .�. � - i ..i �. ... e��. -� y�,i• � �- � .u '. - -� � �- �ui .� ... � . •� � '� ,� ,�� e��, -• C - u'� • . � , .� � . .' �-��'� . �� ,� . i �i, - . - �•i -� i . �� - � �• - ,�� .n � .e�� - �n� u � - �-�� , �� i �i n. �i U.�,� <i � � i • i' •u�' '� �u'i U, i'� - ' � - . � u,�.•'u'� � ��u. •i 'n u, �. _ '� ,�. i'� ,�- �� i r i' • u� - �� n. e�i U.i. ,i� : i ,�� - �� ' i ��.�r. -� � � i �i ei. �� u.�,• ,i � �u�. ,u .�. �� - .. s � .r� ' Y� � 'y i, � i - ..i� u, � , i '�' .. s i ,i - i' �.n ' .�� - � � �' �i . . i7 , u .1�' a ♦ .'w �li�'1 . �1 , .. 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AIA DOCUMENT B141/CMa - OWNER-ARCFIII'ECT AGREEMENT - CONSTRUCTtON MANAGER-ADVISER ED]'CION - 1992 EDITION - AIA - COPYRIGHT 1992 - THE AMERICAN INSTTT[7TE OF ARCIIl"i'ECTS, 1735 NEW YORK AVEN[JE N.W, WASHINGION, D.G 20006-5292.; Unlicensed photocopying violates U.S_ copyaght laws and is su6ject m legal pmsecution. Elech�onicFormat B141/CMa-1992 User pocument: 8242B141.DOC — 6/11l1999. AIA License Number 102500, which expires on 7/7/1999 — Page #14 ♦ � I � ••' 1� 1� .1� 1•. r ��. ..'1 'I1� �.1� 1 • •1� �� • � � � \' '� 1�11 11 1 1 1.1� 1 'll� ..1� � �1 . 1_ 1 11. "�a ♦� I 1` 1 1' _'ll 1 1.. 11�� '.• p�1 1' 1' �• .. 11 .Y. . .�'1 ' / �.It.! �.� 1 1�11 � 1 . 11.11" - '1 � 1 ".��Y. 1 I t' 1.1� 1 'll � �'1�� . � • �'Y� . �- � � �� 1 � 1�J 1. . �� .c 1 al � ..�� I .1� .I� . -- .1 In 11 1..1� 1 � "111 � ...-7� .. �:t� � •� . � � �- �,., �� . - i . � - , � �-. � . . � � - .t 7.- � - - - s u - 1�- � =e i, i� .' 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OWNER (Signahve) (Prin[ed xame mrd litle) ARC TECT � i ) (Printed name and ti77e) AIA DOCUMENT B141/CMa - OWNER-ARCIIlIECT AGREEMEN'1' - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDI7TON - AIA - COPYRIGHT 1992 - THE AMERICAN INS"1T'1'OTE OF ARCHITECTS, 1735 NEW YORK AV£NUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying viotates U.S. copyright laws and is subject W legal pzosecstbon. Eleclronic Format Bi41/CMa-1992 User pocument 82426141.DOC — 6/11/1999. AIA License Number 102500, which expires on 7!7/1999 — Page #16 9'9'7y�8 Exhibit A ST. PAUL PUBLIC LIBRARY REWOVATION AND ADDiTiON St. Paui, MN CONSTRUCTION MANAGEMENT PLAN 12 May 1999 99-��8 TABLE pF CONTENTS 1.0 Project Description 1.1 Program Requirements 1.2 Project Organ¢ation 2.0 Project Requirements 2.1 Budget/Financial 22 Master Schedule 2.3 Bidding Strategy 2.4 Design Document Requirements 3.0 Project Directory H:�cu�e.oieas�szazse��cm�aN.ao� 2 9'9�7�8 7.0 Project Description The project addressed in this Construc5on Management Plan is the renovation and addfion to the St Paul Pub4ic Library. The renovatian of the West wng includes removai of the ewsting stacks and construction of new floors to accommodate books and periodicals, study carrels and computer access. Both the East and West wings will include cleaning and refurbishing of the e�dsting stone and plasfer, upgrading mechanical, lighting, fire proteetion, power and data systems. The addition wili be located on the Keliogg side of tfie buiiding and wiil house a lobby, coffee shop and fheater. Construction will be phased and the building will remain open during construction. Bid aitemates wiil be establ�shed to protect the construction budget without compromising the essential program requirements. The budget, as established by the Library and the funding commitrnents, shali not be exceeded. Any requests resulting in a cost increase, above that anficipated by the established budget, must be offset with at least an equal amounf of cost reduction in some other area. 1.1 Program Dale Anderson has prepared a pre-design study, which shall be the basis for design. 1.2 Project Organ¢ation The project team members are identfied in the project directory in Section 3.0 of this Plan. Fran Gault is the designated liaison for the Owner. CommunPcations will be routed through her or records of communications will be copied to her, if direct contact with users is approved. CPMI is the Construction Manager. CPMI will be notified of all interactions between the Architect and the Owner, especially documented decisions related to design and scope of the project During construction, alI communications to the contractors will go through CPMI unless otherv✓ise approved. Until a construction office is estabiished, all communications shall be directed to the attention of Paul Oberhaus. Meyer, Scherer 8 RockcasUe, Ltd. is the Architect of Record. Jack Poling is the designated liaison for MS & R. The Owner is responsible for development of the program and design decisions on the project. H:1CM\Projec[s\8242-SPL\CMPL4N.dac 99 2.0 Project Requirements 2.1 Budget/Financial The tofal project budgef is shown in the Fnancial Status Report attached_ This budget is considered a maximum, and the Owner wili evaluate tradeoffs with their consultants and users during design fo avoid any cost overruns. The Foced Limit of Construction Cost is Item 190 Subtotal Construction. The Architects and Engineers shail design to a target 5% below the Fixed Limit of Construction budget and provide at least 5% in add aftemates with the cooperation and approval of the Owner and CM. 2.2 Master Schedule The Master Schedule for the project is included on the following pages. Phased occupancy of portions of the facifities wifi be necessary. Finaf construction schedule strategies wili be determined at the end of Design Developmenk 2.3 Bidding Strategy The Owner anticipates multiple primes. Earty packages may be requised for temporary faci4ities and material purchases. CPMI will prepare the preliminary General Conditions and Divisiort l of the project manual in conjunction with the Architect. 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Q a a � o Nmv�n m r o a m a�n�o� mm o w o amv Q o 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 o O o 0 0 0 0 0 0 0 V O O O O O o O o o O O O o O O O O O o O O G O O O O �.-�� mMm cnm mwm mr� m�a�o i. �nn n � � N � � 99-75�8 � 0 N � � � a W K � 7 F- � H J a U Z Z � � � � � o 0 000 o°000aoo��000 00 0 0 0 - o 000 000000000000a oa o 0 0 0 000 0 0 G � c�i m O '"� O S Z � Y {y 2 6 Q O O O O O O O O O O O O O O O O O O O O O O r o� O O O O O O O d O O O O O O O O O O O w � O O ��o O O N O O �o O b b O O O O n �p Y z i� � m N c0 m�a n O a.- c0 N � b � O O N �p a�°— co � � m � m � rn � N � m V N m O O O 6 � � 6 F W C O O 0 m _ V O � � � o > Z ti O O O O O O O O O O O O O O O O O O O O O O U w _ O O = w O U' �o �[i d i � (� t7 O U O O O O O O O O O O O O O O O O O O O O O O �- O O O O O O O O O O O O O O O O O O O w p LL O O W� O O N O �� O b �o O O O O n w Ve �� W � aD N t0 f� �ti h O d' .- � N ��n d' � O � �n O Z � � ` � N � LL N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p O W� O O N O O�o O�o �n O O O O I� �n �- � O 6 a W N[O W�a n O V �(O W �� 7 p O N � o '� (O .- � t`l .- f+l 1� A w < o � w U nj 0 0 0 w m F W Q Q p U O � O O O J V 2 � � O 1- 6 Q O ti O O O O O O O O O O O O O O O O O O O O O O F O O O O O O O O O O O O O O O O O O O O O O O� O � b O O N O O b O ��O O O N O O N O O V o � �� W N�O o] i[i 1� O 7 �� aD .-- in a � M� W W O � ° w •- � � O cq 7 m " ro n � oi � J Z Q N a J CJ O N a � F- ryJ Z Q U 0 m ? c rG Q O Y Q O J Q UJ � w i U O �¢ p U O 0. op °- F- Z w O� w o m j m ` �� cn O F w f c�i g O U i_ m m �. a `m m � 2 Q a V 2 V o O w w ol 2�� m.�c o m� m m p� c 2 �"" ¢ �' � F. �- Z c" Q O _ o "i p �= y o �i U m o �" Q tq 0 � U !:1 O « � m V } m T � W ' .N >' � (q V Q � ¢ Z N ��3 -� � 3 W 1@ � Q��` i n '� m m, m � U p F n' F 0 v m H Q o m � o o'o w� o 0 o m U w J Q Q m w 2� V O. ¢ � y� Q C 6 6(n N m = Q¢ tn w � c E� c E E m c E'a E E. 'Q a� -i Z� a W Z o o m m m m z o 3 m m m o 3 = a O U m F � U U I- O ri F 1- w U p V F i- -� N a � � N m � � O O O O O O O O O� �.- .- � �� Q p O O O O O .. � � � V O O O O O O N N N N N N N N N N N N N N O O Of � W T 0 � � " . . . . . . . . . . . . � � e �„ x � N � 0 �� . - ----- ------- -------- ------- ------- --------- --------- ------- -------- -------- -------- --------- ------- ------- ------- 0 W W U O C a Z r o w Q U F 0 F � W C' Z w � a W ----- ------- ----+°-- � i �— --------- Z Q-- � V � . W Z W 4.' F F' m O 0 0 Z V J � f IG Q �- F� j F _____�-} _____ O__ 4 tL o� 2 ------- ------- W �a o � � W�,�„ 9 Z m m� o! U C� W F F ��~ F 0. K Z C) j W W � j m W K� F C7 1- U�C `L pp R -� 0. Q a1 fq Z p>> W I- � W � j V G O � O W a�_l � �� Z U Q p a � � � � � � � _ r p Q V m Z _________ _'___'___ __'__p�G �u. z F F . KV --�------ p z w a r V U a W Z � o p a a W F m V W '________ _'_____'_ ___� Z "_�___ _'_______ � O F U N W F � O U Q W W a a t� O 99-7�' 2.4 Design Document Requirements The Checklists on the foliowing pages contain the requirements for adequate cost management documentation at the various stages of design. Cost management reviews wili aiso t2ke place at a6out the midpoint of Contract Document ¢reparation and p�or to bidding. Each of the architecturai and engineering design disciplines will be expected to have their drawings and tecfinical specifications to the level noted for that phase of the reporting. CONCEPTUAL DESIGN Drawings Site/Civil If unusual site: Basic site plan or notation on floor plan; demolifion; preliminary construction for aitemate entries, loading, etc. 2. Architectural a. Floor pians to include: (1) Overall building dimensions. (2) Locations of interior walls. (3) Room names. (4) Building entry doors. (5) Existing drawings showing demolition (6) Location of conveying systems b. Sections and Details (1) None required - notation on floor plan of floor-to-floor or floorvto-roof heights. (2) Notation indica6ng planned interior wall systems (e.g., stud and gyp at partitions between classrooms and in office suites; glazed CMU at toilets; bumished CMU at corridors). c. Elevations None required - notation on floor plan of exterior wall construction (e.g., CMU and brick with gyp interior). 3. Structural a. Foundations - notation of expected systems, (e.g., spread footingslcontinuous footings, piles/pile caps/grade beams, etc.). b. Supported floors - notation of type of system to use for report (e.g., precast piank on steel). c. Roof - notation of type of system, (e.g., precast double Ts on bearing wails/bailasted EPDM roofing). H:\CIvTProjec4s\8242-SPL\CMPLAN.tlx � � 9g 75F8 CONCEPTUAL DESIGN (Continued) 4. Mechanical a. Plumbing - Notation of types of systems. b_ Fire Protection - Notation of types of systems. a HVAC - Notation of types of systems (e.g., pmpus or stand-aione, hydronic or forced air, etc.). 5. Electrical: Notation of types of systems. Project Manual Program areas by classfication and Net Assignabie SF, Net-to-Gross factors to determine Gross area. SCHEMATIC DESIGN Drawings 1. Site/Civil a. Soils report. b. Site utilities - located and sized or notation of approximate focation of existing mains (e.g., water and gas in street north of properry, sanitary and storm in easement east of property, etc.). c. Grading plan, if available, or notation of site conditions (e.g., basiqlly flat site, slopes to northwest from approximately 50' from camer, large guily in middle of site, etc.) and existing site survey. d. Site Plan with paving types indicated (e.g., concrete, brick pavers, asphait, etc.). e. Site improvements located (e.g., railings, retaining wails, etc.). f. Demolition. 2. Architectural a. Floor plans to include: (1) Overall building dimensions. (2) Interior wall locations and iypes. (3) Door locations. (4) Building sections marked on floor plans. (5) Room names. (6) Caseworlc & equipment layouts. (7) Roof plan showing levels, parapet, equipment � roof drains. (8) E�dsting drawings showing demolition. (9) Location of conveying systems. r:�cnm��s�szazsa��cmatnN.ao� 12 99-7�8 SCHEMA7IC DESIGN (Continued) b. Sections and Detaiis (1) Longitudinal & Transverse building sections including sections through each wing with floor and roof elevations indicated. (2) Sections sfiowing unusuai floor changes and other special conditions. c. Elevations F�cterior wall elevations indicafing materials used, floodroof elevations and grade fevels. 3. Structural a. Foundations - pre{iminary foundation drawings sfiowing locations of cotumn footings, continuous footings, piles, pile caps or grade beams and s¢e. b. Supported floor plans indicating s¢ing of slab/precast and preliminary support information (e.g., steel beams and }"oists, precast beams, etc.}. c. Roof plans indicating sizing of deck, sfab or precast and prefiminary support infortnation (e.g., steel beams and joists, precast beams, etc.). 4. Mechanical a. Plumbing Floor plans showing plumbing fixtures and equipment locations. b. Fire Protection - Notation of types of systems, location of standpipes & equipment. c. HVAC (1) Descriptions and sizes of the heating and air conditioning systems to be used (e.g., hot water heat from central campus steam with fin-tube at windows and VAV boxes with reheat coiis, etc.). (2) Indicate type of building management system to be used. (3) Demoifion. � 5. Efectrical a. Descriptions of lighting systems (e.g., parabotic floor. at 4.c. in classrooms, parabolic floor. at _ f.c. in offices, metal halide at _ f.c. in gymnasium, etc.). b. Special electric requirements (e.g., fire alarm, security to include PIR devices in corridors, CCN, card readers at aII exterior doors, inteccomlpage system, stage souRd system, etc.). Project Manual 1. OuUine specs a. Typical for site, concrete, etc. \\MPLS1Vv1PL$1_D\!HOmeICIN�Projecis\82425PL1�1PLAN.doc � 3 gS-�4�8 SCHEMATIC DESIGN (Continued) b. Infortnation for. etc.). Storefronts/Curtain Walls - same as windows. Skylights - glass or piastic. Special resiiierrt flooring (e.g., rubber, sheet vinyl, etc.). Carpet (e_g., carpet tile, glue-down, pad, etc.). Acoustical ceiling. Acoustical panels. Non-typiql speciaities. Equipment Elevators and escalators (capacity and speed). (6) �) (8) ( (10} (��) ��2) (13) (14) 2. 3. Schedules a. Architectural � (1) Brick-manufacturer. (2) Stone- type and quarry. (3) Casework - custom (PLAM or wood) or pre-manufactured (LSI, Meriilat, etc_) (4) Roofing (e_g_, _ mii EPDM, bailasted or 4-ply buiit-up, etc.). (5) Windows - manufacturer rf know, type otherwise (e.g_, wood-clad, aluminum, (1) Room finishes - Descriptions of typical finishes to use and typical ceiling heights. (2) Doors - descriptions of typicat doors {e.g., wood at classrooms and offices, hollow metal at mechanical and misc. exterior doors, etc.). (3) Specialty equipment and systems. Mechanical � (1) Major HVAC equipment listings. (2) Speciafty equipment and systems. c. Electrical (1) Light Fi�ures (2) Specialty equipment and systems.. Cut Sheets for any known special equipment DESIGN DEVELOPMENT Drewings 1. Site/Civil a. Soiis report b. Site util'�ies - located and sized. c. Site tighting d. �aadscaping. e. Grading plan. H:\CM�Projects\82425PqCMPLAN.doc 14 99-��' DESIGN DEVELOPMENT (Continued) 2. f. E�dsting survey. g_ Site Plan with paving types indiqted (e.g., Asphalt, Brick/Stone Combination �% Brick &_% Stone in _Bed, Concrete, etc.). h. Site improvements information (e.g., railings, retaining walls, etc.)_ i. Demolition. Architectural a. Fioor plans to include: (1) �2) (3) (4) (5) (6) (7) ( (9) Dimensions - Grid lines and exterior wails. Wall types and locations. Door numbers. Section (buildings 8 walls) and elevation references. Room numbers and names. Large scale drawings for "typical" rooms. Casework and equipment layouts. Roof plan showing crickets or pitch, valieys 8 ridges; skylights; roof drains; roof elevations; identify roofing and insulation to be used. Existing drawings showing demolition. b. Sections and Details (1) (2) (3) (4) (5) (6) (7) ($) Sections through each wing with floor and roof elevations included. Sections through stairs. Sections showing unusual floor changes and othe� special conditions. Section through typical exterior wali (both with and without windows). Section through atriums, galleries, etc. (multi-story spaces). Sections through typical inferior walls. Sections through speciai ceiling conditions. Sections showing roof conditions (typical and special). c. Etevations (1) Major exterior wall elevations with materials identified. (2) Typical casework elevations; special casework elevations and descriptions. (3) Special railings. 3. ►.� A fis5ng of proposed a{temates before estimate commences. Structural a. Foundation plan including columns and slab-on-grade with s¢es and reinforcing shown. b. Suppofted floor pfans with support members and decking information. c. Roof plan with support members and decking information. d. Sections/details showing typicai supported floors and roof. e. Sections/details for any special foundations requirements. H:ICM�Pmj¢cts\g242-SPqCMPLAN.tloc � �J 99-��8 DESIGN DEVELOPMENT (Continued) 5. Mechaniql a. Plumbing L7 �� (1) Floor plans showing piumbing fatures, equipment and piping ( to be sized) mains wiih typiql branch. (2) Riser diagrams. Fire Protection - drawings indicating areas, types of systems, standpipes and equipment HVAC (1) Floor plans showing locations of VAV boxes, grilles, registers, diffusers, fin-tube radiation, unit heaters, exhaust fans, NVAC equipment (2) Enlarged plans of inechanical rooms. (3) Schematics for 6uilding management system inctuding hardware points. (4) tiVAC duct s¢es (mains) with typical branch sized, 'rf applicable. (5) HVAC piping sized (main) with typicaf branch sized. (6) Special dampers shown. d. Demolition 6. Electrical a. Floor plans showing light fixtures, devices (with legend) panel boards, transfortners and speciai electrical system devices (other than fire alarm)_ b. One-Line diagram with feeder sizes (conduit and conductor). c. Main switchgear and motor conffol center sizes. Project Manual Outline specs a. Typical for site, concrete, etc. b. ModeUmanufacturer information for. (1) (2l (3) (4) (5) (6) �7) ($) (9) (10) �1�) (12) (13) (14) (15) (16) �1�) Brick. Stone_ Wood trim type (white oak, mahogany, etc.). Casework- custom (PLAM orwood) or pre-manufactured (LSI, Kewanee, etc.). Roofing. Fire shutters. Security grilles. Windows and specialty doors. Storefronts/Curtain Walis. Skylights. Special resilient flooring (e.g., rubber, sheet vinyl, stone). Carpet Acousticai ceiling. Acoustical panels. Non-typical specialfies; Operable partitions, etc. Equipment. Etevator or escalator (capacity and speed, not manufiacturer). H:�cnmv.o7��azazs��cmri.�w.ao� 16 DESIGN DEVELOPMENT (Continued) c. Mechanicai specs to include insulation requirements. 2_ Electrical specs to inciude speciatly systems. 2_ Schedules r/�- 74�8 a. Architecturai (1) ftoom finish w'sth ceiling heights and accent walts identified; also, wainscot heights. (2) Door schedules showing door and frame types and sizes, hardware sets or generai description of hardware to be used for typical doors. (3) Speciaity equipment and systems. b. Mechanical (1) . Plumbing fictures. (2) AA NVAC equipment manufacturerlmodel identified inctuding Variabte Frequency Drives. (3) Control points list (4) Fire Protection Equipment c. Electrical (1) Lightfixtures. (2) Panei boards. (3) Transformers. (5) Switchgear. {6) Specialty equipment and systems. 3. Cut Sheets a. Architectural equipment, special finishes (or allowances). b. HVAC equipment c. Plumbing fixtures. d. Light fi�ures. e. Special electrical equipment. H:\C1MPrOi¢cts\62625PL\C1�1RAN.doc 17 99-�y8 3.0 Project Directory OWNER Citv of Saint Paul Public Librarv 651/266-7000 90 West Fourth Street 651/292-6660 Fax Saint Paui, MN 55702 Carole L. Williams, Library Director Lee Williamson, Facility Manager Fran Galt, Support Services Manager 651 /266-7070 carolew @ I ibrarv.stoaul. tiB.mn. us 65 "I /266-7080 650-9940 Pager IeewCdlibrarv.stoauf.lib. mn.us 651/266-7072 franq@librarv.stpaul.lib. m n.us Mary Clare Huberty, Project Manager/Central Renovation 651/266-7023 maryclah@Iibrarv.stnaul.lib. mn. us CITY OF SA1NT PAUL Real Estate Division 651{266-9167 740 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Herb Holzschub Contract 15 W. Keffogg Bivd. 280 City HaII Courthouse St. Paui, MN 55102 Susan Feuerherm Services 651/266-8908 RiverCentre 651 /265-4801 175 W. Kellogg Bivd. 651/265-4899 Fax Saint Paul, MN 55102 ' Jim O'Leary H:\CM\Pmjec(s\8242-SPUCMPL4N.tloc � 8 9 -75�8 2850 Metro Drive, Suite 329 Bloomington, MN 55425 Paul Oberhaus, Vice President Larry Gieason, Vice President Susan Campbell Jones, Senior Project Manager 612/8543663 612/8542847 Fax poberhausC�comi.com Iqleason(acomi.com siones(�comi.com DESIGN TEAM Mever. Scherer & Rockcastle 119 North Second Street 612/342-2216 Fax Minneapolis, MN 55401 Jeff Scherer Christopher Schmitt D. Jack Poling Traci Engle Lesneski 612/375-0336 612/375-8707 612/359-3236 67 2/359-3238 7KDA 612/292-4400 1500 Piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55101-2140 James E. Budke, PE HAZARDOUS MATERIAL CONSULTANTS 612/292-0083 Fax BRAUN INTERTEC 612/941-5600 6875 Washington Aven�e South 612//942-4844 Fax P.O. Box 39108 Minneapolis, MN 55439-0108 Gregg Kruse cc: Team Members Larry Gleason, CPMI Paul Oberhaus, CPMI Susan Jones, CPMI CPMI - DSM File: 8242-241 H:\CM�Prqec[s\8242-SPUCMPLAN.doc � 9 • � E%HIBIT B � 99 7�$ ; ACORD - � . pr ; 7 � . �� +t . ....__ _ _ �;��E��_-��E�E�a'� : oahro�Mmom� ., - ::.> -..... , _ - _ -.--- 5f'f3l99 . . _ _ ... _::s.. �� ,..... -. __" '_'_ _.: ..:^ °RpDp 800-441-7344 THIS CERTIFlCATE IS ISSU� AS A MATTER OF 1NFpRry�q Kirke-Van Orsdel, IncOrporated a�Y � CONFERS NO RIGHTS UPON THE CER71FiCq7E HOLDER_ THIS CERTIFlCATE DOES NOT AMEND, EXTEND OR P.O. BoX 70395 ALTER THE COVERAGE AFFORDm BY THE POLIqES BELOW. Des Moines, lowa 50306-0395 COMPANtES AFfaRDtNG CoVERqGE - 5'15-243-1830 COMPqNY - � p Employers Mvniai ComP�Y � . COMPANY CPMI, Inc. B CPMI Construction, Inc. � 100 East Grand, Suite 280 � Des Moines IA 50309 COMPANY D �Y�G� ..., .-,.� ., >,_..:. _.. - ..u._ ... _.-;�... , ..._-;�._.. _. - ..__.w ..,._H,<�_- _ __,...,,.,Nr -_ .,..�:,w - --...� _ ...w... - --' THIS IS TO CERIiF1' THpT THE POLIqES OF INSURANCE LIST� BaOW HAVE BEHJ ISSUm TO 7HE INSUR� NAM� ABOVE FOR THE POLICY PERIOD PlDICATED, NOTWfTHSYANpMG ANY REQUIREMINf, TERM OR CONDfiION OF ANY COMRACT OR O7HFR DOCUMEM WffH RESPECT TO WHICH THIS CEfiTO-ICATE MAY BE 15SUm OR MAY PERiA1N, THE INSURANCE AFFORD� BY THE POLIC�ES DESGPoe� HER�N IS SUBJECi TO ALL THE TERMS, EYCLL'SIONS AND CON�ffIONS OF SUCH PoLIqES. LIMITS SHOWN MAY HAVE BEH�! REDUC� BY PAID CLAIMS. co nve oF rt+sunaxce roucr xumea' roucr ax�cnvE wucr ocvmwlwn LTR OATEP�IDDIYI•) UATEIMMIODIY'n IJMRS A�� SD4447500 ' 4/O7l99 4!0'I/00 ��A�� 5 1000000 X COMMFACW. f�V�q� �IpgILRY PfiODVGTS - COMP(OP AGG 5 'IOOOOOO CIAIMSMADE � OCCUR PERSONAL&ADV INJURY 5 SOOOOO OWNERS & CONTRACYOR'S RIQT FACH OCCUfiFiENCE 5 $00000 X FellowEmpl FIPEDAMAGEfMymiefre) 5 �00000 X PerLocPro' ' Mm IXP (Any o� persa�� s 5000 A ^ �OMO��TY 8E4447500 4/O7l99 4/07/00 X�, q � Q comew� swoE umrr 5 500000 X AILOWNmAUT05 BODILY QJJVRY s X SCHmU{ID q1JTOS (Pa Dasonl X HIRm AIiTp$ " BODILYIWURY 5 X NON-O`MJm AUTOS IPa acadenU PpOPHlIY UAMAGE 5 �� AUTOONLY-EAACCIUENT 5 ANY AUTO OTMER THqry AUTO ONI.Y: EACH ACCmQJr 5 AGGREGA7E 5 A occESSUnsiurr 8J4q47500 4lQ1l99 4/Otl00 enncxoccua�cE 5 5600004 X �B�^ FO� n��.rE 5 SOOOOOO ' QTHE4l!_1k l!ABREiU' F9RM ' . § WCSTATU- OTN-? ...� . woweees comveuswnox axu 8H4447500 4/01l99 4/07/00 . � � � .. ,._ :...: � .::.:.::.. . ...:.:.. e�nmess' iwenJrr aEnncHaccioear s 5�0000 m�rnoeniErow X iNC� ao�sEase-roucvuan�r s 500000 PARTN6i5lE(EGUi1VE °�'� ^� «a a o�e - Fn emei.ov� s 500000 oniae oESCx�r�ox oF areuTronsn.ocanoxsrvenc�srsrECw. rrexs C�iF[t:1�k"�71Fi.�.E� ' -- =- _ . ._. .._ . _ ._ . -- _ ---_ _ - -. - .._ _ _. , __,_., _u,.. ..,. , ---..._..... -... .. .. - � - _ .: ,. �3�i'fl�.. .h -�._.., .._._..�s _ _._. SHOUID ANT Of iF� ABOVE DESCf�� POUGffS 6E GANCHl� BffORE THE -•: St. Paul Public Librasy �� uar� Txe�wF, TME aruw� COdIPANY WLLI, gypEqYpR TO maa %Lee Williamson 3o uwrs wnrrra' xonce ro'rxe cenuicah xotnEn rinmm ro niE �r, 90 West 4th Street BUT FALLUItE TO MALL SUCH NQIICE SIWLL pNpOSE N�pgU�qnCN OR IIABpfiY St. Paul, MN 55102 oF ANY KWD u - c P , RS . OR �rnESevrarrvES. . wrxo� n�xESavr ' . _ .'. .. : .. � �.. � _:.� �� :: i .: c� .::� � , a .e . . j _ � : �y :.; ( : y :. ...::.::::::.:vc::�:.::_:a..:::....:.:::.:... -:_:...::::.::::._.::::::.,.::_-:-.:::::..::....::::::::,::::.:.-:::.... .,..,.:.:..:.„.::.::...,::....:-.-:.:.: �:::...:;/...-.:,-:.::<:....�.�.,:f-��`� �'""."'" ��YFiM._'�..w'A S'IIF�PJj': �. - ' ' 4 _ _ _ . � h y � ; � ..�. .. .: . __ .. _ _ _':i .� �� :::� - . � ....V. _ �. _ _..i ......_ w. _ {�'��RV �Tt�i�t'��. 99-7�8 E��.�IT C 1999 SCHEDITLE OF FEES CLASSIFICAT'ION Principal Senior Project Manager III Senior Ptoject Manager II Senior Project Manager I . Project Manager III Project Manager II Project Manager I Assistaut Project Manager II Assistaut Project Manager I Chief CosUScheduling Engineer Senior Cost Engineer CosdScheduling Engineer III CosUScheduling Engineer II CosdScheduling Engineer I Cost/Scheduling Technician Senior Planner PlannerlII Planner II PlannerI Clerical HOURI.Y RATES $ 95.00 85.00 74.�Q 68.00 74.00 68.00 63.00 53.00 47.00 90.00 74.00 58.00 53.00 47.00 42.00 68.00 63.00 53.00 42.00 32A0 G:\!HomelMarket\Proposals�Boiler�ees99.doc Revised II March, 1999 . _: - �iBZ� B 94-75� 6_4 Insurance Requirements The successfui proposer will be required to carry insurance of the kind and in the amounts shown below for the life of the confract 6.4_1 Commercial General Liabilitv Insurance $1,000,000 each occurrence $2,000,000 general aggregate $2,000,000 products/compieied operations total limit $'I,000,000 personal injury & advertising liability Polices are to be written as acceptable to the Owne�'s Risk Manager_ Cefificate of insurance must be issued on a claims-made basis. Coverage shall include contractual liabiliiy coverage either on a blanket or specfic basis to cover this Agreement. The City of Saint Paul, its officials and emploqees, and the Construction Manager shall be listed as additional insureds; a cross suits endorsement shall be provided to the benefit of the Owner, Coverage sfiall provide for defetion of the CCC exciusion or broad form property damage. v 6_4.a Automobile Insurance: Coverage shal( be provided for hired, non-owned and owned A. Bodily Injury B. Property Damage $750,000 each occurrent; $1,000,000 aggregate Not less than $50,000 per accident 6.4.3 Standard Workers Com�ensafion: per Minnesota Statute Emoloyer's Liability shall be: $500,000/$500,000/$500,000 Other States Coverage 6.4.5 Professional Liability Insurance: Liability Insurance shall have a minimum limit of $1,000,000 per claim. Aggregate limited $2,000,000. Polices are to be written as acceptable to the Owner's Risk Manager. Certificate of insurance must be issued on a claims-made basis. Coverage shall incfude professional liability coverage either on a blanket or specfic basis to cover this Agreement The City of Saint Paul, its officiais and employees, and the Construction Manager shall be listed as addfional insureds; a cross suits endorsement shall be provided to the benefit of the Owner, Coverage shalf provide fior deletion ofi the CCC exclusion or broad fiorm property damage. Page I _ _.: - -- �.��:��.� fi_4.6 License as reauired 99-�'�� 6.4.7 All Certificates of Insurance shali provide that fhe insurance company give the City thirty (30) days prior writEen nofice of qncellation, non-renewal anc}/or any maferial changes in the policy. 6_4.8 The above paragraphs establish minimum insurance requirements, and it is the sole responsibiliiy of the Architect to purchase and maintain additional Insurance that may be necessary in connection with this agreement 6.4.9 The Architect shall not commence work until the Architect has obtained the required insurance and filed an acxeptable Certficate of Insurance with the Owner. Copies of polices shall e submitted to the Owner upon request. 6.4.10 Nothing in this specification shall constitute a waiver by Owner of any statutory limits or exceptions on liability, defenses, or immunities. 6.4.11 Certficates shall specificatly indicate if the policy is written with an admitted or non-admifted carrier. BesYs Rating for the insurer shall be noted on the Certificate, and shall not be less than an A+. 6.4.12 On the Certificate the agent shall certify that the agency prries Error and Omissions coverage. Page 2 EXHI�IT C Qg-+�� DEPART`4EMTOF FiU�t:\\ RIGHTS 1N. H. Tyrone TeiTill, Direcror SwINT PAUL � AAAA CITY OF SAINT PAUL iVonn Calentm:, hfaror TDD: 6�1-266-897i AFFIRitiIATIV� ACTION/EQUAL E�IPLOI'b1ENT OPPORTUNITI' REQUI1tEMENTS NON-CONSTRUCTION COVTRACTS Section 183.04 of the Saint Paul Legisiative Code (Human Ri�hts Ordinance) and [he Rules Govemin� Affirniative Requiraments in Employmen[ set forth the Affirmative Action Requirements which aze to be incorporated into and made a part of every contract entered into by the Ciry of Sainc Paul. These documents are availabfe at the Departmznt of Human Rights, 900 Ciry Hall, Saint Paul, Minnesota »10?-1681,(612) 266-8966. The Saint Paui Department of Human Rights is responsible for monitorin� the Contract Compliance Proaram to determine whether or not persons or firms doin� business with the City are complyin� with Section 183.04 of the Human Rights Ordinance and [he Rules. As stated in Section 183.04, the contractor will not discriminate against any employee or applicant for employment because of race, creed, reli�ion, sex, sexual or affectional orientation, color, national ori�in, ancestry, familial status, age, disability, marital status or status with regard to public assistance. E�IPLOYERS �VHO CO�'TRACT �VITH THE CITY OF SAINT PAUL bTUST DO MORE THAN b�IERELY AVOID DISCRIVIINATORY PRACTICES. THEY bNST ADOPT AND II�IPLEI�\'T AFFIRiYIATIVE ACTION PROGRAMS TO E�LOY NII\ORITY, FEMALE AND DISABLED PERSO�TS. The contractor must a�so include the Affirmative Action provisions of the Human Riahts Ordinance and the Rules in every subconkract, purchase order or a�reement with any subcontractor (includin� material suppliers and subcontrac[ors who enter into a contract with another subcontrac[or or material supplier), cvith stipulations that the subcontractor is bound by the terms thereof. A CO\"TRACTOI2'S AFFIRNIATIVE ACTION IN THE EYII'LOYMENT OF NIINORITY, FEMALE AND DISABLED PERSONS �VILL BE TAI�N INTO CONSIDERATION IN THE A`VARDING OP A CONTRACT. It is the contractor's responsibility to become familiar and comply tivith the City's requirements and to ensure that their subcontractors comply with them. Technical assistance will be provided by the Human Ri�hts Department staff upon request. The follo�vin� documentation must be submitted to the Department of Human Ri�hts for approval before a contract will be a�varded: AFFIRI4ATIVE ACTION PROGRANI Every contractor or subcontractor whose total accumulated con[ract or subcontract awards from the Ciry of Saint Paui over the precedin; twelve months has exceedzd �50,000 shall develop and implement an effective Affirmative Action Pro�ram in cvriting substanfially similar to the Department's Model Affirmative Action Pro�ram for Non-Construction Contractors, which shall include hirino goals for the employment of minorities, females and disabled persons in the contractor's work force. Once the AFfirmative Action Program is approved by the Department of Human Riahts 900 Cin• Hull 15 lI' LCelloa; Bo�dei•m Saint Paul, d'IV i�10_'-1681 Zelephone: 651-1 GG-89G6 Facsimile: 651-266-8962 An ACirma[i�e Ac[ion, Equat Opportuni(}� Empluya Page I • • ' ` - Aftirmative Action Requirements 9'9 Page 2 tile contractorwil! be notified of their compliance status. Compliance with Section 183.04 is valid for two (2) years. At the end of the two-year period the AAP must be reviewed and updated. The Model A�rmatiie Action Program is available from the Department of Human Rights. A l�Iodel Nlodified A�rmati�e Action Proaram is a��ailable for contractors ticith ricents• (20) or fewer emplo}ees. Cpntact the Department of Human Riahts for more infarmation. EQUAL E11�IPLOYII�IENT' OPPORTUNITI' POSTERS must be posted in the offices of the con[ractor. The Human Riehts Department staff will monitor the contractor's a�rmative action efforts and resulu. On-Site Compliance Reviews will be conducted on the work force of companies that enter into contractual agreemen[s with the City of Saint Paul. The purpose of the revietiv is to det�rmine the contractors' compiiance with the rules, re�ulations and orders of Section 183.0-1 of the Human Ri;hts Ordinance. On-site reviews include reviewin� the implementation of the contractor's Affirmative Ac[ion Pro�ram, personnel policizs and procedures. Contractors may be required to provide additional documentation in order to deteanine whether or not they are makin� measurable improvements in the hiring of minoriry, female and disabled persons, includin„ but not limited to the follo�vin�: 1. Good Faith Efforts Questionnaire 2. Applicant Flow Data 3. Employee Turnover Data 4. Documentation Supportin� Dissemina[ion and Implementation of EEO/AA Policies. 5. Documentation Suppor[in� Recruitmen[ Efforts. Failure to comply with any of the requirements set forth above is sufficient �rounds for discipiinary or remedial actions provided for under Article IV of the Rules, nameiy: 1. Termination of ihe contract; 2. Suspension of the contract undl corrective steps are taken; 3. Continuation of the contract subject to the imposition of conditioas to correct the noncompliance; 4. Declaration that the contractor shall be ineli�ibie to bid on fumre contracu either pecmanentiy or for a stated time; or � A combination of the above. It is imperative tha[ Vendors who are being considered for contracts of 550,000 or more contact the Human Rights Department's Compiiance Division to obtain copies of the requirzments and documen[s in order to expedite the Affirmative Action reviewin� process. If you have anp questions, please contact Bonnie Jellinek, Linda St. Ores, Cazoljean Coventree, or Daniel Klinz at (651) 266-8966. 8!7l97 An Aflirmati.e.4e[ion. Equsl Opportunity Empioytr 99 MEYER, SCE�.RER & ROGKCASTT.E, LTD. Hourly Billing Schedule Effective 1 January 1999 - 31 December 1999 HOURLY BILLING CATEGORY RATE Principal Architect Supervisory Architect Registered Architect Intern Architect Model Builders/Drafters Head Interior Designer Interior Designer CADD Manager Administration $150.00 $ 80.00 - $100.00 $ 53.50 - $76.50 $ 37.50 - $85.00 $ 28.50 - $35.00 $ 100.00 $ 37.50 - $65.00 $ 60.00 - $72.50 $ 37.50 - $55.00 There will be an increase in rates of approximately 5% each year. EXHIBIT E Cify of Saiat Panl Wam.tntp Lan for the Year 2000 - Issaed: Angust 1993 Pem� 2000 compliance means that infoanation resoisces and_applicable systems meet the foIIowing criteria andlor perfo� as describerL 9'9-7�P 1_ Data strucriues ( database, data files, etc.) provide 4-digit date centtuy recognitio� Example: `1996' provides "date century recogmtion," `96 does not 2. Stored data coniains date century recognition, including (but not limited ta) data stored in databases aad hardware/device internal sys[em dates. 3. Catculations and progrdm logic accommodate both same century and mu(ti-cenhny fo�ulas and data values_ CaIculations and logic include (but are not limited to) sort aigorithms, calendar generations, event recognition, and aii processing actions that use or produce data values. 4. Intezfaces to an from other systems or organizations) prevent non-compliant dates and data from entering or exiting any City sgstem 5_ User interfaces -('ie_ screens, reports, etc.) Accucateiy show 4-digit years ( if criticai to the business fimction)_ 6_ Year Z000 is conectly treated as a leap year witlun all calculations and calendar logic. Year 2000 Com�liaace (Please fiII in blmeks with veruior mm�e and appropriate sigr:atw�es.) wurants thai the hardwaze and softwaze offered in response� to this RFP/bid specificxtion developed or modified by said company and used befote, dising; and after the timm of the centisy shall not experience abnormat ending andior produce invalid or incosect 2eSllLTS ]Il tile opCI3lton OZ Clle bUSID.eSS oY Tt.11Ce l.it}� OI J31IIL r8ll1. AIl date fields shall include the correct century date field which recognizes the date with the correct century, calculate same centtuy, and muiti-century formuIas and data values and interface values regarding the centiuy. wi11 thoroughly test the capacity to maaage multi-century dates priar to the use of the year 2000 date and warrants that atl code adjustments required will be completed in a timely manner and not at a cast to the City of Saint Paul_ This wazranty shall be in effect until December 31, 2000 or one year after system production, whichever is latez. Page 1 EXHIBIT F 9q-7�� yTuc. Standard Form of Agreeme t for Interior Design Services AIA Document B171 - Electronic Format THIS DOCUMEN'1' HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITIT AN ATIORNEY IS ENCOIJRAGED WI'IH RESPECT TO TTS COMPLE'iTON OR MODIF•TCATTON. AITTf�IENTiCATION OF "1'HIS ELEGIROHICALLY DR9FIED AIA DOCUMENT MAy gE MADE BY USING AiA DOCUMENI' D401. Portions of this document are demed from AIA Document B141, Standard Folm of Agreement Bemeeu Owner and Architect, copyright 1919, 1926, 1948, 1951, 1453, 1458, 1961, 1966, 1967, 1970, 1974, 1477, 1987 by The American Lutitute of Aschitects, and ASA Document B707, St�dazd Fotm of A�eement £or Interior Design Services, copyright 1972 by The American Institute of Arcltitects. MaTerial in AIA Document B171 differing from tLat fomd in AiA Documents B141 and B707 is copyrighted 19"/7, 1979, 1990 by The American Instimte of Acclutecis and 1Le American Society of Iaterior Designen. Reproduction of the mazeria( herein or substantial quota6on of its provisions without written pem�ission of AIA and ASID violates the copyright laws of the United Sta[es and will be su6ject to legaL prosecution. AGREEMENT made as of the 7day of Jwte in the yeaz of 1949. (Lz words, indicate dc9; month and year) Sevenfti_day of:Taue-A7iueteeaffimdiedaudNmety=lYiue BETWEEN the Owner: (Name and address) Sf. PauT-R�lic F.ilirary Ggntial' L` itiraty 90 Wes�Faurth.S�eet St. PauLdvlN: 5S l02 and the Architect: (Name and address) Meyer, _Scfieier &Rockcastle, Lftl': IY9 North'aSecond�Sh MianeapoIis 1VIN 554Qi For the following Project: (Include detailed descriplion ofProject, location, address anJscope.) Inteiior Desi�_Sarvices The Owner and the Architect agree as set forth below. A[A DQCUNIENT B171 - INTERIOR DESIGN SERVICES AGREEMENT - 149� EDTTION - AIA - COPYRIGHT 1990 - THE AMERICAN INSITLCITE QF ARCIIITECTS, 1735 NEW YORK AVINUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 -'TfIE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSEiTS AVEN[TE N.E., WASFIINGTON, D.C., 20002.Unlicensed photocopying violates U.S. copydght laws and is subject to legal prosecution. Tltis document was elechonically produced with pemiission of the AiA and can be reproduced without violation until the daTe of eacpiration u noted below. ElectronicFormat B171-1990' User pocument: 9934A1A6171.DOC — 6Rl1999. AlA License Number 1 ��381, which expires ort 3/6l2�0o — Page #1 99-�� STANDARD FORM OF AGREEMENT FOR INTERIOR DESIGN SERVICES ARTICLE 1 ARCHITECTS RESPONSIBILITIES 2.2.3 �e "__�� -assisE �e �SVaeF -ia -che ..,i..,.+ F � si... \il,..]F...�.i l. 1 Y �Y� � . 1.1 ARCHITECTS SERVICES 7.1.1 The Architects services consist of those services performed by the Arclutect, ArchitecYs employees and Arclutect's consultants as emmmeraTed in Articies 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Arciutect's services shall be performed as expediriously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a scheduie for the performance of the Arclutecfs services wluch may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approvals of submissions by authorities having jurisdiction over ffie Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement aze subject to the time limitafions contained in Subpaza�aph 11.7. ARTICLE 2 SCOPE OF ARCHITECTS BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 22 through 2.7 and any other services identified in Article 12 as part of Basic Services. 2.2 PROGRAMMING PHASE 2.2.1 ga�es �es�ate� �a �s �eea�eaE �e �sse�t�e -t�e a�gkeable �ec�ui�effiea4s s€�ke �ejes� aa� �-revier� -E�e a - 2.2.2 �ke �rslxtesE � -�esus�eaE �§e �ggke�le �ea�eats �esess�3` -€eF �he -vaaeas �ejes�-€crostiexs � � � �� eEe&�res -ses�` �ter� � ce�safieas 2.2.4 �e -�e}�Yee� �ka}} -aaa}yse .�e �y �€ .� }t.. : ..! C.�� 1..� R1..�1. T...`:,�..a i.L 1 aa�-Fe�e�ea#s � �ke-�ieas s€�§e-� -eF w..:ia:........,:«�.:.....�.:_U a.e n....:.....:.. «.. �. , .,.,t n , 2 .2.$ o,,..va ,... .. _�.,:,._......a .. ..i_ ..:.. r a i a �� E§e�fejee��lze�skites��kal��a�i�e-ait�iYtee-gFe�aer-e€ 2.3 SCHEMATIC DESIGN PHASE 2.3.1 �,� sa �e -aAgaeve� �� -gre� -s�e t1�sl�esF-ska}}$regaFe-feF-tke-9wseFSze��av�-g�e�ac� �s � �he aeaeF� �asbieaa� �ela�easlx�s � 2.3.2 �ke �askitesE -ska}} �o�^,P;' �ii§ �ke � a#e�aaHve -agg�easkes -Fe � -aa� � �xf -t§e .s '� - ' - . 2.3.3 Based on the approved relarionship diagrams, the Arclutect shall prepaze space allocation and utilizarion plans indicating partirion and furnishings locations and preliminary fiunitiue and equipment layouts. 2.3.4 The Architect shall prepaze studies to establish the design concept of the Project, indicating the types and quality of finishes and materials and fumiiure, fiarnishings and equipment. 2.3.5 The Architect shall submit to the Owner a preliminary estimate of the Cost of the Work, based on the recommended design concept and on current costs for projects of similar scope and quality. 2.4 DESIGN DEVELOPMENT PHASE 2.4.7 �ase�-ea�e-aggFeve��skeffiatis�esi�-aa�-ax� a�just+�ea�s � -�3� �e -9wsef -i� -�ke -gFe�; sske�x�e��iejeet�ge�-t#e �skites�-ska�-gFe�e a�grev��Y�he�aeF �esi��e�eleg�eaE�a�gs-a� � 2.4.2 The Architect shall prepaze sask data and illu for furnih fumi and equipment as may AIA DOCUMEN'I' B171 - INTERIOR DESIGN SERVICES AGREEMENT - 1990 EDTTION - AIA - COPYRIGHT 1990 - THE AMERICAN INST11'U'I'E OF ARCIIITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF 1N1'ERIOR DESIGNERS, 608 MASSACHUSETTS AVEN[JE N.E., WASHINGTON, D.C., 20002.Unlicensed phoWCOpying violates U.S. copyright laws and is subjec[ tn leaal prosecution. Tnis document was electronicatly produced with pemiissiou of the AIA and can be reproduced withou[ violation un51 tLe date of expiration as noted below. Electronic Format B171-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #Z 9'y-7 y4� be appropriate for the Project, including specially designed items or elements, to indicate finished appearance and functionaloperarion. 2.4.3 The Architect shall recommend colors, materiaLs and 5nishes not otherwise specified for the ProjecK. 2.4.4 The Architect shall prepaze such other Design Development data, illustrations and documents as may be appropriate for the Project, as descnbed in Article 12. 2.4.5 The Architect shall advise the Owner of any adjustments to the preliminary estimate of the Cost of the Work, based on anticipated imit costs and prices. 2.5 CONTRACT DOCUMENTS PHASE 2.5.1 �ase� sa �he -aggreve� -Besig�t �evele�ea� �ee�ea�s -aa� -aa�} -f�xeF -a�ea�s -ia -Ehe �sege � gua�} -e€ -�e -grejes� -eF -�a -tke °"-� � -Ehe �"�_,. at�er�ze� b3� �§e -9wne� -the �skitest ska� -gFega�� apgFev�}�3`-tke-9w�ef T`-..��,��.�_a� dee�ea�s �et�iag -€er� -�s �� §e -re�ire�estc � �ke �eae��exstr�s�iea$esessa�-feF-the-Pfejes�-�ke Ti� te -be � �} �e � � -t�eF -eae � -t�3ere 6eatrasts -�iefweeu �ke -9waeF -aa� �e�aste� � se�sciea- 2.5.6 The Architect, following the Owner's approvai of the Drawings and Specifications and of the latest preliminary estimate of the Cost of the Work, shall (1) assist the Owner in obtaiaing bids or negotiated proposals and (2) assist in awazdina and prepazing wntracts for �atefieF-ee�skiea and for fumiture, fiunishings �d equipment Bidd"mg and negotiatmg activities shall be coordinated by the Architect 2.6 CONTRACTADMINISTRATION PHASE 2.6.1 The ArchitecYs responsibility to provide Basic Services for the Conhact Adminishation Phase under this A�eement commences with the awazd of one or more Contracts or the issuance of one or more purchase orders and terminates at the eazlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substanfial Complefion of the Work. 2.6.2 F3alesss�ker�ise-�evi�-ia-�s�ees�ea�-�ke �es4 ska� �reviFle �ea �€�ke -sea�ae,ts -€eF se�stiea,as � -fe�x -ia -Eke -eEli�iea -e€�It� �est�ea� �-6eaer�-Gea�Heas-e€�e�as�� sxaeatas�€�§e�ate�€-this�eetaeat; the Arclutect shall provide administrarion of the contracts for fiunihue, fumishings and equipment only as set forth below and in the edition of AIA Document A271, General Conditions of the ConUact for Furniture, Fumishings and Equipment, current as of the date of this Agreement. 2.5.2 Based on the approved Design Development Documenu and any fiuther adjustments in the scope or quality of the Project or in the Project budget authorized by the Owner, the Architect shall prepaze, for approval by the Owner, Drawings, Specifications and other documents setting forth in detail the requuements for the fabrication, procurement, shipment, delivery and installarion of furniture, fiunishings and equipment for the Project. Such Work is intended to be performed under one or more Contracts or Purchase Orders beriveen the Owner and Contractor. 2.5.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of the Cost of the Work indicated by changes in requirements or general mazket conditions. 2.5.4 The Architect shall assist the Owner in the preparation of the necessary bidding and procurement informarion. 2.5.5 �he-tl�skitesf-s1��ssisE�he�-i$�eauesEiea for the approval of govemmental authorities havmg jurisdiction over the Project. 2.6.3 Duties, responsibilities and limitarions of authority of the Architect shall not be restricted, modified or eactended without written ageement of the Owner and Architect with consent of the Contractors, which consent shall not be unreasonably withheld. 2.6.4 The Arclutect shali be a representative of and shall advise and consult with the Owner (1) during the Contract Administration Phase until final payment to the Conhactors is due, and (2) as an Additional Service, at the Owner's direction, from time to time until expiration of any applicable correction periods. The Architect sha11 have authority to act on behalf of the Owner onty to the extent provided in tivs Agreement unless otherwise modified by written instrument. 2.6.5 The Arclutect shall assist the Owner in coordinating schedules for delivery and installation of the Work, but shall not be responsible for malfeasance, neglect or failure of a Contractor, Subcontractor, Sub-subcontractor or material supplier to meet their schedules for completion or to perForm their respective duties and responsibilities. 2.6.6 The Arclutect shall visit the Project premises as deemed necessary by the Architect, or as otherwise agreed by AIA DOCUMENC B171 - IN1'ERIOR DESIUN SERVICES AGRF.EMEN'1' - 1990 EDIITON - ASA - COPYRIGHT 1990 - THE AMERICAN INS"11'1'U"1'E OF ARCHITECTS, 1735 NEW YORK AVEN[JE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIEIY OF INTERIOR DESI(iNERS, 608 MASSACHUSETTS AVENIIE N.E., WASHINGTON, D.C., 20002.UNicensed photowpying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with pexmission of the AiA and can be reproduced without violation until the date of expirn6on as noted below. Electronic Format BI71-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #3 the Owner and Arciutect in writing to become generally familiaz with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicatmg that the Work when completed will be in acwrdance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous inspections at the Project premises to check the quality or quanrity of the Work. On the basis of such observaTions as an azchitect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects �d deficiencies in the Work. (More extensive representation on the Project premises may be agreecl to as cm Additional Service, as described in Pcmagraph 3.2.) 2.6.7 The Architect shall not have control over or chazge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, fabricarion, procurement, shipment, delivery or installarion, or for safety precautions and programs in connection with the Work, since these aze solely the Contractors' responsibility under their respecrive Contracu. The Architect shall not be responsible for the Contractots' schedules or failure to carry out the Work in accordance with the Conuact Documents. The Architect shall not have control over or charge of acts or omissions of Contractors, Subconiractors, or theu agents or employees, or of any other persons performing portions of the Work. 2.6.8 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.9 Except as may otherwise be provided in the Contract Documents or when direct communications have been specialiy authorized, the Owner and Contractors shall communicate through the Architect. Communications by and with the Architect's consultants shall be tluough the Arclutect. 2.6.10 Based on the Architect's observations and evaluarions of the Contractors' Applications for Payment, the Architect shall review and certify the amounts due the Conh�actors. 2.6.11 The ArchitecYs certifica6on for payment shall consritute a representation to the Owner, based on the ArchitecYs observations at the Project premises as provided in Subparagaph 2.6.6 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 Imowledge, informarion and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for con£ormance with the Contract Documents upon 99-7y� Substantial Completion, to results of subsequent tests and inspecrions, to minor deviations from the Contract Documents correctable prior to Snal complerion and m specific qualificaYions expressed by the Arclutect. The issuance of a Certificate for Payment shall further constitute a representation thaT the Contractor is entitled to payment in the amount certified However, the issuance of a Certificate for Payment shall not be a representation that the Work is without latent defects, or that the Architect has (1) made e�austive or continuous inspections at the Project premises to check the quality or quantity of the Work, (2) reviewed the means, methods, techniques, sequences or procedures of conshuction, fabrication, procurement, shipment, delivery or installation, (3) reviewed copies of requisitions received from Subcontracto� and other data requested by the Owner to substanriate the Contractots right to payment or (4) ascertained how and for what purpose the Contractor has used money previously paid on account of the Conh�act Sum. 2.6.12 Uniess otherwise provided, the ArchitecPs duries shall not e�end to the receipt, inspection and acceptance on behalf of the Owner of fiuniture, furnishings and equipment az the time of theu delivery to the premises and installarion. The Architect is not authorized to reject nonconforming Work, sign Change Orders on behalf of the Owner, stop the Work or terminate a Contract on behalf of the Owner. 2.6.13 The Architect sha11 interpret and decide matters concerning performance of the Owner and Contractors under the requirements of the Contract Documents on written request of either the Owner or a Contractor. The ArclutecYs response to such requests shall be made with reasonable promptness and within any time limiu agreed upon. 2.6.14 The Arclutect shail render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Conh'actor relating to the execution or progress of the Work as provided in ffie Conhzct Documents. 2.6.15 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonabiy inferable &om the Contract Documents and shall be in writing or in ffie form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Coniractors, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.16 The Architect's decisions on matters relating to aesthetic effect sha31 be final if consistent with the intent expressed in the Contract Documents. AIA DOCUMENT B171 - INTERIOR DESIGN SERVICES AGREEME�Pf - 1990 EDTITON - AIA - COPYRIGHT 1990 -'I'fIE AMERICAN INST1T'i7TE OF ARCIIII'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF IN"I'ERIOR DESIGIVERS, 608 MASSACHUSETTS AVENOE N.E., WASHIlVGTON, D.C., 20002.Unlicensed phoWCOpying viotffies U.S. wpyright laws and is subject to legal proseculion. This document was elechooically produced with pemvssion of the AIA and can be reproduced withou[ violation un61 the daze of expiration as noted below. Elec�onicFormat B171-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #4 9y 2.6.17 The ArchitecYs decisions on claims, disputes or other matters, including those in quesrion beriveen the Owner and Contractois, except for those relaring to aesthetic effect as provided in Subparagraph 2.6.16, shall be subject to arbitrarion as provided in this Ageement and in the Conuact Documents. 2.6.18 The Architect shall review final placement and inspect for dama�e, quality, assembly and function in order to determine that fumitise, fumishings and equipment aze in accordance with the requirements of the Con�act Documents. may authorize minor changes in the Work not invoiving an adjus�ent in the Contract Sum or an ea�tension of the Contract Time which aze not inconsistent with the intent of the Contract Documents. 2.6.22 #�e�ates�r�tes��e�e�iea-aad�§e�ates€ �....1 .. .....l..ti.... ..L...II « .....:.... .....i f .....�...i a.. �1.,. (1.......� C deeua�ea�s � � -�e �� ee�eaES -aa� assea�ik� k� �he � -aa� s�a� -issae �aa� �e�sates � �ea� -ugea fe�rkaase � �he 2.6.19 The Architect shall recommend to the Owner rejecrion of Work wluch does not conform to the Coniract Documents. VJhenever the Architect considers it necessary or advisable for implementarion of the intent of the ConYract Documents, the Arclutect will have authority to require addirional inspecrion or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.6.20 The Architect shall review and approve or take other appropriate action upon Coniractors' 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 e�cpressed in the Contract Documents. The Architect's action shall be taken with such reasonable prompmess as to cause no delay in the Work or in the activities of the Owner or of separate contractors, whIle allowing sufficient time in ffie 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 quanrities or for substanriating instruc6ons for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Conh�acmr to the extent required by the Contract Documents. The ArclutecPs review shall not indicate approval of safety precauuons or, unless otheiwise specifically stated by the Architect, of the means, methods, techniques, sequences or procedures of conshuction, fabrica$on, transportarion or installation. The Architect's approval of a specific item shall not constitute approval of an assembly of which the item is a component, and the Architect's approval of a Sample or Samples shall not consritute approval of that item as delivered and installed if not in conforruance with such approved Sample. 2.6.27 The Arclutect shall prepaze Change Orders and Change D'uectives, with supporting documentarion and data if deemed necessary by the Architect as provided in Subpazagraphs 3.1.1 and 3.43, for the Owner's approval and execurion in accordance with the Contract Documents, and -° ---- • -- -••_ •- ---• 2.7 SERVICES RELATED TO SEPARATE CONSULTANTS 2.7.1 The Architect shali provide information to and incorporate information received in a timely manner from those separate consultants retained by the Owner and identified in Article 12 whose activiries directly relate to the Project. ARTICLE 3 ADDITIONAL SERVICES 3.7 GENERAL 3.1.1 The services described in Uus Article 3 aze not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 32 and 3.5 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Addirional Services in Paragtaph 3.4 aze required due to circumstances beyond the ArchitecYs control, the Architect sha11 notify the Owner prior to commencing such services. If the Owner deems that such services described under Pazagraph 3.4 aze not required, the Owner sha11 give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services aze not required, the Architect shall have no obligarion to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more eactensive representation at the Project premises than is described in Subparagraph 2.6.6 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such responsibiliries at the Project premises. AIA DOCUMENT B171 - IlVTERIOR DESIGN SERVICES AGREEMEN'I - 1990 EDTITON - AIA - COPYRIGHT 1990 - TfIE AMERICAN INS"t'1"1'0"i'E OF ARCHI1'ECTS, 1735 NEW YORK AVE1ViJE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF INIERIOR DESIGIVERS, 608 MASSACHUSETTS AVENUE N.E., WASHINGTON, D.C., 20002.Unticensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with pexmission of the AIA and can be reproduced without violation uMil the date of expita[ion as noted below. Electronic Format B171-1990 User pocument: 9934AIA6171.DOC — 617/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #5 99-��P 3.2.2 Project Representarives shall be selected, employed and d'uected by the Architect, and the Architect shall be compensated .. hourlp on pre-agreed to amount The duties, responsbdiries and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 cunent as of the daTe of this A�eement, unless otherwue agreed 3.2.3 Throu�h the observarions by such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibiliries or obli�ations of the Architect as described elsewhere in this Agreement. 3.4.4 Providing services in connection with evaluating substiturions proposed by Contractors and making subsequent revisions to Drawmgs, Specificafions and other doa�mentarion resulting therefrom. 3.4.5 Providing consultazion concemmg replacement of Work damaged by fire or other cause, and fiunishmg services required in connection with the replacement of such Work. 3.4.6 Providing services made necessary by the default of a Contractor or Subconhactor, by major defects or deficiencies in tbeir Work, or by failure of performance of either the Owner or a Conuactor under a Conhact for the VJork. 3.3 PURCHASING OF FURNITURE, FURNISHINGS AND EQUIPMENT BY THE ARCHITECT 3.3.1 d€�ke-9�veeF��skitesE-agree�-t§e�sk#ece e€-tke�wneF-�v�k�e�s-pFera�e�-�-the�waef�ke{leties zefi�3s-A�ee�� 3.4 CONTINGENT ADDITIONAL SERVICES 3.4.1 Making revisions in Drawings, Specifications or other docutnents when such revisions aze: 7 inconsistent with approvals or insh previously given by the Owner, including revisions made necessazy by ad}ustments in the Ownets program or Project budget; .2 required by the enachnent or revision of codes, laws or regulations subsequent to the preparation of such documenu; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.4.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negoflating and contracting for interior conshuction and fiuniture, furnishings and equipment, except for services required under Subparagraph 5.2.5. 3.4.3 Preparina Drawings, Specificarions and other documentarion and supporting data, evaluating Conhactor's proposals, and providing other services in connection with Change Orders and Change D"uecrives. 3.4.7 Providing services in evaluating an eactensive number of ciaims submitted by Contrnctors or others in connection with the Work. 3.4.8 Providing services in connection with a public hearing, arbitrarion proceeding or legal proceeding except where the Architect is party thereto. 3.4.9 Preparing documents for altemate, separate or sequenrial bids or providing out-of-sequence services requested by the Owner. 3.5 OPTIONAL ADDITIONAL SERVICES 3.5.1 Providing financial feasibility or other special studies 3.5.2 Providing planning surveys, building evaluations or compararive studies of prospecrive buildings. 3.5.3 Providing special surveys, envuonmental studies and submissions required for approvals of governmental authoriries or others having jurisdiction over the Project. 3.5.4 Providing services relarive to future facilities, systems, fiuniture, furnishings and equipment. 3.5.5 Providing services to invesrigate existing condirions or facilities or to make measured drawings thereof. 3.5.6 Making investigarions, inventories of materials or fiuniture, fmnishings and equipment, or valuarions and detailed appraisals of eacisting facilities, furniture, fumishings and equipment, and the retocation rhereof. 3.5.7 Providing services to verify the accuracy of drawings or other informarion fumished by the Owner. AIA DOCUMENL B171 - INTERIOR DESIGN SERVICES AGREEMEN"I� - 1990 EDTITON - AIA - COPYRIGHT 1990 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYAIGHT 1990 - 1T-IE AMERICAN SOCIETY OF INIERIOR DESIUNERS, 608 MASSACHUSETTS AVENUE N.E., WASHINGTON, D.C., 20002.Unlicensed photocopying violates U.S. copyrigM laws and is subject to legal prosecution. This document was electronically produced with pe`mission of the AIA and can be reproduced without violation until the date of expiration as noted below. Elech�onic Format B171-1990 User pocument: 9934AIA6171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #6 9S �� 3.5.8 Providing services involving fravel for the purpose of evaluating materials, fumiture, fumishings and equipment proposed for the Project 35.9 grevi�iag �:�� € ca� � � a a . ��-��-� �'��s-aa� ,4�skites�- 3.5.22 Providing any other service not otherwise included in this Agreement or not customazily fumished in accordance with generally accepted azchitectunl practice. 3.5.10 �e�i� �gee� �ies � -Ehe �rejesE -sesk as � -aEeu� s� �� e�ea� -Feser� 3.5.11 Providing services for the desig¢ or selection of 8raplucs and signage. 3.5.12 Providing services in connection with the procurement of works of art. 3.5.13 ReceipT, inspecTion and acceptance on behalf of the Owner of fiuniture, fumishings and equipment at the time of their delivery to the premises and installation. 3.5.14 �ess�s�-��,�.�s=s sea�Y�Ei�ea�saxagef-ef�eflazate �e 3.5.15 Providing detailed estimates of the Cost of the Work. 3.5.16 Providing detailed quanrity surveys or inventories of material, equipment and labor. 3.5.17 $�e�i�g-assistaase-ia�e�iea-e€-e�ea� eF -systea�s -sxek �s -Yes�is� -a�j�g � �asix� �egaz�iex�€sfle�at�ea-an� �-�s�aiaing geFSe�mei � -eAeraEie� � -aiaiaYeaaase aa� � .� 3.5.18 �evi�ag aaal�ses �€ -aiaia�esaase -a� -efle�iag eesYS, 3.5.19 grevi� �a=:�� -feF � � -eF -reatal � 3.5.20 $�ev�iag °�-,�:;�� -rek� -te �e -AVer� s€ � a-€taa��' tsate-€eF-Fa3s�ea�-aieFe�-69-�a�s-a#eF�he 3.5.21 �egar�sg-a��€-re�e�usible-Feser��a sF b ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide fuH informafion regazding requirements for the Project. 4.2 The Owner shall establish and updaTe an overall budget for the Project, including ihe Cost of the Work, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, ffie Owner shall furnish evidence that financiat arrangemenu have been made to fulfill the Owner's obligarions under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents suhmitted by the Arclutect in order to avoid unreasonable delay in the orderly and sequential progress of the ArchitecYs services. 4.5 If services aze required under Paragraph 3.3, the Owner shall provide and maintain working funds with the Architect, if requfred, to pay invoices chazged to the Project for materials and fiunishings, to secure cash discounts and for required deposiu. 4.6 �e -BwxeF �kal� -�'t�isk �stura� � stieaxisa�-ai�-aa� ivatee-geAutiea-tes£s xes�;-€e�� .�•erials -aa� �eF -k3HeFate�g -aa& -ea�es�eata� �esFS �sge�e�s -� �eger�s -�eq�e� -�}` -la�v -e� -�e � �: 47 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Conhactors' Applicarions for Payment or to ascertain how or for whaT purposes the Contractors have used the money paid by or on behalf of the Owner. 4.8 The drawings, specificarions, services, information, AIA DOCi7MEN'1' B171 - INTERIOR DESIGiV SERVICES AGREEMEN"1' - 1990 EDTITON - AIA - COPYRIGHT 1990 -'1'IlE AMERICAN INSTt1'U'1'E OF ARCIIl'1"6CTS, 1735 NEW YORK AVENOE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRiGHT 1990 - THE AMERICAN SOCLE"1"Y OF IN1"ERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE N.E., A'ASHINGTON, D.C., 2Q002.Unlicenscd photocopying violates U.S. arpyrigh[ laws aad is subject W legal prosecution. This document was elecironically produced with peemission of the AIA and can be reproduced wi[hout viola5on until tLe date of �pirarion az noted below. Elech�onic Format B171-1990 User pocument: 9934AIRB179. DOC — 6l7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #7 99-�5�� surveys and reports provided by the Owner pertaining to the Project shall be fiunished at the Owner's expense, and the Architect shall be enritled to rely upon the accuracy and completeness thereof. 4.9 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes awue of any fault or defect in the Project or nonconformance with the Conhact Documents. 4.10 The proposed lan�'z�e of certificazes or certifications requested of the Arclutect or ArclutecYs consultants shall be submitted to the Architect for review and approval at least 14 days prior to execurion. The Owner shall not request certifications that would require I�owledge or services beyond the scope of this Agreement. 4.17 The Owner shall provide suitable space for the receipt, inspection and storage of materials, fiuniture, furnisUings and equipment. 4.12 �he �ef -skal} �ea� � a�} �e�era� aa� ge�-zele�keae �em�saSieas-aa��est�5`�3`sEe�s 4.13 The Owner shall be responsible for the relocation or removal of existing facilities, furniture, fumishings and equipment, and the contents thereof, unless otherwise provided by this Agreement. ARTICLE 5 COST OF THE WORK 5.1 DEFINITION 5.1.1 The Cost of the Work shall be the total cost or estimated wst to the Owner of all elements of the Project designed or specified by the Architect, including the costs of the Contractor's management or supervision of construcrion or installation. 5.1.2 The Cost of the Work shall include the cost at current mazket rates of labor, materials, fiuniture, fumishings and equipment fiunished by the Owner, and equipment desi�ed, specified, selected or specially provided for by the Architect, including the costs of the Contractors' management eF -sagefvisiea s€ �sHe� or installation, plus a reasonable allowance for the Conuactors' overhead and profit. In addition, a reasonable amount for contingencies shall be included for market conditions at the time of bidding and changes in the Work during the Contract Administration Phase. 5.7.3 The Cost of the Work does not include the compensarion of the Architect and ArchitecYs consukants, the cost of Snancing or other costs which aze the responsbility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR THE COST OF THE WORK 5.2.7 Evaluations of the Owner's Project budget, prelmminary estimates of the Cost of the Work and detailed estimates of the Cost of the Work, if any, prepazed by the Arciutect represent the ArchitecCs best judgment as a design professional familiar with interior desi�. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materiaLs, fiuniture, fiunishings or equipment, over the Contractors' methods of detem�ining bid prices, or over comperitive bidding, mazket or negofiating conditions. Accordingly, the Architect cannot and does not warraut or represent that bids or negotiated prices will not vary from the Owner's Ptoject budget or from any estimate of the Cost of the Work or evaluation prepazed or ageed to by the Architect 5.2.2 No £ixed limit of the Cost of the Work shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the pazties hereto. If such a fixed limit has been established, ffie Architect shall be permitted to include contingencies for design, bidding and price escalafion, to determine what materials, fiuniture, fumishings aa�- equipment, and 5nishes, se�eae� -syste�s � �ges �€ sexs�es�ien-are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Conhact Documents altemate bids to adjust the Cost of the Work to the fixed limit Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execurion of the Contracts. 5.2.3 If bidding or negotiating has not commenced within 90 days after the Arclutect submits the proposed Contract Documents to the Owner, any Project budget or fixed limit of the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the interiors indushy between the date of submission of the Conh�act Documents to the Owner and the date on which proposals aze sought. 5.2.4 If a fixed limit of the Cost of the Work (adjusted as provided in Subparagraph 5.23) is exceeded by the lowest bona fide bids or negoriated proposals, the Owner shall: 7 give written approval of an increase in such fised limit; AIA DOCUMENL B171 - INTERIOR DESIGN SERVICES AGREEMEN"1' - 1990 EDTLION - AIA - COPYRIGHT 1990 - THE AMERICAN INSTiTt7TE OF ARCHITECTS, ll35 NEW YORK AVENOE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - I'HE AMERiCAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE N.E., WASHINGTON, D.C., 20002.Unlicensed photowpying violates U.S. copyright laws and is subject to legat prosecuUOn. T'his document was elechonically produced with permission of ihe AIA and can be reproduced without viola[ion until tl�e daYe of exp"vazion u noted below. Elech�onic Format B171-1990 User pocument: 9934AIA6171.DOC — 6!7/1999. AIA License Number 100381, which expires on 3/6l2000 — Page #8 99•7 y� .2 authorize rebidding or renegoriating of the Project within a reasonable time; .3 if Yhe Project is abandoned, terminafe m accordaace with Pazagraph 8.3, or ��-��-��-��-e€.� �� L�.,....1. tL.... i.., l.:_..a �-w-�� te � �esi�e� �} � -ia -aeser�e -wiFk �e �e�s�ea � ��isatiea �es �€ -�e � �§iY�atiea�sseEiatiea-s�}y-�a-effest�ts�ess-tke-�§es .4 cooperate in revising the Project scope and quZlity as required to reduce tfie Cost of tiie Worlc 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify rhe Conti Documents as necessary to comply with the fixed limit, if established as a condirion of this Agreement The modificarion of the Conhact Documents shall be the timit of the Architect's responsibility azising out of the establishment of a fixed limit The Architect shall be enti8ed to compensation in accordance with this Agreement for all services performed whether or not the Contract Adminishation Phase is commenced. ARTICLE 6 USE OF ARCHITECTS DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents prepazed by the Architect for this Project aze instnunents of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documenu and shall retain all common law, statutory and other reserved rights, including the copyright The Owner shall be permitted to retain copies, including reproducible copies, of the ArchitecYs Drawings, Specificarions and other documenu for informarion and reference in connection with the Owner's use and occupancy of the Project The ArclutecPs Drawings, Specifications or other documenu shall not be used by the Owner or others on other projecu, for additions to tUis Project or for compleuon of this Project by others, unless the Architect is adjudged to be in default under This Ageement, except by ageement in writing and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for simIlaz purposes in connection with the Project is not to be consUued as publicarion in derogarion of the Architect's reserved rights. ARTICLE 7 ARBtTRAT10N 7.1 �s �es -e� -e#keF -aiaueFS -ia �}aes�ea 7.2 Pwssi ,a c_..a.:.._. .. ..u.,n �.., ai..a :_ .� fi�e stkeF �-te -#�is A�rE -_--• sa� iv#k fi�e �e�isaa t�i5 �sse sia�ea: --t� �� -arki�;�tiea - ska� � e �a�e � � -�easeaa�ile �e -a#�eF-i§e-sla� � a� et�eF-mat�eF �a �es�ea�as-a�isea--�a�e-eveaE-sl�-E§e ..Fl..,...1 .. ....:+.R.le e..A:...... 6.,....A .. ...L ..1..:... A:.... a D �Y Y � D s��i�tese€�- 7.3 �ie -ar�i�atiea � s� s€ sF -�ela�isg -te �his A�eeffien�-ska�}�e -kY-seaseli�a�ie��sF��a3` �ee�es� �seg��}-�-sessea� �eaEa�ag-a-sgebifi� re€erease-fe-Uxis�eea�ea�-sigae�-bi`�ke�vaef�es� aa�-aa3`�keF-geFSea . -Esae,eaE te:�3�i�atiea-ia"",� -:�-aaa�iesa�-�er-sea-eF-ea�}� ��easti£ete�easeal-te-a�ii�aEiea-e€-�}��isgxfe� etket-�atteF-i$-c�esEiea-aeE-dessr�e��a-f�e�itYe[:�exSeaE eF �a-fleFSessF-eati�y�-aas�e�s�-�essri�ec�-�herei� >� � -H3e -gar�ies -te -tk�s �eea�ert� � -�e -sgesi€sa� ea€e�seaFile-i�-assert�ase-r�vtk-agg}isaFile-la�-ut-aa�}�ew� 7.4 �e-awar�-FeadeFe�-§�-ske-arkiHateFSF-arki�ateFs ska� �e -€� -aa& �u�est -�ay �e �atet�ecl -uAea � �a asser�aase -wiU} -ag�ksable -la� -ia -aay •se�E -kav� � � T`U c� �&��11:1�f� � f� �iSPiA.T}3 F'�D1.�11wM�1' ARTICLE 8 TERMfNAT10N, SUSPENSfON OR ABANDONMENT 8.1 �is-Ag�ee�aea�-�a��e�e�iaate�ky�� 3e -ger�'e�t -ia �sser�aase � �ke te�s s€ �s -A�ee�eaE -E�et�lt -ae -€a}il4 �€ fi�e -� 8.2 �€�ke�ejest-is�sgea�e��}-t§e�waeF�-aieFe €e�-seFViees-geFfe�e� � �e-ae�ies-e€-sask��,geasiex: �A'-�ea �he-grejes�-is-rest�e�-�he-t�ski#es�s -se�geasa�iea AIA DOCUMENT B177 - INTERIOR DESIGN SERVICES AC�REEMEN"t' - 1990 EDITION - AIA - COPYRIGHT 1990 - THE AMF:RICAN INSITCUTE OF ARCIff"PECTS, 1735 NEW YORK AVEN[JE N.W, WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - 1T� AMERICAN SOCIETY OF AITERIOR DESIGNERS, 608 MASSACFR7SETTS AVIIViJE N.E., WASHINGTON, D.C„ 20002.Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecu[ion. This document was electronically produced with permission of the AIA and can be reproduced without viola[ion �mfit the date of expiration as noted below. Electronic Format B171-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #9 99-7`f� 8.3 �kis _^_a_°--�---.—m°=`�ay-�exer�aated-§�-t}�e�eF �iejeeE -es -al�eaer� -§� -t§e �eF -feF �e �haa �8 ,... �. � ..? .. 8A �ai}u�e -e€ �e � �e -a�e $a�eafs �e �e �teeE �a -aeeer�aaee � �is z4�eeFaea� �ka� -be �e� � �eager€er�e -att� ca�se � ter�iaa4iea. 8.5 �€�ke��}s�e-ax�e$a�ea�jvkea�e�ke e€�e�s iees�eFfi�s . -ia-fi�-is �a-t�e-evesE�€-a-se+s�easieas€�ePtiees-tke�skitee�-ska�l ll.....e� l.o,.......o ..F....,.M .. ..f �el..:�e�_ 8.6 �s �he -ea=e� -e€ xer�aaEiea -ne6 fi$e �� -e€ -t�e t�sk�tes� �ke �skitesf -ska� -be -se��easate� -feF �eFVises � �eF �e -Ee�aa�ie� �eget3�eF-w�t �le €�geases-tliea�ue-aa��!}�e�a�ex-�geases-a,�e€tae� .. D..�....�....4 O '] � 8.7 �'er�iaatieff -�ieases -are -i�t �iea �e e*�eases -�kiel� -aFe �est� -ai�xtab�e xe xe�iea. �e�iaaEiea�geases�a(i-be-se�te�as-a-fleFSexitage-e€ tke �eka} �easa�ie�x � �asis -an� �eaa! -SeFVises �wes�}=�eFSen�-e€�e-�e4alce�flet�saHea-€eF-�asis ess�s �ie€eFe -ef �g -�e �e�g � .2 t��lCli4ieaa� �er�ises -earae� -te �ate -i€ �er�iaaEiea governed by the law of the principal place of business of the Architect. 9.2 Teims in this Agreement shall have the same meaning as those in AIA Document A201/CriTEi, General Coaditions of rhe Contract for Conrnuctiott, and 'm A7A Document A271, Getteral Condirions of the Contract for Fumiture, Fumishings and Equipment, as appropriate, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acks or failures to act shall be deemed to have accrued and the applicable statutes of limitarions shall commence to mm �ot later than either the date of Substanrial Complerion for acts or failures to act occurring prior to Substanrial Complerion, or the date of issuance of the final Certificate for Payment for acu or failures to act occurring after Substantial Completion_ 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and emptoyees of the other for damages, but only ro the extent covered by property insurance during constmction and installation, except such rights as they may have to the proceeds of such insurance set forth in the editions of AIA Document A201, General Conditions of the Conhact for Conshuction, and AIA Document A271, General Condi6ons of the Contract for Furniture, Fwnishings and Equipment, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their conhactors, consultants and agenu. 9.5 The Owner and Architect, respecrively, bind themselves, their partners, successors, assigns and legal representarives to the other pazty to this Agreement and to the partners, successors, assigns and legal representarives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assigu this Agreement without the written consent of the other. 9.6 This Agreement represenu the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Ageement may be amended only by written instrument signed by both Owner and Arclutect. .3 A�i�ieaa� �er �aec� -te �ate �€ xet�isafien t� IL" !%F��i h£i'�4�i11T- ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be 9.7 Nothing contained in this Agreement shall create a con�actual relationship with or a cause of action in favor of a third party against either the Owner or Architect . 9.8 Unless othenvise provided in this Agreement, the Arc]utect and ArchitecYs consukants shall have no responsibility for the discovery, presence, handting removal or disposal of or exposure of persons to hazardous maYerials AIA DOCUMENT B171 - INIERIOR DESIGN SERVICES AGREEMENT - 1990 EDITION - AIA - COPYRI(iH'C 1990 -"f'ilE AMERICAN INSTIT[1TE OF ARCFIlTECTS, 1735 NEW YORK AVENIJE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHI' 1990 - THE AMERICAN SOCIEfY OF 1N1'ERIOR DESIGNERS, 608 MASSACFI[JSETLS AVENOE N.E., WASHINGTON, D.C., 20002.Unlicensed photocopying violates U.S. copyrigh[ laws and is subject to legal prosecutiop. This docutttent was electronically produced wiih pecmission of the AIA and can be reproduced without violaflon imtil the date of expiration as noced below. Electronic Format B171-1990 User pocument: 9934AIAB171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3!6/2000 — Page #10 99-7� � in any form at the Project premises, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toacic substances. .. - - 10.2.7.3 7f • ,rt - �a :- -a-.�-�� +--.•� , �,•so. �� umri ..a, _..,...:�.... �,;..x,._ a..._ , �1 a C a 9.9 The Architect shall have the right to include representations of the desi� of the Project, including photo�aphs of the eaterior and interior, among the ArchitecYs promotional and professional materials. The ArclutecYs materials shall not include the Owneis' confidential or proprietary information if the Owner has previously advised the Arclutect in writing of the specific information considered by the Owner to be confidential or piopiietary. T ��^Pr ch 11 nr �+ e oio�Fi�nal rrrrlit fnr 9.10 Except with the Ownets imowledge and consent, the Architect shall not (1) accept trade discounts, (2) have a significant financial interest, or (3) undertake any activity or employment or accept any contabution, if it would reasonably appeaz that such activity employment, interest or contaburion could compromise the ArclutecYs professional judgment or prevent the Architect from serving the best interests of the Owner. ARTICLE 70 PAYMENTS TO THE ARCHITECT 70.1 DIRECT PERSONNEL EXPENSE 70.1.7 �iFes��eFSe�ae�-�xgease-is�e€�e�as�e�ee� s�laries-e€�e �ites�s-geFSe��agage� �a�he�ejesE Eea�x�ieas -aa� -l�eae€�is -Felate� �ieFete -susk -as e�g}e�aex� -fa�ces -aa� stheF � -eaty�leyee '�"-��•", � � -leava -13ek�kxys �,zsaFieas -geasieass -ar� 10.2 REIMBURSABLE EXPENSES 10.2.1 � -�genses �e -�t a�iea -te eea�easaFiea-€eF��-a��#irieaa�-Se�asesaa��e ��-sensukaaES-i��ke-i�Eeres�-e€�he �� 70.2.1.7 €�ease-e€�e�iea�a�esnes�ieaivitkfihe �ejes$-e�eases-iaceanesHea�x-aut3�eFi�e��-e€�eu�a � -�eagt�ks#axse -se�ieas -aa� -€ees -gaic� -€eF ses�ag-�eva�s€-au�ke�ies�av�eg�is�isEiea-eveF-the � 10.2.1.2 , a 10.2.7.4 €ycgease �€ =°�z� �e�e]s a� -�ee�s .»..a ,�_..u.....m„_ 10.2.7.5 ��gease s€ �tieaa� �ce -severage -eF 1:�..:4.. :�...l..a:�..� ��..F ....:,.....1 l:..L:l:a., :......«.�..... _ ,.. A l� . a r �-y � Tk �A Qtxma�_ ............ ..ra�.... _.-.....n. .,..�: a �. � �. �.• � , 10.2.7.6 �xgease -e€ � �es�� -a� -� 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 ,4 $- :..: ��}-fla3�eaE-as��'�'-�" �� ".' :� 10.3.2 Subsequea� -gaya�ea�s -feF �asis �e�iees � �e �ta�le-me�k}3�� iv}�ere-a�p}isaHle,�-skal��e-�a�Feger�Eiex te-ser-c�ises-�eFfers�e�-w� �ask-flkase-e€-ser�ie� sa-t�e 10.3.3 � -se -#'a�E s€ �he Arskitee� -sea�geasa�iea � -an3� 10.3.4 eF-et�e�se , -fle#ieas e€�e -�ejes4 -s� -He -�Tyable -te -the �ea� �e�ases are se� -fertk -ia �u�g�a�agk �� asec� �t {� �ke-lecves� gFe�esal-is-raseive�-tke-xxest��s�,ates€ �e�est-e€-Eke�l��-�leEaile�l�st�ate-e€�e�es��€�§e 70.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 70.4.7 Pa3�eatssa-asse�s€�ke�sk�esY-s�esai Se�iees -aa� -feF �e�a�ile -�eases -s§al� -be -�a�e �` �gss -g�eseeta�iea s€�e �laskitee,ES � �€ „_ea ,._ e.,..e....e� :..,...._,.a 10.5 PAYMENTS WITHHELD AIA DOCUMENT B171 - INTERIOR DESIGN SERVICES AGREF,MENT - 1990 EDTITON - AiA - COPYRiGHT 1990 - THE AMERICAN INSTITOTE OF ARCHI"1'ECTS, 1735 NEW YORK AVEI�IIE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT I990 - TIIE AMERICAN SOCIETY OF INi'ERIOR DESI(GNERS, 608 MASSACfiiJSEtTS AVEfII7E N.E., WASfDNGTON, D.C., 20002.Unliceased pho[ocopying violazes U.S. copydght laws and is subject w legal prosecutioa This document was elecrtonically produced with pemiission of the AIA and can be reproduced wi[hout violation until the date of expiraiion as noted below. Electronic Format BI71-1990 User pocument: 9934AIA6171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #1'I 99-�Y�' 10.5.1 �Ie�e�xxstiess�ka}��e-�a�e-f�x§e�es�s ee�peasa�-ea-asEeuaa�€-geaa�Y;-�fe�-�xagess� 10.6.1 �ese�s�€��xgesses-aa��esses et�ef�s-�el�#�e�-ga}�eats�e�ea�asteFSS�-ea �-is�iesa�-Se�iees aeeeua�-e€�e�esE�€ � � a�a�ila �e -E�e $waef � �e �s -a�ker�e& 70.6 ARCHITECTSACCOUNTINGRECORDS 5 v�' P�� l-a6TtT- ARTICLE 11 BASIS OF COMPENSATION See 6asic Agreement . 17.1 n�r rnirrr n r n n vn.fcnrr ,.c �{$ ) n..�„�„ as�st- (G=dicate whether initial payment will be csedited ta the first, to the lasi or proporfionately to a11 paymentr on the Owner's account) 11.2 BASIC COMPENSATION 11.2.1 , , , (lasert baris oJ compenration. rncluding stipulnted .n�ms, multiples or percentages, m�d idera� phases to which particulm methods oj compensation apply, if necess�}+.) 11.2.2 �kerecex�fleASa�iea-is-l�asec}sn-a-sEigetlate��r�-�sentage�€�§e-6esE�€�§e�Ye�IF-�egess-gay�en�s��asis (Insert addilional phases as appropriate.) ' _ � = • -. • " �-,..,.,.-..�� e.'.,,......�� . .. - �dF68ll�� %� �eF66Ht{ %� �36F668Y{ %� �BE6BBY{ %� . � %� . one un e percen o .�• ��1_ .Y •. •.�� 11.4 COMPENSATION FOR ADDITIONAL SERVICES 11.4.1 (Insert basis of compensation, induding rates mrd/or multiples of Direct Personnel Experzre for PrincipaLr and employees, mrd identify Principals wrd clars� employees, if required Identify specific services to which partici�lar methods of campensation apply, if ttecessury.) 17.4.2 £9�� "• . - , ( ) � suE3r s2�-� (Identify spec�c types of consultanu in Article 12, if requ'ued) 71.5 � � �£�FS� �s �lessr-i�ec� �a �agk �; -aa�-aay st�eF iYems -insk�de� �n �Eisle �-as AIA DOCUMEN't' B171 - IN1'ERIOR DESICrN SERVICES AGREEMENC - 1990 ED7TION - AIA - COPYRIGHT 1990 - THE AMERICAN INST1'1'UTE OF ARCI�Il1'ECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - TfIE AMERICAN SOCIETY OF IN'1"ERIOR DESI(iNII2S, 608 MASSACHUSETTS AVENUE N.E., WASHINGTON, D.C., 20002.Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosewtioa This docutnent was electronically produced with pemiission of the AIA and can be reproduced without violation until the daTe of expiration as no[ed below. Electronic Format B171-1990 User pocument: 9934AIA6171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #12 9� -��}8 C ) -Y'°J � 11.6 O - O� ..i...it l.e.. :..te�e.w .,« al.e .-�ta e..�e..e.i l.et... „ �i.� .,l...e....e «i.e�e..r..a at,, t......t .... __ ..:i• <. � a a (lrzsen rate of interest agreed upon.J (U.�wy 7aws and requiremenf.s rmder the Federal Truth in Zending Ac{ s6rsilm state mid loca! contwner credit laws mld atFees regulations at the Owner's mld �irchirecPs pr'mcipal places of busmesg the locatian of the Project mld eLrewhere may ajfect the vaZidity of this prwisiorz Specrfu lega[ odvice shou7d be obtained with respect to de(etions or mod�ations, and aLso reg�dmg requirements.ruch as wriuen disclo.naes or waivers.) 11.7 ( ) $� }�� #i�e�t-ae-PaulES€-Eke ^--� ��?_---_�eyea�-E�aE-Ha3e�ka1�-be -as � -�e�� SE� ��--� P�ji?� ARTICLE 92 OTHER CONDITIONS OR SERVICES (Insert descriptiorss of other services, ident� Additional Services included within Basic Compexsation mrd mod�cations to the payment and compensation terncs included in this AgreemenG) This A�eement entered into as of the day and year fust written above. OWNER (Signature) (Printed rsame arrd title) ARCHITECT (StBr+atm'e) (Printed name a,rd titleJ AiA DOCUMENC Bl'Il - INTERIOR DESIGN SERVICES AGREEMENC - 1990 EDTTION - AIA - COPYRIGHT 1990 - TFIE AMERICAN INS"IY'fU'LE OF ARCI3ITECTS, 1735 NEW YORK AVENIIE N.W., WASHINGTON, D.C., 20006-5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACfi[7SETTS AVEN[JE N.E., WASHINGTON, D.C., 20002.Unlicensed photocopying violazes U.S. copyright laws and is subject to legal prosec�on. This document was electronically produced with penuission of ihe AIA and can be reproduced without violation until the daTe of eayiration as noted betow. Electronic Format B171-1990' User pocument: 9934AIA6171.DOC — 6/7/1999. AIA License Number 100381, which expires on 3/6/2000 — Page #13 ACORD CERTIFICATE OF LIABILITY INSURANC� RG DATE(MM/OD/Y1� YHR-1 OZ/14/9: 'RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dyste Williams Ageacy HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 35 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Kinneapolis DIDT 55440-0035 � INSURERSAFFORDINGCOVERAGE Phoae:612-593-5025 Fax:612-545-3160 . ', INSURFRA � INSURERB: MeY er Scherer & Rockcastle LtH -� �NSURERC: 119 North Second Street '� ixsurz�RO: Mianeapolis ba7 55401-1420 i �', INSURERE COVERAGES THE PoLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOlHE INSURED NAMED ABOVE FOR THE POLICY PFRIOD INDICA7ED. NOTWRHSTANDING ANY REQUIREMENT, 7ERM OR CONDfiION OF ANY COMRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSIIED OR MAY PERTAIN, iHE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SU&IECTTO ALL THE TERMS, EXCLUSIONS AND CANDfT10NS OF SUCH POUCIES AGGREG4TE LIM7TS SHOWN tdAY HAVE BEEN REDUCED BY PAID CLAlldS. �� iYPE Of INSURANCE POLICV NUMBER . pA� ME�pCTIVE I POATEYM�M/PD�D TION LIMRS p. � GENERALLIABILIN I I i � EACHOCCURRENCE $ ZOOOOOO COMMERCL4LGENERALLIABILfiY �I CQ$ 0105246 I l i 04/O1/99 I �4��.�� FIREDAMAGE(Myonefire) $ rjQQQQ �� I I CtAIMSMADE 'LX � OCCUR i � i� MEDEXP(Myaneperson) $ SOOO I PERSONAL&ADVINJURY $ZOOOOOO i GENERALAGGREGATE $ 4000000 GEN'LAGGREGATELIMITAPPLIESPER:I PRODUCTS-COMPlOPAGG $�}OOOOOO POLICY � �E� �� LOC AUTOMOBILE IIABILITV P. �ANVAUTO � QQ$ 0105246 I 04/O1/99 04��],�� COMBINEDSINGLELIMIT $ .Z�Q�QOp (Ea acndent) ALLOWNEDAUTOS � BODILV INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS I BODILVINJURV X NON-0WNEDAUTOS (Peracatlent) $ � I PROPERTVDAMAGE $ (Per awtlenq GNRAGELIABILIT' I AUTOONLY-EAACCIDENT $ ANYAUTO OTHERTHAN �ACC $ I AUTOONLV: AGG $ EXCESSLIABILfiY I � I � EACHOCCURRENCE $ BOOOOOO A � occua �j cvaMSmwoe ' CCS 0105246 04/Ol/99 04/Ol/00 AGGREGATE s 3000000 a R DEDUCTIBLE g REfENT10N $ ZOOOO I I $ WORKERSCAMPENSATIONAND � i �TORYLIMRS X ER EMPLOYERS' LIABIiffY A i C4PC 0105246 'I 04/O1/99 04/Ol/00 E.L EACHACCIDENT 5 500000 E.L.DISEASE-EAEMPLOY $ SOOOOO j E�.DISEASE-POLICVLIMIT $ SOOOOO � OTHER B �Professional Liab I NPC0145481-00 03/22/98 04/Ol/00 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Architects & Sngineers Professional Liability (Claims Made Form) $2000000 Per CZaim / $2000000 Aggregate City of St. Paul, its officials, employees and its construction maaagers are iacluded as additioaal insureds. CERTIFICATE HOLDER I y', ADDITIONAL INSURED; INSURER LETTEF2: A CANCELLATION CITYO-1 SHOULDANYOFTFIEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE7HE EXPIRATION DA7E THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYSNRf77ENNOTICETOTHECERTIFICATEHOLDERNAMEDTOTHE C].ty OP St. Paul tEFT,BIRFAILURETODOSOSHALLIMPO$ENOOBL(GATIONORLIABILINOF St. Paul Pll}JZ1C Library ANYKINDUPONTHEINSURER,ITSAGENTSORREPRESENTATNES. 90 West 4th Street St. Paul 2�7 55102 Ted E. D ste ACORD 25-S (7/97) " ACORD CORPORATION 1988 9y-?�s� Architect /�� l f �2� Date: � ' 6 ' � Division of Libraries � ; � /� / Date: 7 /� �� Departm�nt of Human Rights Assistant City Attomey Date: Office of Financial Services Date: Mayor Date: Date: