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HomeMy WebLinkAboutItem 06.wDecember 19, 2011 Item No. Approval of services with Tushie Montgomery Architects in the remodel project of Fire Station 4 for Administration Space. Proposed Action Staff recommends adoption of the following motion: Move to authorize the service agreement between the City of Lakeville and Tushie Montgomery Architects. Overview Council was given an overview of the project that involved the remodel of Fire Station 4 to accommodate new fire administration offices and the remodel of phase of Fire Station 1 on November 28, 2011. Tushic Montgomery Architects would provide services in the schematic design and development, construction documents, bidding and negotiations, and assist in the construction phase. Primary Issues to Consider • The administrative function would be relocated to the north east section of Fire Station #4 which currently serves as a garage and staff quarters for ALF Ambulance (Allina Medical Transportation) and offices for the fire relief and training officers. • Tushie Montgomery designed Fire Station #4 in 2004. Because of their familiarity with the current facility, staff sought their advice in developing the proposed layout, configuration and analysis of Fire Station #4. Tushie Montgomery submitted a proposal of $13,400 for design of Fire Station #4. The firm has provided architectural services for many of Lakeville's city facilities and fire stations in other communities. Supporting Information • Lakeville Fire Station 4 Renovation Proposal with Tushie Montgomery Architects • Lakeville Fire Station 4 AIA Contract • Workshop Memo 11.28.11 Mike Meyer, Fire Chief Financial Impact: $ 13,400 Budgeted: Yes Source: Building Fund Related Documents (CIP, ERP, etc.): Notes: � D ocument B102T" - 2007 Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect's Services AGREEMENT made as of the Fifteenth day of December in the year Two Thousand Eleven (In words, indicate da); month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 and the Architect: (Name, legal status, address and other information) Tushie - Montgomery& Associates, Inc. 7645 Lvndale Avenue South Suite 100 Richfield, Minnesota 55423 for the following Project: (Name, location and detailed description) Lakeville Fire Station #4 Office Renovation 9465 185th Street Lakeville. Minnesota 55044 Project includes renovation of approximately 2 square feet of existing ambulance garage bav area and associated offices for Lakeville f ire Dep offices. The Owner and Architect agree as follows This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. [nit. AIA Document B102 — 2007 (formerly B141Tm —1997 Part 1). Copyright© 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This At a Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal t penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:12 on 12/16/2011 under Order No. 1235030662_1 which expires on 0810412012, and is not for resale. User Notes: (1714909544) TABLE OF ARTICLES 1 ARCHITECT'S RESPONSIBILITIES 2 OWNER'S RESPONSIBILITIES 3 COPYRIGHTS AND LICENSES 4 CLAIMS AND DISPUTES 5 TERMINATION OR SUSPENSION 6 COMPENSATION 7 MISCELLANEOUS PROVISIONS 8 SPECIAL TERMS AND CONDITIONS 9 SCOPE OF THE AGREEMENT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The Architect shall provide the following professional services: (Describe the scope of the Architect's services or idenlifi an exhibit or scope ofservices document settingforth the Architect's services and incorporated into this document in Section 9.2) See attached "Exhibit A" for scope of services § 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 1.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 1.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 61.5 The Architect shall maintain the following insurance for the duration of this Agreement. lfw ' .1 General Liability $1.000,000 .2 Automobile Liability $1,000,000 .3 Workers' Compensation Init. AIA Document 6102TM' - 2007 (formerly 13141"' - 1997 Part 1). Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and 2 International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal t penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:12 on 12/16/2011 under Order No, 12350306621 which expires on 08104/2012, and is not for resale. User Notes: (1714909544) (identify t,)pes and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if an'.) $1,00(t.00 .4 Professional Liability $ 1 , 000,000 ARTICLE 2 OWNER'S RESPONSIBILITIES § 2.1 Unless otherwise provided for wider this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 2.2 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 2.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated m this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 2.4 The Owner shall furnish all legal, insurance and accounting services, including auditing set-vices, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 3 COPYRIGHTS AND LICENSES § 3,1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 3,2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective instruments of Service, including the Drawings and Specifications,, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 3.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Sections 5.3 and 5.4, the license granted in this Section 3.3 shall terminate. AIA Document B102 (formerly 8141 Tm — 1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Init. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and 3 International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AIA software at 09:56:12 on 1 211 612 011 under Order No.1235030662_1 which expires on 0 810 412 01 2, and is not for resale. User Notes: (1714909544) § 3.31 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising fiom such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 3.3.1. § 3.4 Except for the licenses granted in this Article 3, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 4 CLAIMS AND DISPUTES § 4.1 GENERAL § 4.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, toil, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 4.1.1, § 4.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such eights as they may have to the proceeds of such insurance as set forth in AIA Document A201 -2007, General Conditions of the Contract for Construction, if applicable. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 4.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 5.7. § 4.2 MEDIATION § 4,2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 4.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 4.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 4.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 4.2, the method of binding dispute resolution shall be the following: AIA Document B102 — 2007 (formerly 131411 Part 11. Copyright© 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1911, Init. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and 4 International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal / penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AIA software at 09:56:12 on 12/16/2011 under Order No.1235030662_1 which expires on 08/0412012, and is not for resale. User Notes (1714909544) (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court ofcompeteni jurisdiction) [ j Arbitration pursuant to Section 4.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ j Other (Spew) § 43 ARBITRATION § 4.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 4.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 4.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 4.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 4.3.4 CONSOLIDATION OR JOINDER § 4.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 4.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 4.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 4.3, whether byjoinder or consolidation, the same rights ofjoinder and consolidation as the Owner and Architect tinder this Agreement. ARTICLE 5 TERMINATION OR SUSPENSION § 5,1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses AIA Document B102i - 2007 (formerly B141 - 1997 Part 1). Copyright© 1917, 1926, 1949, 1951, 1953, 1958, 1961 1963, 1966, 1967, 1970, 1974, 1977, Init. 19117, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and 5 International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal i penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:12 on 12[1612011 under Order No.1235030062_I which expires on 08/0412012, and is not for resale. User Notes: (1714909544) incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 5.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 5.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 5.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 5.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 5.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then d efined in See6erT . due. § 5.8 The Owner's rights to use the Architect' s Instruments of Service in the event of a termination of this Agreement are set forth in Article 3 and Section 6.3. ARTICLE 6 COMPENSATION § 6.1 The Owner shall compensate the Architect for services described in Section 1, l as set forth below, or in the attached exhibit or scope document incorporated into this Agreement in Section 9.2. (Insert amount of or basis for, eo»tpensation or indicate the exhibit or scope document in which compensation is provided for.) § 6.2 COMPENSATION FOR REIMBURSABLE EXPENSES § 6.2.1 Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out -of -town travel and subsistence, .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; ,5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; J Renderings, models, mock -ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 Ail taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and 11 Other similar Project - related expenditures. Init. AIA Document B102u` - 2007 (formerly B141T" - 1997 Part 1). Copyright© 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1911, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This At A' Document is protected by U.S. Copyright Law and 6 International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal t penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:12 on 12/16/2011 under Order No. 1235030662_1 which expires on 08/04/2012, and is not for resale. (1714909544) User Notes: § 6.2.2 For Reimbursable Expenses, the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of fifteen percent (L5_%) of the expenses incurred. § 6.3 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 5.5, or the Architect terminates this Agreement under Section 5.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of the Project as follows: None § 6.4 PAYMENTS TO THE ARCHITECT § 6.4.1 An initial payment of Zero Dollars ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 6.4.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Arcbitect. (Insert rate of monthly or annual interest agreed upon.) 8% § 6.4.3 The Owner shall not withhold amounts fiom the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 6.4.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7,1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 4.3. § 7.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 -2007, General Conditions of the Contract for Construction. § 7.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 7.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner'or Architect. § 7.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. Init. AIA Document 8102T'" — 2007 (formerly 8141 *"' —1997 Part 1). Copyright ©1917, 1926, 1946, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and 7 International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:12 on 12/16/2011 under Order No. 1235030662_1 which expires on 08/0412012, and is not for resale. User Notes: (1714909544) § T7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 7.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLES SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 9 SCOPE OF THE AGREEMENT § 9A This Agreement represents the ent$e and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B102-2007, Standard Form Agreement Between Owner and Architect .2 ATA D eetimen t E201 2007 Di D n r F if c `d e#ol{eavingt .3 Other documents: (List other documents, including the Architect's scope ofsen docionent, hereby incorporated into the Agreement.) "Exhibit A" — Scone of Services and Fee Proposal At Document B102w — 2007 (formerly 8141'" —1997 Part 1). Copyright© 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Init. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and 8 International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal t penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:12 on 12/ 1 612 01 1 under Order No. 12350306621 which expires on 0810412012, and is not for resale. User Notes: (1714909544) '] - his Agreement entered into as of'the day and year first written above. OWNER ARCHITECT City of Lakeville, Minnesota Tushie- Montgomery & Associates, Inc. (Signatllre) (.Signrilaa•e) Dennis Fetter, Finance Director Andrew Krenik. Senior Associate (Printed name and title) (Printed name arrd title) Init. A[A Document 6102 —. 2007 (formerly 6141 ^" .1997 Part 1).. Copyright 1917, 1926, 1948, 1851, 1953, 1968, 1961 1963,.1966,.1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and, 9 international Treaties, Unauthorized reproduction or distribution of this Ae Document, or any portion of it, may result ins evere civil and criminal t penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:12 on 12116/2011 under Order No 1235030662_1 which expires on 0810V2012, and is not for resale. User Notes: (1714909544) EXHIBIT A PROPOSAL FOR PROFESSIONAL SERVICES LAKEVILLE FIRE STATION #4 OFFICE RENOVATION LAKEVILLE, MINNESOTA October 28, 2011 REVISED DECEMBER 15, 2011 Having met and discussed the project with Fire Chief Mike Meyer and Finance Director Dennis Feller of the City of Lakeville, Tushie- Montgomery & Associates, Inc. proposes the following scope of work as a recommended procedure for the renovation of the existing Fire Station #4 in Lakeville, Minnesota. PROJECT DESCRIPTION: Renovation and conversion of approximately 2,900 square feet of the existing ambulance garage bay and associated offices for the Lakeville Fire Department offices. The existing garage space shall be converted to offices by capping the trench drains, replacing the overhead doors with full height windows, and planning for new office space with new finishes throughout. Architectural and Interior plans shall be provided for the Construction Manager to solicit quotes for each determined portion of work. Mechanical and Electrical design work shall be completed by the Construction Manager's subcontractors. This proposal is based upon floor plan option seven already completed by TMA. SCOPE OF SERVICES: The professional services of Tushie- Montgomery & Associates, Inc. shall be as follows: SCHEMATIC DESIGN AND DESIGN DEVELOPMENT: A. Review all information, reports, documents, and drawings the Owner may have for this project. Review the current and projected future needs of the building with the Owner and finalize a program. B. Meet with the City of Lakeville Representatives to determine the following program elements; Extent of Renovation Number of Offices Window /door placement Exterior curb /sidewalk at new windows Interior Finishes C. Meet with the City of Lakeville to finalize The interior layout. D. Based upon the established program prepare floor plans for the renovation E. Submit proposed plans to the Owner's Construction Manager for preparation of preliminary construction cost estimates. E. Coordinate preliminary mechanical, plumbing, fire protection, and electrical designs and plans to meet the program requirements with the Construction Manager's contractors and their engineers. H. Meet with the Owner to finalize all designs, and assist the Owner in obtaining final plan approval from the City. Lakeville Fire Station #4 Office Renovation EXHIBIT A Proposal for Professional Services EXHIBIT A Lakeville Fire Station #4 Office Renovation Lakeville, Minnesota October 28, 2011 Page 2 of 4 II. CONSTRUCTION DOCUMENTS: A. Based upon City of Lakeville requested changes, finalize all architectural designs. B. Make recommendations on the selection of materials and color selections. C. Mechanical and Electrical designs and drawings shall be completed by the Construction Manager's subcontractor's registered engineers and are not the responsibility of the Architect. The Architect shall assist the Owner in coordinating these activities with the subcontractors and their engineers to correspond with the Architectural Documents. D. From the approved design studies, prepare a set of construction drawings and general construction notes, which shall include the following: Architecture and Interior Desirn: Architectural Code Summary Floor Plan Ceiling Plan Exterior Elevation Wall Sections & Details Schedules (Door & Finish) E. Assist Owner in filing the required documents for the approval of governmental authorities having jurisdiction over the project. IV. BIDDING AND NEGOTIATION: Following the Owner's approval of the construction documents, assist the Owner and Construction Manager in letting and rece iving subcontractor bids for the project by distributing drawings to the Owner's Construction Manager and answering subcontractor questions. V. CONSTRUCTION PHASE: A. Review shop drawings, samples and other submissions of the contractor. B. Answer contractor questions. C. Attend monthly construction meetings at the site to be familiar generally with the progress of the Work. D. Process monthly pay requests including lender pay certifications if required. E. Prepare and issue Change Notices and Change Orders as necessary. F. Assist in the preparation of a final project punch list. G. Issue a Certificate of Substantial Completion. H. Provide As -Built drawings from General Contractors redlined construction set. Lakeville Fire Station 94 Office Renovation EXHIBIT A Proposal for Professional Services EXHIBIT A Lakeville Fire Station #4 Office Renovation Lakeville, Minnesota October 28, 2011 Page 3 of 4 TO BE PROVIDED BY THE OWNER: The Owner shall provide: 1. All background information the Owner may have available related to this project and necessary instructions and input regarding the program requirements. 2. Existing site plans and building lines, as -built drawings of existing buildings, soils reports, other topographical and utility maps and information the Owner has and, if necessary, measured drawings of existing structures. The Architect shall be entitled to rely upon the completeness and accuracy of this information, surveys and reports furnished by the Owner. 3. A. designated representative from whom the Architect will receive instructions and authorization in conjunction with the Owner's representative. 4. Prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the project of non - conformance with the Contract Documents. 5. Soil investigations to determine existing soil conditions and make recommendations regarding site grading, parking lot and driveway pavement section, and required geotechnical testing during construction for the building and site development. 6. Furniture selections and ordering shall be by Owner. TIME: Tushie- Montgomery & Associates, Inc., shall begin the Work within one (1) week of being authorized and shall complete all tasks in this proposal within the schedule established with the Owner. FEES AND METHODS OF PAYMENTS: Tushie- Montgomery & Associates, Inc., bases all fees for professional services on the amount of tune anticipated to complete the described scope of services. Fees for professional services shall be billed monthly in proportion to work completed on the project and shall be paid thirty (30) days from the date of invoice. A 1% monthly interest rate shall be applied to all past due accounts. Billings shall be based upon fees as shown below under Total Fees Anticipated. PROFESSIONAL LIABILITY INSURANCE: Tushie Montgomery & Associates has $1,000,000 in professional liability insurance with CNA Insurance that will remain in force for the duration of the project. NON - LICENSED PROFESSIONALS T ushie- Montgomery & Associates, Inc. employs in- house, non- licensed project designers and draftspersons that will be working on this project. These professionals will be working under the direction of a licensed Architect or Landscape Architect assigned to the project. Lakeville Fire Station #4 Office Renovation EXHIBIT A Proposal tom Professional Services EXHIBIT A Lakeville Fire Station #4 Office Renovation Lakeville, Minnesota October 28, 2011 Page 4of4 ENGINEERING SERVICES Tushie- Montgomery & Associates, tne. does not employ professional Engineers on their in -house staff. All Engineering services recommended in this proposal shall be provided by the Architect through a consultant relationship with one or more Engineering firms experienced in thstype of work contemplated in this proposal: TOTAL FEES ANTICIPATED: Our fee is based upon the scope of work defined above. The total cost of all basic services recommended in this proposal shall be as shown below plus . normal reimbursable costs of printing, faxes, reproductions, copies, telephone, postage, delivery and mileage, etc. Architecture and Interior Design $13,400.00 ARCHITECTURAL HOURLY RATES Principals S200/I-lam• Senior Associate $130 /Hour Associate S 120 /Hour Licensed Architect S 11634cuu Licensed Landscape Architect S 116 /Hour Licensed Interior Designer S I I6 /Hoar Draftsperson S 110 /Hour NOTE: Hourly rates may change at the start of each calendar year. LIMITS OF LIABILITY This proposal is good for thirty (30) days. If acceptable, a signed copy will be our aufhorization to proceed. If the Scope of Services in this proposal is not exactly as you would like it, we would be happy to adjust it and revise the fee accordingly. At the completion of Part 11, a standard AIA Agreement shall be prepared for Parts III - V of this Proposal. Respectfully submitted, TUSHIE- MONTGOMERY & ASSOCIATES, INC. AUTHORIZATION TO PROCEED: CITY OF LAKEVILLE (1 pf`` BY: Andrew Krenik, Senior Associate ITS: DATE: Lakeville Fire Station 114 Office Renovation EXHIBIT A Lakevr(le MEMORANDUM To: Mayor and City Council Steve Mielke, City Administrator From: Mike Meyer, Fire Chief CC: Dennis Feller, Finance Director Date: November 28, 2011 Re: Fire Administration Space Needs The 2011 Building Fund budget provided $190,000 of appropriations for remodeling or relocating of the Fire Administration function. The issues relating to Fire Administration was presented to the City Council on February 28, 2011. The Fire Department Staff has, over the course of the last 11 months, performed a space needs analysis with the objective of trying to maximize operational efficiencies. The analysis took into consideration the following options: A. Status Quo. Remaining in the current configuration B. Relocate to the 2 "d floor — Fire Station #1 C. Relocate to Fire Station #4 Relocating to other fire stations and city facilities was not considered an option because of adequate space to accommodate current and /or future fire administration needs. The architectural firm of Tushie Montgomery and the construction management firm of Contegrity Group assisted with the preliminary review of the various options. The following is an overview of the three options. A. Status Quo. Remaining in the current configuration The fire administration's current space utilization at Fire Station #1 is as follows: Future Asst. Fire Chief/ Training Officer 150 Fire Inspector & Plan Review 96 District Chief (shared) 150 Total future 396 Total current and future needs 952 Advantages ® Minimum costs for administration to remain at lower level Fire Station 1. Disadvantages 6 Continue to occupy space at Fire Station 1 that was not intended to house fulltime staff as it is currently configured. 6 Fire Administration continues to share common space with Fire Operations and Fire Station #1 functions. Otherissues ® Upper and lower levels need to be updated if administration remains at Fire Station 1. Cost: The upper level of Fire Station #1 would need to be remodeled at a cost of approximately $30,000. Square Footage Current Fire Chief 120 Fire Marshal 90 Fire Inspector 60 Senior Administrative Asst. 90 Administrative Asst. 60 Meeting room 136 Commons area - Total current 556 Future Asst. Fire Chief/ Training Officer 150 Fire Inspector & Plan Review 96 District Chief (shared) 150 Total future 396 Total current and future needs 952 Advantages ® Minimum costs for administration to remain at lower level Fire Station 1. Disadvantages 6 Continue to occupy space at Fire Station 1 that was not intended to house fulltime staff as it is currently configured. 6 Fire Administration continues to share common space with Fire Operations and Fire Station #1 functions. Otherissues ® Upper and lower levels need to be updated if administration remains at Fire Station 1. Cost: The upper level of Fire Station #1 would need to be remodeled at a cost of approximately $30,000. B. Relocate Fire Administration to the 2 nd floor — Fire Station #1 Upper level of station 1 allows is approximately 2400 square feet in size and therefore adequate for current fire administration needs. Relocating to the 2 n6 floor would require installation of an elevator. The lower level would not have any fire administration staffing. Advantages Y Fire Administration remains within main city campus. • Public will not be confused on location of administration. • Creates a separation between fire administration and fire station #1 operations. • 2nd floor has enough space to accommodate future needs. Disadvantages • Costs for administration to move upstairs (elevator $152,000). • Public would be required to use elevator or stairs for access to the administration level. • There would be no staff on the lower level to greet the public as they enter the building. • Elimination of department training room at station 1. • Security or limiting public access to lower level. Cost: $320,000 to $340,000 C. Relocate to Fire Station #4 and remodel Fire Station #1 The administrative function would be relocated to the north east section of Fire Station #4 which currently serves as a garage and staff quarters for ALF Ambulance (Allina Medical Transportation) and offices for the fire relief and training officers. A draft layout of the proposed administrative functions is attached as Exhibit A The proposed space utilization at Fire Station #4 would be as follows: Future Asst. Fire Chief/ Training Officer 143 Fire Inspector & Plan Review 130 District Chief (shared) 156 Total future 429 Total current and future needs 1,533 Advantages • Fire Administration remains on ground floor. • Cost is lower for remodel and relocation of administration of Fire Stations 1 & 4. • Sufficient space for future growth. • Creates a separation between fire operations and administration. • Fire training room remains in the 2 I level at Fire Station #1. • Decrease in response times for daytime calls being located in the center of the city for administration staff. Square Footage Current Fire Chief 156 Fire Marshal 143 Fire Inspector 130 Senior Administrative Asst. 88 Administrative Asst. 88 Meeting room 299 Commons area 200 Total current 1,104 Future Asst. Fire Chief/ Training Officer 143 Fire Inspector & Plan Review 130 District Chief (shared) 156 Total future 429 Total current and future needs 1,533 Advantages • Fire Administration remains on ground floor. • Cost is lower for remodel and relocation of administration of Fire Stations 1 & 4. • Sufficient space for future growth. • Creates a separation between fire operations and administration. • Fire training room remains in the 2 I level at Fire Station #1. • Decrease in response times for daytime calls being located in the center of the city for administration staff. Disadvantages 9 Fire Administration is moved away from main city campus. a Will be some confusion for public on where administration is located. Access to /from Ipava Avenue requires traversing the Water Treatment Facility Parking lot. Access to /from 185 Street is limited. Other issues ALF Ambulance (Allina) would need to relocate to the Water Treatment Facility. 6 Fire Relief office would remain at Fire Station 4. • Training Officer - office would remain at Fire Station 4. Architectural services Proposals for Architectural Services were obtained from Tushie Montgomery and Hay Dobbs Associates. Tushie Montgomery designed Fire Station #4 in 2004. Because of their familiarity with the current facility, staff sought their advice in developing the proposed layout, configuration and analysis of Fire Station #4. Tushie Montgomery submitted a proposal of $13,500 for design of Fire Station #4. The firm has provided architectural services for many of Lakeville's city facilities and fire stations in other communities. Hays Dobbs Associates has experience with designing fire stations in other communities. The firm submitted a proposal of $9,800. Construction Management Services Proposals for Construction Management Services were also obtained from Contegrity Group because the firm has already been retained for the Heritage Center project. Contegrity Group submitted a proposal of $3,337 which includes contract development and bid analysis. There would be no cost for inspection services if the project is constructed simultaneously with the Heritage Commons project. Fire Station #1 remodeling If the administration function relocates to Fire Station #4, staff recommends Fire Station 1 be remodeled in 2 phases. The scope of work for phase I is primarily focused on the upper level training area as follows: • Demo of upper level kitchen /storage and bunk room. • Remodel of upper level bathroom. • Build new storage closet, cover all walls with drywall and finish. • Install new carpeting and ceiling tile grid for areas that were remodeled. The scope of work for phase 2 is primarily related to the lower level. It would include the following: • All interior walls in lower level office area be covered with drywall that is finished. • Demo kitchen area and install new cabinets and counters. Existing appliances would be reused. • Update bathrooms with tile, suspended ceiling and lighting. • New suspended ceiling, duct work, and lighting in existing office area. The estimates for remodeling were based on discussions with Stahl Construction and D & D Inspections & Renovations Inc. The estimated cost of phase 2 is approximately $70,000. The staff recommends phase 2 remodeling of Fire Station #2 in 2014 or thereafter, as funding becomes available. Cost: Total 215,015 Cost Fire Station #4 Contracts $ 146,745 Architect 13,500 Construction Manager 3,338 Furniture 15,000 Other 10,000 Total Fire Station #4 188,583 Fire Station #1 - phase 1 26,432 Total 215,015 The Building Fund budget provided $190,000 in 2011 for the remodeling project. Staff is recommending the funds be re- appropriated (carry forward) to 2012. In addition, the proposed 2012 Building Fund provides $25,000 for the retaining wall repairs at Fire Station #3; staff is recommending the funds be re- appropriated to the Fire Station #1 and #4 remodeling project. The Fire Station #3 retaining wall would be completed in 2014 or as funds become available. Recommendation: 1) City Council authorization to proceed with relocation of fire administration functions to Fire Station #4 and phase 1 remodeling of Fire Station #1 in 2012. 2) Retain Tushie Montgomery for architectural services because of their experience with City facilities and especially Fire Station #4. 3) Retain Contegrity Group for construction management services. 4) Fire Station 1 - Phase 2 - remodeling and the retaining wall at Fire Station #3 would be in 2014 or thereafter subject to the availability of funds. 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