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HomeMy WebLinkAboutItem 06.lSeptember 19, 2011 Overview Item No. APPROVE ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR HERITAGE CENTER Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with WoId Architects & Engineers for Heritage Center. On August 1, 2011, the City Council approved a resolution regarding the renovation of the former police station (now officially named Heritage Center) into the Senior Center / Historical Society / Yellow Ribbon Organization facility, and directing staff to proceed with the planning and remodeling of the facility. Staff recently prepared and sent out Requests for Proposals for the architectural and engineering services for the project. Staff received three proposals and interviewed all three firms. Staff is recommending the City Council approve the attached Agreement with WoId Architects & Engineers at a fixed fee of $58,250.00 plus reimbursables for architectural and engineering services for the Heritage Center project. City Attorney Roger Knutson has reviewed the Contract. Primary Issues to Consider • Can WoId Architects & Engineers create plans and specifications that will meet the needs of the users of the Heritage Center? Wold Architects & Engineers are very familiar with the old police station, as they completed a Space Analysis Needs on the building for the police department in 2005 and have been working with City staff and volunteers on the Heritage Center schematic design plans over the past year at no charge. WoId Architects & Engineers also completed a successful project with the City designing and engineering the current police station building. Supporting Information • Standard Form of Agreement between Owner and Architect for the repurposing of old police station into the Heritage Center. hn Hen r en ark Maintenance & Operations Mgr Financial Impact: $58,250.00 plus reimbursables Related Documents (CIP, ERP, etc.): Notes: Budgeted: YIN Source: Document B132 — 2009 Standard Form ofAgreement Between Owner and Architect, Construction Manager as Adviser Edition AGREEMENT made as of the Nineteenth day of September in the year Two Thousand and Eleven (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other u formation) City of Lakeville 20195 Holyoke Avenue Lakeville Minnesota 55044 Tel: 952 -985 -4400 and thiFArchitect: (Name, legal status, address and other information) Woid Architects and Engineers 305 St. Peter Street Saint Paul, Minnesota 55102 Telephone Number: 651 -227 -7773 Fax Number: 651 - 223 -5646 for the following Project: (Name, .;location "and detailed description) Heritage Center 20110 Holyoke; Avenue Lakeville, Minnesota 55044 The Construction Manager: (Nance,'- :legal status, address and other information) As selected by. Owner. The Owner and Architect agree as follows, !nit ADDITfONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form, An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AMA text This document has important Legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. This document is intended to be used in conjunction with AIA Documents A132 -2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232TTh"-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and C132TMA -2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232 is adopted in This document by reference. Do not use with other general conditions unless this document is modified. AIA Document 9132'" — 2009 (formerly B141 r"CMa — 1092]. Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA" document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution or 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 13:50 :14 on 09/16/2011 under Order No 9240190901_1 which expires on 01/2412012, and is not for resale. User Notes: (16631130143) TABLE OF ARTICLES INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES CLAIMS AND DISPUTES TERMINATION OR SUSPENSION MISCELLANEOUS PROVISIONS COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Note the dispvsitionfor the following items by inserting the requested information or a statement such as "not applicable, "'unknolvn at time of execmion" or "to be determined later- by mutual agreement. ") § 1 .1.1 The Owner's program for the Project: (Identify documentation or state the` manner in which the program will be developed.) As shown on Attachment A "Heritage Center Program Summary ", dated August 17, 2011. Init. § 1.1.2 The Project's physical characteristics: (Ident or describe, if appropriate, si_e, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic sua traffic and utility studies; availability of public and private utilities and services; legal description r(the site; etc.) The project will be an adaptive reuse of the former Lakeville Police Department building at 20110 Holyoke Avenue. § '1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, ifknown, a line item breakdown.) As shown on Attachment 13 "Heritage Center Project Budget ", dated June 24, 2011. 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: As determined. .2 Commencement of construction: Abs, Document 6132x° — 2009 (formerly 6141 " `CM - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ate Document, or any portion of it, may result In severe civic and criminal penalties, and will be prosecuted to the maximum extent possible under the low. This document was produced by AIA software at 13:5 14 on [79!16!2011 under Order No.9240t90901 1 which expires on 01r24f2012, and is not for resale. User Notes: — 0603180143} 1.1.7 Other Project information: (ldeutify;special characteristics or needs of tire Project not provided ided elsewhere, such as environmentally responsible design or historic preserv=ation requirements) €nit. As determined. .3 Substantial Completion date or milestone dates: As determined. .4 Other: As determined. § 1.1.5 The Owner intends to retain a Construction Manager adviser and; (rote that if adultiple Prime Contractors are used the tern! "Contractor" as referred to throughout this Agreement will be as if plural in number.) ] One Contractor ( ] Multiple Prime Contractors [: X ] Unknown attune of execution § 1.1.6 The Owner's requirements for accelerated or fast -track scheduling, multiple bid packages, or phased construction are set roil") below:;• (List number and type of bid/procurement packages.) Unknown at time of execution. 1 .1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address and other information.) John liennen, Park Maintenance and Operations Manager 2 0195 Holyoke Avenue Lakeville, Minnesota 55044 Tel: 952-985-2715 Fax: 952-985-2719 § 1.1.9 The persons or entities, inaddition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address and other information.) .3 Land Surveyor: § 1.1.10 The Owner will retain the following consultants: (List name, legal status, address and other information) .1 Construction Manager: The Construction Manager is identified on the title page. If Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention; (Paragraphs deleted) October 3, 2011 AIA Document 8132"' - 2009 (formerly $141"CMa --1992 , Copyright Pl'ri9ht ei 1992 and 2469 by The American Institute at Architects. All rights reserved. WARNING: This ALA "" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of I1, inay result In severe c iv€t and criminal p enalt €es, and will be prosecuted to the maximum extent possible under the taw, This document was produced by AIA software at 13:88 :14 an 09/16/2011 under Order No.9240190901 1 which expires on 01/24/2312, and is not for resale. Usor Notes: - (1083180143) InIL .4 Geotechnical (Paragraphs deleted) Engineer: j (Paragraphs deleted) § :1.1.13 Other Initial Information on which the Agreement is based: I City of Lakeville Request for Proposal dated August 10, 2011 Weld Architects and Engineers Proposal dated August 30, 2011 § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may _materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2:2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described In AIA Document C132TM -2009, Standard Form of Agreement Between Owner and Construction Manager. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project § 2.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2,6 The Architect shall maintain the following insurance for the duration of this Agreement. if any of the requirements set-forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost. § 2.6.1 Comprehensive General Liability with policy limits of not less than $1,000,000 per claim / $2,000,000 aggregate for each occurrence and in the aggregate for bodily injury and properly damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Architect with policy limits of not less than 51,000000 per occurrence combined single limit and aggregate for bodily injury and property damage. § 2.6.3 The Architect may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. AMA Document 8132" — 2009 (formerly 6141TeCMa — 1992). Copyright ®1992 and 2039 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ate Document. or any portion of it, may result in severe civil and criminal penalties, and will be prosacuted to the maximum extent possible u nder the law. This document was produced by AlA software el 13:58 :14 on 09l19/2011 under Order No.92 i which expires on 01(24l2012, and is not for resale. User Notes: — (1683100143) niL § 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than statutory. § 2.6,5 Professional Liability covering the Architect's negligent acts, errors and omissions in its performance of professional services with policy limits of not less than $1,000,000 per claim / $2,000,000 aggregate per claim and in the aggregate. § 2.6,6 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural mechanical, and electrical engineering services, civil engineer, cost estimating, food service, landscaping, consultant will be hired by Architect as services are required as part of Basic Services.. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner and the Construction Manager, research applicable design criteria, attend Project meetings, communicate with members ofthe Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager and the Owner's other consultants. The Architect shall be entitled to rely en the accuracy and completeness of services and information furnished by the Owner, the Construction Manager, and the Owner's other comultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 11.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Owner and the Construction Manager a schedule of the Architect's services for inclusion in the Project schedule prepared by the Construction Manager. The schedule ofthe Architect's services shall include design milestone dates, anticipated dates when cost estimates or design reviews may occur, and allowances for periods of time required (1) for the Owner's review, (2) for the Construction Manager's review, (3) for the performance of the Owner's consultants, and (4) for approval of submissions by authorities having jurisdiction over the Project. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services. § 3.1.5 Once the Owner and the Architect agree to the time limits established by the Project schedule, the Owner and the Architect shall not exceed them, except for reasonable cause. § 3.1.6 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non-con fanning Work, Made without the Architect's approval. • § 3.1.7 The Architect shall, at appropriate times, in coordination with the Construction Manager, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3,1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner and Construction Manager, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms AIA Document 13132" — 2009 iformorly 9141n 1992 Copyright 0 1992 and 2099 by The American institute of Architeds. All rights Inserved. WARNING; This AIR Document is protected by U.S_ Copyright Law and international Treaties. Unauthorized reproduction or distribution of this Alt:" Document, or any portion 01 1, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. — This document was produced by AIA software at 13:5814 an 0911812011 under Order No 9240190901_1 which expires on 01/24/2012, and is n for resale User Notes; (1683180143) roil ofthe other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (l) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches if requested by Owner. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present to the Owner and Construction Manager, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval and the Construction Manager's review. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 3.2.5.1 The a Architect Material choices and bu shall consider, if requested by Owner, environmentally responsible design alternatives, such as ilding ericntatton, together with other considerations based on program and aesthetics, in developing "a design that is consistent with the Owner's program, schedule and budget for the Cost ofthe Work. The Owner may obtain other environmentally responsible design services under Article 4. _§ 3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, , building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The Architect shall meet with theConstruction Manager to review the Schematic Design Documents. § 3.2.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, identify agreed upon adjustments to the Project's size, quality or budget, and request the Owner's approval of the Schematic Design Documents. If to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase. § 3.2.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under "the Construction Manager's agreement with the Owner. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work pursuant to Section 5.4, the Architect shall prepare Design Development Documents for the Owner's approval and the Construction Manager's review. The Design Development Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project, as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The-Desi Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. AIA Document 0132n 2009 (formerly 8141 ""CMa — 1992). Copyright ®1992 and 2009 byThe American Institute of Architects. AiI rights reserved. WARNING. Tills AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorised 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 13:58:14 on 09/1 612 01 1 under order No,9240190901 1 which expires on 0112412012, and is not for resale. Use Notes: — (1883180143) Init. 1 § 3.3.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.3.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval and the Construction Manager's review. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § -3.4:3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and the Construction Manager in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement betwecn:the Owner and Contractor, and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions), and (4) compile a project manual that includes the Conditions of the Contract for Construction and may include bidding requirements and sample forms. § 3.4.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. § 3:4.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase. the Architect shall take action as required under Section 6.7 and request the Owner's approval of the Construction Documents. § 3.4.6 The Architect shall work with the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. The Architect shall have the primary responsibility to complete the required documents and ensure that they are properly filed on behalf of the Owner. The Architect shall observe those applicable laws, statues, ordinances, codes, rules and regulations in force and publically announced as of the date of this agreement or as of the date of subsequent compensation amendments whichever is the latter :; :: § 3.4.7 Owner understands that relatively few guidelines are available with respect to compliance with Americans with Disabilities Act (ADA). Architect is aware of developments m this field, including ADA guidelines that are incorporated m the building code, and legal decisions, but cannot guarantee or warrant that Architect's opinion of appropriate compliance measures will be found valid. § 3.5 Bidding or Negotiation Phase Services §3.5.1 General . The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner and Construction Manager in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and (4) awarding and preparing contracts for construction. ALA Document I3 — 2009 (formerly B141 T"CMa — 1992). Copyright el 1992 and 2009 by The American institute of Architects. All rights reserved. WARNING: This AIA'` Document is protected by U.S . Copyright Law and htteruational Treaties. Unauthorized roproduction or distribution of this Document, or any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possibtn under Me law. This document was produced by AIA Software at 13 :5B 14 an 09/18/2011 under Order No.9240190901 1 which expires on 01/24/2012, and Is not for resale. User Notes: — (1003100143) Inii. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents, § 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by .1 facilitating the reproduction of Bidding Documents for distribution to prospective bidders, .2 participating in a pre -bid conference for prospective bidders, and .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents in the form of addenda. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall consult with the Construction Manager and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 In the event the lowest bid (or bids) exceeds the budget for the Project, the Architect, in consultation with and at the direction of the Owner, shall provide such modifications in the Contract Documents as necessary to bring the cost of the Project within the budget, unless Owner directs the Architect to bid a project estimated over budget. (Paragraphs deleted) § 3.6 .Construction Phase . Services § 3.6.1 General § 3.6.1.1 The Architect 'sha11 provide administration ofthe Contract between the Owner and the Contractor as set forth below and in MA Document -2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. lithe Owner and Contractor modify AIA Document A232 2009, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Serviees, The Architect shall have authority to act on behalf ofthe Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents, The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Construction Manager, or the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates at the end of the one year Contractor's construction warranty period. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.33, to become generally familiar with the progress and quality ofthe portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicatine that the Work, when fully completed, will be to accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity ofthe Work. On the basis ofthe site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner and the Construction Manager (1) known deviations from the Contract Documents and from the most recent construction schedule, and (2) defects and deficiencies observed in the Work, § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection. Whenever the Architect considers it necessary or advisable, the Architect, upon written authorization from the Owner and notification to the Construction Manager, shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility AIA Document 6132r — 2009 (formerly 6141 TM'CMa .- 1992). Copyright 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproductron or distribution of this AIA'' Document, or any portion of it may result iii severe civil and criminal penalties, and wit be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13 :59:14 on 09/16/2911 under Order No.9240190901 1 which expires on 0112412012, and Is not for resale. User Notes: — t1663180143) hitt of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions ofthe Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of the Construction Manager, Owner, or Contractor through the Construction Manager. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by Contractor, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. Major aesthetic decisions will be reviewed by the Owner prior to the Architect's decision. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA DocumentA232-2009, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly_ Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows: .1 Where there isc only one Contractor responsible for performing the Work, the Architect shall review the Contractor's 'Application and Certificate for Payment that the Construction Manager has previously reviewed and certified_ The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. .2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Architect shall review a Project Application and Project Certificate for Payment, with a Summary of Contractors' Applications for Payment, that the Construction Manager has previously prepared, reviewed and certified. The Architect shall certify the amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts. § 3.6.3.2 The Architect's certification for payment shall constitute a representation to the Owner, based on (1) the Architect's evaluation ofthe Work provided in Section 3.6.2, (2) the data comprising the Contractor's Application for Payment ofthe data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (I) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior . to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shalt not be a representation that the Architect has (I) made exhaustive or continuous on -site inspections to check the quality or quantity ofthe Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.4 The Architect shall maintain a record of the applications and certificates for payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's Project submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals transmitted by the Construction Manager shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. AMA Document B132 — 2009 tfarmerly B141 i°CM& -- 19921. Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved, WARNING: This Ale Document is protected by U,S. Copyright Law end tnternallonal 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 passible under the taw. This document was produced by AIA software at 13:58:14 on 0911G/2011 under Order No.9240190901 1 which expires tin 0112412012, and is not for resale. U; er Notes: (1033189143) trait. 1 § 3.6.4.2 In accordance with the Architect- approved Project submittal schedule, and after the Construction Manager reviews, approves and transmits the submittals, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents, Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 if the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3,6.4.4 After receipt of the Construction Manager's recommendations, and subject to the provisions of Section 4.3, the Architect shall review.and respond to requests for information about the Contract. Documents. The Architect, in consultation with the Construction Manager, shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested, The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. if appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6,5 Changes in the Work § 3.6.5.1 The Architect shall review and sign, or take other appropriate action, on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with the Contract Documents. § 3.6. The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be effected by written order issued by the Architect through the Construction Manager_ § 3.6.5.3 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completiort:. _ § 3.6.6.1 The Architect, assisted by the Construction Manager, shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion prepared by the Construction receive from the Construction Manager and review written warranties and related documents required by the Contract Documents and assembled by the Contractor; and, after receipt of a final Contractor's Application and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager, issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner and Construction Manager to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Construction Manager and Contractor of Work 10 be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete by the Construction Manager and Architect, and after certification by the Construction Manager and the Architect, the Architect shall inform the Owner about the balance of AIA Document 6132*" — 2009 (formerly 8141 T"CMa — 1992). Copyright @i 1992 and 2009 by The American Institute or Architects. Alt rights reserved. WARNING: This AIA Document is protected by 142, Copyright Lew and International Treaties, Unauthorized reproduction or distribution of this AIA' Document, or any portion of It may result in severe civil and crimtnat penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:50:14 on 09/16/2911 under Order N[,.924019090 1 which expires on 01124!2012, and is not for resale, User Notes: — (1693180143) Services Responsibility (Architect, O1177er or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) • 41.1 Prograritming. N/P § 4.1.2 Multiple preliniiitary : designs - 4.1.3 N/P § Measured drawings _Existing Owner § 4.1.4 facilities surveys Owner • 4.1,5 Site evaluation and rlannint (B20s'Tm -2007) • 4.1.6 Buildiin • informatian modelin, .§ 4.1.7 Civil engineering Basic Services N/P Basic Ser § 4.1.8 Landscape design Basic Services • ..4.1.9 Architectural interior desig(B252TM -2007) Basic Services • 4.1.10 Value anal is B204TM -2007) NIP § 4.1.11 Detailed cost estimating Basic Services 4.1.12 On -site iroject;re.resentation (B207 § 4.1.13 Conformed construction documents N/P N/P 1. § 4.1.14 As- designed record drawings N/P • 4.1.15 As- constructed record drawings N/P § 4.1.16 Post occupancy evaluation N/P § 4.1.17 Facility support services.(B210 1 i+ 2007) N/P § 4.1:18 Tenant- related services. N/P § 4.1.19 Coordination: of Owner's consultants N/P § Telecommunications /data desi- N/P 4.1.21 Securit evaluation -.and .lannin_SB206 Tbt_ 2007 N/P • 4.1.22 Commissionin 132] -2007 NIP • 4.1.23 it le sive cnvironmen .11 bl - + - aj- § 4.1.24 LEED "...certifieation B214TM 2007) N/P N/P N/P § 4.1.25 Historic e reservation (B205 2007 § 4.1.26 Furniture, furnishings, and equipment design (B253TM.2007) N/P lntt the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 Upon request ofthe Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4,1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 112. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column Indicate whether the service description is located in Section 4.2 or in an attached exhibit, If in an exhibit, identify the exhibit -) § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault ofthe Architect, any Additional Services provided in accordance with this AIA Document B132TM — 2009 )formerly 13141 "CMa- 1992). Copyright 031992 and 2009 by The American Institute of Architects. An rights reserved, WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ordistributlan or this Ale Document, or any portion M it, may result in severe civi0 and criminal penalties, and will be prosecuted to the maximum extent poestbie under the law. 11 This document was produced by AIA software at 13 :59 :14 on 0911612011 under Order No. 9240190901_1 which expires on 0112412012, and is not for resale. User Notes: (16631170143) Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. 5 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, building systems, the Owner's schedule or budget for Cost of the Work, constructability considerations, procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in -depth material research, energy modeling, or LEED® certification; Changing. or editing previously prepared Instruments of Service necessitated by the enactment or revision 'arcades, laws or regulations or official interpretations; Serir ices `necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner, Construction Manager or the Owner's other consultants or contractors; Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; Preparation for and attendance at, a public presentation, meeting or hearing; Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except wh ere the Architect is party thereto; .10 Evaluation ofthe qualifications of bidders or persons providing proposals; .11 Consultation eoncerningreplacentent of Work resulting from fire or other cause during construction; or :12- Assistance to the Initial Decision Maker, if other than the Architect. § 4;3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts: of those services are not required, the Owner shall give written notice to the Architect and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the initial Project submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner- provided information, Contractor- prepared coordination drawings, or prior Project correspondence or documentation; 3 Preparing Change Orders, and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating substitutions proposed by the Owner, Construction Manager or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. (Paragraphs deleted) AIA Document 9132" — 2009 (formerly BI4VHCMa — 1994 Copyright 61992 and 2009 by The American Institute of Architects. A11 rights reserved. WARNING: This AIA'' Document Is protected by U -S. Copyright Law and international Treaties. Unauthorized reproduction or distribution or Ibis AID:'' Document, nr 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 et 13 :58 :14 on 09/1612011 under Order Na,9240180901_1 which expires on 0112412012, and is not tor resale. User Notes; 0683180143) ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, 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 fi mish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall retain a Construction Manager to provide services, duties and responsibilities as described in AIA Document 0132 -2009, Standard Form of Agreement Between Owner and Construction Manager. The Owner shall provide the Architect a copy of the executed agreement between the Owner and the Construction Manager, and any further modifications to the agreement. § 5.3 The Owner shall furnish the services of a Construction Manager that shall be responsible for creating the overall Project schedule, The Owner shall adjust the Project schedule, if necessary, as the Project proceeds. § 5.4 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. The Owner shall furnish the services ofa Construction Manager that shall be responsible for preparing all estimates of the Cost of the Work. If the Owner significantly increases or decreases the Owner's budget for . the Cost of the Work, the Owner shall notify the Architect and the Construction Manager. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality. § 5.4.1 The Owner acknowledges that accelerated, phased or fast -track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Contractor to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast -track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.6 The Owner shall famish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project; and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights of =way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.7 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground Corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with 'swifter' reports and appropriate recommendations. § 5.8 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 services in the contracts between the Owner and iIie:Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such 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 and other liability insurance as appropriate to the services provided. Init. AIA Document 13132 —2009 (formerly B141T"CMa- 1992). Copyright 01992 and 2009 by The American Institute et Architects. All rights reserved. WARNING: This AIA "" Document Is protected by U.S. Copyright Law and International Trenttes. Unauthorized reproduction or distribution of this AIA" ,1 o Document, or any portion of it, may result in sevore civil and criminal penalties, end will be prosecuted to the maximum extent passible under the taw. 1 This document was produced by AlA software 0113: 59:14 on 09/15/2011 under Order No.9240190901 1 which expires on 01/24/2012, and is not for resale, User Notes: {1583180143) init. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5i01'he Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 511 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Construction Manager, and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. § 5,13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5,14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors' general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager's consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights -of -way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation; and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, revisions to the Drawings, Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates. The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 sI If prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendation to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.4 and 6.4. Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. AIA Document a132T. — 2009 (formerly 13141T" - - 19921. Copyright 1992 and 2009 byTha American Institute of Architects, All rights resented. WARNING, Thin AIA Document Is protected by U,S. copyright Law and international Treaties. Unauthorized reproduction or distribution of tills AIA'' 14 Document. or any portion of it, may result in Severe civil and criminal penalties, and {'lilt be prosecuted to the maximum extent possible under the law. This document was produced by AIA software al 13:59 :14 On 09/1612011 under Order No.9240190901_1 which expires on 01/24/2012, and Is not for resale, (*663180143) User Notes: Init. .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.2, the Architect, without additional compensation, shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion ofthe Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility as a Basic Service under this Article 6. § 53 Afler incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner's budget for the Cost of the Work, except when the excess is clue to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 Ownership of Instruments of Service: Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's subconsultants are Instruments of Service. § 7.1.1 Ownership: Prior to full payment of all sums due the Architect's under this Agreement and upon performance 'of all the Owner's obligations under this Agreement, the Architect shall provide reproducible copies of the latest Instruments of Service and the latest electronic data prepared by the Architect for the Project to the Owner and these shall become the property of the Owner. The Architect shall retain full rights to data and the instruments of service and the right to reuse component information contained in them in the normal course of the Architect's professional activities. The Architect shall be deemed the author of such electronic data or documents, shall retain all rights not specifically conveyed in writing to the Owner, and shall be given appropriate credit in any public display of such instruments of service. § 7.1.2 Reuse of Jnstrushents of Service: Owner acknowledges that (1) the Architect has prepared the Instruments of Semite For construction of the Project with the Architect's involvement throughout the Project, as contemplated by this Agreement, (2) the Instruments of Service are not in themselves necessarily sufficient for construction of the Project without the Architect's involvement, and (3) the Instruments of Service are not appropriate for construction of any other project except as provided herein. The Architect acknowledges that the Owner will use and rely upon the Instruments of service and the latest electronic data prepared by the Architect for this Project, including but limited to the as- built drawings and specifications 'in connection with any future repairs, remodeling or maintenance to the Project and of subsequent phases of the Project. If the Architect is in default or breach of its obligations under this Agreement, the Owner shall have full ownership rights of the instruments of service and all electronic data. If the Architect is adjudged to be in default or this Agreement is terminated, the Owner shall not use the Instruments of service for completion of this Project by others without the involvement of qualified professionals who shall assume the Architect's professional obligations and liability for work not completed by the Architect. To the fullest extent allowed by law, the Owner releases the Architect, the Architect's sub - consultants, and the agents and employees of any of diem from the t claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of the Owner's use of the Instruments of Service other than in accordance with this Agreement § 7.1.3 Transfer of Ownership: Under no circumstances shall the transfer of ownership of the drawings, specifications, electronic data or other instrument of Service be deemed to be a sale by the Architect . and the Architect makes no warranties, express or implied, of merchantability or of fitness for a particular purpose. AIA Document B1327 — 2009 (formerly 8141 TTMCMa —1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WAP: tNC: This. A" Document is protected by U.S Copyr41ht few and listanutional Treaties. Unauthorized reproduction or distribution of hits AfA' vat.n.,ierst, or any potion of it. may result in severe{ .iE 4 and crliattsal pen..St.es, and wit be prosecuted to the maximum exioht possible under th is t. This document was produced by AIA software at 14:39;11 an 09116/2011, under Order No.9240190901 1 which expires on 0112412012, and Is not for resale. User Notes: — (1355987041) I nit. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees ofthe other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232 -2009, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage, § 8.2 Mediation § 8,2,1 Any. - claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out ofthe 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. § - 8.2.2 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 an the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, 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. § 8.2.3 Tile parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon, Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8,2:4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box if the Owner and Architect do not select a method of binding dispute resolution below, or do trot subsequently agree in writing to a binding dispute resolution method other than litigation the dispute will be resolved in a court dfcompetent jurisdiction) [ X ] Litigation in a court of competent jurisdiction (Paragraphs deleted) Other: (5peci AIA Document 8132'"' —2009 (torrnorly 8141 TMCMa- 1992). Copyright @ 1902 and 2009 by The American Institute of Architects. All rights reserved. WARNING' This Ate Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AiA'' 16 Document, or any portion of it, may result in seaare cavil and criminal penalties, and will be prosecuted to the re arslmum extent possible under the law.. This document was produced by A1A software at 13;58:14 on 09116)2011 under Order No.9240190901 1 which expires on 01124/2012, and is not for resale. User Notes: _ (1663100143) MIL ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 if the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for 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 incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 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 not be compensated for expenses incurred in the interruption and resumption of the Architect's services. § 9.3 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. 9.4 This Agreement may be terminated by the Owner upon seven (7) days written notice to Architect in its sole discretion. The Architect may terminate this Agreement only in the event of substantial non-performance by the Owner. In the event the Architect proposes to terminate this Agreement, the Architect shall notify the Owner in writing stating with specificity the alleged non - performance and further stating that the proposed tettilination shall be ' effective if the non- performance remains uncorrected for a period not Tess than 15 days following said notice. .§ 9.5 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. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS 1 ` § 10.1 This Agreement shall be governed by the law of the place where the Project is located. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232-2009, General Conditions ofthe Contract for Construction. 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without 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. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for_review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. MA Document 8132 — 2009 (formarly 8141"CMa — 1892). Copyright n 1992 and 2009 by The American Institute of Architects. Alt rights reserved. WARNING: This AIA"' Document Is protected by U.S, Copyright Law and International Treaties_ Unauthorized reproduction or distribution of this AIA' 17 Document, or any portion of it, may resutt in sewer& civil and criminal pena lties, and will be prosecuted to the maximum extent passible under the law. This document was produced by.A A software at 13:58 :14 on 0911612011 under order No.9240190901 1 which expires an 01i24/2012, and is net for resale. User Notes: (1683180143) In t. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design ofthe 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. § 10.8 Minnesota Data Practices Act Compliance. The Architect must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the Owner pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Architect pursuant to this Agreement. The Architect is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event the Architect receives a request to release data, the Architect must immediately notify the Owner. The Owner will give the Architect instructions concerning the release of the data to the requesting party before the data is released. Architect agrees to defend, indemnify, and hold the Owner, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Architect's officers', agents', owners', partners' employees', volunteers', assignees' or subcontractors' unlawful disclosure andfor use of protected data. The terms of this section shall survive the cancellation or termination of this Agreement. § 10.9 Architect's Subcontractors and Agents. Pursuant to Minnesota Statute § 471.25, Subdivision 4a, the Architect must pay any subcontractor within ten (10) days of the Architect's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Architect must pay interest of one and one -half percent (1''A %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $300.00, the Architect shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Architect shall be awarded its costs an disbursements, including attorney's fees, incurred in bring action. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) Heritage Center Fixed Fee: $776,700 Construction Cost Estimated x 7.5% _ $58,250 Format for Fixed Fees Assigned to Subsequent Specific Projects: *New Building 6%x Construction Cost Estimate *Simple Additions: 7% x Construction Cost Estimate *Additions with Remodeling: 7.5% x Construction Cost Estimate *Remodeling: 7.5% x Construction Cost Estimate * "Gut" Job Renovations: 8.5% x Construction Cost Estimate Commissioning by separate contract. Furnish and Equipment Services (if requested) Fixed Fee Based on 6% of the Furnishings Cost Documented by Wold § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, conrpensarion. If necessary, list specific services to which particular methods of compensation apply.) 1.25 x (salary plus overhead) AIA Document 8132'm --2009 (formerly 8141 Tu CMa- 1992). Copyright 0 1902 and 2009 by The American institute of Architects. All rights reserved. WARNING: This AlAe' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale 18 Document, or any portion of it, may result in severe. OM and criminal penattles, and will be prosecuted to the maximum extent possible under the law. This document was produced by A1A software at 13:58:14 on 09/1612011 under Order No.9240190901_1 which expires cm 01/2412012, and Is net for 6B31 resale. rl0143) User Notes: 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation) 1.25 x (salary plus overhead) § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect times 1.25. -§ .111.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase fifteen percent ( 15 %) Design Development Phase twenty percent ( 20 %) Construction Documents Phase forty percent ( 40 %) Bidding or Negotiation Phase five percent ( 5 %) Construction Phase twenty percent ( 20 afe) IRIL Total Basic Compensation one hundred percent ( 100 %) - r he Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. § 11.6 When compensation is . based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona tide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. §.11.7 The .hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall-be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rases or insert them below) Employee or Category Rate ($0,00) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 mileage based on Federal rates in connection with the project and Owner requested out-of-state travel; .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, including government agency review and permit fees; . 4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; (Paragraph deleted) . 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 ofthat normally carried by the Architect's consultants; AIA Document 13152'' — 2009 (formerly 8141 ""Chia 19921. Copyright ID 1992 and 2009 by The American Institute of Architects. Ail rights reserved. WARNING: This ALA "" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent posslbte under the law, This document was produced by NA software et 13'50:14 en 09/19/2011 under Order No.9240190901 1 which explres on 0112412012, and is not far resale. User Notes: (1663180143) Init. .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project - related expenditures. § 11.8.2 For Reimbursable Expenses related to mileage the compensation shall be the expenses incurred by the Architect and the Architect's consultants (Paragraphs deleted) and shall be billed at expense plus 50% of expenses incurred. All other reimbursable expenses shall be billed at actual cost to Architect plus zero percent ( 0 eta) of the expenses incurred. § 11.10 Payments to the. Architect § 11.10.1 An initial payment of zero ($ 0.00 ) 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. § 11,102 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 sixty ( 60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) t as set by Minnesota Statute Section 549.09. Local rate of intere § 11.10.3 The Owner shall not.withhold amounts from 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. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument: signed by both Owner and Architect. §.13.2; Agreement is comprised of the following documents listed below: .1 AIA Document B132T 1 2009, Standard Form Agreement Between Owner and Architect, Construction Manager; as Adviser Edition AIA Document E201 Digital Data Protocol Exhibit, if completed, or the following: .3 AIA Document E202T"r -2008, Building Information Modeling Protocol Exhibit, if completed, or the following: Other documents: (List other documents, if any, including additional scopes of service forming part of the Agreement) AIA Document 8132 —2009 (formerly B141 — 1552}. Copyright 1992 and 2009 byThe American Institute or Architects. All rights reserved. WARNING: This AIA"' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of ibis MA'' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the lew, This document was produced by AIA software at 13:58:14 on 09/1612911 under Order No.92 2 10190001_1 which expires an 01/2412012, and is not for resale. User Notes: (1683180143) Init This Agreement is entered into as of the day and year first written above. OWNER (Signature) ARC TT CT (Signature) Joel L. Dunning // AIA, LEED AP Partner -in- Charge (Printed name and title) Mark Bellows, Mayor (Printed name and title) Charlene Friedges, City Clerk (Printed name and title) AIA Document 0132" — 2009 (formerly B141 "'CMa — 1992). Copyright '5 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA'" Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction ordistdbution of tills AIA" Z� Document, or any portion of It, may result to severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA senware at 13 :59 :14 an 00/16/2011 under Order No.9240190901 1 which expires on 01124/2012, and is not for resale. Usar Notes: (1683180143) City of Lakeville Heritage Center Program Summary 1.100 Senior Center- Community Rooms 1.101 Multi-purpose Room (large) 1.102 Multi-purpose Room (medium) 1.103 Conference Room(s) 1.104 Classroom(s) 1.105 Arts and Crafts 1.106 Coffee Shop 1.107 Game Room 1.108 Library 1.109 Computer Lab (2 Stations) 1.110 Card Room (1 @330sf, 1©440sf) 1.111 Ping Fong Room/ Darts 1.112 Locker Rooms, Shower/Toilets 1.113 Exercise Room (Cardio Classes) 1.114 Weight Room 1,115 Gift Shop 1.100 Total Community Rooms 1.200 Senior Center Support Spaces 1.201 Reception/ Entrance 1.202 Brochures 1.203 Office 1-Administration 1.204 Office 2- Administration 1.205 Office Storage Room 1.206 Kitchen 1.207 Pantry 1.208 Men's Restroom 1.209 Women's Restroom 1.210 Unisex Toilet 1.211 Storage 1.212 Table/ Chair Storage 1.213 Closets 1.214 Utility Rooms 1.200 Total Support Spaces Attachment A Weld Architects and Engineers August 17, 2011 Existing Proposed Facility Design 1,765 S.F. - S.F. - S.F. - S.F. 484 S.F. - S,F. 679 S.F. 152 S.F. - S.F. 406 S.F. - S.F. - S.F. - S.F. - S.F. 532 S.F. 4,018 S.F. BB S.F. - S.F. 145 S.F. 110 S.F. - S.F. 215 S.F. - S.F. 93 S.F. 100 S.F. - 170 S.F. - S.F. 64 S.F. 150 S.F. 1,135 S.F. Aug. 2011 3,000 S.F. 1,215 S.F. incl. w/ 1.101 incl. w/ 1.101 incl. w/ 1.102 203 S.F, 932 S.F. 136 S.F. 136 S.F. 770 S.F. incl. w/ 1.107 758 S.F. 436 S.F. 258 S.F. 156 S.F. 8,000 S.F. 630 S.F. 51 S.F. 240 S.F. 350 S.F. incl. w/ 1.203 345 S.F. incl. w/ 1.206 70 S.F. 70 S.F. 76 S.F. 302 S.F. 225 S.F. 122 S.F. 451 S.F. 2,932 S.F. Total Senior Center 5,153 S.F. 10,932 S.F. City of Lakeville Heritage Center 2.100 Historical Society- Public Spaces 2.101 Conference Room (20 occupants) 2.102 Program Space (Multi - Purpose Rm- Medium) 2.103 Display Area 2.100 Total Public Spaces 2.200 Historical Society Support Spaces 2.201 Office 2.202 Office 2.203 Print/Copy/ Supplies 2.204 Records Storage 2.205 Work Room 2.206 Serving Kitchen 2.200 3.100 Yellow Ribbon Center Total Support Spaces 3.100 Office Area 3.100 Total Office Area Wold Architects and Engineers August 17, 2011 450 S.F. 550 S.F. 703 S.F. Share wl SC S.F. 1,010 S.F. S.F. 2,163 S.F. 1,990 S.F. 192 S.F. -- S.F. — S.F. 72 S.F. 168 S.F. 150 S.F. 582 S.F. -y S.F. — S.F. 135 S.F. 135 S.F. 150 S.F. 280 S.F. 215 S.F. Share w1 SC S.F. 915 S.F. Total Historical Society 3,276 S.F. 2,905 S.F. 500 S.F. 500 S.F. Total Yellow Ribbon Center — S.F. 500 S.F. Total Proposed Space Net to Gross Factor 14,337 S.F. x 1.17 Total Available Space 16,772 S.F. Attachment B Senior Center /Historic Society Relocation Building Remodel Cost Estimates as of June 24, 2011 Project Estimate Demolition Sheet Rocked Walis $ 10,000 Doors 1,000 Openings In Walls for New Doors 1,000 Overhead Doors 1,000 Lay -In Ceiling 1,600 Wood Ceiling 400 Carpet 1,000 Vinyl Base Millwork Dumpster Charges 5 Tipping Fees 6,100 Concrete Floor Patchng s 2,200 Floor Leveling (Maxxan) 6,600 Masonry Overhead Door inf'i!i $ .2,000 Millwork $ 8,600 Roof- replacement $ 130,000 Doorstopenings H.M. Frame, Wood Door, New Hardware $ 6,900 Miscellaneous. Hardware Modifications 13,800 Windows - Game Room 17,600. Finishes Sheet Rocked Walls $ 6 Patching at Demolition 61140 Accoustical Ceiling 20,700 Carpet or Tile - 900 sq. yds @ 35.00 (includes kitchen) 31,50 Vinyl Base 5,000 Painting 5,000 General Construction Subtotal 310,700 Kitchen Equip (new) $ 26,000 Furniture 50,000 Mechanical HVAC 55,500 Fire Protection Modifications 30,000 Plumbing, Fixtures, Supply, Sewer, Storm, Vent, Ins. 17,500 Mechanical Subtotal $ 103,000 Electrical $ 87,000 Parking (80 x 2,500) $ 200,000 Probable Cost of Construction (SUBTOTAL) $ 776,700 Architectural and professional services (10 %) 77,500 Construction management (15%) 115,000 Contingency (10 °%) 75,000 Site restoration and other costs 50,000 Permits, construction testing, fees, SAC 25,800 Total Project Estimated Cost $ 1,120,000