HomeMy WebLinkAbout#15 - Leo A Daly AgreementSTAFF REPORT
DATE: December 15, 2020
CONSENT
AGENDA ITEM: Agreement with Leo A Daly
TO: Mayor and Council
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
At the October 20, 2020 council meeting, staff was directed to begin contract negotiations with Leo A
Daly for architectural and engineering services for the new city hall, fire station and addition to public
works.
ISSUE BEFORE COUNCIL:
Should Council approve the agreement with Leo A Daly??
PROPOSAL DETAILS/ANALYSIS:
Included in your packet is the AIA agreement with Leo A Daly for the new city hall, fire station and public
works addition. The agreement has been reviewed by legal counsel Jim Strommen at Kennedy and Graven.
The anticipated schedule is included in 1.1.4:
The Owner's anticipated design and construction milestone dates:
.1 Design phase milestone dates, if any: Preliminary Schedule as follows
December 17, 2020 - December 31, 2021: Site Due Diligence / Existing Building Verification
January 4, 2020 - July 6 , 2021: Design (Schematic Design through Construction Documents)
July 7, 2021- August 17, 2021: Bidding Phase
.2 Construction commencement date: August l8, 202l
.3 Substantial Completion date or dates: Preliminary schedule as follows. To be verified by Construction
Manager.
June 8, 2022: Addition to Public Works
June 30, 2022: Additions to Brookfield office building
October 14, 2022: Remodeling of Brookfield office building
.4 Other milestone dates:
November 18, 2022: Project Closeout.
The project schedule was shared with the construction manager, H&U, and they believe it is reasonable but
will require all tenants to vacate the Brookfield building by the end of 2021. The agreement further outlines
the Architect’s responsibilities through the above phases.
In addition to the architect/engineer, the city will need to retain a land surveyor, geo technical engineer,
utilize FOCUS engineering for civil up to the site and likely Roseville IT and the Washington Ramsey
Suburban Cable staff for IT and AV needs. The Architect will provide a separate bid package for furniture,
fixtures and equipment (FFE) for public bidding or procurement through the State Contracts.
The process will involve two community engagements (either in person or virtual open houses or online
survey) and three public presentation at council meetings with three renderings.
FISCAL IMPACT:
Compensation is laid out in Article 11. The base fee is $516,720. If the Architect has to perform work after
24 months from the date of approval, there will be additional fees as incurred by the Architect. The fee for
the drawings and survey of existing facilities is $7,000. The FFE design is $39,000. All of these fees are
consistent with the proposal council saw last month. As noted in the CIP, the costs would be split 80%
general fund, 10% water and 10% sewer.
OPTIONS:
1) Approve AIA Document B133-2019 with Leo A Daly
2) Amend and then Approve AIA Document B133 with Leo A Daly
3) Do not approve the AIA Document B133 agreement
RECOMMENDATION:
If removed from the consent agenda:
“Motion to approve the AIA Document B133 with Leo A Daly.”
ATTACHMENT:
• AIA Document B133-2019 with Leo A Daly
$W&AIA Document 8133"- 2o1e
Etandard Form of Agreement Between Owner and Architect, Construction Manager as
Constructor Edition
AGREEMENT made as of the 15th day of December intheyear 2020
(Inwords, indicate day, month øndyeør.)ADDITIONS AND DELETIONS:
Ìhe 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 Repo/t 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 AIA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
Architecture and Engineering Services for Public Facilities for
. City Hall, Fire Department Facility, and Washington County Sheriff s substation
- Remodeling and Addition at the existing Brookfield office building.
. Public Works Addition and Remodeling.
BETWEEN the Architect's client identified as the Owner:
Q,{ame, legal status, address, and other information)
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042
and the Architect:
Qr{ame, legal status, address, and other information)
LEO A DALY
730 2"d Avenue South, Suite 1300
Minneapolis, MN 55402
for the following Project:
Q,lame, locstion, qnd detqiled description)
The Construction Manager (if known):
(Name, legal status, address, ønd other information)
It is anticipated to be H&U Construction
5555 West 78th Street, Suite A
Minneapolis, MN 55439
This document is intended to be used
in conjunction with AIA Documents
A201-20'17 n, General Conditions of
the Contract for Construction;
4133-201grM Standard Form of
Agreement Between Owner and
Construction Manager as
Constructor where the basis of
payment is the Cost of the Work Plus
a Fee with a Guaranteed Maximum
Price; and A134-2019rM Standard
Form of Agreement Between Owner
and Construction Manager as
Constructor where the basis of
payment is the Cost of the Work Plus
a Fee without a Guaranteed
Maximum Price. AIA Document
A.20'lN-20'17 is adopted in this
document by reference. Do not use
with other general conditions unless
this document is modified.
The Owner and Architect agree as follows.
AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The "Amer¡can lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used withoul permission. This document was produced by AIA sofrware at 1'10:38:09 ET on 12lOBl2O20 under Order No.1714899430 which expirês on O111412O21, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@aia.org.
UsêrNotes: (926183734)
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I
TABLE OF ARTICLES
INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
SCOPE OF ARCHITECT'S BASIC SERVICES
SUPPLEMENTAL AND ADDITIONAL SERVICES
OWNER'S RESPONSIBILITIES
COST OF THE WORK
COPYRIGHTS AND LICENSES
CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
1(l MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPEOFTHEAGREEMENT
ARTICLE 1 INITIAL INFORMATION
$ 1.1 This Agreement is based on the Initial Information set forth in this Section I . I .
(For each item in this section, insert the information or a statement such as "not applicable" or "unlcrrown at time of
execution.")
S f .1 .f Thc Owner's program for the Project:
(Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which
the program will be developed)
The preliminary fit plans developed in March of 2018 by LEO A DALY will serve as the starting point for the Owner's
progrum as well as the related space study andrecommendations prepared by BKV Group in 2017.The program will be
reviewed and revised as required as part ofthis project. The scale ofthe program is not anticipated to increase or decrease
substantially from the space requirements delineated in Exhibit A - Brookfield Office Building Fit Study or the BKV
Facilities Study related to City Hall / Fire Station option located at the Brookfield site.
S f.1.2 The Project's physical characteristics:
(Identifu or describe pertinent information about the Project's physical charqcteristics, such as size; locøtion;
dimensions; geotechnical reports; site boundaries; topographic surveys; trffic and utility studies; availability of public
and private utilities ønd services; legal description ofthe site, etc.)
.1 City Hall, Fire Station, and Washington County Sheriff s substation:
Shall be coJocated at 3880 Laverne Ave. This includes an interior remodel of the Brookfield office building and
an addition of fire apparatus bays and council chambers. The design is likely to include construction of
approximately 9,375 square feet for City Hall, 22,300 square feet for fire and public safety, including 6 apparatus
bays. The adjacent property which the current City Council Chambers is located shall be considered part of the
site boundaries for this project.
.2 Public Works:
Approximately 2,340 square foot addition of Public Works office space at the current Public Works facility
located at3445Ideal Ave North.
AlADocumentBl33"-20l9,Copyright@20l4,and2019byTheAmericanlnst¡tuteofArch¡tects.All rightsreserved.The"AmericanlnstituteofArchitects,""AlA,",
the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used withoul permission. This document was produced by AIA software at t
10:38:09 ET on 12lOBl2O20 under Order No.1714899430 which expires on O111412021, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documentsó Terms of Service. To report copyright violations, e-mail copyright@aia.org.
User Notes: (926183734)
lnit.
S 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1:
(Provide total and, if lcnown, a line item breakdown.)
Assumed construction cost of $8,832,000. The total project costs are unknown currently.
S 1.1.4 The Owner's anticipated design and construction milestone dates:
,1 Design phase milestone dates, if any: Preliminary Schedule as follows
December 17,2020 - December 31,2021: Site Due Diligence / Existing Building Verification
January 4,2020 - July 6,2021: Design (Schematic Design through Construction Documents)
July 1,2021 - August 17,2021: Bidding Phase
.2 Construction commencement date:
August 18,2021
.3 Substantial Completion date or dates: Preliminary schedule as follows. To be veri{ied by Construction
Maaager.
June 8, 2022: Addition to Public Works
June 30, 2022: Addifions to Brookfield office building
October 14,20222 Remodeling of Brookfield office building
.4 Other milestone dates:
November I 8, 2022: Proj ect Closeout.
S f .1 .5 The Owner intends to retain a Construction Manager pursuant to the following agreement:
( Indic ate a gre ement typ e. )
t X 1 AIA Document A133-2019, Standard Form of Agreement Between Owner and Construction Manager
at risk where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price.
t ] AIA Document A134--2019, Standard Form of Agreement Between Owner and Construction Manager
advisor where the basis ofpayment is the cost of work plus a fee without a Guaranteed Maximum Price.
S 1.f.6 The Owner's requirements for accelerated or fast-track design and construction, or phased construction are set
forth below:
(List number and type of bid/procurement packages.)
The project delivery method is likely to be Construction Manager at Risk. Currently the project involves designing and
constructing around an existing tenant in the Brookfield office building. The tenant's lease expires June 30, 2022.|t is
assumed this will require a phased construction approach without the need for separate bid/procurement packages.
$ 1.1 .7 The Owner's anticipated Sustainable Objective for the Project:
(Identifi and describe the Owner's Sustainable Objectivefor the Project, rf ony.)
N/A
(Paragraph deleted)
S 1.1.8 The Owner identifies the following representative in accordance with Section 5.4
AIA Document 8133* - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA sofiware at
l0:38:09 ET on 12lOBl2O20 under Order No.1714899430 which expires on O1l'1412O21, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documentso Terms of Servic6. To report copyright violations, e-mail copyright@aia.org.
User Notes: (926183734)
3
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(List nøme, øddress, ønd other contact information.)
Kristina Handt, City Administrator
City of Lake Elmo
3880 Laveme Avenue North
Lake Elmo, MN 55042
$ 1.f .9 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's
submittals to the Owner are as follows:
to whom, upon Owner request, the Architect shall provide submittals for review.
22?2
$ f .1 .10 The Owner shall retain the following consultants and contractors
(List name, legal støtus, address, and other contact information.)
Construction Manager:
(The Construction Manager is identified on the cover pøge. If a Construction Manager has not been
retained as of the date of this Agreement, state the anticipated date of retention. If the Architect is to assist
the Owner in selecting the Construction Manøger, complete Section 4.1.1.1)
Anticipated to be known on or around December 1,2020
.2 Land Surveyor;
TBD - LEO A DALY to provide the Owner an RFP to help the Owner solicit the procurement of a survey
at the Brookfield site and adjacent properties as well as at the existing Public Works site if deemed
necessary.
.3 GeotechnicalEngineer:
TBD - LEO A DALY to provide the Owner an RFP to help the Owner solicit the procurement of a geotechnical
report at the Brookfield site as well as at the existing Public Works site if deemed necessary.
.4 Civil Engineer:
Focus Engineering, Inc. For any utility work leading to the site property boundary at the Brookflteld site and the
Fublic Works site, if required.
.5 Other consultants and contractors:
(Lisî any other consultants and contractors retained by the Owner.)
IT Consultant; Roseville IT
S l.f .11 The Architect identifies the following representative in accordance with Section 2.4
(List name, øddress, ønd other contact information.)
Todd LaVold, Project Manager
LEO A DALY
7302"d Avenue South, Suite 1300
Minneapolis, MN 55402
S f ,f ,12 The Architect shall retain the consultants identified in Sections l.l.l2.l and 1.1.12.2:
(List name, Iegal støtus, address, qnd other contact information.)
S 1.1.12.1 Consultants retained under Basic Services:
AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used w¡thout permission. This document was produced by AIA software at ,
10:38:09 ET on 12tO8t2O20 undêr Order No. t Zt ¿gg-9¿¡O which exp¡res on 0111412021 , is not for resale, is licensed for one-time use oñ!, and may only be used in +
accordance with th€ AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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I Structural Engineer:
Meyer Borgman Johnson5l0 Marquette Avenue South, Suite 900
Minneapolis, MN 55402
.2 Mechanical Engineer: LEO ê DALY
(Paragraphs deleted)
.3 Electrical Engineer: LEO A DALY
S 1.1.1 2.2 Consultants retained under Supplemental Services:
Landscape Architect:
Hoisington Koegler Group, Inc
123 North Third Street Suite 100
Minneapolis, MN 55401
$ Lf .13 Other Initial Information on which the Agreement is based:
I Nr.e,
$ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial
Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the
Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to
accommodate material changes in the Initial Information.
$ 1.3 The parties shall agree upon protocols goveming the hansmission and use of Instruments of Service or any other
information or documentation in digital form.
(Paragraph deleted)
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
$ 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is
properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or
shall cause such services to be performed by appropriately licensed design professionals.
$ 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 ofthe Project.
$ 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in
the agreement identifred in Section I .1.5. The Architect shall not be responsible for actions taken by the Construction
Manager.
$ 2.4 The Architect shall identiff 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.
AIA Document Bl33* - 20{ 9. Copyright @ 2014, and 201 9 by ïhe American lnstitute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" ãre registered trademarks and may not be used withoul permission. This document was produced by AIA sofiware at
10:38:09 ET on 1210812O20 under Order No.1714899430 which expires on 0111412021, is not for resale, is licensed for one-lime use only, and may only be used in
accordance w¡th the AIA Contract Documents@ Terms of Service. To report copyright violat¡ons, e-ma¡l copyright@aia.org.
User Notes: (926183734)
5
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$ 2.6 lnsurance. The Architect shall maintain the following insurance until termination of this Agreement. If any of the
requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay
the Architect as set forth in Section I 1.9.
S 2.6.f Commercial General Liability with policy limits of not less than three-million dollars ($ $3,000,000 ) for each
occurrence and three-million dollars ($ 3,000,000 ) in the aggregate for bodily injury and property damage.
S 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits
of not less than five-hundred thousand dollars ($ 500,000 ) per accident for bodily injrry, death of any person, and
property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other
statutorily required automobile coverage.
S 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile
Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess
or umbrella liability insurance policies result in the same or greater coverage as the coverages required under
Sections 2.6.I and2.6.2, and in no event shall any excess or umbrella liability insurance provide narrol¡ver coverage than
the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual
payment by the underlying insurers.
S 2.6.4 Workers' Compensation at statutory limits.
S 2.6.5 Employers' Liability with policy limits not less than five hundred thousand dollars ($ 500,000 ) each accident,
and five hundred thousand dollars ($ 500,000 ) policy limit.
S 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services,
with policy limits of not less than two million dollars ($ 2,000,000 ) per claim and two million dollars ($ 2,000,000 )
in the aggregate. See attached Certificate of Liability Insurance.
S 2.6.7 Additional lnsured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary polices
for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims
caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary
and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations.
Umbrella policies, if any, shall follow form of the underlying policies.
S 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements
in this Section 2.6.
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
$ 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary
structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or
Additional Services.
S 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings,
communicate with members of the Project team, and report progress to the Owner.
$ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager,
and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy,
completeness, and timeliness of, services and information furnished by the Owner, the Conìtruction Manager, and ihe
Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of
any effor, omission, or inconsistency in such services or information.
S 3.1 .3 As soon as practicable after the date of this Agreement, and if requested by Owner or otherwise required herein,
the Architect shall submit, for the Construction Manager's review and the Owner's approval, a schedule for the
performance of the Architect's seryices. The schedule shall include design phase milestone dates, as well as the
anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the
Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the
Construction Manager's review, for the performance of the Construction Manager's Preconstruction Phase services, for
AIA Document 8133" - 2019. Copyright O 2014, and 20'19 by The American lnstitute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used withôut perm:ss¡on. This document was produced by AIA software at ¡
10:38:09 EI on 1210812020 under Order No.1714899430 which expires on 0111412021, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the
Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be
exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as
the Project proceeds until the commencement of construction.
S 3.1.3.1 The Owner agrees that the Architect is not responsible for damages arising from any circumstances beyond the
Architect's reasonablc control. For purposes of this Agreement, such causes include, but are not limited to, strikes or
other labor disputes; severe weather disruptions, natural disasters, fire or other acts of God; riots, war or other
emergencies; failure of any governmental agency to act in timely manner; failure of performance by the Owner or the
Owner's other designers, contractor, or any oftheir subcontractors; or discovery ofany hazardous substances or differing
and unforeseeable site conditions. Notwithstanding the foregoing, time is of the essence to the Owner for the completion
of each phase of the Architect's services. The Architect shall timely inform the Owner if the Architect has reason to
believe that its final plans and specifications completion date will be delayed for any reason.
S 3,f .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. The Architect shall review and approve, or take other appropriate
action upon, the portion of the Project schedule relating to the performance of the Architect's services.
$ 3.1.5 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of
non-conforming work, made or given without the Architect's written approval.
$ 3,1.6 The Architect shall, in coordination with the Construction Manager, contact governmental authorities required to
approve the Construction Documents. The Architect shall respond to applicable design requirements imposed by those
authorities and entities.
S 3.f .7 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.
S 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, or the
Owner's approval of the Construction Manager's Control Estimate, as applicable, the Architect shall consider the
Construction Manager's requests for substitutions and, upon written request of the Construction Manager, provide
clarification or interpretations pertaining to the Drawings, Specifications, and other documents submitted by the
Architect. The Architect and Construction Manager shall include the Owner in communications related to substitution
requests, clarifications, and interpretations.
$ 3.2 Review of the Construction Manageds Guaranteed Maximum Price Proposal or Control Estimate
$ 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall
prepare, for review by the Owner and Architect, and for the Owner's acceptance or approval, a Guaranteed Maximum
Price proposal or Control Estimate. The Architect shall assist the Owner in reviewing the Construction Manager's
proposal or estimate. The Architect's review is not for the purpose of discovering errors, omissions, or inconsistencies; for
the assumption of any responsibility for the Construction Manager's proposed means, methods, sequences, techniques, or
procedures; or for the verification of any estimates of cost or estimated cost proposals. In the event that the Architect
discovers any inconsistencies or inaccuracies in the information presented, the Architect shall promptly noti$ the Owner
and Construction Manager.
S 3.2.2 Upon authorizationby the Owner, and subject to Section 4.2.1.14, the Architect shall update the Drawings,
Specifications, and other documents to incorporate the agreed upon assumptions and clarifications contained in the
Guaranteed Maximum Price Amendment or Control Estimate.
$ 3.3 Schematic Design Phase Services
S 3.3.1 The Architect shall review the program, and other information furnished by the O'ù/ner and Construction Manager,
and shall review laws, codes, and regulations applicable to the Architect's services.
S 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the
Work, Project site, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project.
The Architect shall notiSr 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.
AIA Document 8133" - 2019. Copyright @ 2014, and 201 9 by The Amer¡can lnstitute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Docüments" are reg¡slered trademarks and may not be used wÌthout permission. This document was produced by AIA software at 7
10:38:09 E'l on 1210812020 under Order No.1714899430 which exp¡res on 0111412021, is not for resale, is licensed for one-time usô only, and may only be used in
accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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S 3.3.3 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. The Architect
shall reach an understanding with the Owner regarding the requirements of the Project.
S 3.3.4 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.
S 3,3.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design
Documents for Construction Manager's review and the Owner's approval. The Schematic Design Documents shall
consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and
elevations; and may include some combination of study models, perspective sketches, or digital representations.
Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in
writing.
S 3.3,5,f The Architect shall consider sustainable design altematives, such as material choices and building orientation,
togetherwith other considerations based on program and aesthetics, in developing a design that is consistent with the
Owner's program, schedule and budget for the Cost of the \ù/ork. The Owner may obtain more advanced sustainable
design services as a Supplemental Service under Section 4.1.
S 3,3.5.2 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 program, schedule, and budget for the Cost of the rù/ork.
$ 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The
Architect shall meet with the Construction Manager to review the Schematic Design Documents.
S 3.3.7 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 and request the Owner's approval of
the Schematic Design Documents. If revisions 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.
S 3.3.8 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.
$ 3.4 Design Development Phase Services
S 3.4,f Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any
adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design
Development Documents for the Construction Manager's review and the Owner's approval. 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 other appropriate elements. The Design Development Documents shall also include outline specifications
that identifu major materials and systems and establish in general their quality levels.
S 3,4.2 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.
S 3.4.3 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.
AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Arch¡tects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA ContraÕt Documents" are reg¡stered lrademarks and may not be used without permission. This document was produced by AIA software at
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accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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$ 3.5 Construction Documents Phase Services
S 3.5,f 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 Construction Manager's review and the Owner's approval. The Construction Documents shall
illustrate and describe the further development of the approved Design Development Documents and shall consist of
Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and
other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the
Work, the Construction Manager 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.
S 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the
Project into the Construction Documents.
S 3.5.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the
Owner and Construction Manager in the development and preparation of (1) the Conditions of the Contract for
Construction (General, Supplementary and other Conditions) and (2) a project manual that includes the Conditions of the
Contract for Construction and Specifications, and may include sample forms.
S 3.5.4 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.
S 3.5.5 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 andrequest the Owner's approval of the
Construction Documents.
$ 3.6 Construction Phase Services
S 3.6.1 General
$ 3.6.1.f The Architect shall provide admínistration of the Contract between the Owner and the Construction Manager as
set forth below and in AIA Document A20l rM-2017 , General Conditions of the Contract for Construction. If the Owner
and Construction Manager modiff AIA Document 4201-2017, those modifications shall not affect the Architect's
services under this Agreement unless the Owner and the Architect amend this Agreement. The term "Contractor" as used
in A20l-2017 shall mean the Construction Manager.
S 3.6.1.2 Subject to Section 4.2,the Architect's responsibility to provide Construction Phase Services commences upon
the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Owner's approval of
the Construction Manager's Control Estimate, or by a written agreement between the Owner and Construction Manager
which sets forth a description of the lù/ork to be perforrned by the Construction Manager prior to such acceptance or
approval. Subject to Section 4.2, and except as provided in Section 3.6.6.5, the Architect's responsibility to provide
Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment.
S 3.6.f .3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase
Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.
The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be
responsible for the Construction Manager'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 of any other
persons or entities performing portions of the Work.
S 3.6.2 Evaluations of the Work
S 3.6.2.1 The Architect shall visit the site as required in Section 4.2.3,to become generally familiar with the progress and
quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a
manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However,
the Architect shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity
of the rù/ork. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and
quality of the portion of the Work completed, and promptly report to the Owner (l) known deviations from the Contract
AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
lhe AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used w¡thout permission. This document was produced by AIA sofrware at
10:38:09 ET on 1210812O20 under Order No.17'14899430 which expires on 0111412O21, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@a¡a.org.
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9
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Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager,
and (3) defects and deficiencies observed in the Work.
S 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. rùy'henever the
Architect considers it necessary or advisable, the Architect shall have the authority to require observations or testing of the
Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or
completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to
exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager,
Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work.
S 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of the
Contract Documents on written request of either the Owner or 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.
S 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable
from, the Contract Documcnts and shall be in writing or in the form of drawings. When making such interpretations and
decisions, the Architect shall endeavor to secure faithful perfoÍnance by both Owner and Construction Manager, shall not
show partiality to either, and shall not be liable for results ofinterpretations 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. The Architect shall not be liable to the Owner or the Construction Manager for decisions regarding
purely aesthetic interpretations rendered in good faith.
S 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as
that term is defined in AIA Document A20l-2017, the Architect shall render initial decisions on Claims between the
Owner and Construction Manager as provided in the Contract Documents.
S 3.6.3 Certificates for Payment to Construction Manager
$ 3.6.3.f The Architect shall review and certi$ the amounts due the Construction Manager and shall issue certificates in
such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the
Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's
Application for Payment, that, to the best of the Architect's knowledge, information and beliei the Work has progressed
to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Construction
Manager is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of
the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and
inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific
qualifications expressed by the Architect.
S 3,6.3,2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive
or continuous on-site observations to check the quality or quantity of the Work, (2) reviewed construction means,
methods, techniques, sequences orprocedures, (3) reviewed copies ofrequisitions received from Subcontractors and
suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment, or (4)
ascertained how or for what purpose the Construction Manager has used money previously paid on account of the
Contract Sum.
$ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
S 3.6.4 Submittals
S 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not uffeasonably delay or
withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the
approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while
allowing sufficient time, in the Architect's professional judgment, to permit adequate review.
S 3.6.4.2 The Architect shall review , and take appropriate action upon, the Construction Manager'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 Construction Manager's responsibility. The
AIA Document 8133" - 2019. Copyright O 2014, and 201 9 by The American lnstitute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are reg¡stered trademarks and may not be used w¡thout permission. This document was produced by AIA sofrware at ,¡ ¡'10:38:09 ET on 1210812O20 under Order No.1714899430 which expires on O111412O21 , is not for resale, is licensed for one-time use only, and may only be used in ¡ v
accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copydght@aia.org.
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Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques,
sequences or procedures. The Architect's review of a specific item shall not indicate approval of an assembly of which the
item is a component. The Architect's review shall not constitute approval of a deviation from the requirements of the
Contract Documents unless the Contractor has specifically informed the Architect in writing of such deviation at the time
of submittal and the Architect has given written acknowledgement of the specific deviation.
$ 3,6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services
or certifications by a design professional related to systems, materials, or equipment, the Architect shall speciff the
appropriate performance and design criteria that such services must satis$. The Architect shall review and take
appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction
Manager's design professional, provided the submittals bear such professional's seal and signature when submitted to the
Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given
and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be
responsible for, the adequacy and accuracy ofthe services, certifications, and approvals performed or provided by such
design professionals.
S 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract
Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information.
Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or
Specifications in need ofclarification and the nature ofthe 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 the requests
for information.
$ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction
Manager in accordance with the requirements of the Contract Documents.
S 3.6.5 Changes in the Work
S 3.6.5.1 The Architect may order minor changes in the rù/ork that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section
4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and
execution in accordance with the Contract Documents.
$ 3.6.5.2 The Architect shall maintain records relative to changes in the rrl/ork.
S 3.6.6 Project Completion
S 3.6.6.1 The Architect shall:
.1 conduct observations to determine the date or dates of Substantial Completion and the date of final
completion
.2 issue Certificates of Substantial Completion;
.3 forward to the Owner, for the Owner's review and records, written warranties and related documents
required by the Contract Documents and received from the Construction Manager; and
.4 issue a final Certificate for Payment based upon a final observation indicating that, to the best of the
Architect's knowledge, information, and belief; the Work complies with the requirements of the Contract
Documents.
S 3,6.6.2 The Architect's inspections shall be conducted with the Owner to (l) check conformance of the Work with the
requirements of the Contract Documents and (2) veriff the accwacy and completeness of the list submitted by the
Construction Manager of Work to be completed or corrected.
S 3.6.6.2.1 The Architect will conduct (l) punch-list of each building, and (l) substantial completion observation of the
work of each building. If additional punch list observations or on-site reviews for compliance of punch-list of project
completion are requested by the CM or Owner, the Architect may charge hourly services for all additional observations,
including the costs of architects time for travel, mileage and incidentals.
AIA Document B{ 33* - 2019. Copyright @ 2014, and 201 9 by The American lnstitute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used w¡thout permission. This document was produced by AIA software at .¡ 1
10:38:09 ET on 1210812O20 under Order No.1714899430 which expires on 0111412021, is not for resale, is licensed for one-time use only, and may only be used in
accordancê with the AIA Contract Documentso Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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S 3.6.6,3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the
Contract Sum remaining to be paid the Conskuction Manager, including the amount to be retained from the Contract Sum
if any, for final completion or correction of the Work.
S 3.6.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager: (l)
consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2)
affidavits, receipts, releases and waivers of liens, or bonds indemniffing the Owner against liens; and (3) any other
documentation required of the Construction Manager under the Contract Documents.
S 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the
Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and
performance.
ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES
$ 4,1 Supplemental Services
S 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect
shall provide the listed Supplemental 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 11.2. Unless otherwise specifically
addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed
Supplemental Service is not being provided for the Project.
(Designate the Architect's Supplemental Services and the Owner's Supplementøl Services requiredþr the Project by
indicating whether the Architect or Owner shall be responsiblefor providing the identified Supplemental Service. Insert a
description of the Supplemental Sewices in Section 4.1.2 below or attach the description of services as an exhibit to this
Agreement.)
AIA Document 8133'- 2019. Copyright @ 2014, and 2019 by The American lnst¡tute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA sofrware at .¡ a
10:38:09 ET on 1210812020 under Order No.1714899430 which expires on 0111412021 , is not for resale, is licensed for one-time us€ only, and may only be used in
accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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Supplemental Services Responsibili$
(Architect, Owner, ot' not provided)
e 4.1 .1 .l Assistance with Selection of Construction Manaser Not provided
S 4.1.1.2 Prosrammins Architect
e 4.1.1.3 Multiole Preliminarv Desisns Architect
S 4.1.1.4 Measured drawinss Architect
S 4.1.1.5 Existing facilities surveys Architect
I 4.1.1.6 Site evaluation and olannins Architect
S 4.1.1.7 Buildine Information Model management responsibilities Architect
S 4.1.1.8 Development of Building Information Models for post
construction use
Not provided
S 4.1.1,9 Civil eneineerine Architect
I 4.1,1.10 Landscaoe desieï Architect
S 4.l.l.ll Architectural interior desisn Architect
ô 4.1.1.12 Value analvsis Architect
S 4.1.1.13 Cost estimating Not provided
e 4.1.1 .14 On-site oroiect renresentation Not provided
Q 4.1 .1 .15 Conformed documents for construction Architect
e 4.1,1,16 As-desicned record drawinss Not provided
S 4.1 .1 .17 As-constructed record drawinss Not provided
S 4.1.1.18 Post-occupancy evaluation Not provided
6 4.1 .1 .19 Facilitv sunoort services Not provided
S 4.1.1.20 Tenant-related services Not provided
S 4.1.1.21 Architect's coordination of the Owner's consultants Architect
$ 4.1.1.22 Telecommunications/data desisn Owner
I 4.1,1,23 Securiw evaluation and olannins Architect
S 4.1.1.24 Commissionins Not provided
G 4.1 .1.25 Sustainable Proiect Services DWSuant to Section 4.1 .3 Not provided
S 4.1.1.26 Historic þreservation Not provided
e 4.1.1.27 Furniture. fumishinss. and equioment desier Architect
S 4.1.1.28 A/VDesien Owner
Q 4.1,1.29 Communitv Ensasement Architect
S 4.1.1 .30 Renderinss and Presentations Architect
S 4.1.1.31 Fire Protection.Architect
S 4.1.1.32 Life Safety, Mass Notification. Fire Detection and Alarm Architect
S 4.1,1.33 Access Control Architect
Q 4.1.1.34 Surveillance Owner
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S 4.1.2 Description of Supplemental Services
$ 4.1 .2.1 A description of each Supplemental Service identifred in Section 4. 1 . I as the Architect's responsibility is
provided below.
(Describe in detail the At'chitect's Supplemental Seruices identiJìed in Section 4. I . I or, if set forth in an exhibit, identify
the exhibit. The AIA publishes a number of Standard Form of Architect's Services documents that can be included as an
exhibit to describe the Architect's Supplemental Services.)
AIA Oocument 8133" - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are reg¡stered trademarks and may not be used w¡thout permission. This document was produced by AIA soft\¡/are at ,t 2
10:38:09 ET on 12lOBl2O20 under Order No.1714899430 which expires on O1t1412O21, is not for resale, is licensed for one-time use only, and may only be used in I e
accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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.l Programming: The preliminary fit plans developed in March of 2018 by LEO A DALY will serve as the starting
point for the Owner's program as well as the related space sfudy and recommendations prepared by BKV Group in2017.
The program will be reviewed and revised as required.
.2 Multiple Preliminary Designs: The Architect will provide up to three (3) preliminary design options for the Work
located at the Brookfield site and up to three (3) preliminary options for the Vy'ork located at the Public Works
site.
Measured drawings: The Architect will review Owner provided drawings of the existing Brookfield and Public
Works building, prepare REVIT models based upon these drawings, and veriff the existing conditions against
thc model as required. Verification shall include structural columns and grids, bearing and shear walls, major
floor openings and stair locations, and major wall and architectural features. Mechanical and Electrical system
locations within the Brookfield building are not included in this Supplemental Service as these systems are
anticipated to be demolished as part of the Project. This Supplemental Service does not include field
measurements of individual structural components should this information not be available to the Architect via
existing drawings.
Existing facilities surveys: The basis for this Supplemental Service shall be Measured drawings. The Architect,
upon completion of the Measured drawing, will review the existing condition of the Brookfield building and the
Public Works building. The Architect will provide a surnmary of the conditions of each major component of the
building including site, envelope, architectural features/finishes, conveying systems, mechanical, and electrical
systems.
Building Information Model management responsibilities: Limited to the Architect's instrument of service.
Civil Engineering; Limited to site boundaries at Brookf,reld site and Public rüorks site.
Landscape Design: Limited to the Brookfield site and the Public Works site.
Architectural Interior Design: Limited to the Brookfield building and any additions as well as any addition or
areas directly remodeled within the Public \Vorks building.
.9: Value Analysis: Limited to responsibilities listed in Article 6.4.
t0:Conformed documents for construction: Limited to Construction Documents modified to include any addenda
issued during the bidding process and accepted alternates.
ll Architect's coordination of the Owner's consultants: Limited to coordination with the City of Lake Elmo's IT
consultant, Roseville IT. Roseville IT shall provide design guidance for the Architect to provide conduit and
rough ins for structured cabling, voice, and data communications,
l2 Security evaluation and planning: Architect will provide best practice planning for public works, city hall, fire
station, and police station design.
l3 Furniture, furnishings, and equipment design: The Architect will provide design and specifications for a separate
fumiture bid package for public bidding or for procurement through State of Minnesota furniture contracts.
Specialized Fire Department or Public Works equipment specifications shall be provided by the Architect or the
Owner and determined on a case by case scenario.
14 Community Engagement: Limited to two (2) in person or virtual open houses and / or one (l) online survey
15 Renderings and Presentations: Public presentations limited to three (3) City Council Meetings. Presentation
renderings limited to three (3) Schematic Design renderings (one exterior rendering at the Brookfield site, one
interior rendering at the Brookfield site, and one exterior rendering at the Public Vy'orks site, or any combination
of three renderings). These renderings and the scope of this Supplemental Service is limited to updating the
Schematic Design renderings during the Design Development phase.
AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Arch¡tects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are reg¡stered lrademarks and may not be used w¡thout permission. This document was produced by AIA software at
1 0:38:09 Êf on 1210812O20 under Order No.1 714899430 which expires on 0111412O21, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@a¡a.org.
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.4
5
6
7
8
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14
l6 Fire Protection: Architect to provide diagrammatic drawings and specifications to allow Design/Build fire
protection contractors to bíd this Project.
t'7 Life Safety, Mass Notification, and Fire Detection and Alarm: Architect will incorporate life safety, mass
notification, and fire detection and alarm drawings and specifications into the Construction Documents.
l8 Access Control: Architect will incorporate access control drawings and specifications, associated door hardware
specifications, and low voltage drawings and specifications to allow for the access control system to be publicly
bid.
S 4.1 .2.2 A description of each Supplemental Service identified in Section 4. I . I as the Owner's responsibility is provided
below.
(Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, if setforth in an exhibit, idenffi the
exhibit.)
I Telecommunications/data design: Design and documentation provided by the City of Lake Elmo's IT consultant,
Roseville IT.
A/V Design: It is anticipated that the City will procure A/V system design and equipment. Leo A Daly will
coordinate locations and equipment for the system specified and provided by others. Pathways will be provided
by LEO A DALY as directed by others.
.J
.2
Surveillance: It is anticipated that the City will procure security system design and equipment, integrated through
their IT provider. Leo A Daly will coordinate locations and equipment for the system specified and provided by
others. Pathways will be provided by LEO A DALY as directed by others.
(Paragraph deleted)
$ 4.2 Architect's Additional Services
The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement.
Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this
Section 4.2 shall entitle the Architect to compensation pursuant to Section I I .3 and an appropriate adjustment in the
Architect's schedule.
S 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notiff 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 Additional Services until the Architect receives the Owner's written authorization:
.l Services necessitated by a change in the Initial Information, previous instructions or recommendations
given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in
the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or bid
packages in addition to those listed in Section 1.1.6;
.2 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,
Guaranteed Maximum Price proposal, or Control Estimate exceeds the Owner's budget, except where such
exc€ss is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and
qualrty of materials, finishes, or equipment;
.3 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or
editing previously prepared Instruments of Service;
.4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of
applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable
authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to
requirements of the Instruments of Service when those Instruments of Service were prepared in accordance
with the applicable standard of care;
,5 Services 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 or the Owner's consultants or contractors
.6 Preparing digital ;models or other design documentation for transmission to the Owner's consultants and
contractors, or to other Owner- authorized recipients,
AIA Document 8133" - 2019, Copyright @ 2014, and 2019 by The American lnst¡tute of Architects. All rights reserved. The "American lnst¡tute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documenls" are registered trademarks and may not be used w¡thoüt permiss¡on. This document was produced by AIA software at ,¡ q
'10:38:09 ET on 1210812020 under Order No.1714899430 which exp¡res on01h4l2Ù21, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documentòo Terms of Service. To rêport copyright violations, e-mail copyrlght@aia.org.
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lnit.
.7
.8
.9
Preparation of design and documentation for altemate bid or proposal requests proposed by the Owner or
Construction Manager.
Preparation for, and attendance at, a public presentation, meeting or hearing in excess ofthose outlined in $
4.r.2.1.15
Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the
Architect is party thereto;
Consultation conceming replacement of V/ork resulting from fire or other cause during construction; or
Assistance to the Initial Decision Maker, if other than the Architect.
Services necessitated by replacement of the Construction Manager or conversion of the Construction
Manager as constnrctor project delivery method to an altemative project delivery method,
Services necessitated by the Owner's delay in engaging the Construction Manager,
Making revisions to the Drawings, Specifications, and other documents resulting from agreed-upon
assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control
Estimate; and
Making revisions to the Drawings, Specifications, and other documents resulting from substitutions
included in the Guaranteed Maximum Price Amendment or Control Estimate.
.10
.11
.12
.13
.14
.15
S 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, noti$r the
Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the
Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt
written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services
provided prior to the Architect's receipt of the Owner's notice:
.1 Reviewing a Construction Manager's submittal out of sequence from the submittal schedule approved by
the Architect;
.2 Responding to the Construction Manager's requests for information that are not prepared in accordance
with the Contract Documents or where such information is available to the Construction Manager from a
careful study and comparison of the Contract Documents, field conditions, other Owner-provided
information, Construction Manager-prepared coordination drawings, or prior Project correspondence or
documentation;
,3 Preparing Change Orders, and Construction Change Directives that require evaluation of the Construction
Manager's proposals and supporting data, or the preparation or revision of Instruments of Service;
,4 Evaluating an extensive number of Claims as the Initial Decision Maker; or
.5 Evaluating substitutions proposed by the Owner or Construction Manager and making subsequent
revisions to Instruments of Service resulting therefrom.
$ 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services. V/hen the limits below are reached, the Architect shall notiff the Owner:
.1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the
Construction Manager
.2 Twenty ( 20 ) visits to the site by the Architect during construction
,3 Two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
,4 two ( 2 ) inspections for any portion of the Work to determine final completion
S 4,2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in
Section 4.2.3, Construction Phase Services provided more than 60 days after (l) the date of Substantial Completion of the
Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor,
whichever is eadier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in
providing those Construction Phase Services.
S 4.2.5 If the services covered by this Agreement have not been completed within twenty-four ( 24 ) months of the date of
this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as Additional Services.
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
AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The "Amer¡can lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used wjthout permission. This document was produced by AIA sofrware at
10:38:09 ET on 1210812020 under Order No.1714899430 which expires on 01h412O21, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documentso Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability;
special equipment; systems; and site requirements.
$ 5.2 The Owner shall retaín a Construction Manager to provide services, duties, and responsibilities as described in the
agreement selected in Section L 1.5.
$ 5.3 The Owner shall establish the Owner's budget for the Project, including (l) 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 update the Owner's budget for the Project as necessary throughout the duration ofthe Project until final
completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner
shall notiff the Architect and Construction Manager. The Owner and the Architect, in consultation with the Construction
Manager, shall thereafter agree to a corresponding change in the Project's scope and quality.
S 5.3.1 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 Construction Manager to remove and replace previously installed rù/ork. 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.
$ 5.4 The Owner shall identiÛr 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 ofthe Architect's services. Architect understands and agrees that any
Additional Services, Change Orders, or material modifications to Basic Services will need to be approved by Owner's
City Council.
$ 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the
site of the Project, and a written legal description of the site. The surveys and legal information shall include, as
applicable, grades and lines ofstreets, 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 other 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.
$ 5.6 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations
ofsoil bearing values, percolation tests, evaluations ofhazardous materials, seismic evaluation, ground corrosion tests and
resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate
recommendations.
$ 5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1
(Paragraph deleted)
$ 5.9 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 the
Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility
of the Architect 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 and contractors maintain insurance, including professional liability inswance, as appropriate to
the services or work provided.
$ 5.10 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.
$ 5.11 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
AIA Document 8133" - 2019, Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documenls" are reg¡slered trademarks and may not be used without permiss¡on. This document was produced by AIA sofrware at .¡ 7
10:38:09 ET on 1210812020 under Order No.1714899430 which expires on O'111412021 , is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@a¡a.org.
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$ 5,12 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.
$ 5.13 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect
the Architect's seryices or professional responsibilities. The Owner shall promptly notifr the Architect of the substance of
any direct communications between the Owner and the Construction Manager otherwise relating to the Project.
Communications by and with the Architect's consultants shall be through the Architect.
$ 5.14 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the
Owner and the Construction Manager 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 Construction Manager, including the General
Conditions of the Contract for Construction.
$ 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall
obligate the Construction Manager to provide the Architect access to the \ù/ork wherever it is in preparation or progress.
$ 5.16 Within l5 days after receipt of a written request from the Architect, the Owner shall furnish the requested
information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights.
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 Construction Manager's general conditions costs,
overhead, and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated
to, or otherwise fumished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the
compensation of the Construction Manager for Preconstruction Phase services; the costs of the land, rights-of-way,
financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
$ 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information and shall be adjusted throughout
the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner's budget for the Cost of the Work represent
the Architect's judgment as a design professional.
$ 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, as an Additional Service, revisions to the
Drawings, Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness
in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. 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.
S 6,3.f If the Architect is providing cost estimating services as a Supplemental 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 together to reconcile the cost estimates.
S 6.4 It 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 Vy'ork, the Architect, in consultation with the Construction Manager,
shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the
\Vork, and the Owner shall cooperate with the Architect in making such adjustments.
$ 6.5 If the Construction Manager's 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 Vy'ork, the Owner shall
.l give written approval of an increase in the budget for the Cost of the Work;
,2 terminate in accordance with Section 9.5;
.3 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
AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The Amer¡can lnstitute of Architects. All rights reserved. The "Amencan lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used w¡lhout permission. This document was produced by AIA sofrware at ,l n'10:38:09 ET on 1210812020 under Order No.1714899430 which expires on 0111412021, is not for resale, is licensêd for one-time use only, and may only be used in
accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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Init.
Init.
.4 implement any other mutually acceptable altemative.
$ 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation, shall
incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the
Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section
6.5. I . The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility
under this Article 6.
$ 6.7 After 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 the Construction Manager's
subsequent cost estimates, the Guaranteed Maximum Price proposal, or Control Estimate that exceed the Owner's budget
for the Cost of the Work, except when the excess is due 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 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
transmitting parby is the copyright owner of such information or has permission from the copyright owner to transmit such
information for its use on the Project.
$ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments
of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved
rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements
or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved
rights of the Architect and the Architect's consultants.
$ 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and
exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner
substantially performs its obligations under this Agreement, including prompt payment of all sums due, pursuant to
Article 9 and Article I 1. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants
consistent with this Agreement. The license granted under this section permits the Owner to authorize the Construction
Manager, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner's consultants and separate çontractors,
to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section
1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully
terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate.
S 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service,
the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses.
The Owner, to the extent permitted by law, further agrees to indemniff and hold harmless the Architect and its consultants
from all costs and expenses, including the cost ofdefense, related to claims and causes ofaction asserted by any third
person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this
Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause
under Section 9.4.
$ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under
this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein
to another parly without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service
shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants.
$ 7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this
Agreement.
ARTICLE 8 CLAIMS AND DISPUTES
$ 8.1 General
S 8.f .1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or
related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding
dispute resolution method selected in this Agreement and within the period specified by applicable law. The Owner and
Architect waive all claims and causes of action not commenced in accordance with this Section 8. I . I .
AIA Document 8133" - 2019, Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AfA Contract Documents" are registered trademarks and may not be used without permission. Th¡s document was produced by AIA software at ,¡ q
10:38:09 ET on'1210812020 under Order No.1714899430 which expires on 0111412021, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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I
$ 8.1 ,2 To the extent damages within the Project aÍea are covered by property insurance, the Owner and Architect waive
all rights against each other and against the contractors, consultants, agents and employees of the other for damages,
except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A20l-2017, 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.
S 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 attomeys' 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 obligation to indemniff and hold the Owner and the Owner's offrcers and employees harmless does not
include a duty to defend. The Architect's duty to indemniff the Owner under this Section 8.1.3 shall be limited to the
insurance claim limits without regard to the amount available in the aggregate of the insurance coverage required by this
Agreement.
S 8.f .4 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question arising
out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages
due to either party's termination of this Agreement, except as specifically provided in Section 9.7.
$ 8.2 Mediation
$ 8,2,1 Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to
mediation. Mediation shall not be a condition precedent to the commencement of binding dispute resolution but shall be
carried out between the parties in good faith prior to the commencement of litigation discovery.
S 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 on the date of this Agreement..
A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person
or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other
appropriate demand for binding'dispute resolution but, in such event, mediation shall proceed in advance of binding
dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing,
unless stayed for a longer period by agreement ofthe parties or court order. Ifan arbifration proceeding is stayed pursuant
to this section, the parties may nonetheless proceed to the selection ofthe arbitrator(s) and agree upon a schedule for later
proceedings.
$ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
S 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.)
t I Arbitration pursuant to Section 8.3 of this Agreement
I X I Litigation in a court of competent jurisdiction
t I Other: (Specify)
If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to
a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competentjurisdiction.
I e"røgraphs deleted)
AIA Document 8133'- 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The "American lnst¡tute of Architects," "AlA,"
the AIA Logo, and "AlA Conlract Documents" are registered trademarks and may not be used wìthout permiss¡on. This document was produced by AIA software at
10:38:09 ET on 1210812O20 under Order No.'|714899430 which expires on 0111412021,ls not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documentso Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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20
s 8,3 NOT USED
$ 8.3.4 Consolidation or Joinder
S 8.3,4,f Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other
arbitration to which it is a party provided that (l) the arbitration agreement governing the other arbihation permits
consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the
arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
S 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common
question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party
sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall
not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.
S 8,3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
Section 8.3, whether by joinder or consolidation, the same rights ofjoinder and consolidation as the Owner and Architect
under this Agreement.
$ 8.4 The provisions of this Article 8 shall survive the termination of this Agreement.
ARTICLE 9 TERMINATION OR SUSPENSION
$ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for 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 Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the
intemrption 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 be compensated for expenses incurred in the intemrption and
resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be
equitably adjusted.
$ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect
the Architect may terminate this Agreement by giving not less than seven days' written notice.
$ 9.4 Either parf may terminate this Agreement upon not less than seven days' written notice should the other party fail
substantially to perform in accordance with the terms of this Agreement through no fault of the parby initiating the
termination.
$ 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 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this
Agreement pursuant to Section 9 .3, the Owner shall compensate the Architect for services performed prior to termination,
Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's
termination of consultant agreements.
$ 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience
pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the
Architect the following fees:
(Set forth below the ømount of any termination or licensing fee, or the method .for determining any termination or
licensing fee.)
I Termination Fee:
AIA Document 8133" - 2019. Copyright @ 20'14, and 2019 by The American lnstitute of Architects. All rights reserved. The "American lnstitute of Architects," "AfA,"
the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA sofrware at 2.¡10:38:09E'fon12lOBl2O20underOrderNo.l714899430whichexpireson01l'l4l212'l,isnotforresale,islicensedforone-timeuseonly,andmayonlybeusedin -'
accordance with thê AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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N/A
Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service
N/A
$ 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial
Completion.
$ 9.9 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 9.7.
S9.l0AllthesectionsinthisArticlearesubjecttothePromptPaymentoflocalGovernmentBills,Minn. Stat.54'11.425
("Prompt Payment Act").
ARTICLE 10 MISCELLANEOUS PROVISIONS
$ 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's
choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal
Arbitration Act shall govem Section 8.3.
$ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A20l-2017, General Conditions
of the Contract for Construction, except as modified in this Agreement. The term "Contractor" as used in A201-2017 shall
mean the Construction Manager.
$ 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, including any payments due to the Architect by the
Owner prior to the assignment.
$ 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 çause of action in favor of, a
third parfy against either the Owner or Architect.
$ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence,
handling, removal or disposal o{ or exposure ofpersons to, hazardous materials or toxic substances in any form at the
Project site.
$ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project
among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the
completed Project to make such representations. However, the Architect's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific
information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the
Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this
Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4.
(Paragraphs deleted)
$ 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If
it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that
provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement
AIA Document Bl33'- 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The "American Institute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA sofrware at 2210:38:09ETonl2l08l2020underOrderNo.1714899430whichexpireson0111412021,isnotforresale,islicensedforone-timeuseonly,andmayonlybeusedin --
accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@a¡a.org.
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shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing
the Agreement.
ARTICLE 11 COMPENSATION
$ ll.lFortheArchitect'sBasicServicesdescribedunderArticle3,theOwnershallcompensatetheArchitectasfollows:
Stipulated Sum
(Insert amount)
Based upon the construction cost listed in Section 1.1.3. Five-hundred-sixteen thousand and six-hundred and
seventy-two dollars ($5 1 6,720).
Percentage Basis: N/A
(Insert percentage value)
Other
(Describe the method of compensation)
$ l'l .2 For the Architect's Supplemental Services designated in Section 4.1 .l and, for any Susøinability Services required
pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation. If necessary, list speciJìc services to which particular methods of
compensation apply.)
Supplemental Services: $ 4.1.1.4 Measured drawings and $4.I.L5 Existing facility surveys - $7,000.
Supplemental Servics: S 4.1.1.27 Furniture, fumishings, and equipment design - $39,000.
All other Supplemental Services listed in $ 4.1.1 are included in the Architect's Basic Services.
$ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2,the
Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation.)
Hourly per Architect's 2021 rate schedule. Refer to Section I I .7 for rates.
$ ll.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in
Sections ll .2 or 11.3, shall be the amount invoiced to the Architect plus five percent (5 %), or as follows:
(Insert amount of, or basis for computing, Architect's consultants' compensation for Supplemental or Additional
Services.)
$ I1.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of
compensation for each phase of services shall be as follows:
1
.2
.3
.1
.2
.J
Schematic Design Phase
Design Development Phase
Construction Documents Phase
Bidding and Negotiation
Construction Phase
Fifteen
Twenty-five
Thirty-five
Five
Twenty
percent (
percent (
percent (
percent (
15
25
35
5
20
%)
%)
%)
%)
Total Basic Compensation one hundred percent ( 100 %)
The Owner acknowledges that with an accelerated Project delivery, multiple bid package process, or Construction
Manager as constructor project delivery method, the Architect may be providing its services in multiple Phases
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the A'A Logo, and "AlA Contract Documents" are registered trademarks and may not be used w¡thout permiss¡on. This document was produced by AIA sofrware at 2210:38:09ETon1210812120underOrderNo.1714899430whichexpiresonO1l14l2O21,isnotforresale,islicensedforone-timeuseonly,andmayonlybeusedin --
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simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each
Phase of Services, as appropriate.
$ I 1 .6 rWhen compensation identified in Section I I . I is on a percentage basis, progress payments for each phase of Basic
Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget
for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent
updates to the Owner's budget for thc Cost of the Work.
S f I .6.f When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not
constructed, compensation for those portions ofthe Project shall be payable to the extent services are performed on those
portions. 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 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 rates or insert them below.)
I See below
Employee or Category
Principal in Charge
Project Manager
Architectural / Engineering Technical Leader
Visualization
Senior Architect / Engineer
Architect / Engineer
Senior Interior Designer
Interior Designer
Pre-Professional
Architectural / Engineering Designer
Construction Administration Assistant
Administrative
Rate $ / hour)
$3s0
$210
$23s
$18s
$210
$1 80
$1ss
$12s
$l ls
$140
$11s
$110
$ 11.8 Compensation for Reimbursable Expenses
S 11 .8.f Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and
include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows:
.1 Transportation and authorized out-of-town travel and subsistence;
.2 Long distance services, dedicated data and communication services, teleconferences, Project web sites,
and extranets;
.3 Permitting and other fees required by authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, and standard form documents;
.5 Postage, handling, and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
.7 Renderings beyond those delineated in Section 4.1 , physical models, mock-ups, professional photography,
and presentation materials requested by the Owner or required for the Project;
.8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants'
expenses ofprofessional liability insurance dedicated exclusively to this Project, or the expense of
additional insurance coverage or limits in excess of that normally maintained by the Architect's
consultants;
.9 All taxes levied on professional services and on reimbursable expenses;
.10 Site office expenses;
.11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to
achieve the Sustainable Objective; and
.12 Other similarProject-related expenditures.
S 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's
consultants plus five percent ( 5 %) of the expenses incurred.
AIA Document 8133' - 2019. Copyright @ 2014, and 201 9 by The American lnstitute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used without perm:ssion. This document was produced by AIA software at
10:38:09 ET on 1210812020 under Order No.1714899430 which expires on O111412O21, is not for resale, is licensed for one-time use only, and may only be used in
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$ 1 1 .9 Architect's lnsurance. If the types and limits of coverage required in Section 2.6 are in addition to the types and
limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the
Architect for the additional coverages as set forth below:
(Insert the additional coverøges the Architect is required to obtain in order to satisfy the requirements setforth in Section
2.6, andforwhich the Owner shall reimburse the Architect.)
I Nre
S f 1.10 Payments to the Architect
S 11.10.1 lnitial Payments
S 11.10.1,1 An initial payment of zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's aççount in the final invoice.
(Paragraph deleted)
S 11,10.2 Progress Payments
S 11.10.2.1 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.)
4 Yo four
S 11.10.2.2 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.
S 1 1 .10.2.3 Records of Reimbwsable Expenses, expenses pertaining to Supplemental and Additional Services, and
services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.
ART¡CLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modiff this Agreement are as follows:
(Include other terms and conditions øpplicable to this Agreement.)
$ l2.l Limit of Liability. Neither the Architect, the Architect's consultants, nor their agents or employees shall be jointly,
severally or individually liable to the Owner in excess of the two million dollars ($2,000,000) by reason of any act or
omission, including breach of contract or negligence not amounting to a willful or intentional wrong.
12.2 Remodeling. Inasmuch as the remodeling and/or rehabilitation of an existing building or structure requires that
certain assumptions be made regarding existing conditions, and because some of these assumptions cannot be verified
without expending great sums of additional money, or destroying otherwise adequate or serviceable portions of the
building or structure, the Owner agrees that, except for negligence on the part of the Architect, Owner will release and
hold harmless the Architect for and against any and all claims, damages, and costs of defense arising out of such
professional services involving those assumptions.
12.3 Maintenance. The Owner agrees to release and hold the Architect harmless of any and all liability should the Owner
fail to adhere to any published maintenance schedule for any material or product that is a part of the Project.
$ 12.5 The Architect shall provide site observations on an average of two visits per month during the construction period
according to Article 4.2.3.
$ 12.6 The Owner agrees to pay the Architect for the preparation of all Change Orders and bid alternates for any work that
is in addition to and above and the construction budget noted in Article I .1, whether or not the additional construction
budget is from the Owner's project contingency or an increase construction budget monies based on five (5%) of the
construction value.
AIA Document Bl33'- 2019. Copyright O 2014, and 2019 by The American lnst¡tute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used w¡thout permission. This document was produced by AIA sofrware at
10:38:09 ET on 12lOBl2O20 under Order No.1714899430 which expires on O'll14l2Ù2'l, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents@ Terms of Service. To report copyright violat¡ons, e-mail copyright@aía.org.
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$ 12.1 If a Change Order or Construction Charige Directive is necessary due to an omission, oversight or other act caused
by the Architect or Engineer, the Architect or Engineer shall prepare drawings, specifications and other documents and
support data (including evaluating Contractor's proposals) and provide any other design services as may be required in
connection with the change in the work, at no cost to the Owner. The construction costs associated with such work is to be
deducted from the project contingency.
$ 12. 8 The Architect cannot provide certification regarding the presence or lack of presence of hazardous materials within
structure or the site.
$ 12.8 Record Keeping-Availability and Retention. Pursuant to Minnesota Statutes, Section 16C.05, subd. 5,
Architect agrees that the books, records, documents and accounting procedures and practices of Architect, that are
relevant to the Contract or transaction, are subject to examination by the Owner and the state auditor for a minimum of six
(6) years. Architect shall maintain such records for a minimum of six (6) years after final payment.
$ 12.9 Data Practices. Pursuant to Minnesota Statutes, Section 13.05, subd. I I , all of the data created, collected,
received, stored, used, maintained, or disseminated by Architect in performing this contract is subject to the requirements
of the Minnesota Govemment Data Practices Act ("MGDPA"), Minnesota Statutes Chapter 13, and Architect must
comply with those requirements as if it were a govemment entity. The remedies in Minnesota Statutes, Section 13.08
apply to Architect. Architect does not have a duty to provide access to public data to the public if the public data are
available from the Owner, except as required by the terms of this contract.
S 12.10 Non-Discrimination. Pursuant to Minnesota Statutes, Section I 8l .59, the Architect will take affirmative action
to ensure that applicants are selected, and that employees are treated during employment, without regard to their race,
color, creed, religion, national origin, sex, sexual orientation, marital status, status with regard to public assistance,
membership or activity in a local civil rights commission, disability or age. The Architect agrees to be bound by the
provisions of Minnesota Statutes, Section 181.59, that prohibits certain discriminatory practices and the terms of said
section are incorporated into this conhact.
$ 12.11 Prompt Payment of Local Government Bills, Minn. Stat. $ 471.425. All payments to the Architect shall be
govemed by the Prompt Payment of Local Government Bills, Minnesota Statutes, Section 471.425 ("Prompt Payment
Act"), provided, however, that the interest rate for payments due but unpaid shall be four percent (4.00%) per arinum.
S 12.12 Survivability. All covenants, indemnities, guarantees, releases, representations and warranties by any Party or
Parties, and any undischarged obligations of the Owner and the Architect arising prior to the expiration of this Contract
(whether by completion or earlier termination), shall survive such expiration.
$ 12.13 Independent Contractor Status. The Architect acknowledges that no withholding or deduction for State or
Federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due the Architect, and that it is the
Architect's sole obligation to comply with the applicable provisions of all Federal and State tax laws.
S 12.14 Compliance with Laws. The Architect shall abide by all Federal, State and local laws, statutes, ordinances, rules
and regulations now in effect or hereinafter adopted pertaining to this Contract or to the facilities, programs and staff for
which the Architect is responsible.
$ 12.15 No Waiver. Any Owner failure in any one or more instances to insist upon strict performance of any of the terms
and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment of that right or of Owner's right to assert or rely upon the terms and conditions of this Agreement. Any
express waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly
executed by Owner.
$ 12.21 Modifications/Amendment. Any alterations, variations, modifications, amendments, or waivers of the
provisions of this Agreement shall only be valid when they have been reduced to writing and signed by authorized
representative of the Owner and The Architect.
AIA Document 8133" - 2019, Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The "American lnstitute of Architects," "AlA,"
the AIA Logo, and "A¡A ContraÕt Documents" are registered trademarks and may not be used w¡thout permiss¡on. This document was produced by AIA sofrware at
10:38:09 Ef on 1210812020 under Order No.1714899430 which expires on 0111412O21, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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ARTTcLE 13 scoPE oÉ rxe AcREEMENT
$ 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 the Owner and Architect.
$ 13.2 This Agreement is comprised of the following documents identified below:
.1 AIA Document 8133ru-2019, Standard Form Agreement Between Owner and Architect, Construction
Manager as Constructor Edition
(Paragraphs deleted)
This Agreement entered into as of the day and year first written above
OWNER (Signature)ARCHITECT (Signature)
Cindy McCleary, AIA
Vice President, Managing Principal
(Printed nøme and title)(Printed name, title, and license number, if required)
AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Arch¡tects. All rights reserved. The "American lnslitute of Arch¡tects," "AlA,"
the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at
10:38:09 ET on 12108t2O20 under Order No.1714899430 which expires on 011'1412O21, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documentso Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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Additions and Deletions Report for
AIA' Document B13g^ - 2019
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added
to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original
AIA text. Added text is shown underlined. Deleted text is indicated w¡th a horizontal line through the original AIA text.
Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part
of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by
AIA software at 10:38:09 ET on 1210812020.
PAGE 1
AGREEMENT made as of the 15th day of December intheyear 2020
Citv of Lake Elmo
3880 Laverne Avenue North
Lake Elmo. MN 55042
LEO A DALY
730 2"d Avenue South. Suite 1300
Minneaoolis. MN 55402
Architecture and Eneineering Services for Public Facilities for
¡ Cilv Hall. Fire Department Facility. and lVashineion County Sherifls subst¿tion - Remodeline and Addition
at the existine Brookfield office buildine.
o Public Works Addition and Remodeling.
It is anticipated to be H&U Construction.
5555 V/est 78th Street. Suite A
Minneapolis. MN 55439
PAGE 2
The preliminarv fit plans developed in March of 2018 bv LEO A DALY will serve as the starting point for the
Owner's program as well as the related space study and recommendations prepared by BKV Group in 2017. The
program will be reviewed and revised as reouired as part of this proiect. The scale of the program is not anticipated to
increase or decrease substantiallv from the space requirements delineated in Exhibit A - Brookfield Office Buildine
Fit Stud)¡ or the BKV Facilities Stud]¡ related to City Hall / Fire Station qption located at the Brookfield site.
.1 City Hall. Fire Station. and Washington County Sherifls substation:
Shall be co-located at 3880 Laverne Ave. This includes an interior remodel of the Brookfield office building
and an addition of fire apparatus bays and council chambers. The design is likelv to include construction of
approximately 9.3 15 square feet for Citv Hall. 22"300 square feet for fire and public safetv. including 6
apparatus bays. The adjacent propertl¡ which the current City Council Chambers is located shall be
considered part ofthe site boundaries for this project.
Addltions and Deletions Report for AIA Document 8133" - 2019, Copyright@ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The
"American lnstitute of Architects," "AlA," the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used without permiss¡on. This
document was produced by AIA software at I 0:38:09 ET on 1210812O20 under Order No.1 71 4899430 which expires on 0111412021, is not for resale, is licensed for
oné-time use only, and may only be used in accordance with the AIA Contract Documents@ Te¡ms of Service. To report copyright violations, e-mail
copyright@aia.org.
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.2 Public Works:
Approximately 2.340 square foot addition of Public Works office space at the cunent Public Works facilitv
located at3445Ideal Ave North.
PAGE 3
Assumed construction cost of $8.832,000. The total project costs are unknown currently.
Design phase milestone dates, if any: Preliminary Schedule as follows
December 17. 2020 - December 31. 2021: Site Due Diligence / Existinq Buildins Verification
Januarv 4. 2020 - July 6. 2021: Desien (Schematic Desien through Construction Documents)
.fnlv 7- 2fi21 - Ã.t 17.202lz Biddins Phase
Auqust 18.2021
.3 Substantial Completion date or dates: Preliminary schedule as follows. To be verified by Construction
Manager.
June 8. 2022: Addition to Public Works
June 30. 2022: Additions to Brookfield office buildins
October 14. 2022: Remodeling of Brookfield office building
November 18. 2022: Proiect Closeout.
I LI AIA Document A1332019, Standard Form of Agreement Between Owner and Construction
Manageras€enstn*eter4!¡þþwhere the basis of payment is the Cost of the Work Plus a Fee with a
Guaranteed Maximum Price.
AIA Document A134-2019, Standard Form of Agreement Between Owner and Construction
Manager @here the basis of payment is the @
of work plus a fee without a Guaranteed Maximum Price.
The project delivery method is likelLto be Construction Manager at Risk. Currentl]¡ the project involves designing
and constructine around an existine tenant in the Brookfield office building. The tenant's lease exnires June 30. 2022.
It is assumed this will require a phased construction aporoach without the need for separate bid,/nrocurement packases.
N/A
ehieetive; the ewner and ¿\rehiteet shall eemplete and ineerperate ÂI¿\
is
is
ineerperated inte this ¡\greement; theervner and rtrehiteet shell ineerperate the eempleted 8234 2019 inte the
Süstftiaåbl€€bj€€+iv€'
Additions and Deletions Report for AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The
"Amer¡can lnstitute of Architects," "AlA," the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used without permissìon. This
document was produced by AIA software at 10:38:09 ET on 1210812O20 under Order No.1714899430 which expires on O111412O21, is not for resale, is licensed for
one-time use only, and may only be used in accordancð with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
Usêr Notes: (926183734)
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2
PAGE 4
Kristina Handt. City Administrator
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo. MN 55042
o whom. uoon Owner request. the Architect shall provide
submittals for review.,t,ti,l
Anticipated to be known on or around December l. 2020
TBD - LEO A DALY to provide the Owner an RFP to help the Owner solicit the procurement of a
surve)¡ at the Brookfield site and adjacent properties as well as at the existing Public Works site if
deemed necessarv.
TBD - LEO A DALY to provide the Owner an RFP to help the Owner solicit the procurement of a
geotechnical report at the Brookfield site as well as at the existing Public Works site if deemed
necessary.
Focus Ensineerine. Inc. For anv utilitv work leadins to the site propertv boundarv at the Brookfield site and
the Public Works site. if required.
IT Consultant Roseville IT
Todd LaVold. Proiect Manaeer
LEO A DALY
730 2"d Avenue South. Suite 1300
Minneapolis. MN 55402
PAGE 5
Meyer Borgman Johnson5l0 Marquette Avenue South. Suite 900
Minneapolis. MN 55402
.2 Mechanical Engineer: LEO A DALY
3---+l€€+ri€afEngin€€fi
Add¡tions and Deletlons Report for AIA Þocument 8133- - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All r¡ghts reserved. The
"American lnst¡tute of Arch¡tects," "AlA," the AIA Logo, and "AlA Contract Documents" are registered lrademarks and may not be used without perm¡ss¡on. This
document was produced by AIA sofllvare at I 0:38:09 ET on 121O812020 under Order No.1 714899430 which expires on 0111412021, is not for resale, is licensed for
one-time use only, and may only be usêd in accordancô with the AIA Contract Documents@ Terms of Service. To rèport copyr.ight violations, ê-mail
copyright@a¡a.org.
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.3 Electrical Eneineer: LEO A DALY
.l Landscape Architect:
Hoisington Koegler Group. Inc
123 North Third Street Suite 100
Minneapolis. MN 55401
N/A
$ 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other
information or documentation in digital form. The perties will use '\IÀ Deeument E203rM 2el3; Building
@
g€v€mi
ferth in
^I^
De€urnent E20
AI^ Ðeeument G202rM 2 ing
te; the bnilding infermatien medel; and eaeh ef their egents and ernpleyees,
PAGE 6
S 2.6.1 Commercial General Liability with policy limits of not less than three-million dollars ($ $3.000.000 ) for
each occurrence and three-million dollars ($ 3.000.000 ) in the aggregate for bodily injury and properfy damage.
$ 2,6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy
limits of not less than five-hundred thousand dollars ($ 500.000 ) per accident for bodily injury, death of any person,
and properfy damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other
statutorily required automobile coverage.
s2.6.5Employers,Liabilityìvithpo1icy1imitsnotlessthan
hundred thousand dollars ($ 500.000 ) each accident. and five hundred thousand dollars ($ 500.000 ) policy limit.
S 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional
services, with policy limits of not less than two million dollars ($ 2.000.000 ) per claim and two million dollars ($
2.000.000 ) in the aggregate. See attached Certificate of Liability Insurance.
S 2.6,7 Additional lnsured Obligations, To the fullest extent permitted by law, the Architect shall cause the primary and
€x€€ss..€Funbr€tlÈpolices for Commercial General Liability and Automobile Liability to include the Owner as an
additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional
insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to
both ongoing and completed operations. Umbrella policies. if any. shall follow form of the underlyine policies.
Additions and Dêletions Report for AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The
"American lnstitute of Architects," "AlA," the AIA Logo, and "AlA Contraôt Documents" are registered trademarks ãnd may not be used without perm¡ssion. This
document was produced by AIA software at 1 0:38:09 EI on 1210812020 under Order No.1 714899430 which expires on O111412O21, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, ê-mail
copyright@aia.org.
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S 3.1.3 As soon as practicable after the date of this Agreement, and if requested by Owner or otherwise required
herein. the Architect shall submit, for the Construction Manager's review and the Owner's approval, a schedule for the
performance of the Architect's seryices. The schedule shall include design phase milestone dates, as well as the
anticipated dates for the conìmencement of construction and for Substantial Completion of the Work as set forth in the
Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the
Construction Manager's review, for the performance of the Construction Manager's Preconstruction Phase services,
for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction
over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable
cause, be exceeded by the Architect or Owner. With the Owner's approval, thc Architect shall adjust the schedule, if
necessary, as the Project proceeds until the cornmencement of construction.
I 3.1.3.1 The Owner agrees that the Architect is not responsible for damaees arising from any circumstances beyond
the Architect's reasonable control. For Ermoses of this Asreement. such causes include. but are not limited to. strikes
or other labor disputes: severe weather disruptions. natural disasters. fire or other acts of God: riots. war or other
emergencies: failure of an)¡ governmental agencv to act in timely manner: failure of performance by the Owner or the
Owner's other designers. contractor. or any oftheir subcontractors: or discovery ofany hazardous substances or
differing and unforeseeable site conditions. Notwithstandins the foreeoing. time is of the essence to the Owner for the
completion of each phase of the Architect's services. The Architect shall timely inform the Owner if the Architect has
reason to believe that its frnal plans and specifications completion date will be delayed foi any reason.
PAGE 7
S 3.f .6 The Architect shall, in coordination with the Construction Manager, contact govemmental authorities required
to approve the Construction ocuments. The
Architect shall respond to applicable design requirements imposed by those authorities and entities.
PAGE 8
$ 3.3.7 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 and request the Owner's
approval of the Schematic Design Documents. If revisions 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.
PAGE 9
S 3.5.5 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 6å¡6.'1 and request the Owner's approval
of the Construction Documents.
s3.6.2.1TheArchitectsha11visitthesiteasetåenvise-required
in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed, and
to determine, in general, if the \Vork observed is being performed in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make
exhaustiveorcontinuouson-site@ocheckthequalityorquantityoftheWork.onthebasisof
the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of
the Work completed, and promptly report to the Owner (l) known deviations from the Contract Documents, (2)
known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects
and deficiencies observed in the Work-
$ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever
the Architect considers it necessary or advisable, the Architect shall have the authority to require ¡nspeetien
observations or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the
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 ofthe Architect
Additions and Deletions Report for AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnst¡tute of Architects. All rights reserved. The
"American institute of Architects," "AlA," the AIA:-ogo, and "AlA Contract Documents" are registered tracjemarks and may not be used without permiss¡on. This
documênt was produced by AIA software at l0:38:09 ET on 1210812020 under Order No.1714899430 which expires on 0111412021, is not for resale, is licensed for
one-lime use only, and may only be used ¡n accordance with the AIA Contract Documentso Terms of Service. To r€port copyright violations, e-mail
copyright@aia.org.
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to the Construction Manager, Subcontractors, suppliers, their agents or employees, or other persons or entities
performing portions of the Work.
PAGE 1(l
$ 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 both Owner and Construction Manager,
shall not show partiality to either, and shall not be liable for results ofinterpretations or decisions rendered in good
faith. The Architect's decisions on matters relating to aesthetic effect shall be fïnal if consistcnt with the intent
expressed in the Contract Documents. The Architect shall not be liable to the Owner or the Construction Manager for
decisions regardins purelv aesthetic intemretations rendered in eood faith.
S 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (l) made
exhaustiveorcontinuouson-site@ocheckthequalityorquantityoftheWork,(2)reviewed
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right
to payment, or (4) ascertained how or for what purpose the Construction Manager has used money previously paid on
account of the Contract Sum.
S 3.6.4,2 The Architect shall review,and appreie;ertake ethe+appropriate action upon, the Construction Manager'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 Construction
Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or construction
means, methods, techniques, sequences or procedures. The Architect's apprev+l-review of a specific item shall not
indicate approval of an assembly of which the item is a component. The Architect's review shall not constitute
approval of a deviation from the requirements of the Contract Documents unless the Contractor has specifically
informed the Architect in writing of such deviation at the time of submittal and the Architect has eiven written
acknowledeement of the specific deviation.
PAGE II
conducti@odeterminethedateordatesofSubstantialCompletionandthedate
of final eenaple+ien,çqgplgji on
.4 issue a final Certificate for Payment based upon a final inspeetie*gbservallsn indicating that, to the
best of the Architect's knowledge, information, and belief, the \ù/ork complies with the requirements of
the Contract Documents.
$ 3.6.6.2.1 The Architect will conduct (1) punchlist of each building. and (l) substantial comoletion observation of
the work of each building. If additional punch list observations or on-site reviews for compliance of punchJist of
project completion are requested by the CM or Owner. the Architect may charge houdy services for all additional
observations. includine the costs of architects time for travel. milease and incidentals.
PAGE 13
Additions and Deletions Report for AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The
"American f nstitute of Architects," "AlA," lhe AIA Logo, and "AlA Contract Documents" are registered t¡ademarks and may not be used without permission. This
document was produced by AIA software at 10:38:09 EI on 1210812020 under Order No.1714899430 which expires on 0111412021, is not for resale, is licensed for
one-time use only, and may only be used in accordance w¡th the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
User l{otes: (926183734)
6
S 4,1.1,1 Assistance with Selection of Construction Manaqer Not provided
S 4.1.1.2 Prosrammins Architect
S 4.1.1.3 Multiple Preliminary Desisns Architect
S 4.1.1.4 Measured drawinqs Architect
$ 4.1.1 .5 Existing facilities surveys Architect
ç 4.1.1 .6 Site evaluation and olannins Architect
$ 4,1.1,7 Buildine Information Model management responsibilities Architect
S 4.1.f .8 Development of Building Information Models for post
construction use
Not provided
S 4.1.1.9 Civil ensineerins Architect
S 4.1.1.10 Landscaoe desisn Architect
$ 4.1.1 .11 Architectural interior desisn Architect
6 4.1.1,12 Value analvsis Architect
S 4.1.1.13 Cost estimatins Not provided
S 4.1.1.14 On-site proiect representation Not provided
S 4.1 .1 .15 Conformed documents for construction Architect
S 4.1 .1 .16 As-desisned record drawinss Not provided
S 4.1 .l ,17 As-constructed record drawings Not provided
S 4,1.1,18 Post-occupancy evaluation Not provided
ç 4,1,1.19 Facilitv sunDort services Not provided
$ 4.1.1.20 Tenant-related services Not provided
I 4.1.1.21 Architect's coordination of the Owner's consultants Architect
ç 4.1.1,22 Telecommunications/data desien Owner
I 4.1 .1.23 Securitv evaluation and olannins Architect
S 4.1.1.24 Commissionins Not orovided
I 4.1,1.25 Sustainable Proiect Services oursuant to Section 4. I .3 Not provided
S 4.1.1.26 Historic preservation Not orovided
$ 4.1.1 .27 Furniture, furnishings, and equipment desisn Architect
Q 4.1.1.28 A/VDesien Owner
I 4,1.1.29 Communifv Ensaeement Architect
$ 4,1,1 ,20 ether Supplemental ServieesQ 4.1 .1.30 Renderines and
Presentations
Architect
S 4.1.1.34 Surveillance 0wner
PAGE 14
.1 Proerammine: The oreliminarv fit plans develooed in March of 2018 by LEO A DALY will serve as the
starting point for the Owner's program as well as the related space stud)¡ and recommendations prenared b]¡ BKV
Group in 2017. The program will be reviewed and revised as required.
.2 Multiple Preliminary Designs: The Architect will provide up to three (3) preliminary design ootions for the
Work located at the Brookfield site and up to three (3) oreliminary options for the V/ork located at the Public
Works site.
.3 Measured drawings: The Architect will review Owner provided drawings of the existing Brookfield and
Public Works building. prepare REVIT models based upon these drawings. and verifu the existing conditions
Additions and Deletions Report for AIA Document 8133" - 2019. Copyright @ 20'14, and 2019 by The American lnstitute of Architects. All rights reserved. The
"American lnstitute of Architects," "AlA," the AIA Logo, and "AlA Contract Documenls" are registered trademarks and may not be used without perm¡ssion. This
docum€nt was produced by AIA software at 1 0:38:09 Êf on 12lOBl2O20 under Order No.1 714899430 which expires on 0111412021, is not for resale, is licensed for
one-t¡me use only, and may only be used in accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
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7
aeainst the model as required. Verification shall include structural columns and grids" bearing and shear
walls. major floor openinss and stair locations. and major wall and architectural features. Mechanical and
Electrical system locations within the Brookfield buildine are not included in this Suoplemental Service as
these s]¡stems are anticipated to be demolished as part of the Project. This Suoplemental Service does not
include field measurements of individual structural components should this information not be available to
the Architect via existins drawings.
.4 Existing facilities surveys: The basis for this Supplemental Service shall be Measured drawines. The
Architect. upon comoletion of the Measured drawine. will review the existins condition of the Brookfield
building and the Public Works building. The Architect will provide a summary of the conditions of each
major component ofthe building including site. envelope. architectural features/finishes. conveying s)¡stems"
mechanical" and electrical systems.
.6 Civil Engineerin$ Limited to site boundaries at Brookfield site and Public Works site.
7 f .andsnnne Desion' Limited tn fhe Flronkfield cite rnrl fhe Prhlic Wnrlrs cife
.8 Architectural Interior Desien: Limited to the Brookfield buildine and any additions as well as any addition or
arêas directlv remodeled within the Public V/orks buildins.
.9: Value Analysis: Limited to responsibilities listed in Article 6.4.
.10: Conformed documents for construction: Limited to Construction Documents modified to include an)¡
addenda issued durine the biddine process and accepted alternates.
.1 I Architect's coordination of the Owner's consultants: Limited to coordination with the City of Lake Elmo's IT
consultant. Roseville IT. Roseville IT shall provide design guidance for the Architect to provide conduit and
rough ins for structured cabling. voice. and data communícations.
.12 Security evaluation and plannine: Architect will provide best practice planning for public works. city hall.
fire station. andpolice station desien.
.13 Fumiture. furnishines. and equipment design: The Architect will orovide design and specifications for a
separate fumiture bid oackaee for public bidding or for procurement through State of Minnesota furniture
contracts. Specialized Fire Department or Public Works equipment specifications shall be provided by the
Architect or the Owner and determined on a case bv case scenario.
.14 Communitv Engagement: Limited to two (2) in person or virtual open houses and / or one (1) online surve)¡.
. 15 Renderings and Presentations: Public presentations limited to three (3) Citv Council Meetines. Presentation
renderinss limited to three (3) Schematic Desien renderinss (S)ne exterior renderine at the Brookfield site.
one interior rendering at the Brookfield site. and one exterior rendering at the Public \Vorks site. or an)¡
combination of three renderings). These renderings and the scope of this Supplemental Service is limited to
updating the Schematic Design renderines during the Design Development phase.
. 16 Fire Protection: Architect to provide diaerammatic drawines and specifications to allow Design/Build fire
protection contractors to bid this Proiect.
.17 Life Safety. Mass Notification. and Fire Detection and Alarm: Architect will incorporate life safetv" mass
notification. and fire detection and alarm drawings and specifications into the Construction Documents.
.18 Access Control: Architect will incorporate access control drawings and specifications. associated door
hardware specifications. and low voltage drawings and soeciflrcations to allow for the access control s.'¿stem
to be publicly bid.
PAGE I5
Additions and Deletíons Report for AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The
"American lnstitute of Arch¡tects," "AlA," the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used without permìssion. This
documênt was produced by AIA software at 1 0:38:09 ET on 121OA12020 under Order No.l 714899430 which expires on 0111412021, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documentso Terms of Service. To report copyright violations, e-mail
copyr¡ght@aia.org.
User Notes: (926f83734)
I
.1 Telecommunications/data desien: Design and documentation provided bv the CiW of Lake Elmo's IT
consultant. Roseville IT.
.2 A/V Design; It is anticipated that the Citv will procure AA/ svstem design and eouipment. Leo A Daly will
coordinate locations and eouipment for the system specified and provided b]¡ others. Pathwa]¡s will be
orovided by LEO A DALY as directed by others.
.3 Surveillance: It is anticipated that the Citv will procure security system design and equipment. inteerated
throush their IT provider. Leo A Dal.'/ will coordinate locations and equiErent for the system soecified and
provided b]¡ others. Pathways will be provided bv LEO A DALY as directed by others.
@stainabteebjeetfu
rs+r€+ide*i+See{ie*JJ*
.5 Services 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 or the Owner's consultants or
een*raeterqcontracllors
.6 Preparing digital mede*s-:mo1þþor other design documentation for transmission to the Owner's
consultants and contractors, or to other Owner- authorized reeip¡e*r, reclp!çglL
.7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner
or Construction Manager.,IV[4¡4p¡.
.8 Preparation for, and attendance at, a public presentation, meeting or heari+g:,hearine in €xcess of ú
outlined in $ 4. 1 .2. 1 .15
PAGE 16
11
12
Assistance to the Initial Decision Maker, if other than the ¡reniøeqArcnrucl
Services necessitated by replacement of thc Construction Manager or conversion of the Construction
Manager as constructor project delivery method to an alternative project delivery me+ls+,¡q9Íhoc!.
Services necessitated by the Owner's delay in engaging the Construction lv{anager,lv!4q4gq13
.1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the
Construction Manager
.2 Twenty ( 20 ) visits to the site by the Architect during construction
,3 Two ( 2 ) inspections for any portion of the V/ork to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
.4 two ( 2-) inspections for any portion of the Work to determine final completion
S 4.2,5 If the services covered by this Agreement have not been completed within twent!'-four ( 24 ) months of the
date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall
be compensated as Additional Services.
PAGE 17
$ 5.4 The Owner shall identiff 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 seryices. Architect understands and asrees that any
Additional Services. Change Orders. or material modifications to Basic Services will need to be approved bv Owner's
Cilv Council.
Additions and Deletions Report for AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The
"American lnstitute of Architects," "AlA," the AIA Logo, and "AlA Contract Documents" are registered lrademarks and may not be used without perm¡ssion. This
document was produced by AIA software at I 0:38:09 ET on 1210812020 under Order No.1 714899430 wh¡ch expires on 0111412021, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, ê-mail
copyright@aia.org.
User Notes: (926183734)
I
in
^M,
Be€Bment E23'ír
@
PAGE 18
$6.2Theowner,SbudgetfortheCostofthe\ù/orkisprovidedintheInitial@andshallbe
adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner's budget for the Cost
of the Work represent the Architect's judgment as a design professional.
PAGE I9
S 8.1 .1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or
related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding
dispute resolution method selected in this Agreement and within the period specified by applicable la¡rrtut¡æny
eese net mere than l0 years efter the drte eÊSub'tantialeernpletien ef the Werk, law. The Owner and Architect waive
all claims and causes of action not commenced in accordance with this Section 8.1.1.
S 8.f .2 To the extent damages within the Proiect area are covered by property insurance, the Owner and Architect
waive all rights against each other and against the contractors, consultants, agents and employees of the other for
damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document
A20l-2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall
require of the Construction Manager, contractors, consultants, agents and employees of any of them, similar waivers
in favor of the other parties enumerated herein.
S 8.1.3 The Architect shall indemniff and hold the Owner and the Owner's officers and employees harmless from and
against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and
expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of
the Architect, its employees and its consultants in the performance of professional services under this Agreement. The
Architect's obligation to indemni$ and hold the Owner and the Owner's officers and employees harmless does not
include a duty to defend. The Architect's duty to indemniff the Owner under this Se ction 8.1 .3 shall be limited to the
ofthe insurance
coverage required by this Agreement.
PAGE 20
S 8,2.1 Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to
i€n
mediation.
Mediation shall not be a condition orecedent to the commencement of binding dispute resolution but shall be carried
out between the parties in eood faith prior to the commencement of litigation discovery.
S 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 on the date of this
@requestformediationshallbemadeinwriting,deliveredtotheotherpartytothis
Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently
with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation
shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a
period of60 days from the date offiling, unless stayed for a longerperiod by agreement ofthe parties or court order. If
an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection ofthe
arbitrator(s) and agree upon a schedule for later proceedings.
Addltions and Deletions Report for AIA Document 8133" - 2019. Copyright O 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The
"American lnstitute of Architects," "AlA," the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used without permission. This ln
document was produced by AIA software at 1 0:38:09 ET on 12lOBl2O20 under Order No.1 714899430 which expires on 0111412021, is not for resale, is licensed for
one-time use only, and may only be used ¡n accordance with the AIA Contract Documentso Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
User Notes: (926183734)
tXJ Litigation in a court of competent jurisdiction
$+.1-l*i*atien
S 8-3-1 If the partie
elaim; dispute er ether matter in questien arising eut ef er relateéte this ¡\greement suhieet te; bnt net reselved by;
is
^greementr
ênd {¡le ion"
ade ne earlier than eeneurrently with the {iling ef a request fer mediatien;
i€ns
purpos€Êt+e€ei
i€n,
$ 8-3,3 The award rend ent may be entered up
Q 8.3 NOT USED
PAGE 22
N/A
$ 9.10 All the sections in this Article are subject to the Prompt Payment of Local Government Bills. Minn. Stat. 0
471.425 ("Prompt Payment Act").
$40J'ffiÈre€eiving parry may dise
the ether party; rvhen required by law; arbitrater's erder; er eeurt erder; ineluding asubpeena er ether ferm ef
eempulsery legal preeess issued by a eewt er geverrsrental entitÉ er tetåe extent sueh infematien is reasenably
neeessary fer ttìe reee
fer the Prqieet; previdedtheee empleyees; eensultants and eentraeters are suÞieet te the resËrietiens en the diseleswe
Addit¡ons and Deletions Report for AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnst¡tute of Architects. All rights reserved. The
"American lnstitute of Architects," "AlA," the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used without permiss¡on. This ,ll
document was produced by AIA software at I 0:38:09 ÊT on 12|OBI2O20 under Order No.1 714899430 which expires on 0111412021, is not for resale, is licensed for
one-t¡me use only, and may only be used in accordance w¡th the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
User Notes: (926183734)
N/A
PAGE 23
Based upon the construction cost listed in Section 1.1.3. Five-hundred-sixteen thousand and six-hundred
and seventv-two dollars ($51 6.7201.
.2 Percentage ÐasisBasis: N/A
( ) 9á ef the ewner's budget fer the êest ef the Werk; es ealeuleted in aeeerdanee with Seetien 11,6,
Sunnlemenf¡lSen¡ices'E4l l4Meesrrterl¡lrawinsccndE4 1 l5F.xisfinofqeilìtvsìrruevs-*7OOO
.2 Supplemental Service: $ 4.1,1.27 Furniture. furnishings. and equipment design - $39.000.
All nther Srrnnlemenfal Seruieec l'isted in E 4 1 1 nre inchrrlerl in the Architenf'c Rncic Seruinec
Hourly per Architect's 2021 rate schedule. Refer to Section 1 1.7 for rates.
$ 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in
Sections ll.2 or I 1.3, shall be the amount invoiced to the Architect plus five percent ( 5 %), or as follows:
Schematic Design Phase
Design Development Phase
Construction Documents Phase
Biddine and Neeotiation
Construction Phase
PAGE 24
See below.
Fifteen
Twenty-five
Thirty-five
Five
Twenty
percent (
percent (
percent (
perceni (
o//oî//o
o//o
%)
l5
25
35
5
20
)
)
Employee or Category
Principal in Charee
Proiect Manaeer
Architectural / Engineering Technical Leader
Visualization
Senior Architect / Engineer
Architect / Eneineer
Senior Interior Desisner
Interior Desiener
Pre-Professional
Architectural / Engineering Designer
Construction Administration Assistant
Administrative
Rate{$&00}$Jþul
s350
$2 l0
$23s
$18s
$210
$180
$1ss
sl25
$l 15
$140
$lls
$110
hysical models, mock-ups,
professional photography, and presentation materials requested by the Owner or required for the
Project;
Additions and Deleiions Report for AIA Document 8133- - 2019. Copyrighl@ 2014, and 2019 by The American lnstitute of Arch¡tects. All rights reserved. The
"American Institute of Architects," "AlA," the AIA Logo, and "AlA Contract Documents" are registered trademarks and may no1 be used without permission. This
document was produced by AIA software at l0:38:09 ÊT on 121O812020 under Order No.1714899430 which expires on 0111412021, is not for resale, is licensed for
one-time use only, and may only be used in accordance w¡th the AIA Contract Documentso Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
User Notes: (926183734)
7
12
S I f .8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus five percent ( 5 %) of the expenses incurred.
PAGE 25
N/A
S 11.10.1.1 An initial payment of zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's account in the frnal invoice.
ing
^Btheriry
and neeess if€
^r¡therity
shall be €redit
S 11.10.2.1 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 thereofat the legal rate
prevailing from time to time at the principal place of business of the Architect.
4 Yo fow
6 12.1 Limit of Liabilitv. Neither the Architect. the Architect's consultants. nor their aeents or employees shall be
iointly. severallv or individually liable to the Owner in excess of the two million dollars ($2.000.000) b)¡ reason of any
act or omission. includins breach of contract or neslisence not amounting to a willfirl or intentional wrong.
12.2 Remodeling. lnasmuch as the remodeling and/or rehabilitation of an existing building or structure requires that
certain assumptions be made regarding existing conditions. and because some of these assumptions cannot be verified
without expending great sums of additional mone)¡. or destrol¡ing otherwise adequate or serviceable portions of the
buildinq or structure. the Owner aerees that. except for neelisence on the part of the Architect. Owner will release and
hold harmless the Architect for and against any and all claims. damages. and costs of defense arising out of such
professional services involving those assumptions.
12.3 Maintenance. The Owner agrees to release and hold the Architect harmless of any and all liability should the
Owner fail to adhere to any published maintenance schedule for any material or product that is a part of the Project.
$ 12.5 The Architect shall provide site observations on an average of two visits per month durine the construction
period accordins to Article 4.2.3.
ö 12.6 The Owner asrees to pay the Architect for the orenaration of all Change Orders and bid alternates for any work
that is in addition to and above and the construction budget noted in Article 1. l. whether or not the additional
conskuction budget is from the Owner's project continsencv or an increase construction budset monies based on five
(5oá) of the construction value.
ö 12.7 If a Change Order or Construction Change Directive is necessary due to an omission" oversight or other act
caused by the Architect or Eneineer. the Architect or Engineer shall prepare drawinss. sEcifications and other
documents and support data (including evaluatins Contractor's proposals) and orovide any other desisn services as
may be required in connection with the change in the work. at no cost to the Owner. The construction costs associated
with such work is to be deducted from the project contingenc)¡.
ö 12. 8 The Architect cannot orovide certification regarding the oresence or lack ofpresoncç ofhazardous materials
within strucfure or the site.
Additions and Deletions Report for AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnst¡tute of Architects. All rights reserved. The
"American lnstitute of Architects," "A¡A," the AIA Logo, and "AlA Contraôt Documents" are reg¡stered lrademarks and may not be used without perm¡ss¡on. This
document was produced by AIA software at '10:38:09 ET on 1210812020 under Order No.1714899430 which expires on 0111412021, ¡s not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
User Notes: (926183734)
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Q 12.8 Record Keenins-Availability and Retention. Pursuant to Minnesota Statutes. Section 16C.05. subd. 5.
Architect asrees that the books. records. documents and accountins procedures and practices ofArchitect. that are
relevant to the Contract or hansaction. are subject to examination b]¡ the Owner and the state auditor for a minimum of
six (6) years. Architect shall maintain such records for a minimum of six (6) ]¡ears after final oayment.
$ 12.9 Data Practices. Pursuant to Minnesota Statutes. Section 13.05. subd. 11. all of the data created. collected.
received. stored. used. maintained. or disseminated by Architect in performine this contract is subject to the
requirements of the Minnesota Govemment Data Practices Act ("MGDPA"). Minnesota Statutes Chapter 13. and
Architect must comoly with those requirements as if it were a government entity. The remedies in Minnesota Statutes.
Section 13.08 apply to Architect. Architect does not have a duty to provide access to public data to the public if the
public data are available from the Owner. except as required by the terms of this contract.
$ 12.10 Non-Discrimination. Pursuant to Minnesota Statutes. Section 181.59. the Architect will take affimative
action to ensure that applicants are selected. and that emplo),¡ees are treated durine employment. without regard to their
race. color. creed. relision. national origin. sex. sexual orientation. marital status. status with regard to oublic
assistance. membership or activitv in a local civil rights commission. disability or age. The Architect agrees to be
bound by the provisions of Minnesota Statutes. Section 1 8 I .59. that prohibits certain discriminatory practices and the
terms of said section are incomorated into this contract.
I 12.11 Prompt Pavment of Local Government Bills. Minn. Stat. S 471.425. All pavments to the Architect shall be
governed by the Prompt Payment of Local Government Bills. Minnesota Statutes. Section 471.425 ("Prompt Pavment
Act"). provided. however. that the interest rate for payments due but unpaid shall be four percent 14.00olo) per annum.
$ 12.12 Survivability. All covenants. indemnities. guarantees. releases" representations and warranties by any Partv
or Parties. and any undischarged obligations of the Owner and the Architect arisins prior to the expiration of this
Contract (.whether by completion or earlier termination). shall survive such exoiration.
I 12.13 Indenendent Contractor Status. The Architect acknowledees that no wit¡holding or deduction for State or
Federal income taxes. FICA. FUTA" or otherwise. will be made from the nayments due the Architect. and that it is the
Architect's sole oblieation to complv with the applicable provisions of all Federal and State tax laws.
$ 12.14 Compliance with Laws. The Architect shall abide b]¡ all Federal. State and local laws. statutes. ordinances.
rules and re$¡lations now in effect or hereinafter adopted pertåining to this Contract or to the facilities. programs and
staff for which the Architect is responsible.
S 12.15 No Waiver. Any Owner failure in anv one or more instances to insist upon strict performance of any of the
terms and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment of that right or of Owner's right to assert or rely upon the terms and conditions of this Agreement. Any
express waiver of a term of this Agreement shall not be binding and effective unless made in writine and properly
executed by Owner.
$ 12.21 Modifications/Amendment. Any alterations. variations. modifications. amendments. or waivers of the
provisions of this Agreement shall onlv be valid when they have been reduced to writine and signed by authorized
representative of the Owner and The Architect.
PAGE 27
,2 z\I¿\ Ðeenment E203rM 2013; Br¡ilding Infermatien Medeling and Digital Data ExhibiÇdated as
(Insert the date ef the 8203 2013 ineerperated inte this agreement)
J----Æxhibi¿e,
(elrcele the øpprepriate bexfer ar,t^ e¡ehibits ineerperated inte thß,4gt eement)
Additions and Deletions Report for AIA Document 8133" - 20'19. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The
"American lnstitule of Architects," "AlA," the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used without perm¡ss¡on. This
document was produced by AIA soft^/arê at 10:38:09 ET on 1210812020 under Order No.1714899430 which expires on 0111412021, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documentso Terms of Service. To report copyright violat¡ons, e-mail
copyright@aia.org.
User Notes: (926183734)
14
I I ÂIÂ Deenrnent 823'1rM 2019; Susta:nable Prqjeets Exhibit; CenÉtruetien Manaêer as
(Insert the date ef tlrc 823 I 2019 ineerperaled inte this agreement)
FI
(Clearb iCentiþ atry ether eeh'bits 'neerperated il*e tkie ,kreement ineluding any
.4----€therd€€{¡#€atü-
(L'# ether deeuntents; d ant; fermi¡E parî el the,4greement)
Cindy McCleary. AIA
Vice President. Manaeine Princioal
Addlt¡ons and Deletions Report for AIA Document 8133" - 2019. Copyright @ 2014, and 2019 by The American lnstitute of Architects. All rights reserved. The
"Amerìcan lnst¡tute of Arch¡tects," "AlA," the AIA Logo, and "AlA Contract Documents" are registered trademarks and may not be used w¡thout permission. This { E
document was produced by AIA softì rare at 10:38:09 ET on 12lOBl2O20 under Order No.1 714899430 which expires on 0111412021, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
User Notes: (926183734)
Certification of Document's Authenticity
AIA@ Document D401tM - 2003
I, , hereby certiff, to the best of my knowledge, information and belief, that I created the attached final document
simultaneously with its associated Additions and Deletions Report and this certification at l0:38:09 ET on 1210812020
under Order No. 1714899430 from AIA Contract Documents software and that in preparing the attached final
document I made no changes to the original text of AIA@ Document Bl33rM -2019, St¿ndard Form of Agreement
Between Owner and Architect, Construction Manager as Constructor Edition, as published by the AIA in its software,
other than those additions and deletions shown in the associated Additions and Deletions Report.
(Signed)
(Title)
(Dated)
Al,A Document D40l il - 2003, Copyright @ 1992 and 2003 by The American lnst¡tute of Architects. All rights reserved. The "American lnst¡tute of Architects,"
"AlA," the AIA Logo, and "AlA Contract Documents" are regislered trademarks and may not be used without permission. This documentwas produced byAlA
software at 10:38:09 EI on 1210812020 under Order No.1714899430 which expires on 01 11412021, is not for resale, ¡s licensed for one-time use only, and may only
be used in accordance w¡th the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@aia.org.
User Notes: (926183734)
1