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Home My WebLink About2015-07-20-Resolutions 15-237_410 6th St Exterior Wall Improvements - Architect AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 15-237 APPROVING ARCHITECTURAL AGREEMENT WITH DESIGN ALLIANCE,INC. [410 6 STREET EXTERIOR IMPROVEMENTS] JN THE NAMEANDBYTHEAUTHORITYOF THE CITYOF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,City staff has identified certain exterior deficiencies with the south wall parapet at the property at 410 6'"Street,currently being leased from the City by the American Legion, Waukee Post ¹737;AND, WHEREAS,City staff recommends retaining the services of Design Alliance,Inc.,of Waukee, IA,for specific services related to the project,the agreement for said services being attached hereto as Exhibit A; NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in session this 20'"day of July,2015,that it hereby approves the Architectural Agreement with Design Alliance,Inc.[410 6 Street Exterior Improvements]. Attest: Rick Peterson,Mayor Pro Tem Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X NAY ABSENT ABSTAIN SHIA Document B104'"-2007 Standard Eorm of Agreement Between Owner and Architect for a Project of Limited Scope AGREEMENT made as of the twentieth day of July in the year two thousand finemi ()n bards,indicate din,monih anrtyear) BETWEEN the Architect's client idcntificd as the Osvner: ()game.legal status,uddi ass and oiher tnformaiion) City of YVaukcc 230 'West Hickman Road Waukee.iowa 50263 and the Architect: (Wtrii7e,)egrr)statlrs,rlddress and ofhert nfirrmati oil) Design Alliance.Jnc. 14225 LJniversity Avenue,Suite 110 Waukee,lov a 50263 for lhe following project: (Name,locofirin anr)detailed ddsc option) Repair of top portion of south masom'y wall Df the TVaukee VVV))Legion Hall,formerly City Hall. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion.The author may also have revised the text of the onginal AIA standard form An Additions and Delelions Repon that notes added information as weil as revisions to Ihe standard farm text is available from the author and should be reviewed A vertical line in the left margm 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.Consultahon with an attorney is encouraged with respect to its completion or modiyicalion. The Owner and Architect agree as follows. AIA Document 8104'"-2007.Copyngbi 0 1974.1978,1987 1997 snd 2007 by The Amsncsn is»biota of Arcbrtscis.Ail rights reserved wAfiNIND:Tins AIA»Document 1s protect»d by U.s.Copyrigistb»w»nd trstsrbsttbrt»I Treaties.Unsvtbbrixed reproduction br dmtnbutibn bf this AIA Do»urn*st,or sny pbrbbn of it,msy result m ssverrr siss snd cnmirs»l penalties,snd wiii be pmfwcutsd tc the m*wmvm sxtssl pbss bls vr dr rtbs lsw This document was produced by AIA software at 12 40 34 on 07/lsl2019 under order No 4174838109 1 wares sxprrss on 03/18/2018,snd o 001 for resale User Hotss.(1988737218) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 NIISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION g 1.1 This Agreement is based on the htitial Information set lorth below: (Stare i&diatr deraiis ofrhe Project's sile and program.Owner's contractors and crmsuilani 9 Aighitr ci's cnnsuiranir, olyner'.1 hridgsi far fh»coti of the lfzttrk,and other mjormatian tvievarli ia the project.i The Cost of the 'ryork is expected to be 5 I 0 000 as establishctl in July,20 I 5. Basic Services include a detailed qumttity and unit price cost estimate. tj 1.2 The Owner and Architect may rely on the Initial Inlhrmation.Both parties,hotvever,relxlgnize that such information may mate ially change and,in that event,the Owner and the Architect shall appropriately adjust the schedule,the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES The Architect shall provide the professional services set forth in this Agreement consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under thc same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES g 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural.mechanical,and electrical engmeerin ~services. tj 3.1.1 The Architect shall be entitled to rely on (I I the accuracv and complctmtcss of the inlbrmation furnished by the Ov*ner and (2)the Owner's approvals.The Architect shall provide prompt wntten notice to ihe Owner if thc Architect becomes aware ol'any error.omission or inconsistaicy in such services or information. tj 3 1.2 As soon as practicable afier the date of this A recment,lhe Architect shall submit lor the Owner's approval a schedule for the performance of the Architect's services.Once approved by the Ov ner,time limits estal&lished by AIA oocument 6104'"—2007 copynght 0 1974,1978,1987 1997 and 2007 by The Amencan Institute of Architects.Alt rights reserved.TIANNINO:This AIAs oucument m protected by U.s.copvrigtit *aw and Interriauonel Treaties Unaathorixed roprudurtion ord sir bution of thw AIA cucw ianl,or any portion oi I,n ay result in se cre ornl snd cnminet penalties and will bs prosecuted to the maximum exte it pr"s bli under tiie faw This document was produced by AIA software at 12 40 34 on 07/16/2015 under Order No 417483fl109 I which exp res on 03n 8/2016,arid is nol for resale User Notes:f19867372181 the schedule shall not,c:xcept Ibr reasonable cause,be exceeded by the Architect or Ovvner.With the Owner's approval.the Architect shall adjust the schedule.it'necessary,as the project proceeds until thc commencement of Cnllatl'UCtlufl. tj 3.1.3 The Architect shall assist the Owner in connection vvith the Owner's responsibility for tiling documents required for thc approval of governmental mithorities having jurisdiction over the Project. I'I 3.2 DESIGN PHASE SERVICES 5 3.2.1 Thc Architect shall review the program and other information t'urnished by the Owtfcr,and shall review laws.codes,and re ulations applicable to the Architect's services. tj 3 2 2 The Architect shall discuss ivith the Owner ihe Ownm *s program,schedule,bud ct for the Cost of the Work, project site,and alternative approaches to design and construction of the project,including the feasibility of incorporating environmentally responsible desiyf approaches.'I ho Architect shall reach an understanding with the Owner regarding the Project reqiiirements. I'I 3.2,3 The Architect shall consider the relative valite of alternative materials,building systems and equipment, to ether with other considerations based on Program and aesthetics in fleveloPing a desiorm For the Project that is consistent with the Oviner's schedule mid budget for the Cost of the Work. tj 3.2.4 Based on the project requirements,the Architect shall prepare Design Documents fnr the Owner'3 approval consisting of drawin s and other documents appropriate for the project and itic Architect shall prepare mid submit to the Owner a preliminary estimate of the Cost DI the VVork. fj 3.2.5 The Architect shag submit to ihe Owner an estimate oF the Cost ot the Work prepared in accordance with Sectiun 60. fj 3.2.6 The Architect shall submit the Design Documents to the Owner,and request the Owner*s approval tj 3.3 CONSTRUCTION DOCUMENTS PHASE SERVICES tj 3.3.1 Based on the Owner's approval of thc Design Documents,the Architect shall prepare for the Owner's approval Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the cons(ruction of the Work.The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information.includin Shop Drawings.Product Data.Satnplcs and other similar submittals,which the Architect shall review in accordance with Section 3.-'I.4. tj 3 3 2 The Architect shall incorporate into thc Construction Documents the design requirements of ovnnmmital authorities having jurisdiction over the project. tj 3.3.3 The Architect shall update the estimate for the Cost of the Work. g 3.3.4 The Architect shall submit thc Construction Documents to the Owner.advise the Owner of any adjustments io the estimate of the Cost of the Work,take any action required under Section 6dk and request the Owner's approval. tj 335 The Architect.Iifllowing thc Owner's approval ol'thc Construction Documents and of thc latest prelimmary estimate ol'Construction Cost,shall assist the Ownm in awarding and tff eparing contracts for construction tj 3.3.6 The Architect shall assist the Owner with obtaining competitive bids For thc work. 3 3.4 CONSTRUCTION PHASE SERVICES II'3.4.1 GENERAL g 3.4,1.1 The Architect shall provide administration of the Contract between the Ovvner and the Contractor as set forth below and in AIA Document AI01-2007,Standard Forin of A reemcnt Between Owner and Contractor. tj 3.4.1.2 The Architect shall advise and consult with the Ovvncr during the Construction phase Services.The Architect shall have aulhorily tu act on bchall'ot the Owner only to thc extent provided in this A reement.Thr." AIA Document 8104'"-2007.Capyright 0 1974,1978.1987,1997 and 2007 by The American Institute of Architects.Aft rights reser ed.10ANNlND his AfA'Document is protected by U s.copyright Law arid international Treaties.Unauthorized reu adoct on ordiatritmtion of tfrw AIAv Du u tw t,cr 3«ny portior:of it,may result ln severe civif and crirnrrisl pl nettles,and will be prasacuted to lhe maximum ex crit possible under tire fav This document was produced by AIA software at 12 40 34 on 07/18/2013 nder order Na 4174838109 1 which exp res on 03/1 8/2010 snd is not for resale. User Notes:f198873721tii Architect shall not have control over,charge oi;or responsibility for thc construction means,methotls,techniques. sequences or procedures.or lor safety precautions and pro rams in connection with the Vv'ork,nor shall the Architect be responsible lor thc Contractor's failure to perform thc Work in accordance with the requirements of the Contract Documents.'I he 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 Contracior or oFany other persons or entities performing portions of thc Work. g 3.4.1.3 Subject to Section 4.2,the Architectrs responsibility to provide Construction phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the Iinal Certificate for Pavment. tj 3.4.2 EVALUATIONS OF THE WORK g 3.4.2.1 The Architect shall visit thc site at intervals appropiiate to the stage ol'construction.Dr as otbertvise required in Section 4.2.1.to become gene'ally familiar with the progress and quality ol'the portion of the Work completed,and to determine,in general,if the VVork observed is being performed in a manner indicating that the Wort;,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 thc quality or quantity of the Work.On the basis of the site visits,the Architect shall keep the Otvtter reasonably informed about the progress and quality of the portion of the Work cong&leted,and report to the Owner (I)known deviations from the Contract Documents and Ii oin the most recent construction schedule submitted by the Contractor,and (2)defects and delicicncies observed in the Work tj 3 4 2 2 The Architccl has the authoiity to reject Work that does not conform to the Contract Documents and has the authority lo require inspection or testing ol the Work. g 3.4.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect*s response to such requests shall be made in writing xvithin any time limits agreed upon or otherwise with reasonable promptness. I'I 3.4.2.4 When making such interpretations and decisions,the Atvhitect shall endeavor to secure faithl'ul perfonnance by both Owner and Contractor,shall not show partiality to either,and shall not be liable for results oF interpreiations or decisions rendered in good faith. tj 3.4.2.51'hc Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documeots. 5 3.4.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR g 3.4.3.1 The Architect shall review and ccttily the amounts due the Contractor and shall issue certiiicates in such amounts.The Aichitect's certi Iication for payment shall constiuite a representation to the Owner,based on thc Architect's evaluation of the Work as provided in Section 3.4.2 and on the data comprising the Contractor's Application for Payment,that,to the best of the Architecl's knowledge,information and belief,the Work has pro ressed to thc point indicated and that the quality of the Work is in accordance with the Contract Documents. $3.4.3.2 The issuance of a Certilicate Ibr Payment shall not be a representation that the Architect has (I )made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed conbtructinn means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received Ii om Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor'1 nght to payment.or (4)asccrmined how or I'or ivhat purpose tht:Contractor has used money previously paid on account of tltc Contract Sum. I'I 3.4.4 SUBMITTALS I'I 3.4.4.1 The Architect shall review and approve or take other appropriate aciion upon the Contractor's submittals such as Shop Drav ings.I'roduct Data and Samples.but only for the limited purpose of checking for conl'ormance with information given and the design concept expressed in the Contract Documents.Itevietv of such submittals is not for the purpose of determining thc accuracy and completeness of other ini'ormation such as dimensions. quantities,and installation or performance of equipment or systems.which are the Contractor's responsibility.The AIA Document BID4'"—2007 Copyrrght rg 1974,1978,1987 1997 acd 2007 by The Amaocao Institute of Architects All rights reserved WAANING.Ties AIAa Documentisprotsciedbyus.copyrighttawahdlriterhatiooal I'msties Uosvthorpedreproducboriordmributrorioftl;IsAIA4 Documschor 4 aay pottioo of it,hwy result m savors civil aod crimmel pshslties,sod wdl be prc*eruted to lac heximum exteut pass tris under th.Iaw Th s document was produced by AIA software at 12 40 34 oh 07ll ar2015 under Order No 4174838109 1 whrch exprres oh 03II SI2016.ahd rs hot for resale User Notes:f1986737218I Architect's review sftall not constitute approval ol saFety precautions or.unless otherwisc specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures, tj 3.4.4.2 If the Contract Documents specifically require the Contractor to prnvide prnfessional design services or certifications by a desi n professional related to systems,materials or equipment,the Architect shall specif'y the appropriate performance and design criteria that such services must satisfy.The Architect shall review shop Draivings and other submittals related to the Work designed nr certitied by the dcsigit professional retained by the Contractor I(hat bear such professional's seal and signature when submitted to the Architect.The Architect shall bc entitled to rely upon the adequacy.accuracy and completeness ol'the services,certiticationb and approvals performed or provided by such design professionals. tj 3443 'I'he Architect shall review and respond to written requests for information about the Conti act Docunicnts. The Architect's response to such requests shall be made in writing ivithin any time limits agn eed upon.or otherwisc with reasonable promptness. FJ 3.4.5 CHANGES IN THE WORK The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time Subject to the provisions of Section 4.2.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. tj 3.4.6 PROJECT COMPLETION The Architect shall conduct inspections to determine the date or dates ot'Substantial Completion and the date of final completion;issue Certificates of Substantial Completion;receive fi om the Contractor and Forward to the Owner,for the Oivner's review and records,wriuen warranties and relaied documents required by the Contract Documents and assembled by the Contractor:mid issue a linal Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. ARTICLE 4 ADDITIONAL SERVICES tj 4.1 Additional Services are not included in Basic Services but may be required For the Project.Such Additional Services may include programming,budcoet analysis,tinancial feasibility studies,site analysis and selection, environmental studies,civil engineering,landscape design,telecommunications/data,security,measured drawings of existing conditions,coordination of separate contractors or independent consultantsr coordination of construction or project managers,detailed cost estimates,on-site project representation beyond requirements of Section 4.2.I, value analysis,quantity surveys,interior architectural design,planning of tenant or rental spaces,inventories of materials or equipment,preparation ol'record drawings,commissioning,environmentally responsible design beyond Basic Services,LEED9 Certification,Fast-track desi n services.and any other services not otherwise included in this Agreement. ((nsem a detcrqlfinn of doc(1 ddr(ifiuna(Sdivice the vtrciulecf yhidi pravtde,if nut fiirfhcr r(uscmhedin rul dxhihif aaachdf(lo this document.) Service related to legal action taken with regard to this project shall bc considered Additional Services. tj 4.2 Additional Services may be provided after execution of this Agreement,without invalidating the Agreement. Except for services required due to the fault ol'the Architect,any Additional Services provided in accordance with rhis Section 4.2 shall entitle the Architect to cotnpensation pursuant to Sectinn 11.3. Q 4.2.1 The Architect has included in Basic Services two (21 site visits over thc duration ol the Project during construcnon.Tbe Architect shall conduct site visits in excess of rhat amount as an Additional Service. I'I 4 2 2 The Architect shall rcvieiv and evaluate Contractor's proposals,and if neceasaty.prepare Draivings, Speci licafions and other documentation and data,and provide any other services made necessary by Change Ordei s and Construction Change Directives prepared by the Architect as an Additional Service. I'I 4.2.3 If the services covered by this Agreement have not been completed within two (2 )months of the date of this Agreement,through no I'suit of the Architect,extension of thc Architect's services beyond that tiinc shall be compensdted as Additional Services. AIA Document 0104'"-2D07.Copynght D 1974.1978,1987 1997 and 2007 by The Amencan Inst tule of Architects.An rights reserved.WARMING This AIAv Document is protected by U s.Copynght Law and International Treaties.Unauthorrssd i'eproductiori ordistribirtion of the AIA 'Document,or any pot tron of it may result in severe civil iilul 1 rnninal penalties,and wih be prosecuted to the maximum extent possit le under the law.This document was produced by AIA sofhvare ai I 2 40 34 on 07I16/2015 under order No 4174838109 I which exp res on 03il 8/2016 and s not for resale User Notes:f1986737218) ARTICLE 5 OWNER'5 RESPONSIBILITIES fj 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner reriarding requirements I'or and limitations on the Project,including a &vrittcn program which shall set forth the Ovvner*s objectives,schedule,constraints and criteria,including space requirements and relationships,flegibility, espandability.special equipment,systems and site requirements.Within I5 days ager receipt of a written request from the Architect,the Owner shall furnish the requesied inFormation as necessary and relevant for the Architect to evaluate,ive notice of or enforce lien rights. I)5 2 The Owner shall establish and periodically update the Onner's budget for thc Project,including (I)the bud&ct for the Cost of the 'rVark as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work.the 01&Der shall notify the Architect.'I'he O&vner and the Architect shall thcreaffer a ree to a corresponding change in the Project's scope and quality. fj 5.3 The Owner shall Furnish surveys to describe physical characteristics,legal limitations and utility locations For the site oF the project,a written legal description of the site,and services of geotcchnical engineers or other consultants when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. 6 5.4 Thc O«ster shall coordinate the services ol'its own consultams with ihose services provided by the Architect. Llpon the Architect*s request,the Owner shall furnish copies ol the scope of services in the contracts between the Ovvncr and thc Owner's consultants.The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. ()5.5 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as siructural,mechanical,and chemical tests,tests for air and water pollution.and tests for hazardous materials. fj 5.6 The Owner shall Furnish all legal,insurance and accounting services,includin ~auditing services that may be reasonably necessary at any time for the Project to meet the Owner*s needs and interests. fj 5.7 The Owner shall provide prompt written notice to thc Architect if the Owner becomes a&yare of any fault or defect in the project,including errors,omissions or inconsistencies in the Architect's Instruments Df Service. 6 5.6 The Ovvner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating ta the Contract Documents. fj 5.9 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the V&'ot k wherever it is in preparation or pragress. ARTICLE 6 COST OF THE WORK (j 6.1 I&or purpnses af this Agreement,the Cost oi'the Work shall be the total cost to the Owner to construct all elemmlts af the project designed or specified by the Architect and shall include contractors'*eneral conditions costs, overhead and profit.The Cost of the Work does not include the compensation of the Architect,the costs of the land, ri&hts-of-way.tinmicing,contingencies For changes in the Work or other costs that are the responsibility of the Owner. tj (i.2 The Owner's budget tor the Cost of the Work is provided in Initial Information,and may be adjusted throughout the project as required under Sections 5.2,6.4 and 6.5.Iivaliiations of the Owner's budget for the Cost oF the Work,the preliminary estimate of the Cost DF the Work and updated estimates of thc Cost of thc Work prepared by the Architect.represent the Architect's judgment as a desi m professional.It is recognized.hov:ever,that ncithcr the Architect nor the Owner has control over the cost of)shor,materials or equipment;the Contractor's methods of determining bid prices;or competitive bidding,market or negotintin ~conditions.Accordin ly,the Architect cannot and does nat warrant or r cprescnt that bids or negotiated prices will not vary tiom the Owner*s bud *et for the Cost of the Work or fi om an&estimate ot the Cost of'the Work or evaluation prepared or 1 reed to by thc Architect. AIA Document 8104'"—2007.Copyaght&0 1974.1978,198'7 1997 snd 2007 by The Amencea Institute of Architects.An nghts reserved.WABNINQ Th&4 AIAe Dao&merit is protected by u 8 copy&&gilt hew eiid Intemstianei Treaties.Uneuthori&ed reproducliaa or distribution af th;8 Aine Docimieat,o& eny partiaa af it,mey result in sevo&e ciwi sad cnminui peaslties snd will ho prosecuted to ttie ra&dream exteat possible &rod«r the lsw This document wss produced by AIA software at 12 40 34 on 07&1 8I2015 undec Order Na 4174838109 I which expires on 03/1 8/2018,snd is not for resale User Nates:(1999737218) tj 6.3 In preparing estimates of the Cost ofWork,the Architect shall be permitted to include contingencies For design,bidding and price escalation;to determine what maleriala,equi pmmit,component systems and types of construction are to be included in the Contract Documents,to make reasonable adjustments in the program and scope ot the project and to include in the Contract Documents aiiemate bids as may bc necessary to adjust the estimated Cost ol'the Work to meet the Owner's budget lor the Cost of the Work The Architect'3 estimate of the Cost of the Work shall be based on current area,volume or similar conceptual estimating techniques.If'the Owner reqiiests detailed cost estirnatin services.the Architect shall provide such services as an Additional Service under Article 4. tj 6.4 If the bidding has not commenced )vithin 90 days after the Architect submits the Construction Documents to the Owner,through no fault of the Architect.the Owner'9 budget for the Cost of thc Work shall be adjusted to retlect changes in the general level of prices in the applicable construction market. g 6,5 If at any time the Architect's estimate DF the Cost of the Vr'ork exceeds the Ovvner's bud ct for the Cost of the Work,the Architect shall make appropriate recommendations to the Ovvner to adjust the Project's size,quality or budget for the Cost ol'the Work,anil the Owner shall cooperate ivith the Arr:hiiect in making such adjustments. 6 6 6 It'the Owner's current budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lotvest bona tide bid or negotiated proposal,the Ow))er shall .1 give written approval of an increase in the budget for the Cost of the V'ork: .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance )vith Section ').Gi .4 in consultation with the Architect,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .5 implement m)y other mutually accepiable alternative. $6.7 If the Otvner chooses to pi oceed under Section G.G.4,the Architect,ivithout additional compensation,shall modify the Construction Documents as necessary to comply vvith the Owner's budgei for the Cost ol'the Work at the conclusion oF the Construction Documents Phase Services,or the budget as atljusted under Seciion 6.6.I.Tlm 7'u.chitect's modiiication of the Construction Documents shall be the limit of thc Arclutcct's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES g 7.1 The A)eh itect and the O)v))cr warrant that in transmitting Instruments of Service.or any other information,the transmittinoo party is the copyright o)vner oi'such information or has permission horn the copyright o)xn)er to transmit such information for its use on the project.If the Owner and Architeci intend to transmit Instruments of Service or any otl er inlormation or documentation in digital form,they shel I endeavor to establish necessary protocols governing such transmissions. (Paiwgidph»delefed) ARTICLE 8 CLAIMS AND DISPUTES tj 8.1 GENERAL tj 8.1.1 Thc Owner and Architect shall commence all claims and causes of action,whcthei in contract,tort,or othcmvisc,a ainst the other arising out of or related to ibis Agreement in accordance with the requirements of ihe method of binding dispute resolution selected in this Agreement within thc period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion oi'thc VVork.'Il)e Owner mid Arch iteci waive all claims and causes of action not commenced in accordance with this Section 8.I.I. lPorograph»rlelefedj fj 8.2 MEDIATION g 8.2.1 Any claim,dispute or other matter in question arising out oi'or related to this rtgrrccfnent shall be sublect to mediation as a condition precedent to binding dispute resolution.II'such matter relates to or is the subjeci ol 8 lien arisin out of the Architect'9 services,the Architect may proceed in accordance with applicable law to comply with the lim)notice or filing deadlines prior to resolution of the matter by mediation or by bindin dispute resolution. tj 8.2.2 Vlediation.unless the paidics mutually agree other)vise,shall be ailministered b)the Amciican Afbitratfon Association in accordance with its Construction Industry rglediation Procedures in ctTi.ct on the date of the inib AIA Document B104""—2007.C ooyrighi D 1974,1978,1987.1997 end 2007 by The Amencen Instrtute of Architects.Aa rights reserved.WAIININO.Ters rrtAr Document Is protected by iha.copyngitt hsw enri Intornstronel Treetiss Unauthorized reproduction or dietnbution nf tt)is AIAs Docurmnt cr w y po tion of it,n ey resrilt in severe civil snd crrminei penelbes,end witt be proservted to the mexrmurt)extert oossibie under the Iew.Th s document wes produced by AIA software at 12 40 34 on 07II ai2018 under order No 4174838109 I watch expires orr 03/I ai2018,end rs not for resale User Notes:(1988737218) Agreemcnt.The parties shall share the mediator's I'co and any filing fees equally.The mediation shall bc held in the place &vhcre the project is located,unless another location is munmlly agreed upon.Agrcmnents reached in mediation shall bc eni'orceabie as settlmncnt agreements in any court having jurisdiction thereof. g 8 2 3 If the parties do not resolve a dispute through mediation pursuant to this Section 8 2,the method ofbinding dispute resolution shall be the following: (Check the appraprirr(v has.(f the O&vner and v(rch((ec(rla no(selec(a (nethr&d of binding dispri(e rssahai an below, or da na(ruibseqnen(ly ogrdv in ivri (i ng (a a bint ling di spa(e resohi(iaa me(harl a(her (han li(iga(i an,(hv dk&prr(8 &vill be resalvsdin a cairr(ofcampeien(imvsdic(ion( []Arbitration pursuant to Section 8.3 of this Agreement [X ]Litigation ill 8 court oi competent jurisdictioil []Other (Speci/j') 5 8.3 ARBITRATION g 8.3.1 If the parties have sclccted arbitration as the method for binding dispute resolution in this Agreement any claim.dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by. mediation shall be subject to arbitrat&on which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbiiration Fuiles in etfect on the date oi'the Agreement. [j 8.3.1,1 A demand for arbitration shall be inade no earlier than concnrrently with the tiling of a request for mediation,but in no event shall it be made a(ter the date when the institution oi'le &al or eqtiitable proceedin 6 based on the clam&,dispute or other matter in question would bo barred by the applicable statute of limitations.For statute of limitations purposes.receipt oi'a wrinen demand for arbitration by the person or entity administering the ai bitration shall constitute the institution of legal or equiiable proceedings based on the claim,dispute or other matter in question. tj 8.3.2 The I'ore oing agreement to arbitrate and other agreements to arbitrate with an additional person or entiiy duly consented to by pm ties to this Agrccmcnt shall be specifically enforceablc in accordance with applicable la&v in any court having jurisdiction thereof. (j 833 The award rendered by the arbitrator(s)shall be final,and judg&T&ent may be entered upon it in accordance. with applicable law in any court bavin&&jurisdiction thereof. tj 8.3.4 CONSOLIDATION OR JOINDER 8 8.3.4.1 Fither party,at its snlc discretion.may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (I)the arbitration a reement governing thc othtm arbitration permits consolidation;(2)the arbitrations to be consolidated substantially involve common questions of law or tact; and (3)the arbitrations employ materially similar procedural rules rsnd methods Ior selecting arbitrator(s). 8 8.3.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially invohed in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the pally 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,dispirte or other matter in question not described in thc tvritten consent. []8 3 4 3 I'he O&vner and Architect grant to any person or entity made 6 party to an arbitration conducted under this Section 8 3,&vhetl&er by joinder or consolidation,the same ri hts ofjoinder and consolidation as thc Owner and Architect under this Agreen&ent AIA Oooument B104'"-2007 Copynghl 0 1974,1978.1987 1997 end 2007 by The Amencsn Inst lute of Architects An rights reserved.WARN&I O .bi.AIA'oocirment s prntertod by U.s.Copynght t.sw snd internstiovsi I'restres.Unsuthorixed reorodurt&or or distnbution of this A&A&oo erne &I,or «ny port&or&of it,n&ay res&lit ill severe crvii snd crimins!perrulties.4 d wrnbe prosecutsri to tiw msximun extent pnssibto under Ih is ThisdocumentwesproducedbyAIAsoftwaresl1240'34 on 07(16/2015 under order No 4174836109 I which expires on 03&18(2016 end is nol for resaleUserNotes:t1986737218& ARTICLE 9 TERMINATION OR SUSPENSION tj 91 If the Owner fails to make payments to the Architect in accordance with this Agreement.such ldiliire shall be considered substantial nonpcrforntance and cause for termination or,at the Architect's op(ion,cause for suspension of performance of services under this Agreement.If the Architect clues to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services Before resuming services,the Architect shall be paid all sums dire prior to suspension and any expenses incurred in the interruption and resumption of'the Architect's services.The Architect's Ibes I'or the remaining services and the time schedules sfiall be equitably adjusted. tj 9.2 IF the Owner suspends the Project,the Architect shall be compensated for services perFormed prior to noticr.'ol' such suspension.VVhen the Project is resumed,the Architect shel!bc compensated for expenses incurred in the intwruption and resumption of the Architect's services.The Architect's Fees For the remainin ~services and the time schedules shall be equitably adjusted. (j 9.3 II'the Ovvner suspends the Project for more than 90 cumulative days I'or reasons other than thc fault oi'the Architect,thc Architect may terminate this Agreement by giving not less than seven days'written notice. tj 9 4 Either pat ty may tmi minate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in nccordance with the trxms oF this Agrecmcnt through no I'suit of the party initiating the termination, (j 9.5 The Ovmer may terminate this Agreement upon no(less than seven days'written notice to the Archi(ect for thc Owner's convenience and without cause. tj 9.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due and all Termination Fxpenscs as dcfincd in Section 0.7. $9,7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly auributable to termination for which the Architect is not otherwisc compensated. ARTICLE 10 MISCELLANEOUS PROVISIONS tj 10 1 This Agreement shall be governed by thc law of the place where thc Project is located.cxccpt that if lhe parties have selected arbitration as thc method ot binding dispute resolution,the Federal Arbitration Act shall govern Section 6.3. (j 10 2 Terms in this Awoccmcnt shall have thc same meanin ~as those in AIA Document A(0 I —2007,Standard I-'onn ol'Agreement Betiveen Owner and Contractor. 6 10.3 The Oivner and Architect,respectively,bind themselves,their agents,successors,assigns and legal representatives to this A I'eemenu Neither the Owner nor the Architect shall assign this Agreement yt ithout the vvritten consent of the other,except that the Ovvner may assign this Agf cement to a lender providing financing I'o r the I'roject If(he lender 4 rees to assume the Ownet'5 ri *hts and obligations under this rhgreemcnt. tj 10.4 If the Olvner requesls the Architect to execute certiticates or consents.the proposed language ol sur:h cert&Iicates or consents shall be submitted to the Architect For review at.least (4 days prior to the requested dates of execution.The Architect shall not be required to execute certificates or con sents that would require knowledi e services or responsibilities beyond the scope of this Agremnent. tj 10 5 Nothing contained in this Agreement shall create a contractual relationship ytith or a cause of action in I'avor of a third party against either the Owner or Architect. $10 6 The Architect shall have no responsibihty for the discovei y,presence,handlin .rmiiol al or disposal of or exposure of'persons to hazardous materials or mxic substances in miy form at the Project site. AIA Document 8104'"—2007.Copynghlre 1974.1978,1987 1997 and 2007 by The Amencan Insatute of Arch tecls.Aa rights reserved.WANNINO Ibis AIA"Dnc uneni s prraecreii by U s.copyrrg it caw arid Inta at onai rraaliss.line ithonxed rep omiciion or iliatntiiiiioil of tl,s AIA'bucurnenr,or 9snyliortionofitmsyesuiluseverecI!and cnrninai penaaies,srnl wifi be proseci *ed to the maorr urn exlnnt pension unnarthe law The documeiit was produced by AIA software at 12 40 34 on 07/16I2015 under order No 4174838109 I which expires on 03I18i2016.and is noi for resale User Nates:i1986737218) tj 10 7 'I he Architect shall have the right to include photographic or artistic representations of the design oi the Project among the Architect's promotional and professional materials.However,the Architect's materials shall not include information the Owner has identified in writing as confidential or proprietary. ARTICLE 11 COMPENSATION ('I 11,1 For the Archiiect*s Basic Services as described under Article 3,the Owner shall compensate the Architect as iollows: ()nterr amaun(DJ,or basis for,compensafaem) Hourly,in accordance svith Architect's Standard I-lourly Rate sheet auachcd as Lxhibit A,to a maximum ot 53,908.Architect's consultants shall also be billable on this busis. (3 11.2 For Additional Services designated in Section 4.1,the Owner shall compensate the Architect as follovvs: (lnsem amoinzt of,m basis for,cr&lnpensalian,(f necessuiy,(ist specific seivices fa ivhich particular iuethocls o/ campensati i&n apply.) Hourly,in accordance with Exhibit A,2015 I lourly Rates. (3 11.3 For Additional Services that may arise durin ~the course of the Project,includin those under Section -'1.2,the Owner shall compensate the Architect as follows: ((nsm t crmr&unt of,ai bcxris for,campensaiiarr.) I-lourly,in accordance with Exhibit A,2015 Hourly Rates. t3 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3.shall be the amount invoiced to the Architect plus tive percent (5 '/u).or as othertvise stated below: (paragraph ilelatecl) (Tub(e clele(cd) (t cli agr clph clc.ietscl) tj 11 7 'I he hourly billing rates for services of the Architect and the Architect's consultants,it any„are set forth below.The rates shall bc adjusted in accordance v ith the Architect's and Architect's consultants'normal review practices. ((fappl(caMe,at(ar h an exhibit al'hoirr(y hi(lint;rates or infer((hdm l&elaiv) See Exhibit A,2015 Hourly Rates. (Tal&le dele(ed) I'I 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES II'11,8.1 Reimbursable Lixpenses are in addition to compensation for Basic and Additional Services and include expenses inciuyed by the Architect and the Architect's consultants directly related to the I'roject,as I'ollows: .1 Transportation and authorised out-of-toivn travel and subsistence; (Paratpzg&h rlele(ed) .3 Fees paid for securing approval ot'authoriues having jurisdiction over the Project; .4 Printing,reproductions,plots.standard foun documents: .5 Postage,handling and delivery; .7 Renderinos,models,mock-ups.professional phntography,and prcscntation materials requested by the Osvner; .8 Expense of proMssional liability insurance dedicated exclusively to this Project or the expense ol' additional insurance coverage or limits requested by the Owner in e&cess ol'that normally carried by the Architect and the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; ,11 Other similar Project-related expenditures. 13 11.8.2 I&or Reimbursable Expenses the compensation sliall be the expenses incurred by the Architect and the Architect*s consultants plus tive percent (5 ")a)oi the expenses incurred. IPar'clgl'apl&3 i)c'0'.lc'd) Infu AIA Document 9104'"—2007.Copynght@ 1974 1978.1987,1997 and 2007 by The Amencan Inablule of Architects.Au rights reserved.wlANNIND.Th a AIAa Do ument N pmtected by U s.Dopynght Law and interriational Treati«v.Unauthorized reproduction ordiv ributinn of thra Ai 1 Drcumerit.cr any port on of it,may result in severe cail and crlmir al pon attica,and wiii be prosem ted to tric maximum extant poaaibie under itis iavv.This document waa produced by AIA software at 12 40 34 on 07(16&2015 under Order No 417483II109 I whrch exprrea on 03/18&2016,and rs not for resale User Notes:(1980737218) I'I 11.10 PAYMENTS TO THE ARCHITECT I)11 10 I An initial payment of zero (S 0 )shall bc made upon execution of this Agreement and is thc minimum payment unde this Agreement.It shall be credited to the Otvner's account in thc final invoice I'I 11.10.2 Unless othcrwisc agreed,payments for services shall be made monthly in proporiion to services perl'ormetl.Payments are due and payable upon presentation ol'the Architect's invoice.Atnounts unpaid thirty (30 ) days atlcr the invoice date shall bear intm cat at the rate entered below,or m the absence thcrcof at the legal rate prevailing f'rom time to time at the principal place ofbusiness oF the Architect. ((nsci I rate oj'num(hiy or rmnua(inrcrdsi agreed upond g 11.10.3 The Owner shall not withhold amounts (horn the Architect's compensation to impose a penalty or liquidated dama cs on the Architect,or to DITset sums requested by or paid to contractors f'o r the cost ol'changes in the Work unless the Architect agrees or has been found liable I'or the amounts in a binding dispute resolution pioceeding. g 11.10.4 Records of Reimbursable Expenses,expenses pertaining to Additional Services,and services perFormcd on the basis of hourly rates shall be available to the Owna at mutuall)convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modit'y this Agreement arc as Follows: Mot applicable. ARTICLE 13 SCOPE OF THE AGREEMENT II 13.1 This Agrennent represents the entire and integrated agreement between the Ovmcr and the Architect and supersedes all prior negotiations,representations or abrreemcnts,either written or oral.Iltis Agreement tmiy bc amended only by written instrument signed by both Owner and Architect. I'I 13,2 This Agreement incorporates the Follotving documents fisted below: (Li ri oilier riocn merit g ij arty,uicim(i ng addi(iona(tcopr's o/sei'vier'.und H(H l3ocumeit(E20('4'-2(l()7,Dig(in(oaiu Pro(nco(Erhibi(,i fcrtmp(e(rd,jormi rig par(of(lie xtgfarmcn() Exhibit A,2013 I lourly Rates. This Agrccment entered into as of'the day OW R and year tirst v Tittcn above. i ARCHITECT (S(gna(urcy3envDyPurdy.I'rincipal (."'(Prin(er(Runic unr(u((ci AIA Document B104'-2007.Copynght o 1974 1978.1907.1997 and 2007 by The American Institute of Architects.Att rights reserved.WARNING.ms AIA»Document n proieciaif by U S.Copynght Law and Infsrnationai T eattes unauthorized raproductmn ordi»tntnition of diis AIA*Ooci mant or airy Iiortien of it,may rasuit iti savers omit snd oriin net pesatbes.siid wiii be prosecuted to the maximum extent passible urdar the Ixw.Th s document was produced by AIA software at 12 40 34 on 07/16/2015 under order No 4174838109 I which expires on 03(1 8/2016,and is not for re»aie User Notes:I19887372181 E~JBIT A 2015 IIOVRL Y RATES Principal/Architect Senior Architect Project Architect Architect Project Manager Senior Designer Senior Draftsman Junior Draftsman Clerical $175.00 $158.00 $150.00 $124.00 $105.00 $100.00 $85.00 $63.00 $68.00 Work Element Study -Task Basis Waukee Legion/VFW Hall South Wall Repair Design Alliance,Inc Architectural Tasks Initial Meeting Review Existing Conditions Schematic Design/Project Scope City Meetings &Code Analysis Project Coordination Construction Documents Final Review Meetings Assist GC w/Cost Estimating Construction Admin.Meetings Principal Project Architect Senior Drafter 0 2 2 1 1 24 1 1 2 Clerical Design Alliance Hourly Task Total 4 0 34 1 Rate $175 $150 $85 $68 $700 $0 $2,890 $68 $3,658 Structural Engineer Optional if needed $250 City Plan Review Fee/Inspection Fees (by Owner) Total Fee-Hourly not to Exceed $3,908