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Home My WebLink About2015-06-01-Resolutions 15-172_Library Thermal Improvements - Engineering AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 15-172 APPROVING ENGINEERING AGREEMENT WITH DESIGN ALLIANCE)INC. [WAUKKK PUBLIC LIBRARY ROOF VENTILATION PROJECT] IN THE NAME AND BY THEAUTHORITYOF THE CITYOF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,during inspections related to recent HVAC repairs at the Waukee Public Library,City staff discovered areas of improper air infiltration in the roofing system;AND, WHEREAS,City staff recommends contracting with Design Alliance,Inc.,in order to design necessary repairs to the Waukee Public Library roof ventilation system;AND, WHEREAS,the City Attorney has reviewed the proposed agreement,attached hereto as Exhibit A, and finds it satisfactory. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 1"day of June,2015,that it hereby approves an engineering agreement with Design Alliance,Inc.for the Waukee Public Library Roof Ventilation Project. illi F.card,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X NAY ABSENT ABSTAIN RAID Document B104'"-2007 Standard Form of Agreement Between Owner and Architect for e Project of Limited Scope AGREEMENT made as oF the seventh day oF Slay in the year two thousand tlflcen (ln morris,lm(irate day,nronfh ansi year( BETWEEN the Architect's client identified as the Owner: (((arne,legal siarus,address andotherrnfurrrrafian) City of Waukee 230 West l-iickman Road Wauken,iowa 50263 and the Architect: (Vame,legal.slams,address and other infarmarianl ! Design Alliance,inc. 1d225 University Avenue,Suite 110 Waukee,iowa 50263 for the following Project: (Name,lucullan and deraiad descript'anl Waukee Library Retrofit Project —A project involving analysis,research and coordination with the City and with System Works regarding improvements to reduce air inliliration and heat loss at the existing library building.The project will involve production of Documents,Bidding Phase Services,and Construction Phase Services, ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion The author may also have revised ihe text of lhe origmal AIA standard form An Addhtions end Delerions Report that notes added information as welf as revisions to the standard form 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 deleled from the origina(AIA text This document has important legal consequences.Consultation with an attorney is encouraged with respect to ils compietion or modtfrcation. The Oivner anti Architect agree as follows. Init. AIA Document 8104 -2007.Ccpyr gbi o 1974,1978,1987.t 997 snd 2007 by The Amsncsn Instiiule of Architects.Ao ngbts reserved.WARNING:T614 AIA"occumsctis protected by u.s,copyright Law sod Ictsrcsticnsl Trsstics.Nnauthonzsd reproduruon or distribution of Ibis AIA'occumcct.cr any portam cf it,msy rssrut n severs civil snd crbninsl pensit ss,sad wia bs prosecuted tc the maximum extent passible under the law.This document was produced by AIA software at 10 43'14 on 0511 sl2015 under Order No 4174838109 \which exprres on 03/1812016 snd is not for rassle l1196162631) TABLE OF ARTICLES 1 INITIAL INFORI!IIATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK T COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION tj 1.1 This Agreement is based on the Initial Infonination set I'orth below: jg/afe hvloiv de&oils o(fhu Prujeci '3 si/e and Pragram,Cnvner'3 cau/ruc/orl au/I r on full/mrs,Architect '3 consul/anth Olvner's l&udgei for the Cost oj'lhe ifark,and a/her infui ma/ion relevant ir&the projdc/1 The Cost of tlie Work is expected to be 5115,000 as established in April,2015. Basic Servicos include a demiled quantity and unit price cost estimate. I'I 1.2 The Otvner and Architect may rely on the Initial Information.Both parties,however,recognize that such information nmy materially change and,in that event,the Owner and thc 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 sct forth in this A reemcnt 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 perl'or m its services as expeditiously as is consistent with such professional skill and care and the orderly prot&ress of tlie Project. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES tj 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural,mechanical,and electrical engineering services. 5 3 1 1 The Architect shall be entitled to rely on 11)tbe accurac)and completeness ol'th information furnished by the Owner and (2)the Owner's approvals.The Architect shall provide prompt written notice to the Owner if the Architect becomes atvarc of any error,omission or inconsistency in such services or information. tj 3.1.2 As soon as practicable ager the date ot'this Agreement,the Architect shall submit For the Owner's approval 8 schedule for the performance ot the Architect's services.Once approved by the Owner,time limits established by AIA Document 6104'"—2007.Copynghl 0/1974,1978.1987 1997 end 2007 by The Amsncen Institute of Architects.Ag rights reserved.WANNIND&This AIA"Di&cument is protected by u s.copyright Law srtd International Trestws.I&nauthorixsd rspreduction mdutribution of this Aln"Documsnh or any port/o«of rt,may result in severe chal «nd cnrnbial penalties.snd will be prosecuted to ths maximum exterit possib/e under the lew.This document was produced by AIA software at 10 43 14 on 06/16/2016 under order No 4174838109 I which exp res on 03/18/2016.and Is nol for resale. user Notes:111961626311 the schedule shall not.except for reasonable cause,be exceeded by thc Architect or Owner.VVith the Owner's approval.the Architect shall adjust the schedule,if necessary,as thc Project proceeds until the commencmnent of construction. fj 313The Architect shall assist the Owner in connection with the Owner'4 responsibility For filing documents required for the approval of governmental authoriiies having jurisdiction over the Project. 5 3.2 DESIGN PHASE SERVICES fm 321 The Architect shall review the program and other information I'urnished by the Owner,and shall review latvs,codes,and regulations applicable to the Architect's scrviccs. b 3.2.2 The Architect shall discuss with the Owner the Owner's program,schedule,budget for the Cost ot the Work, project site,and alternative approaches to design and ccmstruction of the project,including the feasibility of incorporating environincntally responsible desibm approaches,The Archiiect shall reach an understanding lvith the Owner regarding the Project requirements. g 3.2.3 Tbe Architect shall consider the relative value of alternative materials,building systems and equipment, together with other considerations based on program and inesthetics in developing a design for the project that is consistent with the Ovmer's schedule and budnoct for the Cost of the Work. tj 324 Based on the projem requirements,the Architect shall prepare Desimt Documents for the Owner's approval consisting of drawings and other documents appropriate for the Project and die Architect shall prepare and submit to the Owtier a preliminary estimate ol'the Cost of tbe 'iVork. It 3.2.5 The Architect shall submit to the Otvner an estimate of the Cost of the Work prepared in accordance with Section 6.3. g 3.2.6 The Architect shall submit the Design Documents to the Owner,and request ihe Owner's approval. I'I 3.3 CONSTRUCTION DOCUMENTS PHASE SERVICES ft 3.3.1 Based on the Owner's approval of the Design Docutnents,the Architect shall prepare for thc Owner*s approval Construction Documents consisting of Drawings and Specifications setting forth in detail the requiremenrs for the constructioit of the Work.The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information.including Shop Dralvings,Prodiict Datt,Samples and other similar submittals,which the Architect shall review in accordmice with Section 3.4AL tj 3.3.2 The Architect shall incorporate into the Construction Docummits the design requirements of governmental authorities having jurisdiction over the Project. I'I 3.3.3 The Architect shall update the estimate for the Cost ot'the VVork, fj 334 The Architect shall submit thc Construction Documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work,take any action required under Section 6.5,and rcqucst the Owner's approval. tj 3 3 5 The Architect,lollowing the Owner's approval ol'the Construction Documents and of the latest preliminary estimate of Construction Cost,shall assist the Owner in awarding and preparing contracts t'or construction, tj 3.3.6 The Architect shall assist the Owner with obtaining competitive bids for the work. fj 3.4 CONSTRUCTION PHASE SERVICES I'I 3.4.1 GENERAL I'I 3.4.1.1 Tbe Architect shall provide administration of the Contract bctwimn the Owner and the Contractor as sct I'orth below and in AIA Documenl A10 I-2007.Standard Form of Agreement Betvvcen Owner nnd Contractor. I'I 3,4.1.2 The Architect shall advise and consult with the Olvner during the Construction Phase Services.Thc Architect shall have authority to act on behalt'ol'the Owner only to the extent provided in this Agreement.The AIA Document 8104™—2007 Copynght 0 1974.1978,1987,1997 and 2007 by The Amencan Institute et Architects.All righfa reserved.WANNIND.This AIA"Document is protect«if by U.S.Copyright Law and Internationaf Tmaties.Unauthorized repmduction or distributmn of th s AIA'Document,or «ny podicn of it inny result in severe civil arid crnliinal pi naiiios,and will be proseculed to the maxirrium oxtsnt possibi«under the law Thn document was produced by AIA software at 10 43 14 on 05/10I2013 under Order No 4174838109 \which expires on il3ilai2019.and is not Ior resale User Notes:I I'I 9818283 I I Architect shall nothave control over,charge ol:or responsibility For the construction means,methods,techniques, sequences or procedures,or for salety precautions and programs in connection with the Work,nor shall the Architect be responsible For thc Contractor's failure to perform the Work in accordance with the requiremmlts ol 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 Contractor or of any other persons or entities perlorming portions oF the Work. tj 3.4.1.3 Subject to Section 4,"2,the Architect's responsibility to provide Construction phase Services commences with the atvard of the Contract for Construction and terminates on the date the Architect istdles the limni Certificate fol PavlTILllt. I'I 3.4.2 EVALUATIONS OF THE WORK I)3.4.2.1 'I'he Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.2.I,to become generally familiar with thc progress and quality of the portion of the Work completed.and to determine,in general,iF the Work observed is being performed in 8 nianner indicating that thc 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 Work.On the basis OI'the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality ol' the portion of the Work completed,and report to the Owner (I)known deviations fi om the Contract Documents and I'rom the most recent construction schedule submitted by the Contractor,and (2)defects and deficiencies observed in the Work. tj 3.4.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and has the authority to require inspection or testing of the Work. tj 3.4.2.3 The Architect shall interpret and decide malters concerning performance under,and requirements of.the Contract Documents on written request of either the Ov Tier or Contractor.The Architect's response to such requests shall be made in writing within any time limits agreed upun or otherwise with reasonable promptness. 5 3.4.2.4 When making such ioterpretations and decisions,the Architect shall endeavor to secure faithfill performance by both Owner and Contractor,shall noi show partiality to either,and shall not be liable Ior results of interpretations or decisions rendered in good faith. g 3 4 2 5 The Architect shall r ender initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. 3 3.4.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR tj 3.4.3.1 The Architect shall review and cetxify ihe amounts due the Contractor and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on thc Architect's evaluation of the Work as provided in Seclion 3.4.2 and on the data comprising the Contractor's Application for Paynient,that.to the best of the Architect's krlowledge,information and belief,the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. tj 3432 The issuance of a Certificate for Payment shall not be a representation that the Architect has (I)nyddc exhaustive or continuous on site inspections to check the quality or quantity of the V/ork,(2)revievved consiruction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material supplim s and other data requested by the Owner to substantiate the Contractor'1 right to payment,or (4)ascertained how or for what purpose thc Contractor has used money previously paid on account of the Contract Sum. I)3.4.4 SUBMITTALS g 3.4.41 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Dratvings,Product Data and Samples,but only for the limited purpose of checking I'or conformance with information given and the design concept expressed in the Contract Documents.Revievv of such submittals is not for the purpose of determining the accuracy and complctcness of other inl'ormation such as dimensions, quantities.and installation or perl'ormance of equipment or systems.which are the Contntctor's responsibility.The AIA Document 8104'"—2007.Copynghl el 1974 1978,1987.1997 and 2007 by The Amencsn Insblute ot Architects.All rights reserved.WARNING:Ttus AIA oocunlent rr,problcted by u.s.Copyright bewared Intarnatronal Trsalie*Unauthorized reproduction or dist/ibution of this AIAo Document,or any portion of it,may result in severe civil and onminat penalties,and wdl ba prosecuted to the maximum extent possible under ttnr la .7hrs document was produced by AIA sofhvare at 10 43 14 on 05/13/2019 under order No 4174838109 I which exprres on 03/18/201 6 andre nol For resale User Notes:I119618283u Architect's review shall not constitute approval of safety precautions or,unless otherwise speci lically stated by the Architect.DFany construction means,methods,techniques,sequences or procedures. g 3.4.4.2 It'the Contract Documents specifically require the Contractor to provide professional design services or certificati one by a design professional related to systems,materials or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.'I he Archiicct shall review shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to thc &Architect.The Architect shall be entitled to rely upon the adequacy.accuracy and completeness of the services.certilications and approvals performed or provided by such design professionals. I)3.4,4.3 The Architect shall review and respond to written requests for information about the Contract Documents. The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable prontpuiess. 5 3.4.5 CHANGES IN THE WORK The Architect may authorize minor chan es in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the F:ontract Sum or an extension of thc Contract Time.Subject to the provisions of Section 4.2.2,the Architect shall prepare Change Orders and Construction Change Directives tbr the Owner's approval and execution in accordance with tbc Contract Documents. II 3.4.6 PROJECT COMPLETION The Architect shall conduct inspections to determine the date or dates DI'Substantial Completion and the date of Iinal completion;issue Certificates of Substantial Completion;receive from the Contractor and forward to the Otvner,tor the Owner's review and records,written warranties and related documents required by the Contract Documents and assembled by the Contractor:and issue a final Certificate For Payment based upon a linal inspection indicating the Virork complies with the requirements ol'the Contract Documents. ARTICLE 4 ADDITIONAL SERVICES g 4.1 Additional Services are not included in Basic Services but may be required for ihe Project.Such Additional Services may include progrmnming,budget analysis,financial feasibility studies,site analysis and selection. environmental studies,civil engineering,landscape design,telecommunications/data,seciirity,moasurei1 drawings of existing conditions,coordination ol'separate contractors or indcttcndent consultants,coordination of construction or project manaiiers,detailed cost estimates„on-site project representation beyond requirements of Section 4.2.1, value analysis,quantity surveys,interior architectural design,planning of tenant or rental spaces,inventories of materials or equipment,preparation of record drawings.commissioning,environmentally responsible design beyond Basic Services,LEEDa Certification,fast-track desibm services,and any other services not otherwisc included in this Agreemelit. (/nierr a description of each dildrtionai Sr ivies thd rt rc/iiiect sliali provide.if aat fiayher descriherlin an exhibit attached ta iiris dacanrdnt,/ Service related to le al action taken wiih regard to this project shall be considered Additional Scvvices. tj 4.2 Additional Services may be provided aller execution of this Agreement,without invalidating the Agreement. Except for services required due to the Iault 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 ah I'I 4.2.1 The Architect has included in Basic Services Ien (10)site visits over the duration of the Project durin construction.The Architect shall conduct site visits in excess of that amount as an Additional Service. tg 4 2 2 The Architect shall review and evaluate Contractor's proposals.and if necessary,prepare Drawings, Specitications and other documentation and data,and provide any other services made necessary by Change Orders and Construction Change Directives prepared by the Architect as an Additional Service. g 4.2.3 If the services covered by this Agreerncnt have not been completed vvithin twelve (12 )months oF the date of this A I'cement,through no Poult ot the Architect,extension of the Archilect's services beyond that time shall be compensated as Additional Services. AIA Document 8104'"-2007.Copynghl fp I 974,1978 1987.1997 end 2007 by The American institute of Architeotx.Aa rights reserved.WARNING:Tins AIA»Doo«mentis protected by U s.copyright Lsvrsnd lrltemstionsiTresties.Unsuthorood reproduction ordistribution of this AIA Document,or sny portion of it,msy result in severe civil erid crinunei penslties,end will be prosecuted to ihe msximum extent possible under the isw.This document wss produced by AIA sofhvere at 10 43 14 on csrl sr2015 under order No 41T4838109 I which expires on 03I18I2018,snd w not for resale, User Notes:t1198182631) ARTICLE 5 OWNER'S RESPONSIBILITIES I)5.1 Unless otherwise provided for under this Agreemcnt,tfic Owner shall provide information in 0 timely mannm regarding requirements ii/r and limitations on the Project,including a written proy am which shall set I/orth the Otvner's objectives,schedule,constraints and criteria,including space requirements and relationships,tlcxibility. expendability,special equipment,systems and site requirements.Within 15 days BI)er receipt ol'a wl iiten request I'rom the Ardiitect,the Owner slmll furnish the requested information as necessary and rclcvant For lhe Architect to evalilate.give notice of or enforce lien rights. j)5 2 The Otvner shall establish and periodically update the Owner's budget for the Project,including (I )the budget for the Cost of the Work as defined in Section G.I;(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'3 budgcn For the Cost of the Work.the Owmer shall notifu the Architect.The Owner and the Architect shall thereaiter agree to a coiyesponding change in the Project's scope and quality. I)5.3 The Oxwier shall furnish surveys to describe physical characteristics,legal limitations and utility locations I'or the site of the Project,a written legal description ol the site,and services of geotechnical engineers or other consnltants when the Architect requests such services and demonstrmes that they are reasonably required by the scope of the Project. I)54 The Owner slmll coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request,the Otvner shall furnish copies of the scope of services in the contracts between the Ov ner and the Owner*s consultants.The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. j)5.5 The Owner shag fiirnish tests,inspections and reports required by lalv or the Contract Documents.such as structural,niechanical,and chetnical tests,tests for air and water pollutioit,and tests for hazardous materials. I)5.6 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. $5 T The Ovwler shall provide prompt written notice to the Architect if the Owner becnmes av'are oi'any fault or defect in the project,inciudin *errors,omissions or inconsistencies in the Architecps Insuuments ol'Service. 6 5.6 The Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. jj 5.9 The Owner shall provide the Architect access to the Project site prior to commencemeni of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK fi 6.1 For purposes of this Agreement.the Cost of the Work shall bc the total cost to the Owner to construct all elenients oF the project designed or specified by the Architect and shall include contractors'general conditions costs, overhead and prniit.'I he Cost of the Work does not include thc compensation of the Architect,the costs of the land, rights-oittvay,financing.contingencies lbr changes in thc Work or other cosls that are the responsibility ol'the Ownelv tj 6.2 The Owner's budget for the Cost ol the Work is provided in initial Intormation.and may be adjusted throughout the project as required under Sections S.nnk 6.4 and 6zh Evaluations of the Owner's budget for the Cost,of the Wnrk.the preliminary cstirnatc of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect,represent the Architect's judgment as 6 design professional.It is recognized,however,that neither the Architect nor the Owner has control over the cost of labor,materials or equipment:the Contractor 's methods of determining bid prices;or competitive bidding.market or negotiating conditions.Accordin ly,the Architect cannot and does not vvarrant or represent that bids nr negotiated prices will not vary from the Owner's budget for the Cost of the Work or fi'om any estimate ol the Cost of the Work or evaluation prepared or agreed to by the Architect. AIA Document B104'"—2007.Ooplr/ght 0 1974,1978 1987.1997 and Zoot by The Amenca/I Institute of A/chilecls.An rights reserved iNARNINB:Tins AIA"Document is protected by U.s.Copynghl caw and International T/eatiss.t/nauthoiixsd reproduction o/distribution of this AIAe oocu/nant,ol any po/tion of ii,msy sault m seve/e civil and c/iminal penaltiss,ard wilt be p/osecuted to the maxinuim extent possible unde/the law.This document was produced by AIA software at 10 43 14 on 05/i 3/2013 under order No 4174836109 I which expires on 03/1 8/2016,and is not for seals Ussr Notes:(1196182631l fj 6 3 In preparing&estimates ot'the Cost of Work,the Architect shall be permitted in include contingencies for design,bidding and price escalation;to determine what materials,equipment,component systems and types of construction are to be included in the Contract Documents,to make reasonable adjustments in the program and scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost ol the Work to meet the Owner's budget for the Cost of the Work.The Architect's estimate of the Cost of the Work shall be based on current area,volun10 Qr similar conceptual estimating techniques.If the Owner requests detailed cost estimating services,the Architect shall provide such services as an Additional Service under Article 4. fj 6 4 If thc bidding has not commenced within 90 days after thc Architect submits the Construction Documents to the Owner.through no fault oF the Architect,the Owner's budget t'or the Cost ot'the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. g 6.5 If at any time the Architect's estimate of the Cost ot the Work exceeds the Owner's budget lbr the Cost of the Work,the Architect shall make appropriate recommendations to the Owner to adjust the Project's size.quality or budget for the Cost of the Work,and the Owttet shall cooperate with the Architect in making such adjustments. g 6.6 If the Owner's current budget for the Cost of the VVork at the conclusion of the Construction Documents Phase Services is exceef led by the lowest bona fide bid or negotiated proposal,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or reneg&oliating of the Proiect within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Archiiect,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .5 implement any other mutually acceptable alternative, $6.7 lf the Owner chooses to proceed under Section 6.f&.4,the Architect,without additional compensation,shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the '&York at the conclusion of the Construction Documents Phase Services,or the budget as adjusted under Section F&.6.1.The Architect's moditication of the Construction Documents shall be thc limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES jj 7.1 The Architect and the Oivner warrant that in tnnnsmitting Instruments of Service,or any oiher in formation,the transmitting party is the copyright oivner Of SuCh in lbrmatlOn Or has permission li om the copyright owmer to transmit such information for its use on the project.II'ihe Owner and Architect intend to transmit Instruments ol' Service or any other int'onnation or documentation in digital form,ihey shall endeavor to establish necessary protocols governing such transmissions. (Paf ugraplu deleted) ARTICI.E 8 CLAIMS AND DISPUTES 8 8.1 GENERAL tj 81.1 The Owner and Architect shall commence all clamis sod causes of action,whether in contmct,tort,or otherwibe,against the other arising out of or related to this Agreement in accordance with the requirements of the method ol'binding dispute resolution selected in this Agreement within the period specified by applimible law,but in any case not more than IO years after the date of Substantial Compietion of the Work.The Owner and Architect waive all claims and causes of action not commenced in nccordance with this Section 8.1.1. (Prrragraplis d«lefed) fj 8.2 MEDIATION fj 8 21 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such mancr relates to or is die subject ol'a lien arising out ot'the Architect's services,the Architect may prnceed in accordance with applicablc lavv to comply with tile lien notice or filing deadlines prior to resolution of the manor by mediation or by binding dispute resolution. fj 8.2.2!vtediation,unless the panies mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry iblediation Procedures in etTect on the date of tbe AIA Document 8104 -2007.Copynght@1974,1978.1987 19ra and 2007 by The Amencan tnstrtuteof Architects.Aa rights reserved.WARNING.This AIA"Document is protected hy U 8.copyright Law xnd International Trestles.Ilnauthorixed raprodirction ordlstriinrtion of this AIAs Document,or any poraon of it,niay result in severe civil and criminal penalties,and wai i&e prosecuteri to ths maxinxim extent possible under lhe Iaur This document wss produced by AIA software at 10 43 14 on cs/15&2015 under order No 4174 938109 I which expires on 03/I 8&2018 and is nol for resale User Notes:(1198182831) Agreement.The parties shall share thc mediator's fi.c 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 agcements in any court having jurisdiction thereof. g 8.2.3 II 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 appropriare bos.(f lhe Qv»al a&»i&}rchbecl dr&nr&I seier r a melhvfi r&fbimii»g dispule rerr&(ation i&eimv, or dr&nof .iuhsvgnu»fiy agree in wrili»g lo a bi »di »g dispare I tsoialio»mefhod oiirer fha»iiligalia»,the dispirfe ivii} bt I'csoivefi In a coal'I of camps'lt'l7l J»I'I wile'lion.& []Arbitration pursuant to Section 8.3 oi'this Agreement [X ]Litigation in a court of competent jurisdiction []Other (Speci/y) tj 8,3 ARBITRATION g 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreemeni any claim,dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by. mediation shall be subject to arbitration which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. I)8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of'8 request for mediation,but in no event shall it be made alter the date v hen the institution of legal or equitable proceedings based on the claim,dispute or other matter in question would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration chal}constitute the institution of legal or equitable proceedings based on the claim,dispute or otfier nzatter in question. I[8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an add itioiial pm son or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. g 8.3.3 The award rendered by the arbitrator(s)shall be final.and judgment maybe entered upon it in accordance with applicable law in any court having jurisdiction thereof. tj 8.3.4CONSOLIDATION OR JOINDER tj 8.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (I }tbe arbitration ay cement governing the other arbitration permits consolidation;(2)the arbitrations to be consolidated substantially involve common questions of law or fact; and (3)the arbitrations employ materially similar procedural rules and methods for selectin arbitrator(s). I[8.3.4.2 Either patsy,at its sole discretion.may include by joinder persons or entities substantially involved in a common question ot'law or fact whose presence is required if comp}etc reliel'is to bc accorded in arbitration. provided that the party sought to be joined consents in waiting to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration ol any claim,dispute or other matter in question not described in the written consent. I)8.3.4.3 Thc Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 83,whether by joinder or conbolidation,the same rights ofjoinder and consolidation as the Owner and Architect under this Agreement. AIA Document 8104'"—2007.Copyright 0 1974,1978.1987.1997 and 2007 by The American Inst tete of Arch tects.All rights reserved.WAntiiNG:Tbi' AiA"Document is protected by U.s copyright taw and intsmatinnai Treaties.Unautiiorized reproduction or distribution of lies AIAa oomiment,or «ny portron ot'it may result in severs civil «nd criminal penalties,and will be prosscumd to the maximum extent possible undsr the faw This document was produced by AIA sofsvare at 10 43 14 on 05»5&2015 under order No 4174838109 I which expires on 03&18I2016 and is not for resale. user'Notes:(1198182631} ARTICLE 9 TERMINATION OR SUSPENSION g 9 1 II'the Olvnm 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 perfonnance oi'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 sorvices,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.I3e fore resulning services,the Architect shall be paid all sums due prior to suspension and any expenses incun'ed in the intenuption and resumption ofthe Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjirstcd. g 92 lt the Ownei suspends tile Project,thc Architect shall be compensated for services performed prior to m)tice of such suspension.When the project is resumed,the Architect shall bc compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's tees for the remaining services and the time schedules shall be equitably adjusted. fj 9,5 If the Owner suspends the projeci for more than t)0 cumulative days f'or reasons other than the I'suit of the Architect,tile Architect may terminate this Agreement by giving not less than seven days'written notice. I3 9.4 Either party inay terminate this Agreement upon not less than seven days'written notice should thc other pany fail substantially to perform in accordance with thc terms of this Agreement through no tbult of the party initiating the termination. tj 9,5 The Ovner may terminate this Agreement upon not less than seven days'wriuen notice to the Architect for the Owner'9 convenience and without cause. I)9.6 ln the event of termination not die I'suit of the Architect,the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. I)9.7 I ermination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated. ARTICLE 10 MISCELLANEOUS PROYISIONS fj 101 This Agreement shall be governed by dte law of the place where tbe projem is located,except that it'the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section SLL fj 10.2 Terms in this A reement shall have the same meaning as those in AIA Document A)01-2007,Standard Form ot'Agreement Bettveen Owner and Contractor. ta 10.5 The Oltner and Architect.respectively,bind themselves,their agents,successors,assigns and legal representatives to this Agreentent.Neiiher the Owner nor the Architect shall assign this Agreement without the lvritten consent of the other,except that the Owner may assign this Agreement to a lender providing financinir for the Project if the lender agrees to assume the Otvner's rights and obligations under this Agreement. $10 4 If thc Owtler requests the Architect to execute certificates or consents,the proposed language ot'such certificates or consents shall be submitted to the Architect for reviev at least I4 days prior to the requested dates oF execution.The Architect shall not be required to execute certilicates or consents thai would require knowle&lgr, services or responsibilities beyond the scope of this Agi cement, tm 10,5 Nothing contained in this Agreement shall crcutc a contractual relationship with or a cause of actinn in favor of 8 third party against either the Owner or Architect. g 106 The Architect shall have no responsibility for thc discovery,presence,handling.removal or disposal of or exposure of persons to hazardous materials or toxic substances in any I'orm at the Project site. AIA one ument 8104ru —2007.Copyright th 1974,1978.1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:Tiiis AIAa rlocument is protected byu a.copyright Lawsndlnterriational Treaties Unauthorixedrsproductionordistnbutioiiet thisAIAv oocummit,or any porbon of 8,may resul!in severe civil *rrd criminal penalties,snd will be plosuruted to the maximum extent possible under the lsw.This document was produced by AIA software at 10 43 14 on Ils/13/2018 under order No 4174838109 I which expires on 03f1 8/2018 and is not for resale User Notes'I 1190182831) g 10.7 The Architect shall have the right to include photographic or artistic representations ol'the design of thc Project among the Architect's promotional and professional materials.I lov:ever,the Architect's materials shall not include intormation the Owner has identified in writing as confidential or proprietary. ARTICLE 11 COMPENSATION g 11.1 For the Architect's Basic Services as described under Article 3,the Owner shall compensate the Architect as follows: (Inxem omolm/uf,or basis for,compensufion.) Hourly,in accordance with Architect's Standard Hourly Rate sheet attached as Exhibit A,to a maximum of $33.000.Architect's consultants shall also be billable on this basis, g 11.2 For Additional Services designated in Section 4.I,the Owner shall compensate the Architect as follows: (Inserr 0/rrrmnr of or lioxisfor compenrorivn Ifnecessrrrtg lis(speci(ic sdivices /ri lyhich pcir/icular/neihuds rif cr/mpensu/ion opp(y.) Hourly,in accordance with Exhibit A,20I5 Hourly Rates. g 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: (Inrrvr/Ornnuir(Vf,Or baSiS far,ComPdndu/idn) Hourly,in accordance wiih Exhibit A,2015 Hourly Rates. g 114 Compensation for Additional Services of the Architect's consultants lvhcn not included in Section I I 2 or I l.3,shall be the amount rnvoiced to the Architect plus tive percent (5 oyo),or as otherwise stated belov': (Po/xrgroph ddleled) (Tirble rldleldd) (Pu/'ugrrrph dele(ed) fj 11,7 The hourly billing rates For services of the Architect and the Architect's consultants,if any,are set Forth below.The tates shall be adjusted in accordance with the Architect's and Architect's consultants'normal revietv practices. (If upplicoblc,o//deli an exhibi/of Irourly billing ro/es or insvrf rhcm belrnv I See Exhibit A,2015 Hourly Rates. (Table rid(died) fj 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES $11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the project.as Follows; .1 Transportation and authorized out-ol'-town travel and subsistence: (Purugraph rlelered) .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,standard form documents; .5 Postage,handling and delivery; .7 Renderings,models,mock-ups.professional photography,and presentation materials requested by the Owner; .8 Expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .9 All taxes levied on professional services mid on reimbursable expenses: .11 Other similar Project-related expenditures. fj 11.8.2 For Reimbursable Expenses thc cnmpensation shall be the expenses incurrxxl by the Architect and the Architect's consultants plus five percent (5 ogo)of ihe expenses incun ed. (Pu/agro phs iield/ed) AIA Oocument 0104'"—2007.Copyrrght el 1974,1978.1987,1997 and 2007 by The Amencan Insbtute of Arch lects.Aa rights reserved.WARNING:This AIA"Docurr ent is proiected by U.a.copyright Law and international Trestles.Urlauthorixed reproductiorl or distnbution of ttlis AIA oocument,or any portion of it,may result in severe civil and crrminal penaitiua,and will be prosecuted to the rnaximunl exteiit possibl under the law This document was produced by AIA software al 10 43 14 on 05/1 5/2018 under order No 4174838109 I which expires on 03/18/2016,and is not for resale User Notes:i1198182631) g 11.10 PAYMENTS TO THE ARCHITECT ti 11.10.1 An initial payment oF zero (3 0 )shall be made upon cxccution of this Agreement and is the minimilm payTnent under this Agreement.It shall bc credited to the Owner's account in the final invoice. g 11.10.2 Unless otherwise agreed,payments lor services shall bc made monthly in proportion to services performed.Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid thirty (30 ) days ager the invoice date shall bear interest at the rate entered belovv,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (insert ra(e of ntonthlp or afmual interest ogreed ilpim.j II 11.10.3 The Ovvner shall not withhold amounts I)urn the Architect'9 compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost oFchanges in the Work unless the Architect agrees or has been (bund liable for the amounts in a binding dispute msolution proceeding. g 11.10.4 Records of Reimbursable Expenses,expenses pertaining to Additional Services,and services performed on tits basis of hourly rates shall be available to the Owner at muiually convenieni times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms mid conditions that modify this Agreement are as follows: Not apphcable. ARTICLE 13 SCOPE OF THE AGREEMENT FI 13.1 This Agreement represents the entire and integrated agl cement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Abrreement may be amended only by written instrument signed by both Owner and Architect. g 'l3,2 This Agreement incorporates the Following documents listed below: (List other docunlents,if any;inchitlinp addirionol scopes ofsefvice and vt tvt Docmnenr E20(T'~2007,Diginil Data Prohicol Exhibit,if'conipletetl forming part of the Agreement j Exhibit A,20 IS Hourly Rates. This AM cement entered into as of the day and year first writte above OW R ~ut 7~F (Printed name and title j (gignatff ej David 3,I larrison,Princi al (Prlnrednanle andtlrlej AIA oocumsot 8104'"-2007.Copyright ef 1974,1978,1987.1997 sod 2007 by The Amsocsh Iosituts of Archrtscfs.Aa rights reserved.WARNING:This AIAs oocusisst is protected by U.s.copyright Lsw shd Iotsmsboosf Tmstfss.Unauthorized rsproducticu or distribution of tifis AIAv oomfmsht,of any portion of it,msy fosult in ssvsro civ4 ssd crimihsl penalties,«hd will bs prosecuted to ihs maximum extent possibls sudor the Isw.Thfs documsoi wss pfoducsd by AIA software at 10 43 14 on ost1 sf2013 under order No 4174638109 I which oxpfrss on 03118/201 6.Bod is hoi for resale Ussr Notes:(1196182*30 Additions and Oeletions Report for AIA Document B104 —200 y This Additions and Deletions Report.as defined an page I of lhe associated document,reproduces belaw ail 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 fram the original AIA text.Added lext rs shown underlined.Deleted text is indicated with a honzontal Ime through the anginal AIA text Note:This Additians and Deletions Report is provided far information purposes only and fs not incorporated into or canslitute any pari af ihe associated AIA document.This Additions and Deletions Report and its associated document were generated simuiianeously by AIA software at 10 43 14 on 05/1 5/2015. PAGE 1 AGREEMENT made as of the seventh day of M~ain the year two thousmld fiileen O~lw uh 230 West Hickman Road Wmikee iowa 60263 Dcsifm Alliance inc. 14223 Universh Avenue,Suite i 10 Waukee iowa 50263 Waukce Librar~Retrofit prodect —A project invoivinf anal sis research and coordination svith the City and with W 0 df I »«du I IIII Iu adh I,h .I«'~III hill'«.Ph 0 0 I I'0»sfddf Ph 0 I .dC IaPh PAGE 2 rl*c rl W h..~d I Qll 000 QI Idf A I QI. Basic Services inciude a detailed uantit and unit rice cost estinlatef PAGE 3 336 The /'uchitect shaft assist the Owner with obtainin r corn etitive bids for the work. fj 3.4.1.1 Thc Architect shaii provide administration of the Contract between the Owner and the Contractor as set QI df *IAQ 0 Afu'~III.IQ 'd dr IAQ 0 0 —.d C 4 P 7 fd.''dd .—fa ~C ufff-I.IAO Au7 00777-I ntodifieattengehatt-net atfec+the-ArcM~rsdeegundeyshf~nt-un/egg-the-OAWter-andstse-rtfyehiteet antendshts-Agreelneltt-.Contrector. PAGE 5 0~II i~hi h ~dhi ' I II 0 Id d Addf I I 0 Additions snd Dslstions Report for AIA Document 6104'"-2007.copyngnt e 1974,1978 1987,1997 snc 2007 by The American Inssruts of Archilscts.Aa rights reserved.wARNING.This AIAA oocumsst is prolsctsd by U.s.copyright Lsw snd Intsrnstionsl Treaties Unauthorized fsproduction or d stributfon of ofis AIAC Docurnssl,or sny portion of It,msy result in ssvsfo civil Qnd crfminsl pcnsltics,snd wal bs prosscutsd to th»msxirrium sxtsst possible under the lsw.This document wss produced by AIA software sl 10 43 14 on 08/15/2015 under order No 4174838109 I wh ch expires on 03/18/2018 snd Is not for resale User Notes:(11981828311 tj 4.22 The Architect hah included in Basic Services f —+I~ca 10 site visits over the duration of the Project during construction.Thc Architect shall conduct site visits in excess ot that amount as an Additional Service. tj 4.2.3 lf the services covered by this Ameement have not been completed within twelve (I 2 )months of the date of this Agreement,through no lault of the Architect,extension of the Architect's services beyond that time shall be compensated as Additional Services. PAGE 7 tt-7-.2-'VHCArehheetands~-*Beenstdtsnts shag--their-respective instr-mne ',''.'BgsandgpeeiftestienamndshsH-retain-SH-eomtnen-hsw-,statutory-tmd ether-reserved-rights —,including-cepyrlghto-Sub erviee-te-meetoffteial rcgulatoryeequh'ements-Bsfe~ufpeSOS-ineenn66tiefl-wit4 thm Pfejeertgntngtbbceenstyuedaspubtieatien in-dere '.'*Itectand-tbBArehhcm-'5-consuhama utknvef-this-Agre entent-,thoAFehhcetgntntsgothe-t7wnenaeienexetusivC-VICensate-use-dyo Arehiteetts-lastrmnen .'.'Fptnpescsofoonstyuethwmusing,—ma'nftainhw-,fdtcrtng andaddle tothe-Prejeetprevsded-thatglte-OvmersubstandaHype~s-ebtnmthltts;htehxthtgprentpt-paymem ofaHSums-Wheiedue,-tnider-this xt&meemenuTHOAreltiteesshaH-obbnbt-sinti~ushe-Vieenses-fyent446 Arc~nstittantseensistcnt-with.this-rlcfeemennThegeensegmntedundel-thiseeofion pertnits-thc-Gv/ncf-to autho~nuaegot —,Stibeemraetefs —,Sub-subeentraetoyb —,and-materia I-ef-CquipmenteuppHCTO —,as-wet tag-the efsctorCPFOduee-CPPHCah le-PertienS-ef-thehfsnuments-OVSCFVSCC-Setety andcxehmivelyfesuse-ln-performing-servises-or-genstrueden-ter-the-project-.%the Arehiteet-rigjufuHygcrmhistes thts-Agreemenbfer-eausents-provided-IIFSeeuon-tb4;thcgeensegrsmed-In-this —S6etten —7—.3-Shall-terminatm e-rvice-witheut-rctalntngauthenof-the-Instrennentsvyf Service,—the-Gtvner releases-the-'''IFFBHolaifnscndoausesofeethtnayislfw treIR-site .,Bbpermittc~uythcf~t6.md m-al I-etysts-andoxpenses —,IB64difn the-eostof-defense;m~ms-tmdcauses Bfaetien-asserte~third-person-or entity to-tbc-Oxtenggu646ostsand-expcnsesorise-from-the Qwnergs-use ef ttte-Instrumeutoof-Senviec-under-thIBScetien-7 —.3-.4-T .''.'..THRet spptysf the-Owner rightfttl.ly terminatesthIBAgreemenrfbreausaunder —Scetien-%4: ~gxeept-Ibr-the-~gmmed-InghisAF~etherheenseer Fight-shaH-bc-deemedgranted-Br-impfled tutder-th~.',te-,subVIconserptedgu-er-ethepwlsc-traftsfbpdmy468ns8 Fty-vddteut-the-pFIOF-wrinen-Bbmeentent-of446-Afe '.'.4e htstrumenbsof!Ierx ieeehag-bast-thoownergeete+Ish-attd-without-Habghy-tothoArehheet-and the-Arch hcc+'6 II-$4-.2dpe-theestenbdninageSBFOCOVCred-by prOperty IOSUFanee;thevthunerand-Arehiteet-Wai VC-ag riohtaagainat each-ether-nndamoos~torsceonsultantsr-agents attd-cmpteyecsntftheexhcpfordamngemmxecpt-such Fights Is-theym~tbopfee~-Suehtnbufangmmsset-ferth in AIA-Qoeumet t .VII~QQG,—Standard +ofAgrcemeni-Betwecit-ovsney-and-centeaetoy-fenti-pfej~titedseepe.—Thc-stwnerot-the-Architect —,as appropreate;Shalkrequlrevyfthecmitraotefsreensultants;a ~ptoyeesof any ofthetnsimHBFnvaitmroin fever of-dteotttcr-paytlesefmmerat~ Thsvhrehitec+oltfhg)twterwaive conscqUentml (kBnages for-eIBBR5-,-disptucs-or-ether-tnsttcrs-inquestton arisingoutefor-relating-te-this-Agreemenb-3-'4 ~aiVCT -IS-Bppgeabte;whhout-Hmhatien-toaH-conscquendst dame mgduetoeitheFPSFty-'5-tennlnatien-Of this-F&oreement —,OXCCPFBS-SI366IVICBHy~ld~enqtb Additions and Deletion s Report for AIA Document B104'"-2007.Copyright 6 1974,1979,1957.1997 arid 2007 by The Amencan Irlstitute of Architects Aa rights reserved.WARNING:This AIAe Don/ment is protected by U.S.Copyright Law and International Treaties,unauthorixsd reproduction&or distribution of thfs AIA4 tlocumant,or any portion of d,may result in severe civil and cdiminal penalties.and will be prosecuted to the maximum extent possible under the taw 1 his document was produced by AIA software at 10 43 14 on 05/15/2015 under order No 4174535109 I which exp res on 03/15/2015 and is not for resale User Notes:(1196152531) PAGE 8 [X ]Litigation in a court of competent jurisdiction PAGE 9 $9.7 Termination Expenses are in addition to compensation for the Architect's services and include expmlses directly attributable to termination For which the Architect is not otherwise cempensated,pius-an anteunt-fer-the Arc~ntieipated-prof pehhec+compensated. tj 10 2 'I'erma in this Agreement shall have the same meaning as those in AIA Document A 107-2007TA101 —2007 Standard Form of Agreement Between Owner and Gentyaeter Fer-~ef-Iolmited-Seeps:Contractor. PAGE10 ~ilourl in accordance with Architect'6 Standard~Houri:Rate,sheet attached gs Exhibit A to a maximum of $33 000 Architect's consultants shall also be billable on this basis Houri in accordance with Fhhibit A 2015 Hourlv Rates. I-lourl in accordance with Exhibit A 2015 I.lourl Rates. $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 %),or as otherwise stated below: I'I—'Fi-.g-V/hereootnpensat' eftsafhnt-Fer-each-phaseeI-'seyviem-shall-Iteas-fegewsf Design-Qevelepment-Phase mt ien-Documents Phase CfxtstfuetienPhase Tata l-Basic-Cmnpensation enehtmdfed percent —F 100 'hen-ee heAUGF andfuvf peyiituts-ef Ihepfeje ~etherwiaenet-eenstyueted —,aempenstuion-fef-thesepeytiensefthepfej~payable-to the-extent sepviees-areperfe ',''''en-l-l-.d-based-en-FI+Ihe lewesl-bene-tide bid er-negetieted-pfefpesaI —.Df-F23-I F»e-such-bid er-preposat Is-reeeived,—tire mast-recent-est hnate ol' the-Cast-ef-the-Aleph-fersueh-portions-efshe-PrejeetsNheArchheetwhatt-be-entitled te compensation-in Teeerdanee with-this-A t-the-Censtru ~cia-eennneneedx See Exhibit A.2015 Hourlv Rates. Addibons «nd oeletrons Report for AIA Document 8104'"—2007.Copynghl D1974,1978.1987 1997 and 2007 by The American Insbtute of Architects.Ag nghts reserved.!NARNINGi This AIA'Document is protected by U.s.copyright Law arid Internatmnal Treaties.Unauthorized reproduciiori or distribution of this AIAs Document,or sny portion of it,inay result in severe civil and criminal penaitres,snd wilt be prosecuted to the maximum extent possible under the lew.This document was produced by AIA software at 10 43114 on dsrl sf2015 under Order No.4174838109 I which exprres on 03II 8I2016,and is not for resale user Notes:11196182631) Employee.er-Category esgriffstanee sar vices»dedicated-dateendeemt»uftfeatiensefvfeeariefeeeftfer~ sne9,wtn4(BR tp Beets .5 Postage,handling and delivery; -.IF—Ey pense4rf-even~~tftepleedriltritd&hsnembyutfIO.Qvvnet'-; .9 All taxes Icvie&f on professional services and on reimbursable expenses; FTO-—SiteeNe.expenses;and tf 11.8.2 f'or I(eimbursablc Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus hve percent (5 'rg)of the expenses incurred. 5—tMCCOPENSATIQN —FZR-4SE—OF—*R~gfS~TS-QF—SERVICE BQwneytenttinstesdfte-Araftftect fer-iteeonvenienee-u .,Fehfteetten»htatesdhis Agreenteltt-under-Seat)en-p-.3—,the-owaeyshalf-pay-Blfeensfngfee-as-eempensatfotv fef dte-otvneraeetttfnued Use-ef the AFIRN teeps-IIR~tg.andnFIBRltaHTIRN"th epee fec+Bs (I 11 10 1 An initial pay»ant of 20/o (5 0 )shall be made upon execution of this Agreement and is the minim irm payment under this Agreement It shall be credited to the Owner's account in thc tinal invoice. f'I 11.10.21'nless otherv;ise agreed,paynients for services shall be made monthly in proportion to services perl'armed.Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid ~thirt ()0 ) days after the invoice date shall bear interest at the rate entered belo&v,or in tho absence thereof at the legal rnte prevailing from time to time at tlhe principal place of business of'the Architect. (lnse//rv f8 Vf /nv nfl 1fy 0/'flier&I&I(/rlfdfesf ugl'&I.d upvn) PAGE 11 Not apghi,abl&u Exhibit A.20 I 5 Houri @ates. David).Harrison Princi al Additions and Ueletions Report for AIA oocument 8104'"-2007 copynght 0 1974,1978.1987.1997 and 2007 by The Amencan Instilute of Architects Aurightsreserved.wARNING:Tins AIAe oocument is protected by U 8.Copy/ight Law and international Treat/as.Unauthorized mp/oductfon ordistributionofthisAIAeoocurnent,or any portion of it,may result m severs civil and criminal penalt/es,and will be prosecuted to tne maximumextentpossdusunderthetaw.Thrs document was produced by AIA software at 10.43 14 on 08/18/2018 under order No.4174838109 1 which expires on 03/1 8/2016.and is noi for resale User Notes:(1198182631j Certification of Document's Authenticity AIAtg Document D401™—2003 I,,hereby certify,to the best of my knolvledge,information and belief that I nested the attached linal document simultaneously with its associated Additions and Deletions Report and this certi lication at 10'I43:14 on OS(15(2015 under Order bio.417483810/7 I fi om AIA Contract Documents sottware and that in preparini the attached linal documenr I made no changes to the original text of AIA Document 8104™—2007.Standard Form of'Agreement Between Ownerand Architect for a Project of Limited Scope,as published by the AIA in its sottware,other than those additions and deietions shown in the associated Additions and Dcletions Report. (Signed( (T(/(0) (Drr(cd) AIA Document D401'"-2003.copynght o 1992 and 2003 by The Amencan institute of Architecfs.Ag rights reserved.wARNING:This AIA Document Is protected by U.s.copyright caw and liiternational Treaties.Dnauthorr/ed reproduction ordistribution of this AIAe oocumeilt,or any portion of n, may result in severe civil and criminal penalties,and will be prosecuted to tire maxsnum extent possible under the faw.This document was produced by AIA software at 10 43 14 on 05/1 6/2016 under order No 4174838109 I which expires on 03/I 8/2016 and is nol for resale User Notes: i11961826311