HomeMy WebLinkAbout2016-04-20 PACKET 00 SPECIAL MEETING 01.B. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # � �
DATE 04/20/16 �
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PREPARED BY: Public Safety Craig oolery "
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST:
WORKSHOP — HERO Center Memorandum of Understanding
SUPPORTING DOCUMENTS: �
MEMO/LETTER:
RESOLUTION:
ORDINANCE:
ENGINEERING RECOMMENDATION:
LEGAL RECOMMENDATOIN:
OTHER:
ADMINISTRATORS COMMENTS:
�{-ls l�
City Administrator Date
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Cottage
J Grove City of Cottage Grove Memo
�he�ePrideandP�OSPerityMeei public Safety — Police/Fire/EMS
To: Honorable Mayor and City Council
From: Craig Woolery, Director of Public Safety C'�YI�
Date: April 13, 2016
Subject: East Metro Public Safety Training Facility (HERO Center)
SUMMARY
Cottage Grove Public Safety and Woodbury Public Safety began discussions in 2011 to
plan for our future training needs. It was identified that no comprehensive public safety
training facitity exists in the east metropolitan area. The City of Cottage Grove passed a
resolution on June 19, 2013, to request state bonding funds to design and plan for a
training facility.
On June 13, 2015, the Minnesota State Legislature and Governor approved and
amended the bonding appropriation to the City of Cottage Grove in the amount of$1.46
million for the predesign, and design of a regional public safety training facility to be built
in Cottage Grove. The amended bonding appropriation does not require any
contributions from non-state sources, nor does it include MnSCU as a partner in the
project. This appropriation is not available until the commissioner of management and
budget determines that the City of Cottage Grove and the City of Woodbury have
entered into an agreement for operation and management of the HERO Center
(Memorandum of Understanding/MOU).
In February, 2016, request for proposals (RFP's) for were solicited from professional
service firms for the pre-design and design of the HERO Center. The HERO selection
team committee, comprised of key staff from both the City of Cottage Grove and the
City of Woodbury, reviewed submitted RFP's, and interviewed the top three firms. In
March, 2016, the HERO selection team committee unanimously selected Leo A. Daly as
the preferred professional service firm for this project. (See attachment "HERO Center
RFP packet" for full scope of services to be completed in the pre-design and design of
the HERO Center).
BACKGROUND
The cities of Cottage Grove and Woodbury are unique in that they provide police, EMS
and fire services using a public safety model. This allows all disciplines to work
cooperatively to serve our citizens while reducing costs through shared services. In-
service training is a critical component of a successful public safety model. In order to
provicie high quality public safety services, it is erucial that c�ur staff regularly trains
together as an in�egrat�d service.
As public safety educa#ion c�ntinues ta �val�re, the use of immecsive, realistic scenario
based tr�ining is increasingly utilized as an effective way tcr prepare pc�lice offic�rs,
fire#ighters and EMS staff far their real world encaunters. Scenario based t�aining
includ�s realistic patro) situatic�ns, emergency driving simulat�on, "Simunitic�n" nt�n-letha�
firearms training, 3�0 degree videa firearms simulation, and EM� medic�l respanse
labs. ln scenaric� based training, studen#s �r� able to experience problem solving and
real stress in a safe and controlied environment. Instructars are able to accurately
assess our real worid tactics and capak�ilities. Pubfic safety adrninistratt�rs are able to
use this data t� devel�p p�►licy, limit our liabilities and insure effectiveness and
efficiencies in our service delivery.
As we anticipate a greater use af scenario based #rainin� in the future, we alst�
recogni�� t�at the current facilities a�railable fc��- hasting this type of educatiar� are
insufficient for meeting our needs. The Ramsey County Sheriff's C3ffice no longer has
their scenario ba�ed training roam available since it has b�en repurposed into ct�unty
offices. This, and ather experiences with F2amsey County, has demon�trated the need
ta be a partner agency rather than a customer agency. Fe�tures critical to aur
successful training have disappeared in fiavor c�f other county priorities, Items as
fundamental as repair and mainter�ance of the fir�arms range are at the will of the
praviding agency and have resulte�i in years of cielays wi#h nc� ability f�ar our ageney tc�
change outcame�. V1le underst�nd that Ramsey County can and sf�ould dictate what is
in their best interest and that we are warking under � c�ntract that was written over 13
years ago before scenario �ased training truly b�came a public safety industry
standard. B�t the result is that we rnust regularly Ic�ak elsewhere#o accomplish our
training rreeds.
This assessment led to aur discussions with Wc�c�dbury, wher� we foun� that o�r
experiences are not uniqu� and, irt fiact, shared by �;dueational institutions speciafizing
in pre-service education and training as well as area medical providers. As partn�rship
discussions progressed, we discovered that the �tate of Minnesota recommends a
regianal multi-disciplinary approach tc� public safety training facili#ies. The May 2009
Minnesota Department of Public Safety study"Training Facilities Needs Ass�ssment„
alsa �oints t€� a significant deficit in such training facilities ir� the Twin Cities East
Metropolitan area. The cities of Cc�ttage Crove and Woc�dbury have taken t�re lead in
addressing this regEonal issue. �ottage Grove has dedicated a site, sought and �ecured
partnerships, and have successfuEly abtained the apprgval of state bandin�
appropriations�or p�annir�g and design.
The steadfast work af Representative Dan Schoen shouic� b� r�cognized as he
introduced and carri�d the HERfl Center bill through the House. S�nator K�ti� Sieben
was also instrumental in the suppart of this �raject. From the beginning, the HERa
project received bifat�ral support in the House with Representative Denny McM1lam�ra
also in favor. As a result, Cottage Grave has dedicated two patential site optic�ns. The
lacations next to Fire Statian 2 at 8�4'I 8{}�� Street, and the Civic Campus at 126�C�
Ravine Parkway Soutfi� would each be evaluated tc� d�termine the best locatic�n,
By becoming a lead in this project, we wili be abie to#a�Ce an active rale in the planning,
desig� and implementation of a cc�ilabc�rative interdisciplir�ary public saf�ty training
facility. As a growing city in the regian, it is essentia! that the Gity of Cottage Grove
capitalize or� this unique opportuni#y to assure that c�ur public safe�y�rain�ng nee�s and
the needs of our neighbaring communities will be met as our city and the regic�n �rows
ta maturity.
BUD�ET IIVIPACT
The State af Minnesata bonding appropriation af$1.4� miElian does nat require �ny
contribution from non-state sQurces. If this fa�ilEty moves forward inta cor�struction,
another request for s#ate bortding would commence and the ci�ies' financi�l shares
woulc4 be determined at that tim�.
The Cities af Cottage Grove and 1Noadbury will be responsible fc�r the initial payment for
the pre-design and design wc�rk of the HERC� Center �50150 spli#) as the Grant
distributes funds thraugh a reimbursement process. Per the disbursement rules of the
Grant, the draw requisitions shall be limited to amc�unts equai t� th� porti�n of the
pred�signldesign activities #hat has been cc�mpf�ted since the ��abmittal of the last prior
draw requisition. lnitia� funding would be available frc�m existing fund balance in the
Capita! Improvement Fund, Dcaw requisi#ions will be req�ested by th� City of Cc�ttage
Grove as the Grant was awarded �olely to us. After we reGeive each draw
reimbursement, we shall transfer 5Q% of the proceeds tcr the City of 1N�odbury.
The Cities of Cottage Grove and Wc�c�dbury have entered into a professi�rnal services
cc�ntrac� with Interact Business Grou� (IBG} to dev�lop plans far non-eligible i#ems of
th� projec#that were autside the scope of the Grant. The services will include the
develapment af a daily operatic�ns p1an, governance plan, financial assessment {a & M
only}, benefit analysis, and funding str�tegies. The total cc�st for this professiana!
services con#ract is $2C1,E}t�0, which is dividet� 5(}150 betweer� the cities �f Cc�fitage Grc�ve
and Woodbury. Cattage Grave's �ost fcar this professic�na� s�rvices� contract is $10,tJ00.
Th�;se f�nds are within th� existinc� vperating funds of the Public Safety budge�.
PUBLIC PROCES�
Public meetings for the variaus stages �f this project thus far include:
Rpril 97, 2013 Cottage �rove Cauncil Meeting — Request for fundingJapproved
June 19, 2fl13 Cc�ttage Grove Council Me�#ing — Passed resolut�an ft�r bonding
ftands
{�ct€�ber 29, 2013 House �ap�tal Investment Gommittee bor�ding request presentation
Ocfiober 20, 2t}15 Joint Council wc�rkshop {Cattage GrovefW4odbury}
2013 - 2(l�� Disc�ssed during Ct�ttage �rove's Budt�et prc�cess added ta the
GIP; as well as �resentatM�ns ta Public Safety, Health and Welfare
Cc�mmissio� meetings
REGOMNIENDATIt�►N
�#aff Es s�eking authc�rization from tf�e City Council to prepare a resolutiort and letter�rf
intent to:
1. Apprt�ve the submissi�n of documentatic�nlbusiness plan tcr satisfy the
requiremet�ts of the Grant agreement; and
2. Approve entering ir�tc� an agreement (IVI{�U}for operatiean and managemen#of the
HER4 Center with the City af V11c�o�iburyr and
3. Authorize the City Administratc�r to�nter inta a professic�nal senrices cantract
b�tween the Cities of Cc�ttage Gr�ve and W�acac�bury, and �ec�A. Daly for their
professian�l services for the pre-t�esign and de�igr� c�f the HERC� �enter.
Attachments: 1. HERQ Center F2FF� �acket
2. �raft Qf Memvrandum c�f Understanc�in�
3. Draft prfl�'essic�na� servi�es cQntract
4. HERt� Gen#er project sc�edul�
Health and Emergency Response
Occupations ( HERO) Center
REQU EST FOR PROPOSALS
For Professional Services
February 5, 2016
Cotta e ����
� Grove CITTOF •� ��
� Q�pSperity Meet �OO �
here and ry
Pride
Page 1 of 13
HERO Center—RFP February 5, 2016
Contents
INTRODUCTION ......................................................................................................................................................3
PURPOSE.................................................................................................................................................................3
PROJECTDESCRIPTION...........................................................................................................................................3
Special Consideration-87a.09 Public Shooting Ranges Accessibility..............................................................4
SCOPEOF SERVICES................................................................................................................................................5
Step1..................................................................................................................................................................5
SustainableDesign..........................................................................................................................................5
SitePlanning...................................................................................................................................................5
Space Allocation and General Cost Estimate.................................................................................................5
SchematicDesign............................................................................................................................................5
PublicPresentations.......................................................................................................................................6
Training Center-Subject Matter Expert........................................................................................................6
Step2..................................................................................................................................................................7
Architectural/Engineering Design and Specifications...........................................................................................7
ContractAdministration.................................................................................................................................7
PROPOSAL ELEMENTS AND FORMAT....................................................................................................................8
Letterof Transmittal.......................................................................................................................................8
Tableof Contents............................................................................................................................................8
Approach&Work Plan...................................................................................................................................8
Business Organization & History....................................................................................................................8
TeamIdentification ........................................................................................................................................9
InsuranceRequirements................................................................................................................................9
Project Examples&Supplemental Information............................................................................................9
AdditionalInformation................................................................................................................................. 10
SELECTIONPROCESS............................................................................................................................................. 11
PAYMENT.............................................................................................................................................................. 12
Page 2 of 13
HERO Center—RFP February 5, 2016
INTRODUCTION
The Public Safety agencies of Cottage Grove and Woodbury (MN) (the Project Team) have identified a
serious lack of training facilities adequate to meet the ongoing needs for training in the region. We
have received a grant through the Minnesota Legislature for planning funds for this facility (Health
and Emergency Response Occupations: HERO Center). The HERO Center would allow the project
partners to work in collaboration, sharing the center for pre-employment, continuing education, and
in-service training for continued licensure within Emergency Medical Services and Law Enforcement.
This joint venture may include relationships with multiple partners including State Universities,
regional medical providers, and municipal public safety agencies.
The Project Team is requesting proposals from professional services firms for design and engineering
of the HERO Center. Proposals must be received by the City Clerk's Office, Woodbury City Hall,
8301 Valley Creek Road, Woodbury, MN 55125 on or before 2:00 p.m. on Thursday, March 11, 2016.
Proposals must be enclosed in a sealed envelope or box and clearly labeled "Proposal for Professional
Services for HERO Center." Please also list the company's name and address. Further requirements
are described in the "Conditions of Proposal Submittal."
The City Clerk's Office will receive, date, and time stamp all proposals. Proposals that have not been
received by the deadline set forth above, as determined by the City Clerk, will not be considered. The
City is not responsible for delays occasioned by the U.S. Postal Service, the City's internal mail
delivery system, or any other means of delivery employed by the firm.
PURPOSE
The Project Team is soliciting proposals from professional service firms who desire to design and
engineer the HERO Center project. Because of the complexity and specialization of this project, the
Project Team anticipates proposals received may include joint venture arrangements between: a
professional services firm and its sub-contractors with in-depth experience working with the cities
Cottage Grove and/or Woodbury and its development processes, requirements and recent
experience with public safety training projects.
The Project Team intends to award the work to a firm and/or team of companies (Firm/Team) that,
will best serve the cities of Cottage Grove and Woodbury best interests.
PROJECT DESCRIPTION
Cottage Grove/Woodbury wishes to develop a regional public safety training center to meet the
needs, which are anticipated to be further established by the Firm/Team after analysis. The
Firm/Team will be asked to conduct a needs assessment, provide a concept design, describe
suggested site plans, a marketing/educational package with corresponding PowerPoint slides (for use
by Cottage Grove/Woodbury and public safety officials to educate elected officials and other
constituencies), preliminary cost projections for this project, and process for the development of the
training center. The needs assessment should consider the possibility of revenue generation through
use of excess facility capacity by non- Cottage Grove/Woodbury agencies, including public/private
use, if contemplated capacity will allow. Cottage Grove/Woodbury members have identified the
following components that should be included in the training center:
Page 3 of 13
HERO Center—RFP February 5, 2016
Lobby/Reception area Shooting Range staging area
General Office/Administrative spaces Shooting Range storage
Break room/eating space with small Small Ammunition storage
administrative kitchen
Locker, shower, and lavatory space Weapon cleaning area
Multi-use classroom dividable to seat Driving simulators
100
Defensive Tactics/Use of Force mat Defensive Tactics storage area
room
Medical simulation rooms (2) with Studio for audio/video recording for
control rooms and exterior loading information sharing
docks
Receiving bay (ammo/supply delivery) Space for storage of vehicles (auto, fire-
rescue-EMS)
Shoot—Don't Shoot Simulator Room "Fit for duty" obstacle
course(Police/Fire/EMS)
Shooting range capable of conducting
satellite information sharing handgun
and long gun training, including moving
and turning targets, with appropriate
ventilation and other safety standards
required by law, regulation, or industry
best practice.
Special Consideration - 87a.09 Public Shooting Ranges Accessibility
(a) A publicly owned or managed shooting range located in the seven-county
metropolitan area that is funded in whole or part with public funds must be available
at least twice during the spring and twice during the summer for use by participants in
a Minnesota Department of Natural Resources firearms safety instruction course
under section 97B.015. The shooting range must be available during hours reasonable
for youth participants. The range operator may charge a fee to cover any costs
directly incurred from use required under this section, but may not charge a fee to
offset costs for general maintenance and operation of the facility.
(b)This section does not apply to cities of the first class or a shooting range located on
the same premises as a correctional or detention facility that holds or incarcerates
offenders.
The selected Firm/Team may add to the above list as established by the needs assessment conducted
as part of this project. The training center should be designed as a secured facility which will not be
staffed or occupied 24 hours per day, but which may be utilized at any time of the day or night.The
needs assessment should consider controlled access entry points and service areas to allow for
simultaneous public/private and sworn personnel use.
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HERO Center—RFP February 5, 2016
SCOPE OF SERVICES
The Project Team has prioritized its vision of this project as a two-step project projected to be
constructed in 2018. The selected Firm/Team may suggest alternative phases based on efficiencies of
construction and need.The Project Team plans to continue at its discretion into the second step with
the Firm/Team chosen in the initial selection process.
Step 1
Sustainable Design
Cottage Grove/Woodbury desires to incorporate sustainable design elements into this project by
considering the Minnesota Sustainable Building Guidelines from design through construction.
However, there is no requirement to formally follow or document the process, only to give
consideration, initiate discussion and formulate decisions with regard to each of the guidelines.
Cottage Grove/Woodbury is interested in using sustainable building materials where practical,
geothermal for heating/cooling and solar photovoltaic for supplemental energy production and other
sustainable elements as determined to be feasible through the design process.
Cottage Grove/Woodbury may require participation in the Xcel Energy Design Assistance program
with the goal to design a building that can save 30%on average compared to baseline energy code.
Site Planning
Minimal site work is anticipated for this project as the necessary infrastructure including storm water,
sanitary sewer and transportation is in place to accommodate this project. The primary design focus
will be the connection to the existing systems already in place and to conform to changes as
necessary. The current proposed site address is 864180th Street South, Cottage Grove, MN 55016;
however, an alternate site may be considered pending the Firm/Team's recommendation.
The selected Firm/Team will work within the city of Cottage Grove's Master Plan (since the site is in
Cottage Gove). Traffic engineering support necessary may be available from the City, but assume the
need for a formal traffic impact study in your firm's proposal. The work is to be developed in
conformance with existing City development planning standards and requirements.
Space Allocation and General Cost Estimate
The Firm/Team selected will be responsible for interviewing Project Team Staff, including but not
limited to police officers, City facilities management staff, City engineering, etc.The Firm/Team will
confirm and refine the space allocations and functional programming assumptions for final approval
and incorporation into construction design. The firm will also provide a listing of probable
construction and equipment cost estimates.
Schematic Design
In conjunction with an overall site plan and approval of a "Design Report", the Firm/Team will be
responsible for the preparation and presentation of schematic design documents consisting of
drawings and illustrations indicating, without limitation, the following: (1) interior and exterior
architectural character; (2) interior space relationships considering movements and function;
(3) appropriate HVAC, electrical, lighting/daylighting, and mechanical systems; (4) structural systems;
Page 5 of 13
HERO Center—RFP February 5, 2016
(5) interior and exterior acoustical engineering, measures, and mitigation; (6) external and interior
pedestrian circulation; (7) appropriate fire protection and security systems; (8) landscaping and
irrigation; (9) traffic patterns and access to the HERO Center and arterial streets; (10) environmental
impact and compliance; and (11) handicap accessibility.
Public Presentations
The Firm/Team will be responsible for participating in anticipated future public presentations,
including, but not limited to; one neighborhood presentation for the Cottage Grove area; two joint
city council meetings between the cities of Cottage Grove and Woodbury; and State of Minnesota
legislative meetings.
Training Center- Subject Matter Expert
The Project Team have identified Interact Business Group (IBG) of Valley Center California as the
nationally recognized authority for public safety training center specialized training equipment and
strategic programing. In this role the Project Team has established IBG as the preferred vendor for
the scope of service items listed below.
1. In order to understand the training needs and design program, IBG will create a detailed
analysis of each project stakeholder and their training facility needs. The analysis is to include
a detailed overview of each stakeholder's city and public safety department. This analysis will
consider and address information as applicable contained within the following documents:
• Pillar 5: Training and Education:
President's Task Force on 21st Century Policing. 2015. Final Report of the
President's Task Force on 21st Century Policing. Washington, DC: Office of
Community Oriented Policing Services.
• Police Executive Research Forum (PERF): Critical lssues in Policing: Re-Engineering Training
on Police Use of Force. August, (2015).
2. IBG will determine the specialized training equipment model/type, size/capacity, budgetary
cost that best matches the need of the Project Team.
3. Identify industry leading suppliers and manufacturers of specialized public safety training
equipment. IBG will identify, at minimum, two suppliers for the following specialized training
equipment items.
• Shoot, Don't Shoot Simulation Equipment
• Associated shooting range equipment such as target systems,ventilation equipment,
weapon cleaning equipment
• Driving simulators
• Medical simulation equipment
• Others as determined (for example; drill tower, other specialized training props, etc.)
• Scenario bay with moveable wall systems
4. IBG will verify that specialized training equipment meets local, Minnesota Board of Peace
Officer Standards and Training (POST) and federal standards.
Page 6 of 13
HERO Center—RFP February 5, 2016
5. IBG will assist with preparing, reviewing, short listing, and interviewing for selecting
specialized equipment sub-contractors, for example range targeting manufacturers.
6. IBG will participate in the interview selection team as a voting or non-voting member as
determined by the Project Team. IBG will provide the interview selection team
recommendations for selection based on presentations, presented ability, and question
response.
7. IBG will assist the Firm/Team to develop the training center design, space allocation and cost
estimate such as determining the number of classrooms, number of range shooting positions,
etc. (see above "Space Allocation and General Cost Estimate").
8. IBG will assist the Firm/Team with a project phasing plan based on need and priority.
9. Based on past projects and national experience, IBG will provide guidance and
recommendations as needed to the selected fire/team.
These recommendations (Step 1) are to be presented as a Design Report for review and approval by
the Project Team. The Design Report will include presentation materials required to share the vision
of the project team with the Cottage Grove and Woodbury City Councils, as well as other public
presentations. Presentation materials are to include, but not limited to; detail color renderings of
interior and exterior plans, and a detailed PowerPoint and/or video representation of proposed plan.
Step 2
Architectural/Engineering Design and Specifications
Based on decisions and approvals made by the Project/Team, the Firm/Team will be responsible for
the preparation of detailed drawings, specifications, and projected cost of construction work and any
new equipment required. Additionally, the selected Firm/Team will be responsible for, without
limitation, the following: (1) present drawings and specifications for approval to the Project Team and
to any other agency which has regulatory interest in the project; (2) prepare proposal documents;
(3) assist the City in the preparation and award of the construction contract(s); (4) make routine
(likely daily)visits to the construction site and consult with the City and contractors concerning
progress; (5) actively participate in (at least) weekly meetings with the contractor and the City;
(6) provide the City with accurate (Mylar reproducible) "as built" drawings of all construction; and
(7) provide all final drawings on AutoCAD Release 2010 (or newer).
Contract Administration
This service will include, but not be limited to: (1) approval of shop drawings; (2) inspection and
approval of materials used for construction and their compliance with approved shop drawings and
specifications; (3) review and approval of all applications for payment; (4) provision of regular reports
to the City concerning construction progress and quality of the work; (5) review and recommendation
of approval/denial/modification of all change order requests; and (6) final inspection (including punch
list) and recommendations for project close out.
Page 7 of 13
HERO Center—RFP February 5, 2016
PROPOSAL ELEMENTS AND FORMAT
Firms/Teams interested in the work described in this Request for Proposal should submit a proposal
that includes, at a minimum, the following information:
Letter of Transmittal
1. Identify the name of the project
2. Company name, address, and main telephone number
3. Name and title of lead contact person, along with their direct telephone number and email
address
Table of Contents
1. Include a clear identification of the material by section and page number.
Approach &Work Plan
1. Written narrative based on the understanding of the project goals and objectives, including a
detailed explanation of the overall approach to be taken to complete the project and a
detailed work plan. The work plan must contain a description of each task to be performed,
identify the interrelationships among the tasks, clearly identify major review and decision
points, and specify the deliverables and work products for each task. The work plan must
address, at a minimum, each of the items outlined in Step 1 and 2 in the Scope of Services
section, of this RFP.
2. Quality Control Ability: Response must demonstrate firm's ability to provide quality control
oversight of activities throughout all phases of the Contract. Describe the method(s) your
proposed team will employ for this project to deliver highly accurate and comprehensive
report as per scope.
3. Draft project schedule.The proposal must identify the major tasks and dates of
accomplishment. The schedule must indicate tasks that the City wishes the consultant to
complete. Initial work should be initiated within two weeks of the execution of the contract
and diligently performed thereafter. The schedule will be monitored by Cottage
Grove/Woodbury to evaluate the consultant's performance. Any deviation from the
milestones as proposed by the consultant shall be approved by the Cities of Cottage Grove
and Woodbury. The Cities of Cottage Grove and Woodbury may conduct a kickoff ineeting as
the schedule may be further refined.
Business Organization & History
1. Brief history of the firm (years in business), including list of principal officers, corporate
structure, location of headquarters and branch offices, DUNS number, and ownership type.
2. Identify the number of years the firm has provided similar project, architectural and
construction management services.
3. Identify other services the firm presently provides besides architectural services.
Page 8 of 13
HERO Center—RFP February 5, 2016
Team Identification
1. Identify key staff, consultants and positions for each of the phases proposed for this work.
Include brief resume information focusing on project experience that enhances qualifications
for this work.
2. Provide lump sum cost for each phase of scope of services.
3. Provide hourly charge rates for key staff inembers for project work outside of original scope of
services.
4. Identify project availability during the work and any project conflicts based upon other work
or project commitments.
5. Describe which, if any, portions of the work would likely be performed by subcontractors.
Provide the subcontractor's name, office location, and a brief description of the firm's
experience working with them. List any past project relationships between the lead firm and
subcontractors.
6. This project does not have a disadvantaged business enterprise (DBE) requirement.
Insurance Requirements
1. Provide the name, address, and phone number of the company's insurance agent(s). Provide a
letter from the insurance company outlining coverage and policy limits and indicating the
firm's ability to obtain the required coverage. Please state whether there have been any
claims within the past five (5) years, and if so, the nature of those claims. Required insurance
coverage is expected to be as follows:
• Comprehensive general liability: $2,000,000 (City listed as additional insured)
• Comprehensive automobile liability: $1,000,000 (City listed as additional insured)
• Worker's compensation and employer's liability: statutory/$500,000
• Professional liability insurance: $1,000,000 per claim and per annual aggregate
Project Examples& Supplemental Information
1. Include a list of five (5) clients for which the Firm/Team has performed similar public safety
training center related work that highlight its ability to successfully compete this type of work,
including the following:
• Client name; client project manager (name, title, contact information including e-
mail)
• Name/title of project
• Description of project (functions and capabilities)
• Size of project (square feet/acres)
• Total budget for completion of the project
• Time required for project (acceptance of proposal to completion of scope of
services)
• Letters of recommendation and/or references must also be provided.
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HERO Center—RFP February 5, 2016
2. The Cottage Grove/Woodbury review committee may choose to send a representative group
to one or more of the previous project sites to inspect the facilities.
Additional Information
1. A representative of your Firm/Team who has contractual authority must sign the proposal.
2. Only one proposal will be accepted from any one firm. Subcontractors to the lead firm may be
included in proposals from more than one firm.
3. Each submittal shall be limited to no more than 24 single-sided pages (or 12 double-sided
pages) excluding front and back covers, and using no smaller than 10-point font. Each
response should be complete yet concise and contain only the required elements. Please
avoid submittal of extraneous and unnecessary information.
4. Prospective contractors shall submit nine (9) copies, which shall become the property of the
City of Woodbury. Also, please provide at least one submittal without binders for easier
reproduction.
5. Pursuant to the provisions of Minnesota Statute Chapter 13-Minnesota Government Data
Practices Act ("Act"), all information contained in any proposal is subject to public disclosure
unless it meets one of the exceptions set forth in the Act. To avoid disclosure of trade secrets,
privileged information, or confidential commercial, financial, geological, or geophysical data
("Confidential Information"), the proposal submitter must clearly mark all Confidential
Information as such and provide a written, detailed justification with its proposal of the
protected nature of the Confidential Information under Minnesota law.This justification must
address, at a minimum, the specific competitive harm that may result from any disclosure, the
intrinsic value of the Confidential Information to the proposal submitter, and any safeguards
the proposal submitter uses to protect the Confidential Information from disclosure.
6. All questions and inquiries relating to this Request for Proposals and the HERO Center project
should be directed in writing or email to:
• Woodbury Police Department
• Commander Kris Mienert
• Address: 2100 Radio Drive, Woodbury, MN 55125
• Email: kmienert@ci.woodbury.mn.us
Submitted questions and their respective responses will be made public.
7. No other staff inembers from the cities of Cottage or Woodbury should be contacted about
this project or RFP.
8. Proposals must be received by the City Clerk's Office, Woodbury City Hall, 8301 Valley Creek
Road, Woodbury, MN 55125 on or before 2:00 p.m. on Friday, March 11, 2016. Proposals
must be enclosed in a sealed envelope or box and clearly labeled "Proposal for Professional
Services for HERO Center." Please also list the company's name and address.The City Clerk's
Office will receive, date, and time stamp all proposals. Proposals that have not been received
Page 10 of 13
HERO Center—RFP February 5, 2016
by the deadline set forth above, as determined by the City Clerk, will not be considered. The
City is not responsible for delays occasioned by the U.S. Postal Service, the City's internal mail
delivery system, or any other means of delivery employed by the firm.
9. Any changes to this RFP will be issued in writing no later than seven (7) calendar days before
the due date.
10. There is no expressed or implied obligation for the City of Cottage Grove and/or Woodbury to
reimburse for any expenses incurred in preparing the contract proposal in response to this
request. All information in a proposal response, except for hourly rates or fees, is subject to
disclosure under the provisions of Minnesota Statute Chapter 13 - Minnesota Government
Data Practices Act.
11. It is Cottage Grove/Woodbury's intent to review the proposals conscientiously. Cottage
Grove/Woodbury reserves the right to separate the construction management services from
this project and to award those services to a third party if it is determined to be in the best
interest of the Cities of Cottage Grove and Woodbury.
12. Tentative Project Timeline -The following timeline represents Cottage Grove/Woodbury's
best estimates for the completion of major milestones regarding this RFP:
Key Tasks Dates
Distribution of RFP 2/5/16
Submittal of Questions 2/19/16
Response to Questions 3/4/16
Submission of Proposal Due to Cities 3/11/16
Committee review 3/11-3/16/16
Notify finalists 3/17/16
Interview finalists (At project team's discretion) 3/21-3/23/16
Council Consideration: Cottage Grove City Council 4/20/16
Council Consideration: Woodbury City Council 4/27/16
Contract Signed/Work Begins 5/1/16
SELECTION PROCESS
An evaluation/selection committee comprised of Project Team Members will rate each proposal
based on at least the following general factors: originality and clarity of the proposal; the firm's
organization and structure; experience in projects similar to that described herein; proven customer
service; proven innovation; references; past successful experience in working with municipal
governments, including the City of Cottage Gove and/or Woodbury; the firm's knowledge and
awareness concerning special requirements of this project type and/or municipal projects in general;
and price.
From the complete group of submitting Firms/Team, the committee may select two (2) to four(4)
firms as finalists depending on the number and quality of proposals received. These finalists will be
asked to make thirty (30) minute formal presentations of their proposals and to respond to oral
Page 11 of 13
HERO Center—RFP February 5, 2016
questions from the committee. Finalist firms must refrain from contact with committee members
during the final selection process.
The proposals will be evaluated using, though not exclusively, the following criteria:
1. Company Capability: Does the firm have stability, experience, expertise, and finances to
successfully complete the work? Is the firm located in an area that ensures accessibility and
timely meetings/connections between the Firm/Team and the Project Team?
2. Does the proposed project Firm/Team have the necessary skills and experience to fulfill the
requirements of the project? Have they led similar projects successfully?Are the key team
members available and committed to do the work without being pulled off to another
project? Does the proposed Firm/Team have a proven/consistent pattern of being responsive
and focused on customer service?
3. Subcontractors: Is the type and percentage of work estimated to be performed by
subcontractors appropriate for this type of project?
4. Relevant Project Experience: Has the Firm/Team worked on projects similar in size and
technical requirements to this project? Was this work of high quality in nature? Has the
Firm/Team worked on highly visible projects that require successful public interaction and
communication? Do the referenced projects reflect favorably in respect to completion within
the contract schedule, cost, and number of change orders and claims?
5. Project Communications: How does the Firm/Team handle the various communications
including meetings and project schedule to keep the job running smoothly? It's expected that
nearly all communications on the project will occur digitally (email) and the Fire/Team must
have a proven history of supporting this expectation.
6. Successful Experience with LEED and/or Environmental Design: Does the Firm/Team have a
track record of success in this key area? Has the Firm/Team participated actively in the
process, and did its referenced clients indicate that the Firm/Team is a leader in this
emphasized area?
The selection committee will also check references on the Firm/Team that appear to meet the
qualifications requirements listed in this RFP. At the least, a "Satisfactory" or "Unsatisfactory" rating
will be given for each reference contacted.
Cottage Grove/Woodbury reserves the right to waive any irregularities in a submitted proposal.
Furthermore, Cottage Grove/Woodbury and its representatives reserve the right to reject all
submitted proposals and obtain new proposals, negotiate the requested scope of services and
contract terms, or to request additional information.
PAYMENT
Payment of fees will be made monthly as a percent of each phase completed. The Cities of Cottage
Grove and Woodbury require the consultant to provide an itemized invoice for services performed
and hours worked at the completion date of the work. Any work identified as optional or not
Page 12 of 13
HERO Center—RFP February 5, 2016
included in the Scope of Services shall be listed separately from required work. A total cost not to be
exceeded for all work is required for the proposal. The quoted fees shall include estimated
reimbursable fees for each phase.
Page 13 of 13
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF COTTAGE GROVE
AND THE CITY OF WOODBURY
FOR THE OPERATION,MAINTENANCE,DESIGN,AND CONSTRUCTION OF THE
HERO CENTER
THIS MEMORANDUM OF AGREEMENT, ("Agreement")is made and entered into as of the_
day of , 2016, by and between the City of Cottage Grove ("Cottage
Grove"), a Minnesota municipal corporation, and the City of Woodbury ("Woodbury"), a
Minnesota municipal corporation (each sometimes hereinafter called "party" and both sometimes
collectively called"parties").
WITNESSETH:
WHEREAS, each of the parties hereto has the authority to apply for funding and grants
from the State of Minnesota("State") or other sources, in order to facilitate the predesign and design
a training facility for police officers, emergency medical technicians and firefighters; and
WHEREAS, in 2015, the Minnesota legislature allocated $1,460,000 in State general
obligation bond proceeds as a grant ("G.O. Grant") to fund the predesign and design work of a
Health and Emergency Response Occupations Center ("HERO Center") for the City of Cottage
Grove, and
WHEREAS,the City of Cottage Grove will enter into a General Obligation Bond Proceeds
Grant Agreement—Predesign or Design Grant for the HERO Center Project ("Grant Agreement")
with the Minnesota Department of Public Safety in order to receive the G.O. Grant; and
WHEREAS, prior to the distribution of the Grant, the parties must enter into an agreement
for the operation and maintenance of the HERO Center, which will be located in the City of Cottage
Grove; and
WHEREAS, the parties desire to enter into this Agreement to govern the use, operation and
maintenance of the HERO Center; and
NOW THEREFORE, in consideration of the mutual promises and agreements contained
herein and the authority of the parties to enter into this Agreement provided by Minnesota Statutes,
section 471.59,the parties agree as follows:
1. TERM
This Agreement shall be in effect for five years from the date that it is fully executed. This
Agreement shall automatically renew annually on 7uly 1 of each year, unless terminated by
either party as set forth in Section 12 Withdrawal, or by mutual written agreement of the
parties of Cottage Grove and Woodbury to update the Agreement.
- 1 -
2. OWNERSHIP
The HERO Center will be constructed on real property located in the City of Cottage Grove
that is owned exclusively by Cottage Grove. The HERO Center will be jointly and equally
owned, maintained and managed by Cottage Grove and Woodbury, subject to the specific
rights and obligations related to the use of the HERO Center as specified in this Agreement.
Cottage Grove and Woodbury will exclusively own the HERO Center, including all
buildings, physical structures, all equipment, fixtures and furnishings. Cottage Grove and
Woodbury acknowledge that the costs of predesign and design of the HERO Center will be
funded by the G.O. Grant. Cottage Grove agrees to comply with all the terms and conditions
of the Grant Agreement, and Woodbury agrees to cooperate fully with Cottage Grove in so
complying.
3. ARCHITECTURAL SERVICES AND DESIGN TEAM
a. Contract for Architectural Desi�n Services. Woodbury will cause proposals to be
received by it for professional services for the architectural design, preparation of
specifications, development of construction documents and cost estimating for the
construction of the HERO Center ("Architectural Design Services") and, on behalf
of the Parties, upon confirmation of scope of services to be paid by the G.O. Grant,
Woodbury shall enter into such contract with an architect. The G.O. Grant shall be
used to pay for the costs associated with the Architectural Design Services. Each
party shall pay 50% of the non-grant eligible costs to the extent that the parties have
authorized Architectural Design Services that are outside the grant amount or project
scope. The City of Woodbury shall be responsible for management of the architect
and be the primary point of contact. Woodbury, as design manager, will use
ordinary and prudent efforts to ensure that the HERO Center is designed and cost
estimated in agreement of the project proposals and G.O. Grant. The parties agree
that this contract will not be executed unless each city council passes a resolution
approving the planning (pre-design and design) of the HERO Center. Change orders
that increase the cost beyond the approved project budget shall not be allowed
without the signed consent of both Parties.
b. Disbursement of G.O. Grant Proceeds. Pursuant to the State of Minnesota:
General Obli�ation Bond Proceeds; G.O. Grant A�reement Pre-Desi�n or
Desi�n; Section 5.02 Draw Requisitions. Whenever the Parties desire a
disbursement of a portion of the G.O. Grant, which shall be no more often than
once each calendar month, the City of Cottage Grove shall submit to the State
Entity a Draw Requisition duly executed on behalf of the City of Cottage Grove
or its designee. Each Draw Requisition shall be submitted on or between the 1 st
day and the 15th day of the month in which an Advance is requested, and shall be
submitted at least 7 calendar days before the date the Advance is desired. Each
Draw Requisition shall be limited to amounts equal to the portion of the
Predesign/Design Activities that has been completed since the submittal of the
last prior Draw Requisition. The capitalized terms used in the paragraph only are
-2 -
to be interpreted as they are defined in the General Obligation Bond Proceeds
Grant Agreement.
c. Facilitv Desi�n Team. Each party will assign representatives to a Facility Design
Team who will make recommendations to the Woodbury City Council and the
Cottage Grove City Council regarding the design of the HERO Center, including the
costs related thereto and defining what portions of the HERO Center shall be
dedicated for particular uses, including common areas, for each party's consideration
and approval.
d. Mutual A�reement for Desi�n of HERO Center. If parties are unable to reach
agreement as to the final design of the HERO Center and the cost estimates related
thereto, this Agreement will be null and void at the option of either party upon
written notice to the other. If this Agreement is voided, neither party will be further
bound by this Agreement, except for sharing equally the contractual obligations
incurred prior to the date of notice to render the Agreement null and void.
4. CONSTRUCTION MANAGEMENT
After the parties have approved the final design of the HERO Center, funding for the HERO
Center construction and the cost estimates related thereto, Cottage Grove, on behalf of the
parties, will enter into construction contract(s)for the construction of the HERO Center and
will provide all construction management services and be the primary point of contact
during the construction. The parties agree that a construction contract will not be executed
unless each city council passes a resolution approving the budget and construction of the
HERO Center. Change orders that increase the cost beyond the approved proj ect budget
shall not be allowed without the signed consent of both Woodbury and Cottage Grove.
Cottage Grove, as construction manager, will use ordinary and prudent efforts to ensure that
the HERO Center is constructed in compliance with approved plans and specifications and
completed with all reasonable promptness in accordance with the construction contracts and
schedule adopted pursuant thereto. During construction, Woodbury representatives will be
given access to the construction site at reasonable times. Cottage Grove will make good
faith efforts to notify Woodbury of any items that appear not to comply with approved
plans.
5. TERMS FOR RIGHT TO USE HERO CENTER
The parties recognize that each one is making a capital investment in the HERO Center that
will be jointly and equally owned by Cottage Grove and Woodbury. The Parties use of the
HERO Center must be consistent with its intended use and the Facility Operations Plan.
6. USE, OPERATIONS AND MAINTENANCE
a. Shared Use. Each party shall have an equal right to use the HERO Center as a
-3 -
training facility for police officers, emergency medical technicians, firefighters and
city operations. A Facility Operations Plan shall include criteria for determining
priority of use by each party.
b. Facilitv Operations Committee.
i. Creation and Members. The Facility Operations Committee shall consist
of six members consisting of the city administrator from each city, the
public safety director from each city and one city staff inember from each
city, or their designees.
ii. Terms. Each member shall serve until replaced as determined by the City
Administrators.
iii. Chair. The Committee shall annually appoint a Chair to preside at all
meetings. The Chair shall alternate between a Cottage Grove
representative and a Woodbury representative each year.
iv. Meetings. The Committee shall meet as needed, but must meet at least one
time per year.
v. General Purpose and Duties. The general purpose of the Committee is for
coordinating the j oint use and operation of the HERO Center. The
Committee is authorized to exercise such authority as is necessary and
proper to fulfill its purpose and perform its duties, as provided in this
Agreement or as directed by the city councils of each party. The
Committee or designees from each parry are responsible for the day-to-day
operations of the HERO Center and responsible for the effective and
responsive day-to-day coordination of activities in the HERO Center,
consistent with the requirements of this Agreement and the Facility
Operations Plan.
vi. Initial Duties. The Committee will review and make final
recommendations to the city councils of each party for approval of the
Facility Operations Plan.
vii. Ongoing Duties. The Committee's ongoing duties include, but are not
limited to: meeting annually to review and recommend updates for the
Facility Operations Plan; to resolve disputes that may arise with regard to
the Facility Operations Plan or issues that may not be addressed therein; to
coordinate fees; and to bring issues or recommendations to the attention of
each party for informational purposes or for approval to oversee the
maintenance, management and use of the HERO Center; and to
recommend an annual budget to the City Administrators.
c. Facilitv Operations Plan.
-4 -
i. Operations Plan. The Facility Operations Committee will develop a
written Facility Operations Plan for the day-to-day use and operation of the
HERO Center, including but not limited to: cost sharing and allocation
percentages of operating costs (e.g. day-to-day costs of providing services,
insurance, building maintenance, etc.) above received revenues;
appropriate users; the use of the space for events; the use and maintenance
of the common areas; the use by one parry of the other party's space; hours
of operation; reservations and financial procedures; custodial and
housekeeping responsibilities and standards; building access; procedures
for reviewing and recommending capital improvements; policies for gifts,
donations and grants for the HERO Center; and other issues necessary for
coordinating the efficient and effective operation of the HERO Center.
The Facility Operations Plan will be developed by the Facility Operations
Committee, who will bring the final recommendations for the Facility
Operations Plan to the city council of each party for approval or
appropriate direction, if needed.
ii. Annual Review and Update. The Facility Operations Plan may be updated
if necessary by the Facility Operations Committee.
d. Fees and Revenue. The Facility Operations Committee shall establish a schedule of
uniform fees for the use of the HERO Center by users other than the parties, as well
as the use of the revenue resulting from the fees. Such fees and revenue shall be set
forth in the Facility Operations Plan that is approved by both city councils.
e. Lon�-Term Maintenance, Repair and Capital Improvements. Both parties have
equal authority and fiscal responsibility for the exterior maintenance of the HERO
Center; exterior and interior repair of the HERO Center; the long-term maintenance
of the HERO Center (e.g. a new roof or furnace) and future capital improvements.
Each party may provide input with regard to such decisions through the Facility
Operations Committee and as necessary the city councils. Needed repair caused by
the negligence or intentional acts of one party, its employees and users will be paid
for by the negligent party. A capital improvement made for the sole benefit of one
party shall be paid for by the benefiting party.
7. INDEMNIFICATION
Each party to this Agreement shall be liable for its own acts, the acts of its officers,
employees and agents and the results thereof to the extent authorized bylaw and shall not be
responsible for the acts of the other party, its officers, employees or agents. For purposes of
determining total liability for damages, both parties are considered a single governmental
unit and the total liability for the parties shall not exceed the limits on governmental liability
for a single governmental unit as specified in Minnesota Statutes, Section 466.06 subd. 1.
Each party hereby agrees to indemnify, hold harmless and defend the other, its officers,
employees and agents against any and all liability, loss, costs, damages, expenses, claims or
-5 -
actions, including attorney's fees which the other, its officers, employees or agents may
hereafter sustain, incur or be required to pay, arising out of or by reason of any act or
omission of the party, its officers, employees or agents, in the execution, performance, or
failure to adequately perform its obligations pursuant to this Agreement. Minnesota Statutes
Chapter 466 will govern each party's liability.
8. THIRD-PARTY CLAIMS
a. "Claims" as used in this paragraph, means all third-party claims, losses, damages
and expenses, including attorney's fees, resulting from personal injury, death,
violation of civil rights, and/or property damage.
b. The parties agree that one attorney may represent both parties in any third-party
claims brought against both parties, even though there may be a dispute regarding
the share of liability for each of the parties.
9. INSURANCE
a. General Terms. The parties agree that in order to protect themselves under the terms
of this Agreement, including the indemnity provisions set forth above, the parties
shall, at their own expense, procure and maintain policies of insurance covering the
term of this Agreement. Such policies of insurance shall apply to the extent of, but
not as a limitation upon or in satisfaction of, the indemnity provisions herein. All
retentions and deductibles under such policies of insurance shall be paid by the party
for the insurance each is required to have in effect by this Agreement.
b. Dama�e bv Insured Event. During the time period in which this Agreement is in
effect, if the HERO Center is damaged by an insured event, the proceeds from the
insurance will be used to restore the HERO Center, unless otherwise agreed to by
the parties.
10. TIMELINESS
Time is of the essence in this Agreement. Failure by a parry to perform its obligations in a
timely manner may be considered by the other party as a material breach.
11. WITHDRAWAL FROM THE AGREEMENT
a. Withdrawal.
i. Either party may withdraw from ownership of the HERO center by sending a
written notice of withdrawal to the authorized representative of the other party
before July 1 of any year.
(a) If Cottage Grove withdraws, it shall allow Woodbury the opportunity
to assume full ownership of the HERO Center for nominal
-6 -
compensation agreed to by the parties, and Woodbury shall lease the
real property from Cottage Grove for $1 per year, so long as
Woodbury continues to operate the HERO Center under the same
terms and conditions that comply with the Grant Agreement.
Woodbury shall notify Cottage Grove during the one-year notice
period of its intent to accept or reject full ownership of the HERO
Center. If Woodbury chooses not to assume full ownership of the
HERO Center, Cottage Grove shall follow the procedures set forth in
Section 3.11 of the Grant Agreement and sell its portion of the
HERO Center for fair market value. Proceeds from the sale shall be
disbursed pursuant to Section 3.12 of the Grant Agreement. Any
remaining proceeds after full disbursement pursuant to Section 3.12
of the Grant Agreement may be retained by Cottage Grove.
(b) If Woodbury withdraws, it shall allow Cottage Grove the opportunity
to assume full ownership of the HERO Center for nominal
compensation agreed to by the parties. Cottage Grove shall notify
Woodbury during the one-year notice period of its intent to accept or
reject full ownership of the HERO Center. If Cottage Grove chooses
not to assume full ownership of the HERO Center, Woodbury shall
follow the procedures set forth in Section 3.11 of the Grant
Agreement and sell its portion of the HERO Center for fair market
value. Proceeds from the sale shall be disbursed pursuant to Section
3.12 of the Grant Agreement. Any remaining proceeds after full
disbursement pursuant to Section 3.12 of the Grant Agreement may
be retained by Woodbury.
(c) If both parties desire to dissolve the HERO Center, then the parties
shall follow the procedures set forth in Section 3.11 of the Grant
Agreement to sell the HERO Center for fair market value. The
proceeds from the sale shall be disbursed pursuant to Section 3.12 of
the Grant Agreement. Any remaining proceeds after full
disbursement is made in order to comply with Section 3.12 of the
Grant Agreement shall be disbursed to each party according to the
equity formula agreed to by the Parties.
ii. Notice of Withdr�awal. The party withdrawing from the HERO center under
this Article shall send a written notice of withdrawal to the authorized
representative specifying the effective date of withdrawal and containing a
copy of the other parry's action approving its withdrawal. A parry's
withdrawal shall be effective on the last day of the fiscal year that the party
sends its notice of withdrawal, unless it specifies a later date in its notice. A
notice of withdrawal may be rescinded at any time by a party prior to the
effective date of the withdrawal.
iii. No rights or interests. During the planning and construction phases, the
-7 -
withdrawing party shall not be entitled to any refund for its share of the
capital costs or fees or operating costs paid under this agreement. The
withdrawing party waives any and all rights and interest in the HERO Center
as of the date of withdrawal.
iv. Costs. Any withdrawing party shall be responsible for its proportionate share
of outstanding operating costs of the HERO Center through the end of the
calendar year in which it gives notice of intent to withdraw.
v. . Upon such time as the HERO Center is operational, equity interest terms
will be developed and outlined by the Facility Operations Committee Final
approval of the equity interest formula shall be approved by both city
councils.
vi. Liabilities. A withdrawing party shall not be relieved of responsibility for any
foreseen or unforeseen liabilities that may have accrued while it was a
member, including but not limited to the cost of clean-up of any hazardous
substance from the HERO Center or the real property upon which it is
located.
vii. Assets. A withdrawing party shall have no claim to assets including excess
fees or rents collected.
viii. Cooperation. The party which withdraws pursuant to this Article shall
cooperate with the other party and shall use its best efforts to achieve an
orderly and efficient transfer.
12. DEFAULT: FORCE MAJEURE
Neither parry shall be held responsible for delay or failure to perform when such delay or
failure is due to any of the following unless the act or occurrence could have been foreseen
and reasonable action could have been taken to prevent the delay or failure: fire, flood,
epidemic, strikes, wars, acts of God, unusually severe weather, acts of public authorities, or
delays or defaults caused by public carriers; provided the defaulting party gives notice as
soon as possible to the other party of the inability to perform.
13. AUTHORIZED REPRESENTATIVES
The following named persons are designated the Authorized Representatives of the parties
for purposes of this Agreement. These persons have authority to bind the party they
represent and to consent to modifications and subcontracts, except that, as to the parties, the
authorized representative shall have only the authority specifically or generally granted by
the respective city councils. Notification required to be provided pursuant to this Agreement
must be provided to the following named persons and addresses unless otherwise stated in
this Agreement, or in a modification of this Agreement.
-g -
Cottage Grove: Cottage Grove Public Safety Director
City Hall
12800 Ravine Parkway
Cottage Grove, MN 55016
Woodbury: Woodbury Public Safety Director
Woodbury Public Safety Department
2100 Radio Drive
Woodbury, NIN 55125
14. NOTICES
All notices and demands by either party to the other, must be in writing and must be made
by personal service or certified mail (postage prepaid and return receipt requested). Notice
must be given to each party's Authorized Representative.
15. MODIFICATION OF THIS AGREEMENT
Unless otherwise specified in this Agreement, any alterations, variations, modifications, or
waivers of the provisions of this Agreement shall only be valid when they have been
reduced to writing and approved by the city councils, or their respective designees.
16. COMPLIANCE WITH LAWS/STANDARDS
a. General. The parties shall abide by all Federal, State or local laws, statutes,
ordinances, rules and regulations now in effect or hereafter adopted pertaining to this
Agreement or to the facilities, programs and staff for which they are responsible.
b. Minnesota Law to Govern. This Agreement shall be governed by and construed in
accordance with the substantive and procedural laws of the State of Minnesota,
without giving effect to the principles of conflict of laws. All proceedings related to
this Agreement shall be venued in the State of Minnesota, County of Washington.
17. WAIVER
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver
of breach of any provision of this Agreement shall not be construed to be modification for
the terms of this Agreement unless stated to be such in writing and signed by authorized
representatives of each party.
18. SEVERABILITY
The provisions of this Agreement shall be deemed severable. If any part of this Agreement
is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and
enforceability of the remainder of this Agreement unless the part or parts which are void,
-9 -
invalid or otherwise unenforceable shall substantially impair the value of the entire
Agreement with respect to either party.
19. GRANT AGREEMENT PREVAILS
The parties acknowledge the existence of the Grant Agreement, which imposes further
conditions and restrictions upon the construction, use and operation of the HERO Center,
and agree that the terms and conditions of the Grant Agreement shall prevail over any
inconsistent terms in this Agreement. Further, the parties agree, upon direction from the
Commissioner of Minnesota Management and Budget ("Commissioner"), to take such
actions and furnish such documents as the Commissioner deems necessary to ensure that the
interest to be paid on the G.O. Bonds is exempt from federal taxation.
[remainder of page intentionally left blank]
- 10-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized representatives as of the day and year first above written.
CITY OF COTTAGE GROVE
By:
Myron Bailey
Mayor
By:
Joseph Fischbach
City Clerk
Dated:
- 11 -
CITY OF WOODBURY
By:
Clinton P. Gridley
City Administrator
By:
Mary Giuliani Stephens
Mayor
Dated:
- 12-
� � �
� �
��-�� Document B14�T" - 20�1
�
Sfandard Form of Agreemenf Between Owner and Archifecf
� AGREEMENT made as of the 6 day of May in the year 2016
(In words, indicate day, month and year.)
BETWEEN the Architect's client identified as the Owner: ADDITIONS AND DELETIONS:
(Name, legal status, address and other information) The author of this document has
added information needed for its
City of Cottage Grove(Co-Owner/Fiscal Agent) completion.The author may also
have revised the text of the original
12800 Ravine Parkway South AIA standard form.An Additions and
Cottage Grove,MN 55016 Delefions Report that notes added
information as well as revisions to
The Owner's designated representative is: the standard form text is available
Greg Rinzel,Police Captain from the author and should be
grinzel@cottage-grove.org reviewed.A vertical line in the left
margin of this document indicates
In association with the: where the author has added
necessary information and where
City of Woodbury(Co-Owner) the author has added to or deleted
8301 Valley Creek Road from the original AIA text.
Woodbury,MN 55125
This document has important legal
The Owner's designated representative is: consequences.Consultation with an
Kris Mienert,Police Commander attorney is encouraged with respect
to its completion or modification.
kmienert@ci.woodbury.mn.us
and the Architect:
(Name, legal status, address and other information)
Leo A Daly
730 Second Avenue South
Suite 1100
Minneapolis,MN 55402
The Architect's designated representative is:
Cindy McCleary,AIA LEED AP
Vice President/Market Sector Lead
camccleary@leoadaly.com
for the following Project:
(Name, location and detailed description)
The design and engineering of a regional public safety training center on a parcel in the
City of Cottage Grove MN,for the serve the public safety training needs of the local
communities,referred to as:
I Health&Emergency Response Occupations(HERO)Center—Cottage Grove
The Owner and Architect agree as follows.
AIA Document 6101 T"'—2007(fortnerly 8157 T"'—1997).Copyright�O 1974,1978,1987,1997 and 2007 by The American Institute oF Architects.All rights
Init. �yserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution �
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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 MISCELLANEOUS PROVISIONS
17 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
EXHIBIT A INITIAL INFORMATION
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A,Initial
Information:
(Complete Exhibit A,lnitial Information,and incorporate it into the Agreement at Section 13.2,or state below
Initial Information such as details of the Project's site and program, Owner's contractors and consultants,
Architect's consultants, Owner's budget for the Cost of the Work, authorized representatives,anticipated
procurement method, and other injormation relevant to the Project.)
The Owners Program for the Project:
The definition of the space,program needs and facility scope,to be established and confirmed through a State of
Minnesota Predesign document in alignment with Department of Public Safety State Grant provisions.The project
will consider the Minnesota Sustainable Building(B3)Guidelines,and shall consider sustainable building materials
where practical and as determined to the feasible through the design process,however,will not formally follow or
document the B3 framework.
The project is anticipated to consist of training rooms,rooms for virtual simulation/defensive tactics,a shooting
range,space for vehicles and support spaces for lockers,breakroom,lobby,storage,weapons cleaning and similar
program and building support spaces.
The site/physical characteristics for the Project:
The current proposed site address is 8641 80�h Street South,Cottage Grove MN 55016.Minimal site work is
anticipated for this project, as the necessary infrastructure including storm water,sanitary sewer and transportation is
in place to accommodate the project.The primary site design focus will be the connections to the existing systems
already in place.
AIA Document B107 TM—2007(fortnerly B151 T"'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
Init. reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution 2
of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the ma�cimum extent possible
� under the law.This document was produced by AIA software at 14:32:21 on 04/19/2016 under Order No.6606976271_1 which expires on 01I05/2017,and is
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An alternate site,located at 12600 Ravine Parkway,Cottage Grove MN 55016 may be considered through the
predesign phase.The necessary infrastructure including storm water,sanitary sewer and transportation is in place to
accommodate the project on this alternate site.Final site selection will be made through or upon the completion of
predesign with the fmal site identified prior to the commencement of the Schematic Design phase.
The Owners Budget far the Project:
The Owners total budget for the total con;;truction cost is anticipated to be as follows:
Construction�/Site: $14,540,000
FFE/Technology $4,000,000
Total Conshuction Cost $18,540,000
The final construction budget will be established through the predesign effort with an approved scope and budget
prior to commencement of the Schematic Design phase,upon which time,the contract will be amended to reflect the
final design-tabudget. Work will not proceed until a construction budget and scope are in alignment,and written
approval to proceed is authorized by the Owner.
Construction Delivery Method:
The owner intends to procure the construction either through a Design-Bid-Build or Construction Manager Agency
procurement method.The desired procurement methodology will be established through the predesign phase,to
allow the final predesign scope,recommended implementation schedule and budget to reflective of the delivery
method.
If any of the Article 1 or associated provisions change,through the decisions confirmed within the predesign phase,
a contract amendment modifying any relevant information will be agreed upon by both parties prior to the
commencement of Schematic Design.
§ 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are
set forth below:
.1 Commencement of construction date:
I August 14,2018
.2 Substantial Completion date:
� December 15,2019
§ 1.3 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that such
information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the
schedule,the Architect's services and the Architect's compensation.
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide the professional services as set forth in this Agreement.
§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
the Project.
§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.
§ 2.4 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any
employment,interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respect to this Project.
AIA Document 8101 T""—2007(fortnerly B151 T"'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
Init. reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or dist►ibution 3
of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the mazimum extent possible
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§ 2.5 The Architect shall maintain the following insurance for the duration of this Agreement.If any of the
requirements set forth below exceed the types and limits the Architect normally maintains,the Owner shall
reimburse the Architect for any additional cost:
(Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if
any.)
.1 General Liability
� See attached Certificate of Liability Insurance
.2 Automobile Liability
� See attached Certificate of Liability Insurance
.3 Workers' Compensation
� See attached Certificate of Liability Insurance
.4 Professional Liability
� See attached Certificate of Liability Insurance
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary
structural,mechanical,and electrical engineering services. Services not set forth in this Article 3 are Additional
Services.
§ 3.1.1 The Architect shall manage the Architect's services,consult with the Owner,research applicable design
criteria,attend Project meetings,communicate with members of the Project team and report progress to the Owner.
§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's
consultants.The Architect shall be entitled to rely on the accuracy and completeness of services and information
furnished by the Owner and the Owner's consultants.The Architect shall provide prompt written notice to the
Owner if the Architect becomes aware of any error,omission or inconsistency in such services or information.
§ 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit for the Owner's approval a
schedule for the performance of the Architect's services.The schedule initially shall include anticipated dates for the
commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.
The schedule shall include allowances for periods of time required for the Owner's review,far the performance of
the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Once
approved by the Owner,time limits established by the schedule shall not,except for reasonable cause,be exceeded
by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the
Project proceeds until the commencement of construction.
§ 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's
approval.
§ 3.1.5 The Architect shall,at appropriate times,contact the governmental authorities required to approve the
Construction Documents and the entities providing utility services to the Project.In designing the Project,the
Architect shall respond to applicable design requirements imposed by such governmental authorities and by such
entities providing utility services.
§ 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents
required for the approval of governmental authorities having jurisdiction over the Project.
§ 3.2 SCHEMATIC DESIGN PHASE SERVICES
§ 3.2.1 The Architect shall review the program and other information furnished by the Owner,and shall review
laws,codes,and regulations applicable to the Architect's services.
AIA Document B101 T"'—2007(fortnerly B151 T"'—1997).Copyright OO 1974,1978,1967,1997 and 2007 by The American Institute of Architects.All rights
Init. reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution 4
of this AIA� Document,or any poRion of it,may result in severe civil and criminal penalties,and will be prosecuted to the mazimum eztent possible
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§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost
of the Work,Project site,and the proposed procurement or delivery method and other Initial Information,each in
terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any
inconsistencies discovered in the information,and(2)other information or consulting services that may be
reasonably needed for the Project.
§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner
alternative approaches to design and conshuction of the Project,including the feasibility of incorporating
environmentally responsible design approaches.The Architect shall reach an understanding with the Owner
regarding the requirements of the Project.
§ 3.2.4 Based on the Project's requirements agreed upon with the Owner,the Architect shall prepare and present for
the Owner's approval a preliminary design illustrating the scale and relationship of the Project components.
§ 3.2.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design
Documents for the Owner's approval.The Schematic Design Documents shall consist of drawings and other
documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may
include some combination of study models,perspective sketches,or digital modeling.Preliminary selections of
major building systems and construction materials shall be noted on the drawings or described in writing.
§ 3.2.5.1 The Architect shall consider environmentally responsible design alternatives,such as material choices and
building orientation,together with other considerations based on program and aesthetics,in developing a design that
is consistent with the Owner's program,schedule and budget for the Cost of the Wark.The Owner may obtain other
environmentally responsible design services under Article 4.
§ 3.2.5.2 The Architect shall consider the value of alternative materials,building systems and equipment,together
with other considerations based on program and aesthetics,in developing a design for the Project that is consistent
with the Owner's program,schedule and budget for the Cost of the Work.
§ 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with
Section 63.
§ 3.2.7 The Architect shall submit the Schematic Desigi Documents to the Owner,and request the Owner's
approval.
§ 3.3 DESIGN DEVELOPMENT PHASE SERVICES
§ 3.3.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare
Design Development Documents for the Owner's approval.The Design Development Documents shall illustrate and
describe the development of the approved Schematic Design Documents and shall consist of drawings and other
documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building
systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and
electrical systems,and such other elements as may be appropriate.The Design Development Documents shall also
include outline specifications that identify major materials and systems and establish in general their quality levels.
§ 3.3.2 The Architect shall update the estimate of the Cost of the Work.
§ 3.3.3 The Architect shall submit the Design Development Documents to the Owner,advise the Owner of any
adjustments to the estimate of the Cost of the Work,and request the Owner's approval.
§ 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES
§ 3.4.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare
Construction Documents for the Owner's approval.The Construction Documents shall illustrate and describe the
further development of the approved Design Development Documents and shall consist of Drawings and
Specifications setting forth in detail the quality levels of materials and systems and other requirements for the
AIA Document B101 TM—2007(fortnerly B751 T"—1997�.Copyright OO 1974,1970,1987,1997 and 2007 by The American Institute of Architects.All rights
Init. reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution 5
of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible
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construction of the Work.The Owner and Architect acknowledge that in order to construct the Work the Contractor
will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,
which the Architect shall review in accordance with Section 3.6.4.
§ 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental
authorities having jurisdiction over the Project.
§ 3.4.3 During the development of the Construction Documents,the Architect shall assist the Owner in the
development and preparation of(1)bidding and procurement information that describes the time,place and
conditions of bidding,including bidding or proposal forms;(2)the form of agreement between the Owner and
Contractor;and(3)the Conditions of the Contract for Construction(General,Supplementary and other Conditions).
The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and
Specifications and may include bidding requirements and sample forms.
§ 3.4.4 The Architect shall update the estimate for the Cost of the Work.
§ 3.4.5 The Architect shall submit the 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 request the Owner's
approval.
§ 3.5 BIDDING OR NEGOTIATION PHASE SERVICES
§ 3.5.7 GENERAL
The Architect shall assist the Owner in establishing a list of prospective contractors.Following the Owner's
approval of the Construction Documents,the Architect shall assist the Owner in(1)obtaining either competitive
bids or negotiated proposals;(2)confirming responsiveness of bids ar proposals;(3)determining the successful bid
ar proposal,if any; and,(4)awarding and preparing contracts for construction.
§ 3.5.2 COMPETITNE BIDDING
§ 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by
.1 procuring the reproduction of Bidding Documents for distribution to prospective bidders;
.2 distributing the Bidding Documents to prospective bidders,requesting their return upon completion
of the bidding process,and maintaining a log of distribution and retrieval and of the amounts of
deposits,if any,received from and returned to prospective bidders;
.3 organizing and conducting a pre-bid conference for prospective bidders;
.4 preparing responses to questions from prospective bidders and providing clarifications and
interpretations of the Bidding Documents to all prospective bidders in the form of addenda;and
.5 organizing and conducting the opening of the bids,and subsequently documenting and distributing
the bidding results,as directed by the Owner.
§ 3.5.2.3 The Architect shall consider requests for substitutions,if the Bidding Documents permit substitutions,and
shall prepare and distribute addenda identifying approved substitutions to all prospective bidders.
§ 3.5.3 NEGOTIATED PROPOSALS
§ 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.
§ 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by
.1 procuring the reproduction of Proposal Documents for distribution to prospective contractors,and
requesting their return upon completion of the negotiation process;
.2 organizing and participating in selection interviews with prospective contractors;and
.3 participating in negotiations with prospective contractors,and subsequently preparing a summary
report of the negotiation results,as directed by the Owner.
§ 3.5.3.3 The Architect shall consider requests for substitutions,if the Proposal Documents permit substitutions,and
shall prepare and distribute addenda identifying approved substitutions to all prospective contractors.
AIA Document B101 T"'—2007(fortnerly 8151 T'"—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
Init. reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution 6
of this AIA� Document,or any poRion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible
� under the law.This document was produced by AIA soHware at 14:32:21 on 04/19/2016 under Order No.8606976271_1 which expires on 01I05I2017,and is
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i
§ 3.6 CONSTRUCTION PHASE SERVICES
§ 3.6.1 GENERAL
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set
forth below and in AIA Document A201T"'-2007,General Conditions of the Contract for Construction. If the Owner
and Contractor modify AIA Document A201-2007,those modifications shall not affect the Architect's services
under this Agreement unless the Owner and the Architect amend this Agreement.
§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services.The
Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The
Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques,
sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the
Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the
Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not
have control over or charge of,and shall not be responsible for,acts or omissions of the Contractor or of any other
persons or entities performing portions of the Work.
§ 3.6.1.3 Subject to Section 43,the Architect's responsibility to provide Construction Phase Services commences
with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate
for Payment.
§ 3.6.2 EVALUATIONS OF THE WORK
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise
required in Section 4.3.3,to become generally familiar with the progress and quality of the portion of the Work
completed,and to determine,in general,if the Wark observed is being performed in a manner indicating that the
Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not
be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On
the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of
the portion of the Work completed,and report to the Owner(1)known deviations from the Contract Documents and
from the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies observed in
the Work.
§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever
the Architect considers it necessary ar advisable,the Architect shall have the authority to require inspection or
testing of the Wark in accordance with the provisions of the Contract Documents,whether or not such Work is
fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith
either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the
Contractor,Subcontractors,material and equipment suppliers,their agents or employees or other persons or entities
performing portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the
Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests
shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations
and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Contractor,shall not
show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker,as that
term is defined in AIA Document A201-2007,the Architect shall render initial decisions on Claims between the
Owner and Contractor as provided in the Contract Documents.
§ 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR
§ 3.6.3.1 The Architect shall review and certify the 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 the
AIA Document B101 T"'—2007(fortnerly 6151 T"'—1997).Copyright OO 1974,1978,1997,1997 and 2007 by The American Institute of Architects.All rights
Init. reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution 7
of this AIA� Document,or any poRion of it,may result in severe civil and criminal penalties,and will be prosecuted to the mazimum extent possible
� under the law.This document was produced by AIA software at 14:32:21 on 04119/2016 under Order No.B606976271_1 which expires on 01/05/2017,and is
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� . .
Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprismg the Contractor's
Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has
progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.
The foregoing representations are subject(1)to an evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion,(2)to results of subsequent tests and inspections,(3)to correction of
minor deviations from the Contract Documents prior to completion,and(4)to specific qualifications expressed by
the Architect.
§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction
means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to
payment,or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum.
§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
§ 3.6.4 SUBMRTALS
§ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or
withhold approval.The Architect's action in reviewing submittals shall be taken in accordance with the approved
submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing
sufficient time in the Architect's professional judgment to permit adequate review.
§ 3.6.4.2 In accordance with the Architect-approved submittal schedule,the Architect shall review and approve or
take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,
but only for the limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy
and completeness of other information such as dimensions,quantities,and installation or performance of equipment
or systems,which are the Contractor's responsibility.The Architect's review shall not constitute approval of any
deviation from the requirements of the Contract Documents unless the Contractor has specifically informed the
Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the
specific deviation,of safety precautions or,unless otherwise specifically stated by the Architect,of any construction
means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate
approval of an assembly of which the item is a component.
§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional related to systems,materials or equipment,the Architect shall specify the
appropriate performance and design criteria that such services must satisfy.The Architect shall review Shop
Drawings and other submittals related to the Wark designed or certified by the design professional retained by the
Contractor that bear such professional's seal and signature when submitted to the Architect.The Architect shall be
entitled to rely upon the adequacy, accuracy and completeness of the services,certifications and approvals
performed or provided by such design professionals.
§ 3.6.4.4 Subject to the provisions of Section 4.3,the Architect shall review and respond to requests for information
about the Contract Documents.The Architect shall set forth in the Contract Documents the requirements for requests
for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the
specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The
Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with
reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and
Specifications in response to requests for information.
§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
accordance with the requirements of the Contract Documents.
§ 3.6.5 CHANGES IN THE WORK
§ 3.6.5.1 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
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of this AIA� Document,or any poRion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum eztent possible
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�
the provisions of Section 4.3,the Architect shall prepare Change Orders and Construction Change Directives for the
Owner's approval and execution in accordance with the Contract Documents.
§ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.
§ 3.6.6 PROJECT COMPLETION
§ 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the
date of final completion;issue Certificates of Substantial Completion;receive from the Contractor and forward to
the Owner,for 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 final inspection
indicating the Work complies with the requirements of the Contract Documents.Architect will conduct one(1)
punch list and one(1)substantial completion inspection of the work.If additional inspections are requested by the
Contractor or Owner,the Architect may charge hourly services for all additional inspections,including the costs of
Architects time,travel and incidentals.
§ 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the
requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the
Contractor of Work to be completed or corrected.
§ 3.6.6.3 When the Work is found to be substantially complete,the Architect shall inform the Owner about the
balance of the Contract Sum remaining to be paid the Contractor,including the amount to be retained from the
Contract Sum,if any,for final completion or correction of the Work.
§ 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor:(1)
consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2)
affidavits,receipts,releases and waivers of liens or bonds indemnifying the Owner against liens;and(3)any other
documentation required of the Contractor under the Contract Documents.
§ 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial
Completion,the Architect shall, without additional compensation,conduct a meeting with the Owner to review the
facility operations and performance.
ARTICLE 4 ADDITIONAL SERVICES
§ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project.The
Architect shall provide the listed Additional Services only if specifically designated in the table below as the
Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Also refer to
the Menu of Services attached to this agreement and marked as Exhibit A. Compensation far any services rendered
by the Architect pursuant to the attached Menu of Services shall be compensated as provided in Section 11.2.
(Designate the Additional Services the Architect shall provide in the second column of the table below. In the third
column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit,
identify the exhibit.)
Additional Services Responsibility Location of Service Description
(Architect, Owner (Section 4.2 below or in an exhibit
or attached to this document and
Not Provided) identi aed below)
4.1.1 Pro rammin Architect Included.Refer to 4.2
4.1.2 Multi le reliminar desi s Architect Included.Refer to 4.2
4.1.3 Measured drawin s Owner In AutoCAD 2010 or Newer
4.1.4 Existin facilities surve s Owner
§ 4.1.5 Site Evaluation and Planning(B203T"'-2007) Architects Refer to Article 4.2
Additional
Services
4.1.6 Buildin information modelin Not Provided
4.1.7 Civil en ineerin Architect
4.1.8 Landsca e desi Architect
4.1.9 Architectural Interior Desi B252TM-2007 Architect
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of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible
r under the law.This document was produced by AIA soflware at 14:32:21 on 04I19I2016 under Order No.8606976271_1 which expires on 01I05/2017,and is
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I § 4.1.10 Value Analysis(B204TM-2007) Architects Refer to Article 4.2
Additional
I Services
§ 4.1.11 Detailed cost estimating Architect Refer to Article 4.2
Additional
� Services/Owners
Construction
Mana er
4.1.12 On-site roject re resentation Not Provided
4.1.13 Conformed construction documents Not Provided
4.1.14 As-Desi ned Record drawin s Not Provided
4.1.15 As-Constructed Record drawin s Architect
4.1.16 Post occu ancv evaluation Architect
4.1.17 Facilit Su ort Services(B210T"'-2007) Not Provided
4.1.18 Tenant-related services Not Provided
4.1.19 Coordination of Owner's consultants Not Provided
4.1.20 Telecommunications/data desi Not Provided
§ 4.1.27 Security Evaluation and Planning Not Provided
�B2OGTM-2OOI�
4.1.22 Commissionin B211TM-2007 Not Provided
4.1.23 Extensive environmentall res onsible desi Not Provided
4.1.24 LEED�Certification B214TM-2007) Not Provided
4.1.25 Fast-track desi services Not Provided
4.1.26 Historic Preservation B205T"'-2007 Not Provided
§ 4.1.27 Furniture,Furnishings,and Equipment Design Not Provided
(B253T^'-2007)
4.1.28 Public En a ement Architect
§ 4.1.29 Energy Modeling Architects Refer to Article 4.2
Additional
Services
4.1.30 Storm Water Mana ement Desi -Site Not Provided
§ 4.1.31 Storm Water Management Design—Off Site Not Provided
Flows
4.1.32 Wetland Delineation/Wetland Miti ation Not Provided
§ 4.1.33 Multiple Reviews for Adequacy or Revisions Not Provided
to Owners Provided Information
4.1.34 Abatement/Soil Remediation Desi Not Provided
4.1.35 Demolition Documents Not Provided
§ 4.1.36 Traffic Study Architects Refer to Article 4.2
Additional
Services
§ 4.1.37 Market Feasibility&Subject Matter Architects Refer to Article 4.2
Expertise Additional
Services
4.1.38 Le al Descri tion Not Provided
4.1.39 Architectural Renderin s/Di ital Ima es Architect
4.1.40 Architectural Presentation Boards Architect
4.1.41 Anal sis of Suitabilit /Im act Statement Not Provided
§ 4.1.42 Environmental Assessment /Impact Not Provided
Statement
4.1.43 Seismic/Tornado Anal sis Not Provided
4.1.44 Dee Foundation Desi Not Provided
4.1.45 Wa findin /Si a e Not Provided
§ 4.1.46 Mass Notification/911 Radio Not Provided
Communications
AIA Document B101 T"'—2007(fortnerly 8151 T'"—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute oF Architects.All rights
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of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible
r under the law.This document was produced by AIA software at 14:32:21 on 04/19I2016 under Order No.8606976271_1 which expires on 01/05/2017,and is
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I
4.1.47 Ener Mana ement Audit Not Provided
4.1.48 Buildin Li tin Controls Not Provided
4.1.49 Potovoltaic Desi Architect Refer to Article 4.2
4.1.50 Geothermal Desi Architect Refer to Article 4.2
4.1.51 Multi le Bid Packa e Not Provided
4.1.52 Best-Value Contractor Procurement Not Provided
§ 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility,if not
further described in an exhibit attached to this document.
The following services are being provided as a part of the Predesign Additional services,to be consistent with
meeting the intent of the State of Minnesota Predesign Guidelines:
Refer to 4.1.1 Programming—predesign evaluation;the approved predesign program will become the
basis of design for all subsequent phases.
Refer to 4.1.2 Multiple Preliminary Designs:The development of up to 3(three)alternatives;
Refer to 4.1.5 Site Evaluation:The evaluation of up to two(2)alternative sites;
Refer to 4.1.10 Value Analysis—predesign evaluation;
Refer to 4.1.11 Cost Estimating—predesign evaluation;it is anticipated that Construction Manager will
provide estimations of probable cost for schematic design through construction
administration.
Refer to 4.1.29 Energy Modeling—predesigi evaluation;
Refer to 4.1.49 Photovoltaic design—predesign evaluation;engineering design phases services,if
desired,will be negotiated based upon the scope and complexity of the identified system.
Refer to 41.50 Geo-thermal desig►—predesign evaluation;engineering design phases services,if
desired,will be negotiated based upon the scope and complexity of the identified system.
The following services will be defined,and appropriate fee negotiated,based upon the determination of need for the
service.It is intended that the need/feasibility of these services will be determined through the predesign process.
Refer to 4.1.36 Traffic Study
Refer to 4.1.49 Photovoltaic desi�—schematic design thru construction administration;
Refer to 4.1.50 Geo-thermal design—schematic design thru construction administration;
The following services are being provided by a sub-consultant to Leo A Daly, as a Subject Matter Expert:
Refer to 4.1.37 Market Feasibility/Subject Matter Expertise—Refer to Exhibit A
§ 4.3 Additional Services may be provided after execution of this Agreement,without invalidating the Agreement.
Except for services required due to the fault of the Architect,any Additional Services provided in accordance with
this Section 43 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in
the Architect's schedule.
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§ 4.3.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the
Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect
shall not proceed to provide the following services until the Architect receives the Owner's written authorization:
.1 Services necessitated by a change in the Initial Information,previous instructions or approvals given
by the Owner,or a material change in the Project including,but not limited to,size,quality,
complexity,the Owner's schedule or budget for Cost of the Work,or procurement or delivery
method;
.2 Services necessitated by the Owner's request for extensive environmentally responsible design
alternatives,such as unique system designs,in-depth material research,energy modeling,or LEEDOO
certification;
.3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or
revision of codes,laws or regulations or official interpretations;
.4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure
of performance on the part of the Owner or the Owner's consultants or contractors;
.5 Preparing digital data for transmission to the Owner's consultants and contractors,or to other Owner
authorized recipients;
.6 Preparation of design and documentation for alternate bid or proposal requests proposed by the
Owner;
.7 Preparation for,and attendance at,a public presentation,meeting or hearing;
.8 Preparation for,and attendance at a dispute resolution proceeding or legal proceeding, except where
the Architect is party thereto;
.9 Evaluation of the qualifications of bidders or persons providing proposals;
.10 Consultation concerning replacement of Work resulting from fire or other cause during construction;
or
.11 Assistance to the Initial Decision Maker,if other than the Architect.
§ 4.3.2 To avoid delay in the Construction Phase,the Architect shall provide the following Additional Services,
notify the Owner with reasonable promptness,and explain the facts and circumstances giving rise to the need.If the
Owner subsequently determines that all or parts of those services are not required,the Owner shall give prompt
written notice to the Architect,and the Owner shall have no further obligation to compensate the Architect for those
services:
.1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the
Architect;
.2 Responding to the Contractor's requests for information that are not prepared in accordance with the
Contract Documents or where such information is available to the Contractor from a careful study
and comparison of the Contract Documents,field conditions,other Owner-provided infarmation,
Contractor-prepared coordination drawings,or prior Project carrespondence or documentation;
.3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's
proposals and supporting data,or the preparation or revision of Instruments of Service;
.4 Evaluating an extensive number of Claims as the Initial Decision Maker;
.5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to
Instruments of Service resulting therefrom;or
.6 To the extent the Architect's Basic Services are affected,providing Construction Phase Services 60
days after(1)the date of Substantial Completion of the Work or(2)the anticipated date of Substantial
Completion identified in Initial Information,whichever is earlier.
§ 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services.When the limits below are reached,the Architect shall notify the Owner:
.1 Two(2)reviews of each Shop Drawing,Product Data item,sample and similar submittal of the
Contractor
.2 Bi-monthly(not to exceed 28)visits to the site by the Architect over the duration of the Project
during construction
.3 One(1 )inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
.4 One ( 1)inspections for any portion of the Work to determine final completion
AIA Document B101 T"'—2007(fortnerly B151 T"'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
Init. reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution �2
of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible
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�
§ 4.3.4 If the services covered by this Agreement have not been completed within Forty(40)months of the date of
this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be
compensated as Additional Services.
ARTICLE 5 OWNER'S RESPONSIBILITIES
§ 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project,including a written program which shall set farth the
Owner's objectives,schedule,constraints and criteria,including space requirements and relationships,flexibility,
expandability,special equipment,systems and site requirements.Within 15 days after receipt of a written request
from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to
evaluate,give notice of or enforce lien rights.
§ 5.2 The Owner shall establish and periodically update the Owner's budget for the Project,including(1)the budget
for the Cost of the Wark 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 ar decreases the Owner's budget for the Cost of the
Work,the Owner shall notify the Architect.The Owner and the Architect shall thereafter agree to a corresponding
change in the Project's scope and quality.
§5.2.1 Reasonable contingencies shall be determined in consultation with the Architect as appropriate for the type
of project to pay for changes which occur during the course of the design and changes in the Work during
construction of the Project for: 1)revisions requested by the Owner;2)concealed or unlrnown conditions
encountered;and 3)an allowance for errors and omissions in the Construction Documents consistent with Section
2.2 of this Ageement. No other representation to the Owner,and no warranty or guarantee,either express or
implied,is included or intended in this Agreement or in any document prepared by the Architect.
§ 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.
The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services.
§ 5.4 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for
the site of the Project,and a written legal description of the site."The surveys and legal information shall include,as
applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands;
adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and
contours of the site;locations,dimensions and necessary data with respect to existing buildings,other improvements
and trees; and information concerning available utility services and lines,both public and private,above and below
grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 The Owner shall furnish services of geotechnical engineers,which may include but are not limited to test
borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic
evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil
conditions,with written reports and appropriate recommendations,including a provision for a conference to review
the Architect's plans and specifications and a letter from the geotechnical engineers stating that the final plans and
specifications have complied with the intent of the foundation investigation and meet or exceed the
recommendations.
§ 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the
Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated
in this Agreement,or authorize the Architect to furnish them as an Addirional Service,when the Architect requests
such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall
require that its consultants maintain professional liability insurance as appropriate to the services provided.
§ 5.7 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as
structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials.
§ 5.8 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
AIA Document 8101 T"'—2007(fortnerly 8151 T^'—1997�.Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
Init. ��ryBd,WARNING:This AIA� Doc�ment is protected by U.S.Cvpyright Law and International Treaties.Unauthorized raproductlun or distribution 13
of this AIA� Document,or any po�tien of ii,may result in severe c W fl anri criminal penalties,and will be prosaculed to the maxlmum extent possible
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§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service.
§ 5.10 Except as otherwise provided in this A�eement,or when direct communications have been specially
authorized,the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through
the Architect about matters arising out of or relating to the Contract Documents.The Owner shall promptly notify
the Architect of any direct communications that may affect the Architect's services.
§ 5.11 Before executing the Contract for Construction,the Owner shall coordinate the Architect's duties and
responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.
The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,
including the General Conditions of the Contract for Construction.
§ 5.12 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 Work wherever it is in preparation or progress.
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect and shall include contractors'general conditions costs,
overhead and profit.The Cost of the Work does not include the compensation of the Architect,the costs of the land,
, rights-of-way,financing,contingencies for changes in the Work or other costs that are the responsibility of the
Owner.
§ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information,and may be adjusted
throughout the Project as required under Sections 5.2,6.4 and 6.5.Evaluations of the Owner's budget for the Cost of
the Work,the preliminary estimate 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 a 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.Accordingly,the Architect cannot
and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost
of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
§ 6.3 In preparing estimates of the Cost of Work,the Architect shall be permitted to 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 adjushnents 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 of 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,volume or 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.
§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the
Construction Documents to the Owner,through no fault of the Architect,the Owner's budget for the Cost of the
Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for 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 Owner shall cooperate with the Architect in making such adjustments.
§ 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase
Services is exceeded 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 renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Section 9.5;
.4 in consultation with the Architect,revise the Project program, scope,or quality as required to reduce
the Cost of the Work;or
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.5 implement any other mutually acceptable alternative.
§ 6.7 If the Owner chooses to proceed under Section 6.6.4,the Architect,shall modify the Construction Documents
as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction
Documents Phase Services,or the budget as adjusted under Section 6.6.1.The Architect's modification of the
Construction Documents shall be the limit of the Architect's responsibility under this Article 6.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the
transmitting party is the copyright owner of such information or has permission from the copyright owner to
transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of
Service or any other information or documentation in digital form,they shall endeavor to establish necessary
protocols governing such transmissions.
§ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and
other reserved rights,including copyrights. Submission or distribution of Instruments of Service to meet official
regulatory requirements or far similar purposes in connection with the Project is not to be construed as publication
in derogation of the reserved rights of the Architect and the Architect's consultants.
§ 7.3 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to use the
Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering
and adding to the Project,provided that the Owner substantially performs its obligations,including prompt payment
of all sums when due,under this Agreement.The Architect shall obtain similar nonexclusive licenses from the
Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to
authorize the Contractor, Subcontractors,Sub-subcontractors,and material or equipment suppliers,as well as the
Owner's consultants and separate contractors,to reproduce applicable portions of the Instruments of Service solely
and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates
this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate.
§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of
Service,the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising
from such uses.The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the
Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes
of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of
the Instruments of Service under this Section 7.3.1.The terms of this Section 73.1 shall not apply if the Owner
rightfully terminates this Ageement for cause under Section 9.4.
§ 7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied
under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license
granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the
Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
consultants.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 GENERAL
§ 8.1.1 The Owner and Architect shall commence all claims and causes of action,whether in contract,tort,or
otherwise,against the other arising out of or related to this Agreement in accordance with the requirements of the
method of binding dispute resolution selected in this Agreement within the period specified by applicable law,but in
any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect
waive all claims and causes of action not commenced in accordance with this Section 8.1.1.
§ 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against
each other and against the contractors,consultants,agents and employees of the other for damages,except such
rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2007,General
Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the
AIA Document B701 T'"—2007(formerly 8151 T"'—1997�.Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects./UI rights
Init. reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution 15
of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible
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contractors,consultants,agents and employees of any of them similar waivers in favor of the other parties
enumerated herein.
§ 8.1.3 The Architect and Owner waive consequential damages for claims,disputes or other matters in question
arising out of or relating to this A�eement.This mutual waiver is applicable,without limitation,to all consequential
damages due to either party's termination of this Agreement,except as specifically provided in Section 9.7.
§ 8.2 MEDIATION
§ 8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien
arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with
the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
§ 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between
them by mediation which,unless the parties mutually agree otherwise,shall be administered by the American
Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of
the Agreement.A request for mediation shall be made in writing,delivered to the other party to the Agreement,and
filed with the person or entity administering the mediation.The request may be made concurrently with the filing of
a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in
advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days
from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration
proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)
and agree upon a schedule for later proceedings.
§ 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place
where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall
be enforceable as settlement agreements in any court having jurisdiction thereof.
§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding
dispute resolution shall be the following:
(Check the appropriate box.!f the Owner and Architect do not select a method of binding dispute resolution below,
or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will
be resolved in a court of competent jurisdiction.)
[ ] Arbitration pursuant to Section 8.3 of this Agreement
I [X ] Litigation in a court of competent jurisdiction
[ ] Other(Specify)
§ 8.3 ARBITRATION
§ 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement,any
claim,dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by,
mediation shall be subject to arbitration which,unless the parties mutually agree otherwise,shall be administered by
the American Arbitration Association in accardance with its Construction Industry Arbitration Rules in effect on the
date of this Agreement.A demand for arbitration shall be made in writing,delivered to the other party to this
Agreement,and filed with the person ar entity administering the arbitration.
§ 8.3.1.1 A demand far arbitration shall be made no earlier than concurrently with the filing of a request for
mediation,but in no event shall it be made after the date when the institution of legal or equitable proceedings based
on the claim,dispute or other matter in question would be barred by the applicable statute of limitations.For statute
of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the
arbitration shall constitute the institution of legal or equitable proceedings based on the claim,dispute or other
matter in question.
AIA Document B701 T"'—2007(fortnerly B151 T"'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
Init. reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution �s
of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible
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§ 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity
duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in
any court having jurisdiction thereof.
§ 8.3.3 The award rendered by the arbitrator(s)shall be final,and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
§ 8.3.4 CONSOLIDATION OR JOINDER
§ 8.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any
other atbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration
permits consolidation;(2)the arbitrations to be consolidated substantially involve common questions of law or fact;
and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
§ 8.3.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a
common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,
provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an
additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question
not described in the written consent.
§ 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
Section 8.3,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and
Architect under this Agreement.
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be
considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension
of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give
seven days' written notice to the Owner before suspending services. In the event of a suspension of services,the
Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of
services.Before resuming services,the Architect shall be paid all sums due prior to suspension and any expenses
incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining
services and the time schedules shall be equitably adjusted.
§ 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of
such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the
interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time
schedules shall be equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect,the Architect may terminate this Agreement by giving not less than seven days' written notice.
§ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party
fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating
the termination.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
§ 9.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services
performed prior to termination,together with Reimbursable Expenses then due and all Termination Expenses as
defined in Section 9.7.
§ 9.7 Termination 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,plus an amount for the
Architect's anticipated profit on the value of the services not performed by the Architect.
AIA Document B101""—2007(fortnerly B151 T"'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
Init. reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution 17
of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum eztent possible
� under the law.This document was produced by AIA sofiware at 14:32:21 on 04/19I2016 under Order No.8606976271_1 which expires on 01I05/2017,and is
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§ 9.6 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this
Agreement are set forth in Article 7 and Section 11.9.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the law of the place where the Project is located,except that if the
parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern
Section 8.3.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007,General
Conditions of the Contract for Construction.
§ 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns and legal
representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the
written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for
the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement.
§ 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests
the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute
all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the
Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or
consents that would require knowledge,services or responsibilities beyond the scope of this Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
of a third party against either the Owner or Architect.
§ 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,
presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any
form at the Project site.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the
Project among the Architect's promotional and professional materials.The Architect shall be given reasonable
access to the completed Project to make such representations.However,the Architect's materials shall not include
the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of
the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide
professional credit for the Architect in the Owner's promotional materials for the Project.
§ 10.8 If the Architect or Owner receives information specifically designated by the other party as"confidential"or
"business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it
to any other person except to(1)its employees,(2)those who need to lrnow the content of such information in order
to perform services or construction solely and exclusively for the Project,or(3)its consultants and contractors
whose contracts include similar restrictions on the use of confidential information.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as
follows:
(Insert amount of, or basis for, compensation.)
The Predesigi phase services will be provided on a lump sum basis for a total fee according to Article 11.2.1,plus
reimbursable and with all approved additional services.
The Predesign phase will affirm the physical facility size and project construction budget.
Upon approval of the Predesign construction budget,a contract amendment will be executed to establish the
stipulated sum fee for the Schematic Design through Construction Administration phases,according to the following
basis:
AIA Document B701 T^'—2007(formerly B151 T"'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
Init. reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized repraduction or distribution �8
of this AIA� Document,or any poRion of it,may result in severe civil and criminal penalties,and will be prosecuted to the mazimum extent possible
f under the law.This document was produced by AIA soFtware at 14:32:21 on 04/19/2016 under Order No.8606976271_1 which expires on 01I05I2017,and is
not for resale.
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� 6.85%of the anticipated construction budget is$14,540,000
§ 11.2 For Additional Services designated in Section 4.1,the Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation.If necessary, list specific services to which particular methods of
compensation apply.)
§11.2.1 Additional Services Compensation,as follows:
Predesign $45,000
Review of one(1)additional site included
Subject Matter Expert $85,000(includes trips)
§ 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.3,the
Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation.)
I §11.3.1 Compensation shall be based on two and one-half(2 %z)times the Direct Personnel Expense,as defined in
Section 11.83 of Architect's personnel engaged in performing the services.
§ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or
113,shall be the amount invoiced to the Architect plus one and one tenth percent(1.1 %),or as otherwise stated
below:
§ 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work,
the compensation for each phase of services shall be as follows:
Schematic Design Phase Fifteen percent ( 15 %)
Design Development Phase Twenty-Five percent ( 25 %)
Traffic Study Thirty-Five percent ( 35 %)
Bidding or Negotiation Phase Five percent ( 5 %)
Construction/Closeout Twenty percent ( 20 %)
Total Basic Compensation one hundred percent ( 100 %)
§ 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are
deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent
services are performed on those portions,in accordance with the schedule set forth in Section 11.5 based on(1)the
lowest bona fide bid or negotiated proposal,or(2)if no such bid or proposal is received,the most recent estimate of
the Cost of the Work for such portions of the Project.The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not the Construction Phase is commenced.
§ 11.7 The hourly billing rates far services of the Architect and the Architect's consultants,if any,are set forth
below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review
practices.
(If applicable, attach an exhibit of hourly billing rates or insert them below.)
I See attached hourly rate schedule,from the proposal.
Employee or Category Rate
§ 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES
§ 11.6.1 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:
AIA Document B101 TM—2007(fortnerly B151 T'"—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
Init. reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution �9
of this AIA� Document,or any poRion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible
j under the law.This document was produced by AIA software at 14:32:21 on 04119/2016 under Order No.8606976271_1 which expires on 01/05/2017,and is
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M
.1 Transportation and authorized out-of-town travel and subsistence;
.2 Long distance services,dedicated data and communication services,teleconferences,Project Web
sites,and extranets;
.3 Fees paid for securing approval of authorities having jurisdiction over the Project;
.4 Printing,reproductions,plots,standard form documents;
.5 Postage,handling and delivery;
.6 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner;
.7 Expenses of computer-aided design and drafting equipment time when used in connection with the
Project;
.8 Renderings,models,mock-ups,professional photography,and presentation materials requested by
the Owner;
.9 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this
Project,or the expense of additional insurance coverage or limits if the Owner requests such
insurance in excess of that normally carried by the Architect's consultants;
.10 All taxes levied on professional services and on reimbursable expenses;
.11 Site office expenses; and
.12 Other similar Project-related expenditures.
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus one and one tenth percent(1.1 %)of the expenses incurred.
§11.8.3 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the
Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto,such
as employment taxes and other statutory employee benefits,insurance,sick leave,holidays,vacations,employee
retirement plans and similar contributions.
§ 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
If the Owner terminates the Architect for its convenience under Section 9.5,or the Architect terminates this
Agreement under Section 93,the Owner shall pay a licensing fee as compensation for the Owner's continued use of
the Architect's Instruments of Service solely for purposes of completing,using and maintaining the Project as
follows:
I Architect retains ownership of the Instruments of Service,per Article 7.
§ 11.10 PAYMENTS TO THE ARCHITECT
I § 11.10.1 An initial payment of Zero ($0 )shall be made upon execution of this Agreement and is the minimum
payment under this Agreement.It shall be credited to the Owner's account in the final invoice.
§ 11.10.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services
performed.Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid thirty (
30 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal
rate prevailing from time to time at the principal place of business of the Architect.
(Insert rate of monthly or annual interest agreed upon.)
I twelve percent(12%) per annum
§ 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or
liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in
the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution
proceeding.
§ 11.10.4 Records of Reimbursable Expenses,expenses pertaining to Additional Services,and services performed on
the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
AIA Document 6101 T"'—2007(fortnerly B151 T"'—1997).Copyright�O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
Init. �yerved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intematlonal Treaties.tJnautharized reproductivn or distribution 20
Df tlils ASA� Document,or any porlfan of Ft,may result in severe civil and criminal penallias,and will be prosecutcd to tF+e maximum eztent possible
� under the law.This document was produced by AIA soflware at 14:32:21 on 04119/2016 under Order No.B606976271_1 which expires on 01IO5I2017,and is
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§12.1 Limit of Liability. Neither the Architect,the Architect's consultants,nor their agents or employees shall be
jointly,severally or individually liable to the Owner in excess of the compensation to be paid pursuant to this
Agreement by reason of any act or omission,including breach of contract or negligence not amounting to a willful
or intentional wrong. In no event shall the Architect,the Architect's consultants,nor their agents or employees be
responsible or liable for damages for loss of profits,loss of use,loss of revenue,or far any other special,indirect,
incidental or consequential damages of any kind arising in any way in connection with this Agreement or the
Project.
§12.2 Remodeling. Inasmuch as the remodeling and/or rehabilitation of an existing building or structure requires
that certain assumptions be made regarding existing conditions,and because some of these assumptions cannot be
verified without expending great sums of additional money,or destroying otherwise adequate or serviceable partions
of the building or structure,the Owner agrees that,except for negligence on the part of the Architect,the Owner will
hold harmless and indemnify the Architect for and against any and all claims,damages,and costs of defense arising
out of such professional services involving those assumptions.
§12.3 Maintenance. The Owner agrees to indemnify the Architect from any and all liability should the Owner fail
to adhere to any published maintenance schedule for any material or product that is part of the Project.
§12.4 The date of Substantial Completion will be established in the Construction Documents or will
be based on the Contractors initial project schedule. Extended project representation of the Architect,due
to failure on the part of the General Contractor to meet the identified Substantial Completion date shall be
provided as an Additional Service. A cost per week of construction for each additional week required for
the Contractor to meet Substantial Completion shall be established based on twenty(20%)percent of the
Architect's total fee,divided by the total number of weeks originally anticipated for construction based on
the Substantial Completion date identified in the Construction Documents. The cost of additional project
representation shall be calculated based on the above-calculated cost per week. Contract Administration
services following Substantial Completion shall be provided as outlined in paragraph 2.6.6.
§12.5 3.6.2.1 The Architect shall provide site observations on an average of two visits per month during the
construction period for a maximum of twenty either(28)visits total.
§12.6 The Owner agrees to pay the Architect for the preparation of all Change Orders and bid alternates and any
contingency allocation based on eight(8%)of the construction value.
§12.7 If a Change Order or Construction Change Directive is necessary due to an omission,oversight or other act
caused by the Architect or Engineer,the Architect or Engineer shall prepare drawings,specifications and other
documents and support data(including evaluating Contractor's proposals)and provide any other design services as
may be required in connection with the change in the wark,at no cost to the Owner.The Owner shall be responsible
for all construction costs associated with the change.The cost of such work is to be deducted from the project
contingency.
§12.8 The Architect cannot provide certification regarding the presence or lack of presence of hazardous materials
within sriucture or the site.
§12.9 Architect's hourly billing rates for each discipline may change effective January ls�of each year that work is
performed under this contract.The increase in hourly billing rates will not affect the Architect's compensation for
Basic Services,but will be used for any Additional Service calculations occurring after change to hourly billing
rates.
§12.10 Design and document modifications relating to the change in project scope,design intent or material
change,after the approved Schematic Desi�Package,whether or not such changes are required due to budgetary
requirements of bid results,shall be provided as and Additional Service,calculated on the hourly rates in Article
11.7.
AIA Document B101 T'"—2007(fortnerly B151 T"'—1997�.Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
Init. reserved.WARNING:This AIA� Document is protected by U.S.Capyright Law and Intemational Treaties.Unauthorized reproduction or distribution 21
of this AIAm Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible
� under the law.This document was produced by AIA software at 14:32:21 on 04119/2016 under Order No.8606976271_1 which expires on 01I05/2017,and is
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ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 This A�eement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be
amended only by written instrument signed by both Owner and Architect.
§ 13.2 This Agreement is comprised of the following documents listed below:
.1 AIA Document B101TM-2007,Standard Form Agreement Between Owner and Architect
.2
(Paragraphs deleted)
Other documents:
(List other documents, if any, including Exhibit A,Initial Information, and additional scopes of
service, if any,forming part of the Agreement.)
! Exhibit A—Subject Matter Expert Scope of Services
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
(Signature) (Signature)
(Printed name and title) (Printed name and title)
AIA Document 8101 T"'—2007(fortnerly B151 T"'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
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of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible
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HERO CENTER PROJECT SCHEDULE
The estimated project schedule is as follows:
May 2016 Commence pre-design, proposed project budget
1St Quarter 2017 Presentation of pre-design to City Councils
2"d Quarter 2017 Public comment on HERO Plan, Communication Plan
2"d Quarter 2017 Submit for Governor's 2018 bond request.
3rd Quarter 2017 Design development commencement bonding tour
4t" Quarter 2017 Design development completion
1 St Quarter 2018 Legislative bonding request
2"d Quarter 2018 End of legislative session and hopeful project funding
3rd Quarter 2018 Minnesota Office of Management and Budget: bonding and
construction agreement
3rd Quarter 2018 Construction document development
4t" Quarter 2018 Bid project
1 St Quarter 2019 Award project
2"d Quarter 2019 Commence construction
4t" Quarter 2019 Open HERO Center