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RES 2004-0590 - Agnmt with DLR Group Inc for jount publi and community college library at 28th and Q Sts °yflAfiA.,v4,4 �� Public Works Department zLpia� n Omaha/Douglas Civic Center n® !'( � :06 ,2 May 1 1 , 2004 1819 Farnam Street,Suite 601 ° Omaha,Nebraska 68183-0601 A°4. (402)444-5220 44Fo FE130"pry Telefax(402)444-5248 City of Omaha Norm Jackman,P.E. Mike Fahey,Mayor Acting Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an agreement with DLR Group, Inc. to perform architectural and engineering services for a joint public library and community library to be located along "Q" Street at approximately 28th Street. An agreement between the City of Omaha and. Metropolitan Community College was approved by Ordinance No. 36545, passed on March 2, 2004, for this project creating a joint entity to build and operate the facility. This agreement is between DLR Group and the joint entity, the Omaha Public Library — Metropolitan Community College Library. DLR Group, Inc. has agreed to perform the architectural and engineering services as detailed in the attached agreement for a fee of $532,000.00. The City's 62% share will be paid from the South Omaha Construction Organization 117022, South Omaha Library Construction Fund 13442, year 2004 expenditure in the amount of$329,840.00. The Omaha City Council will issue bonds to cover this expenditure. DLR Group, Inc., was selected to perform the required engineering services in accord with the Architect's and Engineer's Review and Selection Committee. DLR Group, Inc., has filed the required Annual Contract Compliance Report Form, CC-1, in the Human Relations Depaitinent. The Public Works Department requests you consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: 5' ' 03` vzf �o 6 �3 / Norm Jackman, P.E. Date Mayor's Office/Title Date Acting Public Works Director Approved as to Funding: Approved: s5—A/64 /0 tanley Ti Date Gail Kinse�mpsoiti Date Finance Di ector Human Relations Director P:\PW2\14369maf.doc • • : • 4 431,0*.,iii Omaha 4, ..._ Q 6�/ O� September 20, 2004 A METROPOLITAN COMMUNITY COLLEGE 2J �Qa Q Robert Sink Environmental Services Manager 1819 Farnam Street Suite 600 Omaha, Nebraska 68183 RE: AIA Contract Document Omaha Public and Metropolitan Community College Library Bob, Enclosed is a signed copy of the AIA Document regarding the above mentioned project for your records. If you have any questions please feel free to contact me. Sincerely, Bernie Sedlacek Director, Facilities Management Enclosure w\,-' &WA 4 I o1 ' ' Elkhorn Valley Campus Fort Omaha Campus South Omaha Campus Fremont Center Sarpy Center 402.457.2400 800.228.9553 T . } 1997 Edition - Electronic Format AIA Document B151 - 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of theist day of April in the year Two Thousand Four (2004) (In words,indicate clay,month and year) • BETWEEN the Architect's client identified as the Owner: (Name,address and other information) Omaha Public Library Metropolitan Community College Library 27th and Q Streets Omaha. NE and the Architect: (Name,address and oilier information) DLR Group inc. -A Nebraska Corporation 400 Essex Court Omaha, NE 68114 For the following Project: (Include detailed description of Project) A New Library of approximately 32,000 SF located at 27th & Q Streets in Omaha. NE DLR Project No. 1002125-00 The Owner and Architect agree as follows. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2,3 and 12. 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project.The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds upon approval of Owner. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause determined by the Owner, be exceeded by the Architect or Owner. 1.3 The Architect shall designate a representative authorized to .act on behalf of the Architect with respect to the Project. 1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph n.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION © 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 1 1 2.1.1 Notwithstanding anything in this Agreement to the contrary, Architect's Basic Services consist of all services described in this Agreement except for those services expressly identified as Additional Services in Article 3 of this Agreement. 2.1.2 The Architect is authorized to proceed with services described in 2.2 below, and such other services described in Article 12 related to or part of the Schematic Design Phase, upon execution of this Agreement by both the Owner and the Architect. The Architect shall not provide any services other than the Schematic Design Phase and related services unless and until expressly authorized by each Owner's governing body or its designee.The Architect's Basic Services consist-ef4hese- described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services,and include normal r-mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program,schedule and construction budget requirements, each in terms of the other,subject to the limitations set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. This estimate shall be broken down by building systems. 2.2.6 The Architect shall prepare a color rendering of the approved Schematic Design using either computer visualization or hand drawing. Two copies shall be made for the Owner's use. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget,the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner,Construction Documents consisting of © 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects.Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b15lsolibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 2 t ' x Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding • information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. Prior to advertising for bids, Architect shall provide all such documents to Owner for review, modification and approval. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 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. 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining and reviewing bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 6e120 days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below or in the edition of AIA Document A101 or A201, 1997 Editions, as modified by agreement of the parties and applicable to the Contract for Construction for the Project. If there is any conflict or ambiguity in, between or among applicable terms or conditions, the greater quantity, better quality or higher standard of performance shall control.The Architect- Ball provide ntion-ef the Contract for- Construction as set forth below and in the edition of AIA Document A2oi, General Conditions ef-he Contract for Construction, current-as-of'the date-ef this Agreement, unless othenvise- pravheed-rrf this Agreement. Mod ns made e the Cencral Conditions, when adopted-as- part-of the Contract Documents,-shell-be enforceable under this Agrecmcnt-elr-te the extent- that they arc consistent with this Agreement or approved in writing by the Architect. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consenter the Contractor, which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment and approved by the Owner. 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed,(2) to endeavor © 1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 3 3 • r t to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work 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. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not 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 negligence, acts or omissions, and the negligence, acts or omissions of Architect's employees, officers, agents, representatives and assigns, but shall not have control over or 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, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized by the Owner, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review, recommend and certify to the Owner the amounts due the Contractor and shall issue certificates in such amounts.The architect-shall recommend to the Owner review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.6.9.2 The Architect's recommendation for payment shall constitute a representation to the Owner, based on the Architect's observation and evaluation of the Work The Architect's rccommendationce tification fee payment-shall constitute-e representation4e-the- Owner, based -ee the Architect's ef the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment,that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the.Work is in accordance with the Contract Documents. The foregoing representations are subject (i) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion,and(4)to specific qualifications expressed by the Architect. 2.6.9.3 The recommendationissuance -ef -a Certificate for Payment shall not be a representation that the Architect has (i) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed 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. © 1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 4 2.6.10 The Architect shall advise and make recommendations to the Owner in writing regarding rejection ofhave authority-fe-reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility 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. 2.6.11 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. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services,certifications or approvals performed by such design professionals. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives,with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion,shall 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 shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor 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. 2.6.16 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 initial decisions,the Architect shall endeavor © 1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 5 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 so rendered in good faith. 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 Architect shall meet and review the status of the Work with Owner representatives at the regularly scheduled weekly meetings with the Construction Manager and at such other times required by this Agreement.The Architect's decisions- on claims,disputes or other matters in question between the Owner and Contractor,except for these relating 4e aesthetic effect-as provided -i-* Subparagraph 2.G.17, shall be subject 4e- mediation and arbitration as provided in this Agreement and in the Contract Documents. 2.7 POST CONSTRUCTION SERVICES 2.7.1 The Architect will conduct a walk-through of the project with the Owner and the Contractor approximately ten months after Substantial Completion for the purpose of observing and recording any Contractor Warranty items. If any warranty items require the involvement of the Architect, these services shall be Additional Services. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 2, Article 12 or elsewhere in this Agreement, or arising out of or resulting from any negligent error, omission, mistake or fault of Architect, its agents, representatives, employees or assigns: and such services that are not Basic Services identified in Article-±e -t ey shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 through atte1 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required,the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required,the Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect,and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. © 1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 6 • • 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents;or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including,but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph • 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives as authorized by the Owner. 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction,and furnishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor,or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing,a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate,separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. © 1974, 1978, 1977, 1987,© 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document: 97b15lsolibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 7 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project, except es to appear before the Planning Board/City Council for representation on Conditional Use Permit, or other requirements for zoning changes, and except for such Additional Services such as providing relevant documents and materials, but not including appearance at hearings, required to obtain approval of the Coordinating Commission for Postsecondary Education or the approval of either Owner. 3.4.5 Providing services relative to future facilities,systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost beyond the level of building systems described in Paragraph 2.2.5 above. 3.4.11 Providing detailed quantity surveys or inventories of material,equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with 5 1 t 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints,drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance,and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 6e120 days after the date of Substantial Completion of the Work, except for services required by 2.7, except (i) for services required by 2.7 and (ii)for services that are provided during a period equal to the period of any delay due to any negligence, act or omission of Architect (in which event the period of Basic Services shall be extended by a period equal to the delay). © 1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 8 , 1, 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not • customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner-shell furnish 4e the Architect, within -t5-days-afteE receipt -of-o written request, - haferioatiee necessary and relevant for-the Architect-to evaluate, give notice-4-ef enforce lien- rights. 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost,the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project, subject to any limitations on the representative's authority to act as specified in the authorization or applicable laws, rules, regulations or Owner policies or procedure.. The Owner or, subject to any such applicable limitations, such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.4 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;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. 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits,determinations of soil bearing values, percolation tests,evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions,with reports and appropriate recommendations. 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests, except for such services to be provided by the Architect pursuant to this Agreement. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for © 1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97bl5lsolibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 9 Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 - shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including any errors,omissions or inconsistencies in the Architect's Instruments of Service; provided, however, the Owner's providing or failure to provide notice under this Paragraph 4.10 shall not in any way release Architect from, or reduce, any liability or responsibility of Architect for any negligent fault, defect, errors, omissions or inconsistencies. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed,the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for • contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants,the costs of the land,rights-of-way and financing or other costs that are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor,materials or equipment,over the Contractor's methods of determining bid prices,or over 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 Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, 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 adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. © 1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation untii the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665, which expires on 7/31/2004. 10 5.2.3 If the Bidding or Negotiation'Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner,any Project budget or fixed limit of Construction Cost shall be adjusted as approved by the Owner to reflect changes in the general level of prices in the construction industry. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5;or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit,if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE SEE PARAGRAPH 12.3 674 Drawings, specifications and other documents, including those-in electronic form,- prepared-by the Architect and the Architect's consultants are Instruments-of Service for-use- selely with respect-to this Project. The Architect and the Architect's consultants-shell-be- deemed the authors and owners-ef-their- respective Instruments-of Service and-shell retain-all- common law,statutory and other reserved rights,including copyrights. 6-� Upon execution-4 this Agreement,4he Architect grants4e the Owner-a nonexclusive - license4e reproduce the Architect's Instruments€Service-selely for purposes constructing, using-and maintaining-the Project, provided that the Owner-shall comply with all obligations,- including prompt payment-f-all sums when due, under this Agreement. The Architect-shell- ebtein similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. - Agreement. Any termination-of this Agreement prior 4e completion-4 the Project-shall- terminate this license.-blpen such termination, the Owner-shall refrain-€r-ei}s making further- repreductiens-ef Instruments-of Service and-shall return-te the Architect within seven-c-le s$€- termination-all originals and reproductions-in the Owner's possession-er control.-lf and upon- the-Elate-the Architect-is adjudged-ie default-4 this Agreement, the foregoing license-shell-be- deemed terminated and replaced-by-a second, nonexclusive license permitting the Owner-te- autherize other similarly credentialed design professionals-te reproduce and, :here permitted- by-law -te-make changes, corrections� additions-te-the Instruments-e€ Service solely for- purposes of completing,rising and maintaining the Project. 6-3 Except for the licenses granted Paragraph-6a -ise other licensees right-shall-be- deemed granted-Of implied-under this Agreement. The Owner-shell not as.,ign, delegate,- sublicense,pledge or otherwise transfer any license granted herein to another party without the prier-written agreement-ef the Architect. However,-he-Owner-sell-be permitted to authorize- the Contractor, Subcontractors, Sub subcontractors and material-es' equipment suppliers4e- reproduce applicable portions of the Instruments of Service appropriate to and for use-in their execution-ef-the-Weak-by license granted-ie Paragraph-6- Submission-es' distribution-ef © 1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 11 Instruments-ef Service 4e meet official' regulatory requirements-er for similar purposes eerteeetiee with the Project is not to be construed-as publication-in derogation of the reserved- of Service for future additions-er alterations-te this Project-er for other projects, unless the Owner obtains-the prior written agreement-ef the Architect and the Architect's consultants. - Any unauthorized use-ef-the Instruments-of Service shall-be-at-the Owner's sole risk and- a 1' bili t t \rch:tect .,] the Architect's .ltants 6-4' i far m-the-9wner providing-te-the Architect any electronic-Elate for incorporation into the- Instruments-ef Service,-the Owner and-he Architect-shell by separate written agreement-set- ferth the specific conditions governing the format-ef such Instruments-ef Service or electronic ,7 t 1 di l l' it..t: rli of oth ided th n, t ARTICLE 7 DISPUTE RESOLUTION The Owner and the Architect will address any claim, dispute, or other matter arising out of this Agreement in the following manner: 7.1 DIRECT NEGOTIATION Direct Negotiation, as defined below,will be the initial process utilized by the parties. Either the Owner or the Architect may make a request for Direct Negotiation as an initial attempt to resolve any claim, dispute, or other matter arising out of this Agreement, and, if all parties agree, they shall engage in Direct Negotiations through Direct Negotiation Representatives. Direct Negotiation Representatives of the parties shall be the Owner's Designated Representative and the Architect's Designated Representative. Direct Negotiation will take place at the project worksite or at a location as agreed to by Owner's and Architect's Designated Representatives. Direct Negotiations will be conducted at meetings attended by all Direct Negotiation Representatives. The frequency of meetings shall be as agreed by all of the parties. If agreement as to frequency of meetings cannot be reached, the meetings shall be held once each week during the period of Direct Negotiations. The period of Direct Negotiations shall be thirty (30) days, unless all of the parties agree that the period shall be a specified shorter or longer period. If at any time during Direct Negotiations any party determines in its sole discretion to cease or not further engage in Direct Negotiations. all Direct Negotiations shall cease upon written notice of the party to the other parties and each party shall then have the option to proceed with any other remedy available at law or equity. 74 MEDIATION Any claim, dispute-er other matter-ill question arising out-ef-er related-te this- Agreement shall-be subject-te-mediation-as-a condition precedent-te arbitration-or the- i„stiitution-e-f legal-er equitable proceedings-by either-party--If such matter relates-te-er-is the- subject of a lien arising eat of-the Architect's ser-viEes,the Architect ma y -,,ea i,, accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. © 1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 12 7.1.2 The Owner and Architect shall endeavor esolYe-claii ,disputes and other matters in-ctnestion between them-by mediation which, unless the parties mutually agree otherwise,- shall-be-in accordance with-the Construction Industry Mediation Rules-of the American- Arbitration Association currently-in effect. Request for mediation-shell-he filed in writing with the other-paty-te this Agreement and with the American Arbitration Association. The request- may-be made concurrently with the-ling€-a demand for arbitration but,-in-s eh event, - mediation shall proceed in advance of arbitration or legal or equitable proceedings,which shall be stayed pending mediation for a period of-6e-days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 7.1.3 The parties-shall share-the mediator's fee and any filing-fees equally. The-mediation- shall-he-held-i-the-pleee where the Projects located, unless another location-is mutually- agreed upon. Agreements -in mediation-shall-be enforceable-es settlement agreements- in any court having jurisdiction thereof. 7.2 MEDIATIONARSITRATION 7.2.1 Any claim,-dispute-ef other matter tom-arising outcif-dr related-te this. - agree neat-het resolved-Vac-au-0 Directs defined -7- shall-be- subject to mediatioi us a condition precedent to the institution of legal proceedings by either-party---lf such matter relates-to-ef-+s the-suibject-ef-a lien_aris he out-ef the- Architect's services, the Architect -proceed-its accordance-wit# livable-lain,`-te- c ly-with the lien notice-ef f� deadlines-prier-te resolution-ef the matter-by- mediation. - ediation, unless the parties mutually-agree otherwise, shall-be-irr- aeserdanee -with the Construction Industry Mediation Rule:, -ef the American - Arbitration-Assoc etirrently-is effect.--Request for mediation shall-be filed-is- writing-with-the other-party-te this-Agreement-ahel-with the American Arbitration- Association. Mediation shall proceed in advance of legal proceedings which shall be sta d pendiaQ mediation for-a poried of for a longer period by agreement of the parties or court order. 7.2.2 The-parties shall share the mediator's fee and-,ar}y ,f�-fees ally.- The- mediation shall-be held-ir} the place where-the-Rreject-is located, unlesf, another- II location -is -mutually }reed +per. - Agreements reached -is mediation shall -be - 7.2.1 Any claim, dispute-or other matter-in question arising-ant-of-or related-te this Agreement - Agrecment-sall-be subject-to arbitration. Prior4e arbitration, the parties-shall-endeavor 4e- 7.2.2 Claims, disputes and other matters-n question between the parties that-are not- resolved-hy mediation-shall-be decided-by arbitration which, unless-the parties mutually agree- ' otherwise,-shall-be-in accordance-with-the Construction Industry Arbitration Rules-ef the- American Arbitration Association currently-in effect. The demand for arbitration shall be filed in-writing-whit-the other -ley-te this Agreement and with-the American Arbitration- Association. 7.2.3 A demand-for arbitration-shell-be made within-a reasonable time-after the claim, - dispute-er other matter-in question has arisen.-In-rue event shall the demand for arbitration be rmade-after-the date when-institution-ef legal-or equitable proceedings based-en such claim,- dispute or other matter in question would be barred by the applicable statute of limitations. 7.2.1 Ne arbitration arising wit -of-or relating -to this Agreement -shall include, -by - eenselidatien-er-joinder-er-in any other manner,-an additional person-er entity not-party-to- © 1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 13 this Agreement, except-by written consent containing-a specific reference-to this Agreement- end signed-by the Owner, Architect, and any other person-ee entity sought-te-be joined.- Consent-te arbitration involving additional person—entity-shall not constitute consent-te arbitration-ef any claim, dispute-er other matter-in question not described-it}-the written- consent or with a person or entity not named or described therein.The foregoing agreement to arbitrate and other agreements-to arbitrate with-an additional person-of entity-4u4y teR- te-by parties-to this Agreement-shall-be specifically enforceable-ie accordance with applicable- ls„ rcourt hav-in sdiction thereof. 7.2.5 The award rendered-by-the arbitrators arbitrators-sliall-be final, and judgment may- b . ,l i ..d .ith ,li able la ..i h ; sdict: th of 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims,disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable,without limitation, to all consequential damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 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 terminate this Agreement or suspend services, prior to doing so. suspend services, prior-te suspension-of services, the Architect shall give thirtyseven days' written notice to the Owner. 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. 8.2 If the Project is suspended by the Owner for more than 3o consecutive days, 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. 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than thirtyseven days'written notice. 8.4 This Agreement may be terminated by either party 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. 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and with or without cause. 8.6 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 Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is © 1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document: 97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 14 not otherwise compensated_, plus an amount fer the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the State of Nebraskaprincipal place of business of the Architect,unless otherwise provided in Article 12. 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A2o1, General Conditions of the Contract for Construction,current as of the date of this Agreement. 9.3 Notwithstanding anything in this Agreement to the contrary, the maximum period for instituting suit on a claim or cause of action arising out of or resulting from this Agreement shall be the maximum period allowed under Nebraska law, as amended from time to time, for instituting suit on such claims or causes of action, taking into account accrual and/or tolling of a claim or cause of action as provided under Nebraska law.Causes-ef action between the parties4e this Agreement pertaining4e- acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shell commence4e-ram not later than either the date-ef Substantial Completion for acts-ef- failures4e-aet occurring prior-e Substantial Completion-er the dato-ef i cuance-ef ke al Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event all seth statutes-ef limitations commence-to run any later than the-44e when the- Architect's services arc substantially completed. 9.4 To the extent damages are covered by contractor's property insurance and builder's risk insurance during construction, 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 the edition of AIA Document A2o1, General Conditions of the Contract for Construction,current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of 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 an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. Notwithstanding anything in this Agreement to the contrary, the Owner shall have the option to assign this Agreement to one or more nonprofit corporations or other entities established to develop, construct and/or finance the Project or any part thereof. 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 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. © 1974, 1978, 1977, 1987,© 1997 by The American Institute ot Architects.Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 15 • J , 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants 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. 9.9 Subject to Owner's written consent, 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 have the option to provide provide professional credit for the Architect in the Owner's promotional materials for the Project. 9.10 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. The Architect shall not be required to execute certificates that would require knowledge,services or responsibilities beyond the scope of this Agreement. 9.11 INSURANCE Throughout the entire period of performance by Architect, Architect shall maintain, the following minimum insurance: .1 Commercial General Liability - Architect shall maintain a policy of commercial general liability insurance with Policy limits not less than $1,000,000 each occurrence and $2,000,000 aggregate for bodily injury and damage to property. Owner is to be included under such policy as additional insured to the extent of liability assumed by Architect, with coverage to be primary and not contributory with any such coverage maintained by Owner. The policy shall contain a severability of interests provision in favor of the additional insureds. .2 Automobile Liability - Architect shall maintain automobile liability insurance covering all owned, rented, and non-owned vehicles operated by Architect with policy limits of not less than $1,000,000 combined single limit and annual aggregate for bodily injury and property damage combined. .3 Workers' Compensation - Architect shall provide statutorily required Workers' Compensation insurance. Architect shall maintain coverage for employers' liability with a policy limit of not less than $500,000. .4 Professional Liability - Architect shall maintain professional errors and omissions liability insurance covering liability of Architect arising out of negligent acts, errors, or omissions in the rendering of the professional services to be provided under the Agreement in the amount of $1,000.000 per claim and in the aggregate. Coverage shall be maintained for the term of services under this Agreement. If Owner chooses to acquire a policy of professional liability insurance for the Project, then Owner and Architect must agree on the limits of coverage, parties covered, deductible required and length of the policy period after substantial completion of the services. .5 General Requirements - All deductibles and premiums associated with the above coverages except a project specific policy of professional liability insurance shall be the responsibility of Architect. The use of umbrella or excess liability insurance to achieve the above required liability limits is permitted, provided that such umbrella or © 1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 16 excess insurance results in the same type and amounts of coverage as required under the required individual policies identified above. .6 Certificates of Insurance - Architect shall provide to Owner certificates of insurance evidencing compliance with the insurance requirements. Insurance shall be provided by one or more insurance companies authorized to write insurance in Nebraska and rated AM Best A-VII or higher. .7 The Architect shall ensure that all Consultants engaged by the Architect carry and maintain sufficient insurance that is appropriate to the project in the reasonable discretion of the Architect. .8 The Architect and Consultants shall submit proof of such insurance to the Owner before commencement of work.cubmittakof the first invoice. The insurance policies shall incorporate a provision requiring written notice to the Owner at least thirty (30) days prior to any cancellation, nonrenewal, or material modification of the policies. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 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. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses and specifically authorized by Owner: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence,and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project_ other than Owners; .3 reproductions,plots,standard form documents,postage,handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models, aid mock-ups and computer-generated animations requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project-related expenditures. © 1974, 1978, 1977, 1987,© 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 17 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 Ail initial payment-as-set-fe#Eh4n Paragraph-H-±-45 the minimum payment under this- Agreement. • • 10.3.2 -pPayments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 1.1.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any additional services rendered during the additional period of time shall be computed in the manner agreed to in advance by Owner and Architect.sct forth in Subparagraph n.3.2. 10.3.4 When compensation is based on a percentage of Construction Cost 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 before they are deleted, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (i) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors,or on account of the cost of changes in the Work other than those for which the Architect is liable.has been- adjudged to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS Architect agrees to maintain records and accounts, including personnel, financial, and property records, sufficient to identify and account for all costs pertaining to the Project and certain other records as may be required by the Owner to assure proper accounting for all Project funds. These records shall be made available to the Owner for a period of five years after the expiration of this Agreement.Records of Reimbursable Expenses and expenses pertaining to Additional Servi ' " 'forme`' on the basis of hourly rates--multiple-4 Direct Personnel Expense-shall-be available4e the Owner-4-the- Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: • 11.1 An Initial Payment of Zero Dollars ($0 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 For Basic Services, as described in Article 2,and any other services included in Article 12 as part of Basic Services,Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply,if necessary.) Stipulated sum of$532.000.00 .©,.1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 18 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: • (Insert additional phases as appropriate.) Schematic Design Phase: $55,470 Ten percent( 10 %) Design Development Phase: $76,130 Fourteen percent( 14 %) Construction Documents Phase: $262,015 Fifty percent( 50 %) Bidding or Negotiation Phase: $9,900 Two percent( 2 %) Construction Phase: $117,555 Twenty-Twopercent (22 %) Post Construction Phase $10,930 Two percent(2%) Total Basic Compensation: $532,000 one hundred percent(r00%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compensation shall be computed as follows: Negotiated Lump Sum or other amount for services approved by Owner. 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (i) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants,compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and c/acsi6,employees, if required. Identify specific services to which particular methods ofcoinpensation apply,ifnecessaiy) To be negotiated based on hourly rates shown on Exhibit'B', services and hours approved by Owner. 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of ( ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12,if required.) 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Paragraph ro.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of One (1.0 ) times the expenses and approved by Owner and incurred by the Architect, the Architect's employees and consultants directly related to the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Basic Services covered by this Agreement have not been completed within the later of Thirty ( 30 ) months of the date hereof or 120 days after the date of final completionmen#s-e€the date hereof, through no negligence, act or omission fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs mo.3.3 and n.3.2. 11.5.2 Payments are due and payable Thirty ( 30 ) days from the date of the Architect's invoice is received by Owner. Amounts unpaid Sixty ( 60 ) days after receipt of the invoieethe 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 ofinterest agreed upon.) 8 percent per annum simple interest. © 1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 19 a} , I (Usury laws and requirements under the Federal'Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.Specific legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) 11.5.3 The rates and multiples set forth for Additional Services shall be per Exhibit B.adjusted in accordance with the normal salary review practices of the.Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identi5 Additional Services included within Basic Compensation and modifications to the payment and compensation(elms included in this Agreement.) See Exhibit A. This Agreement entered into as of the day and year first written above. Grou i c. rI a Cora OWNER (Signature) ARCHITECT (Signature) ( �R Mike Fahey, Mayor EDWARD LEACH, AIM Dr. MOsk1 PRINCIPALL IN THE FIRM President (Printed name and title) (Printed name and title) r Bid - 4 f y � , , APPROVED AS 0 FORM: DEPUTY My a,TTnPNEY • • • © 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document:97b151solibrary.aia--4/27/2004.AIA License Number 1026665,which expires on 7/31/2004. 20 • SOUTH OMAHA BRANCH LIBRARY AIA DOCUMENT B151 — EXHIBIT "A" 12.1 ARCHITECT'S RESPONSIBILITY 12.1.2 The Architect shall perform the service described in the Agreement with that degree of care, skill and diligence ordinarily exercised under similar conditions and in the performance of similar services with respect to projects of a similar nature to those services contemplated by this agreement by competent members of the architectural and engineering professions practicing in the area of the location of the project. _ 12.1.3 The Architect acknowledges that an Interlocal Cooperation Agreement, dated March 4, 2004, exists establishing conditions related to the design of this Project. Any requirements or conditions related to the Architect's services in the Interlocal Cooperation Agreement are incorporated into this Agreement by reference. 12.2 SCOPE OF ARCHITECT'S BASIC SERVICES 12.2.1 In addition to services described elsewhere in this Agreement as Basic Services, the following services are authorized by the Owner to be performed by the Architect as part of the Basic Services: 12.2.1.1 Civil Engineering/Site Planning 12.2.1 .2 Landscape Architecture 12.2.1.3 At the time this Agreement is entered, the parties do not know whether or not the Project requires LEED certification. The Owners require additional information to decide whether certification is necessary, and any services the Architect provides at request of and to assist the Owner in reaching a decision regarding LEED certification will be Additional Services. In the event the Owner decides that LEED certification is necessary, any Architect's services related to obtaining such certification of the Project shall be provided at a cost of between $54,000 and $74,000 plus reimbursable expenses related to the certification process. 12.2.2 BIDDING OR NEGOTIATION PHASE 12.2.2.1 Notwithstanding Article 2.5, it is understood and agreed that the City will handle and provide all bid letting activities including printing, advertising and receipt of bids and award of construction contracts. 12.2.3 CONSTRUCTION PHASE ADMINISTRATION OF THE CONSTRUCTION CONTRACT 12.2.3.1 The Architect will visit the site an average of once per week from the start of construction through substantial completion, depending upon work activities and weather conditions. 4/1/04 Page 1 10-02125-00 U • 12.3 USE OF ARCHITECT'S DRAWING'S - • 12.3.1 The Drawings, Specifications and other documents prepared by the Architect for this Project shall become the property of the Owner. The Architect shall retain all copyright interest not inconsistent with Owner's property interest. The Owner will use the Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. No additional compensation shall be due the Architect from the Owner for such plans and specifications. However, if the plans and specifications are re-utilized by the Owner, the Owner agrees to contract with the Architect for any required adaptations, contingent upon the negotiation of a fee for this service acceptable to both the Owner and the Architect. Notwithstanding anything in this 12.3 or elsewhere in this Agreement to the contrary, (i) Architect shall, except to the extent a Drawing, Specification or other document or instrument of service ("Architectural Documents") is requested or required by this Agreement or the Contract Documents earlier, or a greater number is requested or required, provide each Owner three complete sets of all Architectural Documents in hard copy as well as electronic form, in whatever state of completion they are at that time, upon the earlier of the completion of Architectural Documents or termination of this Agreement, without any agreement or act; and (ii) each Owner shall have the right to, at any and all times during and after this Agreement, including, but not limited to, upon or after suspension or termination of this Agreement for any reason, use and make copies of any and all Architectural Documents developed by Architect pursuant to this Agreement in whatever form existing and whatever state of completion at the time of use, and for any purpose whatsoever, without any agreement, act or compensation to Architect required, except, however, that Owner shall not sell or transfer ownership of the Architectural Documents to any party unaffiliated with the Owner. In the event of termination, printing of Architectural Documents shall be a reimbursable expense. 12.4 BASIC COMPENSATION 12.4.1 For Basic Service defined in Paragraph 2.1, 2.6, the compensation shall be as follows: See Paragraph 1 1.2.1 1.2.2. 12.5 COMPENSATION FOR ADDITIONAL SERVICES 12.5.1 See Exhibit "B", subject to approval of Owners as to any additional services proposed. 12.6 NONDISCRIMINATION AND CIVIL RIGHTS COMPLIANCE 1. Neither the Owner nor the Architect shall, in the performance of this Agreement, discriminate or permit discrimination against any person because of race, sex, political or religious affiliations or opinions or disability in violation of federal or state statutes or City ordinances. 4/1/04 Page 2 10-02125-00 1 • • 12.7 FORBIDDING USE OF OUTSIDE AGENTS 12.7.1 The Architect warrants that he has not employed or retained any company or person, other than bona fide employees working for the Architect or an Attorney or Attorneys disclosed to the City, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee or such Attorney or Attorneys, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Owner shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. RESPONSIBILITY OF CLAIMS AND LIABILITY 12.8 RESPONSIBILITY OF CLAIMS AND LIABILITY 12.8.1 Architect shall carry professional liability insurance and shall carry Worker's Compensation insurance in accordance with the statutory requirements of the State of Nebraska. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Owner and the Architect, the risks have been allocated such that the Owner agrees that, to the fullest extent permitted by law, the Architect's total liability to the Owner for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this Agreement from any causes, shall not exceed $1,000,000. Such causes include, but are not limited to, the Architect's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. 12.9 NONRAIDING CLAUSE 12.9.1 The Architect shall not engage the services of any persons presently in the employ of the City or College for work covered by this Agreement without the written consent of the employer of such persons. 12.10 GENERAL COMPLIANCE WITH LAWS 12.10.1 The Architect, and all design and other services under this Agreement, shall incorporate and are performed to comply with applicable laws, codes and regulations in effect as of the date of this Agreement or as enacted during this Agreement. Design changes made necessary by newly enacted laws, codes and regulations after the date that the affected services under this Agreement are performed shall entitle the Architect to a reasonable adjustment in the schedule and additional compensation in accordance with the Additional Services provisions of this Agreement. 12.11 PROFESSIONAL REGISTRATION AND SUBCONTRACTORS 12.11.1 The Architect hereby agrees to the services of Registered Professional Architects and Engineers licensed to practice in the State of Nebraska to review, approve and seal all plans hereunder. 4/1/04 Page 3 10-02125-00 • 12.11.2 The Architect agrees to provide these services using staff personnel with specialized skill, experience and professional qualifications. Any service subcontract shall first have the written approval of the Owner. 12.12 FAIR EMPLOYMENT PRACTICES ACT 12.12.1 The Architect agrees to abide by the provisions of the Nebraska Fair Employment Act of 1965, R.R.S 1943, 48-1 101 through 48-1125. 12.13 SUCCESSORS AND ASSIGNS 12.13.1 This Agreement shall be binding on successors and assigns of eitherparty. 12.14 SUBLETTING, ASSIGNMENT OR TRANSFER 12.14.1 Subletting, assignment or transfer of all or part of the interest of the Architect is hereby prohibited unless prior written consent of the other parties is obtained therefore. 12.15 UNEMPLOYMENT COMPENSATION FUND PAYMENTS 12.15.1 Before final payment is made by the Owner to the Architect of the final three percent (3%) due hereunder, the Architect shall furnish the Owner a written clearance from the Commissioner of Labor of the State of Nebraska certifying that all payments due of contributions or interest which may have arisen under this Contract have been paid by the Architect, or its subcontractor to the Unemployment Compensation Fund of Nebraska. 12.16 PAYMENT FOR SERVICES, MATERIAL AND EQUIPMENT 12.16.1 The Architect agrees to pay all persons, firms or corporations, having contracts directly with the Architect or with subcontractors of Architect, all just claims due them for the payment of material and equipment furnished, and for the payment of material and equipment rental and which is actually used or rented in the performance of this Contract. 12.17 ASSESSMENT FOR TAXATION 12.17.1 Architect shall comply with, and shall cause to be complied with L.B. 126 73' Session of the Legislature of Nebraska (1963) and shall furnish a certified statement to be attached to the Contract that all equipment to be used on the Project, except that acquired since the assessment date, has been assessed for taxation for the current year, giving the County where assessed. During the performance under this Contract, additional such statements shall be furnished by the Architect as may be required by such law. 4/1/04 Page 4 10-02125-00 • 12.18 ASBESTOS/HAZARDOUS MATERIAL - 12.18.1 It is understood and agreed that this Agreement does not contemplate handling of, or design including the use of asbestos or any hazardous waste materials, and Architect certifies that no asbestos materials will be incorporated into design or specifications of this Project. 12.18.2 It is further understood and agreed that the handling or removal of asbestos or asbestos products involves certain health risks which require specific safety measures. The Architect shall not be responsible for safety and safety measures on the job, including measures for the protection of employees, contractors, or subcontractors, nor for the protection of the general public. Such responsibility for safety and safety measures is, and shall remain, that of the contractor. Therefore, except for claims and damages arising from willful acts of the Architect, the Owner agrees to hold harmless, defend and indemnify the Architect from all claims, suits, expenses, or damages arising from or alleged to arise from exposure to inhalation of asbestos or asbestos fibers. 12.18.3 Nothing in this Agreement shall impose liability on the Architect for claims, lawsuits, expenses, or damages arising from, or in any manner related to the exposure to, or the handling, manufacture, or disposal of asbestos, asbestos products, or hazardous waste in any of its various forms, as defined by the Environmental Protection Agency. 12.19 REMODELING 12.19.1 Inasmuch as the remodeling and/or rehabilitation of an existing building or structure requires that certain assumptions be made regarding existing conditions, and because some of these assumptions cannot be verified without expending great sums of additional money, or destroying otherwise adequate or serviceable portions of the building or structure, the Owner agrees that, except for negligence on the part of the Architect, the Owner will hold harmless and indemnify the Architect for and against any and all claims, damages, awards and costs of defense arising out of such Professional Services involving those assumptions. 12.20 MAINTENANCE 12.20.1 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. 12.21 DEFINITION OF DESIGN PERIOD 12.21.1 For the purposes of this Agreement, the design period is defined as the period of time between commencement of concept/schematics through completion of Construction Documents which are ready for issuance to contractors for bidding whether actually bid or not. 12.22 GROSS RECEIPTS OR SALES TAX PROVISIONS 12.22.1 The Owners are exempt from sales tax because they are political subdivisions of the State of Nebraska. 4/1/04 Page 5 10-02125-00 f. M • 12.23 BID LETTING • 12.23.1 Notwithstanding Article 2.5, it is understood and agreed that the City will handle and provide all bid letting activities including printing, advertising and receipt of bids and award of Construction Contracts, subject to approval of City and College. Architect will be available for consultation and assistance with regard to bid letting activities. 12.24 AMENDMENTS 12.24.1 The parties hereto acknowledge that, as of the date of the execution of this Agreement, Section 10-142 of the Omaha Municipal Code, provide as follows: Any amendment to contracts or purchases which taken alone, increases the contract amount as awarded (a) • ten percent, of the contract amount or more, or (b)• by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. 12.24.2 The originally approved scope and primary features of the contract will not be significantly revised as a result of amendments not approved in advance by the City . Council and Metropolitan Community College Board of Governors or its designee. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City Charter to approve immediate purchases on behalf of the City. 12.24.3 Contract Close-Out Documents: . Record Documents Received . Operation and Maintenance Manuals (Copy sent to BSD) . Consent of Surety Company to Final Payment (AIA G707) . Consent of Surety to Final Reduction in or Partial Release of Retainage (ADA G707A) . Copies of all Warranties • . Nebraska Department of Labor Form DE-16 . Contractor's Affidavit of Payment of Debts and Claims (AIA G706) . Preliminary Punch List . Final Punch List . Application and Certificate of Payment (AIA G702 & 703) . Certificate of Substantial Completion (AIA G704) . Contract Affidavit of Release of Liens (AIA G706A) . Architect's Certification that no products containing asbestos were specified for use in the project. . Such other documents required in the Contract Documents. • 4/1/04 Page 6 10-02125-00 • 12.25 CITY COUNCIL CONTRACT REQUIREMENT • At the end of the Project, the Architect will provide each Owner one set of Record Documents to include reproducible mylars (full size), one bond copy set of Record Documents (full size), one Record Document Specification book (Project Manual) and a CD Rom with Auto CAD R2000 computer general drawings and Project Specifications. In addition, Architect agrees to comply with Section 10-144 of the Omaha Municipal Code, which provides that the City may require that further copies of the contract product be submitted to the City of Omaha for distribution as follows: one copy to the • City Council President, one copy to the City Clerk, and one copy to the City Council Staff. Such copies provided under Section 10-144 shall be considered as a reimbursable expense of the contract by the City. Furthermore, each Owner will, upon request, be provided at no additional cost two half-size bond copy sets of the Construction Drawings, two full-size copy sets of Drawings, one set of Specifications (Project Manual) and a CD Rom of said Specifications. Architect also shall provide each Owner, at no additional cost, two copies of an artist's color rendering from an exterior perspective of the Project facility approved by the Owners using either a hand painted or high quality computer generated depiction. The Owners shall own and have full authority to use and reproduce the depictions. 12.26 OMISSIONS AND THIRD PARTY ERRORS 12.26.1 Architect will be responsible for any redesign costs associated with a required item or component of the project that was not incorporated into the Architect's Construction Documents. In addition, Architect agrees to pay costs that would.represent a premium over the cost at the time of the bid letting for the required item or component that was not incorporated in the Architect's Construction Documents. 12.26.2 Architect is not responsible to Owner or any third parties for errors, omissions or other deficiencies in the services of any other design professional or design-build contractor rendering design, engineering or related services for Owner not employed, hired or provided by Architect. Architect's sole liability in connection with the services of Owner's consultants or design-build contractors shall be to coordinate Owner's consultant's portion of the Instruments of Service. Owner shall require consultants or design-build contractors retained by Owner to coordinate their services and documents with those of Architect and Architect's consultants, and vice versa. Architect is not responsible to Owner or any third parties for errors, omissions or-other deficiencies in the services of any other design professional or design-build contractor rendering design, engineering or related services for benefit of Owner or the Project, whether retained by Architect or Owner. Architect's sole liability in connection with the services of consultants or design-build contractors shall be to coordinate the consultant's portion of the Instruments of Service. Architect shall take whatever action is reasonably necessary, including, if necessary, an assignment of rights, to enable Owner to pursue its claims for errors, omissions and deficiencies directly against any consultant retained by Architect. Owner shall require consultants or design-build contractors related by Owner to coordinate their services and documents with those of Architect and Architect's consultants. 4/1/04 Page 7 10-02125-00 • `a EXHIBIT B • •r 2004 DLR GROUP HOURLY BILLING RATES HOURLY CATEGORY NUMBER/TITLE BILLING RATES DESCRIPTION OF CATEGORY • 6. PRINCIPAL $150 • All Principals. 5. SENIOR PROFESSIONAL $120 • All registered or licensed Professionals with 10 years or more experience since registration. • All Project Managers. • All personnel in equivalent roles in related professional disciplines in which there is no registration,but who have 15 years experience in their field including 10 years experience in leadership and management roles in those related disciplines. Examples of these disciplines are: Accounting,Office Management, Business Development, Construction Administration, Design,Technology or similar areas of expertise. 4. PROFESSIONAL $105 • New registrants and all registered professionals with less than 10 years since registration. • • Nonregistered Architectural, Engineering or Design personnel who have more then 15 years experience in their professional discipline and are in direct professional leadership roles in their field. • All personnel in equivalent roles in related professional disciplines in which there is no registration,but who have 15 years experience and are in direct leadership roles in their field. Examples of these disciplines are: Accounting,Office Management, Business Development,Construction Administration, Design,Technology or similar areas of expertise. 3. PROFESSIONAL SUPPORT $75 • New professional degreed graduates and interns who are not yet registered. • Nonregistered Architectural, Engineering or Design personnel who have 10 years experience in their professional discipline under the supervision of registered professionals or related discipline professionals. • All personnel in related professional disciplines in which there is no registration, but have 10 years experience in their field. Examples of these disciplines are: Accounting,Office Management,Business Development,Construction Administration, Design,technology or similar areas of expertise and work under the supervision of others in their field. • Drafters,CADD technicians, Designers and similar technicians without registration, but with 10 years experience in their professional support field. 2. TECHNICAL $60 • Nonregistered Architectural, Engineering,or Design personnel who have less than 10 years experience in their professional discipline. • All personnel in related professional disciplines in which there is no registration, but have less than 10 years experience in their field. • Drafters:CADD technicians, Designers and similar technicians without registration,but with less than 10 years experience in their professional support field. • All Administrative support,clerical and word processing personnel with 10 years experience. • 1. CLERICAL $40 • All Administrative support,clerical and word processing personnel with less than 10 years experience. EXHIBIT B 12-01-02 C-!5A - CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Ordinance No. 36545, passed on March 2, 2004, provided that the City of Omaha and the Metropolitan Community College Library sign an agreement to provide for the planning, design, construction, furnishing, and use of a joint public library and community college library to be located along "Q" Street at approximately 28m Street; and, WHEREAS, such agreement created a joint entity, the Omaha Public Library — Metropolitan Community College Library, to build and operate the facility; and, WHEREAS, DLR Group, Inc., has agreed to perform the architectural and engineering services in the attached agreement for such facility, which by this reference becomes a part herein, for the sum of$532,000.00; and, WHEREAS, the funds will be paid from the South Omaha Library Construction Organization 117022, South Omaha Library Construction Fund 13442, year 2004 expenditure; and, WHEREAS, it is the intent of the City of Omaha to issue bonds to cover the design and construction costs for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the agreement with DLR Group, Inc., for architectural and engineering services for a joint public library and community college library with the joint entity, the Omaha Public Library—Metropolitan Community College Library,be accepted. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the City's 62% of $532,000.00 from the South Omaha Library Construction Organization 117022, South Omaha Library Construction Fund 13442, year 2004 expenditure, in the amount of$329,840.00. P:\PW2\14370maf.doc APPROVED AS TO FORM: I C. 5/you CITY ATTORNEY DAT OA) • PaialOt• By Councilmember Adopted ..MAY\1 1 2004 •9- O / j _ _ City CIerk Approvedh444 Mayor ' 4 • IQ • O1 C~ = CDLi � n �U41 d8-1• p:j CD J N NA C4 n Ca Q `< CD .y _ p C PaW 7 C La 0 NOC . O ¢ ny/- o ea r t� . 't O n O CD CD <= b '� h Bt '4 ) vt r CIQO � `'. Z k r. cD On n CD N N CDf.. 's ass . \ • -1 ' C ('a CD 0.r O Q' p O Ot O N `C .(� Cep O - V4 SW0 AD 0o `< O ' \3 \N, 15 � AD CD O I N CDt �t A� t SJ 1....0 .s cli CD . � 5O� O N �C Cep O Q � n • ` k Gz , `,� ,r 4