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HomeMy WebLinkAboutA033 - Resolution Approving Change Order No. 1 with INVISION Architecture, LLC, Des Moines, IA, in the amount of $588,000 for Animal Shelter Facility ProjectITEM #:35 DATE:07-22-25 DEPT:POLICE SUBJECT:ANIMAL SHELTER FACILITY PROJECT COUNCIL ACTION FORM BACKGROUND: The City's Animal Shelter, located at 325 Billy Sunday Road, is in need of replacement. The existing facility is undersized and experiences challenges related to weatherization, mechanical equipment, and other aging systems. City staff has been working through the planning stages to develop a new animal shelter facility for the past several years. In November 2024, staff became aware that the property at 2715 Dayton Ave, which recently housed Eagle’s Loft daycare, was for sale. The City Council obtained an option to purchase the property following an assessment of the potential to renovate it into a new animal shelter. On December 26, 2024, the City Council approved an agreement not to exceed $66,360 with INVISION Architecture LTD (INVISION), Des Moines, Iowa, to analyze the existing conditions and needs and identify future requirements for a modern animal shelter facility. Following that evaluation, INVISION was to provide the City a conceptual design and a preliminary cost estimate that would be approved as a change order. After receiving the conceptual design report, on February 18, 2025, City Council approved the purchase of 2715 Dayton Avenue in the amount of $1.1 million. At that same meeting, staff notified City Council that an anonymous lead donation of $3 million had been obtained. Staff solicited a proposal from INVISION to proceed with the remaining design steps in the project. These include completion of schematic design, design development, and construction documents, bidding phase and construction administration. INVISION has submitted a fee for $588,000 for these services. INVISION's fee also includes developing specifications for fixtures, furniture and equipment (FF&E), including items such as kennels and surgical equipment. These specifications can then be used by the City to bid items separately. A change order to INVISION's initial contract has been prepared to incorporate this additional work. The proposed change order utilizes standardized design contract documents produced by the American Institute of Architects (AIA), with amendments negotiated between INVISION and City staff. The contract incorporates references to best practices outlined by the American Society of Veterinarians (ASV) Guidelines for Sheltering, and the need to meet the requirements for Animal Welfare of the Iowa Department of Agriculture and Land Stewardship (IDALS). In addition, the contract outlines the City's interest in reducing greenhouse gas emissions. The architect will evaluate and present options to incorporate geothermal heating and cooling, ensuring that the building is ready to install future solar panels, LED lighting, variable frequency drives for pumps, and a heat recovery system. Additionally, the building design contains elements to address acoustics (particularly important for the dog kennel area) and keyless entry systems compatible with the City's existing equipment. 1 Moving forward with this change order will allow for schematic drawings to be completed. These drawings will be a helpful visual aid for the fundraising campaign to utilize in soliciting donations for individual elements within the project. Proceeding with the change order will also allow the project to move towards bidding and construction this winter. The fee will also cover the cost of designing add-alternates valued at up to an additional $1 million to include in the bid package. These alternates could be exercised if fundraising exceeds its goals or if there are favorable bids. If the alternates cannot be awarded at the time of bidding, the design work could be referenced in the future for later expansion or improvements as the community grows. The project budget contains a combination of City funds and donations for private individuals. The budget is shown in the following table: EXPENSES FUNDING SOURCES Previous Site Investigation $ 4,075 2715 Dayton Purchase Option 5,000 Land Acquisition 1,100,000 Conceptual Design 66,360 Change Order No. 1 (Detailed Design/Construction Specs)588,000 Construction/Renovation (including FF&E/Permits)5,401,565 Contingency (10%)250,000 3rd Party Testing/Geotechnical 40,000 FY 2023/24 General Fund Savings $ 100,000 Council Priorities Capital Fund 2,855,000 2 Lead Donation 3,000,000 Donation Campaign 1,500,000 TOTALS $ 7,455,000 $ 7,455,000 ALTERNATIVES: 1. Approve Change Order No. 1 to INVISION Architecture, LLC, Des Moines, Iowa for Architectural and Engineering Services for the Ames Animal Shelter Facility Project in an amount not-to exceed $588,000. 2. Do not approve Change Order No. 1 for the Ames Animal Shelter and direct staff to solicit proposals for the next phases of the Animal Shelter Relocation Project design process. 3. Refer this item back to staff for further information. CITY MANAGER'S RECOMMENDED ACTION: Architectural and Engineering Services are required to develop the Animal Shelter Relocation project, support fundraising, and prepare construction documents for bid. INVISION has successfully developed the conceptual design for the facility and understands the City's interests in the development of a completed project. The firm is reputable and has performed similar work for comparable communities in the past. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1 as described above. ATTACHMENT(S): B101-2017 - Working Draft - Animal Shelter.pdf 3 AIA® Document B101® – 2017 Standard Form of Agreement Between Owner and Architect AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the « 22nd» day of «July» in the year «2025» (In words, indicate day, month and year.) BETWEEN the Architect’s client identified as the Owner: (Name, legal status, address and other information) «City of Ames, Iowa »« » «515 Clark Avenue, PO Box 811» «Ames, IA 50010 » « » and the Architect: (Name, legal status, address and other information) «INVISION Architecture, LLC»« » «900 Mulberry Street» «Des Moines, IA 50309» « » for the following Project: (Name, location and detailed description) «City of Ames, Ames Animal Shelter Facility» «2715 Dayton Road» «Ames, IA 50010» The Owner and Architect agree as follows. 4 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as “not applicable” or “unknown at time of execution.”) § 1.1.1 The Owner’s program for the Project: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) «Design of a remodel of the existing building that is specifically designed to serve as an animal shelter. The design will be based on the metrics relevant to the City of Ames. INVISION will produce floor plans, elevations, cost estimates and timelines for all necessary work to design, construct and equip the new facility, including but not limited to permitting, site work, utilities, building construction, equipment and furnishing, and any necessary improvements. The Consultant shall use Guidelines for Standards of Care in Animal Shelters (December 2022 edition) from the Association of Shelter Veterinarians (ASV) as necessary. The Consultant shall also follow the requirements outlined in the Iowa Department of Agriculture and Land Stewardship’s (IDALS) Chapter 67 “Animal Welfare” which mandate aspects of the shelter’s design and animal care considerations. No element of the design shall fail to meet the minimum requirements of this chapter, as these are required for licensing as a shelter with the State of Iowa. » § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) «The new Animal Shelter Facility includes renovating an existing building on a site located at 2715 Dayton Road, Ames, Iowa. The renovations include site improvements to support the building for the use, feline space and 5 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 3 support areas within the existing building and canine spaces with a building addition. The building’s overall structural and exterior shell is planned to be maintained with the existing interior walls to be removed and the space reorganized to meet the programmatic need of the animal shelter. The building has access to City provided water, sewer and electric utilities. No geotechnical reports or survey have been completed on the site.» § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) «$5,691,565.00 including FF&E, design and 3rd party testing costs. The architect will provide alternatives and options to bring the estimated construction budget to $6,691,565 to take advantage of potential additional fundraising, future planning and to take advantage of favorable bids. Add Alternates will be used in the bid documents to allow additional items to be added to the project if the base bid comes in below budget.» § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: «22 weeks to complete design and documentation for the project» .2 Construction commencement date: «To be determined.» .3 Substantial Completion date or dates: «To be determined. » .4 Other milestone dates: « » § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast- track design and construction, multiple bid packages, or phased construction.) «Competitive bid.» § 1.1.6 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) « The Ames City Council has adopted a Climate Action Plan to reduce greenhouse gas emissions. Reducing greenhouse gas emissions with remodel should be taken into account during the development of the project. The project shall investigate the ability to install Photovoltaic solar panels on the existing building structure and new building addition. If feasible, electrical pathways will be installed to the proposed panel locations. » § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204™–2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E204–2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204–2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information.) « City of Ames, Iowa» 6 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 4 «Corey Mellies» «Fleet & Facilities Manager» «2207 Edison Street» «Ames, IA 50010» «corey.mellies@cityofames.org» «515-239-5521» § 1.1.8 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s submittals to the Owner are as follows: (List name, address, and other contact information.) «Geoff Huff, Police Chief, 515 Clark Avenue, Ames, Iowa 50010, geoff.huff@cityofames.org, 515-239-5131» § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: «Allender Butzke Engineers Inc.»« » «3660 109th Street» «Urbandale, IA 50322» « Seth Hanson "Seth Hansen" <hansen@abengineers.com> » «515-252-1885» .2 Civil Engineer: «»« » «» «» «» «» .3 Other, if any: (List any other consultants and contractors retained by the Owner.) «Land Surveyor to be determined» § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.) «INVISION Architecture, LLC» «Brett VanZee, Principal» «900 Mulberry Street» «Des Moines, IA 50309» «brettv@invisionarch.com» «515-657-4724» § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information.) § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: «KPFF Consulting Engineers»« » «Equitable Building, 604 Locust St, #202» «Des Moines, IA 50309» 7 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 5 « brad.stork@kpff.com » «515-279-3900» .2 Mechanical Engineer: Design Learned, Inc. (DLI)LLC» «112 Main Street » « Norwich, CT 06360 » « scottlearned@designlearned.com » «860-889-7078 » « » .3 Electrical Engineer: « Design Learned, Inc. (DLI)LLC» «112 Main Street » « Norwich, CT 06360 » « scottlearned@designlearned.com » «860-889-7078 » « » .4 Civil Engineer: Snyder & Associates 2727 SW Snyder Blvd Ankeny, IA 50023 jledden@snyder-associates.com 515-964-7938 .5 Landscape Architect Snyder & Associates 2727 SW Snyder Blvd Ankeny, IA 50023 jledden@snyder-associates.com 515-964-7938 .6 Cost Consultant: Stecker-Harmsen Inc. 510 S 17th Street, Suite 110 Ames, IA 50010 lharmsen@stecker-harmsen.com 515-232-4638 § 1.1.11.2 Consultants retained under Supplemental Services: «N/A» § 1.1.12 Other Initial Information on which the Agreement is based: «N/A» § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. The Owner shall adjust 8 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 6 the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon written protocols governing the transmission and use of, and reliance on, Instruments of Service or any other information or documentation in digital form. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to written protocols governing the use of, and reliance on, the information contained in the model shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT’S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General Liability with policy limits of not less than «two million dollars» ($ «$2,000,000.00» ) for each occurrence and «two million dollars» ($ «$2,000,000.00» ) in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than «one million dollars» ($ «$1,000,000.00» ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers’ Compensation and Employers Liability at statutory limits as required by the laws of the State of Iowa. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than «two million dollars» ($ «$2,000,000.00» ) per claim and «five million dollars» ($ «5,000,000.00» ) in the aggregate. 9 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 7 2.5.6.1 Architect shall maintain same policy limits for a period of three (3) years from the date of substantial completion of the project. § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants; however, the Architect is not responsible to coordinate services provided by the Owner, or the Owner’s consultant. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review and preparation of estimates for the Cost of the Work, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project, including but not limited to City Council approvals when required. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner’s directive or substitution, or for the Owner’s acceptance of non-conforming Work, made or given without the Architect’s written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities including, at no cost to the Owner, making changes to the documents in order to comply with the reviewing entities requirements and/or directives. § 3.1.6 The Architect shall be responsible for filing documents required for the design approval and securing of governmental authorities having jurisdiction over the Project. § 3.1.6.1 The Architect and their consultants shall assist the Owner in connection with filing all other documents except for site environmental and what is listed in 3.1.6 required for the approval of governmental authorities having jurisdiction over the Project, including site plan review, permit review, and assist the Owner with facility licensing if needed. § 3.1.7 The Owner acknowledges that the nature of the design process is such that the plans, specifications, and other documentation prepared by the Architect under this Agreement may require changes, corrections, and modifications during the construction process which may affect the Project schedule or increase the Cost of the Work. The Owner acknowledges that the production of construction documents will not be perfect but 10 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 8 that the Architect will use their professional experience and industry standards to create and manage the project from design through construction. § 3.1.8 The Owner and the Architect agree that reasonable funding for contingencies provided for in Sections 6.1 and 6.3 shall include funds to pay costs which may arise from or out of such changes, corrections, or modifications to the plans, specifications or other documentation prepared by the Architect, including, but not limited to, any cost associated with a change or changes in Project schedule. § 3.2 Schematic Design Phase Services (Scope of Work in Original Contract, modify Schematic Design in current scope of services) § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services. § 3.2.1.1 See Exhibit A for Additional Services to be provided as part of Schematic Design Phase Services § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components. .1 Progress review of Schematic Design Documents .1 Architect and all of their Consultants shall meet in person as needed to review the documents and solicit Owner feedback. .2 Schedule of meetings as mutually agreed to. § 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. .1 Schematic Design (Inventory and Programming): a. Prepare existing conditions drawings of the project area to include utility locations. b. Review and finalize with the City the building program for the new Animal Shelter Facility. c. Study, evaluate, prioritize and present to the Owner for consideration detailed elements of the design, including: i. Energy and operational efficiencies to include but not limited to 1. Geothermal 2. Solar Ready 3. LED Lighting 4. HVAC 5. VFD’s 6. Heat Recovery System ii. Space planning iii. Building materials and systems iv. Acoustics v. Building Construction Sequencing in coordination 11 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 9 vi. Codes and standards including ASV Guidelines for Standards of Care in Animal Shelters (December 2022 edition) and Iowa Department of Agriculture and Land Stewardship’s (IDALS) Chapter 67 “Animal Welfare” vii. Keyless entry and security cameras utilizing current City vendors for these elements. viii. Development of FFE allowance d. Design for environmentally friendly access to the facility (i.e. bike racks, path connections, etc). e. The design must include an accessible and inclusive focus. Final written approval by Owner of the schematic design phase is required prior to moving to Design Development.§ 3.2.5.1 The Architect shall consider and evaluate sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. These shall be presented to the Owner for their consideration and selection of options, subject to staying with the maximum Cost of the Work, to be determined and set forth in 1.1.3. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work, to be determined. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner’s approval. § 3.3 Design Development Phase Services (Scope of Work in Original Contract, modify Design Development in current scope of services) § 3.3.1 Based on the Owner’s written approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner’s approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. Periodic review of Design Development with Owner includes: .1 Design Development: .a Develop design plans. .b Submit design to the City’s Development Review Committee (DRC) for compliance with City code. .c Reducing greenhouse gas emissions and lowering operational costs with HVAC options will be presented. The project shall also put in structural and electrical needs to support future solar for the building. .d Provide the Owner with a proposed replacement plan for equipment and systems to include lifecycles and replacement costs. .e Architect shall perform value engineering on the design prior to moving on the next phase. .2 Progress review of Design Development Documents .a Architect and all of their Consultants shall meet in person as needed to review the documents and solicit Owner feedback. .b Schedule of meetings as mutually agreed to. § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. 12 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 10 § 3.3.3 The Architect’s Cost Consultant shall prepare an updated cost opinion. The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner’s approval. § 3.3.4 See Exhibit A for Additional Services to be provided as part of Design Development. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner’s written approval of the Design Development Documents (inclusive of updated cost opinion), and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. .1 The Architect shall periodically meet with the Owner to review the development of the Contract Documents. The Architect shall be present in person at all meetings; Consultants at a minimum of one (1) time in person and two (2) times virtually. .2 At 60% completion of Construction Documents, the Architect shall update the cost opinion prepared. § 3.4.2 The Architect shall incorporate the design requirements of local and State of Iowa governmental authorities having jurisdiction over the Project into the Construction Documents. .1 Architect shall represent the City, submit applications and attend meetings with regulatory agencies as needed to gain approval of the project including but not limited to the City of Ames Development Review Committee Meetings. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. § 3.4.5 The Architect shall submit the Construction Documents and final cost opinion prior to proceeding to the Procurement phase to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner’s final written approval. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining competitive bids; (2) confirming responsiveness of bids; (3) determining the successful bid and, (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, 13 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 11 .4 attend the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 The Bidding Documents shall permit substitutions, unless the Owner issues a written authorization establishing specific no substitution products. The Architect shall consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201™–2017, General Conditions of the Contract for Construction as modified by the City and incorporated herein by this reference as Exhibit B. If the Owner and Contractor modify AIA Document A201–2017, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement, in writing. § 3.6.1.2 The Architect shall be a representative of and shall advise and consult with the Owner during construction until final payment to the Contractor is made, and at the Owner’s direction during the period correction of the Work described in the Contract for Construction. The Architect and their consultants as necessary shall furnish architectural services and consultations necessary to correct construction defects encountered during such correction period. The Architect shall assist the Owner in performing an on-site review of the Project during the 11th month after the date of Substantial Completion. Such services shall be furnished without additional charge except for travel and subsistence costs. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates at the expiration of the period of correction of the Work described in the Contract for Construction. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. Such visits to the site shall be documented in writing on report forms acceptable to the Owner. Copies shall be issued to the Owner within seven (7) calendar days of each site visits. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner in writing (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Owner in writing about the rejection. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. 14 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 12 § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing the time limits mutually agreed upon by the Architect and Owner. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by the Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility. The Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor’s design professional, provided the submittals bear such professional’s seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with 15 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 13 information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner’s approval and execution in accordance with the Contract Documents. The Architect shall in writing also notify the Owner of any and all minor changes made. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect’s knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect’s inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct an on-site meeting with the Owner to review the facility operations and performance. This visit may coincide with the site visit required in subsection 3.6.1.2. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless 16 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 14 otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect’s Supplemental Services and the Owner’s Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.1 Programming By Architect – Included in Basic Services in original contract § 4.1.1.2 Multiple preliminary designs By Architect – Included in Basic Services in original contract § 4.1.1.3 Measured drawings § 4.1.1.4 Existing facilities surveys By Architect – Included in Basic Services in original contract § 4.1.1.5 Site evaluation and planning By Architect – Included in Basic Services § 4.1.1.6 Building Information Model management responsibilities By Architect – Included in Basic Services § 4.1.1.7 Development of Building Information Models for post construction use Not provided § 4.1.1.8 Civil engineering By Architect – Included in Basic Services § 4.1.1.9 Landscape design By Architect – Included in Basic Services § 4.1.1.10 Architectural interior design By Architect – Included in Basic Services § 4.1.1.11 Value analysis By Architect – Included in Basic Services § 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 By Architect – Included in Basic Services § 4.1.1.13 On-site project representation Not provided § 4.1.1.14 Conformed documents for construction Not provided § 4.1.1.15 As-designed record drawings Not provided § 4.1.1.16 As-constructed record drawings By Architect – Included in Basic Services § 4.1.1.17 Post-occupancy evaluation Not provided § 4.1.1.18 Facility support services Not provided § 4.1.1.19 Tenant-related services Not provided § 4.1.1.20 Architect’s coordination of the Owner’s consultants Not provided § 4.1.1.21 Telecommunications/data design By Architect – Included in Basic Services § 4.1.1.22 Security evaluation and planning § 4.1.1.23 Commissioning By Owner § 4.1.1.24 Sustainable Project Services pursuant to Section 4.1.3 Not provided § 4.1.1.25 Fast-track design services Not provided § 4.1.1.26 Multiple bid packages Not provided § 4.1.1.27 Historic preservation Not provided § 4.1.1.28 Furniture, furnishings, and equipment design By Architect – Included in Basic Services § 4.1.1.29 Other services provided by specialty Consultants Not provided § 4.1.1.30 Other Supplemental Services Not provided 17 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 15 § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect’s responsibility is provided below. (Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be included as an exhibit to describe the Architect’s Supplemental Services.) «See Exhibit A for Description of Supplemental Services included as Basic Services.» § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) «Commissioning shall include mechanical and special equipment systems as determined by the Owner as being desirable.» § 4.2 Architect’s Additional Services The Architect may provide Additional Services after execution of this Agreement if approved in advance in writing by Owner without invalidating the Agreement. Any Additional Services must clearly establish the specific scope of services and itemized lump sum cost. Except for services required due to any negligent act, error or omission of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services but only after receiving written approval from the Owner, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s schedule or budget for Cost of the Work (exclusive of the Owner agreeing to increase the budget due to cost opinions exceeding subparagraph 1.1.3, or procurement or delivery method; .2 After the Construction Document Phase is 100% complete for Services necessitated by the enactment or revision of codes, laws, or regulations, that were not in effort or officially adopted by authorities having jurisdiction or model codes not published, at the time that Construction Documents were 100% complete, including changing or editing previously prepared Instruments of Service; .3 After the Construction Documents Phase is 100% complete, for changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, .11 Assistance to the Initial Decision Maker, if other than the Architect. 18 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 16 § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner’s determination. The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice. .1 Reviewing a Contractor’s submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor’s proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 «two» ( «2» ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 «bi-monthly» ( « » ) visits to the site by the Architect during construction .3 «one» ( «1» ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 «one» ( «1» ) inspections for any portion of the Work to determine final completion. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within «to be determined» ( «TBA» ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as mutually agreed to between the Owner and Architect. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner’s objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner’s budget for the Project, at the completion of Design Development Phase which shall include (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. The Owner may update the Owner’s budget for the Project as necessary throughout the duration of the Project until final completion. It is mutually agreed to by the Owner and Architect that the budget for the Cost of the Work set forth in subparagraph 1.1.3 (once established post Design Development Phase completion) is the maximum amount the Owner is able to invest in this project. If the Owner decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. The Architect will plan for a sufficient amount of time needed to seek City Council approval when required. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as 19 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 17 applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1. § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to this Agreement. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials and commissioning of mechanical, electrical, or building envelope as required by code and/or as deemed appropriate and beneficial to the operation of the Project. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including alleged negligent errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communication between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate The Architect shall provide the Owner the AIA contract for construction. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. 20 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 18 § 6.2 Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect’s judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect’s responsibility in Section 4.1.1, as a Supplemental Service. § 6.3.1 The Architect is providing cost estimating services as part of Basic Services. § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner’s budget for the Cost of the Work and as set forth in Article 1.1.3 is exceeded by the lowest bona fide bid, the Owner shall either: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid exceeds the Owner’s budget for the Cost of the Work due to extraordinary market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect’s services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect’s consultants shall be deemed the authors of their respective Instruments of Service, including the Drawings and Specifications. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. 21 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 19 § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable lawThe Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201–2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, the same scope waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, if the parties mutually agree, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of 22 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 20 a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ « » ] Arbitration pursuant to Section 8.3 of this Agreement [ «X» ] Litigation in a court of competent jurisdiction (in Story County, Iowa) [ « » ] Other: (Specify) « » § 8.2.5 The Architect or Owner, as appropriate, shall include a similar mediation and litigation (per Article 8.2.4) provision in all its agreements with contractors and consultants retained for the Project and shall require all contractors and consultants to also include similar mediation and litigation (per Article 8.2.4) provisions in all agreements with their subcontractors and sub-consultants so retained for the Project, thereby providing for mediation as the primary method of dispute resolution between parties to those agreements and litigation if disputes are not resolved by mediation. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give fifteen days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused by the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be mutually agreed upon by both parties. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. When the Project is resumed, the Architect’s compensation and schedule might be equitably adjusted, if mutually agreed, to provide for expenses incurred in the resumption of the Architect’s services. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than fifteen days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than fifteen days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than fifteen days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to 23 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 21 termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs (exclusive of any consultant termination fees) attributable to the Architect’s termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee: «$0.00» .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: «$0.00» § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. § 9.10 The Owner and Architect’s rights set forth in Article 9 are in addition to and without prejudice to their other rights and remedies provided by law. § 9.11 The termination of this Agreement shall not relieve either the Owner or the Architect of any obligation previously accrued. The following provisions of this Agreement, and any other provisions that by their terms or provide, shall specifically survive any such termination: Article 7, Article 8, Article 10 and Article 11. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the State of Iowa with venue in the appropriate state and/or federal courts for Story County, Iowa. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201–2017, General Conditions of the Contract for Construction, as Exhibit B. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. 24 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 22 § 10.7 Subject to Owner’s permission, the Architect shall be allowed to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. Subject to Owner’s permission, 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 not reasonably withhold said permission. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose “confidential” or “business proprietary” information after 7 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in Section 10.8. The fees under this agreement, all costs and all aspects of this Agreement and accompanying attachments are public records per Iowa Code Chapter 22. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) «$588,000.00 (for Schematic Design through Construction Services, includes $8,000 for reimbursable expenses. » .2 Percentage Basis (Insert percentage value) « » (« » ) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 11.6. .3 Other (Describe the method of compensation) « » § 11.2 For the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) « » 25 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 23 § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) « » § 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus «zero» percent ( «0»%), or as follows: (Insert amount of, or basis for computing, Architect’s consultants’ compensation for Supplemental or Additional Services.) « » § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase «$29,000 » percent ( « 5 » %) Design Development Phase «$174,000 » percent ( « 30» %) Construction Documents Phase « $203,000 » percent ( « 35 » %) Procurement Phase « $29,000 » percent ( « 5 » %) Construction Phase « $145,000 » percent ( « 25 » %) Reimbursable Expenses $8,000.00 Total Basic Compensation $588,000.00 percent ( 100 %) § 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) «Exhibit C(provided in original contract)» Employee or Category Rate ($0.00) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence including that of the Architect and all of their Consultants; .2 .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents of review sets, Excludes printing of Contractor bids sets;.5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance in writing by the Owner; .7 Renderings, physical models, mock-ups, and professional photography requested by the Owner or required for the Project; .8 .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 Other similar Project-related expenditures if approved by Owner in writing, in advance of incurring expenses. 26 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 24 § 11.8.2 For Reimbursable Expenses the compensation shall be the actual out-of-pocket expenses incurred by the Architect and the Architect’s consultants plus «zero» percent ( «0» %) of the expenses incurred. Reimbursable Expenses shall not exceed $8,000.00. « » § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of «zero» ($ «0» ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid «sixty» ( «60» ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) «Per Chapter 535.2 of the Iowa Code» § 11.10.2.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) «§ 12.1 The Owner acknowledges that the requirements of the Americans with Disabilities Act (ADA), Fair Housing Act (FHA) and other federal, state and local accessibility laws, rules, codes, ordinances and regulations will be subject to various subjective, discretionary and/or possibly contradictory interpretations. The Architects, therefore, will use its reasonable professional efforts and judgment consistent with the degree of skill and care ordinarily exercised by Architects currently practicing under similar circumstances to interpret applicable laws, rules, codes, ordinances, and regulations, including accessibility requirements in effect as of the date of the fully completed and ready to bid documents, and as they apply to the Project. The Architect, however, cannot and does not warrant or guarantee that the Owner’s Project will comply with all interpretations of the accessibility requirements and/or the requirements of other federal, state, and local laws, rules, codes, ordinances, and regulations as they apply to the Project § 12.2 The Architect may specify certain materials for the Project that may contain substances that may be determined or are considered by some to pose a potential risk to the health and safety of humans, but that are not banned by governmental agencies having jurisdiction over the Project as of the time these products or materials were specified by the Architect. By signing the Agreement, Owner is hereby on notice that such materials may be determined to be hazardous or detrimental to the health and safety of humans, and which may be banned in the future, and the Owner agrees to hold the Architect harmless from any and all claims or damages resulting from or arising out of the specification of such products or materials. § 12.3 OWNERSHIP OF MATERIALS (In Original Contract) All reports, documents, drawings, specifications, electronic data or other materials developed or discovered by the Architect, or any other person engaged directly or indirectly by the Architect to perform the services required hereunder shall be and remain the property of the City for the purpose constructing, using, maintaining, altering and adding to the project. The City shall not reuse documents prepared by the Architect for purposes that are not related 27 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 25 to the Project or make modifications to the documents prepared by the Architect without prior written authorization of the Architect, which shall not be reasonably withheld. The Architect shall furnish to the City copies of all documents that were developed in the course of services for the City and for which compensation has been received by the INVISION. § 12.4 NON-COMPENSTATED SERVICES (In Original Contract) 12.4.1 If the cost opinion exceeds the budgeted Construction Cost set forth in Article 1.1.3 at the completion of all any phases of work, the City may choose to revise the project scope and/or quality as required to reduce the overall cost. If the City chooses to proceed in this manner, the Architect shall be responsible for all costs borne by the architect associated with modifying the design and related documents. 12.4.2 If the lowest responsive, responsible bid exceeds the budget construction cost or if value engineering can reduce the scope of the project to meet the budget, the City may choose to revise the project scope and/or quality as required to reduce the projected construction costs. If the City chooses to proceed in this manner, the Architect shall be responsible for all costs of modifying the design, all related documents, printing and reissuing bid documents as necessary to obtain new bids. 12.4.3 Services required to correct negligent errors, omissions, or deficiencies by the Architect or other Consultants that become apparent during construction and/or after completion of the project are the responsibility of the Architect. All costs associated with correcting negligent errors, omissions or deficiencies by the Architect and/or their Consultants shall be paid for by the Architect. 12.4.4 The accounting records of the Architect and its professional Consultants for this project shall distinguish those services from all other services provided on other projects performed for other Owners. » ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral, with the exception of the City’s Standard Professional Services Agreement, which is incorporated into this Agreement. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B101™–2017, Standard Form Agreement Between Owner and Architect as modified by the City. .2 Building Information Modeling Exhibit, if completed: « » .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [ « » ] AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this agreement.) « » [ «X» ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2.) «i. Exhibit A Additional Scope of Services ii. Exhibit B A201-2017, General Conditions of the Contract for Construction, as modified by the City, iii. Exhibit C Standard Hourly Rate Schedule (provided in original contract) 28 AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 19:12:30 ET on 07/11/2025 under Order No.2114643216 which expires on 07/10/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1212896050) 26 If any contradiction between the Exhibits and the Agreement occurs, then the Agreement requirements shall supersede and prevail. » .4 Other documents: (List other documents, if any, forming part of the Agreement.) « » This Agreement entered into as of the day and year first written above. OWNER (Signature) ARCHITECT (Signature) «John A. Haila»«Mayor » «Brett VanZee»«Principal» (Printed name and title) (Printed name, title, and license number, if required) 29