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HomeMy WebLinkAboutA001 - Council Action Form dated February 24, 2026ITEM #:16 DATE:02-24-26 DEPT:W&PC SUBJECT:PROFESSIONAL SERVICES CONTRACT FOR TECHNICAL SERVICES COMPLEX RENOVATION COUNCIL ACTION FORM BACKGROUND: In July 2025, staff initiated a formal Request for Proposals process to obtain architectural and engineering services for a renovation of the Technical Services Complex (TSC). The building was constructed in 1990 and houses the City's Water Meter Division on the ground floor and the Laboratory Services Division on the second floor. The adopted FY 2025/26 Capital Improvements Plan includes $2 million to complete the renovation project, with funding coming equally from the Water and Sewer Funds. The planned scope of work will include: 1. Replacing the failed elements of the buildings heating, ventilation, and air conditioning systems 2. Replacing damaged and stained ceiling tiles 3. Replacing the disparate lighting fixtures throughout the building 4. Repair or replacement of windows 5. A general refresh of floors and wall coverings throughout. The HVAC and lighting work will be guided by the recently completed Energy Audit Report for the building. Also planned is some manner of a limited-use lift for moving staff and equipment to the second floor laboratory. A four-member team reviewed and scored the 10 submittals received. A copy of the scores and summary of the fee proposals is attached. The selection process was as follows: Each of the four staff members independently scored the ten submissions. The individual scores were then compiled and averaged together, and the staff team met to discuss the relative strengths and weaknesses of each submission. Only after the staff team had ranked the submissions in order of preference, the fee proposal envelopes were opened. The evaluation of the fees was based on the qualitative questions "Does the fee seem appropriate for the scope of work?" and "Are the fees in line with what other firms proposed for the same scope?" The top two ranked firms were invited to participate in an in-person interview to discuss their proposals in greater depth. Following the interviews, staff felt that both of the top two firms were well qualified and had provided proposals that met the needs of the project. The deciding factor ultimately ended up being the significant difference in the fee proposals, which a difference of $102,300. Staff confirmed with SVPA that they were confident in their ability to complete the project for the fee they had proposed. For that reason, staff selected SVPA as the preferred firm. A contract with SVPA to provide the requested 1 services is now ready for Council approval. ALTERNATIVES: 1. Award a contract to SVPA Architects of West Des Moines, IA for the Technical Services Complex (TSC) Renovation Project in the amount of $157,500. 2. Direct staff to negotiate a contract with one of the other proposing firms. 3. Do not take action at this time and provide direction to staff on next steps for the project. CITY MANAGER'S RECOMMENDED ACTION: The adopted FY 2025/26 Capital Improvements Plan includes funding for a renovation of the TSC building. Staff conducted a Request for Proposals that follows the City's Purchasing Policies. A mutually acceptable contract has been negotiated with the firm identified by staff as being fully responsive and fiscally responsible. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): RFP Scoring Matrix.pdf DRAFT Contract with SVPA for TSC Reno.pdf 2 Firm John Parul Jake Maureen Total Fee OPN Architects 96 97 96 90 379 $259,800 SVPA Architects 91 84 91 84 350 $157,500 substancearchitecture 96 80 87 82 345 $227,416 FRK architects + engineers 91 84 81 78 334 $192,000 Farnsworth Group (Iowa)77 76 79 76 308 $258,633 FEHDesign 68 80 94 62 304 $161,180 Studio Melee 87 78 73 64 302 $209,120 SHYFT Collective 70 70 56 74 270 $129,065 Roseland Mackey Harris Architects 44 60 95 70 269 $143,200 Studio Combine 74 70 53 68 265 $151,200 TSC Renovation RFP 2026-011 RFP Scoring 3 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 1 ADDITIONS AND DELETIONS: The author of this document may have revised the text of the original AIA standard form. An Additions and Deletions Report that notes revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added to or deleted from the original AIA text. 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 19th day of February February in the year 2026 (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 Ames, IA 50010 and the Architect: (Name, legal status, address and other information) SVPA Architects 1466 28th Street, Suite 200 West Des Moines, IA 50266 for the following Project: (Name, location and detailed description) City of Ames, Technical Services Complex Renovation 300 East 5th Street Ames, IA 50010 The Owner and Architect agree as follows. 4 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 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.) Scope Level 1: To remodel and renovate the remaining facility to better suit its operational needs. Interior Renovation to include replacement of flooring, wall coverings/covering, and ceilings, installation of a new air conditioning system; renovate the breakroom with new cabinets and appliances, including an oven; replacement ceiling tiles in the laboratory; replacement of existing lighting fixtures throughout the entire building with energy-efficient LED lighting systems including any necessary electrical work associated with lighting upgrades; installation of dimmable lighting in the laboratory, or alternately, lighting on separate switches to allow half of the light to be turned off as needed; replacement of existing HVAC system to improve energy efficiency and reduce background noise levels; and general refresh of flooring and wall coverings throughout the building. Development of concept design and cost estimate and provide in a report form. Once written approval is given by the Owner, Work will commence for the design and development of Construction Documents, Bidding Phase, Construction Administration and Project Closeout. Cost estimate to be provide at the end of each phase to confirm Cost of the Work is within budget. Scope Level 2: The addition of a manlift to move people and equipment to the second floor. The manlift must be capable of lifting one adult person along with heavy equipment or materials (e.g., large batteries, chemicals, water samples, and laboratory equipment). Design considerations for the manlift include: a platform sized to accommodate an adult and standard equipment, low maintenance, energy efficient systems, simple and durable materials, ADA compliance, cost effectiveness in 5 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 3 installation and long-term upkeep, and mitigation of safety and liability concerns related to transporting chemical supplies and laboratory samples. Emergency power/backup capacity to be evaluated based on the type of manlift selected. Development of concept design and cost estimate and provide in a report form. Once written approval is given by the Owner, Work will commence for the design and development of Construction Documents, Bidding Phase, Construction Administration and Project Closeout. Cost estimate to be provided at the end of each phase to confirm Cost of the Work is within budget. Scope Level 3: Conceptual design and develop a preliminary budget for building addition and parking improvements. Construct approximately 4,600 square-foot conference room addition; construct a kitchenette with an attached breakroom, construct inclusive restroom facilities, construct approximately 2,300 square-foot garage addition with storage and heating the entire space; make required parking improvements; and provide a general refresh of the landscaping. Additional interior modifications will be required depending on the new addition: which includes conversion of the existing first floor conference room into an office and file storage room, conversion of the existing break room into a first aid/lactation room, addition of a waiting room and mechanical room. Development of concept design and cost estimate and provide in a report form. The Owner, at their sole discretion, may decide to add other services, by Agreement Amendment, in the future including adjustments to Compensation. § 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.) This Agreement and associated compensation (Article 11) are for the following Areas: The Technical Services Complex (TSC), located at 300 East 5th Street in Ames. It is a two-story brick facility built in 1989 that houses the City’s Laboratory Services and Water Meter divisions. With the demolition of other adjacent structures now complete, the City plans to remodel and renovate the remaining facility to better suit its operational needs. The City is also considering a possible building expansion, either now or in the future. § 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.) $1,680,000.00 § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: June 2026 .2 Construction commencement date: July 2026 .3 Substantial Completion date or dates: To be determined .4 Other milestone dates: N/A § 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 6 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 4 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 design shall reflect the City’s commitment to sustainability by incorporating energy-efficient systems, sustainable materials, and thoughtful site planning. Wherever possible, Architect is encouraged to integrate improvements that will reduce energy use and lower the long-term operational cost of the facility. Recent assessments of the TSC have identified opportunities to improve energy performance, including upgrades to lighting, windows, insulation, and the building’s HVAC system. Design shall consider replacing aging systems with modern, energy- efficient alternatives and explore features such as LED lighting, occupancy sensors, energy recovery systems, and improved building envelope components. The reuse of salvaged brick from the original water treatment plant is strongly encouraged, either as a feature wall, flooring accent, or integrated architectural element. Site planning shall consider parking improvements, stormwater management, security enhancements, and ADA compliance throughout the facility. Safety is also a critical consideration-designs shall include appropriate lighting, signage, clear circulation routes, and secure access to promote a safe environment for both staff and visitors. The project shall evaluate how to either relocate or integrate the rain garden into the new site plan, aligning with the City’s green infrastructure goals. § 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 Parul Baranwal, Assistant Director of Water & Pollution Control 1800 East 13th Street Ames, IA 50010 parul.baranwal@cityofames.org 515-239-5156 § 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.) § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: To be determined. 7 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 5 .2 Civil Engineer: .3 Other, if any: (List any other consultants and contractors retained by the Owner.) § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.) Sara Herman, IIDA, LEED AP, Principal/Director of Interior Design SVPA Architects 1466 28th Street, Suite 200 West Des Moines, IA 50266 s-herman@svpa-architects.com 515-327-5990 § 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 Brad Stork, PE, Managing Principal 604 Locust Street, Suite 202 Des Moines, IA 50309 515-279-3900 .2 Mechanical Engineer: KEDbluestone Sara Schmerbach, PE 5518 NW 88th Street Johnston, IA 50131 515-727-0700 .3 Electrical Engineer: KEDbluestone Lucas Baxter 5518 NW 88th Street Johnston, IA 50131 515-727-0700 8 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 6 .4 Civil Engineer/Landscape Architect: Synder & Associates Jason Ledden, PE 2727 SW Synder Blvd Ankeny, IA 50023 515-964-2020 .5 Cost Consultant To be determined § 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 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 one million ($ 1,000,000.00 ) for each occurrence 9 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 7 and one million ($ 1,000,000.00 ) 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 ($ 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 law 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 ($ 2,000,000.00 ) per claim and one million ($ 2,000,000.00 ) in the aggregate. 2.5.6.1 Architect shall maintain same policy limits for a period of three 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 for coordinating 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. §3.1.2.1 Architect to assistance with geotechnical services will be in the design. The Architect shall prepare the scope of work and provide to the Owner. The Owner will then procure and contract directly with the Geotechnical Firm. The Architect shall review and integrate geotechnical recommendations into the design. § 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 10 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 8 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 securing design approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services. §3.2.1.1 Task A - Conceptual Design Task A shall involve the development of conceptual design and cost estimates for all three scope levels described Section 1.1.1. Scope Level 1 will immediately proceed into Task B. Scope Level 1 shall proceed into Task B after the review of the conceptual cost estimates. It is anticipated that Scope Level 3 will not immediately proceed into a construction phase. For the purposes of this scope of services, Architect will not anticipate or include Scope Level 3 proceeding beyond the conceptual design. § 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. §3.2.4.1 Progress review of 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 written 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, and 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. §3.2.5.1 Schematic Design (Inventory and Programming) a. Prepare existing conditions drawings of the project area to include utility locations. § 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 11 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 9 consideration and selection of options, subject to staying within 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. § 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. § 3.4 Construction Documents Phase Services § 3.4.1 Task B – Design (Construction Documents) Task B shall involve preparing technical specifications and drawings suitable for competitive bidding for Scope Level 1 and 2. The Architect shall plan for a kickoff meeting and two milestone plan reviews during design; staff comments shall be incorporated where practical. One hard copy and one electronic copy of Contract Plans and Specifications will be prepared by the Architect and presented to the Owner. Bidding documents will be issued by the City’s Purchasing Division. Drawings will be completed in AutoCAD. An updated Project Estimate will be required as part of the design. Architect to assistance with geotechnical services will be in Task B. The Architect shall prepare the scope of work and provide to the Owner. The Owner will then procure and contract directly with the Geotechnical Firm. The Architect shall review and integrate geotechnical recommendations into the design. §3.4.1.1 The Architect shall periodically meet with the Owner to review the development of the Contract Documents. The Architect shall be present in person at a minimum of 2 presentation meetings with the others being in person or virtual; Consultants at a minimum of one (1) time in person and two (2) times virtually. §3.4.1.2 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 and Utilities having jurisdiction over the Project into the Construction Documents. §3.4.2.1 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. § 3.4.5 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. Commented [AM1]: This is the same paragraph as 3.1.2.1. Can we remove it from one place so it’s not duplicated? 12 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 10 § 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 participate in a pre-bid conference for prospective bidders; .3 respond to bidder inquiries on technical matters and preparing appropriate clarifications and addenda .4 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, .5 attend the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 If the Bidding Documents 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. §3.5.2.4. The Owner will issue the formal Notice to Bidders, distribute plans and specifications, distribute any addenda, receive bids, and conduct the formal bid opening. The Architect shall assist in reviewing the bids and preparing a recommendation of award. § 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 to 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 shall assist the Owner in performing an on -site review of the Project during the 11th month after the Substantial Completion. Such services shall be furnished without additional charge except for travel & 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. § 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 visit. 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 13 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 11 authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether o r 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 th e Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within 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, 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 14 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 12 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 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 otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is no t 15 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 13 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 § 4.1.1.2 Multiple preliminary designs By Architect – Included in Basic Services § 4.1.1.3 Measured drawings Not provided § 4.1.1.4 Existing facilities surveys Not provided § 4.1.1.5 Site evaluation and planning Not provided § 4.1.1.6 Building Information Model management responsibilities Not provided § 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 Not provided § 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 Not provided § 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 Not provided § 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 Not provided § 4.1.1.23 Commissioning Not provided § 4.1.1.24 Sustainable Project Services pursuant to Section 4.1.3 § 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 Not provided § 4.1.1.29 Other services provided by specialty Consultants Not provided § 4.1.1.30 Other Supplemental Services § 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. 16 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 14 (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 in 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 th e exhibit.) § 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 (, or procurement or delivery method; .2 After the Construction Documents Phase is 100% complete, for Services necessitated by the enactment or revision of codes, laws, or regulations, that were not in effect 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. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall notify the Owner promptly, explain the facts and circumstances giving rise to the need, and with Owner’s approval, provide the following Additional Services. 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 th e 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 17 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 15 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. § 4.2.4 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 24 ( 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 Concept 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 Concept Design 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, writing a change order if required to make adjustments to the documents for the required scope. § 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 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 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 18 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 16 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. § 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 communications 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 with the Architect. The Architect shall prepare for Owner’s review and use 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. § 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. 19 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 17 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 o f 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 .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 and assisting the Owner in rebidding the project, again providing the services outlined in 3.5.2 above, 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. § 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 provi ded 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. 20 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 18 § 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 law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201–2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employee s 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 eith er 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 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) Commented [SH2]: Why is this deleted? Commented [AM3R2]: City to keep in the document. 21 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 19 § 8.2.5 The Architect of 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 sub-consultants so retained for the Project, thereby providing for mediation as the primary method for dispute resolution between the 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 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 termination, including Reimbursable Expenses incurred. § 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 22 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 20 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 so 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 State of Iowa with venue in the appropriate state and/or federal court 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. § 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 unreasonably 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 15days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal proce ss 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 this Section 10.8. The fees under this agreement, all costs and all aspects of this Agreement and accompanying attachments are public record per 23 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 21 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) $157,500.00 .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.) § 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, 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: Development of Concept Design & Cost Estimates for Area 1, 2 & 3 $31,500 Design & Construction Drawings for bidding Area 1 & 2 $70,875 Bidding Assistance $4,725 24 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 22 Construction Administration $39,375 Closeout of the Project $11,025 Total Basic Compensation $157,500 § 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.) Per Exhibit C § 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 (subsistence shall not exceed the published IRS per diem rates applicable to Story County, Iowa; .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 bid 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 .9 .10 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .11 Other similar Project-related expenditures if approved by Owner in writing, in advance of incurring expenses. § 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 $3,500. § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of zero ($ 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 25 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 23 § 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.) § 12.2 NON-COMPENSTATED SERVICES 12.2.1 If the cost opinion exceeds the budgeted Construction Cost set forth in Article 1.1.3 at the completion of any phases of work, the Owner may choose to revise the project scope and/or quality as required to reduce the overall cost. If the Owner chooses to proceed in this manner; the Architect shall be responsible for all costs associated with modifying the design and related documents. 12.2.2 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 Owner may choose to revise the project scope and/or quality as required to reduce the projected construction costs. If the Owner chooses to proceed in this manner, the Architect shall be responsible for modifying the design, all related documents, printing and reissuing bid documents as necessary to obtain new bids. 12.2.3 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. 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. 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: Commented [SH4]: 12.4.1 and 12.2.2 are already addressed in Article 6. 12.2.3- Architect should only be responsible for costs owner would not have paid if bid. Owner is responsible for all value added work. . I don’t understand 12.2.4 and have never seen on a project. Please explain. Commented [AM5R4]: Acceptable to strike 12.2.4. 26 DR A F T 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 10:30:56 CDT on 10/24/2025 under Subscription No.20250159699 which expires on , 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: (640e2aedf442e4498d0967f7) 24 (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 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 In the event of any contradiction between the Exhibits and the Agreement occur, 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 (Printed name and title) (Printed name, title, and license number, if required) 27