MISS  Dale County Commission  Commission Meeting Minutes - January 10, 2023  The Dale County Commission convened in a regular session Tuesday, January 10, 2023. The following members were present: Chairman Steve McKinnon; Two Commissioner Donald O. Grantham; District Three Commissioner Adam Enfinger; and District Four Commissioner Frankie Wilson. Absent: District One Commissioner Chris Carroll Chairman McKinnon called the meeting to order at 10:00am. Rev Boyd Fuller opened with  prayer. Commissioner Wilson followed with the Pledge of Allegiance.  APPROVED = AGENDA  Commissioner Enfinger made a motion to approve the agenda. With the following additions:  Sheriff Dept. - Tyler Harrington = Part-time Deputy Sheriff Dept. - Justin Chadwick- - Transfer- Deputy SheriffReserve City of Ozark appropriation - $25,000- - Farmers' Market EMS Tag Distribution - October - December 2022 Proclamation- Dr. Martin Luther King, Jr. Day  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - MEMORANDUM OF WARRANTS  Commissioner Grantham made a motion to approve the following Memorandum of Warrants:  Accounts Payable Check Numbers 95117 - 95307. Payroll Check Numbers: 154883 = 154885. Direct Deposit Check Numbers: 423415-423695.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - January 10, 2023  Page 2of4  APPROVED = MINUTES  Commissioner Grantham made a motion to approve the Minutes of the Commission Meeting  of November 16, 2022.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - PERSONNEL POLICIES & PROCEDURES  Commissioner Wilson made a motion to approve a change to the Dale County Commission's  Personnel Policies and Procedures Handbook. See Exhibit 1.  Commissioner Enfinger seconded the motion, all voted aye. Motion carried.  APPROVED - PERSONNEL - NEW HIRES  Commissioner Grantham made a motion to approve the following:  R&B Andrew Faulk - Promotion Engineer in Training Jail - Zackery K. Hughes = New Hire - Full time Corrections officer Sheriff Dept. - Tyler Harrington - Part-time Deputy Sheriff Dept. - Justin Chadwick- Transfer Deputy SheriffReserve  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED -F FY22 REBUILD ALABAMA REPORT  Commissioner Enfinger made a motion to approve the FY22 Rebuild Alabama Report. See  Exhibit 2.  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - SCRAP TIRE RIGHT-OF-WAY AGREEMENT  Commissioner Grantham made a motion to approve an Scrap Tire Right-of-Way Agreement.  See Exhibit 3.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes January 10, .2023  Page3of4  APPROVED - ARPA FUNDS - OFFICE ADDITION  Commissioner Wilson made a motion to approve an architect agreement for the office  addition at the Road & Bridge shop. See Exhibit 4.  Commissioner Enfinger seconded the motion, all voted aye. Motion carried.  APPROVED - WORK REQUEST - LEVEL PLAINS  Commissioner Enfinger made a motion to approve a work request from the City ofLevel Plains.  See Exhibit 5.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - STANDBY GENERATOR MAINTENANCE AGREEMENT  Commissioner Grantham made a motion to approve a Standby Generator Maintenance  Agreement. See Exhibit 6.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - TRAVEL REQUEST  Commissioner Wilson made a motion to approve the following:  Dale County Jail Steve Brown - Jan 16-17, 2023 - Street Cop Training - Decatur, AL-  $416.82  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - JAIL AD VALOREM EXPENDITURE  Commissioner Grantham made a motion to approve the Jail Ad Valorem expenditure, Fund  151, expenditures and budget adjustments. See Exhibit 7.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - BOARD APPOINTMENT- E911  Commissioner Grantham made a motion to approve the appointment of Chief Deputy Mason  Bynum to the E911 Board. See Exhibit 8.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - January 10, 2023  Page4of4  APPROPRIATION = CITY OF OZARK'S FARMERS' MARKET  Commissioner Wilson made a motion to approve an appropriation of $25,000 for the City of Ozark's Farmers' Market. This appropriation is contingent upon a letter of request from the City with benefits outlined. Also, all budget adjustments for this appropriation. See Exhibit 9. Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROPRIATION - EMS TAG TAX DISTRIBUTION = OCTOBERDECEMBER. 2022 Commissioner Wilson made a motion to approve the EMS Tax Tax Distribution for October-  December, 2022. See Exhibit 10.  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  ANNOUNCEMENT  NEXT REGULAR MEETING  Chairman McKinnon announced that the next regular meeting of the Dale County Commission  will be Tuesday, January 24, 2023 at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Wilson made a motion to adjourn the meeting. Commissioner Enfinger  seconded the motion. All voted aye. Motion carried.  Itis hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered  into the minutes of the Dale County Commission as its official actions.  SA Steve   McKinnon, Chairman    Exhibit 1  ADDENDUM Dale County Commission December 13, 2021 Changes are in Bold  Personnel Policies and Procedures Handbook  Purpose of Addendum: Remove the Engineer in Training position from a temporary  Excluded Service position to a full time Classified service position.  SECTIONIII CATEGORIES OF SERVICE AND EMPLOYMENT STATUS  PART. A CATEGORIES OF SERVICE No.2 EXCLUDED SERVICE (PAYROLL)  Partf. Change: employees. POSTED 12/13/2022  Any temporary position not funded on aj permanent basis including, but not limited to, seasonal workers, or temporary employees hired on a short term basis or special projects  Dale County Commission Approved 0HD-33    Exhibit2  IE I  D  i I  2N 3 € U e - I  8 e  NI  5 C I  I S a s 3 3 a a a 8 8 8  : 3    Exhibit3  STATEOF ALABAMA MONTGOMERY COUNTY  CONTRACTUAL. AGREEMENT BETWEEN DALE COUNTY COMMISSION AND THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT  This Agreement is entered into between Dale County Commission (Contractor) and the Alabama Department of Environmental Management (Department). This Agreement will provide for the collection, management, disposal, and/or offering for beneficial use ofdiscarded tires andi regulated solid waste, funded by the Scrap" Tire Fund, for work performed within the State of Alabama..  The parties hereto agree as follows: 1. Scope of Services  The Contractor will provide services as set out in the Scope of Services, which is included with this Agreement as A. Thel Department agrees to reimburse the Contractor an amount not to exceed $150,000 for the services performed under this Agreement. Unless otherwise specified in the work-plan, mileage, travel and per diem costs will be reimbursed in B. The Contractor shall submit invoices in triplicate not more than once per quarter to the Department for actual : In the case of non-governmental agencies, prior to the purchase of any items or the execution of any printing contracts under this agreement with a value less than $1,000.00, one quote or attempt for a quote of outside costs, including but not limited to copying costs and freight terms, must be obtained. For items with a value from $1,000.00 to $3,000.00, two such quotes or attempts for quotes must be obtained. Fori items withavalue: from $3,000.00to $7,499.00, three such quotes or attempts for quotes must be obtained. The purchase of anyi items or the execution of any contract shall comply with the Alabama Bid Laws D. The Contractori isa aware of the critical time schedule for completion oft the remediation work as described herein and that said worki ist to be completed in strict compliance with the remediation plan and hereby agrees to compensate the Department for damages caused by not completing the work specified or within the time period shown herein. The amount of damages shall be calculated and retained by the Department from the sum due the Contractor. The Contractor hereby agrees that liquidated damages in the amount of $250.00 per day may be retained and assessed against the Contractor for each and every day the completion of the work is delayed beyond the time specified date herein, not as a penalty, but as a mutually agreed to, predetermined amount to reimburse the Alabama Solid' Waste Remediation Fund for costs associated with the delay to include the assignment oft the project to another contractor, ifdeemed necessary by the Department. Furthermore, the Contractor hereby agrees that liquidated damages in an amount to be determined by the Department and calculated based on a minimum of$500.00 upto 10 percent (10%)ofthet total contract price per breach or deviation from the contract or remediation plan andi may! be retained and/or assessed against the Contractor. The Contractor may for each and every said breach or deviation from the remediation plan be assessed liquidated damages as specified herein, not as a penalty, but as a mutually agreed to, predetermined amount to reimburse the Alabama Solid Waste Remediation Fund for the costs associated with any breach or deviation from the remediation plan and to include the cost of assignment of the project to another contractor for proper remediation consistent with said  Attachment. A, and which isi incorporated as iff fully set out herein.  2.  Payment  accordance with state law.  cost incurred. The final invoice shall be submitted within thirty (30) days ofe expiration ofthis Agreement.  Sections 41-16-20 et. Seq. ofthe Code of Alabama(1975).  remediation plan, ifdeemed necessary by the Department.  3. Term of Agreement  Allwork performed undert this Agreement shall begin on the date on which this Agreement is executed and shall terminate on September 30, 2024. This Agreement is conditioned upon the receipt ofsufficient funds from the Alabama Legislature and/or the Scrap' Tire Fund andi iss subject to termination in the event ofp proration ofthe fund from which payment under this Agreement isto be made. Ifthe term ofthis Agreement extends beyond one fiscal year, this Agreement is subject to termination in the event that funds are not appropriated for the continued payment of the contract in subsequent fiscal years. This Agreement may be  amended by the mutual written agreement of both parties.  4.  Termination of Agreement for Cause    Exhibit3  If,t through any cause, the Contractor shall fail tot fulfill ina a timely and proper manneri its obligation under this Agreement, or if the Contractor shall violate any of the covenants, agreements or stipulations of this Agreement, the Department shall thereupon! havet the right tot terminate this Agreement! by giving written notice to the Contractor ofsuch termination and specifying the effective date thereof at least 30 days before the effective date ofs such termination. In that event, any finished or unfinished studies, reports or other work by the Contractor shall, at the option of the Department, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed under this Agreement.  5.  Termination for Convenience of the Department  The Department may terminate this Agreement at any time by giving written notice to the Contractor ofsuch termination and specifying the effective date thereof, at least 30 days before the effective date of such termination and under the same conditions as herein set forth for the Department, the Contractor may cancel this Agreement. In the event of cancellation, all finished or unfinished: studies, reports or other work by the Contractor shall, at the option ofthel Department, become its property. Ift the Agreement is terminated by the Department as provided herein, the Contractor shall be paid for all work satisfactorily  completed prior tot termination.  6.  Changes  The Department may, from time to time, require changes in the scope of services of the Contractor to be performed hereunder. Such changes, including any increases or decreases in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Department and the contractor shall be incorporated in written amendments to this  Agreement.  7. Title VI and Equal Employment Opportunity  The Contractor will comply with Title VI of the Civil Rights Act of 1964 (88-352). and all requirements of the U.S. Environmental Protection Agency (hereinafter called' "EPA") issued pursuant to that title, to the end that in accordance with" Title VIofthat Act, noj person int the United States shall, on the ground ofrace, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this contract. There shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any applicant for such employment, because ofrace, color, religion, sex, national origin, age, or disability covered by the Americans with Disabilities Act. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffo or termination; rates ofpay or other forms ofcompensation; and selection for training including apprenticeship. The Contractor. shall insert a similar provision in all subcontracts for services  covered by this Agreement. 8.  Interest of Members of the Department and Others  No officer, member or employee of the Department and no members of the Environmental Management Commission, and no other public official ofthe governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval oft the undertaking or carrying out of this project, shall participate ina any decision relating to this Agreement which affects his personal interest or have any personal or pecuniary interest,  direct ori indirect, in this agreement or the proceeds thereof.  9.  Assignability  The Contractor. shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by Any reports, information, data, etc., given to or prepared or assembled by the Contractor under this Agreement which the Department requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the Department, unless such confidentiality would be contrary to the law of the State of  assignment or novation), without the prior written consent of thel Department.  10. Findings Confidential  Alabama or the United States. 11. Acknowledgment  Videos, films, computer disks, printed information or other materials produced for dissemination under this agreement "This project was funded or partially funded by the Alabama Department of Environmental Management." Any printed information, photographs or art works delivered to the Department under this agreement shall be camera ready and/or computer ready as appropriate. The master tape of any video or audio productions will be delivered to the  must include the Department's logo, prominently displayed, along with the following acknowledgment:  12. Reproducible Materials  2    Exhibit  Department in an immediately reproducible form. Any computer program generated under this agreement will be delivered to  thel Department in an original and immediately reproducible form. admitted to any share or part hereof or to any benefit to arise herefrom. ofan application for copyright by or on behalf oft the contractor. 15. Audits and Access tol Records  13. Officials Not to Benefit 14. Copyright  No member of or delegate to the Congress of the United States of America, and no resident commissioner, shall be Nor reports, maps, or other documents or products produced in whole or in part under this Agreement shall be the subject The Contractor agrees to abide by the requirements oft the federal Single Audit Act and OMB'sUniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (commonly called Uniform Guidance). When financial statements are prepared, and an audit is performed as a result of OMB Uniform Guidance requirements the Contractor shall provide the Department with a copy ofits audit report covering the period oft this contract within thirty (30) days ofreceipt IfOMB Uniform Guidance is applicable the Contractor agrees that the comptroller General of the United States or any of his/her duly authorized representatives, the Secretary of Commerce or any. of his/her duly authorized representatives, the Director of ADEM or any ofhis/her duly authorized representatives, and the ChiefExaminer of the Department of Examiners of Public Accounts and any ofhis/her duly authorized representatives shall, until the expiration of three (3)years from the date of submission ofthe final financial report, have access to and the right to audit, examine, and make excerpts or transcripts from any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Agreement. The Contractor agrees to provide access to any or all documents, papers, records, and directly pertinent books of the Contractor  byt the Contractor of the auditor's report.  involving transaction related to this Agreement upon written request from the Director of ADEM.  16. Taxes  The Contractor is responsible for reporting and making payment of any applicable federal and state taxes which may be In the case of Non-State Agencies under no circumstances shall the Contractor or any of its employees be entitled to  due as a result of payments received pursuant to this Agreement. 17. Contractor Not Entitled to Merit System Benefits 18. Not to Constitute al Debt ofthe State/Settlement: tofClaims  receive the benefits granted to State employees under the Merit System Act by reason ofthis Agreement.  Itis agreed that the terms and commitments contained herein shall not be constituted as a debt of the State of  Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901, as amended by Amendment Number 26. Itis further agreed that ifa any provision of this contract shall contravene any statute or Constitutional provision or amendment, either now in effect or which may, during the course of this contract, be enacted, then the conflicting provision in the contract shall be deemed null and void. The contractor's sole remedy for the settlement of any and all disputes arising under the terms of this agreement shall be limited to the filing ofa claim with the! Board of Adjustment for the State of Alabama. For any disputes arising under the terms ofthis contract, the parties hereto agree, in compliance with the recommendations ofthe Governor and Attorney General, when considering settlement of such disputes, to utilize appropriate forms of non-binding altemative dispute resolution including, but not limited to, mediation by and through the Attorney General's Office of  Administrative hearings or where appropriate, private mediators. 19. Requisite Reviews and Approvals  Dale County Commission acknowledges and understands that this contract is not effective until ithas received all requisite state government: approvals and Dale County Commission shall not begin performing work under this contract until notified to do so by the Alabama Department of Environmental Management. Dale County Commission is entitled to no  compensation for work performed prior to the effective date ofthis contract.  20. Immigration Affirmation  Bysigning this contract, the contracting parties affirm, for the duration ofthes agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of  3    Exhibit3  Alabama. Furthermore, a contracting party found to be in violation oft this provision shall be deemed in breach oft the agreement  and shall be responsible for all damages resulting therefrom. 21. Prohibition against Boycotting by Contractors  In compliance with Act 2016-312, the Contractor hereby certifies that iti is not currently engaged in, and will not engage in, the boycott ofay person or an entity based in or doing business with ajurisdiction with which this State can enjoy open trade. The Contractor certifies to the best of its knowledge and belief that it and the principals are in compliance with the requirements of2CFR 180.335 and understands that falsely representing this certification by accepting the terms and conditions  22, Suspension and Debarment  ofthis contract may result in the rejection ofthis proposal or termination oft the award.  23. NoFunds forLobbying Clause.  No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ofal Member ofCongress in connection with the awarding of any Federal contract, the making ofany Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee ofany agency, aMember of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its  instructions.  DALE COUNTY COMMISSION By: Sbnr YA Honarble Steve McKinnon, Chaiman/Commisioner ALABAMA DEPARTMENTOF ENVIRONMENTALMANANAGEMENT  By: Lance R. LeFleur Director Astol Legal Form  IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on this the  day of  2022.    Exhibit3 3  ATTACHMENT A SCOPE OF SERVICES  This Scope of Services is applicable to the collection, management, recycling, beneficial re-use and, as a last resort, disposal of discarded scrap tires or scrap tire materials funded by the Alabama Scrap Tire Fund. The associated contractual agreement shall reimburse expenses associated with the services described below up to $150,000 for the duration of the contract or until the contract is otherwise modified or terminated. The Dale County Commission shall furnish all necessary labor, supervision, equipment, tools, materials, supplies, and any other items or activities related to providing the 1. The collection of discarded scrap tires or scrap tire materials from county right-of- A. To be eligible for reimbursement under this scope of services, the above referenced locations (sites) cannot qualify as scrap tire sites or STSs (i.e., sites that contains more than 100 scrap tires) or unauthorized solid waste dumps or UADs as defined in ADEM Division 4 and 13 Regulations (i.e., sites that contains more than 10 cubic yards of regulated solid waste). Ifa a site does qualify as a STS ora UAD, it is to be referred to the Department for its consideration and action. B. Discarded scrap tires or scrap tire materials shall only be collected from county ROW property, monitored collection centers and/or other locations where nonprofit organizations (e.g., Adopt-a-Mile, Adopt-a-Stream, PALS, Clean Water C. Subject to Department approval, the above services may be performed by nonprofit organizations (such as those referenced above) in lieu of the County. D. All collected scrap tires or scrap tire materials shall be transported to the sites referenced in Condition 1.E., as they become available and as approved by the E.The Department is currently developing a network of tire processing operations ins several locations throughout the state. As the availability ofa processor in your area becomes available, the County will be required to transport all scrap tires or scrap tire materials managed under this contract to one of these locations unless the County can demonstrate to the Department that this requirement is 2. The County may accept eight (8) or less tires from individuals (proven to reside in the county) at no charge to the individual, to be recycled along with those scrap tires or scrap tire material collected under this contract (see Conditions 1.B. and 3.A.). 3. The proper management of the collected scrap tires or scrap tire materials in an appropriate manner until such time as they are recycled or disposed:  following services: way (ROW) locations:  Partnerships, etc.) are conducting a cleanup.  Department.  unreasonable.  Pagelof2    Exhibit3 3  A. The County may establish monitored collection center(s) for scrap tires collected from the ROWS within its jurisdiction. Such collection centers will be subject to prior approval by the Department and will be subject to certain requirements and 4. The County shall transport the collected scrap tires or scrap tire material to a Department-approved recycling facility for beneficial re-use or, as a last resort, to a permitted disposal facility. All collected scrap tires and scrap tire material shall be transported to the sites referenced in Condition 1.E., as they become available and 5. The County will conduct site restoration activities to minimize erosion for those areas 6. The County will submit to the Department, no more than once per quarter, a Payment Request and supporting documentation for the collection, management, recycling, beneficial re-use, or disposal of all collected scrap tires or scrap tire A. The payment request must include, at a minimum, the following: appropriate receipts, labor and equipment breakdown and costs, current industry standard equipment rates, scrap tire manifests, end-user agreements, and any documents deemed by the Department to be relevant to the clean-up, recycling or disposal B. The Department will neither accept nor approve payment requests submitted outside of the current fiscal year, unless submitting for the fourth quarter of 7. The County shall use the Alabama Environmental Permitting and Compliance System's (AEPACS) external portal to receive and submit all documentation associated with this program going forward (see Condition 6.A.). All counties, County Commissioners and their authorized representatives, enrolled in the Scrap Tire ROW program will be given access to the AEPACS portal and instructions on how to use the external portal to complete and submit their required documentation. 8. The Department reserves the right to withhold reimbursement for any services deemed unrelated to the collection, management, recycling and disposal of discarded scrap tires or scrap tire materials such as overtime or weekend hours, supplementing of county employee salary, unreasonable equipment or employee costs, or any other cost deemed by the Department to be unrelated to the collection and disposal of scrap tires or scrap tire materials. The Scrap Tire ROW Program was established as a courtesy to help counties offset the costs associated with the removal of scrap tires found along their county right-of-ways. Before submitting a Payment Request, the responsible county personnel should contact the Department This agreement shall remain valid from date of execution of the interagency  limitations.  as approved by the Department.  where soils have been disturbed by heavy machinery,ifrequired.  materials:  ofscrap tires or scrap tire materials.  that current fiscal year.  with questions regarding acceptable reimbursements. cooperative agreement until September 30, 2024.  Page 2 of2    Exhibi  RESOLUTION FOR THE EXPENDITURE OF AMERICAN RESCUE PLAN ACT REVENUE REPLACMENT FUNDS FOR GOVERNMENT SERVICES  WHEREAS, Dale County, Alabama (the' "County) has received. American Rescue Plan Act fiscal recovery funds ("ARPA funds") and is charged with ensuring that such funds are expended in accordance with state and WHEREAS, under the Final Rule published byt the United States Department of Treasury dated January 6, 2022, the County has elected to designate as standard allowance of up to $10,000,000 ofi its ARPAI funds, notto exceed the County's total ARPA funds award, as revenue replacement ('Revenue Replacement funds"); and  federal law; and  WHEREAS, the County may expend designated Revenue Replacement funds for govemment services; and WHEREAS, the County has determined that therei is ar need to construct a new county-owned shop facility WHEREAS, the County has reviewed ap proposal from Poly, Inc. to perform full architectural and engineering services for this project, and the Countyi is satisfied that Poly, Inc. is qualified to perform these services; and WHEREAS, the County has determined that the procurement of design ande engineering services from Poly, Inc. isanecessary, reasonable, andj proportionate measure to facilitate the provision of these government: services; WHEREAS, the County has identified the vendor from which to procure these services in a manner consistent with federal and state laws and guidelines as itr relates to the expenditure of Revenue Replacement funds.  to support its Engineering Department tot facilitate governmental services fori its citizens; and  and  NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION as follows: Replacement funds, to facilitate the provision oft the government services described herein. services as described herein from the designated vendor to support this project.  1) 2) 3)  The County shall use upt to $60,000.00 of ARPA funds, which are hereby designated as Revenue The County Administrator is hereby authorized to expend these funds to acquire these professional The ARPA Program Director is charged with ensuring that Revenue Replacement funds allocated  ande expended to provide these government services will not be used in sucha a way as to frustrate COVID-19 mitigation guidance issued by the Centers for Disease Control, or for any other use prohibited by the Final Ruleor appropriation and availability of ARPARevenue Replacement funds for this purpose andi in no event shall be used for  any applicable state or federal law.  4)  Expenditure of these funds, as authorized by this Resolution, shall be contingent on the continued  any expenses not obligated by December 31, 2024, and expended by December 31, 2026.  IN WITNESS WHEREOF, the Dale County Commission has caused this Resolution to be executed in its  name and oni its behalf by its Chairman on the 10th day of January 2023  Sibre WE  Steve McKinnon, Chairman, Dale County Commission    Exhibit4  AIA  Document B101 -2017  Standard Form of Agreement Between Owner and Architect  AGREEMENT made as oft the (Iny words, indicate day, month and) year.) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) Dale County Road and Bridge Department 202 S.1 Hwy 123, Suite A Ozark, Alabama 36360 334-774-5875 and the Architect: Poly, Inc. 1935 Headland Avenue Dothan, AL 36303 (334).793-4700 for the following Project: (Name, location and detailed description)  day of  in the year 2023  ADDITIONS AND DELETIONS: The author of this document has added information needed fori its completion. The author may also have revised the text ofthe original AIA standard form. An Additions and Deletions Report that notes added information asv well as revisions tothe standard form texti is available from the author and should be reviewed. A vertical line in the left margin ofthis document indicates where the author has added necessary information and where the author) has addedtoor deleted from the original AIA text. This document has important legal consequences. Consultation with an attorneyi is encouraged with respect toits completion or modification.  (Name, legal stalus, address and other information)  Project Name: Office Addition for the Dale County Road and Bridge Maintenance  Project Address: 1725 County Road: 30, Ozark, Alabama The Owner and Architect agree as follows.  Shop  Init. Institule AIA Document ofA Architects," B101"-2017. "AIA; the/ Copyrighto1 AIAI Logo. and 1974, AIA 1978, Contract 1987, Documents' 1997, 2007 arer and: 2017by The American Institute ofA Architects. Allr rights reserved. The "American I produced by AIAs software at1 13:20:59 ETC on 01/04/2023 under Order No.2114395954 registeredt which trademarks and may notb be used without permission This documentwas  only, and mayo only beu used ina accordance with theA AIA Contract Documents" Terms  expires on 01/02/2024, isr not forr resale, isli licensed for one-time use 1 ofs Service. Tor report copyright violations, emaicapygn@aaog  User Notes:  (2004252470)    Exhibit 4  TABLE OF ARTICLES 1 2 3 4 5 6 7 8 9 10  INITIAL INFORMATION AECHTETSREPONSBLTES SCOPE OF ARCHITECT'S BASIC SERVICES SUPPLEMENTAL AND ADDITIONAL SERVICES OWAERSRESPONSBLTES COST OF THE WORK COPYRIGHTS AND LICENSES CLAIMS ANDI DISPUTES TERMINATION OR SUSPENSION ISCALLANEOUSPROVSONS  11 COMPENSATION 12 SPECIAL1 TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIALI INFORMATION  $1.1This 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 (Insert the Owner's program, identify documentation that establishes the Owner' 's program, or state the manner The Client intends to construct a new office addition, approximately 2,400 sfins size, at its County Ozark, AL. The Architect has provided preliminary architectural drawings to the Owner. The Shop facility in been approved: andt the Owner would like full arehiectunal/emghneering services for the projecttob preliminary be (Identify or describe pertinent information about the Project's, physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic. surveys; trafic and utility studies; Thep project is ana addition tot the existing Maintenance Shop Office and wille extend offthe front oft the  execution." "  time of in design has providedi in order availabilityof building towards  S 1.1.1 The Owner's program for the Project: which the program will bec developed.) tol have the building constructed. 51.1.21 The Project's physical characteristics:  public and private utilities and: services; legal description of thes site, etc.)  the road.  $1.1.3The Owner's budget for the Cost oft the Work, as defined in Section 6.1: Not provided. Economical construction based on layout approved byt the Owner.  (Provide total and, ifknown, al line ilem breakdown.)  Init. AIA InstituteofA Document Architects." B101"---2017. 'AIA, theA Copyrighte AIAL Logo. 01 and' 1974, "AIA 1978, Contract 1987, Documents' 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, The 'American produced by AIAS software at1 13:20:59 ETono 01/04/2023 under Order No: 2114395954 arer registeredi whiche trademarks andr may no!l be used without permission This documentwas only, and may only beu usedi in accordancev witht the AIA Contract Documents" Terms expires on 01/02/2024, isnotf for resale, is licensed for one-time use 2  User Notes:  ofs Service. Toreportcopyrighty violations, e-mail copyrighi@aia.org  (2004252470)    Exhibit4  $1.1.4The Owner's anticipated design and construction milestone dates:  Design phase milestone dates, ifany: To be determined. 2 Construction commencement date: To be determined. .3 Substantial Completion date or dates: Tol be determined. Other milestone dates: To be determined.  S 1.1.51 The Owner intends the following procurement: and delivery method for the Project: (Identif methodsuch as competitive bid or negotiated contract, as well as any requirements) acceleratedor fast-track design and construction, mutiple bid packages, or phased construction.) $1.1.6The Owner's anticipated Sustainable Objective for the Project: (Identif and describe the Owner s Sustainable Objective for the Project, ifany.)  for  Competitive Bid Non-applicable  $1.1.6.1 Ifthe Owner identifiesas Sustainable Objective, the Owner and Architect shall services related tot the Owner's Sustainable Objective. IfE E204-2017isi  Document E204TM-2017, Sustainable Projects Exhibit, into this Agreement to define the complete and incorporate AIA and Architect shall incorporate the completed E204-2017 into the incorporated the this agreement, the Owner performing services or Work ina any way associated with the Sustainable agreements with consultants and contractors  into terms, conditions and  Objective.  S 1.1.7The Owner identifies the following representative in accordance with Section 5.3:  (List name, address, and other contact information.)  Matt Murphy, PE 202 S. Hwy 123,Suite A Ozark, Alabama 36360 334-774-5875 pyalouyg" submittals tot the Owner are as follows: (List name, address, and other contact information.)  $1.1.81 Thep persons or entities, ina addition to the Owner's representative, who are  to review required  the Architect's  Non-applicable  $1.1.9The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.)  .1 Geotechnical Engineer: Carmichael Engineering, Inc.  Init.. AIA Institutec Document of Architecis," B101"- "AIA, -2017. the Copyright AIAL Logo. 0 and" 1974, "ATA 1978, Contract' 1987, Documents" 1997, 2007 and2 2017 by The American Instilute of Architects. Allr rights reserved. Ihe American I produced by AIA software at1 13:20:59ETon0 01/04/2023 under Order No. 2114395954 are registered which trademarks and may notbe usedy without perission This documentv was  only, and may onlyb be usedi ina accordancey witht the AIA Contract Documents"  expires ond 01/02/2024, isnot lorr resale, is licensed for one- -time 3 Terms ofs Service. Tor report copyright violations, e-mail copyright@aia org. use  User Notes:  (2004252470)    Exhibit4  14 Howel! Street Midland City, AL36350 (334) 983-8378 2 Civil Engineer: Poly, Inc. 1935 Headland. Avenue Dothan, AL: 36303 (334)973-4700 .3 Other, ifany:  (List any other consultants and contractors retained by the Owner.)  S 1.1.101 The Architect identifies the following representative ina accordance with Section 2.3:  (List name, address, and other contact information.) Clayton M. Wilks, Principal Architect Poly, Inc. 19351 Headland Avenue Dothan, AL: 36303 cwiks@poly-inc.com (334)944-2474  S 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: Johnson and Associates Engineering 200 Grove Park Lane, #820 Dothan, AL36305 (334)671-4783 jae@ja-eng.com 2 Mechanical Engineer: Peach Engineering 1214 First Avenue, Suite 210 Columbus, GA: 31901 (706): 596-1840 Electrical Engineer: Peach Engineering 1214 First Avenue, Suite: 210 Columbus, GA31901 (706): 596-1840  S 1.1.112Consultants retained under Supplemental Services:  Init. AIA Document B101"-2017. Copyrighte 01 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Institule ofA Architects." "AIA, the AIAI Logo. and" AIA Contract Documents" are registered trademarks and may nol be usedy without Allrights permission This The documentwas "American produced by AIAs software at1 13:20:5 59E ETC 0n01/04/2023 under Order No.2114395954 which expires on 01/02/2024, isnot for resale, isl licensed for one-time only, andr may only beu usedi ina accordance witht theA AIA Contract Documents" Terms of Service. Tor report copyright violations, e-malil  reserved. copyrighi@aia.org. (2004252470)  4 use  User Notes:    Exhibit.  S 1.1.12Other Initial Information on which the Agreement is based: $1.21 The Owner and Architect may rely on the Initial Information. Architect's services, schedule for the Architect's services,  Information may materially change and, in thate event, the Owner and Both parties, however, recognize that the Initial the Owner's budget for the Cost oft the Work and the Owner's and the Architect's compensation. The Owner shall adjust necessary, toa accommodate material changes in the Initial Information. anticipated design and construction milestones, as Information Modeling and Digital Data Exhibit, to parties establish will use AIA Document E203TM-2013, Building any  the Architect shall appropriately adjust the  51 1.31 Thep parties shall agree upon protocols goveming the transmission information or documentation in digital form. The S 1.3.1 Any use of, or reliance on, all or a portion ofa governing the use of, andi reliance on, the information building contained in forth in AIA Document E203TM-2013, Building Information to, the building information model, and each oftheira ARTICLE2 ARCHITECT'S RESPONSIBILITIES $2.17 The Architect shall provide professional services as set forth isp properly licensed int the jurisdiction where the $2.2The Architect shall perform its services consistent with the  and use ofl Instruments ofService or other the protocols for the development, use, transmission, and model without agreement to protocols the model and without having those protocols set contractors or consultants, the authors of, or contributors int this Agreement. The Architect represents that it  exchange of digital data.  information  AIA Document G202TM2013, Project Building Information Modeling and Digital Data Exhibit, and the requisite party'ssoler risk and without liability to the other party andi its Modeling Protocol Form, shall be at the using or relying  agents and employees. is  ors shall causes such services to be performed by Projecti located to provide the services required by this Agreement, architects practicing in the same or similar locality under the same professional skill and care ordinarily provided by perform its services as expeditiously as is consistent with such ors similar circumstances. The Architect shall  appropriately licensed design professionals.  the Project. Project.  professional skilla and care and the orderly progress of behalfofthe. Architect with respect to the not engage in any activity, or accept any  52.31 The Architect shalli identify ar representative authorized to act on $2.41 Except with the Owner's knowledge and consent, the Architect shall employment, interest or contribution that would reasonably judgment with respect to this Project. $2.5The Architect shall maintain the following insurance until S 2.5.1 Commercial General Liability with policy limits of not $2.5.2A limits Automobile Liability covering vehicles owned, and non-owned  appear to compromise the Architect's professional  requirements set forth below are inz addition to the and termination of this Agreement. IFany ofthe pay the Architect as set forth in Section 11.9. types limits the. Architect normally maintains, the Owner shall occurrence: and two million dollars ($ 2,000,000 )in the less than one million dollars (S 1,000,000 )fore each ofnot less than one million dollars ($ 1,000,000 )per accident vehicles used, by the Architect with policy property damage arising out ofthe ownership, maintenance and use for bodily injury, death of any person, and  aggregate for bodily injury and property damage.  statutorily required automobile coverage.  ofthose motor vehicles, along with any other  $2.5.37 The Architect may achieve the required limits and coverage for Commercial Liability through a combination ofp primary and excess or umbrella Institute OfA Archtecis." "AIA. the AIALogo, and" AIA Contraci 1987, 1997, 2007 and 2017 by The American Institute  General Liability and Automobile coverages required under  excess or umbrella liability insurance policies result in the same or liability insurance, provided such primarya and produced by AIAS soflware al 13:20:5 59 ETO on 01/04/2023 Documenis" arer registered trademarks and may: notb of be Architects. All rights reserved. The American only, UserN and Notes: may only beu usedi in accordancey with the AIA Contract under Order Documents" No.2114395954 Terms ofs whiche Service. expires Tor on 01/02/2024, isn usedi not without for resale, permission. is licensed This for documentwas one-time use 5  greater coverage as the  Init. AIA Document B101"-2 2017. Copyrighte o 1974, 1978.  report copyrighty violations, e-mail copyright@aia org  (2004252470)    Exhibit.  Sections 2.5.1 and 2.5.2, andi 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 $2.5.51 Employers' Liability with policy limits not less than one million dollars ($ 1,000,000 )each accident, one million dollars ($ 1,000,000 )each employee, and one million dollars ($ 1,000,000 )policy limit. $ 2.5.6F Professional Liability covering negligent acts, errors and omissions in the performance ofprofessional services with policy limits of notl less than fiver million dollars ($ 5,000,000 )per claim and five million dollars (S 5,000,000 $25.7Additionall Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary: and excess or umbrella polices 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 andr non-contributory to any oft the Owner's insurance policies and shall apply to $2.5.8T The Architect shall provide certificates ofi insurance to the Owner that evidence compliance with the $3.1The Architect's Basic Services consist oft 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 S 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members oft the Project team, and report progress to the Owner. S 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services andi information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice tot the Owneri ifthe Architect becomes aware of fany error, omission, or inconsistency in $3.1.3 As soon as practicable after the date oft this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance oft the Architect's services. The schedule initially shall include anticipated dates for the commencement ofconstruction: and for Substantial Completion ofthe Work as set forth int the Initial Information. The schedule shall include allowances for periods oftime required for the Owner'sreview, for the performance ofthe Owner's consultants, and for approval ofs submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the. Architect or Owner. With the Owner'sapproval, the Architect shall adjust the: schedule, ifnecessary, as the Project $3.1.4The Architect shall not be responsible for an Owner's directive ors substitution, or for the Owner's acceptance $3.1.51 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 S 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval ofg govemmental authorities having. jurisdiction over the Project.  actual payment by the underlying insurers. S 2.5.4 Workers' Compensation at statutory limits.  )in the aggregate.  both ongoing and completed operations. requirements in this Section 2.5.  ARTICLE3 SCOPE OF ARCHITECT'S BASIC SERVICES  Additional Services.  such services ori information.  proceeds until the commencement of construction.  ofr non-conforming Work, made or given without the Architect's written approval.  imposed by those authorities and entities.  Init. AIA Document B101" 2017. Copyrighto 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute OfA Architects. All rights reserved. The "American Institute ofA Architecis," "AIA," the AIAL Logo. and" "AIA Contract Documents" arer regislered trademarks and may not be usedy without permission This documentwas produced by AIAS software at 13:20:59 ETono 01/04/2023 under Order No.2 2114395954 whiche expires ono 01/02/2024, isr not for resale, is licensed for one-time use 6 I only, andr may only beu used ina accordances witht the AIA Contract Documents" Terms ofs Service. Toreporto copyright violations, e-mail copyright@aia. org.  User Notes:  (2004252470)    Exhibit.  $3.2.11 $3.25 Schematic Design Phases Services codes, andi The regulations Architect shall review the program and other $322The Architect shall the Work, Project site, the prepareay preliminary evaluation  applicable to the Architect's services. information furished by the Owner, ands shall  review laws, terms of needed fort the Owner understanding with the shall prepare and present, for the components. Design and elevations; and selections of writing. may obtain more  the other, to ascertain the requirements proposed procurement and delivery ofthe method, Owner's program, schedule, budget discoveredi int the information, and ofthe Project. The Architect shall and other Initial Information, eachi for in the Cost of  Project. $323The Architect shall $3.2.4E Based on the Project $3.2.5 Based on the Owner'sa majorb building $3.2.5.1  (2) other information or  notify the Ownero consulting services that may be rof()any reasonably inconsistencies Owner and shall discuss with the  alternative approaches to design present and its preliminary evaluation to the Owner regarding the requirements construction ofthe  oft the Project.  Project. The Architect shall reach an  Owner's approval,ap preliminary requireménts design agreed upon with the Owner, the Architect Documents for the Owner's approval ofthe preliminary design, the documents including as site plan, approval. The Schematic Design  illustrating the scale and  relationship oft the Project Architect shall prepare Schematic building plans, sections drawings and other drawings or described in ofthe Work. The Owner design that is  include some combination ofs ifappropriate, and preliminary Documents shall consist ofc  study models,  systems and construction materials perspective sketches, or digitalr  shall be noted on the representations. Preliminary may  The Architect shall  orientation, together with other consider sustainable design altematives, with other considerations based consider the value of falternative  consistent with the Owner's considerations based on program and such as material choices and advanced sustainable design program, services schedule and budget for the Cost aesthetics, in developing a building with the Owner's program, schedule, on program and aesthetics, in materials, building systems and  as a Supplemental Service  $32.521 The Architect shall 53.2.61 The Architect shall Section 6.3. $327The Architect shall submit the $3.3D Design 533.1E Based Development on the Phase Services Development Documents for requirements the the development ofthea including plans, and describe the sections, elevations, typical other appropriate elements. The S 3.3.2 The Architect S333The Architect shall submit the adjustments tot thec estimate ofthe Cost Design ofthe Development Documents to the Construction Documents $34.1 Based on the Owner's Phase Services any adjustments in the Project approval ofthel Design Development further development ofthea Owner's approval. The iInsbinte produced OA by Archlacta, AIA WA, the Copytight AALOg9, e and: 1974, AIA 1978. 1987, 1997, 2007 and  under Section 4.1.1. Work.  and budget for the Cost ofthe developinga a design for the Project equipment, that is together  consistent with  submit tot the Owner an estimate oft the Cost  ofthe Work prepared in accordance  Schematic Design Documents to the Owner, andi and the budget for the Cost Documents, oft and on the  request the Owner'sapproval.  adjustments int the Project Owner'sa approval of the Schematic Design  Owner'sa approval. The  the Work, the Architect Owner'sauthorization ofany  approved Schematic Design Design Development  shall prepare Design  Documents ands shall consist Documents shall illustrate and describe  size and character ofthe construction details, and diagrammatic ofdrawings and other documents  Project: as tos architectural,  layouts  major materials ands systems Design Development Documents structural, mechanical: ande ofbuilding systems to fix  and establish, in general, their shall alsoi include outlines electrical systems, and  quality levels.  specifications thati identify  shall update the estimate ofthe Cost oft the Work  prepared in accordance with Section approval.  6.3. rofany  $340  Work, andr request the Owner's Owner, advise the Owner  Construction Documents fort the requirements and the budget for the Costo Documents, and on the Owner's Userl only. and may only soflware beu usedi at in 13:20.59E ETC on 01/04/2023 Contracto under Documents Order are registeredit 20175 by) itademans The American Institute OIA Archilects,  ofthe Work, the Architect authorization of shall prepare illustrate and describe the consist ofl Drawings and  approved Design  Construction Documents shall  Init. AIA Document B101"-2017.  Development Documents ands shall  Notes:  accordance with the AIA Contract Documents" No.2 2114395954 which expires ond ands 01/02/2024, may not6 be usedwythoul Allrights permission reserved. This The American  Terms ofService. Tor reporto copyright violations, is not for resale, e-mail is licensed for documentwas one-t -time use 7  copyighi@alao .org. (2004252470)    Exhibit.  Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction oft the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other S 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having. jurisdiction over $343 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of()procurement information that describes the time, place, and conditions ofbidding, including bidding or proposal forms; (2) the form ofagreement between the Owner and Contractor; and (3) the Conditions oft the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile ap project manual that includes the Conditions oft the Contract for Construction and Specifications, andi may S 3.4.4The Architect shall update the estimate for the Cost oft the Work prepared in accordance with Section 6.3. S 3.4.5The Architect shall submit the Construction Documents tot the Owner, advise the Owner of any adjustments to the estimate oft the Cost oft the Work, take any action required under Section 6.5, and request the Owner's approval. The Architect shall assist the Owner in establishing: a list of prospective contractors. Following the Owner's approval ofthe Construction Documents, the Architect shall assist the Owner in (I) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness ofb bids or proposals; (3) determining the successful bid or 5 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations ofthe Bidding Documents tot the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening oft the bids, and subsequently documenting and distributing the $3.5.23 Ifthe Bidding Documents permit substitutions, upont the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addendai identifying approved S 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.  similar submittals, which the Architect shall review in accordance with Section 3.6.4.  the Project into the Construction Documents..  include bidding requirements and sample forms.  $3.5Procurement: Phase Services S 3.5.1General  proposal, ifany; and, (4) awarding and preparing contracts for construction. S 3.5.2.2 The Architect shall assist the Owner in bidding the Project by:  S 3.5.2 Competitive Bidding  bidding results, as directed by the Owner.  substitutions to all prospective bidders. 53.53Negotiated Proposals  S 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by:  .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion oft the negotiation process; 2 organizing and participating ins selection interviews with prospective contractors; 3 preparing responses to questions from prospective contractors and providing clarifications sand interpretations oft the Proposal Documents to the prospective contractors in the form ofaddenda; and, participating in negotiations with prospective contractors, and subsequently preparing a summary report oft the negotiation results, as directed by the Owner.  S 3.5.3.31 Ifthe Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved Institute ofA Architects." "AIA, the AIAL Logo, and" "AIA Contract Documents' arer registered trademarks and may notb be usedy without Allrights permission This documentwas produced by AIAS software at 13:20:59E ET on01/04/2023 under Order No.2114395954 which expires on 01/02/2024, is not forr resale, isi liçensed ford one-t time use 8 only, andr may only beu usedi ina accordance witht theA AIA Contract Documents" Terms of Service. Ton report copyright violations, e-mail copyright@aia.  substitutions to all prospective contractors.  Init. AIA Document B101" -2017. Copyrighte1 1974, 1978, 1987. 1997, 2007 and 2017 by TheA American Institute ofArchitects.  reserved. The "American (2004252470) org.  User Notes:    Exhibit4  $3.6 Construction Phase Services 53.6.1General 53.6.1.1 The Architect shall $3.6127 The Architects shall  below andi in AIA Document provide administration ofthe Contract shall have authority to act on advise and consult with the Owner  Contractor modify AIA Document A20/M-2017, General Conditions between the Owner and the not have control over, charge behalfoft the Owner only to the during the Construction Phase procedures, or fors safety of, or responsibility for the extent provided in this  Agreement unless the Owner and A201-2017, those modifications ofthe Contract for Construction. Contractor as set forth  the Architect amend this  shall not affect the  Ifthe Owner and Architet'sservicesu undert this Services. The Architect  Agreement.  for the Contractor's failure precautions andy programs in construction means, methods, Agreement. The Architect shall of, ands shall not be responsible for the Architect's accordance with the requirements the Architect be responsible portions ofthe Work. responsible for, acts or omissions negligent ofthe acts or omissions, buts shall ofthe not havec Contract Documents. The  Architect shalll ber  to perform the Work in connection with the Work, nor shall techniques, sequençes or  Contractor or ofa any other persons or control over or charge  $3.6.1.3 Subject to Section 4.2 and $362Evaluations ofthey Work $3.6.21 The Architect shall  entities performing provide terminates on the date  theA Construction Architect Phase Services commences except with as provided in Section 3.6.6.5, the  issues the final Certificate for thes award of the Contract for Architect's responsibiliy to  Payment.  Construction and  in Section 4.2.3, to become visit the site at intervals appropriate exhaustive or continuous on-site the Contract Documents.  to determine, in general, ifthe generally Work familiar with the progress and to thes stage of construction, or as otherwise completed, will be ina accordance with observed is being performed in quality a ofthey portion ofthe the/ Architect shall keept the Owner inspections to check thec quality or However, the Architect shall not be Work, when fully completed, and promptly report to the reasonably informed about the quantity ofthe Work. On the basis required tor make deviations from the most recent Owner(I)known deviations progress and quality oft thep portion ofthe site visits,  required  manner indicating that the Work completed, and  observedi in the Work. 53.6221 The Architect hast the installed or completed. Subcontractors, $3.6.237 The  construction schedule submitted from the Contract Documents, of the Work the provisions ofthe Contract shall have the authority to Documents. Whenever such authority shall give riset ofthe Architect nor a decision made the Work is fabricated, testing  by the Contractor, and (3) defects (2) known Documents, whether or not require inspection or or other persons or entities ofthe Architect to the Contractor, performance under, andi Contractor. The Architect's requirements of, the upon or otherwise with reasonable response to such requests performance by both making such interpretations shall be final ifconsistent with rendered the in good faith. The  and deficiencies  the Architect considers iti authority to reject Work that does exercise or not to exercise However, neither this authority Contract Documents Architect shall interpret and decide shall ber madei in writing on withina written request ofe either the matters Owner concerning or from, the Contract Documents and decisions ofthe Architect shall  ofthe Work ina accordance necessary with ora advisable, the Architect not conform to the Contract  suppliers, theira agents or employees, toa duty or responsibility  in good faith eitherto performing portions ofthe Work.  any time limits agreed not bel liable for  $3.6.2.4 Interpretations Architect's decisions $3.625 Unless the Owner isdefinedin AIA Document and Contractor designate anotherp person Contractora as provided in the A201-2017.the Contract $363Certifitatest for Payment to $ 3.6.3.1 The Architect shall Contractor InsMteorA Archite B101", ts. -2017. "AA  promptness.  and decisions, the Architect shalle and shall be in writing or in the be consistent with the intent of, and show partiality to either, ands shall endeavor tos secure faithful form ofdrawings. When  reasonably inferable intent expressed in the  Contract Documents. on matters relating to aesthetic results effect ofi interpretations or decisions Owner and Contractor, shall not  Architect shall renderi initial tos serveas an Initial Decision Maker, as  Documents.  decisions on Claims between the that term representation to the certificates in such The tradomarks American and) Inslitute OfA Architects whiche expireso ono may dor bes usedy without Allrights reserved. the Amencan Terms ofService. Toreporte 01/02/2024, copyright isr not lor resale, pergission isl licensed This for documentwas 9  Ownera and  amounts. The Architect's certification review and certify the amounts due the produced by AIA soflware at the Ce and 1978, 1987, 1997, 2007 and 2017b only. User andr Notes: may only beu usedi ina 13:20:59E accordance ES with  Init. AIA Document  for payment shall constitute a Contractor and: shall issue  01 1974,  Owner, based on the  under Order arey the AIA Contract Documents"   violations, e-mail icopyrigngaaorg one-time use  (2004252470)    Exhibit  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 ofthe Architect's knowledge, information and belief, the Work has progressed tot the point indicated, the quality ofthe Work is in accordance with the Contract Documents, and that the Contractor ise entitledt to payment int the amount certified. The foregoing representations are subject to(I)an evaluation oft the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, subsequent and (4) $3.6.3.2 Thei issuance ofa Certificate for Payment shall not be: a representation that the Architect has made or continuous on-site inspections to check the quality or quantity oft the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3)r reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner tos substantiate the Contractor's to! payment, or(4) ascertained how or for what purpose the Contractor has used moncy previously paid on account right ofthe Contract S 3.6.3.3 The Architect shall maintain ar record oft the Appliçations and Certificates for Payment.  specific qualifications expressed by the Architect.  exhaustive Sum.  (I)  S 3.6.4S Submittals  S 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval oft the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved: submittal schedule or, in the absence ofan approved submittal schedule, with reasonable promptness while allowing sufficient time, in the. Architect's professional judgment, to permit adequate review. S 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 fort the limitedp purpose ofchecking for conformance with information given and the design concept expressed in the Contract Documents. Review ofsuch submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation orp performance ofequipment or systems, which are the Comtractorsresponsbliy, The Architect'sreview, shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect'sapproval ofaspecific item shall not indicate approval ofan assembly of which thei item is $3.6.43 Ifthe Contract Documents specifically require the Contractor to provide professional design serviçes or certifications by: a design protessional 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 bears such professional's seal ands signature when submitted tot the Architect. The Architect'sreview: shall be for the limited purpose ofchecking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to shall not be responsible for, the adequacy and accuracy ofthe services, certifications, and approvals performed rely upon, or and $3.6.445 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, int the Contract Documents, the requirements for requests for information. Requests for information: shall include, atan minimum, a detailed written statement that indiçates the specific Drawings orSpecifications in need ofclarification and the nature oft 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 S 3.6.4.5 The Architect shall maintain a record ofs submittals and copies ofs submittals supplied the Contractor in $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 adjustmenti int the Contract Sum or an extension ofthe Contract Time. Subject to Init. AIA Institute Document of Architects," B101". "AIA, - 2017. the Copyright AIALogo. 0 and 1974, 'AIA 1978, Contract 1987, Documents' 1997, 2007 and 2017 by The American Institute ofA Architects. Altrights reserved. The "American produced byA AIA software at 13:20: 59 ET on 01/04/2023 under Order No.2114395954 arer registered which trademarks expires andmay ono 01/02/2024, notb be is used without permission This documentwas 10  ac component.  provided by such design professionals.  requests for information. accordance $3.6.5Changes int the Work  byt  with the requirements oft the Contract Documents.  only, andr may only beu usedi in accordance witht theA AIA Contract Documents" Terms of Service. Tor  not for resale, is licensed for one-time use  User Notes:  report copyright violations, e-mail copyrght@aia.org.  (2004252470)    Exhibit4  Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner'sa approval  and execution in accordance with the Contract Documents.  S 3.6.5.2 The Architect shall maintain records relative to changes in the Work.  S 3.6.6Project Completion S 3.6.6.1 The. Architect shall:  1 conduct inspections to determine the date or dates of Substantial Completion and the date of final .3 forward to the Owner, for the Owner's review and records, written warranties and related documents .4 issue a final Certificate for Payment based upon a finali inspection indicating that, to the best oft the Architect's knowledge, information, and belief, the Work complies with the requirements ofthe  completion;  .2 issue Certificates of Substantial Completion;  required by the Contract Documents and received from the Contractor; and,  Contract Documents.  53 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements ofthe Contract Documents and to verify the accuracy and completeness ofthe list submitted by the $3 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining tol be paidt the Contractor, including the amount tol be retained from the Contract Sum, if S 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent ofs surety or sureties, ifany, tor reduction in or partial release ofretainage 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 5 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date ofSubstantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility  Contractor of Work tol be completed or corrected. any, for final completion or correction of the Work.  documentation required oft the Contractor under the Contract Documents.  operations and performance. S 4.1 Supplemental Services  ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES  $4.1.11 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 addressedi in this Agreement, ifneither the Owner nor the Architect is designated, the parties agree that the (Designate the Architect's Supplemental. Services and the Owner's Supplemental. Services requiredfor the Project by indicating whether the Architect or Owner shall ber responsible for providing the ldemtfedSapplemental. Service. Insert a description ofthe Supplemental. Services in Section 4.1.21 below or atlach the description ofservices as an  listed Supplemental Service is not being provided for the Project.  exhibit 10 this Agreement.) Supplemental Services $4.1.1.1 Programming 54.1.1.2 Multiple preliminary designs $4.1.1.3 Measured drawings $4.1.1.4 Existing facilities surveys $4.1.1.5 Site evaluation and planning $4.1.1.6 Building Information Model management S 4.1.1.7 Development ofE Building Information Models for  Responsibility (Architect, Owner, or nol provided)  responsibilities post construction use  Init. AIA Document B101". -2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Allrights reserved. The American Institute of Architects." "AIA," the/ AIAI Logo. and" "AIA Contraci Documents" are registered trademarks and may notl be used without permission This documentwas produced by AIAs software at 13:20:59 ETC 0n01/04/2023 under Order No.2114395954 whiche expires on 01/02/2024, isnotf for resale, is licensed for one-time use 11 only, and may only! beu usedi in accordance with the AIA Contract Documents* Terms ofs Service. Ton report copyright violations, e-mail copyrghtaia.org.  User Notes:  (2004252470)    Exhibit  Supplemental Services $4.1.1.8 Civil engineering $4.1.19 Landscape design S 4.1.1.10 Architectural interior design $4.1.1.11 Value analysis 54.1.1.12 Detailed cost estimating beyond that required in Section 6.3 $4.1.1.13 On-site project representation $4.1.1.14 Conformed documents for construction $4.1.1.15 As-designed record drawings $4.1.1.16 As-constructed record drawings S 4.1.1.17 Post-occupancy evaluation 54.1.1.18 Facility support services 54.1.1.19 Tenant-related services 4.1.1.20 Architect's coordination oft the Owner's $4.1.1.21 Tekecommuniationsydaa design $4.1.1.22 Security evaluation and planning $4.1.1.23 Commissioning 4.1.1.24 Sustainable Project Services pursuant to Section 4.1.3 $4.1.1.25 Fast-track design services 4.1.1.26 Multiple bid packages $4.1.1.27 Historic preservation $4.1.1.28 Furniture, furnishings, and equipment design $4.1.1.29 Other services provided bys specialty Consultants S 4.1.1.30 Other Supplemental Services S4 4.1.2Description of Supplemental Services  Responsibility (Architect, Owner, or no! provided) Architect (Poly)  consultants  Architect (Peach Engineering)  S 4.1.2.1 A description ofe each Supplemental: Service identified in Section 4.1.1 as the Architect's responsibility is (Describe in detail the Architect's Supplemental. Services identified in Section 4.1.1or, ifset forth in ane exhibit, identify thee exhibit. The AIA publishes a number of Standard Form of Architect's Services documents that can be $4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is (Describe inc detail the Owner 's Supplemental Services identified ins Section 4.1.1or, ifset forth in an exhibit, identify $4.1.3Ifthe Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204TM-2017, Sustainable Projects Exhibit, attached  provided below.  included as an exhibit to describe the Architect's Supplemental Services.)  Non-applicable provided below. the exhibit.) Non-applicable  tot this Agreement. The Owner shall compensate the Architect as provided in Section 11.2.  Init. AIA Document B101": -2017. Copyrighto1 1974, 1978, 1987, 1997, 2007 and 2017 by The American! Institute of Architects. All rights reserved. The "American Institule of Architects, "AIA," the AIALogo, and" 'AIA Contract Documents" arer registered trademarks andr may not be usedv without permission This documentwas produced! by AIAS soflware at1 13:20:59 ETC ono 01/04/2023 under Order No.2 21143959541 which expires ono 01/02/2024. is not forr resale, is licensed for one- time use 12 I only, and may only be used in accordance with the AIA Contract Documents" Terms ofs Service. Tor report copyright violations, e-mail copyright@aia org.  User Notes:  (2004252470)    Exhibit4  S 4.2 Architect's Additional Services Architect'ss schedule.  The Architect may provide Additional Services aftere execution ofthis Agreement without invalidating the Agreement. Except for services required due tot the faulto ofthe 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 S 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The. Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change int the Initial Information, previous instructions or approvals givenby the Owner, orar material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost ofthe Work, or procurement or delivery method; .2 Servicès necessitated by the enactment or revision ofcodes, laws, or regulations, including changing or 3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations ofapplicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior tot the issuance ofthe building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were Services necessitated by decisions oft the Owner not rendered ina a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; Preparing digital models or other design documentation for transmission to the Owner's consultants 6 Preparation ofd 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; Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where .9 Evaluation oft the qualifications of entities providing bids or proposals; 10 Consultation concerning replacement of Work resulting from fire or other cause during construction; .11 Assistance to the Initial Decision Maker, ifother than the Architect,  editing previously prepared Instruments ofs Service;  prepared in accordance with the applicables standard of care; and contractors, or to other Owner-authorized recipients;  the Architect is party thereto;  or,  $422Toavoidd delayi in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt oft the Architect's notice, the Owner determines that all or parts ofthes 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 1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation ofContractor'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 $4.231 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional .1 Two (2 )reviews ofe each Shop Drawing, Product Data item, sample ands similar submittals ofthe .3 One (1 inspections for any! portion oft the Work to determine whether such portion of the Work is substantially complete inz accordance with the requirements ofthe Contract Documents One (1) )inspections for any portion oft the Work to determine final completion.  for the services provided prior to the Architect's receipt of the Owner'snotice.  Architect;  Instruments of Service resulting therefrom.  Services. When the limits below are reached, the Architect shall notify the Owner: 2 Six (6 )visits to the site by the Architect during construction  Contractor  Init. AIAI Document B101" 2017. Copyrighte te1 1974, 1978, 1987. 1997, 2007 and 2017by) The American! Institute of Architeçts. All rights (eserved. The 'American estitute o Architects." AIA theAIALogo and" AIA Contrack Documents areregistered trademarks and may nolpe usedy withoit permission This documentwas 13 produced by AIAS soflware at 13:20:59E ET on 01/04/2023 under Order No. 2114395954 which expires ond 01/02/2024, isnot for resale, isl licensed ford one-time use only, and may only be usedi in accordancey with! theA AIA Contract Documents" Terms ofs Service. Tor report copyright violations, emaicopyrigngaiaon  User Notes:  (2004252470)    Exhibit  S 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(I)the date of Substantial Completion of the Work or (2)t 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 $42.51 Ifthes services covered! by this Agreement have not been completed within twelve ( 12 )months oft the date of this Agreement, through no fault oft the Architect, extension oft the Architect's services beyond that time shall be $5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information ina a timely manner regarding requirements for and limitations on the Project, includingav written program, which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; 5 5.2The Owner shall establish the Owner's budget for the Project, including (I) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3)r reasonable contingencies relatedt to all oft these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. Ifthe Owner significantly increases or 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 toa corresponding change int the 5 5.3The Owners shall identify a representative: authorized to act on the Owner's! behalfwith respect tot the Project. The Owner shallr render decisions and approve the Architect's: submittals inat timely manner in order to avoid unreasonable 5 5.4The Owners shall furnishs surveyst to describe physical characteristics, legal limitations and utility locations fort the site oft the Project, anda a written legal description oft 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 oft the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; andi information conceming 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 toal Project S 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations ofs soil bearing values, percolation tests, evaluations ofhazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written S 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. $5 5.7Ifthe Owneri identifieda Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required 55 5.81 The Owner shall coordinate the services ofi its own consultants with thoses services provided by the Architect. Upon the. Architect's request, the Owner shall furnish copies ofthes scope ofs services in the contracts between the Owner andt the Owner'sconsultants: The Owner shall furnish the services ofconsultants othert than those designatedas the responsibility ofthe Architect in this Agreement, or authorize the Architect to furish 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 5 5.91 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. Init. AIAI Document B101" 2017. Copyright e1 1974, 1978. 1987, 1997, 2007 and: 2017 by The American Institute of Architects. Allrights reserved. The "American Inslitute of Architects," "AIA." the AIAL Logo. and" *AIA Contract Documents" are regislered trademarks and may not be used without permission This documentwas produced by AIAS sofware at 13:20:59 ETon01/04/2023 under Order No.2114395954 whiche expires ono 01/02/2024, isnot for resale, is licensed for one-lime use 14 only, and may only beu usedi ina accordance with the AIA Contract Documents" Terms of Service, Ton report copyrighty violations, e-mail copyrighi@aia.org.  additional cost inj providing those Construction Phase Services.  compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES  expandability; special equipment; systems; and site requirements.  Project's scope and quality.  delay in the orderly and sequential progress oft the Architect's: services.  benchmark.  reports and appropriate recommendations.  in AIA Document E204TM-2017, Sustainable Projects Exhibit, attached tot this Agreement.  liability insurance, as appropriate to the: services or work provided.  User Notes:  (2004252470)    Exhibit  55.101 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be $5.11 The Owner shall provide prompt written notice to the Architect ifthe Owner becomes aware of any fault or defecti in the Project, including errors, omissions or inconsistencies int the Architect's Instruments ofService. S 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect'sservices: orp professional responsibilities. The Owner shall promptly notify the Architect ofthes substance of any direct communications between the Owner andt the Contractor otherwise relating tot the Projec.Communisations $5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities: set forth int the Contract for Construction with the Architect's services set forthi in this Agreement. The Owner shall provide the Architectac copy ofthe executed agreement between the Owner and Contractor, including the S 5.14 The Owner shall provide the Architect access to the Project site prior to commencement oft the Work and shall obligate the Contractor to provide the Architect access to the Work wherever itisi inj preparation or progress. $5.15 Within 15 days after receipt ofay written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. $6.1 Forp purposes ofthis Agreement, the Cost oft the Work shall be the total cost to the Owner to construct all elements oft the Project designed or specified by the Architect and: shall include contractors' general conditions costs, overhead and profit. The Cost oft the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise fumished by, the Owner. The Cost ofthe Work does not include the compensation oft the Architect; the costs oft the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that $6.27 The Owner's budget for the Cost ofthe Worki is provided in Initial Information, ands shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost ofthe Work, and the preliminary estimate oft the Cost oft the Work and updated estimates oft the Cost oft the Work, prepared by the Architect, represent the Architect'sj judgment as a design professional. Iti 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 oft the Cost oft the Work, or evaluation, prepared or agreed to by the Architect. 56 6.3 Inj preparing estimates oft 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 tol be included in the Contract Documents; to recommend reasonable adjustments in the program and: scope ofthe Project; and to include design alternates as may be necessary to adjust the estimated Cost oft the Work to meet the Owner's budget. The Architect's estimate ofthe Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. Ifthe Owner requires a detailed estimate ofthe Cost oft the Work, the Architect shall provide such an estimate, ifidentified as the Architect's responsibility in Section 4.1.1,as a Supplemental Service. $6.416, through no fault ofthe 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 refleçt changes in the general level of prices in the applicable construction market. 5 6.5 Ifat any time the Architect's estimate oft the Cost ofthe 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 ofthe Work, and the Owner shall cooperate with the Architect in making such adjustments.  reasonably necessary at any time for the Project to meet the Owner's needs and interests.  by and with the Architect's consultants shall be through the Architect.  General Conditions ofthe Contract for Construction.  ARTICLE 6 COST OF THE WORK  are the responsibility of the Owner,  Init. AIA Document B101" -2017. Copyrighto1 1974, 1978, 1987, 1997. 2007 and 2017 by The American Instilute ofA Architects. Allrights reserved. Tne "American Institte of Aichitects." AIA he AIALogO. and" AIAContract Documents are vegatered) trademarks and may hoi) bes usedy without pernisson This documentwas 15 produced byA AIA's sofiware at1 13:20:59 ETono 01/04/2023 under Order No.2114395954 which expires on 01/02/2024, isnot for resale, is licensed for one-time use I only, andr may only be usedi ina accordance with the AIA Contract Documents" Terms of Service. Toreport copyright violations, e-mail copyrighi@aia.org.  User Notes:  (2004252470)    Exhibi  $6.61 Ifthe Owner'sb budget for the Cost ofthe Work at the conclusion oft the Construction Documents Phase Services  is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall  .1 give written approval of an increase in the budget for the Cost oft the Work; .2 authorize rebidding or renegotiating oft the Project within ar reasonable time;  3 terminate in accordance with Section 9.5; the Cost of the Work; or, .5 implement any other mutually acceptable altemative.  .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce  $671fthe Owner chooses toj 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 oft the Work at the conclusion ofthe Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. Ifthe Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost ofthe Work due tor 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'sservices: for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility S7.1The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party ist the copyright owner of such information or has permission from the copyright owner to transmit $7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, ands shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service tor meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in 57.3The Architect grants tot the Ownera a nonexclusive license to use the Architect's Instruments ofService: 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 ofall sums due pursuant to Article 9a and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent witht 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. Ifthe Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 5 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 ofa action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect andi its consultants from all costs ande expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity tot the extents such costs and expenses arise from the Owner's use ofthe Instruments of Service under this Section 7.3.1. Thet terms of this Section 7.3.1 shall not apply ifthe Owner rightfully $74E Except for the licenses grantedi 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 toa another party without the prior written agreement of the Architect. Any unauthorized use ofthe Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's $7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination oft this Init. AIA Document B101"-2017. Copyrighte 01 1974, 1978, 1987, 1997, 2007 and 2017 by TheA Ameriçan Institute of Architects. Allrightsr reserved. The American Institute ofA Architects," "AIA,the AIALogo, and" AIA Contract Documents" arer registered trademarks andn may notbeu used withoul permission This document was 16 produced! by AIAS software at1 13:20:59E ETon01/04/2023 under Order No.2114395954 which expires ond 01/02/2024, isnot forr resale, is licensed for one-t -time use I only, and may only be usedi in accordance with the/ AIA Contract Documents" Terms of Service. Toreport copyright violations, e-mail copyrtghi@ala.org.  under this Article 6.  ARTICLE7 COPYRIGHTS AND LICENSES suchi information for its use on the Project.  derogation of the reserved rights oft the Architect and the Architect's consultants.  7.3: shall terminate.  terminates this Agreement for cause under Section 9.4.  consultants. Agreement. User Notes:  (2004252470)    Exhibit 4  ARTICLE 8 CLAIMS AND DISPUTES  S 8.1General  S 8.1.1The Owner and Architect shall commence all claims and causes ofaction against the other and arising out ofor related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method: selected int this Agreement and within the period specified by applicable law, but ina any case. not more than 10 years after the date of Substantial Completion oft the Work. The Owner and Architect waive all S 8.1.2Tot the extent damages are covered by property insurance, the Owner and Architect waive all rights against each othera and against the contractors, consultants, agents, and employees ofthe other for damages, except such rights as they may havet to the proceeds ofs 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 ofthe contractors, consultants, agents, and employees ofany oft them, similar waivers in favor oft the other parties enumerated herein. 5 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out ofor relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages duet to either partly'stermination oft this Agreement, except as specifically provided in Section 9.7. S 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 tol binding dispute resolution. Ifs such matter relates to or is the subject ofa lien arising out ofthe Architect's services, the Architect may proceed ina accordance with applicable law to comply witht the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. S 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration. Association ina accordance withi its Construction Industry Mediation Procedures in effect on the date ofthis Agreement. A request for mediations shall be madei in writing, delivered tot 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 ofa complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance ofbinding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date oft filing, unless stayed for al longer period by agreement of the parties or court order. Ifan arbitration proceeding iss stayed pursuant to this section, the parties may nonetheless proceed to the selection oft the arbitrator(s) $8 8.2.3" The parties shall share the mediator's fee and any filing fees equally. The mediation shall bel held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall $8241 Ifthe parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding  claims and causes ofaction not commenced in accordance with this Section 8.1.1.  S 8.2Mediation  and agree upon a schedule for later proceedings.  be enforceable as settlement agreements in any court! having jurisdiction thereof.  dispute resolution shall be the following: (Check the appropriate box.)  IXI Arbitration pursuant to Section 8.3 of this Agreement I1 Litigation in a court of competent jurisdiction  II Other: (Specif)  Ifthe Owner and Architect do nots select a method ofbinding dispute resolution, or do not subsequently agree in writing toa al binding dispute resolution method other than litigation, the dispute willl be resolvedi in acourt of competent  jurisdiction.  Init. AIA Document! B101" -2017. Copyright e 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Allr rights reserved. The" "American Institute, of Architecis." "AIA the AIA) Logo. and" 'AIA CohtraetDociments, are repistered Mademarks and may noibes usedy without permission. This documentwas 17 produced byA AIAS software at. 13:20:59ET 0n01/04/2023 under Order No.2 2114395954 which expires ond 01/02/2024, isnot for resale, is licensed for one-time use only, and may only be usedi in accordance witht theA AIA Contract Documents" Terms of Service. Toreporto copyrighty violations, e-mail copyright@ala Lorg.  User Notes:  (2004252470)    Exhibit4  58.3A Arbitration  S 8.3.1 Ifthe parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this $ 8.3.1.1. A demand for arbitration shall be made no earlier than concurrently with the filing ofar request for mediation, buti in no event shall itber made after the date whent the institution ofl legal or equitable proceedings based on thec claim, dispute or other matter in question would be barred byt the applicable statute of limitations. For statute of limitations purposes, receipt ofay written demand for arbitration by the person or entity administering the arbitration shall constitute thei institution of legal or equitable proceedings based on the claim, dispute or other matter in question. S 8.3.2The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with appliçable law in any 58337 Thea award rendered by the arbitrator(s): shall be final, andj judgment may be entered upon it in accordance with S 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which iti isay party provided that (1) the arbitration agreement goveming the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3)t the arbitrations employ materially similar procedural rules andi methods for selecting arbitrator(s). S 8.3.4.2 Either party, ati its sole discretion, may include byj joinder persons or entities substantially involved ina common question ofl law or fact whose presence ist required ifc complete reliefist to be accorded in arbitration, provided that the party sought to bej joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not $8.3.43 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether byj joinder or consolidation, the same rights ofj joinder and consolidation as the Owner and  Agreement, and filed with the person or entity administering the arbitration.  court! havingj jurisdiction thereof. $834Consolidationt or. Joinder  applicable lawi in any court! having jurisdiction thereof.  described int the written consent. Architect under this Agreement.  $8.41 The provisions oft this Article 8s shall survive the termination oft this Agreement.  ARTICLE 9 TERMINATION OR SUSPENSION  $9.11 Ifthe Owner fails to make payments tot 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 ofs services under this Agreement. Ifthe Architect elects to suspend services, the Architect shall give seven days" written notice to the Owner before suspending services. In the event ofas suspension ofservices, the Architect shall have no liability to the Owner for delay or damage caused the Owner because ofs 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 $9.2Ifthe 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 interuption and resumption oft the Architect's: services. The Architect's fees for the remaining services and the time 59.31 Ifthe Owner suspends the Project for more than 90 cumulative days for reasons other than the fault ofthe Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice.  remaining services and the time schedules shall be equitably adjusted.  schedules shall be equitably adjusted.  Init. AIA Document B101" 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017 by TheA American Institute of Architects. Allrightsr reserved. The "American Institule of Architects," "AIA," the AIAL Logo, and" "AIA Contract Documents" are registered! trademarks and may noll be usedy without permission. This documentwas 18 produced by AIAS software at 13:20:59 ET on01/04/2023 under Order No.2114395954: which expires on01/02/2024, isnot! forr resale, is licensed forc one- -time use only. and mayo only be usedi in accordance with the AIA Contract Documents°1 Terms of Service. Ton reporto copyright tviolations. e-mail copyright@aia.org  User Notes:  (2004252470)    Exhibit 4  $9.4E Either party may terminate this Agreement uponi not less than seven days' written notice should the other party fails substantially to perform in accordance with the terms ofthis Agreement through no fault ofthe party initiating the $9.57 The Owner mayt terminate this Agreement upon not less than seven days' written notice to the Architect for the $9.61 Ifthe 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 priorto termination, Reimbursable Expenses incurred, and costs attributable tot termination, including the costs attributableto 59.71 In addition to any amounts paid under Section 9.6, ifthe 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 (Setforth below the amount of any termination or licensing fee, or the method) for determining any termination or  termination.  Owner's convenience and without cause.  the Architect's termination of consultant agreements.  Architect the following fees: licensingfee.)  Termination Fee: Non-applicable Non-applicable  .2 Licensing Fee ifthe Owner intends to continue using the Architect's Instruments of Service:  S 9.81 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of 59.97 The Owner's rights to use the Architect's Instruments ofServicei in the event ofat termination ofthis Agreement S 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction'schoice: ofl law rules. Ifthe parties have selected arbitration as the method lofbinding dispute resolution, the 5 10.2' Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General 51 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives tot this Agreement. Neither the Ownerr nor the Architect shall assign this Agreement without the written consent oft thec other, except that the Owner may assignt this Agreement to a lender providing financing for the Project ifthel lendera agrees toa assume the Owner'srights and obligations undert this Agreement, including any payments duet to 51 10.41 Ifthe Owner requests the Architect to execute certificates, the proposed language ofsuch certificates shall be submitted tot the Architect for review at least 14 days prior to the requested dates of execution. Ifthe Owner requests the Architect to execute consents reasonably required to facilitate assignment to al 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 ofthis Agreement. 5 10.51 Nothing contained in this Agreement shall create a contractual relationship with, ora cause ofaction in favor  Substantial Completion.  are set forthi in Article 7a and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS Federal Arbitration Act shall govern Section 8.3. Conditions oft the Contract for Construction.  the Architect byt the Owner prior tot the assignment.  of, at third party against either the Owner or Architect.  Init. AIAI Document B101" -2017. Copyrighte 1974, 1978, 1987, 1997, 2007 and 2017by The American Institute ofA Architects. Allrights reserved. The "American Insiilute ofArchtecis" SAIA inez AAI Logo. and AIA Contract Dociments" arer registered) rademarks and nay, nol be useds without permission This documentwas 19 produced! by AIA software at1 13:20:59E ETon0 01/04/2023 under Order No.2114395954 which expires 0n01/02/2024, is notf for resale, is licensed for one-time use only, andr may only beu usedi in accordance with the AIA Contract Documents" Terms of Service. Tor report copyright violations, e-maild copyrighi@ala.org  User Notes:  (2004252470)    Exhibit4  S 10.6 Unless otherwise required int 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 5 10.7 The Architect shall have the right toi include photographic or artistic representations oft the design oft the Project among the Architect's promotional and professional materials. The. Architect shall be given reasonable access to the completed Project to makes such representations. However, the. Architect's materials shall not include the Owner's confidential or proprietary information ift the Owner has previously advised the Architect in writing ofthes specific information considered! by the Owner tob be confidential or proprietary. The Owners shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. S 10.8 Ifthe 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 itt to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. $1 10.8.11 The receiving party may disclose confidential" or' "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including: a subpoena or other form of compulsory legal process issued by: a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defendi itselfi in any dispute. The receiving party may also disclose such information toi 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 $1091 The invalidity ofa any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. Ifiti 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 tot the $ 11.11 Fort the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as  form at the Project site.  and use ofsuchi information as set forth in this Section 10.8.  parties' intentions and purposes in executing the Agreement.  ARTICLE 11 COMPENSATION  follows:  Stipulated Sum (Insert amount) 2 Percentage Basis (Insert percentage value)  ()%oft the Owner'sb budget for the Cost oft the Work, as calculated in accordance with Section 11.6.  .3 Other  (Describe the method ofc compensation)  As outlined in the Proposal Letter dated December 21, 2022 to Matt Murphy, PE.  S 11.21 For the Architect's! Supplemental Services designated in Section 4.1.1 and for any Sustainability Services (Insert amoun! of, or basis for, compensation. Ifnecessary, lists specific services to which particular methods of  required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows:  compensation apply.) Per Hour Basis  Init. AIAD Document B101"- 2017. Copyrighto 1974, 1978, 1987, 1997, 2007 and 2017by The American Institute OfA Architects. All rights reserved. The "American Inslitute ofA Architects," "AIA." the AIAL Logo. and" "AIA Contract Documents" arer registered trademarks and may not be usedy withoul permission This documentwas 20 produced by AIAS software at 13:20:59E ET on01/04/2023 under Order No. 2114395954 whiche expires ono 01/02/2024, isr notf forr resale. isi licensed for one- time use only. and may only beu usedi ina accordances witht theA AIA Contract Documents" Terms of Service. Toreporto copyright violations, e-maild copyrighi@aia.org  User Notes:  (2004252470)    Exhibit 4  S 11.3 For Additional Services that may arise during the course oft the Project, including those under Section 4.2, the  Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.)  Per Hour Basis Services.)  $11.40 Compensation for Supplemental and Additional Services oft the Architect's consultants when not included in Section 11.2or11.3, shall be the amount invoiced to the Architect plus ten percent( 10%), or as follows: (Insert amount of or basis for computing, Architect's consultants" compensation) for Supplemental or Additional  $1 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:  (Table deleted)  As outlined in the Proposal Letter dated December 21, 2022 to Matt Murphy, PE.  S 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost oft the Work. Compensation paidi in previous progress payments shall not be adjusted based on S 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services 5 11.7 The hourly billing rates for services oft 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.  subsequent updates to the Owner's budget for the Cost oft the Work. performed whether or not the Construction Phase is commenced.  (fapplicable, attach an exhibit ofhourly billing rates or insert them below.)  Employee or Category Principal Architect Principal Engineer CADD' Technician Engineer Intem Clerical Inspector  Rate ($0.00) $1 140.00 $200.00 $110.00 $110.00 $ 90.00 90.00  $11.80 Compensation for Reimbursable Expenses  S 11.8.1 Reimbursable Expenses are ins 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; .4 Printing, reproductions, plots, and standard form documents; requested by the Owner or required for the Project;  .2 Long distance services, dedicated data and communication services,teleconterences, Project webs sites, 3 Permitting and other fees required by authorities having jurisdiction over the Project; .6 Expense of overtime work requiring higher than regular rates, ifauthorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials  and extranets;  .5 Postage, handling, and delivery;  Init. AIAI Document B101"- 2017, Copyrighto1 1974, 1978, 1987, 1997, 2007 and: 2017 by The American Institute of Architects Allr rights reserved. The "American Institule of Architects," "AIA, the AIAL Logo. and" AIA Contract Documents" are regislered trademarks andr may notb be usedy without permission This documentwas produced! by AIAS software at1 13:20:59E ETon01/04/2023 under Order No.2114395954 whiche expires ono 01/02/2024, isnotf for resale, is licensed for one-time use 21 only, and may only be usedi ina accordance with the AIA Contract Documents" Terms of Service. Tor report copyright violations, e-mail copyrghi@ala.org.  User Notes:  (2004252470)    Exhibit 4  8 Ifrequired byt the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses ofprofessional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess oft that normally maintained byt the Architect's 11 Registration fees and any other fees charged by the Certifying Authority or by other entities as  consultants; .10 Site office expenses;  .9 All taxes levied on professional services and on reimbursable expenses; necessary to achieve the Sustainable Objective; and, .12 Other similar Project-related expenditures.  S 11.8.21 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect andt the 5 11.9/ Architect's! Insurance. Ifthe types and limits of coverage required in Section 2.5 are ina addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the (Insert the additional coverages the Architect is requiredtoc obtain in order 10 satisfy the requirements sel) forth in  Architect's consultants plus five percent( 5 %) ofthe expenses incurred.  Architect for the additional coverages as set forth below: Section 2.5, and for which the Owner shall reimburse the Architect.)  5 11.10 Payments to the Architect 51 11.10.1 Initial Payments  $1 11.10.1.1. An initial payment of zero dollars ($ 0.00 )shall be made upon execution ofthis Agreement and is the minimum payment undert this Agreement. Its shall be credited to the Owner's account in the final invoice. S 11.10.1.2 Ifa Sustainability Certification is part ofthe Sustainable Objective, an initial payment to the Architect of zero dollars ($ 0.00 )shall be made upon execution oft this Agreement for registration fees and other fees payablet to the Certifying Authority andi necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited tot the Owner's account at the time the expense is incurred. S 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 oft the Architect's invoice. Amounts unpaid ninety (90 )days after the invoice date shall bear interest att the rate entered below, or in the absence thereof at the legal rate  5 11.10.2F Progress Payments  prevailing from time to time att the principal place oft business oft the Architect. (Insert rate ofmonthly or annual interes! agreed upon.) Prime interest rate +1 % monthly  $11.10.227 The Owner shall not withhold amounts from the Architect's compensation toi impose a penalty or liquidated damages ont the Architect, ort to offsets sums requested by or paid to contractors for the cost ofc fchanges int the Work, unless the Architect agrees or has been found liable for the amounts inal binding dispute resolution proceeding. $11,10.23 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 t0 this Agreement.)  Thej parties agree to comply with any applicable federal, state, andl local laws and policies and procedures. Itis understood thatt this project is being funded, atl least in part, with American Rescue Plan Act (ARPA)revenue replacement funds granted to the County. As such, the parties agree to comply with applicable requirements ofsection 603 ofthe American Rescue Plan Act, Pub. L. No. 117-2 (March 11,2 2021) (the "Act"), regulations adopted by Treasury pursuant tos section 603() of the Act, codified as 31 C.F.R. Part 35, and guidance issued! by Treasury Init. AIA Document B101": 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017by The American Institute of Architects All rights (eserved. The American lnstitute of Architects." FAIA, eAIA Logos and AIA Coniracio Documents are' registeied lademarks andi may nolbe usédy withoul permission This documentwas 22 produced by AIA sofiware at1 13:20:59E ETon 01/04/2023 under Order No. 2114395954 which expires ono 01/02/2024, isr not for resale, isl licensed for one-lime use only, and mayo only beu usedi ina accordance witht theA AIA Contract Documents" Terms of Service, Tor report copyrighty violations, e-mail copyright@aia.org.  regarding the foregoing. User Notes:  (2004252470)    Exhibit.  Federal regulations which are applicable tot this Agreement include, without limitation, the following:  OMB Guidelines to Agencies on Government wide Debarment and Suspension Nomprocuremem,2CFR. Part 180, including the requirement toi include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2C.F.R. Part 180, subpart B) that the award is subjectto2C.F.R. 2. New Restrictions onl Lobbying. Contractor must certify thati ity will not, and! has not, used federal appropriated funds to any person or organization for influencing or attempting toi influence an officer or employee of any agency,ar member ofCongress, officer ore employee of Congress, or an employee ofar memberofCongressi in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.CS 1352. 3. Generally applicable federal environmental laws andr regulations. Contractor must comply with alla applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). All violations must be reported to the County, Treasury, andt the Regional Office ofthe Environmental Protection Agency. 4. Generally applicable anti-discrimination laws and regulations, including protections for whistleblowers . For contracts/subcontracts: over $100,000, work performed by mechanics and laborers is subject to the provisions oft the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704), as supplemented by 29C.F.R. Part 5, including, specifically, safety standards, limitations on hours in a workweek and overtime for any works spent over 40 hours, and proper documentation for all employees. a. A contractor or subcontractor contracting for any part oft the contract work which may require or involve the employment of laborers or mechanics shall not require or permit any laborer or mechanic, in any workweek in which the laborer or mechanic is employed on that work, to work more than 401 hours in that workweek, except as provided 40 U.S.C. Chapter 37; and When a violation ofo clause (I) occurs, the contractor and any subcontractor responsible for the i.tot the affected employee for the employee's unpaid wages; and ii.to the government, the District of Columbia, or a territory for liquidated damages as  Part 80 and' Treasury's implementing regulation at31 C.F.R. Part 19.  relating to the use of federal funds.  violation are liable  provided in the contract.  Bys signing this contract, the contracting parties affirm, for the duration oft the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the! State of Alabama. Furthermore, a contracting party found to be in violation ofthis provision shall be deemed int breach oft the agreement and shall bc responsible for all damages resulting therefrom.  ARTICLE 13 SCOPE OF THE AGREEMENT  S 13.1 This Agreement represents the entire andi 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. S 13.2This Agreement is comprised oft the following documents identified below:  .1 AIA Document BIOITM-2017, Standard Form Agreement Between Owner and Architect 2 AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, dated as (Insert the date of the E203-2013 incorporated. into this agreement.)  indicated below: N/A 3 Exhibits:  (Check the appropriate box for any exhibits incorporated into this Agreement.)  Init. AIAD Document B101"-2017. Copyrighte e 1974, 1978, 1987, 1997, 2007 and 20176 by The American Institute ofA Architects. All rights reserved. The American Insritute ofArchtects." "AIA: tne AIALogo, and" "AIA Contrect Documents arer registered trademarks and may notbe usedy without permasion This documentwas 23 produced by AIAs software at1 13:20:59 ETon 01/04/20231 under Order No.2 2114395954 which expires ono 01/02/2024, isnot forr resale. is licensed forc one-time use I only. and may only beu used ina accordance with theA AIA Contract Documents" Terms ofService. Toreporto copyright violations, e-mail copyighi@aia.org.  User Notes:  (2004252470)    Exhibit4  I AIA Document E204TM-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date ofthe E204-2017 incorporated into this agreement.)  N/A  I1 Other Exhibits incorporated into this Agreement:  (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits  and scopes ofservices identified as exhibits in Section 4.1.2.)  N/A Other documents:  (List other documents, ifany, forming part of the Agreement.) Proposal Letter dated December 21, 2022 to Matt Murphy, PE  This Agreement entered into ofthe day andy year first written above. Matthew Murphy,PE, County Engineer R (Printed name and litle)  Chz n. wlh ARCHITÉCT (Signature) Clayton M. Wilks, Principal Architect (Printed name, title, and! license mumber, ifrequired)  S CHarhen hoe  AIAC Document B101"- 2017. Copyrighte1 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The American Init. Insilute 016 Architects. "AIA hhe AIA Logo, and "AIAS Contiac Doduments' are tegistered vademaks and may notbe used wvouigermissicn. This documentwas 24 produced by AIAs software at 13:20:5 59 ETon 01/04/20231 under Order No. 21143959541 whiche expires on0 01/02/2024, isnot for resale, isi licensed ford one- time use I only, and may only beu usedina accordance witht theA AIA Contract Documents* Terms ofService. Tor report copyright violations, e-mail copyrighi@aia.org.  User Notes:  (2004252470)    Exhibit 4  Additions and Deletions Report for AIA Document B101"-2017  This Additions and! Deletions Report, as definedonp page 1ofthe associateddocument, reproduces below alltextt the author has added tot thes standardf form AIAC document inc ordert toc complete it, asv well as any textt thea author may! have addedt toord deleted from the original AIA text. Addedt text iss shown underlined. Deletedt texti is indicated with al horizontal line through the original AIA text. Note: This Additions and Deletions Reporti is providedf fori information purposes only and is noti incorporated into or constitute any part ofthea associated/ AIAC document. This Additions and Deletions Reporta and its associated document were generated simultaneously! by  AIA software at 13:20:59 ET on 01/04/2023.  PAGE1  AGREEMENT made as ofthe  day of  int the year 2023  Dale County Road and Bridge Department 202S.Hwy 123, SuiteA Ozark. Alabama 36360 334-774-5875 Poly.Inc. 1935 Headland Avenue Dothan.AL.36303 (334)793-4700  Project Name: Office Addition for the Dale County Road and Bridge Maintenançe! Shop  Project Address: 1725 County Road: 30. Ozark, Alabama  PAGE2  The Client intends to construct a new office addition, approximately 2,400 sfin size, at its County Shop facility in Ozark, AL. The Architect has provided preliminary architectural drawings to the Owner. The preliminary design has been approved andt the Owner would like fulla architectural, V/engineering: services fort the projecttobeprovidedi inc order  tohave the building constructed.  Ther project is an addition to thes existing Maintenance Shop Office and will extend off the front of the building towards  the road. PAGE3  Not provided. Economical construction based on layout approved by the Owner.  Tobe determined. To be determined.  Additions and Deletions Reportf for AIAI Document B101--2017. Copyrighte 1974, 1978, 1987, 1997, 2007 and 2017by The American Institute of Architects. All rightsr reserved. The American Institule of Architects." "AIA," the AIAL Logo, and" "AIA Contract Documents" arer regislered trademarks andn may not be used 1 withoutp permission This document was produced by AIAS softwarea at 13:20:5 59ETOn01042023: under Order No.2114395954 whiche expires on01/02/2024, is.not forresale, is licensedf foro one-t time useo only, andmay onlyb be used ina accordancey witht the AIA Contract Documents" TermsofService. Tompotcpriontwosions,  e-mail copyright@aia. .org. User Notes:  (2004252470)    Exhibit 4  To be determined. Tol be determined.  Competitive Bid Non-applicable Matt Murphy,PE 202S.Hwy 123.Suite A Ozark, Alabama 36360 334-774-5875 aeNatNasN  Non-applicable  Carmichael Engineering, Inc. 14Howell Street Midland City.AL36350 (334)983-8378 Poly, Inc. 19351 Headland Avenue Dothan.AL.36303 (334)973-4700  PAGE4  Clayton M. Wilks, Principal Architect Poly,Inc. 1935 Headland Avenue Dothan, AL36303 wik@poly-inc.com (334)944-2474  Johnson and Associates Engineering 200 GrovePark Lane.#820 Dothan, AL36305 (334)671-4783  Additions and Deletions Report for AIA Document B101" -2017. Copyrighto 1974, 1978, 1987, 1997. 2007 and 20175 by The American Institute ofA Architects. All rights reserved. The "American Institute ofA Architects," "AIA, the AIAI Logo, and "AIA Contract Documents" are registered! trademarks and may not be used without permission This document wasp produced by AIA software at 13:20:5 59ETOn01/042023 under Order No.2114395954 whiche expires on01/02/2024, isnot 2 forresale, islicensedforone time use only, andr may only beusedi ina accordances with theA AIAC Contract Documents"1 Terms ofService. Torputeprontvasions,  e-mail copyright@aia.org User Notes:  (2004252470)    Exhibit4  jae@ja-eng.com Peach Engineering 1214First/ Avenue.Suite2 210 Columbus.GA31901 (706)596-1840 Peach Engineering 1214First Avenue, Suite2 210 Columbus. GA31901 (706)596-1840  PAGE5  $2.5.1 Commercial General Liability with policy limits of not less than one million dollars ($ 1.000.000 ) for each occurrence and twomillion dollars (S 2,000,000 Jint the aggregate for bodily injury and property damage. S 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits oft not less than one million dollars ($ 1.000,000 ) per accident for bodily injury, death of any person, and property damage arising out oft the ownership, maintenance and use ofthose motor vehicles, along with any other 5 2.5.5 Employers' Liability with policy limits not less than one million dollars_(S 1,000,000) each accident, one million dollars ($ 1.,000.000 ) each employee, and one million dollars_(S 1,000,000 policy limit. S 2.5.6E Professional Liability covering negligent acts, errors and omissions in the performance ofp professional services withy policy limits ofr not less than five million dollars ($ 5.000.000)p per claim and fivemillion dollars ($ 5,000,000  statutorily required automobile coverage.  PAGE6  )int the aggregate. PAGE 12 $4.1.1.8 Civil engineering  Architect (Poly)  54 4.1.1.21 Tekecommunicationsldaa design  Architect (Peach Engineering)  Non-applicable Non-applicable PAGE13  .1 Two_( 2)reviews of each Shop Drawing, Product Data item, sample and similar submittals oft the 3 One( 1) inspections for any portion oft the Work to determine whether such portion ofthe Work is substantially complete ina accordance with the requirements oft the Contract Documents .4 One ( L) inspections for any portion ofthe Work to determine final completion.  Contractor  .2 Six 6)visits to the site by the Architect during construction  PAGE14  Additions and Deletions Reportf for AIAI Document B101"- -2017. Copyrighte 1974, 1978, 1987, 1997, 2007 and2 2017by The/ American Institute of Architects. All rights reserved. The" American Institute ofA Architects," "AIA, Ihe AIA Logo, and" "AIA Contract Documents" are registered trademarks and may not be used withoutp permission This document was produced! by AIAS software at1 13:20:59 ETC on01/04/2023 under Order No.2114395954 whiche expires ono 01/02/2024, isnot 3 forr resale, islicensedforone timeu usec only. andmay onlybeusedina accordancev with theA AIAContract Documents" Termsofs Service. Toreportcopyrights violations,  e-mail copyright@ais.org. User! Notes:  (2004252470)    Exhibit4  4.2.5Ifthes services covered by this Agreement have not been completed within twelve 12_)months oft the date of this Agreement, through no fault oft the Architect, extension oft the Architect's services beyond that time shallb be  compensated as Additional Services.  PAGE17 PAGE19  IXJ Arbitration pursuant to! Section 8.3 ofthis Agreement  Non-applicable Non-applicable  PAGE20  As outlined in the Proposal Letter dated December21.2 2022 to Matl Murphy.PE.  Per Hour Basis PAGE21 Per Hour Basis  S 11.40 Compensation for Supplemental and Additional Services oft the Architect's consultants when not included in Section 11.2or 11.3, shall be the amount invoiced to the Architect plus ten percent( 10%), or as follows:  SehematieDeig-Plaise Design-E Development Phase Construotion Deeuments Phase Preeurement-Phase Construetion- Phase Total-E Basie-Compensation  pereent percent-E percentf pereent- percentf  %) %) %) %) %) %)  ene-hundred percent-f  400  As outlined in the Proposal Letter dated December 21,2022 tol Matt Murphy,PE.  Principal Architect Principal Engineer CADD Technician Engineer Intern Clerical Inspector PAGE22  $140.00 $200.00 $110.00 $110.00 $90.00 $_90.00  $11.8.2For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the  Architect's consultants plus five percent( 5_%) oft the expenses incurred.  $11.10.1.1 An initial payment of zero dollars (S 0.00)s shall be made upon execution ofthis Agreement and is the minimum payment under this Agreement. Its shall be credited to the Owner's account in the final invoice. Additions and Deletions Reportf for AIA Document 8101" -2017. Copyrighte 1974, 1978, 1987, 1997, 2007 and 2017byT The American Institute of Architects. Allr rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and AIA Contraci Documents ares registered trademarks and may not be used 4 withoutpermission This document wasp produced by AIAS softwarea at 13:20:59E ETS on 01/04/2023 under Order No.2114395954 whiche expires on0 01/02/2024, isnot forresale, isl licensedforone- time useo only, andmayo onlyt beu usedi ina accordancey with theA AIA Contract Documents" Terms of Service. Toreporto copyrighty violations,  e-maild copyright@aia.org User Notes:  (2004252470)    Exhibit 4  $11.10.1.21 Ifa Sustainability Certification is part oft the Sustainable Objective, an initial payment to the Architect of zero dollars (S 0.00)shall be made upon execution of this Agreement for registration fecs and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect'sp payments tot the Certifying Authority shall be credited tot the Owner's account att the time the expense is incurred. $11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly inj proportion tos services performed. Payments are due and payable upon presentation oft the Architect's invoice. Amounts unpaid ninety_ 90 )days after the invoice date: shall bear interest at the rate entered below, ori in the absence thereof at the legal rate  prevailing from time to time at the principal place ofbusiness oft the Architect.  Prime interest rate +1% monthly  The parties agree to comply with any applicable federal, state, and local laws and policies andj procedures. Itis understood that this project is being funded. at least in part. with American Rescue Plan Act/ARPA/revenue replacement funds grantedt tot the County. Ass such. the parties agreet tocomply with applicable requirmentsofsection 603 ofthe American Rescue Plan Act,Pub. L. No. 117-2(March 11.2021)(the' "Act").regulations: adopted by Treasurypursuant to section 603(0) of the Act, codified as 31 C.F.R. Part35, and guidance issued by Treasury Federal regulations which are applicable to this Agreement include. without limitation. the following:  regarding the foregoing.  1. OMB Guidelines to Agencies on Government wide Debarment and Suspension NorpsmmaL2CER. Part 180. including the requirement to includeat term or condition ina all lower tier covered transactions (contracts and subcontracts described in2C.F.R. Part 180. subpart B) that the award is subject to2C.F.R. 2. New Restrictions on Lobbying. Contractor must certify that ity will not, and has not, used federal appropriated funds to any person or organization for influencing or attempting toi influence an officer or employee of any agency.amemberc ofCongress. officer or employee ofCongress. or an employee ofar member of Congressi in connection with obtaining any federal contract, grant. or any other award covered by 31 US.CSI 1352. 3. Generally applicable federal environmental laws andi regulations. Contractor must comply with alla applicable standards, orders.orregulations issued pursuant to the Clean Air Act62USC.1401-76/0. and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). All violations must be reported to the County, Treasury, and the Regional Office of the Environmental Protection Agency, 4. Generallya applicable anti-discrimination laws and regulations. including protections for whistleblowers 5. For contractssubsontracts: over $100,000. work performed by mechanics and laborers is subject to the provisions oft the Contract Work Hours and Safety Standards Act (40 U.S.C.3 3702 and 3704).as supplemented by 29 C.F.R. Part 5. including, specifically, safety standards. limitations on hours ina workweek and overtime for any work spent over 40 hours. and proper documentation for all employees. Acontractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall not require or permit any laboreror mechanic. in any workweek in which the laborer or mechanic is employed on that work. to work more than 401 hours int that workweek, except as provided 40 U.S.C. Chapter 37:and Whena aviolation of clause (I)o occurs. the contractor and anys subcontractor responsible for the ito the affected employee for the employee's unpaid wages: and  Part 80 and Treasury'si implementing regulation at 31 C.F.R. Part 19.  relating to the use of federal funds.  violation are liable  Additions and Deletions Reportf for AIAI Document B101" -2017. Copyrighto1 1974, 1978, 1987, 1997, 2007 and 2017by TheA American Institute of Architects. Allrights reserved. The American Institute of Architects." "AIA! the AIA Logo, and "AIA Contraci Documents" are registered! trademarks and may not be used 5 withoutpermission This documenty was produced byA AIA softwaréa at 13:20:59E ETono 01/04/2023 under Order No.2114395954 which expires on 01/02/2024, isnot forresale, isli licensed forone-ti time useo only, andmay onlyb bet usedinaccordancer witht theA AIA Contract Documents" Terms ofs Service. Tompatcpygnvohion,  e-mailo copyright@aia. org. User Notes:  (2004252470)    Exhibit4  ii.to the govemnment, the District of Columbia, oral territory for liquidated damagesas  provided in the contract.  Bys signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized: alien within the State ofA Alabama. Furthermore.ac contracting party found to be in violation of this provision shallbe deemed in breach of the agreement and: shall be responsible fora all damages resulting therefrom.  PAGE 23 PAGE24  N/A  N/A N/A  Proposal Letter dated December21.2022 to Matt Murphy.PE  Matthew. Murphy.PE, County Engineer  Clayton M. Wilks, Principal Architect  Additions and Deletions Report for AIAI Document B101-"-2017. Copyrighte 1974, 1978, 1987, 1997, 2007 and 2017 by TheA American Institute ofArchitects. All rights reserved. The 'American Institute ofArchitecis," AIA, the AIAI Logo, and" "AIA Contract Documenfs" are registered traderarks andn may not be used 6 without permission This documenty wasp produced byAIAs software at 132059ETonupa2023: under Order No.21143959541 which expires on01/02/2024, isnot forresale, isli licensedforone time usec only, andmay only! beusedina accordance witht theA AIAContract! Documents"T Terms ofService. Tompateprgnivolations,  e-mail copyright@ala org. User Notes:  (2004252470)    Exhibit4  Certification of Document's Authenticity AIAP Document D401"--2003  1,Clayton M. Wilks, hereby certify, to the best ofr myl knowledge, information and belief, that I created the attached final document simultaneously with its associated. Additions and Deletions Report and this certification at 13:20:59 ET on 01/04/2023 under Order No. 2114395954 from AIA Contract Documents software and that inj preparing the attached final document Imade no changes to the original text of AIA Document BIOITM 2017, Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions and  deletions shown in the associated Additions and Deletions Report.  7, w-lA  (Signed) Chg (Tite)  FRINCIPAL ARCHITECT  1-7-Z023 (Dated)  AIAD Document D401"-2003. Copyright 01 1992 and 2003 by The American Institute ofArchitects. Allrights reserved. The American Institute ofArchitecis." "AIA, theA AIAI Logo, and; "AIA Contrac!! Documents" areregistered trademarks and may not beu used without permission This document was produced by AIA 1 software at1 132059ETenouow023: under Order No.2114395954 which expires on01/02/2024, is notf forr resale, isl licensed forc one- -time use only, andr may only be used ina accordances witht theA AIA Contract Documents" Terms of Service. Toreporto copyright violations, e-mail copyright@aia.org  User Notes:  (2004252470)    Exhibit 4  State of Alabama County of Dale  CERTIFICATE OF COMPLIANCE WITH THE BEASON-HAMMON ALABAMA TAXPAYER AND  CITIZEN PROTECTION ACT/ACT2011-535, as amended by Act 2012-491)  DATE: 1/4/2023  RE: Contrae/OmmuIncentive (describe by number as. subject): Office Addition fort thel Dale County Road and Bridge Maintenance Shop by and between  Poly, Inc.  (Contractor/Grante) and (State Agency, Department or Public Entity)  Dale County Road and Bridge  The undersigned hereby certifies to the State of Alabama as follows:  The undersigned holds the position of Chairman of the Board with the Contractor/Grante: named above, and is authorized to provide representations set out in this Certificate as the official and binding act of that entity, and has knowledge oft the provisions OfTHE BEASON-HAMMON ALABAMA TAXPAYER. AND CITIZEN PROTECTION ACT (ACT 2011-535 ofthe Alabama Legislature, as amended by Act 2012-491) whichi is described herein as "the Act". 2. Using the following definitions from Section 3 of the Act, select andi initial either (a) or(b), below, to BUSINESS ENTITY. Any person or group of persons employing one or more persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not for profit. "Business entity" shall include, but  describe the Contractor/Grantee'sl business structure.  not limited to the following:  Self-employed individuals, business entities filing articles ofincorporation, partnerships, limited partnerships, limited liability companies, foreign corporations, foreign limited partnerships, foreign limited liability companies authorized to transact business in this state, business trusts, and any business entity that registers with the Secretary of State. b. Any business entity that possesses a business license, permit, certificate, approval, registration, charter, or similar form of authorization issued by the state, any business entity that is exempt by law from obtaining such a business license, and any business EMPLOYER. Any person, firm, corporation, partnership, joint stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of employment, or ofany employee, including any person or entity employing any person for hire within the State of Alabama, including a public employer. This term shall not include the occupant ofal household contracting with another person to perform casual domestic labor within  entity that is operating unlawfully without a business license.  the household.    Exhibit4  Va) The Contractor/Grantee isal business entity or employer as those terms are defined in Section  30 oft the Act. Section 3 of the Act.  The Contractor/Orantee is not al business entity or employer as those terms are defined in  3. Asoft the date oft this Certificate, Contractor/Grante: does not knowingly employ an unauthorized alien within the State of Alabama and hereafter it will not knowingly employ, hire for employment, or 4. Contractor/Grante: is enrolled in E-verify unless it is not eligible to enroll because oft the rules ofthat  continue to employ an unauthorized alien within the State of Alabama;  program or other factors beyond its control. Certified this 4th day of January  2023  Poly, Inc.  rCAECMN n ogpt C.GlemrMorgan, Chgirmah ofthe Board  I  By: Its 23 20  The above Certification was signed in my presence by the person whose name appears above, on  4th this  day of January  Wtafi  WITNESS:,  Kenneth L. Sanders, Secretary  Printed Name of Witness  2    Exhibit 5  Work Request Form  Dale County Road & Bridge Department  Government Entity: Date Requested: Requested by: Project Location: Description of Work:  Level Plains 12/19/2022 Stanly Gatlin Various Road Patching pot holes  Road and Bridge Reimbursement Options:  X  1. 100% by the requesting entity  2. 50% General Fund 150% requesting entity 3. 100% by the General Fund  Commission Meeting Date: 1/10/2023  Approved (Y/N):  NOTE: Responsible party will bei invoiced the actual county cost for labor,  equipment use and materials. Equipment use cost is based on Blue Book rates.    Exhibit 6  LAYLOR GENERATOR  LAYLOR) Taylor Power Systems 947 Industrial Park Drive Clinton, MS 39056 (601) 922-4444  PARTS, SERVICE, REPAIR&RENTAL  Taylor Sudden: Service 5640 Commercel Blvd. East Mobile, AL: 36619 (251) 443-8402  STANDBY GENERATOR INDUSTRIAL MAINTENANCE  SERVICE AGREEMENT 12/14/2022  Service Info: Mr. Cajun Evans Dale County Commission Multiple Locations Ozark, AL 36360  Billing Address: Dale County Commission 202 South Hwy 123 Ste. C Ozark, AL 36360 Customer #: 16508000 Phone#: 334-445-6799  Email: Gungameassontalss  Agreement Period: January 1, 2023 to December 31, 2023 II. Services: One Year Annual Agreement (Two visits per year)  One Basic Annual Service - see attached equipment list. One Follow Up 41-Point Inspection --see attached equipment list. TG100 Serial Number: TP 30712 (124 Adam Street, Ozark, AL, Sheriff's Office) One Basic Annual Service at $630.00--perform in. January 2023 One Follow Up 41-Point Inspection at $230.00--perform in July 2023 GENERAC 65521, Serial Number: 3000699057 (124 Adam Street, Ozark, AL Girls and One Basic Annual Service at $400.00--perform in January 2023 One Follow Up 41-Point Inspection at $225.00--perform in July 2023 TG150 Serial Number: TP 32245 (202 S Hwy 123, Ozark, AL. Jail) One Basic Annual Service at $730.00--perform in January 2023 One Follow Up 41-Point Inspection at $230.00-perform in July 2023 MEP-1070A(60KW, Serial Number: H190623596 (583 Bivens Drive, Ozark, Al pistol One Basic Annual Service at $600.00--perform in January 2023 One Follow Up 41-Point Inspection at $230.00--perform in July 2023  III. Equipment:  Boys Club)  range)  IV. Payment Terms:  Taking Care of Our Customers is PRIORITY ONE!    Exhibitt  LAYLOR GENERATOR  LAYLOR) Taylor Power Systems 947 Industrial Park Drive Clinton, MS 39056 (601) 922-4444  PARTS, SERVICE, REPAIRERENTAL  Taylor Sudden Service 5640 Commerce Blvd. East Mobile, AL 36619 (251) 443-8402  You will bei invoiced as each service is performed. Payment is net following receipt of invoice. No sales or use taxes are included in the pricing and will be added as applicable. Your Signature activates this service and must be received by the agreement start date. Pricing is good for 30 days. No service will be scheduled until a signed agreement is received. You may mail to 5640 Commerce Blvd. East Mobile, AL: 36619, fax to  Please do not send payment; you will be invoiced.  V. Activation of Agreement:  251-443-9569 or email to mdettetawobigredcom VI. Taylor Sudden Service Disclaimer:  Taylor Sudden Service may or may not be the manufacturer of the equipment to which this Service/Preventative Maintenance Agreement applies. This Agreement does not modify or extend any manufacturer's originally issued warranty. Regularlyscheduled service or preventative maintenance is necessary to extend the life of the equipment to which this agreement applies and make it more likely that the standby/prime power unit will provide power when needed; however, Taylor Sudden Service is neither an insurer nor guarantor of the equipment or the customersproduct for which power is to be provided. INCIDENTAL AND CONSEQUENTIAL DAMAGES OCCURING AS A RESULT OF THE FAILURE OF THE EQUIPMENT IS EXPRESSLY DISCLAIMED AND THE SOLE LIABILITYC OF TAYLOR POWER SYSTEMS FOR ANY WORK PERFORMED UNDER THIS AGREEMENT IS  LIMITED TO THE INVOICE AMOUNT OF THE AGREEMENT. VII. Taylor Agreement Price: $2,675.00 + applicable taxes  For questions on when your: services will be performed or questions about service work that was done, contact the Inside. Service Sales Supervisor that handles your agreement:  Samuel Dunn 251-443-8402  Accepted Brsh S  Date: 0110-83  Printed Name:  SAS Chatmn  Prepared For: Dale County Commission Prepared By: Michael Dueitt Inside PM: Sales Rep.  Taylor Sudden Service - Generators  3750 Halls Mill Road, Mobile, AL 36693  Phone: 251-443-8402 Fax: 251-443-9569  Taking Care of Our Customers is PRIORITY ONE!    Exhibit 7  Commercial Coating, LLC  POI Box 942 Slocomb, Alabama 36375 Phone: 334-886-2526 Cell: 334-726-7228 E-Mail: mepaint8o@yaho.com Project: Dale County Jail Showers  Scope of Work: durability.  All: areas tol be cleaned with tspt to remove all mildew, soap residue, and misc contaminates painted. Caulk all corners and all pans as needed. Paint with two coats of  off of surface to be  MacrdEpoxy 6461 for maximum  It was noted that there was 10 showers total. Each: shower will be 700.00.  1200-6    Exhibit 7  Maintenance and Repair for outside lights monthly charge from Alabama Power.  $5,500 annually.    Exhibit 8  OTAR-DALEL COUMTESTLINE  119W.ReymoidsSireet- e P.0.Box988. Ozarf,AL36360 13341445-944e.2. 13341445-9445Fax- paulasimmons@ozarkdale911.org  Paula Simmons Director  January 4, 2023 Chairman Steve Mckinnon Dale County Commission 202 S Highway 123 Suite C Ozark, AL: 36360 Dear Chairman,  Myr records indicate that ChiefDeputy Mason Bynum's appointment to the Ozark- Dale County E-911 Board ofDirectors will expire on January 7, 2023. Please send  a letter to my office once the appointment has been confirmed.  Paula Simmons BA    Exhibit9  CITYOFOZARK REGRAS  January 10, 2023 Dale County/Commission 202 Highway 123 Ozark, AL 36360 Dear Commissioners:  EXECUTIVE DEPARTMENT  In an effort to support the economic development ofl Dale County and aid our local farmers the City of Ozark has been working on a project to builda very costly. We are requesting a donation from the Dale County Commission project and ultimately have aj positive impact on the financial well-being of  permanent structure for ai farmers market on land int the amount of $25,000. This donation will  275N. Union Avenue Post Office) Box 1987 Ozark, Alabama 36361 Telephone: 334-774-3300 FAX: 334-445-1317 mayor@ozarkal.goy  downtown Ozark. Dale County farmers. Sincerely,  procured by the City in assist greatly  Unfortunately, a project of this magnitude is proving to be  the City with this  MAYOR Mark Blankenship CITYCLERKI PERSONNELOFFICER Denise Strickland FIMANCIALOFFICER Chris Peters COUNCILMEMBERS Leah Harlow Les Perault Winston. Jackson Brenda Simechak Stanley Enfinger  wh  Mark Blankenship Mayor ofOzark MB/hc    Exhibit 10  EMS FUNDS  October December, 2022 DISTRIBUTION  ARITON DALEVILLE ECHO LEVEL PLAINS MARLEY MILLS OZARK EMS SOD DALE EMS  $ $ $ $ $ $ $  2,517.25 10,079.35 8,634.17 1,500.00 644.54 12,586.24 11,000.38 $46,961.93    Exhibit 10  s  w