CORA  ss  Dale County Commission  Commission Meeting Minutes- November 8, 2022  The Dale County Commission convened in a regular session Tuesday, November 8, 2022. The following members were present: Chairman Steve McKinnon; District One Commissioner Chris Carroll; District Two Commissioner Donald O. Grantham; District Three Commissioner Charles W. Gary; and District Four Commissioner Frankie Wilson. Chairman McKinnon called the meeting to order at 10:00am. Commissioner Grantham opened with the Pledge of Allegiance. Commissioner Wilson followed with prayer.  APPROVED - AGENDA  Commissioner Gary made a motion to approve the agenda with the following addition:  FY2 23 Budget Amendment.  ARPA Funds = Road & Bridge office addition - $600,000. Appointment to Southeast Regional Planning Commission.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED = MEMORANDUM OF WARRANTS  Commissioner Carroll made a motion to approve the following Memorandum of Warrants:  Accounts Payable Check Numbers 94599-94745. Payroll Check Numbers: 154863 = 154866. Direct Deposit Check Numbers: 422755-423011.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes November 8, 2022  Page2of4  APPROVED - MINUTES  Commissioner Gary made a motion to approve the Minutes of the Commission Meeting  of October 25, 2022.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - PERSONNEL - NEW HIRES  Commissioner Carroll made a motion to approve the following:  Jacklyn Trutt - Maintenance - Custodian - Full-time Shawna M. Miller = Jail- Correction Officer- Part-time  Jonathan Welch - Jail - APOST Certified Transport/Correction Officer-Full-time  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - TRAVEL REQUEST  Commissioner Gary made a motion to approve the following:  Jonathan Webb and Jeffery Prater = Nov 16- - 17, 2022 - Corrections Officer Jail Training Steve Brown - Nov 6-8, 2022-1 Homicide Investigation - Oxford, AL - $224.28  - Prattville, AL $652.96 (for both)  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED -A ASSET TRANSFER - SHERIFF AND ROAD & BRIDGE Asset # 2414 - 2015 Chev Tahoe = 1GNSK2EC8FR667301 -1 from R&B to Sheriff Asset # 2018-2015 Ford F150 - 1FTEWIE86FFC54505 - from Sheriff to R&B  Commissioner Grantham made a motion to approve the following asset transfer:  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - ASSET SURPLUS-REAPPRABAL  Commissioner Carroll made a motion to approve the surplus of the following asset.  Asset #: 3773-2011 Chevrolet Silverado - 3SCPCREA1B612515-1 Reappraisal.  Commissioner Grantham seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - November 8, 2022  Page3of4  APPROVED ARPA FUNDS -JAIL RENOVATION  Commissioner Gary made a motion to approve the architect agreement and any budget adjustments for the Jail renovation and any budget adjustments. See Exhibit 1. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED -A ARPA FUNDS - ROAD & BRIDGE EQUIPMENT  Commissioner Grantham made a motion to approve the expenditure of ARPA funds and any budget adjustments for two (2) graders for the Road & Bridge department. See Exhibit 2.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED -L LETTER OF SUPPORT - CITY OF LEVEL PLAINS  Commissioner Carroll made a motion to approve a letter of support, no County funding, for  the City of Level Plains. See Exhibit 3.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED -CAPITAL FUNDS - ELEVATOR REPAIR  Commissioner Grantham made a motion to approve the capital expenditure and any budget  adjustments, Fund 116, for elevator repair. See Exhibit 4.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APROVED - DALE COUNTY FARM-CITY SPONSORSHIP  Commissioner Carroll made a motion to approve the sponsorship, $500, for Dale County  Farm-City.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED- - DALE COUNTY FARM-CITY WEEK PROCLAMATION  Commissioner Grantham made a motion to approve a proclamation for Dale County Commissioner Gary seconded the motion, all voted aye. Motion carried.  Farm-City Week - 2022. See Exhibit 5.    Dale County Commission  Commission Meeting Minutes - November 8, 2022  Page 4of4  APPROVED BUDGET AMENDMENT  Commissioner Gary made a motion to approve a budget amendment for FY23. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  See Exhibit 6.  APPROVED- ARPA FUNDS - ROAD & BRIDGE  Commissioner Carroll made a motion to approve an expenditure from the ARPA funds,  $600,000, for an office addition to the Road & Bridge shop.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED- - BOARD APPOINTMENT - SE PLANNING COMMISSION  Commissioner Gary made a motion to approve a board appointment for the Southeast Planning Commission. Commissioner Wilson is to replace Commissioner Gary for the  remainder of the term the ends September, 2024.  Commissioner Carroll 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 Wednesday, November 16, 2022 at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Grantham made a motion to adjourn the meeting. Commissioner Carroll  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.  Wr SAA  Steve McKinnon, Chairman    Ehibit 1  RESOLUTION FOR LLOCATION OF AMERICAN RESCUE PLAN ACT FUNDS  DESIGNATED AS REVENUE REPLACEMENT FOR RENOVATIONS TO THE COUNTY JAIL  WHEREAS, Dale County, Alabama (the' "County") has received American Rescue Plan Acti fiscal recovery funds ("ARPA funds") and is charged with ensuring that such funds are expended in accordance  with state andi federal law; and  WHEREAS, under the Final Rule published by the United States Department of Treasury dated January 6, 2022, the County has the option to designate a standard allowance of up to $10,000,000 ofi its ARPA funds, not to exceed the County's total ARPA funds award, as revenue replacement ("Revenue  Replacement funds"); and  WHEREAS, the Final Rule provides that the designation of this standard allowance is aone-time, irrevocable election that must be made fort the period of performance of the ARPA funds award; and  WHEREAS, the County has duly made this election; and  WHEREAS, the County may expend designated Revenue Replacement funds for government WHEREAS, the recognizes the need for upgrades to mechanical systems, toi include plumbing, WHEREAS, the County has determined that this project, is a necessary, reasonable, and WHEREAS, consistent with the resolution dated July 5, 2022, the County Commission selected WHEREAS, the County has negotiated thet terms and conditions of a contract, including a WHEREAS, the Commission desires to move forward with this project and enter into an agreement with PH&J Architects, toj perform architectural and engineering services for the project att the County Jail.  services; and  sewage, and ventilation, att the County Jail; and  proportionate measure to facilitate the provision of these government services; and PH&J Architects, as the vendor with whom to enter into negotiations; and  reasonable fee structure; and  NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION as follows:  1) 2) hereto as Amendment 1. 3)  The County hereby allocates upi to $106,500 of ARPAI funds, designated as Revenue The Commission hereby resolves to enter into the contract with PH&J Architects attached The County Administrator is hereby authorized to expend these funds as described herein  Replacement funds to cover the cost of design services related tot the renovations to the County, Jail.  from the designated vendor to facilitate the provision oft these services.    Exhibit 1  4) The ARPA Program Director is charged with ensuring that Revenue Replacement funds allocated and expended toj provide these government services will not be used in such a way as toi frustrate COVID-19 mitigation guidance issued by the Centers for Disease Control, or for any other use prohibited by  the Final Rule or any applicable state or federal law.  5)  Expenditure of these funds, as authorized by this Resolution, shall be contingent ont the  continued appropriation and availability of ARPA Revenue Replacement funds for this purpose andi in no event shall be used for any expenses not obligated by December 31, 2024, and expended by December IN WITNESS WHEREOF, the Dale County Commission has caused this Resolution tol be executed ini its  31,2026.  name and on its behalf byi its Chairman on the 8th day of November, 2022.  Sh S Chairman, Dale County Commission    Exhibit 1  Document  AIA  B101 -2017  Standard Form of Agreement Between Owner and Architect  AGREEMENT made as oft the 25th. day ofOctober in the year 2022 (In words, indicate day, month andj year.) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) Dale County Commission 202 Highway 123 South, Suite C Ozark, AL: 36360 andt the Architect: PH&J Architects, Inc. 807 S. McDonough Street Montgomery, AL: 36104 for the following Project: (Name, location and detailed description)  ADDITIONS ANDI DELETIONS: The author oft this document has addedi information needed fori its completion. The author may also have revised the text oft the original AIA: standard form. An Additions and Deletions Reportt that notes added. information as well as revisions to the standard form texti is available from the author ands shouldb be reviewed. A vertical line int the left margin oft this documenti indicates wheret the author has added necessary information and where the author has addedt to or deleted from the original AIAt text. This document has important legal consequences. Consultation with an attorney is encouraged with respect toit its completion orr modification.  (Name, legal status, address and other information)  Mechanical Upgrades at the County Jail for Dale County Commission  2222GV  The Owner and Architect agree as follows.  AIAI Document B101- - 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and: 20175 by TheA American! Institute ofA Architects. Allr rights reserved. The American Init. Institute ofA Architects," "AIA, the AIAI Logo, and" "AIA Contract Documents" arer registered trademarks andr may not be used without permission. This document 1 was produced by AIA software at1 10:54:38 ETC on 11/01/2022 under Order No.21142828971 which expires ono 01/24/2023, is not forr resale, is licensed foro one-time I use only, and may only beu usedi ina accordance witht theA AIA Contract Documents* Terms ofs Service. Tor reporto copyright violations, e-mail copyright@aiaorg.  User Notes:  (3B9ADA40)    TABLE OF ARTICLES INITIAL INFORMATION ARCHITECT'S RESPONSIBILITIES SCOPE OF ARCHITECT'S BASIC SERVICES SUPPLEMENTAL AND ADDITIONAL SERVICES OWNER'S RESPONSIBILITIES COST OF1 THE WORK COPYRIGHTS ANDI LICENSES CLAIMS ANDI DISPUTES TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE1 INITIAL INFORMATION ofexecution." )  $1.1This Agreement is based on the Initial Information set forthi in this Section 1.1.  (Foreach item in this section, insert the information or a. statement. such as "not applicable"or "unknown at time (Insert the Owner's program, identify documentation that establishes the Owner's program, ors state the manner in Mechanical upgrades to the existing. jail facility including, but not limited to ventilation throughout thej jail, sewage problems, getting smoke evacuation systems online, domestic hot water problems with tankless water system and (Identify or describe pertinent information about the Project' 's physical characteristics, such as size; location; dimensions; geotechnical. reports; site boundaries; topographic surveys; traffic and utility studies; availability, of  $1.1.1 The Owner's program fort the Project: which the program will be developed.)  roof leaks, leaks at ventilation vents/hoods and plumbing vent stacks  $1.1.2Thel Project's physical characteristics:  public and private utilities and: services; legal description oft the site, etc.) $1.1.3 The Owner's budget fort the Cost oft the Work, as defined in Section 6.1:  N/A  (Provide total and, ifknown, al line item breakdown.)  The tentative cost for construction is One Million Five Hundred" Thousand Dollars ($1,500,000.00).  $1.1.4The Owner's anticipated design and construction milestone dates:  Init. AIAI Document B101 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and2 2017 by The American! Institute ofA Architects. Allri rights reserved. The "American Institute ofA Architects," "AIA," the AIAI Logo, and." "AIA Contract Documents" arer registered trademarks and may not be used without permission. This document produced by AIAS software at1 11:01:21 ETon1 11/01/2022 under Order No.2114282897 which expires on 01/24/2023, is not forr resale, is licensed for one-time use only, and may only beu usedi in accordance with the AIA Contract Documentse Terms of Service. Tor report copyright violations, e-mail copyright@aliaorg.  was I User Notes:  2  (3B9ADA31)    .1 Design phase milestone dates, ifany: .2 Construction commencement date: 3 Substantial Completion date or dates: .4 Other milestone dates:  TBD TBD TBD  This project must proceed such that all costs, includingchange orders, are obligated prior tol December 31,  2024, and are expended by the County by December 31,2 2026.  $1.1.5The Owner intends the following procurement and delivery method for thel Project: track design and construction, multiple bid packages, or phased construction.)  (Identify method: such as competitive bid or negotiated contract, as well as any requirements, for accelerated: orj fast- Competitive bidding by qualified bidders in accordance with Statel Bid Law, Title 39: and Code of Alabama Section  39-2-2(3)(g)  $1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner 's Sustainable Objective for the Project, ifany.)  No anticipated sustainable objectives  $1.1.6.1 Ifthe Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204TM-2017, Sustainable Projects Exhibit, intot this Agreement to define the terms, conditions and services related tot the Owner's Sustainable Objective. IfE204-20171 isi incorporated' into this agreement, the Owner and Architect shall incorporate the completed E204-2017: into the agreements with the consultants and contractors  performing services or Worki in any way associated with the Sustainable Objective. $1.1.7 The Owner identifies the following representative in accordance with Section 5.3:  (List name, address, and other contact information.)  Chairman, Steve McKinnon 202 S. Highway 123, Suite C Ozark, AL 36360  $1.1.8 Thej persons or entities, in addition tot the Owner's representative, who are required to review. the Architect's  submittals to the Owner are as follows: (List name, address, and other contact information.)  $1.1.9 The Owner: shall retain thet following consultants and contractors: (List name, legal status, address, and other contact information.)  .1 Geotechnical Engineer:  Init. AIAI Document B101" 2017. Copyright 01 1974, 1978, 1987, 1997. 2007 and 2017 by The American Institute ofA Architects. Allr rights reserved. The" American Institute of/ Architects," "AIA, the AIAL Logo, and" "AIA Contract Documents" are registered trademarks andr may not be usedy without permission, This document 3 was produced by AIAS software at 10:54:38 ETC on 11/01/2022 under Order No.2114282897 which expires on 01/24/2023, isn notf for resale, is licensed for one-time use only, andr may only beu usedi ina accordance witht the AIA Contract Documentse Terms ofs Service. Tor report copyright violations, e-mail copyright@aia.0 org.  I  User Notes:  (3B9ADA40)    N/A  2 Civil Engineer: N/A  3 Other, ifany:  (List any other consultants and contractors retained by the Owner.)  $1.1.10 The Architect identifies the following representative in accordance with Section 2.3:  (List name, address, and other contact information.) Patrick Addison, Project Architect 807: S. McDonough Street Montgomery, AL3 36104  $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: N/A  2 Mechanical Engineer: Zgouvas, Eiring & Associates 800 S. McDonough Street Montgomery, AL: 36104. 3 Electrical Engineer: Gunn & Associates 31021 Highway 14 Millbrook, AL: 36054  AIAI Document B101- - 2017. Copyright O 1974, 1978, 1987, 1997, 2007 and 20171 by The American! Institute ofA Architects.. Allr rights reserved. The" American Init. Institute ofA Architects," "AIA," the AIAL Logo, and" "AIA Contract Documents" are registered trademarks andr may not beu usedy without permission. This document 4 was produced by AIA software at1 10:54:38E ET on1 11/01/2022 under Order No.2114282897 whiche expires on 01/24/2023, is notf for resale, is licensed forc one-time use only, and may only be usedi ina accordance witht the AIA Contract Documentse Terms ofs Service. Toreporto copyright violations, e-mail copyright@aiaorg  I  User Notes:  (3B9ADA40).    $1.1.412Consultants: retained under Supplemental Services: $1.1.12 Other Initial Information on which the Agreement is based:  N/A N/A  $1.2The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that thel Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, andt the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost ofthe Work and the Owner's anticipated design and construction milestones, as $1.31 The parties shall agree upon protocols governing thet transmission and use of] Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, $1.3.1 Any use of, or reliance on, all or ap portion ofa building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203TM-2013, Building Information Modeling and] Digital Data Exhibit, and ther requisite AIA Document G2027M-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party andi its contractors or consultants, the authors of, or contributors to, the building information model, and each oftheir agents and employees. $2.11 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services tol be performed by appropriately licensed design professionals. $2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing ini the same or similar locality under thes same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of $2.3 The Architect shall identify ar representative authorized to act on behalf of the Architect with respect tot the $2.4E Except with the Owner'sl knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional $2.5 The Architect shall maintain the followingi insurance until termination ofthis Agreement. Ifany ofthe requirements set forth below are in addition tot the types and limits the Architect normally maintains, the Owner $2.5.1 Commercial General Liability with policy limits of not less than one million ($ 1,000,000.00 ) for each occurrence and two million ($:2,000,000.00 )in the aggregate for bodily injury and property damage. $2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits ofr not less than one million ($ 1,000,000.00 ) per accident for bodily injury, death ofany person, and property damage arising out oft the ownership, maintenance and use oft those motor vehicles, along with any other $2.5.31 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobilel Liability through a combination of primary and excess or umbrella liability insurance, provided such Init. AIAI Document B101 2017. Copyright 01 1974. 1978, 1987, 1997, 2007 and2 2017 by TheA American! Institute ofA Architects. Allr rights reserved. The" "American Institute of Architects," "AIA, theA AIAL Logo, and "AIA. Contract Documents" arer registered trademarks andr may not! beu usedv without permission. This document 5 was produced by AIAS software at 10:54:38 ETC on1 11/01/20221 under Order No.2 2114282897 which expires on 01/24/2023, isr notf forr resale, is licensed for one-time useo only, and may only beu usedi in accordance witht the AIA Contract Documents* Terms of Service. Tor report copyrighty violations, e-mail copyright@aia.org  necessary, to accommodate material changes in the Initial Information.  and exchange of digital data.  ARTICLE2 ARCHITECT'S RESPONSIBILITIES  the! Project. Project.  judgment with respect to this Project.  shall pay the Architect as set forth in Section 11.9.  statutorily required automobile coverage.  I  User Notes:  (3B9ADA40)    primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying  limits only through the actual payment byt the underlying insurers. $2.5.4Workers' Compensation at statutory limits.  $2.5.5E Employers' Liability with policy limits not lesst than one million ($ 1,000,000.00 )each accident, one million ($ 1,000,000.00 )each employee, and one million ($ 1,000,000.00 )policy limit. $2.5.61 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits ofnot less than one million ($ 1,000,000.00 )per claim and three million. (S $2.5.7 Additional 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 ori inj part by the Architect's negligent acts or omissions." The additional insured coverage shall be primary and non-contributory to any oft the Owner's insurance policies and's shall $2.5.8The 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 $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 tot the Owner. $3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, ands 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 to the Owner ifthe Architect becomes aware ofa any error, omission, or inconsistency $3.1.3 As soon as practicable after the date ofthis Agreement, the Architect shall submit for the Owner's approval a schedule for the performance oft the Architect's services. The schedule initially shalli include anticipated dates for the commencement of construction and for Substantial Completion oft the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required: for the Owner's review, for the performance of the 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's approval, the Architect shall adjust the schedule, ifnecessary, as the $3.1.4The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance $3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements $3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the: approval of governmental. authorities having. jurisdiction over the Project.  3,000,000.00 )in the aggregate.  apply to both ongoing and completed operations. requirements in this Section 2.5.  ARTICLE3 SCOPE OF ARCHITECT'S BASIC SERVICES  or Additional Services.  in such services ori information.  Project proceeds until the commencement of construction.  ofnon-conforming Work, made or given without the Architect's written approval.  imposed by those authorities and entities.  Init. AIAI Document B101 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and: 2017 by The American Institute of Architects. Allr rights reserved. The "American Institute of Architects," "AIA," the AIAL Logo, and" "AIA Contract Documents" arer registered trademarks andr may not be used without permission. This document 6 wasp produced by AIAS software at1 10:54:38 ETC on 11/01/20221 under Order No.2114282897 which expires on 01/24/2023, isr notf forr resale, is licensed foro one-time I use only, andr may only be usedi in accordance with the AIA Contract Documents Terms of Service. Tor report copyright violations, e-mail copyright@aia. org.  User Notes:  (3B9ADA40)    $3.2Schematic Design Phase Services  $3.2.1The Architect shall review the program and otheri information furnished by the Owner, and shall review laws, $3.2.2 The. Architect shall prepare aj preliminary evaluation oft the Owner's program, schedule, budget for the Cost ofthe) Work, Project site, the proposed procurement and delivery method, and other Initial Information, eachi in terms of the other, to ascertain the requirements oft thel Project. The Architect shall notify the Owner of(I)any inconsistencies discovered in the information, and (2) other information or consulting services that may be $3.2.3The Architect shall present its preliminary evaluation to the Owner ands shall discuss with the Owner alternative approaches to design and construction ofthe Project. The Architect shall reach an understanding with the $3.2.41 Based ont the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner's approval, aj preliminary design illustrating thes scale and relationship oft the Project components. $3.2.5 Based ont the Owner's approval oft the preliminary design, the. Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, ifappropriate, and preliminary building plans, sections and elevations; and may include some combination ofs study models, perspective sketches, or digital representations. Preliminary selections ofmajor building systems and construction materials shall be noted on the drawings or described in writing. $3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based onj program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost oft the Work. The Owner may obtain more $3.2.5.2 The Architect shall consider the value ofa alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent $3.2.6 The Architect shall submit tot the Owner an estimate oft the Cost oft the Work prepared in accordance with $3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's  codes, and regulations applicable tot the. Architect's services.  reasonably needed for the Project.  Owner regarding ther requirements ofthel Project.  advanced sustainable design services as a Supplemental Service under Section 4.1.1. with the Owner's program, schedule, and budget for the Cost oft the Work.  Section 6.3. approval.  53.3Design Development! Phase Services  $3.3.1) Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget fort the Cost ofthe Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shalli illustrate and describe the development oft the approved! Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe thes size and character ofthe Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. Thel Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. $3.3.2 The Architect shall update the estimate oft the Cost of the Work prepared in accordance with Section 6.3. $3.3.3 The Architect shall submit the Design. Development Documents to the Owner, advise the Owner of any $3.4.1 Based on the Owner's approval ofthel Design Development Documents, and ont the Owner's authorization of any adjustments in the Project requirements andt the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner'sa approval. The Construction Documents shall illustrate and describe the Init. AIAI Document B101" - 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017 by TheA American Institute ofA Architects. Allr rightsr reserved. The "American Institute of Architects," ""AIA," the AIAL Logo, and" "AIA Contract Documents" arer registered trademarks andi mayr not be usedy withoutp permission. This document 7 wasp produced! by AIA software at1 10:54:38 ETC on 11/01/2022 under Order No.2 2114282897 which expires on 01/24/2023, is notf forr resale, is licensedf for one-time use only, andr may only beu used ina accordance witht the AIA Contract Documentse Terms of Service. Tor report copyright violations, e-mail copyright@aia.org.  adjustments to the estimate ofthe Cost of the Work, and request the Owner's approval.  $34Construction! Documents Phase Services  User Notes:  (3B9ADA40)    further development oft the approved Design) Development Documents and shall consist ofl Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction ofthe. Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. $3.4.2The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over $3.4.3 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 of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions oft the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile aj project manual that includes the Conditions oft the Contract for Construction and Specifications, and $3.4.4 The Architect shall update the estimate for the Cost oft the Work prepared in accordance with Section 6.3. $3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner ofany adjustments to the estimate of the Cost oft the Work, take any action required under Section 6.5, and request the Owner's  thel Project into the Construction Documents.  may include bidding requirements and sample forms.  approval. $3.5 Procurement Phase Services $3.5.1 General  The Architect shall assist the Owner in establishing a list of! prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owneri in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness oft bids or proposals; (3) determining thes successful bid $3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.  or proposal, ifany; and, (4) awarding and preparing contracts for construction.  $3.5.2 Competitive Bidding  $3.5.2.2 The Architect shall assist the Owner in bidding the Project by:  1 facilitating the distribution ofl Bidding Documents toj prospective bidders; Z organizing and conducting aj pre-bid conference for prospective bidders; 3 preparing responses to questions from prospective bidders and providing clarifications and interpretations oft the Bidding Documents to the prospective bidders in the form of addenda; and, organizing and conducting the opening oft thel bids, and subsequently documenting and distributing the  bidding results, as directed by the Owner.  $3.5.2.31 Ifthe Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests fors substitutions and prepare and distribute addenda identifying approved $3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.  substitutions to all prospective bidders. $3.5.3 Negotiated Proposals  $3.5.3.2 The. Architect shall assist the Owner in obtaining proposals by:  1 facilitating the distribution of Proposal Documents for distribution toj prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing andj participating in selection interviews with prospective contractors; 3 preparing responses to questions from prospective contractors and providing clarifications and interpretations. of thel Proposal Documents to the prospective contractors in the form of addenda; and, participating in negotiations with prospective contractors, and subsequently preparing a summary  report of the negotiation results, as directed by the Owner.  Init. AIAI Document! B101- 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute ofA Architects. Allr rights reserved. The" American Institute ofA Architects," "AIA, the AIAL Logo, and" "AIA Contract Documents" arer registered trademarks andr may not be usedy without permission. This document 8 was produced by AIAS software at1 10:54:38 ET on1 11/01/2022 under Order No.2114282897 whiche expires on 01/24/2023, is not forr resale, is licensedf for one-time use only, andr mays only beu usedi ina accordance witht the AIA Contract Documentse Terms of Service. Tor reporto copyrighty violations, e-mail copyright@ala.org  User Notes:  (3B9ADA40)    $3.5.3.31 Ifthel 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  substitutions to all prospective contractors. 53.6Construction! Phase Services $3.6.1 General  $3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201TML-2017, General Conditions oft the Contract for Construction. Ifthe Owner and Contractor modify AIA Document. A201-2017, those modifications shall not affect the Architect's services $3.6.1.2The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalfoft the Owner only to the extent provided in this Agreement. The Architect shall notl have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with ther requirements of the Contract Documents. The Architect shall be responsible for the. Architect's negligent acts or omissions, buts shall not have control over or charge of, ands shall not be responsible for, acts or omissions of the Contractor or ofany other $3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date $3.6.2.1 The Architect shall visit the site ati intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, tol become generally familiar with thep progress and quality oft the portion ofthe Work completed, and to determine, in general, ifthe Work observed is being performed in ar manner indicating that the Work, when fully completed, willl bei in accordance with the Contract Documents. However, the Architect shall not be required tor make exhaustive or continuous on-site inspections to check the quality or quantity of the' Work. On the basis oft the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion oft the Work completed, and promptly report to the Owner (1)known deviations from the Contract Documents, (2) known deviations from ther most recent construction schedule submitted by the Contractor, and (3) $3.6.2.2 The Architect has the authority to reject Work that does not conform tot the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing oft the Work in accordance with thej provisions oft the Contract Documents, whether or not the Worki is fabricated, installed or completed. However, neither this authority oft the Architect nor: a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility oft the Architect tot the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of $3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any timel limits agreed upon or otherwise with reasonable promptness. $3.6.2.4 Interpretations and decisions oft the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and's shall not be liable for results ofi interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the $3.6.2.5 Unless the Owner and Contractor designate another person tos serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the Init. AIAI Document B101 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and2 2017 by The American! Institute ofA Architects. Allrights reserved. The." "American Institute of Architects," "AIA," the AIAL Logo, and" "AIA Contract Documents" arer registeredt trademarks andr may not be used without permission. This document 9 was produced! by AIAS software at1 10:54:38E ET on1 11/01/2022 under Order! No.2114282897 which expires on 01/24/2023, isr not forr resale, is licensed for one-time I use only, andr may only beu usedi ina accordance witht the AIA Contract Documentss Terms of Service. Tor report copyrightv violations, e-mail copyright@aia. org.  under this Agreement unless the Owner and the Architect amend this Agreement.  persons or entities performing portions oft the Work. the Architect issues the final Certificate for Payment.  $3.6.2Evaluations. of thel Work  defects and deficiencies observed in the Work.  the Work.  Contract Documents.  Owner and Contractor as provided in the Contract Documents.  User Notes:  (3B9ADA40).    $3.6.3 Certificates for Payment to Contractor  $3.6.3.11 The Architect shall review and certify the amounts duet the Contractor and shall issue certificates in: such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation oft the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to thel best oft the Architect's knowledge, information and belief, the Work has progressed tot the point indicated, the quality oft the Work is in accordance with the Contract Documents, andt thatt the Contractor is entitled to payment in 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 subsequent tests andi inspections, (3) correction oft minor deviations from the Contract Documents prior to $3.6.3.2' Thei issuance ofa Certificate for Payment shall not be: a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity oft the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner tos substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of $3.6.3.3 The Architect shall maintain a record oft the Applications and Certificates for Payment.  completion, and (4) specific qualifications expressed by the Architect.  the Contract Sum.: $3.6.4 Submittals  $3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval oft thes schedule. The Architect's: action ini reviewing submittals shall be taken in accordance witht the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. $3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data: and! Samples, but only fort the limited purpose of checking for conformance withi information given and the design concept expressed in the Contract Documents. Review ofs such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's approval ofa specific item shall not indicate approval of an assembly of $3.6.4.3Ifthe Contract Documents specifically require the Contractor toj provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that suchs services must satisfy. The Architect shall review andt take appropriate action on Shop Drawings and other submittals related tot the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional'ss seal and signature when submitted tot the Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed inj the Contract Documents. The Architect shall be entitled to rely upon, and shall notl be responsible for, the adequacy and accuracy oft the services, certifications, and approvals $3.6.4.4: Subject to Section 4.2, the Architect shall review and respond to requests fori information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests fori information. Requests fori information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature oft the clarification requested. The Architect's response to such requests shalll be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. Ifappropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in $3.6.4.5 The Architect shall maintain a record ofs submittals and copies of submittals supplied by the Contractor in  which thei item is a component.  performed or provided by such design professionals.  response to the requests for information.  accordance with ther requirements ofthe Contract Documents.  Init. AIA Document B101- 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and2 2017 by The American Institute ofA Architects. Allr rights reserved. The American Institute of Architects," "AIA, the AIAL Logo, and "AIA Contract Documents" arer registered trademarks andr may not be usedy without permission. This document 10 was produced! by AIAS software at1 10:54:38E ET on 11/01/2022 under Order No.2114282897 which expires on 01/24/2023, is notf for resale, is licensed for one-time use only, andr may only be usedi in accordance witht the AIA Contract Documents Terms of Service. Tor reporto copyright violations, e-mail copyright@aia.org.  I  User Notes:  (3B9ADA40)    $3.6.5 Changes int the Work  $3.6.5.1The Architect may order minor changes in the Work that are consistent with thei intent oft the Contract Documents and do not involve an adjustmenti int the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's  approval and execution in accordance with the Contract Documents. $3.6.5.21 The Architect shall maintain records relative to changes in the Work.  $3.6.6P Project Completion $3.6.6.1 The Architect: shall:  1 conduct inspections to determine the date or dates of Substantial Completion and the date offinal 3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, tot the best of the Architect's knowledge, information, and belief, the Work complies with the requirements oft the  completion;  2 issue Certificates of Substantial Completion;  Contract Documents.  $3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance oft the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of thel list submitted by the $3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount tol be retained from the Contract Sum, if $3.6.6.4The Architect shall forward tot the Owner the followingi information received from the Contractor: (I) consent ofs surety or sureties, ifany, to reduction in or partial release ofretainage or ther making of final payment; (2) affidavits, receipts, releases and waivers ofliens, or bondsi indemnifying the Owner against liens; and (3) any other $3.6.6.5U Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct ar meeting with the Owner to review the facility  Contractor of Work tol be completed or corrected. any, for final completion or correction ofthe. Work.  documentation required oft the Contractor under the Contract Documents.  operations and performance. $4.1 Supplemental Services  ARTICLE4 SUPPLEMENTAL AND ADDITIONAL SERVICES  $4.1.1Thes services listed below are not included in Basic Services but may be required fort the Project. The Architect shall providet the listed Supplemental Services only ifspecifically designated in thet table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, ifneither the Owner nor the Architect is designated, the parties (Designate the Architect's Supplemental. Services andi the Owner's Supplemental Services required. for the Project byi indicating whether the Architect or Owner shall be responsible. for providing the identified: Supplemental Service. Insert a description oft the Supplemental. Services in Section 4.1.2 below or attach the description of services as an  agree that thel listed Supplemental Service is not being provided for the Project.  exhibit to this Agreement.) Supplemental Services $4.1.1.1 Programming $4.1.1.2 Multiple preliminary designs $4.1.1.3 Measured drawings $4.1.1.4 Existing facilities surveys $4.1.1.5 Site evaluation and planning  Responsibility (Architect, Owner, or not provided) Architect to: assist Owner in development N/A N/A  Init. AIAI Document B101 2017. Copyright e 1974, 1978, 1987, 1997, 2007 and2 2017 byl The American Institute ofA Architects. Allr rights reserved. The American Institute of Architects," "AIA," the AIAL Logo, and" "AIA Contract Documents" arer registered trademarks andr may notb be usedv without permission. This document 11 was produced by AIAS software at1 10:54:38 ET on 11/01/2022 under Order No.2114282897 which expires on 01/24/2023, is notf for resale, isli licensed for one-time use only, andi may only! be usedi ina accordance witht theA AIA Contract Documentse Terms ofs Service. Tor report copyright violations, e-mail copyright@aia. org.  1  User Notes:  (3B9ADA40)    $4.1.1.6 Building Information Model management $4.1.1.7 Development of Building Information Models for  N/A N/A N/A N/A  responsibilities post construction use $4.1.1.8 Civil engineering $4.1.1.9 Landscape design $4.1.1.10 Architectural interior design $4.1.1.11 Value analysis in Section 6.3  $4.1.1.12 Detailed cost estimating beyond that required $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 $4.1.1.17 Post-occupancy evaluation $4.1.1.18 Facility support services $4.1.1.19 Tenant-related: services $4.1.1.20 Architect's coordination of the Owner's $4.1.1.21 Telecommuniscationsdaa design $4.1.1.22 Security evaluation and planning $4.1.1.23 Commissioning $4.1.1.24 Sustainable Project Services pursuant to Section $4.1.1.25 Fast-track design services $4.1.1.26 Multiple bid packages $4.1.1.27 Historic preservation  N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A  consultants  4.1.3  $4.1.1.28 Furniture, furnishings, and equipment design $4.1.1.29 Other services provided by specialty Consultants $4.1.1.30 Other Supplemental Services $4.1.2 Description of Supplemental Services  $4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is (Describe in detail the Architect' 's Supplemental. Services identified in Section 4.1.10 or, ifset forth in an exhibit, identify the exhibit. The AIA publishes ai number of Standard Form of Architect' 's Services documents that can be  provided below.  included as an exhibit to describe the Architect's. Supplemental. Services.)  See Attachment A provided below. identify the exhibit.) See Attachment A  $4.1.2.2. A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is (Describe in detail the Owner 's Supplemental Services identified in Section 4.1.1 or, ifset forth in an exhibit,  $4.1.31 Ifthe Owner identified a Sustainable Objectivei in. Article 1, the Architect shall provide, asa Supplemental Service, the Sustainability Services required in AIA Document E204TM-2017, Sustainable Projects Exhibit, attached Init. AIAI Document B101- 2017. Copyright e 1974, 1978, 1987, 1997, 2007 and: 2017 by The American Institute ofA Architects. Allr rights reserved. The "American Institute of Architects." "AIA," the AIA Logo, and" AIA Contract Documents" arer registered trademarks and may not be used without permission. This document 12 was produced by AIA software at1 10:54:38E ET on1 11/01/2022 under Order No.2114282897 whiche expires ond 01/24/2023, is notf forr resale, is licensed for one-time use only, andr may only be used ina accordances witht the AIA Contract Documentse Terms ofs Service. Ton reporto copyright violations, e-mail copyright@aiaorg  to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2.  User Notes:  (3B9ADA40)    $4.2A Architect's Additional Services  The Architect may provide Additional Services after execution oft this Agreement without invalidating the Agreement. Except for services required duet tot the fault of the Architect, any Additional Services providedi in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and: an 54.2.1 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: . Services necessitated by a changei int the Initial Information, previous instructions or approvals given by the Owner, or a material change in thel Project including size, quality, complexity, the Owner's schedule or budget for Cost ofthe Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, 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 tos specific interpretations by the applicable authorities having. jurisdiction made prior to the issuance oft the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part oft the Owner or the Owner's consultants or contractors; Preparing digital models or other design documentation for transmission to the Owner's consultants Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; 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 thel Initial Decision Maker, ifother than the Architect.  appropriate adjustment in the Architect's schedule.  editing previously prepared Instruments of Service;  prepared in accordance with the applicable standard of care; and contractors, or to other Owner-authorized recipients;  the Architect is party thereto;  or,  $4.2.21 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances. giving rise tot the need. If, upon receipt ofthe Architect's notice, the Owner determines that all or parts oft the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for thes services provided prior to the Architect's receipt oft the Owner's notice.  Reviewing a Contractor's submittal out ofs 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 ofthe Contract Documents, field conditions, other Owner-provided information, Contractor-prepared: coordination drawings, or prior Project correspondence or documentation; Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; Evaluating an extensive: number of Claims as the Initial Decision) Maker; or, Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to  Architect;  Instruments of Service resulting therefrom.  $4.2.3The. Architect shall provide Construction Phase Services exceeding thel limits set forth below as Additional 1 Two (2 )reviews of each Shop Drawing, Product Data item, sample and similar submittals of the  Services. When the limits below are reached, the Architect shall notify the Owner:  Contractor  .2 Thirty Two (32 )visits tot the sitel by the Architect during construction  based on eight (8) months of construction.  Init. AIAI Document B101 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and: 2017 by The American Institute ofA Architects. Allr rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and" "AIA Contract Documents" arer registered trademarks and may not be usedy without permission. This document produced! byA AIAS software at1 10:54:38 ETC on1 11/01/2022 under Order No.2114282897 which expires on 01/24/2023, isr notf forr resale, isl licensed for one-time used only, andr may only beu used ina accordance witht theA AIA Contract Documentse Terms of Service. Tor reporto copyright violations, e-mail copyright@aiaorg.  was User Notes:  13  (3B9ADA40)    3 Two (2 )inspections for any portion ofthe Work to determine whether such portion oft the Work is substantially complete in accordance with ther requirements oft the Contract Documents .4 Two (2 )inspections for any portion ofthe Work to determine final completion.  $4.2.41 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) thei initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services tot the extent the Architect incurs $4.2.5 Ift thes services covered by this Agreement have not been completed within forty eight (48 )months oft the date oft this Agreement, through no fault oft the Architect, extension ofthe Architect'sservices: beyond that time shall $5.11 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for andl limitations on the Project, including a written program, which shall set forth the Owner's s objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; $5.2 The Owner shall establish the Owner's budget for thel Project, including (1) the budget for the Cost oft the Work: as defined in Section 6.1;(2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration oft thel Project until final completion. Ifthe Owner significantly increases or decreases the Owner's budget for the Cost ofthe Work, the Owner shall notify. the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in $5.3The Owner shall identify ai representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in at timely manner in order to avoid $5.41 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for thes site oft thel Project, anda a written legal description oft the site. The surveys and legal information shall include, as applicable, grades and lines ofs 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 concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a $5.51 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations ofs soil bearing values, percolation tests, evaluations ofH hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with $5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. $5.71 Ifthe Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204TM-2017, Sustainable Projects Exhibit, attached to this Agreement. $5.81 The Owner shall coordinate thes services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of thes scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated ast the responsibility oft the Architect in this Agreement, or authorize the Architect toi furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope ofthel Project. The Owner shall require that its consultants and contractors maintain insurance, including  additional cost inj providing those Construction Phase Services.  be compensated as Additional Services. ARTICLE5 OWNER'S RESPONSIBILITIES  expandability; special equipment; systems; and site requirements.  thel Project'ss scope and quality.  unreasonable delay in the orderly and sequential progress of the Architect's services.  Project benchmark.  written reports and appropriate recommendations.  professional liability insurance, as appropriate to the services or work provided.  Init. AIAI Document B101 2017. Copyright 01 1974,1 1978, 1987, 1997, 2007 and 2017 by] The American! Institute of Architects. All rights reserved. The American Institute ofA Architects," "AIA," the AIAI Logo, and "AIA Contract Documents" are registered trademarks andr may not bet used without permission. This document produced by AIAS software at1 10:54:38 ETC on1 11/01/20221 under Order No.2114282897 which expires on0 01/24/2023, is notf forr resale, isl licensed for one-time use only, andr may only be used ina accordance witht the AIA Contract Documentse Terms of Service. Toreporto copyright violations, e-mail copyright@aia. org.  was I User Notes:  14  (3B9ADA40)    $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, andt tests for hazardous materials. $5.10T The Owner shall furnish all legal, insurance and accounting: services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs andi interests. $5.11 The Owner shall provide prompt written notice to the Architect ift the Owner becomes aware ofany fault or defect in thel Project, including errors, omissions ori inconsistencies in the Architect's Instruments of Service. $5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's: services or professional responsibilities. The Owner shall promptly notify the Architect oft the: substance ofany direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the. Architect. $5.131 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.. The Owner shall provide the Architect a copy oft the executed agreement between the Owner and Contractor, $5.14The Owner shall provide the Architect access to the Project site prior to commencement of the Work ands shall obligate the Contractor to provide the Architect access tot the Work whereveri it isi in preparation or progress. $5.15 Within 15 days after receipt ofa 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 For purposes ofthis Agreement, the Cost ofthe Work shall be thet total cost to the Owner to construct all elements oft thel Project designed or specified by the Architect and shalli include contractors' general conditions costs, overhead and profit. The Cost ofthe Work alsoi includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost ofthe Work does not include the compensation of the Architect; the çosts of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs $6.21 The Owner's budget for the Cost oft the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5.1 Evaluations oft the Owner's budget for the Cost of the Work, and the preliminary estimate oft the Cost oft the Work and updated estimates oft the Cost of the Work, prepared by the Architect, represent the Architect's)udgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost oft the Work, or from any estimate ofthe Cost oft the Work, or evaluation, prepared or agreed to $6.3 Inj preparing estimates oft the Cost of Work, the Architect shall be permitted toi include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to bei included in the Contract Documents; to recommendi reasonable adjustments in the program and scope oft thel Project; and toi include design alternates as may be necessary to adjust the estimated Cost ofthe Work to meet the Owner's budget. The Architect's estimate oft the Cost ofthe Work shall be based on current area, volume or similar conceptual estimating techniques. Ifthe Owner requires a detailed estimate oft the Cost of the Work, the Architect shall provide such an estimate, ifidentified as the. Architect's responsibility in Section 4.1.1, as $6.41 If, through no fault of the Architect, thel Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents tot the Owner, the Owner's budget for the Cost oft the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.  including the General Conditions of the Contract for Construction.  ARTICLE6 COST OF THE WORK  that are the responsibility of the Owner.  by the Architect.  a Supplemental Service.  Init. AIAI Document B101 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 20175 by The/ American! Institute ofA Architects. Allr rights reserved. The American Institute ofA Architects,"AlA,"the/ AIAI Logo, and" "AIA Contract Documents" are registered trademarks: andi may not be usedv without permission. This document produced by AIAS software at1 10:54:38E ETC on1 11/01/20221 under Order No.2114282897 whiche expires ono 01/24/2023, isr notf for resale, is licensed for one-time use only, andr may only! beu usedi in accordancer witht the AIA Contract Documents Terms of Service. Tor reporto copyright violations, e-mail copyright@aia.org  was I User Notes:  15  (3B9ADA40)    $6.5Ifat any time the Architect's estimate oft the Cost oft the Work exceeds the Owner's budget for the Cost oft the Work, the Architect shall make appropriate recommendations tot the Owner to adjust the Project's size, quality, or budget for the Cost oft the Work, andt the Owner shall cooperate witht the Architect in making such adjustments. $6.61 Ifthe Owner's budget for the Cost oft the Work at the conclusion of the Construction' Documents Phase Services is exceeded by thel lowest bona fide bid or negotiated proposal, the Owner shall give written approval ofa an increase in the budget for the Cost of the Work; 2 authorize rebidding or renegotiating oft thel Project within ar reasonable. time;  3 terminate in accordance with Section 9.5; the Cost ofthe Work; or,  4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce  implement any other mutually acceptable alternative.  $6.7Ifthe Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost oft the Work att the conclusion oft the 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's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit oft the Architect's responsibility $7.17 The Architect and the Owner warrant that in transmitting Instruments of Service, or any otheri information, the transmitting party is the copyright owner ofs such information or has permission from the copyright owner to $7.2 The Architect and the Architect's consultants shall be deemed the authors and owners oftheir respective Instruments of Service, including the Drawings and Specifications, and: shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution ofl Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is nott to be construed as publication $7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding toi the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment ofall sums due pursuant to Article 9: and Article 11. The. Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, ands suppliers, as well as the Owner's consultants ands separate contractors, to reproduce applicable portions oft the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use inj 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 $7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of thel Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect andi its consultants from all costs and expenses, including the cost of defense, related to claims and causes ofaction asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of thel Instruments of Service under this Section 7.3.1. The terms ofthis Section 7.3.1 shall not apply ifthe Owner $7.41 Except fort the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement oft the Architect. Any unauthorized use ofthe AIAI Document B101 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and2 2017 by The American Institute of Architects. Allr rights reserved. The American Init. Institute of Architects," "AIA, the AIAL Logo, and" "AIA Contract Documents" are registeredt trademarks andi may not! be used without permission. This document 16 was produced by AIAS software at1 10:54:38 ETC on 11/01/2022 under Order No.2114282897 which expires ono 01/24/2023, isr not for resale, is licensed for one-time use only, andr may only beu usedi ina accordance witht the/ AIA Contract Documentse Terms ofs Service. Ton reporto copyright violations, e-mail copyright@aiaorg  under this Article 6.  ARTICLE7 COPYRIGHTS ANDI LICENSES transmit such information for its use on the Project.  in derogation oft the reserved rights of the Architect and the Architect's consultants.  Section" 7.3: shall terminate.  rightfully terminates this Agreement for cause under Section 9.4.  I  User Notes:  (3B9ADA40)    Instruments of Service shall be att the Owner's: sole risk and without liability to the Architect and the Architect's $7.5Except as otherwise statedi in Section 7.3, the provisions of this Article 7 shall survive the termination ofthis  consultants. Agreement. $8.1General  ARTICLE8 CLAIMS ANDI DISPUTES  $8.1.1The Owner and Architect shall commence all claims and causes of action against the other and arising out of ort related to this Agreement, whether in contract, tort, or otherwise, in accordance with ther requirements oft the binding dispute resolution method selectedi int this Agreement and within the period specified by applicable law, but in any case not more than 10; years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes ofa action not commenced in accordance with this Section 8.1.1. $8.1.2Tot the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of suchi insurance as set forth in AIA1 Document A201-2017, General Conditions oft the Contract for Construction. The Owner or the Architect, as appropriate, shall require oft the contractors, consultants, agents, and employees ofany ofthem, similar waivers in favor oft the other parties $8.1.3The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party'stermination. oft this Agreement, except as specifically provided in Section 9.7. $8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. Ifsuch matter relates to ori is the subject ofal lien arising out ofthe Architect's services, the Architect may proceed in accordance with applicable law to comply with thel lien notice or filing deadlines prior to resolution oft the matter by mediation or by binding dispute resolution. $8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other mattersi in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration. Association in accordance withi its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The: request may be made concurrently with the filing of ac complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement oft the parties or court order. Ifan arbitration proceeding is stayed pursuant tot this section, the parties may nonetheless proceed to the selection oft the arbitrator(s) $8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall $8.2.4Ifthe! parties dor not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding  enumerated herein.  $8.21 Mediation  and agree upon as schedule for later proceedings.  bee enforceable as settlement agreements in any court havingj jurisdiction thereof.  dispute resolution shall be the following: (Check the appropriate box.)  [x1 Arbitration pursuant to Section 8.3 ofthis Agreement [1 Litigation in a court of competent jurisdiction  Other: (Specif)  Init. AIA Document B101 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and: 20171 by TheA American! Institute ofA Architects. Allr rights reserved. The" "American Institute ofA Architects," "AIA," the/ AIA Logo, and" "AIA Contract Documents" are registered trademarks andr may not be usedv without permission. This document 17 was produced byA AIA software at1 10:54:38 ET on1 11/01/2022 under Order No.2114282897 whiche expires on 01/24/2023, isr notf forr resale, is licensedf for one-time use only, and may only be usedi ina accordance witht theA AIA Contract Documentse Terms of Service. Tor report copyright violations, e-mail copyrightgaaorge  User Notes:  (3B9ADA40)    Ifthe Owner and Architect do not select ar method of binding dispute resolution, or do not subsequently: agree in writing to a binding dispute resolution method other than litigation, the dispute willl be resolved in a court of $8.3.11 Ift the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matteri in question arising out of or related tot this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless thep parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect ont the date ofthis Agreement. A demand for arbitration shall be madei in writing, delivered tot the other party to this $8.3.1.1 A demand for arbitration shall ber made no earlier than concurrently with the filing ofa request for mediation, but in no event shall it be made after the date when thei institution ofl legal or equitable proceedings based on the claim, dispute or other matter in question would bel barred by the applicable statute ofl limitations. For statute oflimitations purposes, receipt ofa written demand for arbitration by the person or entity administering the arbitration shall constitute the institution ofl legal or equitable proceedings based ont the claim, dispute or other $8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law: $8.3.3 The award rendered by the arbitrator(s): shall be final, andj judgment may be entered upon iti in: accordance $8.3.4.1 Either party, ati its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which iti isa aj party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). $8.3.4.2 Either party, at its sole discretion, may include byj joinder persons or entities substantially involved ina a common question ofl law or fact whose presence is required if complete reliefis to be accorded in arbitration, provided that the party sought to bej joined consents in writing to suchj 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 $8.3.4.3 The Owner and Architect grant to any person or entity made aj 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  competent, jurisdiction. 58.3Arbitration  Agreement, and filed with the person or entity administering the arbitration.  matter in question.  in any court having. jurisdiction thereof.  with applicable lawi in any court havingjurisdiction thereof.  $834Consolidation: or. Joinder  not described in the written consent. Architect under this Agreement.  $8.4 The provisions oft this Article 8 shall survive the termination of this Agreement.  ARTICLE9 TERMINATION OR SUSPENSION  $9.1Ifthe Owner failst 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 fors suspension ofperformance ofs services under this Agreement. Ifthe Architect elects tos suspend services, the Architect shall give seven days" written notice to the Owner before suspending services. Int the event ofa suspension ofservices, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior tos suspension and any expenses incurredi in the interruption and resumption of the Architect'ss services. The Architect's fees fort the $9.2Ifthe Owner suspends thel Project, the Architect shall be compensated fors services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurredi in the Init. AIAI Document B101 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and: 20175 by The American! Institute of Architects. Allr rights reserved. The" American Institute ofA Architects," "AIA," the AIAI Logo, and" AIA Contract Documents" arer registered trademarks andr may not be used without permission. This document 18 was produced by AIA software at 10:54:38 ET on1 11/01/2022 under Order No.2114282897 whiche expires ono 01/24/2023, isr notf forr resale, isl licensed for one-t -time I use only, and may only! be used in accordance witht the AIA Contract Documentss Terms ofs Service. Tor report copyright violations, e-mail copyright@aia. org.  remaining services and the time schedules shall be equitably adjusted.  User Notes:  (3B9ADA40)    interruption and resumption oft the Architect's services. The Architect's fees fort the remaining services andt the time $9.31 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 lesst than seven days' written notice. $9.41 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fails substantially to perform in accordance witht the terms ofthis Agreement through no fault ofthe party initiating $9.5 The Owner may terminate this Agreement upon not less than seven days" written notice tot the Architect for the $9.6 Ifthe Owner terminates this Agreement fori 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 priort to termination, Reimbursable Expenses incurred, and costs attributable tot termination, including the costs attributable $9.7 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 (Set forth below the amount of any termination or licensing, fee, or the methodj for determining any termination or  schedules shall be equitably adjusted.  the termination.  Owner's convenience and without cause.  tot the Architect's termination of consultant agreements.  the Architect the following fees: licensing.fee.)  Termination Fee: See Attachment. A See Attachment A Substantial Completion.  .2 Licensing Fee ifthe Owner intends to continue using the Architect's Instruments of Service:  $9.81 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of $9.91 The Owner's rights to use the Architect's Instruments of Service in the event ofa termination of this $10.1This Agreement shall be governed by thel law oft the place where thel Project is located, excluding that jurisdiction's choice of law rules. Ifthe parties have selected arbitration as the method oft binding dispute resolution, $10.21 Terms in this Agreement shall have the: same meaning as those in AIAI Document A201-2017, General $10.31 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives tot this Agreement. Neither the Owner nor the Architect shall assignt this Agreement without the written consent oft the other, except that the Owner may assign this Agreement to a lender providing financing for thel Project ifthel lender agrees to assume the Owner's rights and obligations under this Agreement, including any $10.41 Ifthe Owner requests the Architect to execute certificates, the proposed language ofs such certificates shall be submitted tot the Architect for review at least 14 days prior tot the requested dates of execution. Ifthe Owner requests the Architect to execute consents reasonably required toi 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  Agreement are set forth in Article 7 and Section 9.7. ARTICLE1 10 MISCELLANEOUS PROVISIONS thel Federal Arbitration Act shall govern Section 8.3. Conditions oft the Contract for Construction.  payments due tot the Architect by the Owner prior tot the assignment.  Init. AIAI Document B101 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and: 2017 by The American! Institute ofA Architects. Allr rights reserved. The American Institute of Architects," "AIA, the AIA Logo, and" "AIA Contract Documents" arer registered trademarks andr may not be usedy without permission. This document 19 wasp produced by AIAS software at1 10:54:38 ETC on1 11/01/2022 under Order No.2114282897 which expires ono 01/24/2023, is notf forr resale, is licensed forc one-time use only, andr may only beL used ina accordance witht the AIA Contract Documentse Terms of Service. Tor report copyright violations, e-mail copyright@aiaorg  User Notes:  (3B9ADA40)    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. $10.5) Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor $10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials ort toxic substances in any $10.7 The Architect shall havet thet right to include photographic or artistic representations. oft the design oft the Project among the Architect's promotional andp professional materials. The Architect shall be given reasonable access tot the completed Project to make: 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 of thes specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for thel Project. This Section 10.7 shall survive the termination ofthis Agreement unless the Owner terminates this Agreement for cause pursuant to Section $10.81 Ifthe Architect or Owner receives information specifically designated as confidential" or "business proprietary," ther 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 ofthis Agreement. $10.8.1 The receiving party may disclose confidential", or "business proprietary": 'information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent suchi information is reasonably necessary for the receiving party to defend itselfi in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order toj perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the $10.9T The invalidity of any provision oft the Agreement shall not invalidate the Agreement ori its remaining provisions. Ifiti is determined that any provision ofthe Agreement violates any law, ori 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 effectt to $11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as  of, at third party against either the Owner or Architect.  form at the Project site.  9.4.  disclosure and use of such information as set forth in this Section 10.8.  the parties" intentions and purposes in executing the Agreement.  ARTICLE11 COMPENSATION  follows:   Stipulated Sum (Insert amount) 2 Percentage Basis (Insert percentage value)  See Attachment DCM Schedule of Basic Fee Rates, Group III (7.1 )% oft the Owner's budget for the  Cost oft the Workas calculated in accordance with Section 11.6.  3 Other  (Describe the method of compensation)  Init. AIA Document B101 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 20171 by The American Institute ofA Architects. Allrights reserved. The "American Institute of Architects," "AIA, the AIAI Logo, and" "AIA Contract Documents" arer registered trademarks andr may not be usedy without permission. This document 20 was produced! byA AIA software at 10:54:38 ETC on1 11/01/2022 under Order No.2114282897 which expires on 01/24/2023, isr notf forr resale, is licensed for one-time I use only, andr may only be usedi ina accordances witht theA AIA Contract Documentse Terms ofs Service. Tor reporto copyright violations, e-mail copyright@aia.org  User Notes:  (3B9ADA40)    $11.21 For the Architect's! Supplemental Services designated in Section 4.1.1 and for any Sustainability Services (Insert amount of or basis) for, compensation. Ifnecessary, list specific. services to which particular methods of  required pursuant to! Section 4.1.3, the Owner shall compensate the Architect as follows:  compensation. apply.) See Attachment. A  $11.31 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)  See Attachment A  $11.4Compensation for Supplemental: and Additional Services oft the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced tot the Architect plus. percent( %), or as follows: (Insert amount of or basis for computing, Architect's consultants' compensation; for Supplemental or Additional  Services.) See Attachment A  $11.5When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of  compensation for each phase ofservices shalll be as follows:  Schematic Design Phase Design Development Phase Construction Documents Phase Procurement Phase Construction Phase Total Basic Compensation  fifteen percent ( twenty percent forty percent ( five percent ( twemty percent ( one hundred percent (  15 %) 20 %) 40 %) 5 %) 20 %) 100 %)  $11.6 When compensation identified in Section 11.1 is on aj percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner'smost recent budget for the Cost of the Work. Compensation paid inj previous progress payments shall not be adjusted $11.6.1 When compensation is on a percentage basis and any portions oft thel Project are deleted or otherwise not constructed, compensation for those portions of thel Project shall be payable tot the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all: services $11.71 Thel hourly billing rates for services of the Architect andt 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.  based on subsequent updates tot the Owner's! budget for the Cost oft the Work..  performed whether or not the Construction Phase is commenced.  (fapplicable, attach an exhibit of hourly billing rates or insert them below.)  See Attachment A  Employee or Category  Rate ($0.00)  $11.8 Compensation for Reimbursable Expenses  $11.8.1 Reimbursable Expenses arei in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the. Architect's consultants directly related to the Project, as  follows:  .1 Transportation and authorized out-of-town travel and subsistence;  Init. AIA Document B101- 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and: 2017 by The/ American Institute ofA Architects. Allr rights reserved. The American Institute ofA Architects," "AIA," the AIAL Logo, and" "AIA Contract Documents" arer registered trademarks andr may not be usedy without permission. This document 21 was produced! by AIA software at1 10:54:38 ETC on1 11/01/2022 under Order No.2114282897 which expires ond 01/24/2023, isn notf forr resale, is licensedf ford one-time I usec only, and may only beu usedi in accordance witht the AIA Contract Documents Terms of Service. Toreport copyrighty violations, e-mail copyright@aia.org.  User Notes:  (3B9ADA40)    .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, .3 Permitting and other fees required by authorities havingj jurisdiction over the Project;  and extranets;  Printing, reproductions, plots, and standard form documents; requested by the Owner or required fort thel Project;  5 Postage, handling, and delivery;  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 Ifrequired by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess oft that normally maintained' by 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 Allt taxes levied on professional services and on reimbursable expenses; necessary to achieve the Sustainable Objective; and, .12 Other similar Project-related expenditures.  $11.8.2F For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the $11.9A Architect's Insurance. Ifthe types and limits of coverage required in Section 2.5 arei in addition to the types andl limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by (Insert the additional coverages the Architect is required to obtain in order to. satisfy the requirements set forth in  Architect's consultants plus fifteen percent(15 %) oft the expenses incurred.  the Architect for the additional coverages as set forth below: Section 2.5, and for which the Owner, shall reimburse the Architect.)  N/A:  $11.10 Payments tot the Architect $11.10.1 Initial Payments  $11.10.1.1 An initial payment of zero ($0.00 )shall be made upon execution oft this Agreement and ist the minimum payment under this Agreement. It shall be credited tot the Owner's account in the final invoice. $11.10.1.2Ifa Sustainability Certification is part ofthe Sustainable Objective, an initial payment to the Architect of zero ($0.00 )shall be made upon execution ofthis Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. $11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly inj proportion to services performed. Payments are due and payable upon presentation oft the Architect's invoice. Amounts unpaid thirty (30 )days after the invoice date shall bear interest att the rate entered below, or in the absence thereof at the legal rate  $11.10.2 Progress Payments  prevailing from time tot time at the principal place ofbusiness oft the Architect. (Insert rate ofmonthly or annual interest agreed upon.)  6 %j per annum  $11.10.2.21 The Owner shall not withhold amounts from the Architect's compensation toi impose aj penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in al binding dispute resolution $11.10.2.3 Records of Reimbursable Expenses; expenses pertaining to Supplemental and Additional Services, and services performed ont the basis ofhourly rates shall be available tot the Owner at mutually convenient times.  proceeding.  Init. AIA Document B101 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and: 20175 by The American! Institute ofA Architects. Allr rights reserved. The "American Institute ofA Architects," "AIA,"the/ AIAL Logo, and" "AIA Contract Documents" arer registered trademarks: andr may not be used without permission. This document 22 was produced byA AIAS software at1 10:54:38 ETC on1 11/01/2022 under Order No.2114282897 whiche expires on 01/24/2023, is not forr resale, is licensedf for one-time use only, andr may only beu used in accordance witht theA AIA Contract Documentss Terms of Service. Tor reporto copyrighty violations, e-mail copyright@aia.org  I  User Notes:  (3B9ADA40).    ARTICLE 12 SPECIAL TERMS AND CONDITIONS  Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable tot this Agreement.)  See Attachment. A  ARTICLE13 SCOPE OF1 THE AGREEMENT  $13.1This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral." This Agreement may be  amended only by written instrument signed by both the Owner and. Architect. $13.2This Agreement is comprised oft the following documents identified below:  1 AIA Document B101TML-2017, Standard Form Agreement. Between Owner and Architect .2 AIA Document E203TM-2013, Building Information Modeling and] Digital Datal Exhibit, dated as  indicated below: See Attachment A 3 Exhibits:  (Insert the date oft the E203-2013 incorporated. into this agreement.)  (Check the appropriate box for anye exhibits incorporated into this Agreement.)  [1 AIA Document E204TM-2017, Sustainable Projects Exhibit, dated as indicated below:  (Insert the date ofthe E204-20171 incorporated into this agreement.) L1 Other Exhibits incorporated into this Agreement: identified as exhibits in Section 4.1.2.)  (Clearly identify any other exhibits incorporated. into this Agreement, including any exhibits ands scopes ofservices  4 Other documents:  (List other documents, ifany, forming part of the Agreement.) Attachment. A- Modifications tol BI01-2017 ARPA Award Terms and Conditions DCMI Fee Schedule Byrd Antil Lobbying Amendment Form PH&J E-Verify MOU PH&J Insurance  This Agreement entered into as oft the day and year first .75 (Signature) (Printed name and title) S4  (ARCHITECT (Signature)  huoas  HBR  Patrick Addicon, Vice President AL #4564 (Printed name, title, and license number, ifrequired)  AIAI Document B101- 2017. Copyright e 1974, 1978, 1987, 1997, 2007 and: 2017 by The/ American Institute of Architects. Allr rights reserved. The" "American Init. Institute ofA Architects," "AIA," the AIA Logo, and" "AIA Contract Documents" arer registered trademarks and may not be usedy without permission. This document 23 was produced! by AIAS software at1 10:54:38 ET on1 11/01/20221 under Order No.2114282897 which expires on 01/24/2023, is notf for resale, is licensed for one-time usec only, and may only beu usedi ina accordances witht the AIA Contract Documentse Terms of Service. Tor report copyright violations, e-mail copyright@aia.org.  I  User Notes:  (3B9ADA40)    ATTACHMENT. A  2022  MODIFICATIONSTO OA/AIA B101- 2017 EDITION  Dated October 25, 2022  12.1 Add to (or Modify) Article 1, INITIAL INFORMATION, as follows:  1.3 (Modify). Digital Protocol (delete the second sentence inj its entirety and insert the following): Email and FTP sites shall be an acceptable means of communication throughout the project. Text messages will not be considered an acceptable means of Drawings and specifications shall be transmitted in .PDF format. AutoCAD (.DWG), Excel (.XLSX), Word (.DOCX), etc. files that are used to create the drawings and specifications will remain the property of the Architect and will not be available.  communication.  Record drawings shall be transmitted in .PDF format. Submittals shall be transmitted in PDF format.  The site survey shall be transmitted to the Architect in DWG format.  Architectural base plans and border, title, seal, and extraneous information will be available to the contractor's: subcontractors tol help them in their preparation of Iti is not anticipated that a building information model will be created for this project. Ifthis should become a requirement, the contract shall be amended, the project schedule shall be adjusted, and the Architect's fee shall be adjusted. 1.3.1 (Delete) Building Model Information: Delete this paragraph in its entirety. 12.2 Add to (or Modify) Article 2, ARCHITECT'S RESFONSIBILITIES, as follows: 2.5.1 (Modify). Commercial General Liability: Insert ($1M) for each occurrence and  submittals.  ($2M) in the aggregate...  2.5.2 (Modify). Automobile Liability: Insert ($IM) per accident... 2.5.5 (Modify). Employers' Liability: Insert ($1M) each accident, ($1M) each 2.5.6 (Modify). Professional Liability: Insert ($IM) per claim and ($3M) in the  employee, and ($1M) policy limit.  aggregate.  Page 1 of8    ATTACHMENT. A  2022  12.3 Add to (orl Modify) Article 3, SCOPE OF ARCHITECT'S BASIC SERVICES, as  follows:  3.2.5.1 (Modify). Sustainable Design Alternatives: It is understood that the consideration of sustainable design alternatives is aj part oft the normal design effort and is not a study within itself. It is not quantified and does not necessarily take precedence over program function, aesthetics, budget, etc. which are all important 3.4.2 (Modify). Governmental Review: Design Requirements of Governmental Authorities will be incorporated into the construction documents only as they are 3.43(2)(Modify). Owner Contractor Agreement: Shall be AIA Document A101-2017 Edition Standard Form ofAgreement between Owner and Contractor where the basis 3.43(3)(Modify), General Conditions oft the Contract for Construction: Shall be AIA 3.5.1 (Modify). Construction Contract Delivery and Bidding and Negotiation Phase: The anticipated construction delivery process is a single lump sum construction contract, either negotiated or competitively bid. Should the Owner subsequently select another method, ori ifa Construction Manager, Program Manager or other Owner's agent is retained by the Owner, the Architect's fee shall be adjusted to accommodate the additional overhead. Consequently, an amendment to this contract will be prepared Bid documents will be distributed toj prospective bidders via website. All drawings, specifications, and addenda will be available for viewing on this website by bidders at no cost. Paper copies will be available to bidders at a cost to the bidders for printing, 3.6.1.2 (Modify) Construction Phase Services: In the last sentence, after the word 3.6.1.2 (Modify). Temporary Supports: Also, the Architect shall have no responsibility for temporary supports used by the contractor for the construction process. 3.6.1.3 (Modify) Construction Phase Services: Append to the end of the last sentence "ori ifearlier, 60 days after the date of substantial completion of the work". 3.6.1.4 (Add) Construction Phase Services: The Architect shall provide to the Contractor one copy of construction documents in .PDF format from which the contractor shall reproduce (at his cost) all paper or electronic copies necessary to meet contract requirements and to facilitate construction. This requirement will include any  considerations of design.  known at the time ofdocument publication.  of! payment is a stipulated sum.  Document A201-2017 Edition as referenced in 3.6.1.1.  and signed.  shipping and handling.  "contractor" and before the word "or", add "or owner".  sets (paper or electronic format) legally required for permitting.  Page 2 of8    ATTACHMENT, A  2022  3.6.2.1 (Modify) Evaluations ofthe Work: Last sentence item (3) shall read: "(3) known significant defects and deficiencies observed ini the work". 3.6.3.1 (Clarify) Certificate for Payment: As used herein, the word 'certify" shall mean an expression ofthe Architect's professional opinion to the best ofi its information, knowledge and belief, and does not constitute a warranty or guarantee by the 3.6.5.1 (Modify) Substitutions: The Architect will have authority to evaluate and approve substitutions made by the contractor pursuant toj procedures set forth in 3.6.6.2 (Modify) Architect's Inspections: The Architect's observations oft the work shall be conducted with the Owner to such an extent that the Owner is available to  Architect.  specification Section 0160.  participate in the inspection. SERVICES, as follows:  12.4 Add to (or Modify) Article 4, SUPPLEMENTAL AND ADDITIONAL  4.1.1.1 (Modify). Programming: It ist the Owner's responsibility toj provide the program 4.1.1.3 (Modify) Measured Drawings: The creation ofmeasured drawings associated with projects involving substantial renovation or alterations of existing facilities will be the responsibility of the Architect. Compensation for this service will be included 4.1.1.8 (Modify). Civil Engineering: Civil Engineering will be the responsibility oft the 4.1.1.10 Architectural Interior Design: Design and selection of finishes and colors will be the responsibility of the Architect with assistance from the Owner. This service will 4.1.1.13 (Add) Clerk-ol-the-Works: Ifa Clerk-of-the-Works is to be utilized on the project during the Construction phase, he will be employed directly by the Owner and will function under the Owner's direction and control as' "Owner's] Representative". All communication between such clerk and the Contractor will be issued through the Architect. The clerk'sa authority and duties will be communicated in writing to the While such a clerk may assist the Architect in his administration oft the contract, neither his employment, nor any act or undertaking on his part, shall create or extend any responsibility or obligation on behalfofthe Architect for safety precautions and programs in connection with the Work, or for failure oft the Contractor to carry out the  tot the Architect, but the Architect may assist ini the effort.  in an increase in the Basic Fee of25% as described in 12.11. Architect. This service will be included in the Basic Fee.  be included ini the Basic Fee.  Architect prior to his employment or assignment.  work properly.  Page 3 of8    ATTACHMENT A  2022  4.1.1.14 (Modify). Conformance Drawings: Ifrequired by the Owner, the Architect will incorporate into the construction documents addenda and changes subsequent to bidding. These construction documents will be used by the contractor as a convenience for construction of the work. The Architect's fee for this service will be 4.1.1.16 (Modify) Record Drawings: The duty to keep and prepare record drawings will be given to the Contractor via construction contract provisions. 4.1.2 (Modify) Description of Supplemental Services: Occurs under 4.1.1 4.2.1.12 (Add) Default of the Contractor: Services necessitated by the default ofthe 4.2.5 (Modify) Overall Services: The consideration of the overall services shall not negate the requirements identified in 4.2.3 and 4.2.4 construction phase services. 12.5 Add to (or modify) the following to Article 5, OWNER'S RESPONSIBILITE, as  as described in 11.2.  contractor.  follows:  5.13 (Modify). Contract for Consinucton/Agrement Between Owner and Contractor: Shall be AIA Document. A101-2017 Edition Standard Form ofA Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum. The accompanying General Conditions to this contract shall be. AIA Document A201-2017 Edition General Conditions of the Contract) for Construction. 5.16 (Add). Selection of Owner's Consultants: Any recommendation or other participation by the Architect ini the selection or employment by the Owner ofasoil engineering consultant, testing laboratory, insurance consultant, hazardous material consultant, or engineer who prepares surveys and topographic maps, shall not act to make the Architect responsible for the performance oft these individuals or entities. 5.17(Add) Rezoning and Replating: The Owner shall also be responsible for any 5.18 (Add) Insurance Counsel: The Owner agrees that he is responsible for the insurance provisions in the final construction documents, and that any draft prepared by the. Architect shall constitute only a convenient starting point for the final development of those provisions by the Owner's insurance adviser. 12.6 Add to (or Modify). Article 6, COST OF THE WORK, as follows:  necessary rezoning and replating.  6.1 (Modify). Sales Tax: IfSales Tax Savings Program is implemented by the Owner, the Construction cost employed to compute the Architect's fee shall include the amount of any sales or use. tax that would have been applicable had the job been bid in  the private sector.  Page 4 of8    ATTACHMENT. A  2022  6.1 ModityContingencies and Allowances: Contingencies are monies held by the Owner for unforeseen conditions that may occur during construction. Allowances are monies included in the construction contract that the Owner directs to be expended during construction. Both contingency and allowance monies will be included as part ofthe Cost oft the Work to the extent that they are paid for construction efforts, associated equipment, systems, etc., and the Architect has performed services to  incorporate these items.  6.7 (Modify). Cost Overrun: The second sentence shall read as follows: 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 oft the work due to 1) market conditions the Architect could not reasonably anticipate, or 2) the bid overrun is not greater than 10%, or 3) bids were received beyond 90 days after approval of final plans and specifications, the Owner shall compensate the. Architect for the modifications as an additional service pursuant to Section 11.3; otherwise, the Architect's services for modifying the construction documents shall be without  additional compensation.  12.7 Add to (or Modify) the following to. Article 7, COPYRIGHTS ANDI LICENSES, as  follows:  7.3 (Modify). Use ofl Instruments of Service: Use oft the Architect's instruments of service for altering and adding to the project shall be permitted only with written 7.6(Add) Reports and Studies: No third party shall be entitled to rely on any report, study, survey, as-built design, etc. generated by the Architect in connection with this contract, unless explicit written permission is granted otherwise by the Architect.  approval from the Architect.  12.8 Add to (or Modify) Article 8, CLAIMS AND DISPUTES, as follows:  8.1.4 (Add) Subrogation: The Owner agrees that he does and will waive his permanent property insurer's right of subrogation against the Architect on such policies as might The Owner further agrees that he will require in the Construction Documents provisions which will protect both the Architect and Owner from subrogation by the Contractor's insurers ofworkmen compensation, builders risk and comprehensive general liability. 8.1.5 (Add). Limitation ofLiability: Ini recognition of equitable division of risk and to the fullest extent permitted by law, the Owner agrees that any award for damages, regardless oft the cause, shall be no greater than the Architect's fees for service  exist now or be taken out in the future.  performed up to the time of a request for dispute resolution.  Page 5 of8    ATTACHMENT, A  2022  12.9 Add to (or Modify) the following to Article 9, TERMINATION or SUSPENSION,  as follows:  9.1.1 (Add) Timely Payment: Owner agrees to pay all invoices from Architect not in dispute within 30 days of receipt. The Owner further agrees to call the Architect's attention to any charge or portion thereof held to be in dispute within two weeks ofi its 9.1.2(Add). Other Parties: The Owner agrees toj protect the Architect from any claim by others arising out of the Architect's suspension of activity due to failure of timely 9.7.1 (Modify) Termination Fee: The termination fee will be determined at the time of 9.7.2( (Modify)! Licensing Fee: The licensing fee will be waived. The Owner will instead  receipt.  payment. termination.  provide the protections as described in 7.3.1.  12.10 Add to (orl Modify) Article 10, MISCELLANEOUS PROVISIONS, as follows:  10.3 (Modify)4 Assignments ofthis Agreement: Modify paragraph by deleting all words 10.10 (Add) Project Betterment: If, due to the Architect's error or omission, any required item or component of the project is omitted from the Architect's construction documents, the Architect shall not be responsible for paying the actual cost to add such item or component to the extent that such item or component would have been otherwise necessary for the project or otherwise adds value or betterment to the project. In no event will the Architect bei responsible for any costs or expense that provides betterment, 10.11 (Add). Exclusive Remedy: It is intended by the parties of this Agreement that the Architect's services in connection with the project shall not subject the Architect's individual employees, officers or directors to any personal legal exposure for the risks associated with this project. Therefore, and notwithstanding anything to the contrary contained herein, the Owner agrees that the Owner's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Architect, an Alabama corporation, and not against any of the Architect's employees, officers or  after "consent of the other."  upgrade or enhancement of the project.  directors.  12.11 Add to (or Modify) Article 11, COMPENSATION, as follows:  11.1.2] Fee Schedule: The Architect's fee forl Basic. Architectural Services shall be based  on the following fee schedule:  See Attachment DCM Schedule of Basic Fee Rates, Group III  Page 6 of8    ATTACHMENT A  2022  11.2 (Modify) Supplemental Services:  Hourly Rates: (Shall apply also to Paragraphs 11.3 and 11.7) Current Hourly Rates: The following is the Architects hourly rate schedule. When fees are: not based on aj percentage of the work, the hourly rates are employed:  Principal Architect Project Architect Intern Architect Interior Designer Cost Estimator Draftsman/CADD Designer Clerical Field Representative Specification Writer ITs system designer Design Engineers Draftsman/CADD Clerical Specification Writer Cost Estimator  $250.00 $190.00 $160.00 $160.00 $165.00 $145.00 $145.00 $140.00 $160.00 $155.00 $105.00 $225.00 $150.00 $100.00 $190.00 $185.00  Primary Consulting Engineers (CSMEP) $285.00  The Architect shall submit invoices, which reflect the actual hours worked, with The published rates are 2022 rates and are subject to change according to the  appropriate hourly rates. Architect's pay rate inflation.  11.3 (Modify). Compensation: See 11.2 Rates  11.4 (Modify) Compensation: For Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount  invoiced to the Architect plus 50%. 11.5 (Modify) Compensation for Basic Services: The phases shall be as follows: Schematic Design Phase Design Development Phase Construction Document Phase Procurement Phase Construction Phase Total Basic Compensation  15% 20% 40% 5% 20% 100%  Page 7of8    ATTACHMENT. A  2022  11.6 (Modify) Compensation: The last sentence shall read as follows: "Compensation paid in previous progress payments shall be adjusted based on subsequent updates to 11.6.1 (Modify). Alternates: Compensation for design of work not constructed shall  the Owner's budget for the cost of the work." also include Alternates prepared by the. Architect. 11.7 (Modify) Compensation: See 11.2 Rates  11.8.1.13 (Add). Reimbursable Expenses: The Owner will reimburse the Architect for the cost of the required publication of advertisement for bids for the project. 11.8.2 (Modify) Markup for Reimbursable Expenses: shall be 15%  11.10.1.1 (Modify) Initial Payment: There will not be an initial payment required for 11.10.2.1 (Modify). Payments to the Architect: Delete the requirement for monthly billing and payment. Architect's billing and payment shall be made inj proportion to the percentage ofservices performed as set forth under Paragraph 11.5. Billings may be made mid phase for the portion of services performed ofthat phase. Construction phase billing shall be billed in proportion to the percentage oft the construction  this project.  progress.  Payments are due and payable upon presentation oft the Architect's invoice. Amounts unpaid 30 days after the invoice date shall bear interest at the rate of 6%j per annum. In addition, the Architect shall be reimbursed for the cost (including reasonable  attorney's fees) for collection ofaccounts.  12.13 Add to (or Modify) Article 13, SCOPE OF THE AGREEMENT, as follows:  13.2.2 (Delete). AIA Document E203-2013: Delete the reference to this document, as it  is not provided for this project.  Page 8 of8    ARPA. AWARD TERMS AND CONDITIONS REVENUE REPLACEMENT FUNDS  Contractor agrees to comply with the requirements of section 603 oft the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) (the' "Act), regulations adopted by Treasury pursuant to section 603() of the Act, codified as 31 C.F.R. Part 35, and guidance issued by Treasury regarding the foregoing. Federal regulations which are applicable tot this contract include, without limitation, the following: 1. Portions oft the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2C.F.R. Part 200 as Treasury has determined are applicable to the use of Revenue Replacement Funds. Pursuant to guidance from Treasury, compliance specifically includes obligations under SS 200.203 to comply with the U.S. Constitution, federal statutes, regulations, and thet terms and conditions of the ARPA award and tot take prompt action in  instances of non-compliance.  2. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension Non-procurement, 2 C.F.R. Part 180, including the requirement toi include at term or condition in alll lower tier covered transactions (contracts and subcontracts described in 2C.F.R. Part 180, subpart B) that the award is subject to 2C.F.R. Part 80 and' Treasury's implementing regulation at 31 C.F.R. Part 19. 3. New Restrictions on Lobbying. Contractor must certify thati it will not, andi has not, used federal appropriated funds to any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress inc connection with obtaining anyf federal contract, grant, or any  other award covered by 31 U.S.C1 1352.  4. Generally applicable federal environmental laws and regulations. 5. Generally applicable anti-discrimination laws and regulations.    MANUAL OF PROCEDURES OF THE ALABAMA! DIMSION OF CONSTRUCTIONI MANAGEMENT August 2021  B. SCHEDULE OF BASIC FEE RATES  COST OF THE WORK Up to $100,000 100,001 to 200,000 200,001 to 300,000 300,001 to 400,000 400,001 to 500,000 500,001 to 600,000 600,001 to 700,000 700,001 to 800,000 800,001 to 900,000 900,001 to 1,000,000 1,000,001 to 1,250,000 1,250,001 to 1,500,000 1,500,001 to 1,750,000 1,750,001 to 2,000,000 2,000,001 to 2,500,000 2,500,001 to 3,000,000 3,000,001 to 3,500,000 3,500,001 to 4,000,000 4,000,001 to 5,000,000 5,000,001 to 6,000,000 6,000,001 to 8,000,000 8,000,001 to 10,000,000 10,000,001 to 12,000,000 12,000,001 to 14,000,000 14,000,001 to 16,000,000 16,000,001 to 18,000,000 18,000,001 to 20,000,000 20,000,001 to 22,000,000 22,000,001 to 24,000,000 24,000,001 to 27,000,000 27,000,001 to 30,000,000 30,000,001 to 33,000,000 33,000,001 to 36,000,000 36,000,001 to 39,000,000 39,000,001 to 42,000,000 42,000,001 to 46,000,000 46,000,001 to 50,000,000 50,000,001 to and over  FEE IN PERCENTAGE BUILDING GROUP II III 8.0 9.0 10.0 11.0 12.0 7.0 8.0 9.0 10.0 11.0 6.0 7.0 8.0 9.0 10.0 5.9 6.9 7.9 8.9 9.9 5.8 6.8 7.8 8.8 9.8 5.7 6.7 7.7 8.7 9.7 5.6 6.6 7.6 8.6 9.6 5.5 6.5 7.5 8.5 9.5 5.4 6.4 7.4 8.4 9.4 5.3 6.3 7.3 8.3 9.3 5.2 6.2 7.2 8.2 9.2 5.1 6.1 7.1 8.1 9.1 5.0 6.0 7.0 8.0 9.0 4.9 5.9 6.9 7.9 8.9 4.8 5.8 6.8 7.8 8.8 4.7 5.7 6.7 7.7 8.7 4.6 5.6 6.6 7.6 8.6 4.5 5.5 6.5 7.5 8.5 4.4. 5.4. 6.4 7.4 8.4 4.3 5.3 6.3 7.3 8.3 4.2 5.2 6.2 7.2 8.2 4.1 5.1 6.1 7.1 8.1 4.0 5.0 6.0 7.0 8.0 3.9 4.9 5.9 6.9 7.9 3.8 4.8 5.8 6.8 7.8 3.7 4.7 5.7 6.7 7.7 3.6 4.6 5.6 6.6 7.6 3.5 4.5 5.5 6.5 7.5 3.4 4.4 5.4 6.4 7.4 3.3 4.3 5.3 6.3 7.3 3.2 4.2 5.2 6.2 7.2 3.1 4.1 5.1 6.1 7.1 3.0 4.0 5.0 6.0 7.0 2.9 3.9 4.9 5.9 6.9 2.8 3.8 4.8 5.8 6.8 2.7 3.7 4.7 5.7 6.7 2.6 3.6 4.6 5.6 6.6 2.5 3.5 4.5 5.5 6.5  IV V  + 25% for Major Renovation  Page 4S-2  ADJUSTMENT FOR MAJOR RENOVATION  Ani increase of up to 25% in the Basic Fee Rate willl be allowed for major renovation projects. This adjustment is intended to provide compensation to the design professional for the added effort required to investigate and develop drawings of existing conditions and other additional work required for renovation. A project is considered a major renovation ifr more than 50% of the construction cost involves renovations and alterations. The application of this adjustment is negotiable and must be stipulated in the agreement to be effective. The presence and accuracy of" "as-built" drawings of the existing conditions that can be provided by the Awarding Authority/Owner tot the design professional may minimize or eliminate the need for this adjustment. In general, exterior projects, including, but notl limited to, re-roofing, re-coating, and  landscape/nardscape are not to be considered as major renovations.    BYRD ANTI-LOBBYING AMENDMENT  Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. S 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding  agency.  APPENDIX A, 44 C.F.R. PART 18 CERTIFICATION REGARDING LOBBYING = Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1.) 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any 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 2. Ifanyf 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 of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, ord cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at allt tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, PH&J Architects, Inc. certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and  REQUIRED FOR CONTRACTS OVER $100,000  cooperative agreement.  Form to Report Lobbying, in accordance with its instructions.  shall certify and disclose accordingly.  disclosure, ifany.    Signaturp of Contractor's Authorized Official    Renis Jones - President October 24, 2022 Date  Name and Title of Contractor's Authorized Official    Exhibit2  RESOLUTION FOR THE EXPENDITURE OF AMERICAN RESCUE PLAN ACT  FUNDS FOR GOVERNMENT SERVICES  WHEREAS, Dale County, Alabama (he "County") has received American Rescue Plan Acti fiscal recovery funds ("ARPA funds") andi is charged with ensuring that such funds are expended in accordance  with state and federal law; and  WHEREAS, under the Final Rule published by the United States Department of Treasury dated January 6, 2022, the County has the option to designate a standard allowance of upi to $10,000,000ofi its ARPA funds, not to exceed the County's total ARPA funds award, as revenue replacement ("Revenue  Replacement funds"); and  WHEREAS, the Final Rule provides that the designation oft this standard allowance is aone-time, irrevocable election that must be madet for the period ofp performance of the ARPA funds award; and  WHEREAS, the County has duly made this election; and  WHEREAS, the County may expend designated Revenue Replacement funds for government WHEREAS, the County has determined that there is ar need toj provide the following government services to its citizens and thati iti is within the authority oft the County to provide these services: construction  services; and  orr maintenance of safe County roads; and  WHEREAS, consistent with Code of Alabama (1975)91 11-1-10, the County has determined that the procurement oft thet following motor graders from Covington County is a necessary, reasonable, and proportionate measure tot facilitate the provision oft these government: services int the public's interest:  Two John Deere 670G motor graders for the total cost of $270,000; and  WHEREAS, more particularly, the procurement of this motor grader will provide needed equipment WHEREAS, the County has identified the vendor from which toj procure motor grader in a manner consistent with federal and state laws and guidelines, including compliance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2C.F.R. Part 200), asi it  fori the County to properly maintain County roads; and  applies tol Revenue Replacement funds.  NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION as follows:  1) 2)  The County shall use up to $270,000 of ARPA funds, which are hereby designated as The County Administrator is hereby authorized to expend these funds to two motor graders  Revenue Replacement funds, toi facilitate the provision of the government services described herein. as described herein from the designated vendor to facilitate thej provision of these services.    Exhibit2  3) The ARPA Program Director is charged with ensuring that Revenue Replacement funds allocated ande expended toj provide these government services will not be used in such a way ast to frustrate COVID-19 mitigation guidance issued by the Centers for Disease Control, ori for any other use prohibited  the Final Rule or any applicable state or federal law.  by  4)  Expenditure of these funds, as authorized by this Resolution, shall be contingent on the  continued appropriation and availability of ARPAI Revenue Replacement: funds for this purpose and ini no event shall be used for any expenses not obligated byl December 31, 2024, and expended by December  31,2026.  INI WITNESS WHEREOF, the Dale County Commission has caused this Resolution tol be executed  ini its name and on its behalf byi its Chairman on the 8th day of November, 2022.  Chairman, Dale County Commission KK    Exhibit2  COU  202 S. Hwy 123, Suite A Ozark, Alabama 36360 334.774.7875  Matthew W. Murphy, P.E. County Engineer  DALE COUNTY ROAD AND BRIDGE  MEMORANDUM  Date: To: From: Subject:  November 8, 2022 Dale County Commission Matt Murphy County Engineer Used Graders  Dale County Road and Bridge is requesting permission to purchase two Graders  from Covington County using ARPA funds.  2018. John Deere 670G IDW670GXCIF69197 2018 John Deere 670G IDW670GXEJF691975  $135,000 $135,000 $270,000  Total    Exhibit3  Dale County Commission  Commission Chairman Steve McKinnon  Commissioners Chris Carroll Steve McKinnon District2 Donald Grantham District3 Frankie Wilson District4  County Administrator Chery! Ganey  District1  sS  November 8, 2022  The Honorable Ronnie Thompson, Mayor  City ofL Level Plains 1708 Joe Bruer Rd. Daleville, AL 36322  Dear Mayor Thompson:  The Dale County Commission is aware that the city of Level Plains is preparing an application request for $250,000 for al Rebuild Alabama Act Grant for street improvements. In view of the positive impact of the project, the Dale County Commission, by unanimous vote on November 8, 2022, fully supports this application for grant funding toj provide street  improvements for the citizens of Level Plains and Dale County.  Sincerely,  ShB Steve McKinnon, Chairman    Exhibit4 4  4518 Lafayette Street Marianna, Florida 32446 Phone: (800)441/4449 ext 137 Fax: (850)526-7203  MOWREY ELEVATOR  Quote #: 154206 Date: 10/25/2022  Mowrey Contract #: 10386  From:Lacey Beck To: Cajun Evans Fax:  Email: aun-vansz2e@gmai.com Location:DALE CO COMMISSION2 100 COURT SQUARE OZARK  AL  Description of work: To provide and install (1) MOVFR Door operator  Quote amount: $12,850  PAYMENT TERMS: BILL INFULL  NOTE: All related work including (but not limited to) heat/smoke detectors, electrical, lighting, or any other items required to bring the elevator installation up to current applicable code will need to be performed by  others and is not included in this quotation.  ACCEPTANCE  BY SIGNING BELOWIACCEPT THE. ABOVE QUOTE. AND PAYMENT TERMS.*  ShK AUTHORIZED SIGNATURE  1H0822  DATE  SEmLN Cros PRINTED NAME AND TITLE  34-724L03  CONTACT PHONE: #  *After you have signed this acceptance, please fax it back to 850-482-2482. Parts cannot be ordered and  lor permits pulled without a signed acceptance.    Exhibit. 5  ALABAMA FARM-CITY WEEK-2022  AF PROCLAMATION  For nearly 65 years. the American people have joined together during Thanksgiving week to observe Farm-City Week. a time set aside to express gratitude for the bounty with which God has blessed our land. Throughout the week. Americans recognize the hard work and achievements oft the farmers. rural townspeople. and city residents who make our nation' s agricultural production and distribution system sO successful. This cooperation between rural and city dwellers for mutual benefit truly  helps to ensure our country'swell-being.  America" 's farmers have provided nutritious food and fiber to sustain our people through many decades of progress. Farmers" productivity has increased steadily, thanks largely to their initiative in supporting and adopting science-based methods and materials. Because of this productivity. American farmers are able to meet the needs of our nation.  and a growing world.  American agriculture--and the many service industries that depend upon it-isa story ofis a story ofextraordinary labor creating extraordinary abundance. The American farmer has an impact on every aspect oflife. from big cities to: small towns and all ofthe routes in between. At this time ofyear. it is only fitting that all Americans offer a special sign of thanks to those who grow. harvest. and bring the fruits of sun. seed. and soil to  our nation's s tables.  NOW. THEREFORE. I.  Steve McKinnon  Chairman  oft the Dale County Commission, of  by virtue of the authority vested in me do hereby. proclaim the week ofNovember 18 through November 24. 2022. as Alabama Farm-City Week. Icall upon all citizens in rural and cities alike toj join in recognizing the accomplishments of our productive farmers and of our urban residents. who cooperate to create abundance. wealth. and  strength for our Nation.  INWITNESS WHEREOF. I have hereunto set my hand 8th day of  November  in the year ofc our Lord two thousand twenty-two. SMive Mibn'    Exhibit6