Wlacon Counly  ON COIN  MACON COUNTY BOARD OF COMMISSIONERS  JANUARY 10, 2023 6P.M. AGENDA  1. Call to order and welcome by Chairman Higdon  2. Announcements  3. Moment of Silence observed 4. Pledge of Allegiance 5. Public Hearing(s) - NONE 6. Public Comment Period 7. Additions to the agenda  8. Adjustments to and approval of the agenda  9. Reports/Presentations  (A)Update on North Carolina Department of Commerce county tier (B)Update on 2023 property reappraisal - Tax Administrator Abby Braswell  designations - Tommy Jenkins  10. Old Business  (A) Commission liaison appointments - Chairman Higdon (B)Consideration of contract for Highlands Middle School renovations- (C)Discussion of Request for Proposals (RFP) for broadband services in  County Manager Derek Roland the Nantahala Community - Mr. Roland  11. New Business  (A) Local Assistance and Tribal Consistency Fund - Mr. Roland and (B) Discussion of recreation park fee schedule - Chairman Higdon  Finance Director Lori Carpenter  MACON COUNTY COURTHOUSE/ ANNEX PHONE 828-349-2000  5WESTI MAIN STREET  FRANKLIN, NORTH CAROLINA: 28734  FAX: 828-349-2400    12. Consent Agenda  Allitems below are considered routine and will be enacted under one motion. No separate discussion will be held - except upon the request by a member of the board. (A) Minutes of the December 13, 2022 regular meeting and the December 21, 2022 special meeting (joint meeting with Macon County Board of (C) Tax releases for the month of December in the amount of $6,740.67 (D)Monthly ad valorem tax collection report - no report necessary  Education)  (B) Budget Amendments #118-122  13. Appointments 14. Closed Session kickoff meeting  15. Recess to a date and time to be determined in order to hold the budget    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - REPORIS/PRESENTATIONS  MEETING DATE: JANUARY 10, 2023  9A.  Tommy Jenkins will provide the board with an update on the latest tier designations for counties from the North Carolina Department of Commerce. Please see the enclosed email from Mr. Jenkins - as well as a copy oft the "2023 North Carolina Development Tier Designations" memo =  for more information. No action will be necessary.  9B.  Tax Administrator Abby Braswell will present a PowerPoint presentation updating the board on the status and timeline for the 2023  reappraisal process. No action will be necessary.    Mike Decker From: Sent: To: Subject: Mike  Derek Roland drolandomaconncorg Thursday, January 05, 20239:21AM  Mike Decker  FW:2023 NC Commerce County Development Tier Rankings  See email below. Totally up to youi if you want to include this email ort the linki in the email below.  Thanks, Derek C. Roland Macon County Manager 51 W. Main St. Franklin, NC: 28734 828)-349-2022  From: ommyenanematomicors <tommylenkins@maconnc.org> Subject: 2023 NC Commerce County Development Tier Rankings  Sent: Thursday, December 22, 202212:05PM To:t ommyenanepmal.com Good Afternoon,  The North Carolina Department of Commerce recently released the 2023 County Development Tier Rankings. You can  access the memo at tos/Av.ommerensLGireymninse:  terstTierRankingbyCounty-495.  The North Carolina Department of Commerce annually ranks the state's 100 counties based on economic well- being and assigns each a Tier designation. This Tier system isi incorporated into various state programs to encourage economic activity in the less prosperous areas of the state. The 40 most distressed counties are  designated as Tier 1, the next 40 as Tier 2 and the 20 least distressed as Tier3.  County Tiers are calculated using four factors: Average unemployment rate Median household income Percentage growth in population Adjusted property tax base per capita  Macon County has been designated a Tier 2 county for 2023. Rankings are: scored1-100, with1 1 being the most distressed and 100 being the least distressed. Over all, Macon scored 79, missingal Tier 3 (20 least distressed counties) The memo is an interesting read, as you can see how Macon compares with the other 99 counties in the state.  designation by one position.  Please contact me if you have questions or comments.    NORTH CAROLINA DEPARTMENT of COMMERCE  Roy Cooper GOVERNOR SECRETARY  Machelle Baker Sanders  2023 North Carolina Development Tier Designations Raleigh, N.C. - Since 2007, North Carolina has used: a three-level system for designating county development tiers. The designations, which are: mandated by state law, determine a variety ofs state funding opportunities to assist in economic development. This report documents the process for calculating tiers and lists counties that have changed tiers since 2022. A statewide county tier map and tier calculations are included for reference.  How' Tier Rankings Are Calculated  The Development Tier Designation statute $143B-437.08) provides specific guidelines for calculating annual tierrankings. This process assigns each county to a designation ofTier One (most distressed), Tier' Two, or Tier Three (least distressed).. Assuming not ties in rankings, the statute requires 40' Tier One, 40' Tier' Two, and 20 Tier' Three counties eachy year. Ini the event ofa tie fort the final position as a TierOne or Tier' Two county, both  counties willl be placed in the lower tier. Tier Rankings use. Four Factors  Average unemployment. ratefort the most recent twelve months for which data area available (October2 2021 - September 2022, NC Dept. of Commerce, LAUS) Median householdincomel for the most recent twelve months for which data are available (2020, U.S. Census, Small Area Income & Poverty Estimates) Percentagegrowth in population for the most recent 36 months for which data are: available (July 2018 - July 2021, NC Office of State Budget & Management) Adjustedproperty tax base per capita for the most recent taxable year (FY 2022-  23, NCI Dept. ofPublic Instruction)  Each county is ranked from 1t to 100 on each variable, making the highest possible County RankSum 400, and the lowest 4. After calculating the County Rank Sum, counties are then ranked from most distressed (1) tol least distressed (100) in order to determine their Economic Distress. Rank. Note that the 2018 Appropriations. Act (S.L. 2018-5, Section 15.2.(a)) eliminated several adjustment factors" that will nol longer be used to calculate the final tier ranks, adjustments that previously factored small population sizes and poverty rates into the calculations. In addition, $143B-437.07.ld) calls for the Department ofCommerce: to publish the state performance statistic fore each oft the four factors,  Statec ofNorth Carolina Department ofd Commerce 301N North Wilmington Street 1 4301 Mails Service Center I Raleigh.NC27699-4301  919814:4600 T    alongside the county values. Any county underperforming thes state average on any ofthe four factors may request assistance from the Department toi improve their performance on the given factor. A ranked list ofeach county' s performance! by indicator, as well as the statewide value, is provided at the end oft this document. For comparison, countiesI may also wish to access the 2022 County Tier Designations. For assistance, please contact  David Rhoades at rhoades@nccommerce.com.  County Tier Changes in 2023  Ten counties will change tiersi in 2023. Counties moving toaless distressed tierinclude Avery, Caldwell, Cleveland, Pasquotank, and Swain. Counties moving to: a more distressed tier include Onslow, Pitt, Randolph, Surry, and' Transylvania.  Avery County  For 2023, Avery County is shifting from Tier' Two to' Tier' Three. The county's economic distress rank is #91 (it was #76 in 2022).This: shift was largely driven by a change in the county'spopulation. growth rate rank, which moved from #51 lasty year to #81 this year. For 2023, Caldwell County is shifting from Tier One to Tier' Two. The county's economic distress rank is #42 (it was #37 in 2022). This shift was largely driven by: a changei in the countysumemployment rate: rank, which moved from #38 last year to #54 this year. For 2023, Cleveland County is shifting from Tier One to' TierTwo. The county'se economic distress rank is #46 (it was #38 in 2022). Compared tol last year, the county's unemployment rate rank and median household income rank bothimproved.  Caldwell County  Cleveland County  Onslow County  For 2023, Onslow County is shifting from Tier Two to' Tier One. The county'seconomic distress rank is #40 (it was #41 in 2022). This shift was largely driven by a change in the ounysumemployment rate rank, which moved from #361 last year to #32 this year. For 2023, Pasquotank County is shifting from' Tier One to' Tier' Two. The county's economic distress rank is #43 (it was #38 in 2022). This shift was largely driven by a change in the county's median household income rate rank, which moved from #561 last  Pasquotank County  yearto #73 this year.  Stated of North Carolina Departmento ofc Commerce 3017 North Wilmington Street 14 43017 Mails Service Center I Ralegh.NC27899-4901  9198144 4600 T    Pitt County  For 2023, Pitt County is shifting from Tier' Two to Tier One. The county'se economic distress ranki is #34 (it was #43 in 2022). This shift was largely driven by a changei ini the county'smedian! household income rank, which moved from #62 last year to #461 this  year.  Randolph County  For: 2023, Randolph County is shifting from Tier Two to' Tier One. The county's seconomic distress rank: is #39 (it was #42 in: 2022).This shift was largely driven by: a change in the county'sn median household income rank, which moved from #50 last year to: #38 this  year. Surry County  For 2023, Surry County is shifting from Tier Two to Tier One. The county's economic distress ranki is #38 (it was #51 in 2022). This shift was largely driven) by a changei in the county'smedian household income rank, which moved from #471 last year to #30 this  year. Swain County  For 2023, Swain County is shifting from Tier One to' Tier Two. The county'se economic distress rank is #55 (it was #34 in 2022). This shift was largely driven by a change in the county'spopulation growth rate rank, which moved from #19 last year to #46 this year. For 2023, Transylvania County is shifting from Tier Three to' Tier Two. The county's 's economic distress rank is #78 (it was #84 in 2022). This shift was largely driven bya change in the countysumemployment rate rank, which moved: from #88 last yeart to #84  Transylvania County  this year.  Stated of North Carolina Departmento of Commerce 301N North Wilmington Street 4 4301 Mails Service Center Raleigh.NC2789-4301  919814 4600 T    L - 3  C 8  d@    2023 COUNTY DEVELOPMENT TIER RANKINGS (S 143B-437.08)  AdjustedProperty Tax Base Per Capita Population Growth FY2 2022-2023 July 2018-July 2021  Median Household Unemployment Income 2020  ECONOMIC DISTRESS 2023 RANK County Rank (#1=most TIERS 60 52 50 12 68 91 45 6 17 81 96 33 90 42 87 82 16 71 98 36 29 49 46 8 54 24 100 80 69 77 32 95 4 61 72 70 41 25 65 22 50 5 46 75 85 8 36 26 89 58  12MthAvg Oct21-Sept: 22  NEW TIER COUNTY ALAMANCE ALEXANDER ALLEGHANY ANSON ASHE 4 AVERY BEAUFORT BERTIE BLADEN BRUNSWICK BUNCOMBE BURKE CABARRUS A CALDWELL CAMDEN CARTERET CASWELL CATAWBA CHATHAM CHEROKEE CHOWAN CLAY A CLEVELAND COLUMBUS CRAVEN CUMBERLAND CURRITUCK DARE DAVIDSON DAVIE DUPLIN: DURHAM EDGECOMBE FORSYTH FRANKLIN GASTON GATES GRAHAM GRANVILLE GREENE GUILFORD HAUFAX HARNETT HAYWOOD HENDERSON HERTFORD HOKE HYDE IREDELL JACKSON  Value Rank %Change Rank Income Rank $86,617 19 -0.21% 36 $53,523 61 $159,689 81 1.79% 64 $39,916 4 $106,838 48 -4.63% 7 $40,818 7  Rate Rank Sum distressed) 3.14% 87 203 3.60% 53 202 4.94% 18 80  $93,470 33 4.06% 84 $53,220 60 3.67% 48 225 $162,991 83 0.41% 43 $44,543 22 3.13% 88 236 $143,714 75 -1.28% 24 $50,253 48 3.77% 43 190 $89,695 23 -7.04% 3 $41,889 10 4.91% 19 55 $108,946 52 -3.34% 12 $43,664 17 4.69% 23 104 $218,794 93 11.11% 98 $64,371 86 4.72% 22 299 $171,149 86 2.63% 73 $66,156 90 2.96% 98 347 $90,080 24 0.01% 38 $48,729 37 3.37% 66 165 $249,430 96 0.65% 47 $63,475 84 3.25% 77 304 $80,444 12 -2.60% 18 $48,070 34 3.99% 36 100  2 2 2 1 2 3 2 1 3 3 3 2 3 3 2 3 2 2 3 2 2 2 1 3 2 2 2 2 2 2 1 2 2 3 1 1 3 2  $279,723 99  3.77% 81 $50,800 52 3.11% 90 322  $124,257 59 $101,659 45 $122,081 55 $122,424 57 $166,434 85 $177,929 88 $103,562 47 $72,849 $94,266 35 $119,150 54 $101,863 $149,089 $70,562 $107,614 19  6.77% 95 $79,736 97 3.35% 68 319 0.249 41 $50,235 47 3.60% 54 187 5.32% 90 $72,135 92 3.27% 76 313 4.64% 88 $74,747 96 2.83% 99 368  2.14% 69 $52,737 55 1.10% 53 $44,052 19 0.42% 44 $53,960 64 3.58% 57 212 2.70% 74 $49,160 40 2.47% 71 $56,067 70 3.43% 63 239 2.80% 76 $65,418 87 -3.26% 13 $49,755 44 3.51% 60 163 3.96% 82 $65,619 89 3.06% 93 343 -3.11% 15 $45,156 24 7.54% 2 1.62% 62 $56,158 71  3.44% 62 243 3.86% 40 172 3.89% 38 146 3.85% 41 201 4.83% 21 61 5.50% 12 132 3.22% 81 373 4.42% 24 297 3.28% 74 291 3.74% 45 227 3.89% 39 240 3.29% 73 184  $128,618 63 0.74% 48 $44,449 21 $112,714 53 -0.69% 30 $45,365 25 $85,553 17 -2.65% 17 $40,712 6 $260,909 97 11.20% 100 $73,433 95 $438,337 100 3.48% 79 $72,962 94  $100,892 44 3.12% 77 $49,041 39 4.05% 34 194  44  $93,987 34 8.69% 97 $54,868 66 3.65% 51 248 $152,517 80 -0.68% 31 $42,057 12 5.68% 10 133  $94,313 36 4.05% 83 $60,622 82 $92,029 29 -4.70% 6 $57,680 76  $82,027 13 $66,667 $107,800 50 $72,119 $147,157 78 $146,660 $72,978 $237,726  2.47% 72 $53,112 58 3.09% 92 235 -3.77% 11 $47,605 33 3.20% 85 131 1.32% 56 $55,577 68 4.27% 28 202 4.66% 89 $55,586 69 4.12% 31 194  $83,886 15 -2.78% 16 $41,098 8  6.13% 6 3.12% 89 270 3.04% 95 311 5.09% 17 172 5.80% 8 135  45  1.06% 52 $50,492 51 1.38% 58 $60,550 81 4.45% 86 $53,728 62  $82,810 14 -6.20% 4 $46,632 28 5.25% 15 61 $144,780 76 5.92% 92 $61,892 83 3.40% 64 315 -0.959 26 $49,488 43 3.55% 58 222 Statec of Northo Carolina I Department of Commerce 301 North' Wilmington! Street 14301A Mails Service Center I Ralegh,NC27699-4301  $266,249 98 -7.59% 2 $45,548 27  9198144 4600 T    JOHNSTON JONES LEE LENOIR LINCOLN MACON MADISON MARTIN MCDOWELL MECKLENBURG MITCHELL MONTGOMERY MOORE NASH NEWHANOVER NORTHAMPTON ONSLOW ORANGE PAMLICO A PASQUOTANK PENDER PERQUIMANS PERSON PITT POuK RANDOLPH RICHMOND ROBESON ROCKINGHAM ROWAN RUTHERFORD SAMPSON SCOTLAND STANLY STOKES SURRY SWAIN TRANSYLVANIA TYRRELL UNION VANCE WAKE WARREN WASHINGTON WATAUGA WAYNE WILKES WILSON VADKIN YANCEY NORTHCAROLINA  $99,658 42 11.15% 99 $63,882 85 3.23% 80 306 $97,759 39 -3.25% 14 $44,972 23 3.24% 79 155  84 31 61 13 93 79 63 10 43 83 35 56 87 28 94 15 40 92 56 43 85 53 65 34 73 39 11 2 30 59 21 20 1 64 74 38 55 78 14 97 3 99 19 6 76 27 22 18 48 65  $99,816 43 $224,179 94 $90,809 26 -4.46% $140,092 71 $90,286 25 $184,799 90  3.63% 80 $57,025 75 3.25% 78 $51,973 54  4.26% 29 227 3.81% 42 86 3.09% 91 326 3.31% 70 296 3.66% 50 305 4.07% 33 169 3.59% 55 218 3.59% 56 313 5.25% 14 143 3.22% 82 328 4.84% 20 98  $77,210 10 -0.73% 29 $40,586 $134,220 67 7.12% 96 $56,183 72  3 2 2 1 2 3 1 2 3 1 3 2 2 3 2 2 1 2 1 2  $126,188 60 0.77% 49 $49,373 42 3.24% 78 229 $108,098 51 0.15% 40 $47,579 32 3.39% 65 188  $42,264 14 4.37% 25 73  $176,801 87 2.77% 75 $72,340 93 $128,129 62 -0.48% 33 $49,236 41 $141,349 73 5.92% 93 $69,413 91 $132,457 64 -5.11% 5 $41,630 9  1.34% 57 $48,522 35 1.40% 59 $49,883 45 2.12% 68 $65,615 88  $76,697 9 4.30% 85 $52,885 56 4.09% 32 182 $142,184 74 0.96% 51 $82,732 98 2.75% 100 323 $161,012 82 -1.26% 25 $50,481 50 3.48% 61 218 $91,763 27 1.59% 61 $56,654 73 4.29% 27 188 $133,405 66 6.52% 94 $59,812 80 3.31% 71 311  $123,624 58 $122,387 56 $87,122 21 $87,699 22 $64,451 $85,476 16 $97,406 38 $92,499 31 $99,502 41 $93,010 32 $133,148 65 $201,871 92 $138,270 70 $71,421 $163,949 84  1.93% 67 $50,813 53 1.90% 66 $49,955 46 1.49% 60 $48,849 38 -2.46% 19 $39,139 3 2.40% 70 $55,398 67 1.88% 65 $53,769 63 0.86% 50 $59,068 79 0.24% 42 $47,114 30 0.58% 46 $47,559 31 0.53% 45 $56,880 74 4.63% 87 $90,920 100 -2.07% 21 $41,935 11 5.46% 91 $88,763 99  4.35% 26 204 4.01% 35 168 3.76% 44 249 3.51% 59 179 5.89% 7 79 6.17% 5 3.67% 49 224 3.62% 52 119 7.62% 1 3.29% 72 231 3.19% 86 256 3.35% 69 173 3.27% 75 217 3.20% 84 295 5.68% 9 3.06% 94 351 6.46% 4 3.01% 96 370 5.48% 13 55 2.97% 97 281 3.94% 37 139 3.70% 47 131 5.62% 11 108 3.20% 83 197 3.69%  1.30% 55 $58,991 78 3.72% 46 235  $178,954 89 0.04% 39 $58,607 77 $95,707 37 -2.36% 20 $42,335 15  28  1.11% 54 $50,388 49 4.17%6 30 149  $126,549 61 -0.56% 32 $44,004 18 5.10% 16 127  $86,488 18 -1.34% 23 $45,387 26 $73,918 8 -4.03% 9 $33,531 1  19  2 1 2 2 1 3 3  $141,084 72 -7.84% 1 $42,260 13  95 40  $134,983 68 -1.37% 22 $42,808 16 6.67% 3 109  $92,321 30 -3.83% 10 $38,704 2 $193,346 91 -0.74% 28 $54,004 65 $77,403 11 -0.42% 34 $52,906 57 $91,928 28 -0.85% 27 $46,830 29 $98,400 40 -0.03% 37 $44,089 20 $86,918 20 -0.23% 35 $53,154 59  1 2 2  $137,091 69 1.62% 63 $48,662 36 3.35% 67 235  $129,758  2.76%  $59,616  Stateof North Carolina Department of Commerce 301 North Wilmingtons Street! 14 4301 Mails Service Center I Ralegh,NC27699-901  9198144 4600 T    2 :  RRRKER  6  FERS86883 BE883BXRIAR    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - OLD BUSINESS  MEETING DATE: January 10, 2023  10(A). Chairman Higdon will present liaison appointments for the board. 10(B). County Manager Derek Roland will present a proposed contract for the Highlands Middle School renovation project for the board's consideration. A copy of that contract is enclosed and Mr. Roland can Pending discussion and action, an appropriate motion would be to approve the contract with LS3P Associates Ltd. as presented (or amended) and to IO(C). Mr. Roland will also be discussing a proposed Request For Proposals (RFP) for "Fiber Optic Deployment and Network Operator = Nantahala Township," a copy of which is enclosed in the packet. Per Mr. Roland, his only "caveats" would be that the RPF is subject to legal and financial Ifthe board decides to approve the RFP for distribution, it may need to do SO  provide additional details at the meeting.  authorize the county manager to execute the contract.  approval.  contingent upon the caveats listed above.    AIA  Document B101 -2017  Standard Form of Agreement Between Owner and Architect AGREEMENT made as ofthel Fourth day of. January int the year Two Thousand  Twenty-Three  (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) Macon County Board of Commissioners 5West Main Street Franklin, NC: 28734 and. Macon County Board of Education 1202 Old Murphy Road Franklin, NC 28734 and the Architect: (Name, legal status, address and other information) LS3P ASSOCIATESLTD. 140'Henry Avenue, Suite 210 Asheville, NC 28801 for the following Project: (Name, location and detailed description) Macon County Highlands Middle School Renoyations 345 Pierson Drive Highlands, NC 28741 LS3PI Project: 0201-226645 The Owner and Architect agree as follows:  ADDITIONS AND DELETIONS: The author oft this document has addedi information needed fori its completion. The authorr may also have revised the text oft the original AIA: standard form.. An Additions and Deletions Reportt that notes added information asv well as revisions tot the standardf form texti is available from the author ands should ber reviewed. A verticall line int thel leftr margin oft this documenti indicates where the author has added necessaryi information and wheret the author has addedt to or deleted from the original AIA text. This document has important legal consequences. Consultation' with an attorney is encouraged with respect toi its completion or modification.  Init. AIA Document B101"-: 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 20175 by The Americanl Institute of Architects. Allr rights reserved. The' "American Instituted of Architects," "AIA," the AIALogo, and" "AIA Contract Documents" arer registered trademarks andr may notb beu usedy without permission. This documenty was produced by AIA software ato 09:49:47E ET on 01/06/2023 under Order No.31042374791 which expires on 12/30/2023, is notf for resale, is licensedf ford one-time use 1 only, andr may only be used ina accordances witht the AIA Contract Documents? Terms ofs Service. Tor report copyright violations, e-mail copyrghigaa.org.  1  User Notes:  (1248487528)    TABLE OF ARTICLES 1 2 3 4 5 6 7 8 9 11 12  INITIAL INFORMATION ARCHITECT'S RESPONSIBILITIES SCOPE OF ARCHITECT'S BASIC SERVICES SUPPLEMENTAL AND ADDITIONAL SERVICES OWNER'S RESPONSIBILITIES COST OF THE WORK COPYRIGHTS. ANDI LICENSES CLAIMS ANDDISPUTES TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS COMPENSATION SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION  $1.11 This Agrecmenti is bascd ont the Initial Information sct forthi in this Scction 1.1.  (For each item in this section, insert the information: or a. statement. such as "not applicable"or' "unknown at time of (Iusert the Oner's program, identif documentation that establishes the Owner: S) program, or state the manner in See Exhibit A. All phases in the Scope of Services attached hereto as Exhibit. A: shall be approved separately by the (Identif 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, availabilityof  execution."?  S 1.1.1 The Owner's program for the Project: which the program will be developed.) Macon County Board of Commissioners: S 1.1.2The Project's physical characteristics:  public and private utilities and: services, legaldescription of the. site, etc) The project willl be located on the existing Highlands School Campus. $1 1.1.3The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, ifknow, al line-item breakdown.)  See Exhibit A.  $ 1.1.4The Owner' s anticipated. design and construction milestone dates: .1 Design phase milestone dates, ifany: See Exhibit A.  Init., AIAD Document! B101"-2017. Copyright 01 1974,1 1978, 1987, 1997, 2007 and 2017by The Americanl Institute ofA Architects. Allrights reserved. The" American Institute ofA Architects," "AIA, the AIALogo, and" "AIA Contract Documents": arer registeredt trademarks: andr may notbe usedv withoutp permission. This document was produced! by AIAs software ato 09:49:47ET on.01/06/2023 under Order No.3104237479 which expires on 12/30/2023, is-notf for resale, isl licensed for one-time use 2 only, andr may only be used in: accordancer witht the AIA Contract Documents" Terms ofs Service. Tor report copyright violations, e-mail copyrighti@aia.org.  1  User Notes:  (1248487528)    .2 Construction commencement date: .3 Substantial Completion date or dates: .4 Other milestone dates::  $ 1.1.57 The Owner intends the following procurement and delivery method for the Project: (Identify method: such as competitive: bid or negotiated contract, as well as any requirements for accelerated.or fast-track design and construction, multiple bid! packages, or phased construction.) Design-Bid-Build: or CM: at Risk. To be determined by the Owner. $ 1.1.6The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's. Sustainable Objective for the Project, ifany.) Follow: the Codes and Laws oft the State of North Carolina.  $1.1.61Ithec Owneri identifies a Sustainable Objective, the Owner and Architect shall complete andi incorporate. AIA: Document E204TME-2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related tot the Owner's Sustainable Objective. IfE204-2017 is incorporated into this agreement, the Owner and Architect shalli incorporate the completed E204-2017 into the agreements' with the consultants and contractors  performing services or Work in: any way associated with the Sustainable Objective. $ 1.1.7The Owner identifies the following representative in accordance with Section 5.3:  (List name, address, and other contact information.)  Derek Roland Macon County Manager 5) West Main Street Franklin, NC 28734 Tel: 828.349.2025  $1 1.1.81 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's  submittals tot the Owner: are: as follows: (List name, address, ando other contact information.) Owner will: address  S 1.1.9The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.)  .1 Geotechnical Engineer: .2 Civil Engineer: N/A  Tol be determined. as authorized by the Owner.  Init. AIA Document B101"- 2017. Copyrigh! 01 1974, 1978, 1987, 1997, 2007 and2 2017by The American! Institute of Architects. Allrightsr reserved. The." "American Institute of/ Architects," ""AIA,"theA AIALogo, and" "AIAC Contract Documents", are registeredt trademarks andr may not bet usedw without permission. This document was produced by AIAs software at 09:49:47ET on 01/06/2023 under Order No.31042374791 which expires on 12/30/2023, isn notf forr resale, is licensed for one-time use 3 only, andi may only be usedi ina accordançe witht the AIA Contract Documents> Terms of Service. Tor report copyright violations, e-mail copyrighi@ala.org.  User Notes:  (1248487528)    .3 Other, ifa any:  (List any othen consultants and contractors retained by the Ouner.)  $ 1.1.10 The Architect identifies the: following representative in accordance with Section 2.3:  (List name, address, and other contact information.) Paul Davis Boney, FAIA, Senior Vice President LS3P ASSOCIATES LTD. 227 West Trade Street, Suite 700 Charlotte, NC 28202Tel: 910.520.0812 Email: paulboney@sp.com  $ 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1L.11.2:  (List name, legal status, address, and other contact injormation.) S 1.1.11.1 Consultants retained under Basic Services:  (Paragraphs deleted)  .1 Mechanical, Electrical and Plumbing Engineer: CMTA of Kentucky, Inc: 8801 JMI Keynes Drive, Suite. 240 Charlotte, NC 28262  $ 1.1.11.2 Consultants retained under Supplemental: Services: None unless authorized in writing by Owner. S 1.1.12 Other Initial Information on whicht the Agreement is based:  $ 1.2 The Owner and Architect may rely on thel Initial Information. Bothj parties, however, recognize that the Initial Information may materially change and, int that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as $1.3Thep parties shall: agree upon protocols governing the transmission and use ofl Instruments of Service or any other information or documentation in digital form. Thej parties will use AIA Document E203TML-2013, Building Information Modeling andl Digital Data Exhibit, to establish thej protocols for the development, use, transmission, and S 1.3.1 Any use of, or reliance on, all or a portion ofal 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 E2031E-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIAI Document G20273L-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party'ss sole risk and without liability tot the other party andi its contractors or consultants, the: authors of, or contributors $2.11 The Architect shall provide professional services as set forthi in this Agreement. The Architect represents thati it isp properly licensed in thej jurisdiction where the Project is located toj provide the: services required by this Agreement,  necessary, to accommodate material changes in the Initial Information.  exchange of digital data.  to, the building information model, and each oft their agents and employees.  ARTICLE 2 ARCHITECT'S RESPONSIBILITIES  or shall cause such services tol be performed by appropriately licensed design professionals.  Init. AIA Document B101"-2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and: 2017byT The American! Institute of Architects. Allr rights reserved. The" "American Instituteo of Architects," "AIA," the AIALogo, and" "AIA Contract Documents" arer registered trademarks: andr may notl beu usedv without permission. This document was produced by AIA softwarè at 09:49:47 ET on 01/06/2023 under Order No.31042374791 whiche expires on1 12/30/2023, isr nolf forr resale, is licensedf forc one-time use 4 only, andr may only be usedi in: accordances witht the AIA Contract Documents" Terms of Serviçe. Tor reporto copyright violations, e-mail copyrghi@aia.org.  I  User Notes:  (1248487528)    $2.2The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under thes same ors similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional: skill and care and the orderly progress of $2.31 The Architect shall identify ar representative authorized to: act on! behalfo of the Architect with respect to the $2.41 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any. employment, interest or contribution that would reasonably appear to compromise the Archite'sprolesional $2.51 The Architect shall maintain the following insurance until termination oft this Agreement. Ifany of the requirements set forth below are in addition to the types and limits the. Architect normally maintains, the Owner shall $2.5.1 Commercial General Liability withj policy limits ofi notl less than ONEI MILLION and NO/I001 DOLLARS (S 1,000,000.00) ) for each occurrence and TWOMILLION: and NO/1001 DOLLARSI ($:2,000,000.00 )int the aggregate S 2.5.2. Automobile Liability covering vehicles owned, andi non-owned vehicles used, by the Architect with policy limits ofr not less than ONEI MILLION andi NO/1001 DOLLARS (S 1,000,000.00 )combined single limit for per accident for bodily injury, death of any person, and property damage arising out ofthe ownership, maintenance and use oft those motor vehicles, along with: any other statutorily required automobile coverage. S 2.5.3The Architect maya achieve the required limits and coverage for Commercial General Liability and Automobile Liability through ac combination. of primary ande excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies resulti in the; same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, andi inj 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  the Project. Project.  judgment with respect tot this Project.  pay the Architect as set forthi in Section 11.9. for bodily injury andj property damage.  actual payment by the underlying insurers. $ 2.5.4 Workers' Compensation: at statutory limits. NO/100. DOLLARS (S 1,000,000.00) )policy limit.  S 2.5.51 Employers' Liability with) policy limits notl less than ONEI MILLION: and NO/ 100 DOLLARS (S 1,000,000.00 )cach accident, ONEI MILLION: and NO/1001 DOLLARS (S 1,000,000.00.) cach employee, and ONE) MILLION and $ 2.5.6E Professionall Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of notl less than ONE MILLION: and NO/100 DOLLARS (S 1,000,000.00 )per claim and ONE $ 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 toi include the Owner as an additional insured for claims caused ins whole or inj part by the Architect's: negligent acts or omissions. The additional insured coverage shalll be primary and non-contributory to any of the Owner's s insurance policies and shall apply to $2.5.81 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the: S 3.1 The Architect's Basic Services consist oft those described in this Article 3 andi include usual and customary mechanical, electrical andj plumbing enginecring services. Services not: set forth in this Article3 are Supplemental or  MILLION and NO/1001 DOLLARS ($ 1,000,000.00) )int the aggregate.  both ongoing and completed operations. requirements in this Section 2.5.  ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES  Additional Services.  Init. AIA Document B101"-2 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017by The American! Institute of Architects. Allr rights reserved. The" "American Institute ofA Architects," "AIA," the AIALogo, and" AIA Contract Documents" arer registered trademarks and may notl be used without permission. This document was produced by AIAS software ato 09:49:47 ETC on 01/06/2023 under Order No.3104237479 which expires on 12/30/2023, isr notf forr resale, is licensedf for one-time use 5 only. andr may only beu used ina accordance witht the/ AIA Contract Documents" Terms of Service. Tor report copyright violations, e-mail copyrighi@aia.org.  User Notes:  (1248487528)    $ 3.1.1 The Architect shall manage the Architect'ss services, research applicable design criteria, attend Project meetings, communicate with members of thel Project team, andi report progress to the Owner. $3.1.21 The Architect shall coordinatei its services witht thoses services provided! by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, ands shallt not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished. by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner ifthe Architect becomes aware ofa any error, omission, ori inconsistency in $3.1.3 As soon as practicable after the date oft this Agreement, the Architect shall submil for the Owner's approvala schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction. and for Substantial Completion of the Work ass set forthi in the Initial Information. The schedule shall include allowances for periods oft time required for the Owner'sreview, for the performance ofthe Owner's consultants, and for approval ofs submissions by authorities having, jurisdiction over the Project. Once approved! by the Owner, time limits established by the: schedule shall not, except for reasonable cause, be exceeded! by the Architect or Owner. Witht the Owner'sapproval, the Architect: shall adjust the schedule, ifr necessary, ast the Project $3.1.4The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner'sa acceptance $:3.1.51 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utilitys services to the Project. The Architect shall respond toa 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. $ 3.2.1 The Architect shall review thej program and other information furnished byt the Owner, ands shall review laws, $ 3.2.2The. Architect shall prepare aj preliminary evaluation oft the Owner's s program, schedule, budget for the Cost of the Work, Project site, the proposed procurement: and delivery method, and other Initial Information, eachi in terms of the other, to: ascertain the requirements ofthe Project. The Architect shall notify the Ownerof(1): any inconsistencies discoveredi in the information, and (2) other information or consulting servicest that may be reasonably needed for the $3.231 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach: an understanding with the. $ 3.2.41 Based on thel Project requirements agreed upon witht the Owner, the Architect shall prepare and present, fort the Owner's approval, a preliminary design illustrating the scale andi relationship of the Project components. $3 3.2.5 Based on 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 as site plan, ifa appropriate, and preliminary building plans, sections and elèvations; and may include some combination ofs study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. $:3 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 thati is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more  such services or information.  proceeds until the commencement of construction.  ofnon-conforming Work, made or given without the Architect's written approval.  imposed byt those authorities and entities.  $ 3.2 Schematic Design Phase Services  codes, andi regulations applicable to the Architect's services.  Project.  Owner regarding the requirements oft the Project.  advanced sustainable design services as a Supplemental Service under Section4.1.1.  Init. AIA Document B101" -2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017b by The American! Instituteof Architects. Allr rights reserved. The' "American Institute ofA Architects," "AIA," the AIAL Logo, and" "AIA Contract Documents" arer registered trademarks andr may notb beu usedy withoutp permission. This documenty was produced! by AIAS software at 09:49:47 ET on01/06/20231 under Order No.31042374791 which expires on 12/30/2023, isr notf forr résale, is licensedf for one-time use 6 / only, and may only beu used ina accordance witht the AIA Contract Documents Terms ofService. Tor report copyright violations, e-mail copyrigh@aia.org.  User Notes:  (1248487528)    $3 3.2.5.21 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for thel Project that is consistent $3 3.2.6 The. Architect shall submit tot the Owner an estimate of 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'sapproval. S 3.3.1 Based on the Owner's approval oft the Schematic Design Documents, and on the Owner's authorization ofany adjustments in the Project requirements andt the budget for the Cost oft the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development! Documents shall illustrate and describe the development of the: approved Schematic Design Documents ands shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts oft building systems to fix: and describe the size ando character of the Project as to: architectural, structural, mechanical: ande electrical systems, and other: appropriate elements. Thel Design Development Documents shall alsoi includec outline specifications thati identify $ 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordançe with Section 6.3. $ 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner ofany S 3.4.1 Based on the Owner's approval oft the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements andt the budget fort the Cost oft the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shalli illustrate and describe the further development oft the: approved Design Development Documents and shall consist of Drawings and Specifications: setting forth in detail the quality levels and performance criteria ofmaterials ands systems and other requirements for the construction oft the Work. The Owner and Architect acknowl ledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other $3.4.27 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over $ 3.4.31 During the development of the Construction Documents, the Architect shall assist the Owner in the development andj preparation of()procurement. information that describes the time, place, and çonditions ofl bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor, and (3)t the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile ap project manual that includes the Conditions of the Contract for Construction and Specifications, and may $ 3.4.41 The Architect shall update the estimate for the Cost oft the Work prepared in accordance with Section 6.3. $ 3.4.5The. Architect shall submit the Construction Documents to the Owner, advise the Owner ofa any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner'sapproval. The Architect shall assist the Owneri in establishing a list of prospective contractors. Following the Owner's approval oft the Construction Documents, the Architect shall assist the Owner in (I) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or  with the Ownetr'sprogram, schedule, andl budget for the Cost oft the Work.  Section 6.3.  $ 3.3 Design Development Phase Services  major materials and systems and establish, in general, their quality levels.  adjustments tot the estimate of the Cost of the Work, and request the Owner's approval.  S 3.4 Construction Documents Phase Services  similar submittals, which the Architect shall review in accordance with Section 3.6.4.  the Project into the Construction Documents..  include bidding requirements and sample forms.  $3 3.5Procurement! Phase Services $ 3.5.1 General  proposal, ifa any; and, (4) awarding and preparing contracts for construction.  Init. AIA Document! B101"-2017. Copyright 01 1974,1 1978, 1987, 1997, 2007 and 2017by The Americanl Institute of Architects. Allr rights reserved. The" "American Instituted of Architects," "AIA, the AIALogo, and" "AIA Contract Documents" areregistered trademarks andr may notb beu usedy withoutp permission. This document was produced by AIAS software ato 09:49:47ET on 01/06/2023 under Order No.31042374791 which expires on1 12/30/2023, isnot for resale, is licensedf for one-time use 7 only, andr may only be usedi in accordance witht the AIA Contract Documents" Terms ofs Service. Tor report.c copyright violations, e-mail copytight@aia.org.  I  User Notes:  (1248487528)    $3 3.5.2 Competitive Bidding  S 3.5.2.1 Bidding Documents shall consist ofl bidding requirements andj proposed Contract Documents. .1 facilitating the distribution of Bidding Documents toj prospective bidders; .2 organizing and conducting: aj pre-bid conference forj prospectivel 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, .4 organizing and conducting the opening oft the bids, ands subsequently documenting and distributing the $3 3.5.2.3 Ifthe Bidding Documents permit substitutions, upon the Owner's) written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distributé addenda identifying approved S 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.  $3 3.5.2.2 The Architect shall assist the Owner in bidding the Project by:  bidding results, as directed by the Owner.  substitutions to all prospective. bidders. $ 3.5.31 Negotiated Proposals  $ 3.5.3.2The Architect shall assist the Owner in obtaining proposals by:  .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and participating ins selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form ofa addenda; and, .4 participating in negotiations with prospective contractors, and subsequently preparing a: summary S 3.5.3.3 Ifthe Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions andj prepare and distribute addenda identifying approved.  report oft the negotiation results, as directed by the Owner.  substitutions to all prospective contractors. S 3.6 Construction Phase Services $ 3.6.1 General  S 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor ass set forth below andi in AIA Document A201TNL-2017, General Conditions of the Contract for Construction. Ifthe Owner and Contractor modify. AIA Document A201-2017, those modifications shall not: affectt the Architect'sserviçes: under this $.3.6.1.21 The Architect: shall: advise: and consult witht 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 not have control over, charge of, or responsibility fort the construction means, methods, techniques, sequences or procedures, or for safety precautions andj programs in connection with the Work, nor shall the Architect be responsible for the Contractor's1 failure toj perform the Work in: accordance witht the requirements oft the Contract Documents. The Architect shalll be responsible for the. Architect's negligent acts or omissions, but shall not have control over or charge of, ands shall not be responsible. for, acts or omissions oft the Contractor or of any other persons or entities performing $: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 oft the Contract for Construction and terminates ont the date S 3.6.2.1 The Architect shall visit the: site at intervals appropriate to the stage ofc construction, or as otherwise required in Section 4.2.3, tol become generally familiar with the progress and quality oft the portion ofthe Work completed, and. to determine, in general, ifthe Work observed is being performed in a manneri 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 checkt the quality or quantity oft the Work. On thel basis oft thes sites visits, Init. AIAI Document B101"-2017. Copyright 01 1974,1 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects, Allr rights reserved. The. "American Institute ofA Architects," "AIA," the AIALogo, and" "AIA Contract Documents" arer registeredt trademarks and may natbeu usedv without permission. This document was produced by AIAS software ato 09:49:47E ET on 01/06/20231 under Order No.31042374791 which expires on 12/30/2023, isr notf forr resale. is liçensed for one-time use 8 only, andr may only be usedi ina accordance with the/ AIA Contract Documentss Terms of Service. Tor report copyrighty violations. e-maild copynrghiaia.org.  Agreement unless the Owner and the. Architect amend this Agreement.  portions ofthe Work.  the. Architect issues the final Certificate for Payment, S 3.6.2 Evaluations of the' Work  User Notes:  (1248487528)    the Architect shall keep the Owner reasonably informed about the progress and quality oft thej portion of the. Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies $3 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers iti necessary or advisable, the Architect shalll have the authority to require inspection or testing ofthe) Work in accordance with the provisions oft the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exércise such authority shall giver rise toa duty or responsibility oft the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. $-3.6.2.31 The Architect shall interpret and decide matters concerning performance under, andi requirements of, the Contract Documents on written request of cither the Owner or Contractor. The Architect's response tos such requests shall be made in writing within any time limits agreed upon or otherwise withi reasonable promptness. $3 3.6.2.4 Interpretations. and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall bei 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, ands 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 ifconsistent with the intent expressed int the $ 3.6.2.5 Unless the Owner: and Contractor designate another person tos serve asa an Initial Decision Maker, as that term isdefinedi in AIAI Document. A201-2017,1 the Architect shall renderi initial decisions on Claims between the Ownera and $3 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and' shall issue certificates in such. amounts. The Architect's certification forj payment shall constitute a representation tot the Owner, based on the Architcct's cvaluation oft the Work as provided in Scction 3.6.2 and on thc data comprising the Contractor's Application for Payment, that, tot the best oft the Architect's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work isi in accordance with the Contract Documents, and thatt the Contractor is entitled toj payment int the amount certified. Thei foregoing representations are subject to (I)an evaluation ofthe Work for conformance with the Contract Documents upon Substantial Completion, (2) results ofs subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) $3 3.6.3.2 The issuance ofa Certificate for Payment shall not be: at representation that the Architect has (I) 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 toj payment, or( (4): ascertained. how or for what purpose the Contractor has used money previously paid on account oft the Contract  observed in the Work.  Contract Documents.  Contractor as provided: int the Contract Documents. $3 3.6.3 Certificates for Payment to Contractor  specific qualifications expressed by the Architect.  Sum.  S 3.6.3.3 The Architect shall maintain a record oft the Applications and Certificates for Payment.  $3 3.6.4Submittals  $ 3.6.4.1 The Architect shall review the Contractor's: submittal schedule and shall not unrcasonably delay or withhold approval oft thes schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved: submittal schedule or, in the absence ofan approved submittal schedule, with reasonable promptness while allowi ving sufficient time, in the Architect's professional judgment, to permit adequate review.. S 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor's: submittals such as Shopl Drawings, Product Data and Samples, but only for thel limited purposeofchecking! for çonformance with information given: and the design concept expressed in the Contract Documents. Review of suchs submittals is not for the purpose of determining the accuracy and completeness of otheri information such as dimensions, quantities, and Init. AIAI Document B101"-2017. Copyright 01 1974,1 1978, 1987, 1997, 2007 and 2017by The American! Institute of Architects. Allrightsr reserved. The" "American Institute ofA Architects," "AIA,"theA AIALogo. and" "AIA Contract Documents" arer registeredt trademarks and may notb bet usedw without permission. This document was produced by AIAS software ato 09:49:47 ETC on 01/06/20231 under Order No.31042374791 which expires on 12/30/2023, isn notf for resale. is licensed for one-time use 9 only, andr mays only beu usedi ina accordance witht the AIA Contract Documents* Terms ofs Service. Tor report copyright violations, e-mail copylighi@aia.org.  User Notes:  (1248487528)    installation or performance of equipment or systems, which: are the Contractor's responsibility. The Architect'sreview shall not constitute approval ofs safety precautions or construction means, methods, techniques, sequences or procedures.. The Architect's: approval ofas specific item shall noti indicate approval of an: assembly ofwhicht thei itemi is S 3.6.4.31 Ifthe Contract Documents specifically require the Contractor tor provide professional design services or certifications by a design professional related tos systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria thats suchs services must satisfy The Architect shall review and take appropriate action on Shop Drawings and others submittals related to the Work designed or certified by the Contractor's design professional, provided: thes submittals bear such professional'ss seal and: signature whens submitted tot the Architect." The Architect's review shall be for the limited purpose ofchecking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible. for, the adequacy and accuracy of thes services, certifications, and approvals performed or $3 3.6.4.4: Subject to Section 4.2, the Architect shall review and respond tor requests for information: about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests fori information. Requests for information shalli include, atar minimum, a detailed written statement thati indicates thes specific Drawings or Specifications in need ofclarification: andt the nature oft thec clarification requested. The Architect'sresponset to: such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare andi issue supplemental Drawings and Specifications ini response tot the $3 3.6.4.5 The Architect shall maintain ar record of submittals and copies of submittals supplied by the Contractor in $3.6.5.1 The. Architect may order minor changes in the Work that are consistent witht the intent oft the Contract Documents and do noti involve an adjustment in the Contract Sum or an extension oft the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval  ac component.  provided by such design protessionals.  requests fori information.  accordance: with the requirements ofthe Contract Documents.  $3 3.6.5 Changes int the Work  and execution in accordance with the Contract Documents.  S 3.6.5.2 The Architect shall maintain records relative to changes in the Work.  $ 3.6.6F Project Completion S 3.6.6.1 The Architect shall:  .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final .3 forward to the Owner, for the Owner's review and records, written warranties and related documents .4 issue ai final Certificate for Payment based upon at final inspection indicating that, tot the best ofthe Architect's knowledge, information, and belief, the Work complies with the requirements oft the  completion;  .2 issue Certificates of Substantial Completion;  required by the Contract Documents and received from the Contractor, and,  Contract Documents.  S 3.6.6.2 The Architect's inspections shall be conducted witht the Owner to check conformance of the Work with the requirements oft the Contract Documents and to verify the accuracy and completeness of the 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 tol be paid the Contractor, including the amountt tol be retained from the Contract Sum, if $ 3.6.6.4 The Architect shall forward to the Owner the: followingi information received from the Contractor: (1) consent ofsurety or sureties, ifany, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, reçeipts, releases and waivers ofliens, or bonds indemnifying the Owner: against liens; and (3): any other Init. AIA Document B101"-2 2017. Copyrighte 01 1974, 1978, 1987, 1997, 2007 and 2017by The American! Institute of Architects. Allr rights reserved. The "American Instituted of Architects,""AIA, theA AIALogo, and" "AIA Contract Documents" arer registeredt trademarks and may notb bey usedy withoutp permission. This document was produced byA AIAS software at 09:49:47ET on 01/06/2023 under Order No.31042374791 which expirès on 12/30/2023, isnotf forr resale. is licensedf ford one-time use 10 only, andr may only be usedi in accordances witht the AIA Contract Documents" Terms of Service. Tor report copyrights violations, e-mail copyright@aia.org.  Contractor ofy Work to be completed or corrected. any, for final completion or correction oft the Work.  documentation required oft the Contractor under the Contract Documents.  1  User Notes:  (1248487528)    $ 3.6.6.5 Upon request oft the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner tor review the facility  operations andj performance. $4.15 Supplemental Services  ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES  $4.1.1Thes services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only ifs specifically designated in the table below ast the Architect's responsibility, and the Owner shall compensate the Architect: as provided in Section 11.2.Unless otherwise specifically addressedi in this Agreement, ifneither the Owner nor the Architecti is designated, the parties agree thatt the (Designate the Architect's Supplemental. Services and the Owner's Supplemental Services required for thel Project by indicating whether. the Architect or Owner shalll be responsible for providing the identified. Supplemental. Service. Inserta description oft the Supplemental, Services in. Section 4.1.2 below or atlach the description ofs services as an  listed Supplemental Servicei 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 4.1.1.4 Existing facilities surveys $4.1.1.5 Site evaluation andj planning 4.1.1.6 Building Information Model management S 4.1.1.7 Development ofl Building Information Models for  Responsibility (Architect, Owner, or not provided) Architect Architect Owner Owner Architect Architect Architect Not Provided Not Provided Architect Architect Owner One(I)visit per week Contractor Contractor Contractor Architect Owner N/A Architect/ Owner Architect- conduit only Architect - conduit only Third Party N/A Architect - additional services Architect  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 9 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 $:4.1.1.13 On-site project representation $ 4.1.1.14 Conformed documents for construction $4.1.1.15 As-designed record drawings $4.1.1.16 As-constructed record drawings $4 4.1.1.17 Post-occupancy evaluation $4.1.1.18 Facility support services $4.1.1.19 Tenant-related services S 4.1.1.20 Architect's coordination of the Owner's $4.1.1.21 Telkcommunicationsdaa design $ 4.1.1.22 Security evaluation and planning $4.1.1.23 Commissioning 9 4.1.1.24 Sustainable Project Services pursuant to Section 4.1.3 $4.1.1.25 Fast-track design services S 4.1.1.26 Multiple bid packages  consultants  Init. AIA Document B101"- 2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and2 2017by The American Institute ofA Architects. Allr rights reserved. The" "American InstituteofA Architects," "AIA," the AIALogo, and" AIA Contract Documents": arer registeredt trademarks andr may notb be usedy without permission. This documenty was produced by AIAS software ato 09:49:47E ET on 01/06/2023 under Order No.3104237479) which expires. on 12/30/2023, isnotf forr resale, is licensedf for one-time use 11 only. and may only be usedi in accordance with theA AIA Contract Documentss Terms ofs Service. Tor report copyright violations, e-mail copyright@aa.org.  L  User Notes:  (1248487528)    Supplemental Services $4.1.1.27 Historic preservation  Responsibility (Architect, Owner, or not provided) Owner Owner Owner Owner  $ 4.1.1.28 Furniture, furnishings, and equipment design 54 4.1.1.29 Other services provided bys specialty Consultants 4.1.1.30 Other Supplemental Services S 4.1.2 Description of Supplemental Services  S 4.1.2.1 A description ofeach Supplemental Service identified in Section 4.1.1 ast the Architect'sr responsibility is (Describe inc detail the Architect's Supplemental. Services identified in. Section 4.1.1 or, ifset) forth in an exhibit, identif the exhibit. The AIA publishes ai mumber of Standard Form ofArchitect's. Services documents that can be  provided below.  included as an exhibit to describe the Architect's. Supplemental: Services.)  None unless authorized ins writing by Owner.  $4.1.22 A description of each Supplemental Service identified in Section 4.1.1 as the Owner'sr responsibilityis (Describe in detail the Owner's. Supplemental: Services identified in Section 4.1.1 or ifset forth in ane exhibit, identif  provided below. the exhibit.)  None unless authorized in writing by Owner.  $4.1.31fthe Owner identified; a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204TML-2017, Sustainable Projects Exhibit, attached The Architect may provide. Additional Services after execution ofthis Agreement without invalidating the. Agreement. Except fors services required duet tot the fault oft the Architect, any Additional Services providedi in accordance with this Section 4.2: shall entitle the Architect to compensation pursuant to Section 11.3a and: an: appropriate: adjustment in the S 4.2.1Upon recognizing the need toj perform the following Additional Services, the. Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving riset to the need. The Architect shall not proceed toj provide the following Additional Services until the Architect: receives the Owner's written authorization: .1 Servicès necessitated bya a change in the Initiall Information, previous instructions or: approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; 2 Services necessitated byt the enactment or revision of codes, laws, orregulations, 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 byt the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to1 requirements oft thel Instruments of Service when those Instruments of Service were .4 Services necessitated: by decisions of the Owner not rendered ina a timely manner or any other failure of pertormance on the part oft the Owner or the Owner's consultants or contractors; 5 Preparing digital models or other design documentation for transmission to the Owner'sc consultants .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; 7 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where  tot this Agreement. The Owner shall compensate the Architect as provided in Section 11.2.  $4.2A Architect's Additional Services 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;  .8 Evaluation oft thè qualifications of entities providing bids or proposals;  Init.. AIAI 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 AIALogo, and" "AIA Contract Documents" arer registered trademarks andr may notbe usedv without permission. This documenty was produced by AIA software ato 09:49:47ETon 01/06/2023 under Order No.3 3104237479 which expires on 12/30/2023, isr notf for resale. is licensed ford one-time use 12 only, andr may only be usedi ina accordance with theA AIA Contract Documents Terms ofs Service. Tor report copyright violations, e-mail copyrighi@aia.org.  I  User Notes:  (1248487528)    9 Consultation concerning replacement of Work resulting from fire or other cause during construction;  or,  .10 Assistance to the Initial Decision Maker, ifother than the Architect.  $4.22Toavoidd 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 ofthes services are not required, the Owner shall give prompt written notice tot the Architect of the Owner'si determination. The Owner shall compensate the Architect .1 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 suchi information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided: information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; 3 Preparing Change Orders and Construction Change Directives that require cvaluation ofContractor's proposals and: supporting data, or the preparation or revision ofI Instruments of Service; 4 Evaluating an extensive number ofClaims as the Initial Decision Maker; or, 5 Evaluating substitutions proposed by the Owner or Contractor andi making subsequent revisions to $4.2.31 The Architect shall provide Construction Phase Services exceeding thel limits set forthl below as Additional .1 two(2)reviews ofe each Shop Drawing, Product Data item, sample ands similar submittals oft the .2 one( (I)site visit per week to the site by the. Architect during construction .3 one(l)inspections for any portion of the. Work to determine whether such portion of the Work is substantially complete in accordance with the requirements oft the Contract Documents .4 one(1) inspections for: any portion of the Work to determine final completion.  for the services provided prior to the. Architect's receipt oft the Owner's: notice.  Architect;  Instruments of Service resulting therefrom.  Services. When the limits below are reached, the Architect shall notify the Owner:  Contractor  $4 4.2.41 Except for serviços required under Section 3.6.6.5: and those services that do not exceed the limits set forthi in Section 4.2.3, Construction! Phase Services provided more than 60 days after (I) the date ofSubstantial Completion nof 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 to the extent the Architect incurs $4.2.5Ifthes services covered by this Agreement have not been completed within forty-eight 48) months oft the date oft this Agreement, through no fault of the Architect, extension oft the Architect's services beyond that time shall be $5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information ina timely manner regarding requirements for and limitations on the Project, including a written program, which: shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; $.5.2The Owner shall establish the Owner's budget for the Project, including (I) 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 oft these costs. The Owner shall update the Owner's budget for the Project: as necessary throughout the duration oft the Project until final completion. Ifthe Owners significantly increases or decreases the Owner's budget fort the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree toad corresponding change in the $ 5.37 The Owner shalli identifyar representative: authorizedi to act on the Ovner'sbehalfwitht respect tot the Project. The Owners shall render decisions and approve the Architect's submittalsi inat timely manneri in ordert to avoid unreasonable  additional cost in providing those Construction Phase Services.  compensated. as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES  expandability; special equipment; systems; ands site requirements.  Project's scope and quality.  delay in the orderly ands sequential progress of the Architect's services.  Init.. AIA Document B101"- 2017. Copyright 01 1974,1 1978, 1987, 1997, 2007 and2 2017by The American Institute ofA Architects. Allr rights reserved. The" American Instituted of Architects," "AIA,"the AIALogo, and" "AIA Contract Documents" arer registered! trademarks andr may notb be usedy withoutp permission. This documenty was produced by AIA software at 09:49:47ET on 01/06/2023 under Order No.31042374791 whiche expires on1 12/30/2023, isr not forr resale. isl licensed for one-time use 13 only, andr may only be usedi in: accordances witht the AIA Contract Documents" Terms of Serviçe. Tor report copyright violations, e-mail copyrigh(@aia.org.  User Notes:  (1248487528)    S 5.41 The Owner shall furnish surveys to describe physical characteristics, legal limitations andi utilityl locations fort the site ofthe Project, and: a written legal description of the site. Thes surveys andl 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 of the: site; locations, dimensions, and other necessary data withs respect to existing buildings, other improvements and trees; andi information concering available utilitys services andl lines, both public andj private, above and below grade, including inverts and depths. All the information on the survey shall be referencedt to al Project S 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations ofs soilb bearing values, percolation tests, evaluations ofh hazardous materials, seismic evaluation, ground corrosion tests andi resistivity tests, including necessary operations for anticipating subsoil conditions, with written S 5.61 The Owner shall provide the Supplemental Services designated as the Owner's responsibility. in Section 4.1.1. S 5.71 Ifthe Owneri identifiedat Sustainable Objectivei in Article 1,t the Owner: shall fulfill its responsibilities as required $5 5.8 The Owner shall coordinate the services of its own consultants witht those services provided by the Architect.. Upon the Architect'sr request, the Owner shall furnish copies of thes scope ofs services int the contracts between the Owner andt the Owner's consultants. The Owners shall furnish the services of consultants other than those designatedas the responsibility: oft the Architect in this Agreement, or authorize the Architect to furnish them: as an Additional Service, whent the Architect requests such: services and demonstrates that they are reasonably required by thes scope of the Project. The Owner shall require thati its consultants and contractors maintain insurance, including professional S 5.91 The Owner shall furnish tests, inspections andi reports required by law ort the Contract Documents, such as structural, mechanical, and chemical tests, tests for: air and water pollution, and tests for hazardous materials. $5 5.10 The Owner shall furnish all legal, insurance: and: accounting services, including auditing servi ices, 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 of any fault or defect in the Project, including errors, omissions ori inconsistencies in the Architect's Instruments of Service. $ 5.12 The Owners shall include the. Architect in all communications: with the Contractor that relate to or affect the Architect'sservices: or professional responsibilities. The Owner shallj promptly notify the Architéct oft thes substance of any direct communications. between the Owner and the Contractor otherwise relating to the Project. Communications $5 5.131 Before executing the Contract for Construction, the Owners shall coordinate the Architect's duties and responsibilities set forthi in the Contract for Construction with the. Architect's services set forthi inj this Agreement. The Owners shall provide the Architectac copy oft the exécuted agreement between the Owner: and Contractor, including the $5.14The Owner shall provide the Architect access to the Project site prior to commencement oft the Work ands shall obligate the Contractor to provide the Architect access to the Work wherever itisi inj preparation or progress. $ 5.15 Within 15 days after receipt ofay written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the. Architect to evaluate, give notice of, or enforce lien rights: S 6.1 For purposes of this Agreement, the Cost of the Work: shall be the total cost to the Owner to construct all elements oft the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost oft the Work: alsoi includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost oft the Work does not include the compensation oft the Init. AIAI Document B101"-2 2017. Copyright 01 1974,1 1978, 1987, 1997, 2007 and 20176 by The Americanl Institute of/ Architects. Allrightsr reserved. The" "American Institute of Architects," *AIA,"theA AIALogo, and" "AIAC Contract Documents" arer registeredt trademarks andr may not bet usedy without permission. This document was produced! by AIA software ato 09:49:47 ET on 01/06/20231 under Order No.3104237479) which expires on 12/30/2023, isn notf for resale, is licensed for one-time use 14 only, andr may only be usedi ina accordances witht the) AIA Contract Documents" Terms of Service. Tor report copyright violations, e-mail copylighi@aia.org.  benchmark.  reports and appropriate recommendations.  in AIA Document E204P--2017, Sustainable Projects Exhibit, attached to this Agreement.  liability insurance, as appropriate tot the services or work provided.  by and with the Architect's consultants shall be through the Architect.  General Conditions oft the Contract for Construction.  ARTICLE 6 COST OF THE WORK  User Notes:.  (1248487528)    Architect; the costs oft thel land, rights-of-way, financing, or contingencies for changes in the Work; or other costst that. 56.2The Owner's budget for the Cost oft the Work isp provided in Initial Information, and shalll be adjusted throughout. the Project as required under Sections 5.2, 6.4: and 6.5. Evaluations of the Owner's budget for the Cost ofthe Work, and the preliminary estimate of the Cost oft the Work and updated estimates ofthe Cost ofthe Work, prepared by the Architect, represent the. Architect's judgment as a design professional. Itist recognized, however, that neither the Architect nor the Owner has control over the cost ofl labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work; or from any estimate oft the Cost oft the Work, or evaluation, prepared or agreed to by the Architect. $6 6.31 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 tol bei included in the Contract Documents; to recommend reasonable adjustments in thej program ands scope ofthe Project; and toi include design alternates as mayl be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate oft the Cost of the Works shall be based on current area, volume or similar çonceptual estimating techniques. Ifthe Owner requires a detailed estimate oft the Costo of the Work, the. Architect shall provide such an estimate, ifi identified as the Architect's: responsibility in Section 4.1.1, asa Supplemental Service. $6416, through no fault of the Architect, the Procurement: Phase has not commenced: within 90 days after the Architect submits the Construction Documents to the Owner, the Owner's budget for the Cost oft the Work shalll be adjusted. to1 reflect changes in the general level of prices in the applicable construction market. S 6.5Ifata any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost of the Work, and the Owner: shall cooperate with the Architect in making such adjustments. S 6.61 Ifthe Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services  are the responsibility oft the Owner.  is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increasc in the budget for the Cost oft the Work; .2 authorize rebidding or renegotiating of the Project within ar réasonable time;  .3 terminate in accordance with Section 9.5; the Cost oft the Work; or, .5 implement any other mutually acceptable alternative.  .4. in consultation with the Architect, revise thel Project program, scope, or quality as required to reduce  S 6.7 Ifthe Owner chooses toj proceed under Section 6.6.4, the Architect: shall modify the Construction Documents: as necessary to comply with the Owner's budget for the Cost oft the Work at the conclusion 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 oft the Work due to 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 Archiet'smolification of the Construction Documents shall be thel limit of the Archieetsresponsbly $7.1 The Architect and the Owner warrant thati in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner ofs suchi information or has permission from the copyright owner to transmit $ 7.21 The Architect and the Architect's consultants shall be deemed the authors and owners oft their respective Instruments ofs Service, including the Drawings and Specifications, and: shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service toi meet official regulatory requirements or for: similar purposes in connection with the Project ist not tol be construed as publication: in Init. AIA Document B101"  2017. Copyright @1 1974, 1978, 1987, 1997, 2007 and 2017 by The American! Institute ofA Architects. Allrights reserved. The" "American Institute of Architects," ""AIA," the/ AIALogo, and" "AIAC Contract Documents" arer registered trademarks andr may notbe usedy without permission, This document was produced! byA AIAs software ato 09:49:47ET on 01/06/2023 under Order No.31042374791 which expires on 12/30/2023, isr notf for resale. is licensed forc one-time use 15 only. andr may only be usedi ina accordance with the AIA Contract Documents" Terms ofs Serviçe. Tor report copyright violations, e-mail copytight@aia.org.  undert this Article 6.  ARTICLE 7 COPYRIGHTS AND LICENSES such information for its use on the Project.  derogation of the reserved rights oft the Architect and the Architect's consultants.  User Notes:  (1248487528)    S7 7.31 The Architect grants to the Ownera a nonexclusive license to uset the Architect's Instruments of Services solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11, The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Thel license granted under this section permits the Owner to authorize the Contractor, Subcontractors; Sub-subcontractors, and: 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 thel Project. Ifthe Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license grantedi int this Section $7.3.11 In the event the Owner uses the Instruments of Service without retaining the authors oft the Instruments of Service, the Owner releases the. Architect and Architect's consultant(s): from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees toi indemnify and hold harmless the Architect and its consultants froma all costs ande expenses, including the cost ofdefense, relatedt to claims and causes of action asserted by: any third person or entity to the extent such costs and expenses arise from the Owner's use ofthe Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply ifthe Owner rightfully: $7.41 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted ori implied undert this Agreement. The Owner shall not: assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to: another parly without the prior written agreement of the Architect. Any unauthorized use oft the Instruments of Service shalll be att the Owner's: sole risk and without liability tot the Architect and the Architect's $7.5 Except as otherwise: stated in Section 7.3, the provisions of this Article7s shall: survive the termination of this  7.3 shall terminate.  terminates this Agreement for cause under Section 9.4.  consultants. Agreement. $8.10 General  ARTICLE 8 CLAIMS AND DISPUTES  S 8.1.1The Owner: and Architect shall commence all claims and causes ofaction against the other: and arising out ofc or related to this Agreement, whether in contract, tort, or otherwise, ina accordance with the requirements of the binding dispute resolution method selectedint this Agreement andy within the periods specified bya applicable law, but in any case not more than 105 years after the date of Substantial Completion oft the. Work. The Owner and Architèct waive all $8 8.1.2To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each othera and: against the contractors, consultants, agents, and employees ofthe other for damages, excepts sucht rights ast they may havet to the proceeds ofs such insurance as set forthi in AIA Document A201-2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require oft the contractors, consultants, agents, and employees of any oft them, similar waivers inf favor of the other parties enumerated] herein. $ 8.1.3The Architect and Owner waive consequential. damages for claims, disputes, or other matters in question, arisingo out ofc or relating to this Agreement. This mutual waiver is applicable, without limitation, to: all consequential damages due to either party's termination of this Agreement, except as specifically provided in Sections 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. Ifs such matter relates to or is the subject ofal lien arising out ofthe Architect'sservices, the Architect: may proceed in: accordance: witha applicable law to comply witht the lien notice or filing deadlines prior tos resolution of the matter by mediation or by binding dispute resolution. $8 8.2.2 The Owner and. Architect shall endeavor to1 resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shalll be administered under the NCI Rules for Mediated: Settlement Conference: and other Settlement Procedures in Superior Court. A request for mediation: shalll be made in. writing, delivered to the other party to this Agreement, and filed with thej person or entity administering the Init. AIAD Document B101"-2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017by The American Institute ofA Architects. Allr rights reserved. The" "American Institute of/ Architects,"*AIA" the AIALogo, and" "AIAC Contract Documents": arer registered trademarks andr may notb bet usedw withoutp permission. This document was produced by AIAS software ato 09:49:47ET on 01/06/2023 under Order No.3104237479) which expires on 12/30/2023, is notf for resale, is licensedf for one-time use 16 only, andr may only be used ina accordances witht the AIA Contract Documents> Terms of Serviçe. Tor report copyrighty violations, e-mail copyright@aia.org.  claims and causes of action not commenced in accordance with this Section 8.1.1.  S 8.2 Mediation  User Notes:  (1248487528)    mediation. The request may be made concurrently with the filing ofa complaint or other appropriate demand for binding dispute resolution but, in suche event, mediation: shall proceed in advance of binding dispute resolution proceedings, which shall be: stayed pending mediation for aj period of60 days fromt the date of filing, unless stayed for al longer period by agreement of the parties or court order, Ifan arbitration proceeding is stayed pursuant to this section, they parties may nonetheless proceed to the selection of the: arbitrator(s) and agree upon as schedule for later $ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be heldi in the place where thel Project is located, unless another location is mutually agreed upon. Agreements reachedi in mediation shall $8.2.4Ifther parties do not resolve a dispute through mediation ins section 8.2.2: above, ther method of binding dispute  proceedings.  bec enforceable as settlement agreements in any court having, jurisdiction thereof. resolution shall be Litigation in Macon County, North Carolina, Superior Court. [xI Litigation in a court of competent jurisdiction  (Check the appropriate box.) (Paragraphs deleted) jurisdiction. $8.3A Arbitration  Ifthe Owner: and Architect do not select a method of binding dispute resolution, or do nots subsequently agree in writing toab binding dispute resolution: method other than litigation, the dispute willbe resolvedi ina acourt of competent $ 8.3.11 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration. Association in: accordance withi its Construction Industry Arbitration Rules in effect on the date oft this Agreement.. A demand for arbitration shall be made in writing, delivered to the other party to this $ 8.3.1.1 Ad demand for arbitration: shall be made no carlier than concurrontly with the filing ofar request fori mediation, but ini no events shalli itl be made after the dates whent thei institution ofl legal or equitable proceedings based ont the claim, dispute or other matter in question would be barred by the applicable statute ofl limitations. For statute ofl limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute thei institution of legal or equitable proceedings based on the claim, dispute or other matter in question. 58 8.3.2The foregoing agreement to: arbitrate, and othera agreements to: arbitrate witha an additional person or entity duly çonsentedt to by parties to this Agreement, shall be specifically enforceable. in: accordance with applicable law in any S8 8.3.3The award rendered by the arbitrator(s) shall be final, andj judgment may be entered upon iti in accordance with S 8.3.4.1 Either party, ati its sole discretion, may consolidate an: arbitration conducted under this Agreement with any other arbitration to whichi iti is aj party provided that (1) the arbitration agreement goveming the other arbitration permits consolidation; (2) the: arbitrations to be consolidated substantially involve common questions ofl law or fact: and (3) the arbitrations employ materially similar procedural rules andi methods fors selecting arbitrator(s). $ 8.3.4.2 Either party, ati its sole discretion, may include by joinder persons or entities substantially involvedina common question of law or fact whose presence: is required ifo completer reliefist to be: accorded in: arbitration, provided that the party sought tol bej joined consents in writing tos 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 not  Agreement, and filed with the person or entity administering the arbitration.  court having jurisdiction thereof.  applicable law in any court having jurisdiction thereof.  S 8.3.40 Consolidation or, Joinder  described in the written consènt.  Init. AIAI Document B101" 2017. Copyright @1 1974. 1978, 1987, 1997. 2007 and2 2017by The American! Institute of/Architects. Allr rights reserved. The" American Instituted ofA Architects," "AIA," the AIALogo. and" "AIA Contract Documents": arer registeredt trademarks: andr may notbeu usedy without permission. This document was producedb by AIAs software at0 09:49:47E ET on 01/06/2023 under Order No.31042374791 which expires on 12/30/2023, isn notf forr resale, is licensed forc one-time use 17 only, andr may only be usedi ina accordance with theA AIA Contract Documents" Terms of Service. Tor report copyright violations, e-mail copyrighi@aia.org.  User Notes:  (1248487528)    S 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  Architect under this Agreement.  $ 8.41 Thej provisions oft this Article 8 shall: survive the termination oft this Agreement.  ARTICLE 9 TERMINATION OR SUSPENSION  $9.1Ifthe Owner fails to make payments tot the Architect in accordance witht this Agreement, such failure shall be considered. substantial nonperformance and cause fort termination or, at the. Architect'soption, cause fors suspension of performance. ofs services under this Agreement. Ift the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. Ini thes event ofas suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because ofs such suspension of services. Before resuming services, the Owner: shall pay the Architect all: sums due prior to: suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the $9.21f0 the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the. Project is resumed, the, Architect shall be compensated fore expenses incurred in the interruption and resumption of the Architect'sservices. The Architect's fees for the remaining services and the time $9.3Ifthe Owner suspends the Project for more than 90 cumulative days forr reasons other than the fault oft the Architect, the Architect may terminate this Agreement by giving not less thans 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 toj perform ina accordance with the terms of this Agreement through not fault ofthe party initiating the $9.51 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the $9.61 Ifthe Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the: Owner shall compensate the. Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable tot termination, including the costs attributable to $9.71 In addition to any: amounts paid under Section 9.6, ifthe Owner terminates this Agreement fori its convenience pursuant to Section! 9.5, or the Architect terminates this Agreement pursuant to Sections 9.3, the Owner: shall payt tot the (Set forth below the amount of any termination or licensing, fee, or the method for determining any termination or  remaining services and the time schedules shall be equitably adjusted.  schedules shalll be equitably adjusted.  termination.  Owner's convenience and without cause.  the. Architect's termination of consultant agreements.  Architect the following fees: licensing fee.)  .1 Termination Fee: $0.00 By Owner  2 Licensing Feci ift the Owner intends to continue using the Architect's Instruments. of Service:  S 9.81 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of $ 9.91 The Owner'sr rightst to use the Architect's Instruments of Service in the event ofat termination oft this Agreement  Substantial Completion.  are set forth in Article 7: and: Section. 9.7.  Init. AIA Document B101" -2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and. 20175 by The American Institute ofA Architects. Allrightsr reserved. The" American Institute ofA Architects," "AIA, the AIAL Logo, and" "AIA Contract Documents" arer registered trademarks andr may notbe usedy without permission, This document was produced! byA AIAS software ato 09:49:47ET on0 01/06/2023 under Order No,3104237479 which expires on 12/30/2023, isnotf for resale, isl licensedf for one-time use 18 h only, andr may only be used in accordançes witht the AIA Contract Documentss Terms ofs Service. Tor reportc copyright violations, e-mail copyigntgaa.org.  User Notes:  (1248487528)    ARTICLE 10 MISCELLANEOUS PROVISIONS Federal Arbitration. Act shall govern Section 8.3. Conditions oft the Contract for Construction.  $ 10.1This Agreement shall be governed by the law oft the place where the Project is located, excluding that jurisdiction's choice oflaw rules. Ifthe parties have selecteda arbitration: ast the method oft binding dispute resolution, the $1 10.2Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General $1 10.3The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives tot this Agreement. Neither the Owneri nor the Architect shall assign this Agreement without they written consent oft the other, except that the Owner may assign this Agreement toa al lender providing financing for the Project ifthel lender agrees toz assume the Owner'sr rights and obligations under this Agreement, including any payments duct to $1 10.4IFthe Owner requests the. Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior tot the requested dates of execution. Ifthe Owner requests the. Architect to execute consents reasonably required to facilitate assignment to al lender, the. Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent iss submitted to the Architect forr review at least 14 days prior to execution. The Architect shall not be required to execute certificatès or consents that would require knowledge, services, or responsibilities beyond the scope oft this Agreement. $1 10.5Nothing contained in this Agreement shall create: a contractual relationship with, ora cause of action in favor. S 10.6Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of! persons to, hazardous materials or toxic substances in: any $.10.7The Architect: shall have the right toi include photographic or artistic representations of the design ofthel Project among the Architect's promotional andj professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall noti include the Owner's confidential or proprictary information ift the Owner has previously advised the Architect in writing oft thes specific information considered by the Ownert tol be confidential or proprietary. The Owners shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. S1 10.8Ifthe Architect or Owner receives information specifically designated: as' 'confidential" or' "business proprietary," the receiving party shall keep suchi information strictly confidential and shall not disclose it to any other person except as set forthi in Section 10.8.1. This Section 10.8 shall survive the termination oft this Agreement. S 10.8.1 The receiving party may disclose 'confidential" or' business proprietary": information: after 7 days' noticet to the other party, when required byl law, arbitrator's order, or court order, including as subpoena or other form of compulsory legal process issued by a court or governmental: entity, or tot the extent such information is reasonably necessary for the receiving party to defend itselfi in any dispute. Ther receiving party may also disclose such information toi its employees, consultants, or contractors in order to perform services or work solely and exclusively for.t the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure $ 10.91 The invalidity ofa any provision of the Agreement shall not invalidate the. Agreement ori its remaining provisions. Ifiti is determined that any provision oft the Agreement violates any law, ori is otherwise invalido or unenforceable, then that provision shall be revised tot the extent necessary to make that provision legal and enforceable. Ins such case the. Agreement shall be construed, to the. fullest extent permitted by law, to give effect to the $ 11.1For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as Instituteo of Architects," "AIA, the/ AIALogo. and" "AIA Contract Documents": arer registeredt trademarks andr may notbe usedy without Allrights permission. This document was produced by AIA software ato 09:49:47ET on 01/06/20231 under Order No.31042374791 whiche expires on1 12/30/2023, isn notf for resale. isl licensed ford one-time use 19 only, andr may only bew usedi ina accordance with theA AIA Contract Documents" Terms of Service. Tor report copyright violations, e-mail copyrighi@aia.org.  the Architect by the Owner prior tot the assignment.  of,a third party against either the Owner or Architect.  form at the Project site.  and use of such information as set forthi int this Section 10.8.  parties" intentions andj purposes in executing the Agreement.  ARTICLE 11 COMPENSATION  follows;  Init. AIAI Document B101" 2017. Copyrighte 01 1974, 1978, 1987, 1997, 2007 and2 20175 by The Americanl Institute ofA Architects.  reserved. The" American (1248487528)  User Notes:    Stipulated Sum (Insert amount) $44,401.00 .2 Percentage Basis (Insert! percentage value)  .3 Other  (Describe the mellodofcompensation,  $1 11.2For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services (Isertamount of or basis for, compensation. Ifnecessary, list, specificservices. towhich particular methods of  required pursuant to Section 4.1.3, the Owner: shall compensate the. Architect as follows:  compensation apply.)  $ 11.3 For Additional Services that may arise during the course oft the Project, including those under Section 4.2, the  Owner shall compensate the Architect as follows: (lusert amount o, or basis for; compensation.)  $11.4Compensation for Supplemental: and Additional Services of the Architect's consultants when not included in Scction 11.2 or 11.3, shall be the: amount invoiced to the Architect plus percent %), or as follows: (Insert amount of or basis for computing: Archilect's consultants" compensation, for Supplemental: orz Additional  Services.)  $-11.5 When compensation for Basic Services is based on a stipulated sum orap percentage basis, the proportion of  compensation for eachy phase of services shall be as follows:  Phaseland: Phase III Schematic Design Phase Design Development Phase Construction Documents Phase Procurement Phase Construction Phase Close-out Total Basic Compensation  ten. percent ( fifteen percent ( thirty-five percent ( five percent ( thirty percent five one hundred percent  10 %) 15 %) 35 %) 5 %) 30 %) 5 100 %)  $ 11,6 When compensation identified in Section 11.1 is on aj percentage basis, progress payments for each! phase of Basic Services shalll be calculated by multiplying the percentages identified int this Article by the Owner'si most recent budget for the Cost oft the Work. Compensation; paid inj previous progress payments shall not be adjusted based on S 11.6.1 When compensation is on aj percentage basis and: any portions oft the Project are deleted or otherwise not constructed, compensation: for those portions of the Project shall be payable to the extent services are performed on Init. AIA Document B101" 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017by The American! Institute of Architects., Allr rights reserved. The* "American Instituteo of Architects," "AIA," the AIALogo, and"AIAC Contract Documents" are registeredt trademarks andr may nolb be usedy without permission. This document was produced byA AIAs software ato 09:49:47E ET on 01/06/20231 under Order No.3104237479 which expires on 12/30/2023, is notf forr resale. is licensedf one-time 20 only, andi may only be used in accordance with theA AIA Contract Documents" Terms of Service. Tor report copyright violations, e-mail copyright@aia.org. forc  subsequent updates tot the Owner's budget for the Cost oft the Work.  1  use (1248487528)  User Notes:    those portions. The Architect shall be entitled to compensation in accordance witht this Agreement fora all services $11.7The! hourly billing rates for services of the Architect and the Architect's consultants are set forth below. The: rates shall be adjusted in: accordance with the Architect's and Architect's consultants' normal review practices.  performed whether or not the Construction Phase is commenced.  (fapplicable, attach an exhibit ofl hourly billing rates or insert them below.)  Sce Exhibit C..  Employee or Category  Rate ($0.00)  $ 11.8 Compensation for Reimbursable Expenses  $11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as  follows: .1 (Paragraphs deleted) (Paragraphs deleted)  Printing, reproductions, plots, and standard form documents;  2 Expense of overtime work requiring higher than regular rates, ifauthorized in advance by the Owner; S 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the  Architect's consultants plus zero percent (0%) oft the expenses incurred..  Not to Exceed $1,500.00  $11.9A Architect's Insurance. Ifthe types and limits of coverage required in Section 2.5 are in addition tot thet types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the (Insert the additional coverages the. Architect is required 10 obtain in order tos satisf the requirements set forth in  Architect for the additional coverages as set forth below: Section 2.5, and for which the Oner shall reimburse the Architect.)  S 11.10 Payments to the. Architect $ 11.10.1 Initial Payments  S 11.10.1.1 An initial payment ofz zero (S0 )shall be made upon execution of this Agreement andi is the minimum payment under this Agreement. Its shall be credited to the Owner's account int the final invoice. $ 11.10.1.21 Ifa Sustainability Certification is part of the Sustainable Objective, ani initial payment to the Architect of N/A ($1 N/A)s shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and neçessary 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 isi incurred. $ 11.10.2.1 Unless otherwise agreed, payments fors services shall be made monthly in proportion tos services performed. Payments are due andj payable upon presentation oft the Architect'sinvoice. Amounts unpaid forty-five (45) days after the invoice date shall beari interest at the rate entered below, ori in the absence thereof at the legal rate  $ 11.10.2 Progress Payments  prevailing from time tot time at the principal place of business of the Architect. (Insert rate ofmonthly or anmal interest agreed upon.)  1.5 % per month  $ 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose aj penalty or liquidated damages on the Architect, or to offset sums requested by or paidi to contractors for the cost of changesi int the Work, unless the. Architect agrees or has been found liable for the amounts inab binding dispute resolution proceeding. Init.. AIA Document B101" 2017. Copyright 91 1974, 1978. 1987, 1997, 2007 and2 2017by The Americanl Institute of Architects. Allr rights reserved. The "American Institute of Architects,""AIA, the AIAL Logo. and" "AIA Contract Documents" arer registered trademarks andr may notbe usedy withoutp permission. This documenty was produced by AIAs software at0 09:49:47ET on 01/06/2023 under Order No.31042374791 whiche expires on 12/30/2023, is notf forr resale, is licensed for one-time use 21 only andr may only beu usedi ina accordance with theA AIA Contract Documents" Terms of Service, Tor reporto copyright violations, e-mail  User Notes:  copyrighi@aia.org. (1248487528)    $ 11.10.2.31 Records of Reimbursable Expenses, expenses pertaining to Supplemental: and Additional Services, and services performed on the basis ofl hourly rates shall be available tot the Owner at mutually convenient times.  ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.)  ARTICLE 13 SCOPE OF THE AGREEMENT  $-13.1This Agreement represents the entire andi integrated agreement between the Owner: and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral, This Agreement may be  amended only by written instrument signed by both the Owner and Architect. S 13.2This Agreement is comprised oft the following documents identified below:  .1 AIA Document B101TNL-2017, Standard Form. Agreement Between Owner and Architect  .2 Exhibits: .3 (Paragraphs deleted) Other documents:  Exhibit A - Scope of Services Exhibit B- Project Schedule Exhibit C- Hourly Rates  (List other documents, ifany forming part oft the. Agreement.)  This Agreement entered into as of the day; and year first written above.  OWNER (Signature) Paul Higdon Chairman Macon County Board ofCommissioners (Printed name and title)  amampary Paul Davis Boney, FAIA Leader  Principal  Vice Chair Senior Vicel President K12Practice (Printed name, title, and license mmmber ifrequired)  OWNER (Signature) Jim] Breedlove Board. Chairman Macon County Board of Education (Printed name and title)  Init., AIA Document B101"- 2017. Copyrighte 1974, 1978, 1987, 1997, 2007 and2 2017 by The American! Institute ofA Architects, Allr rightsr reserved. The" "American InstituteofA Architects," "AIA, the AIALogo, and" "AIA Contract Documents" arer registered trademarks andr may notb be usedy without permission. This document was produced byA AIAs soflware ato 09:49:47ET on 01/06/2023 under Order No.31042374791 which expires on1 12/30/2023, is notf forr resale. is licensed ford one-time use 22 only. andi may only be usedi in accordance witht the AIA Contract Documents Terms ofs Service. Tor report copyright violations, e-mail copyrighi@ala.org.  User Notes:  (1248487528)    EXHIBIT A SCOPE OF SERVICES January 04, 2023  Highlands Middle School Renovation Project  Renovations to the existing stand-alone middle school building at Highlands School. Scope of work includes:  Roof Replacement HVAC System Replacement Window Replacement Flooring Replacement Projected Budget = $634,300.00  Fee  $44,401.00    EXHIBIT B PROJECT SCHEDULE January 04, 2023  Highlands Middle School Renovation Project  Middle School Renovations Begin Design 10. January 2023 Schematic Design Submittal 1February 2023 Design Development Submittal 28 February 2023 Construction Documents Submittal 31 March 2023 Bids Received 30 April 2023 1June 2023 Complete Construction 31July 2024  Award Contracts and Groundbreaking    EXHIBITC January 04,2023  HOURLY RATES and OWNER RESPONSIBILITIES Highlands Middle School Renovation Project  Hourly Rates: Any LS3P hourly rates for additional services must be authorized in advance by 2022LS3P Architects Hourly Bill-Out Rates (Subject to Change on an Annual Basis):  Owner.  Principal in Charge Project Architect Design Staff Interior Designer Administrative Staff responsibility ofOwner:  $180.00/hr. $140.00/hr. $115.00/hr. $105.00/hr. $100.00/hr.  Owner Responsibilities. The following are necessary services that must be completed and shall be the  Topographical Survey  Geotechnical Engineering and Special Inspections  Optional Additional Services and Special Consultants not included in Basic Services but may be provided for additional feei if completed by Architcct upon approval by the Owner  Additional services shall be billed as a: factor of1.0.  Outsourced Professional Renderings or highly rendered images, models, or mockups (Basic renderings for use in study and development of the project design are included in basic services fee, but finish quality renderings for use in special presentations, outreach, fundraising, etc., are  not included.)  Special Consultants outside ofthe services consultants listed in this proposal. Interior Design other than Architectural Finishes. (FF&E) Third Party Acoustical Consulting, Acoustical Modeling, Acoustical Testing Daylighting Modeling or Energy Modeling Audio Visual Equipment Environmental Assessments /E Environmental Impact Statements Permitting and review fees Life Cycle Cost Analyses tob bei included)  Multiple designs documented in construction documents (Minor bid alternates for budget control  LEED or other green building certification Specialty envelope consultants Commissioning Services  Coordination with additional owner third-party consultants.    COU  MACON COUNTY NORTH CAROLINA  SST.  Request for Proposals  Fiber Optic Deployment and Network Operator  Nantahala Township  RFP No: Date:  02-119900, RC1 January 6, 2023 March 3, 2023, 4:00PM EST  Proposal Submission Deadline:  Prepared for Macon County by Little T Broadband Service, Inc..    Request for Proposals  Macon County, NC  EXECUTIVE SUMMARY  The County of Macon, North Carolina, seeks proposals from qualified internet service providers to deploy and operate a high-speed fiber to the premises network within Nantahala Township. The County will offert funding in the form of a general funds grant to help subsidize a portion of The project defined in this Request for Proposals is the first part of a three-phase plan to bring high-speedi internet service to Nantahala Township and is referred to as Nantahala Phase 1. The goal oft this initial phase is to establish fiber infrastructure int thej primary population corridors of the Township in and around Nantahala Lake within 2 years. The fiber deployed for this phase will initially be used to provide high-speed internet service to four Countyf facilities and as many residences and businesses as possible located within 500 feet of the fiber routes.  the infrastructure cost.  Proposed fiber deployment method: Proposed primary fiber distances: Number of County façilities to be connected: 4  aerial 11.6 miles  RFP Schedule Date  Milestone  Description  01-23-2023 RFP Release 02-03-2023 RFP Intent to Respond 03-03-2023 RFP Deadline to Respond Submission and Contact Information  RFP Posted for general public release. Potential providers Providers interested ini responding to thel RFP are requested ton notify the County ofi intent to respond. Response proposals submitted to the County.  notified.  Proposal Submission: Per applicable NC: statutes, all proposals received by the County must be enclosed in a sealed envelope and either delivered by! hand or USPS to the following address.  Macon County Finance Department Attn.: Ms. Lindsay Leopard 5 West Main Street Franklin, North Carolina 28734  RFP Email Inquiries:  MCéroadbandkPeittletbrodpandors  RFP No: 02-119900-RC1  Page 2of21    Request for Proposals  Macon County, NC  TABLE OF CONTENTS EXECUTIVE SUMMARY TABLE OF CONTENTS. REVISION HISTORY. DOCUMENT REFERENCES 1, OVERVIEW 1.1. PURPOSE 1.2., BACKGROUND. 1.3. OBJECTIVE. 1.4. RFP SCHEDULE. 2. SCOPE OF WORK 2.1. SERVICE AREA. 2.2. INITIAL FIBER DEPLOYMENT. 2.3. FIBER NETWORK REQUIREMENTS 2.4. SERVICE REQUIREMENTS. 2.5. COUNTY FACILITY: SERVICE PROVISIONS, 2.6. RESIDENTIALA AND BUSINESS SERVICE PROVISIONS. 2.7. DESIRED DEPLOYMENT SCHEDULE. 3. GRANT PROVISIONS, 4.1. PROVIDER ELIGIBILITY.. 4.2. REQUIRED PROPOSAL ELEMENTS.. 4.3. AGREEMENT REQUIREMENTS. 5. EVALUATION CRITERIA. 6. ADMINISTRATIVE. 6.1. PROPOSAL: SUBMISSION INSTRUCTIONS. 6.2. SIGNATURES. 6.3. PROPOSAL DOCUMENT FORMATS 6.4. INQUIRIES AND QUESTIONS RELATED TOI RFP OR PROJECT. 6.5. AVAILABILITY OF SUPPORTING MAP! DATA. 6.6.: EVALUATION. 6.7. AGREEMENTS 6.8. DELAYS OR WITHDRAWAL. 7. OTHER PROPOSALS. 8. MISCELLANEOUS. 8.1. PROVIDER: SELECTION. 8.2. RIGHT TO REJECT OR WAIVE. 8.3. FRANCHISE. 8.4. DISPUTES. 8.5. CAB GRANTS.. GLOSSARY OF TERMS RFP No: 02-119900-RC1  NANTAHALA BROADBAND PROJECT INFORMATION.  1.5. PROPOSAL SUBMISSION AND CONTACT INFORMATION.  10 10 11 11 11 11 12 14 15 15 15 16 16 16 16 16 16 17 17 18 18 18 18 18 18 19  4. RFP RESPONSE PREPARATION INSTRUCTIONS. AND REQUIREMENTS.  Page 3of21    Request for Proposals  Macon County, NC  REVISION HISTORY  Date  Revision  Editor  Description  10-22-2022 0.0 Jeff Lee 11-30-2022 0.4 Jeff Lee 01-06-2023 RC1 Jeff Lee  Document creation Review Draft  Release Candidate 1-1 for review by MCI BOC  DOCUMENT REFERENCES  Document  Revision V1.0  Description  Macon County Broadband Expansion Proposal for Nantahala  Initial proposal which outlines a plant to expand Township of Macon County  Nov 10, 2022 broadband infrastructure in Nantahala  RFP No: 02-119900- = RC1  Page 4 of21    Request for Proposals  Macon County, NC  NANTAHALA BROADBAND PROJECT NFORMATION  1. OVERVIEW 1.1. Purpose  Through this Request for Proposals, the County of Macon, North Carolina seeks proposals from unaffiliated qualified internet service providers to deploy and operate a high-speed fiber to the premises network within Nantahala Township located in northwestern Macon County. Such a high-speedi network is desired to improve safety and education for residents and promote general economic development for businesses in the area. Based on responses received for this RFP, the County intends to: select a qualified Provider and enterinto an agreement to start the  project. 1.2. Background  Nantahala Township is a rural and remote community in Northwest Macon County. Primary access to this community from central Macon County is gained via Wayah Road by traversing Wayah Gap. The area is also accessible from Cherokee County to the west via Junaluska Road, The terrain in this area is very rugged and composed as a series of creek valleys and gorges that feedi into Nantahala Lake. The primary population in the area lies to the northern and eastern sides of Nantahala Lake, with a more isolated community located on the west side of the lake Nantahala Township currently has no high-speed broadband internet service available to businesses and residences. Though solutions may be possiblei in a 2-6-year timeframe from either the Frontier GREAT grant or Charter RDOF awards, neither of these programsare guaranteed. The County therefore wishes to accelerate the deployment of broadband to bring much needed connectivity and help to improve education, safety, and economic development  or from Swain County and US 74 to the north via Wayah Road..  and south of the dam.  too citizens int this area.  1.3. Objective  After completing numerous studies of alternative technology solutions with multiple consultants and providers, the County believes that a fiber solution is needed to meet coverage, reliability, and longevity requirements. The County has therefore defineda broadband expansion plan that would develop critical fiber infrastructure needed to! bring high- speed broadband service into Nantahala Township area in three deployment phases. The The fiber infrastructure deployed during this phase is intended to initially provide connectivity tot four County facilities, and: some number of residences and businesses within 5001 feet of the primary fiber routes. Iti is also intended that fiber infrastructure deployed during Nantahala Phase 1 will be used for expansion of service to additional residences and businesses through  project specified in this RFP is defined as Nantahala Phase 1.  subsequent deployment phases.  RFP No: 02-119900-RC1  Page 5of21    Request for Proposals  Macon County, NC  In accordance with N.C.G.S. 153A-349.60. Authorization to Provide Grants, the County is prepared to provide grant funding through a grant agreement to subsidize aj portion oft the infrastructure cost. Additionally, the County is willing to offer and enter into Right of Way and Co-location Easement agreements as needed to assist the chosen Provider in developing and  deploying the required fiber infrastructure.  1.4. RFP Schedule Date  Milestone  Description  01-23-2023 RFP Release 02-03-2023 RFP Intent to Respond 03-03-2023 RFP Deadline to Respond  RFP Posted for general public release. Potential Providers Providers interested inr responding to the RFP are requested tonotifyt the County ofi intent to respond. Response proposals submittedi to the County  notified  1.5. Proposal Submission and Contact Information  Per applicable NC: statutes, all proposals and supporting attachments received by the County must be enclosed in a sealed envelope and either delivered by hand or USPS to the following  address.  Macon County Finance Department Attn.: Ms. Lindsay Leopard 5West Main Street Franklin, North Carolina 28734  RFP Email Inquiries: MCeroadbandkEPeittetbroadbanders  To be considered for: selection, a proposal must be received by 4:00 p.m. ESTI Monday, March 3, 2023. Any proposals received after this deadline will not be accepted or considered.  RFP No: 02-119900-RC1  Page 6of21    Request for Proposals 2. SCOPE OF WORK 2.1. Service Area  Macon County, NC  Macon County seeks a qualified Provider of high-speed internet service to implement the Nantahala Phase 1 project. The intended coverage area of Nantahala Township in northwest  Macon County is shown int thet following map.  0.5  Ailes  SANASA. NGA, USGS. FEMAS State ofNorth  Gegrechnologie  Map Legend  Macon County Boundary AddressNC Servicable Locations Frontier GREAT Award Locations  FCC RDOF904 Ineligible Areas FCC477 GREAT/CAB Eligible Areas  RFP No: 02-119900- -RC1  Page 7of21    Request for Proposals  Macon County, NC  Within the above map, blue dots indicate AddressNC broadband serviceable locations within the Township, and red dots indicate those locations awarded tol Frontier under the GREAT2022 program that may be served by 2025. Regions in tan represent RDOF areas awarded to Charter Communications that may be served by 2028. Areas in green represent those expected to be  eligible for the future NC CAB grant program in 2023.  2.2. Initial Fiber Deployment  The Nantahala Phase 1 project is intended to create primary fiber infrastructure along the  major corridors int the area which include:  Wayah Road Junaluska Road  A VFR Substation  OTTER, MOUNTAIN  ats  Recreation, Center  JunaluskaRecyling, Center  leNantahala Library/cc  uNantahala VER  Nantahala EMS  MOUNTAIN VAMBERT  4180R  5283A  1602A 0,5 ES,NASA NGA, USGS, FEMANBtate  Milesisgn  arolina DOT Esri HERE armin, SafeG  GeoTechnol  Map Legend  Proposed Phase 1 Fiber  Nantahala County Facilities  RFP No: 02-119900-RC1  Page 8of21    Request for Proposals  Macon County, NC  Given the rugged terrain in the area, it is anticipated that aerial fiber deployment along the Duke Energy power pole infrastructure will be the most cost-effective approach. However, this  will not preclude a Provider from deploying buried fiber where desired. The following table lists the estimated fiber distances anticipated.  Fiber Segment  Endpoints  Estimated Distance Deployment Method  Wayah Road North Winding Stairs Road Junaluska Road Wayah Road South Junaluska Road -Lake Drive Junaluska Road Wayah Road -Old River Road 2.3. Fiber Network Requirements  5.91 miles 2.51 miles 3.2 miles  Aerial Aerial Aerial  The Nantahala Phase 1 fiber deployment must meet the following requirements: Network should be capable of delivering up to 2Gbps/2Gbps via direct FTTH: service Deployed fiber must be capable of supporting future performance (speed) upgrades Deployed fiber must have the capacity (strand count) tos support future coverage expansion All electronics and optics must be field upgradable to: support future performance and Deployed fiber must provide a service life expected to exceed 20 years.  capacity expansion  2.4. Service Requirements  Multiple speed tier fiberi internet service plans available Available basic and lifeline VoIP telephone service No/low-cost access plans available through the FCC ACP program  RFP No: 02-119900-RC1  Page 9of21    Request for Proposals  Macon County, NC  2.5. County Facility Service Provisions  The following County facilities are candidates for connection. Connection of the facilities marked as "Required: Yes" are necessary components of Nantahala Phase 1.  Facility Nantahala Library /Community Center Nantahala EMS Nantahala VFR Nantahala Recreation Center Nantahala' VFR Substation (North) Nantahala VFR location) Nantahala Junaluska Recycling Center  Address  Description  Service Type Wired for computers Protected WiFi Public WiFi Wired for computers Protected WiFi Public WiFi Protected WiFi Public WiFi Public WiFi Wired for computers/security Protected WiFi Wired for computers/security Protected' WiFi Public' WiFi  Required Yes Yes Yes Yes No No No  36 White Oak Lane New libraryand Topton, NC28781 community building  under development  1096. Junaluska Rd Topton,  NC28781 Existing regional EMS  19036 Wayah Rd, Existing primary fire Wired for computers  Topton, NC: 28781 and rescue 2341. Junaluska Rd Existing public rec Topton, NC28781 center 405 Windingstairs Rd  Topton NC: 28781 Existing substation  New substation development  Substation (Future West 5301. Junaluska Rd, facility under  Andrews, NC2 28901  2347. Junaluska Rd Existing recycling Topton, NC28781 center  2.6. Residential and Business Service Provisions  Ina addition to creating needed fiber infrastructure and connecting key County facilities, the Nantahala Phase 1 project also seeks to connect residences and businesses within 5001 feet of the primary fiber deployment. Within the 11.6 miles served by the proposed corridor fiber deployment, there are 231 estimated locations within 5001 feet that can be served. Note: There are regions along the proposed fiber routes that are eligible for the upcoming NC CAB Grant program and are shaded green on the map in Section 2.1. At the time of this RFP release, it is recommended that the Nantahala Phase 1 project exclude connection in these areas to maintain their eligibility for NC CAB funding, with the intent that these locations will be served during a Nantahala Phase 2 project funded through CAB. The above estimated location count does noti include these locations. This recommendation may be revised in the future once  the CAB program is officially released.  RFP No: 02-119900-RCI  Page 10 of21    Requestf for Proposals  Macon County, NC  2.7. Desired Deployment Schedule  Aj primary goal of this project is to accelerate the deployment of high-speed internet services beyond what can be accomplished through longer term and less certain federal and state grant programs. Accordingly, the County desires the completion of Nantahala Phase 1 within two (2)  years from execution of final agreements.  3. GRANT PROVISIONS  Ina accordance with N.C.G.S. 153A-349.60.. Authorization to Provide Grants, Macon County is prepared to provide partial grant funding for Nantahala Phase 1. The purpose of such grant funding is to create the availability of! high-speed Internet service in the Nantahala Township of Macon County. This area is currently unserved by high-speed Internet access service, and sucha a grant would be used to promote safety, education, and economic development in the area. The grant amount to be allocated from Macon County general funds shall not exceed $400,000.00. The grant funding awarded shall be made available to the: selected Provider upon execution ofa All funding from Macon County must be applied during the two-year duration oft the Nantahala Phase 1 project. It is also desired that subsequent phases beyond the first two years be considered byt the Provider to connect additional residences and businesses. Subsequent phases would be funded by the Provider: and/or through other grant programs.  formal grant agreement between Macon County and the Provider.  4. RFP RESPONSE PREPARATION INSTRUCTIONS AND REQUIREMENTS  4.1. Provider Eligibility  Provider must demonstrate and show that iti is a qualified private provider of high-speed Internet access service in the State of North Carolina at the time of RFP response. Provider must be willing to provide high-speed internet and other services within the project Providers must closely review Section 5, Evaluation Criteria, of this RFP and be aware that this is a "Best Value" solicitation where the successful Provider will be selected based on evaluation criteria contained in Section 5 plus evaluation of all other elements contained in this section. Provider understands and agrees that Macon County accepts no responsibility for any expense incurred by the Provider in the preparation and presentation of its proposal. Such expenses  area for atl least 20 years.  shall be borne exclusively by the Provider.  RFP No: 02-119900-RC1  Page 11 of21    Request for Proposals  Macon County, NC  4.2. Required Proposal Elements 4.2.1. Executive Summary  The following elements are required in all proposals submitted in response to this RFP. Provider must include in their proposal an executive. summary (not to exceed two pages) that describes their approach and estimated costs for the project that is being proposed. Ar map must be included showing the deployment of Nantahala Phase 11 fiber and the locations of the residences and businesses that are proposed to be connected. This map: should indicate aerial VS underground fiber installation, proposed co-location sites if any, and proposed  4.2.2. Map  backhaul route. 4.2.3. List of Locations to be Served  Include al list of locations to be served at the completion of the Nantahala Phase 1 project. This list must be delivered as a GIS shapefile, or as a CSV list of geocoded locations based on the Describe in detail the type and specifications of technology and equipment that is being proposed including upload and download speeds and the service delivery methods. This description should include discussion of elements that may provide redundancy or other reliability enhancement. The Provider shall demonstrate and show how the proposed project will meet the technological needs of current and future businesses, public institutions, government buildings, volunteer fire departments, community centers, educational  AddressNC database used for the NC GREAT and CAB grant programs.  4.2.4. Network Technical Specifications  institutions, and residents within Nantahala Township.  4.2.5. Planned Point of Presence  Provider must identify and describe the infrastructure that will be used to provide the point of presence connection and whether that infrastructure is Provider owned or must be leased or Providers must provide a description of thet future growth capacity of their proposed high- speed internet access service solution and its ability to adapt to new broadband applications and requirements. This description must address the ability to support expanded coverage in Provider should describe any enhanced features and network functionality that may add value Describe all services that will be provided as part of the high-speed internet access network being installed, such as internet services, phone, television, home security, and ACP: subsidized  procured from another provider..  4.2.6. Expansion Capacity  the area through subsequent deployment phases.  4.2.7. Enhanced Features and Functionality  tot the highspeed internet access service network being proposed.  4.2.8. Services Offered  service packages.  RFP No: 02-119900-RC1  Page 12of21    Request for Proposals 4.2.9. Pricing for Services  Macon County, NC  Provider must include planned pricing for residential and business services that will be available Providers must include a description of how customer service support will be provided, and Provider must describe their Service Level Agreement. Macon County facilities will require timely resolution of service outages. Provider shall furnish a description of the process that will be used in the event of a service outage including whether customers will be notified when service outages occur, how customers will be notified, and how customers can report a service A narrative that accurately describes the company's history and experience in providing  on the high-speed internet access network. 4.2.10. Customer Support and Service Level Agreement  typical wait times associated with: service requests and: service outages.  outage.  4.2.11. Company History and Experience  highspeed Internet access service is required.  4.2.12. Profit/Loss Statement  Provider shall include a copy of its most recent profit and loss statement.  4.2.13. Associated Business Partnerships and Relationships  Provider should describe any business or partnership relationships with other providers or entities that may affect the capability and/or services provided by the proposed high-speed Provider must detail the qualifications of the company's technical staff that will oversee. and All proposals must contain three (3) customer references (including name, address, and phone number of the contact person) to helpi indicate the Provider'sfitness: as an acceptable source. Provider shall comment on how their company's: selection might have a positive direct and/or Provide a detailed estimate of the total dollar cost for the project. Demonstrate how Macon  internet access service network.  4.2.14. Professional Qualifications and Technical Staff  ensure reliable operation of high-speed internet access service network.  4.2.15. References  possessing the ability to meet the requirements for this project.  4.2.16. Provider Economic Benefit to the Area  indirect impact on economic development in Nantahala Township. County grant funding will be incorporated into the project budget.  4.2.17. Financial Estimates and Grant. Justification  RFP No: 02-119900-RC1  Page 13 of21    Request for Proposals 4.2.18. Deployment Schedule following milestones:  Macon County, NC  Include a high-level deployment schedule/timeline which provides projected dates for the  Estimated: start of construction  Completion of primary fiber build and activation  Completion and activation of connections to required County Facilities Completion of service activation to proposed list of residence and business locations  4.3. Agreement Requirements 4.3.1. Assignment of Rights  During the performance under any grant agreement, the Provider shall not assign, transfer, convey, sublet, or otherwise dispose of any grant agreement or any ofi its rights, title or interest therein, without the prior written consent of Macon County, North Carolina. Provider is required to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes concerning e-verification at the time of entering any grant agreement, and at all times during the performance of any grant agreement. All subcontractors utilized by the Provider are. likewise required to comply with the requirements of Article 2of Chapter 64 of the North Carolina General Statutes concerning e-verification at the time of entering into a contract, and at all times during the performance of the contract. Provider shall take necessary: steps to include this provision in all contractswith subcontractors who will Upon entering into a grant agreement with Macon County, Provider shall be required to purchase and maintain insurance that will protect the Provider from claims which may arise out of or result from the Provider's execution of work by its employees, agents, or subcontractors. Ifany of such worki is to be performed on Macon County owned orl leased premises, the Provider agrees to carry liability and workman's compensation insurance, and toi indemnify Macon County against all liability, loss, and damage arising out of anyi injuries to persons or property caused by the Provider's employees, agents, or subcontractors. A Provider entering into a grant agreement with Macon County shall be an Independent  4.3.2. E-Verification Compliance  perform any portion of the work covered by the contract.  4.3.3. Insurance Requirements  4.3.4. Provider Status Under Grant Agreement Contractor with respect to Macon County.  RFP No: 02-119900-RC1  Page 14 of21    Request for Proposals  Macon County, NC  5. EVALUATION CRITERIA  The following factors listed below will be used in evaluating Providersproposal responses: The number of unserved residences and businesses proposed to be connected.  The number of County facilities to be connected Best overall project cost model proposed. Best technical performance proposed.  Aprojected deployment schedule that meets or completes ahead of the desired project Provider's plan for having a local presence in Macon County: and adding local jobs and/or facilities in Macon County as part of the proposed. high-speed internet access service. Provider's stability, experiences, and record of past performance in delivering such services Positive impacts on economic development in Macon County associated with the proposed Nantahala Phase 1 project including but not limited to increasing the population, taxable Provider partnership or joint business arrangements which may positively impact economics  duration. network.  inN North Carolina and other areas.  property, employment, and/or business prospects of Macon County and/or the high-speed internet coverage and related services.  6. ADMINISTRATIVE  6.1. Proposal Submission Instructions  Per: applicable NC: statutes, all proposals and supporting attachments received by the County. must be enclosed in a sealed envelope and either delivered by hand or USPS to thet following  address.  Macon County Finance Department Attn.: Ms. Lindsay Leopard 51 West Main Street Franklin, North Carolina 28734  Ina addition to a printed proposal package, the County also requests an electronic copy be provided via a USB FLASH drive. Proposals must be received by 4:00 p.m. EST Monday, March 3, 2023. Any proposals received after this deadline will not be accepted or considered  RFP No: 02-119900- RC1  Page 15 of21    Request for Proposals 6.2. Signatures  Macon County, NC  All proposals must be signed with the Provider name and by an officer or employee with authority to bind the Provider to the proposal given in response to the RFP. Legal title of the signer must be indicated. The officer or employee signing the proposal on behalf of the Provider shall certify that he/she has carefully read the: same and certify that the same is truthful in all regards. Obligations assumed by such signature must be fulfilled or Provider: shall  ber removed from Macon County's active file of providers.  6.3. Proposal Document Formats  All proposals should be submitted in a form that clearly addresses each of the requirements. The financial estimates quoted must include all costs associatedv with the requirements listed,  including all installation costs and taxes, if applicable. Specific Proposal Electronic Document Formats: General proposal narrative, and supporting statements: List of Locations: to be Served:  PDF Shapefile or CSV  6.4. Inquiries and Questions Related to RFP or Project  Inquiries concerning this RFP must be submitted via email prior to 4:00 p.m. March 3, 2023 to: General questions and answers will be posted on the Macon County Website (maconnc.org)  MCeroadandRPelitttbroadbandos  under "Nantahala Broadband Expansion Project Q&A".  6.5. Availability of Supporting Map Data  Macon County will make available all GIS map data developed for the Nantahala Broadband Project in the form of shapefiles. Providers may request this data by email through the inquiry  email address listed in Section 6.4.  6.6. Evaluation  Macon County will enter into a grant agreement for high-speed Internet access service expansion within 60 working days after the proposal deadline int this RFP if a Macon County determines ini its sole discretion that a suitable qualified Provider of high-speed Internet access service is found. Macon County intends to award and execute a grant agreement in accordance  with applicable North Carolina laws.  6.7. Agreements  IfMacon County will be required to sign a contract service agreement with the Provider, acopy The selected Provider shall be required to enter into a grant agreement with Macon County which is satisfactory to Macon County, and which is consistent in all regards to this RFP and  of the same must be provided with Provider's response to this RFP.  Provider's response.  RFP No: 02-119900-RC1  Page 16 of21    Request for Proposals 6.8. Delays or Withdrawal  Macon County, NC  The successful Provider shall not be held responsible for delays in performance of a contract caused by strikes, lockouts, labor disturbances; supply chaini issues, acts of the government, or other causes which are beyond the control of and are not the fault of the Provider. Any Provider may withdraw its proposal by written (email) request at anyt time prior to the  entry of a grant agreement with Macon County.  7. OTHER PROPOSALS  Separate and apart from proposals regarding the Nantahala Phase 1 project, a Provider may make an additional proposal or proposals to expand the availability of high-speed Internet  service in Nantahala Township beyond the scope outlined int this RFP.  RFP No: 02-119900-RC1  Page 17 of21    Request for Proposals 8. MISCELLANEOUS 8.1. Provider Selection  Macon County, NC  This solicitation is a "Best Value" solicitation and is not based only on lowest cost/price. Macon County reserves the right to: select the proposal which ini its sole judgment best meets the Macon County has total discretion in the determination of evaluation criteria weights and how those weights are applied to the individual evaluation criteria contained in this RFP. Macon County reserves the right to reject all proposals and discontinue the RFP process without obligation or liability to any potential Provider and without obligation to enter into any Macon County reserves the right to waive any irregularities or informalities in any proposal or int the proposal process. Macon County reserves the right to unilaterally define irregularities or  unserved high-speed Internet access service needs of Macon County.  8.2. Right to Reject or Waive  grant agreement.  informalities should there be a need to do SO.  8.3. Franchise  Macon County reserves the right to award more than one grant agreement to one or more eligible Providers. Provider shall gain no franchise, exclusive franchise, or other exclusive rights  from Macon County.  8.4. Disputes  Int the event of a dispute, the Provider and Macon County agree that the venue and forum to decide such dispute shall bei in the General Court of. Justice for the State of North Carolina in  Macon County. 8.5. CAB Grants  Provider is encouraged to commit to Macon County its willingness to pursue "CAB Grants" from the State of North Carolina and other available grants for the purpose of expanding high-speed internet access to locations which remain unserved at the completion of the Nantahala Phase 1  project.  RFP No: 02-119900-RCI  Page 18 of21    Request for Proposals  Macon County, NC  GLOSSARY OF TERMS  Term ACP  Definition  Affordable Connectivity Program. This is a federal ubsidy/rembursement program administered byt the FCC which is designed to provide low or no cost internet service to qualified low-income individuals and families. AddressNC is a geocoded database of addresses within the state of NCt that can be served by broadband and correlates to the state 911 database. The NC broadband grant programs require use oft this database in determining the number of locations that willl bes served bya a givengrant award. Fiber optic cable that is suspended above ground, typically along power poles. Ad connection which links a network to the global internet. A collection oft technologies and networks used to distribute high-speed internet Continuing Access to Broadband. This is a secondary broadband grant program also initiated by the NC legislature in 2021 andi is administered by NCDIT. The CAB program awards grants through the RFP process. RFPS are developed through collaboration between participating NC Counties and NCDIT. For ani internet connection this ist the flow of information from the internet to the device connected. Connection speed is measured in botht the downstream and upstream directions and is typically shown as DS/US which indicate downstream  AddressNC Aerial Fiber Backhaul Broadband CAB  services to residences and businesses.  DS/Downstream EMS Easement FCC  and upstream data rates. Emergency Medical Services equipment on the property. Federal Communications Commission.  An easement is al legal agreement betweena property owner and provider which grants the provider access to the property and/or to place additional: supporting  FCC Form 477 Broadband Availability Data. This data, which is mapped to census blocks, represents the most current broadband availability information from the FCCt to date. FCC477 data was used to help determine eligible locations for NC GREAT and CAB grant programs. This data is known to bel highly inaccurate, depicts availability at the census block level, and is based on historically exaggerated coverage information from providers. Cabling made from glass fiber that is used to transmit broadband data in the form cables. Fiber Optic Cable can transmit broadband data at higher speeds and  FCC477  Fiber Optic Cable of light energy instead of electrical energy as transmitted through copper wire  longer distances than tradition copper wire cables.  RFP No: 02-119900- -RC1  Page 19 of21    Request for Proposals  Macon County, NC  Term,  Definition  Fiber Optic Network As system of fiber optic cables and associated hardware used to deliver high-  speedi internet service.  Fiber to the Home, also sometimes referred to as Fiber to the Premises. Thisi isa type of wired internet connection which uses fiber optic cable instead of copper wire. Fiber internet connections are capable of delivering much greater speed than most forms of wired copper or wireless technology. Gigabits per second. The units used to measure data rate or speed over an internet connection equaling one billion bits per second.. Growing Rural Economies with Access to Technology. This is the premier broadband grant program initiated by the North Carolina legislature in: 2018. The NC GREAT grant programi is governed by NCI legislation and administered by NCDIT. The GREAT program awards grants to eligible applications submitted by  FTTH Gbps  GREAT  providers based on a scored criteria.  Internet connection that meets current federalstandards for currently defined as a data rate of 100/20 Mbps or greater. A1 fiber optic cable that branches off from at fiber backbone or another fiber lateral to: serve ag group of residences or businesses. Megabits pers second. The units used to measure data rate or speed overa an internet connection equaling one million bits pers second. Nantahala Phase 1i is the initial deployment phase of a plan developed by Macon phases are planned, each building on work andi infrastructure in the prior phases. North Carolina Department of Information Technology. Within NCDIT, the Division of Broadband and Digital Equity administers alll broadband grant and related support programs fort the state of North Carolina. A collection of cables, wireless radios, and supporting hardware that is usedt to distribute internet connectivity to residences and businesses. Passive Optical Network. This is a broadband network composed of fiber optic cables that requires no powered electronic equipment int the path betweena An abbreviated term used to reference an unaffiliated qualified Internet Service Provider. Ini the context of this RFP: "Unaffiliated" means the Provider is not a subsidiary of Macon County; "Qualified" means that the Provider is recognized, meets all required qualifications, and is registered in the State of North Carolina  High-Speed Internet Lateral Mbps  "high-speed",  Nantahala Phase 1 County for broadband expansion in Nantahala Township. Three deployment  NC NCDIT Network PON  State of North Carolina  distribution point and the end user.  Provider  toy provide internet services.  RFP No: 02-119900-RC1  Page 20 of21    Requestf for Proposals  Macon County, NC  Term RFP  Definition  Request for Proposals. This is a document published which defines the scope ofa project and other conditions and provides guidelines for the submission of Rural Digital Opportunity Fund. RDOF is at third-generation broadband subsidy program administered by the FCC which awards funding to service providers through a reverse auction process. Service providers place bids to serve eligible census block tracts, and the lowest bids wins the: subsidy award. RDOF award winners have 6 years to provide service to awarded census blocks. RDOF Auction 904 was the most recent version oft the RDOF program. launched in 2020. The FCC began rolling out awards under this program in mid 2021. Charter Communications won: all available census tracts in Western North Carolina, and their awards nation-wide were finalized in March of 2022. Charter's 6-year clock to provide service in Macon County thus ends in March of 2028. Right of Way. A portion of a roadway or property where telecommunication cabling may be buried or run above ground on power or elecommunication Fiber optic cable that is buried below ground level. Forl large capacity cable used connects to al handhole at each end. For smaller fiber drop cable running toa residence or business, this cable can be direct buried. Af flow of data coming from the user and going to thei internet.  proposals byi interested Providers.  RDOF  RDOF904  ROW  poles.  Underground Fiber in backbones and laterals, this cablei is typically runi through plastic conduit which  US/Upstream VFR  Volunteer Fire and Rescue.  RFP No: 02-119900-RC1  Page 21 of21    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - NEW BUSINESS  MEETING DATE: January 10, 2023  11(A).  Mr. Roland and Finance Director Lori Carpenter will brief the  board members on the Local Assistance and Tribal Consistency Fund (LATCF), and Ms. Carpenter provided the background information below The American Rescue Plan appropriated $2 billion to Treasury across fiscal years 2022 and 2023 to provide payments to eligible revenue sharing counties and eligible Tribal governments for use on any governmental purpose except fora lobbying activity. Specifically, the American Rescue Plan reserves $250 million to allocate and pay to eligible Tribal governments for each of fiscal years 2022 and 2023, and reserves $750 million to allocate and pay to eligible revenue sharing counties for each of fiscal years 2022 and 2023. Under this program, recipients have broad discretion on uses of funds, similar to the ways in which they may use Congress reserved $1.5 billion of funding for eligible revenue sharing counties under the Local Assistance and Tribal Consistency Fund. Specifically, the American Rescue Plan directs the Secretary to reserve $750 million to allocate and pay to eligible revenue sharing counties for each of fiscal years 2022 and 2023, taking into account economic conditions of each eligible revenue sharing county using measurements of poverty rates, household income, land values, and unemployment rates as well as other economic indicators, over the 20-year period Eligible revenue sharing counties must request funding by January 31, 2023 at 11:59 PM AKST.Ifan eligible revenue sharing county does not complete its submission by that deadline, the eligible revenue sharing county will not be eligible for either the first or second payment under the LATCF. The first payment will be available immediately and will be made to eligible revenue. sharing counties on a rolling basis. Treasury expects to make the second payment  fort the agenda packet.  funds generated from their own revenue. sources.  ending with September 30, 2021.  after the start of calendar year 2023.    Macon County is eligible to receive two payments of $459,842.41 each for a total Pending discussion and action, an appropriate motion would be to authorize staff to request the LATCF funding prior to the January 31 deadline.  of$919,684.82.  11(B).  Chairman Higdon has requested time on the agenda to discuss a  fee schedule associated with the county'srecreation parks.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - CONSENT AGENDA  MEETING DATE: January 10, 2023  Item 13A. Draft minutes from the December 13, 2022 regular meeting and the December 21, 2022 special called meeting are attached for the board's Item 13B. Budget Amendments #118-122 are attached for your review and Item 13C. Tax releases for the month of December 2022 in the amount of $6,740.67, per the attached memorandum from Tax Collections Supervisor  review and approval. (Mike Decker/Tammy Keezer)  approval. (Lori Carpenter)  Delena Raby. Item 13D.  A copy of the ad valorem tax collection report as of  December 31, 2022, which shows a collection rate of83.87 percent. Report  only. No action is necessary. (Delena Raby)    MACON COUNTY BOARD OF COMMISSIONERS  December 13, 2022 MINUTES  Years of Service awards were presented to county employees prior to the meeting. A reception for those employees and newly elected Commissioners Danny Antoine and John Shearl was held in the hallway of the third floor of the Macon County Courthouse immediately following  the presentations.  Chairman Higdon called the meeting to order at 6:00 p.m. All Board Members, County Manager Derek Roland, Finance Director Lori Carpenter, County Attorney Eric Ridenour, Deputy Clerk Mike Decker and members of the news media were present, as were a number of  county employees and citizens. ANNOUNCEMENTS:  (A) Chairman Higdon welcomed all in attendance and expressed his appreciation to the employees who spend time preparing the agenda packet, room, etc. for the board meetings. (B) Commissioner Young welcomed the new and returning board members, new school board members, the new sheriff, and suggested having a joint meeting with the school board to discuss projects more fully. Mr. Roland asked if a joint special meeting could tentatively be scheduled on Tuesday, December 20, 2022. There was consensus of the board members to see if that date at 6:00 p.m. would work for the school board to meet in the large courtroom in the courthouse. Mr. Roland  will follow-up.  CLOSED SESSION: At 6:04 p.m., upon a motion by Commissioner Young, seconded by Commissioner Shields, the board voted unanimously to go into closed session as allowed under N.C.G.S. 143-318.11(a)6) regarding a personnel matter and 143-318.11(a)3 to preserve the attorney-client privilege. At 6:18 p.m., upon a motion by Chairman  Minutes 12.13.22 Page 1 of9    Higdon, seconded by Commissioner Young, the board voted unanimously to come out of closed session and return to open session. Mr. Decker stated that action was needed regarding an item discussed in closed session. He requested that $13,392 be taken from contingency funds on behalf of an employee who was injured in the line of duty, was on workers compensation, and wishes to purchase that time toward retirement. Motion by Commissioner Shearl, seconded by Commissioner Shields to approve the funding and the accompanying budget amendment as requested. Vote was unanimous. rise and a moment of silence was observed.  MOMENT OF SILENCE: Chairman Higdon requested all in attendance PLEDGE OF ALLEGIANCE: Led by Commissioner Shields, the pledge to  the flag was recited. PUBLIC HEARING(S):  (A) Lease with Sutton Broadcasting Corporation for use of space on communications tower on Cowee Bald Electronic Site - Emergency Services Director Warren Cabe stated this item did not need a public hearing and requested to move the item to Old Business. Board members consented to the (B) Lease with Blue Ridge Broadcasting Corporation for use of space on communications tower on Cowee Bald Electronic Site - Again, Mr. Cabe requested this item be moved to Old Business, as a public hearing was not necessary. (C) Macon County Community Transportation Program Application = Chairman Higdon opened the public hearing at 6:24 p.m. Transit Director Darlene Asher shared that this public hearing was required for the FY24 Capital grant for the replacement of six vehicles and ancillary equipment. She shared that three of the vehicles were scheduled for replacement in FY22, but due to the unavailability of replacement vehicles, those had been added to the FY24 grant. Ms. Asher stated the grant would be in the amount of $674,392 and that a 20 percent county match in the amount of $137,879 was needed. With no one signed up to speak, Commissioner Higdon closed the hearing at 6:28 p.m. Commissioner Young made a motion, seconded by Commissioner Shields, to approve the request as presented.  agenda change.  Vote was unanimous.  Minutes 12.13.22 Page 2 of9    PUBLIC COMMENT PERIOD: George McClure expressed his appreciation for the board's support of getting pickleball courts constructed and made available to the working public. He shared that the local club is pursuing some private funding as well to pay for some amenities at the courts. Maryann Ingram congratulated all new board members on their appointments and  reappointments.  ADDITIONS, ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motion by Commissioner Young, seconded by Commissioner Shields, the board voted unanimously to approve the agenda, as adjusted, as follows: To add Lease with Sutton Broadcasting for use: of space on communications tower on Cowee Bald Electronic Site as Item 11(C) To add Lease with Blue Ridge Broadcasting for use of space on communications tower on Cowee Bald Electronic Site as Item 11(D) To add Re-appointment of a Social Services board member as Item 14(D)  under Old Business, per Mr. Roland under Old Business, per Mr. Roland under Appointments, per Mr. Decker  REPORTS AND PRESENTATIONS:  (A) Fiscal Year 2022 Audit Presentation - Claire Chase representing Martin Starnes & Associates, CPAs, PA provided a PowerPoint presentation covering the results of the audit. She indicated that an unmodified opinion had been given, which is the highest opinion the firm can offer. Ms. Chase reported there was one red flag noted resulting in one significant deficiency finding related to lack of control over cash collections and separation of duties in one area of operations in the county. A copy of the presentation and findings are available in the office of the Clerk to the Board and hereby (B) Overview of the 2022 Election - Melanie Thibault, Macon County Board of Elections Director, provided a report on the election turnout indicating there were 28,000 registered votes with 15,903 voting (57 percent). Of those voting, Ms. Thibault indicated that 8,921 voted early, 6,121 voted on Election Day with 816 of those by absentee ballots. She said there was a lot of observer participation this year with observers being present every day of early voting as well as on Election Day. Ms. Thibault stated the 30-Day sort had been completed with zero errors or discrepancies in the results. In regard to the new voting equipment, Ms. Thibault shared the next step is to have a simulated election for three to four days using the new equipment. She said the  made a part of these minutes Attachment 1.  Minutes 12.13.22 Page 3 of9    simulation will include poll workers and employees of Hart InterCivic, and will be held on January 25, 2023 through January 29,2023 at. the Robert C. Carpenter Community Building.  OLD BUSINESS:  (A) Update on Nantahala ibraty/Community Center - Jack Morgan provided a handout [Attachment 2] and preliminary itemized budget for the renovations of the 2,400 square foot facility totaling $258,940 including a contingency of $23,540 (10 percent). Mr. Roland stated we have $300,000 of state funding available and requested the board approve the use of an architect to have them develop the scope of work and avoid having to put out bids for each separate discipline (HVAC, plumbing, electrical, etc.). Mr. Morgan said the architect (quoted at $28,000) could start in January and have bids for contractors available in March. Ms. Carpenter reminded the board that if the cost exceeds $300,000 we are Commissioner Shields made a motion, seconded by Commissioner Young, to have Jack Morgan prepare the scope of work and work with the bids he has received, rather than to use an architect.  required to have an architect.  After some discussion,  Vote was unanimous.  (B) Update on Highlands Middle School Renovations - Mr. Roland reported that the Request for Qualifications (RFQ) for architectural services was issued on November 2, 2022. He said a proposal from LS3P was the only response received in the amount of $63,430 for the design and $634,300 for construction and renovation. Mr. Roland requested approval of the bid from LS3P and authorization for the county manager to enter into contract negotiations with them. After some discussion regarding funding allowances and impact of other projects, Commissioner Young made a motion, seconded by Commissioner Shearl, to approve the bid from LS3P and authorize the county manage to enter into contract  negotiations. Vote was unanimous.  (C) Lease with Sutton Broadcasting for use of space on communications tower on Cowee Bald Electronic Site - Mr. Cabe summarized the history and details of the current contract and fees. He said Sutton Broadcasting is proposing to continue to pay a monthly fee for use of the space in addition to two-thirds of the U.S. Forest Service fee generally paid by Macon County, and a 3-percent annual escalator in the recommended 10-year contract  Minutes 12.13.22 Page 4 of9    included in the agenda packet. After discussion, Commissioner Young made a motion, seconded by Commissioner Shields, to approve. the sub-lease and resolution as presented. Vote was  unanimous.  (D) Lease with Blue Ridge Broadcasting for use of space on communications tower on Cowee Bald Electronic Site - Mr. Cabe said that Blue Ridge Broadcasting was also proposing to continue to pay a monthly fee for use of the space in addition to one-third of the U.S. Forest Service fee generally paid by Macon County, and a 3-percent annual escalator in the recommended 10- year contract included in the agenda packet. Commissioner Young made a motion, seconded by Commissioner Shields, to approve the. sub-lease and resolution as presented. Vote was unanimous.  NEW BUSINESS:  (A) Mountain Mediation Services Dissolution In-Kind Space Request - Gabrielle Grant, Executive Director of Mountain Mediation, explained the merger that has occurred between Mountain Mediation and HIGHTS (Helping Inspire Gifts of Hope, Trust and Service) and requested the board approve transfer of the in-kind office space use to HIGHTS. Mr. Roland stated we. would need to prepare a new Memorandum of Understanding and would review and approve such at the meeting on January 10, 2023. (B) Southwestern RPO Travel Demand Model Socio-Economic Data Projection for Macon County - Amin Mohamadi Hezaveh from the North Carolina Department of Transportation (NCDOT) provided a handout [Attachment 3] and explained that the travel demand model is a pilot program aimed at addressing traffic pattern problems before they begin. He said this model has been used in urban areas, and western North Carolina is now going to pilot the model to see how it works in rural areas. Mr. Mohamadi Hazaveh said the model proposes a one-percent growth rate per year and traffic pattern data will be projected out to 2050. After a brief discussion, Chairman Higdon made a motion, seconded by Commissioner Young, to approve use of a one-percent growth rate  for the model. Vote was unanimous.  (C) Consideration of Macon County Public Health Billing Guide and Fee Schedule - Health Director Kathy McGaha explained that the billing guide and fee schedule have to be approved annually by the Board of Health and the Board of Commissioners in accordance with North Carolina General Statutes.. She said it was  Minutes 12.13.22 Page 5 of9    last approved on November 15, 2022, but due to some changes in the documents as well as changes in board membership, she wanted to discuss these in person tonight. Ms. McGaha highlighted and explained the reason for each of the changes and stated the Public Health Regional Administrative Consultant had assisted with the changes in wording and clarification. One of the changes Ms. McGaha pointed out was the elimination of bringing the fee plan back to this board with every change in a fee that results from an increase in supply costs. Chairman Higdon made ar motion, seconded by Commissioner Shields, to approve the: Billing Guide as presented. Vote. was unanimous. Health Department Finance Officer Melissa Setzer provided an updated copy of the fee plan and explained fee changes that had occurred since the approval in November. Commissioner Young made a motion, seconded by Chairman Higdon to approve the fee plan as presented. Vote was unanimous. A copy of the billing guide and fee schedule are available in the office of the clerk to the Board and are hereby made a part of these minutes [Attachment 41. (D) Consideration for Community Care lease agreement - Ms. McGaha explained the partnership between Macon County Public Health and Community Care of Franklin and requested approval of the lease agreement from December 1, 2022 to June 30, 2023. Commissioner Young made a motion, seconded by Commissioner Antoine, to approve the lease as presented. Vote was unanimous. (E) Consideration of bid for Transit Department parking facility Transit Director Darlene Asher indicated that Macon County Transit has received a bid in the amount $254,000 for construction of an awning to cover the transit buses in their parking lot. She is requesting to award the bid to Owle Construction with the funds already approved in her budget. Commissioner Young made a motion, seconded by Chairman Higdon, to approve the request as presented. Vote was  unanimous.  (F) Resolution to exempt engineering services for groundwater monitoring and reporting for the Solid Waste Department from the provisions of Article 3D of Chapter 143 of the North Carolina General Statutes - Solid Waste Director Chris Stahl presented a contract with Bunnel-Lammons Engineering (BLE) to produce and submit a Corrective Action Evaluation Report to the North Carolina Division of Environmental Quality (NCDEQ) on behalf of Macon County. He requested approval of a résolution  Minutes 12.13.22 Page 6 of9    exempting engineering services for groundwater monitoring, and approval for the county manager to execute the contract with BLE. Commissioner Young made a motion, seconded by Chairman Higdon, to approve the resolution and for the county manager to execute the contract in the amount of $10,800 with BLE. Vote was  unanimous.  (G) Resolution to exempt engineering services associated with the proposed turn lane required by NÇDOT for the future Carson Convenience Center from the provisions of Article 3D of Chapter 143 of the North Carolina General Statutes = Mr. Stahl presented the resolution and requested approval for the county manager to execute a contract agreement with McGill Associates to provide the permitting and construction of the required turn lane on eastbound Highway 64. Commissioner Young made a motion, seconded by Chairman Higdon, to approve the resolution as presented and for the county manager to execute the contract in the amount of $43,650 with McGill Associates. Vote was  unanimous.  (H) Results and recommendation regarding the Request for Proposal (RFP) for engineering services for the Solid Waste Department - Mr. Stahl presented the results and recommendation regarding the remaining capacity (or lack thereof) at the landfill and requested the board accept the recommendation of the review committee to award the bid to McGill Associates and to authorize the county manager to enter into contract negotiations. Commissioner Antoine made a motion, seconded by Commissioner Shields, to approve the recommendation as requested and for the county manager to enter into contract negotiations with McGill Associates. Vote was unanimous.  (I) Omitted  (J) Declaration of Sheriff's Department service weapons for retired officers to be declared surplus - Mr. Roland shared an email from retired Sheriff Holland requesting service weapons be retired and issued to the retiring officers Lane and Burrows. He recommended the weapons be declared surplus with the retired officers paying $1 to the county upon award of the weapon. Mr. Roland requested the same be applied for the service weapon of retired Sheriff Holland. Commissioner Shearl made a motion, seconded by Commissioner Young, to approve the request as  presented. Vote was unanimous.  Minutes 12.13.22 Page 7 of9    (K) Discussion regarding 2023 commission liaison assignments Chairman Higdon said he wanted to delay the liaison assignments until the January 10, 2023 board meeting. Commissioner Shields provided a handout and proposed an application process be enacted for liaison assignments. No action was taken. (L) Presentation of handbook for commissioner members Mr. Roland presented the newly developed handbook for board members and requested members review the document and use it as ai reference and resource in their role as county commissioner. Ac copy of the handbook is in the office of the Clerk to the Board.  CONSENT AGENDA: Upon motion by Chairman Higdon, seconded by Commissioner Shields, the board voted unanimously to approve the consent agenda as presented which includes: (A) Minutes of the December 5, 2022 special called meeting, (B) Budget Amendments #104-109, (C) Tax releases for the month of November in the amount of $1,726.59, and (D) Monthly ad valorem tax collection report for which no action is necessary.  APPOINTMENTS:  (A) Board of Health (1 seat) - Chairman Higdon made a motion, seconded by Commissioner Shearl, to approve the appointment of Dr. (B) Planning Board (2 seats) Chairman Young made a motion, seconded by Commissioner Shields, to approve the re-appointment Mark Berry and Jean Owen for a three-year term each. Vote was unanimous. (C) Vaya Regional Board (1 seat) - Chairman Higdon requested this appointment be postponed until the January 10, 2023 board meeting when other liaison appointments will be made. Board members (D) Social Services Board (1 seat) - Chairman Higdon made a motion, seconded by Commissioner Young, to approve the reappointment  Carlos Vargas. Vote was unanimous.  consented to this request and no action was taken.  of Anne Hyder. Vote was unanimous.  Minutes 12.13.22 Page 8 of9    ADJOURN: With no other business, at 9:22 p.m., upon a motion from Commissioner Young, seconded by Commissioner Antoine, the board voted  unanimously to adjourn.  Derek Roland  Paul Higdon Board Chair  Ex Officio Clerk to the Board  Minutes 12.13.22 Page 9 of9    MACON COUNTY BOARD OF COMMISSIONERS JOINT MEETING WITH THE MACON COUNTY BOARD OF EDUCATION Special Meeting December 21, 2022  Chairman Higdon called the meeting to order at 6:00 p.m. as provided for in the Notice of Special Meeting of the Macon County Board of Commissioners and the Macon County Board of Education, a copy of which is attached Attachment 1) and hereby made a part of these minutes. Commissioners Paul Higdon, Josh Young, Gary Shields, Danny Antoine, John Shearl, County Manager Derek Roland, Finance Director Lori Hall, Deputy Clerk Mike Decker, Macon County School Board Members Jim Breedlove, Hilary Wilkes, Stephanie Laseter, Diedre Breeden, Superintendent Dr. Chris Baldwin, members of the new media and Chairman Higdon welcomed everyone in attendance and asked members of both PUBLIC COMMENT: Mark Sutton spoke in support ofa a new Franklin High School and identified some of the ADA (Americans with Disabilities Act) concerns that he has experienced at the current facility. John Deville spoke in support of a new Franklin High School on the current property, continuation of the current faculty and staff committee, and support of Commissioner Shields remaining as the liaison. John Mira-Knippel spoke in support of a new Franklin High School with an increase in vocational opportunities for students and improved facilities, which will help in the recruitment of workforce and the working-age population, which will then help to support the local economy and keep businesses operating. Melissa Faetz spoke about the challenges her child has navigating the current Franklin High School campus and the safety issues that have been identified. She stated there is a lack of equitable education for those with physical disabilities and said she had contacted disability rights requesting assistance with pursuing any legal avenues necessary to ensure these issues are addressed. Danny Prince shared a quote from George Washington and encouraged the boards to be transparent as they make policies. Richard Lightener spoke in support of responsible planning and spending. He encouraged board members to maintain what we build, do it correctly, budget  members of the general public were present.  boards to introduce themselves.  accordingly and decrease wasteful spending.  Minutes 12.21.2022 Page 1 of3    LS3P FRANKLIN HIGH SCHOOL PROJECT UPDATE: Architect Paul Boney thanked the liaisons and committees that have been involved sO far and said there is still a lot of work to be done and the public comments given demonstrate that. He gave. an overview of grant opportunities and reasons for applying for a 50 million dollar grant for the Franklin High School project. Mr. Boney provided drawings of the proposed project and indicated he will be. sharing estimates on all items in the drawings in January. MACON MIDDLE SCHOOL LOCKER ROOM FACILITY UPDATE: Mr. Roland provided a handout explaining the project cost, funding obligation as of December 21, 2022, last board action taken, and next steps required Attachment 2), a copy of which is attached and hereby made a part of these minutes. He shared that on October 18, 2022, the bid for this project was awarded to Carolina Specialties Construction and that a contract has been executed with total project cost of $2,519,250 with $2,640,000 budgeted for the HIGHLANDS MIDDLE SCHOOL RENOVATIONS UPDATE: Mr. Roland referred to the atorementioned handout and stated that on December 13, 2022, LS3P was approved as the architectural firm and the county manager was authorized to enter into contract negotiations with them. He stated the total project cost is $697,730 with $300,000 received from the N.C. Education Lottery Repair and Renovation Fund as year one funding and that an additional $500,000 is expected as year two funding. Mr. Roland said he still needs to finalize approval HIGHLANDS PRE-K PROJECT UPDATE: Mr. Roland referred to the aforementioned handout and stated that on November 8, 2022, LS3P was approved as the architectural firm contingent upon approval of the scope of services by the school board. He indicated that the total project cost is $4,700,000 and no funding mechanism has been identified for the project at this time. Mr. Roland clarified that the board had approved $379,255 for LS3P too complete the design. He said determining the funding mechanism for the project needs to be completed and then the project bidding process can be initiated. Ms. Wilkes requested the name of this project be changed to Highlands School Project as it involves more that the Pre-K portion.  project.  of the contract with LS3P.  OTHER ITEMS FOR DISCUSSION:  A. Highlands Soccer Field - Mr. Roland referred to the  atorementioned handout and stated that on October 18, 2022, the board authorized the school system to proceed with seeking bids. Dr. Baldwin said the bids are due back by the end of January for a total project cost of $840,000 with no funding obligated at this time. Mr. Roland said once the bids are received, the school board would need to evaluate them and  Minutes 12.21.2022 Page 2 of3    prioritize this project along with the other projects being B. Macon Middle School Track Mr. Roland referred to the aforementioned handout and stated that on October 18, 2022, the board authorized the school system to proceed with seeking bids. Dr. Baldwin said the bids are due back by the end of January for a total project cost ranging between $644,909 and $926,500 with no funding obligated at this time. Mr. Roland said once the bids are received, the school board would need to evaluate them and prioritize this project along with the other C. Macon Middle School Dislodged Vent Pipes - Macon County Schools Maintenance Director Tracy Tallent indicated that a recent smoke test had been conducted due to a sewage odor in the building. He indicated that a camera test had also been conducted and that the tests showed several breaches in plumbing in the kitchen, locker rooms, and other areas of the school. Mr. Tallent said some of the breaches had been repaired, but others were not accessible and had not been repaired. Dr. Baldwin said some back flow preventers had been installed in areas that could not be repaired and have improved the odor by 70 percent. He said they are waiting on the estimators at LS3P to determine repair cost.  considered.  projects being considered.  After a lengthy discussion, Chairman Higdon made a motion that the Highlands Pre-K project as well as A, B, and C under Other Items noted above be sent back to the Board of Education for further discussion and prioritization. Motion failed due to lack of a second. After additional lengthy discussion regarding funding options for projects, attempted clarification of the need to have project prioritized and included in the fiscal year budget, and project planning, at 9:30 p.m. Commissioner Young made a motion to adjourn, seconded by  Commissioner Shearl. Vote 5-0.  Derek Roland  Paul Higdon Board Chair  Ex Officio Clerk to the Board  Minutes 12.21.2022 Page 3 of3    MACONCOUNTYBUDGE!, AMENDMENT AMENDMENT# 78 DEPARTMENT EXPLANATION ACCOUNT  114370  rale-in AlouAnce on Ambulance Yemaunt  DESCRIPTION  INCREASE $ 11,000.00 $ 11,000.00  DECREASE  113839 444400 SURPLUS PROPERTY: SALES 114370 569601 EQUIPMENT- VEHICLES  REQUESTED BY DEPARTMENTHEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTIONE BY BOARD OF COMMISSIONERS APPROVED & ENTERED ONI MINUTES DATED    110/2023  CLERK    MACON COUNTY, BYDGET AMENDMENT  Date:  12/12/2022  AMENDMENTE # 19 DEPARTMENT: HEALTH  Explanation: Received funding for AA 364 COVID-19 ELC Reopening Schools, CFDA#93.323  ACCOUNT 113511-445724 115118-550001 115118-550005 115118-550201 115118-550203 115118-550206 115118-550207 115118-550701 115118-556011  DESCRIPTION Revenue Salary Longevity Medicare/FICA Hospitalization Life Insurance Retirement-General County 401K Operating Supplies  INCREASE $ 115,000.00 $ 70,159.00 $ 690.00 $ 4,972.00 $ 15,027.00 $ 52.00 $ 8,115.00 $ 1,420.00 $ 14,565.00  DECREASE  PREPARED BY alulmhsitw) REQUESTEDBYI DEPARTMENT HEAD RECOMMENDED BY FINANCEOFFICER APPROVED BY COUNTY MANAGER  hme Buxles  ACTION BY BOARD OF COMMISSIONERS 4102023 APPROVED AND ENTERED ON MINUTES DATED  CLERK    MACON COUNTY BUDGET  AMENDMENT # 2-0 FROM: DEPARTMENT: EXPLANATION: ACCOUNT ORG 5/3831 447282  JOHNLFAY HOUSING RECEIVE NEW FUNDING  DESCRIPTION HEALTHY HOMES ACHF/NHF REVENUE  LINE ITEM  ITEM 550001 SALARY 550201 MEDICARE/FICA 550203 HOSPITALIZATION 550204 UNEMPLOYMENTINSURANCE 550205 WORKMAN'SCOMPENSATION 550206 UIFEINSURANCE 550207 RETIREMENT GENERAL 550701 COUNTY 401K  INCREASE 60,000  DECREASE  515927 556034 WAP PROGRAM OPERATIONS  60,000  Totals  60,000  REQUESTED BY DEPARTMENT HEAD John Faf RECOMMENDED BY FINANCE OFFICER Bunla  APPROVED BY COUNTY MANAGER  ACTION BY BOARD OF COMMISSIONERS Ho/2023  APPROVED AND ENTERED ON MINUTES DATED  CLERK    MACON COUNIYEUDÇITAMEMOMENT AMENDMENTA_/2 FROM: Lindsay Leopard DEPARTMENT: Sheriff'sOffice  EXPLANATION: Move money to cover OCV, LLC( (Sheriff's App) annual support andmaintenance fee.  ACCOUNT 223001-499100 224001-555106  DESCRIPTION Fund Balance Appropriated Contracted: Services  INCREASE $4,995.00 $4,995.00  DECREASE  Sigdrhk  REQUESTED BY DEPARTMENT HEAD_ RECOMMENDED BY FINANCE OFFICER_ APPROVED BY COUNTY MANAGER  mds  ACTION BY BOARD OF COMMISSIONERS 1/10/2023 APPROVED. AND ENTERED ON MINUTES DATED  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENTH 132 FROM: FINANCE DEPARTMENT: TRANSIT EXPLANATION: ACCOUNT 11-3570-4457-29 11-4935-5597-00  DAAS ARPA FUNDS DESCRIPTION DAAS ARPA FUNDS 93.044 NON CAPITAL EQUIPMENT  INCREASE DECREASE $ 6,330.00 $ 6,330.00  REQUESTED BY DEPARTMENT HEAD: RECOMMENDED BY FINANCE OFFICER: APPROVED BY COUNTY MANAGER:  B  ACTION BY BOARD OF COMMISSIONERS: 110/2023 APPROVED AND ENTERED ON MUNIS DATED:  CLERK:    STATE  Macon County Tax Office 5West Main Street Franklin, NC28734  Phone: (828)349-2149 drabymaconnc.or  TO: FROM: DATE: RE:  MACON COUNTY COMMISSIONERS Macon County Tax Collector'sOffice Delena Raby, Tax Collections Supervisor  January 05,2023 Releases for December, 2022  Attached please find the report of property tax releases for real estate and personal property that require your approval in order to continue with the process ofreleasing these amounts from the tax accounts. Please feel free to contact me ifyou should have any questions. The report of  releases in alphabetical order is attached. AMOUNT OF RELEASES FOR DECEMBER 2022:  $6,740.67