MACON COUNTY BOARD OF COMMISSIONERS  February 11, 2020 AGENDA  1. Call to order and welcome by Chairman Tate  2. Announcements 3. Moment of Silence 4. Pledge of Allegiance 5. Public Hearing(s) 6. Public Comment Period 7. Additions to agenda  8. Adjustments to and approval of the agenda  9. keport/Prcsentatons 10.Old Business  A. Resolution exempting engineering services for Greenway Connection Project- Derek Roland, County Manager B. Resolution exempting surveying services for Greenway Connection Project- Derek. Roland, County Manager A. Lease extension for USDA Service Center located at 189 Thomas Heights Road, Franklin NC, 28734- Derek Roland, B. Consideration of Architectural Services Contract for Macon Middle School Renovation Project- SGA Narmour Wright C. Resolution exempting surveying services for Macon Middle School Renovation Project - Derek Roland County Manager D. Consideration of Agreement with "No Wrong Door" for inmate services in Macon County Jail- Sheila Jenkins, No Wrong Door  11.New Business  County Manager    12.Consent Agenda - Attachment  All items below are considered routine and will be enacted by one motion. No separate discussion will be held except on request of a member of the Board of  Commissioners.  A. Minutes from January 14, 2020 B. Budget Amendments #164-166 C. Order Macon County Tax Office to collect unpaid taxes for current fiscal year per NCGS 105-369 D. Tax Releases for January in the amount of $197.80 E. Tax Office Monthly Report  3.Appointments  A. Nantahala Fire Department Relief Fund Trustees  14.Closed session (if necessary) 15. Adjourn/Recess    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: February 11,2020 DEPARTMENT/AGENCY: Legal  SUBJECT MATTER: Greenway Connection Project  COMMENTS/RECOMMENDATION:  Following approval of the locally administered project agreement on January 14, 2020, Macon County will now begin the design phase ofthe Greenway Connection project. Attached for your consideration is a resolution exempting engineering services from the provisions of Article 3D Chapter  143 of the North Carolina General Statutes  Attachments Agenda Item 10A  X Yes  No    RESOLUTION EXEMPTING ENGINEERING SERVICES PROJECT FOR CONSTRUCTION OF PATHWAY CONNECTING SIDEWALK ON EXISTING BRIGE NO. 22 TO THE GREENWAY BELOW IT IN FRANKLIN, NORTH CAROLINA, FROM THE: PROVISIONS OF ARTICLE 3D OF CHAPTER 143 OF THE NORTH CAROLINA GENERAL STATUTES WHEREAS, Article 3D of Chapter 143 of the North Carolina General Statutes  establishes a general public policy regardingprocurement of engineering services; and WHEREAS, North Carolina General Statutes Section 143-64.32 provides:  "Units of local government or the North Carolina Department of Transportation may in writing exempt particular projects from the provisions oft this Article in the case of proposed projects where an estimated professional fee is in an amount less than fifty thousand dollars  ($50,000)"; and  WHEREAS, Macon County is now in need of engineering services for the proposed "Construction of Pathway Connecting Sidewalk on Existing Bridge No. 22 to the Greenway Below it in Franklin, NC" in connection with the work contemplated for such Construction of Pathway Connecting Sidewalk to Greenway byl Macon County; and WHEREAS, the estimated professional fee for the proposed "Construction of Pathway Connecting Sidewalk on Existing Bridge No. 22 to the Greenway Below it in Franklin, NC" in connection with the work contemplated for such Construction of Pathway Connecting Sidewalk to Greenway by Macon County is in an amount less than fifly thousand ($50,000) dollars.  NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF MACON that the proposed engineering services project for the "Construction of Pathway Connecting Sidewalk on Existing Bridge No. 22 to the Greenway Below it in Franklin, NC" in connection with the work contemplated for such Construction of Pathway Connecting Sidewalk to Greenway by Macon County is hereby exempted in writing from the provisions of Article 3D of Chapter 143 of North Carolina General Statutes  pursuant to the provisions of N.C. Gen. Stat, $143-64.31. Adopted this 11th day of February, 2020.  James Tate, Chairman  Macon County Board of Commissioners  ATTEST: Clerk to the Board (SEAL)    CETECHE consuing encineeing wwEnguneernggTecnologiex  Municipal + Industrial + Commercial + Residential WWW.CETECHENGINEERING.COM  CONSULTING ENGINEERING:  125 Highlands Road Franklin, North Carolina 28734 Tel.: (828) 524-9185 Fax (828)349-9535  February 4, 2020 Mr. Derek C. Roland, County Manager Macon County 5V West Main Street Franklin, North Carolina 28734  RE: Agreement for Professional Engineering Services  Macon County Greenway at Frogs Bldg; Little Tennessee River  Macon County, North Carolina  Dear Mr. Roland:  The following summarizes the services to be provided and interest to be assumed by CEtech  Associates, P.A. for the development oft the subject parce!:  PROJECT UNDERSTANDING  The site is currently traversed by the Little Tennessee River where aj paved portion oft the existing Greenway path terminates. The purpose of this project will be to extend the Greenway travelway underneath the existing bridge to provide appropriate pedestrian and bicycle headroom  below the bridge structure.  Funding will bei in part by NCDOT, along with County participation.  SCOPE OF WORK I-Site Development. Plans  Ac conceptual site plan will be prepared and submitted to Macon County for review. The site plan will be reviewed for conformance with regulatory agency requirements, setbacks, municipal ordinances and rules, and existing land features including topography, buried utility locations, existing roadways and access, soil types, waterways, vegetative cover, and other pertinent Based on the conceptual site plan, the Engineer will develop construction drawings for regulatory permitting and sitework construction. The sitework plans will include a site plan, and  physical features.  apaving, grading, and drainage plan, for bidding.    Mr. Roland February 4, 2020 Page 2  I- Construction Phase  The Construction Phase will begin with the notification of award of contract by the Owner.  Services will be provided as requested by the Owner.  OWNER RESPONSIBILITIES  Specifically, but not limited to, the following will be provided by the Owner as may be required: Survey data as required for design, including topography (contours on 2-foot intervals and spot elevations), boundaries and lots, easements, right-of-ways, roads utilities and other features necessary for preparation of the plans. This will be in digital format (AutoCad). Note:  Construction staking willl be by the contractor. Submital Fees (ift required) Soils Investigations and Construction Testing (if required) Legal and Administrative Fees (if required) Costs for reproducibles (ie. blueprints, copies, mail, etc.)  Ifrequired, outside services, including surveyor, geotechnical consultant, and archaeological consultant will be provided by the Owner, and are: not included in lump sum fees or estimates. Unless otherwise indicated, this proposal/contract does not include permit application filing fees, reproduction costs, survey services, geotechnical services, aerial photography services, costs incurred as a result oft manipulation or encroachment of easements, alleys or right-of-ways, off- site improvements, costs incurred as a result of non-compliance, costs required as a result of environmental impacts, environmental studies or biological determinations not specifically identified herein, costs required for traffic studies or transportation engineering or any costs relating to the design or construction oft the buildings, or other structures not specifically indicated in this proposal. Hourly work noted herein and additional work, only as authorized by the Owner, will be provided in accordance with the fee and expense schedule attached. Costs for  reproducibles will also be invoiced as per the same schedule.  PAYMENT FOR SERVICES  CEtech Associates, PA will be compensated in accordance with the following schedule. The Owner will be invoiced for the services provided on the following pay item schedules:  I: Site Plans  Paving, Grading, Drainage Plans  $4,500  II: Construction Phase providing any services.  This will be invoiced hourly based on schedule herein. Owner approval willl be required priorto    Mr. Roland February 4,2 2020 Page 3  Hourly work described herein will be provided in accordance with the fee schedule stated below:  CEtech Associates, P.A. FEE SCHEDULE Hourly Fees Registered Professional Engineer (Engineer ofl Record) Engineering Designer Engineering Technician Engineering Designer Resident Project Representative Clerical Reimbursable Expenses Blueprints (24"x36") Reports (GBC Bound) Vellums (24"x36") Mylars (24"x36") Overnight Mail Misc. Costs, copies Overnight Mail Mileage  $125.00 $75.00 $75.00 $65.00 $65.00 $35.00  $2.50 each $50.00 each $15.00 each $25.00 each cost + 15% cost + 15% cost + 15%  $0.48/mile from Franklin, NC office for trips outside Macon County  INVOICES: Progress invoices will be submitted to the client monthly and ai final bill will be submitted upon completion oft the services. Each invoice is due on presentation and is past due thirty (30) days from invoice date. LIMITATION OF LIABILITY: The client agrees not to personally charge any employee of CEtech. Associates, PA with any liability arising out oft the CONTRACT ASSIGNMENT: This Proposal/Contract is for the exclusive use of the client and is not assignable to or assumable by any third party without prior written consent oft this firm. This Proposal is valid for ten (10) days ofthe date noted herein. CONTRACT AMOUNT: Execution oft this Contract by the Owner authorizes CEtech Associates, P.A. toj proceed with the services as outlined herein for with the associated CEtech Associates, P.A. or its officers reserve the right to suspend or terminate work under this Macon County may terminate this agreement upon written notification to CEtech Associates, PA; CEtech Associates, PA shalll be compensated for work based on percentage of completion Please sign and date below and return a copy to us as our authorization to proceed. This Agreement for Professional Servicesauthorizes CEtech Associates, P.A. to commence on work for the fees outlined herein. Owner authorization will be required for additional services  performance ofthis Agreement.  fees and invoice schedules.  agreement upon failure oft the client to pay invoices as due. for work performed prior to the termination.    Mr. Roland February 4, 2020 Page 4  not included, only ifr required. Hourly Services during construction will bej per the attached  schedule, as authorized and as required.  This Proposal Accepted:  Lohis  Larry A. Lackey, Jr., P.E. President, CEtech Associates, PA  Owner Title:  Date    MACON COUNTY BOARD OF COMMISSISSIONERS  AGENDA ITEM  MEETING DATE: February 11, 2020 DEPARTMENT/AGENCY: Legal  SUBJECT MATTER: Greenway Connection Project  COMMENTS/RECOMMENDATION:  Following approval of the locally administered project agreement on January 14, A 2020, Macon County will now begin the design phase oft the Greenway Connection project. Attached for your consideration is a: resolution exempting surveying services from the provisions of Article 3D Chapter 143  oft the North Carolina General Statutes  Attachments Agenda Item 10B  X Yes  No    RESOLUTION EXEMPTING SURVEYING SERVICES PROJECT FOR CONSTRUCTION OF PATHWAY CONNECTING SIDEWALK ON EXISTING BRIGE NO. 22 TO THE GREENWAY BELOW IT IN FRANKLIN, NORTH CAROLINA, FROM THE PROVISIONS OF ARTICLE 3D OF CHAPTER 143 OF THE NORTH CAROLINA GENERAL STATUTES WHEREAS, Article 3D of Chapter 143 of the North Carolina General Statutes  establishes a general public policy regarding procurement of surveying services; and WHEREAS, North Carolina General Statutes Section 143-64.32 provides:  "Units of local government or the North Carolina Department of Transportation may in writing exempt particular projects from the provisions of this Article in the case of proposed projects where an estimated professional fee is in an amount less than fifty thousand dollars WHEREAS, Macon County is now in need of surveying services for the proposed "Construction of Pathway Connecting Sidewalk on Existing Bridge No. 22 to the Greenway Below it in Franklin, NC" in connection with the work contemplated for such Construction of Pathway Connecting Sidewalk to Greenway by Macon County;and WHEREAS, the estimated professional fee for the proposed "Construction of Pathway Connecting Sidewalk on Existing Bridge No. 22 to the Greenway Below it in Franklin, NC" in connection with the work contemplated for such Construction of Pathway Connecting Sidewalk to Greenway by Macon County is in an amount. less than fifty thousand ($50,000) dollars.  ($50,000)"; and  NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF MACON that the proposed surveying services project for the "Construction of Pathway Connecting Sidewalk on Existing Bridge No. 22 to the Greenway Below it in Franklin, NC" in connection with the work contemplated for such Construction of Pathway Connecting Sidewalk to Greenway by Macon County is hereby exempted in writing from the provisions of Article 3D of Chapter 143 of North Carolina General Statutes  pursuant to the provisions of N.C. Gen. Stat. $143-64.31. Adopted this 11h day of February, 2020.  James Tate, Chairman  Macon County Board of Commissioners  ATTEST: Clerk to the Board (SEAL)    SPRINKLE SURVEYING, P.A.  464 WESTI PALMER STREET FRANKLIN: NC28734 PHONE 828)524-5867FAX (828)524-7994 wapintesureymgcon  G.L. Sprinkle Professional Land Surveyor  PROPOSAL  TO:Jack Morgan Macon County Job Name/Location: Business bridge.  Date: 1/30/2020  Proposed topographic survey for Greenway connection passing under 23/441  We hereby submit specifications and estimates for: Topographic survey with two (2) contours.  We propose hereby toi furnish material and labor complete in accordance with the above specifications for the sum of: $2,500.00 (Twenty-Five Hundred dollars and 00 cents.)  Payment to be made as follows:  Lump sum upon delivery of plats.  Authorized Signature:  G.L. Sprinkle, PLS- 1454  ACCEPTANCE OF PROPOSAL. The above prices, specifications and conditions are satistactory and are hereby accepted. You are authorized to do the work as specified.  Payment will be made as outlined above.  Date of Acceptance  Authorized Signature    MACON COUNTY BOARD OF COMMISSISSIONERS  AGENDA ITEM  MEETING DATE: February 11, 2020 DEPARTMENT/AGENCY: Administration SUBJECT MATTER: USDA lease extension COMMENTS/RECOMMENDATION:  USDA is requesting a lease extension from April 1, 2020- March 31, 2023 for the space they currently occupy, located at 189 Thomas Heights Road Franklin NC, 28734. A copy oft the proposed lease extension is attached for your consideration. Also attached, please find a copy oft the current lease extension, which was approved in April of2017 and will be expiring on  March 31, 2020.  Attachments Agenda Item 11A  X Yes  No    GENERAL SERVICES ADMINISTRATION PUBLIC BUILDINGS SERVICE LEASE. AMENDMENT  LEASE AMENDMENT No.7  TOL LEASE NO. USDA Macon County Service Center  ADDRESS OF PREMISES Macon County Service Center 189 Thomas Height Road Franklin, NC 28734  PDN Number: N/A  THIS AMENDMENT is made and entered intol between The County of Macon whose address is: 5West Main Street, Franklin, NC 28734  hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease to extend lease term.  NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenant and agree that the said Lease is amended, effective upon execution by the 1. Effective upon execution by the Government, the lease period of the above described premises will be extended from 2. Effective. April 1st, 2020, the Government will payt the Lessor annual rent of $9,920.00 payable at the rate of $826.66* per month (representing $5.00 per square foot for 1,984 net usable square feet) in arrears. (*Rates may be rounded.) 3. The Lessor must have an active/updated registration ini the System for Award Management (SAM) System ntps/www.sam.gowy, upon receipt of this lease Amendment. The Government will not process rent payments to Lessors  Government as follows:  April 15t, 2020 through March 315t, 2023.  without an activelupdated SAM Registration.  This Lease Amendment contains 1 pages.  Allo other terms and conditions of thel lease shail remain inf force and effect. INI WITNESS WHEREOF, the parties subscribed their names as of the below date.  FOR THE LESSOR: Signature: Name: Title: Entity Name: Date:  FOR THE GOVERNMENT: Signature: Name: Title: Date:  Lease Contracting Officer. USDA  WITNESSED FOR THE LESSOR BY:  Signature: Name: Title: Date:  Lease Amendment Form 12/12    DEPARTMENT OF AGRICULTURE FARM SERVICE: AGENCY LEASE AMENDMENT  LEASE AMENDMENT TO LEASE NO. PDN Number: N/A  NO,06  USDAI Macon County, Service Center  ADDRESS OF PREMISES Macon County Service Center 189 Thomas Height Road Franklin, North Carolina 28734:  THIS AGREEMENT, made ande entered. intot this datel by and between The County of Macon hereinafter called thel Lessor, and the UNITED, STATES OF AMERICA, hereinafter called the Government:  whose address is; 5West Main Street, Franklin, NC 28734 WHEREAS, the parties hèreto desire to amend the above Lease. amended, effective upon execution by the Government as follows;  NOW THEREFORE, these parties fort thé considerations hereinafter mentioned: covenant. and agree that the!s said Leaséis 1. This Lease Agreement is issued to extend the lease term beginning April 1, 2017 through. March 31,2020. 2. Effective April 1, 2017, the Government will pay the lessor annual rent of $9,920.00 payable at the rate of $826.66 per month, reprèsenting $5.00 per square feet at 1,984: usable square foot in arrears., 3. Pursuant to the Lease Agreement; the tenant reserves the. right to terminate: this lease or decreasei the amount of space. at any time by giving at least 120 days notice in writing to the Lèssor, 4,. The Lessor must have an activelupdated registration in the System for Award Management (SAM) M.SAM.cov, apom receipt of this Lease Amendment. Registration must remain "Active" throughout the léase term and' renewéd anriually, The Government will not process rent payments to Lessors without, an  activelupdated SAM registration.  This Lease Améndment contains (1) page.  All othert terms and conditions of the lease shall remain in force ande effect. INWITNESSWHEREOF, the parties. subscribed their names as oft the below date.  FOR. THE LESSOR: Signature: Title: Date:  FOR THE GOVERNMENT: Signature: Name: Title: Date:  Btids Ginger Rider Warrantedlease Contracting Officer United States Department: of Agriculture. A-h-a07  BAIRY  Name; DEREK C Rovavs Entity Name: MACON tavw WITNESSED FOR THE LESSORBY  CoNTY MAMGOR 5/16/17  milOehe MiKe Decker Deputa Clerlc ho theBoard G5 716117  Signature: Name: Title: Date;  Lease Amondment. Form 12/12    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: February 11, 2020  DEPARTMENT/AGENCY: Administration/school Board Liaisons SUBJECT MATTER: Macon Middle School Renovation Project  COMMENTS/RECOMMENDATION:  Representatives from SGA Narmour Wright will be present to discuss the proposed contract for architectural services at the Macon Middle School renovation project. Attached please find the proposed contract between  SGA Narmour Wright and Macon County.  Attachments Agenda Item 11B  XYes  No    DRAFT  AIA Document B101" = 2017  Standard Form of Agreement Between Owner and Architect  AGREEMENT made as of the 10h day of February in the year 2020 (In words, indicate day, month and) year.) BETWEEN the Architect' s client identified as the Owner: (Name, legal status, address and other information)  ADDITIONS AND DELETIONS: Theauthar of this document has added information needed for its completion. The. author may also have r'evised the text of the original AIA standard form. An Additions and Deletions epott that notes added ormation as well as evisions to the standard form text is available from the.duthar and should be reviewed. This document has important legal copfequences. Consulyation with an attopney/is encouraged with respegt to its completion  podirication. A  Macon County oDerck C Roland Macon County Manager 5West ManStreet FrankI.NG28734 andt the. Architect:  (Name, legalstatus, address and other information) SGA MPAMIgNDAA Co Thomas E Wrightll NCManaging Principal, MicePresident SSTonst SutcA Charlotte NG2820S for the: following Project: (Name, location and detailed description) Macon Middle Schogl Renovations 1345Wells Grovel Rd. Frankii, NC 28734  The Owner and Architect agree as follows.  ELECTRONIC COPYING of any portion of this AIAP Document to another electronic file is pronibited and constitutes a violation of copyright laws as set forth in the footer of this document.  ATA Document B101 2017. Copyright e 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights raserved. WARNING: This AIA Docunent is protected by U.5. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent 1 possible under the law. This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  03/06/2019, and is not for resale. User Notes:  (1349924405)    TABLE OF ARTICLES 1 2 3 4 5 6 7 8 9 10 11 13  INITIAL INFORMATION ARCHITECT'S RESPONSIBILITIES SCOPE OF ARCHITECT'S BASIC SERVICES SUPPLEMENTAL, AND ADDITIONAL SERVICES OWNER'S RESPONSIBILITIES COST OF THEV WORK COPYRIGHTS ANDI LICENSES CLAIMS AND! DISPUTES TERMINATION OR SUSPENSION MISCELLANEOUS PROVISIONS COMPENSATION  12 SPECIAL TERMS AND CONDITIONS SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION  S 1.1This Agreement is based ont the Initial Information set forth in this Section 1.1.  (For each item in this section, insert the information or as statement. such as "not applicable"or" "unkown at time  ofe execution. ")  $1.1.17 The Owner's] program fort the Project: which the program will be developed.)  (Insert the Owner's program, identify documentation thate establishes the Owner' 's  manner in  Nonewbulding construction iticludedwithn this scope efeemad-Nason County MiddleSchool Scope documentdated December, 05, 2019revised December 18,2019.The Owner EACOIb)PGES thiwokonbehalf: ofthe Owner and! Macon County Boardof Education andthat the MaconCounty Board ot (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 stugieqyallabililye of public and private utilities and services; legal description of the site, etc.) Buildingi is appotmately112.580 TGSF including 4,885 SFmezzanine: and7,380SFbasement beneath the North East MingNoworkisn included withiniheb basement area 7580SF) beneaththeNorth) East Wing. S 1.1.31 The Owner's budget for the Cost oft the Work, as defined in Section 6.1: $ 1.1.4The Owner's anticipated design and construction milestone dates:    Paacatonisenfitedto: bekept up todate on the projectatalltmes, 51 1.1.2Thel Project's physical characteristics:  (Provide total and, ifknown, a line item breakdown.)  IKBTMeMis Six Hundred Eighs-Fourhousand Five) Hundred Ninety-Four Dollars  AIA WARNING: Document B101" 2017. Copyright o 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. A11 rights reserved. possible 03/06/2019, under and the is not law. for This resale. draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  this AIA" This Document, AIA Usar Notes:  is protected by 0.5. Copyright Law and International Treaties, Unauthorized reproduction or distribution of or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent 2  (1349924405)    .1 Design phase milestone dates, ifany: Fall-2020 .2 Construction commencement date: Fall2020 3 Substantial Completion date or dates: Summer 2022 .4 Other milestone dates: NA  $1.1.51 The Owner intends the following procurement and delivery method fort the Project: track design and construction, multiple bid packages, or phased construction.) S 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify ando describe the Owner' 's Sustainable Objective) for the Project, ifany.)  (Identif method such as competitive bid or negotiated contract, as well as any requirements. foraccelerated orj fast- CompetitiveBd in accordance with Chapter143, Article 8ofthcNorth Carclina General Statutesand North  Carolina Law.,  N/A  $1 1.1.6.1Ift the Owner identifies a Sustainable Objective, the Owner and Architect shall AIA Document E204TML-2017, Sustainable Projects Exhibit, into this Agreement to define thet 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:  and  services related tot the Owner's Sustainable Objective. If E204-2017 is incorporated: into this agreément, the Owner  and Architect shalli    incorporate the completed E204-2017 into the agreements with the consultants and contractors  (List name, address, and other contact information.)  Dereko. Roland Macon County Manager West Main, Street FranknNC 28734 (828)371-2405  A  S 1.1.8 The persons or entities, in addition tot the Owner's representative, who are required tor review the Architect's  submittals tot the Owner are as follows: (List name, address, and other contact information.)  NGDPI MaconCouty, MaconCounty! Board of Education  5 1.1.9" The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.)  .1 Surveyor: N/A  AIA WARNING: Document This B101" AIA* Document 2017. Copyright is e 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of  A11 rights reserved, (1349924405)  this AIA+ Document, or any portion protected of it, by may U.S. result Copyright in severe Law civil and International and criminal Treaties. penalties, Unauthorized and will be reproduction prosecuted to or the distribution maximum extent of 3 possible 03/06/2019, under the law. This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  and is not for  User Notes:    .3 Other, ifany: NIA  (List any other consultants and contractors. retained. by the Owner.)  5 1.1.10 The Architect identifies the following representative in accordance with Section 2.3:  (List name, address, and other contact information.) MakSeyAIAPptc-Manager: Architect SGA NwINDPA 1815S. Tryonst, SutGA Charlotte, NC:28203 msay@spanwdesenson 919.810.1246  5 1.1.11 The Architect shall retain the consultants identifiedi in Sections 1.1.11.1 and 1.1.11.2  (List name, legal status, address, and other contact information.) 5 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: StewartInc 0INTryon St. Suitc1400 harlotE,NC28202 .2 Mechanical Engineer: NVS 1928SouthBlvd, Sute300 Charlote,NC28203 .3 Electrical Engineer: NV5 1928South Blyd, Suite300 Charlote.NC2820 Plumbing Engineer: NVS 1928SauhBlvd. Suite300 Charlotte-NC28203 .5 Cost Consultant: Palacio Collaborative 2443CaudesINW Allanta.GA30318 .6 Food Service Design: Herbin Design 75251 Dorn Circle Charlotte, NC28212 .7 Civil Design: CMID-:ECOIPBPA PO.Box5432 Asheville, NC28813  AIA Document B101" 2017. Copyright e 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Al1 rights reserved, WARNING: This AIA Document is protected by 0.S. Copyright Law and International Treaties. Onauthorized reproduction or distribution of this AIA+ Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent 4 possible under the law. This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  03/06/2019, and is not for resale. User Notos:  (1349924405)    $ 1.1.11.2 Consultants retained under Supplemental Services: $1.1.12 Other Initial Information on which the Agreement is based: Structral Assessment Report of Mezzaninet to bet providedby Owner Hazardous Materialassessment: tobeprovided byOwner.  NA  $1.21 The Owner and Architect may rely on the Initial Information. Both] parties, however, recognize thatt thel Initial Information: may materially change, and, ini that event, the Owner and the Architect shall apptopriately adjust the Architect's services, schedule fort the Architect's services, andt the. Architect's compensation, The Owner shall adjust the Owner's budget for the Cost oft the' Work andt the Owner's anticipated design and construétion milestones, as $1.31 Thej parties shall agree upon protocols governing the transmission and use ofl Instruments ofService le other information or documentation in digital form. The parties will use AIA Document E2d37M2013, Building Information Modeling and Digital Data Exhibit, to establishi the protocols for the development, use, transmission, 51 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 ini the model and without having those protocols set forth in AIA Document E203TML-2013, Building Information Modeling and Digital Datal Exhibit, andthe requisite AIAI Document G202TM-2013, Project Building Information! Modeling Protocol Form, shalll be at the uising or relying party's sole risk and without liability tot the other party andi its contractors or consultants,tieauthos: of, or contributors to, thel buildingi information: model, ande each oftheir agents ande employees. 5 2.1The Architect shall provide professional services as set forth int this Agreement. The Architect represents that it' is properly licensedi in thej jurisdiction where the Project is located to provide the services requiredbyt this Agreement or shall cause such services tol be performed by appropriately licensed design professionals, $22The Architect shall perform its services consistent with the professional skill and care ordinarilyprovidedt by architects practicing in the same or similar locality under the same ors similar circumstances. The Architect shall perform its services as expeditiously as is consistent withs such professional skill and care and thelorderly progress of 523The Architect shall identify ai representative authorized to act on behalfo oft the. Architeçtwitrespect to the S 2.41 Except with the Owner's knowledge and consent, the Architect. shall not engage in any activityyor accept any employment, interest or contribution that would reasonably appear to compromise the Architect's profèssional $2.5The Architect shall maintain the: followingi insurance until termination oft this Agreement/ lfanyofthe ummssomawameavremaimssAsi.wly-maaia the Owner $ 2.5.1Commercial General Liability with policy limits of not less than sonemillion > (S <1,000,000 3) for each occurrence and <twomillion 3 ($ 2,000,000) ) int the aggregate for bodily injury andj property damage. S 2.5.2A Automobile Liability covering vehicles owned, and non-owned vehicles used, byt the Architectwith policy limits oft not less than N/AD (S $31) )per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use oft those motor vehicles, along with any other statutorily required AIA Document 3101" 2017. Copyright e 1974, 1978, 1987, 1997, 2007. and 2017 by The American Institute of Architects. A1l rights reservad, WARNING: this AIA* This Document, AIA" Document or any portion is protected of it, by may U.S. result Copyright in severe Law and civil International and criminal Treaties. penalties, Onauthorized and will be reproduction prosecuted to or the distribution maximum extent of 5 possible 03/06/2019, under and the is not law. for This resale. draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  necessary, to accommodate material changes in thel Initial Information.  or any  and exchange of digital data.  L  ARTICLE  - I  2 ARCHITECT'S RESPONSIBILITIES  thel Project. Project.  /  judgment withi respect to this Project.  hal-pay-the-Architctasse-eHhion-l1.9.  automobile coverage. User Notes:  (1349924405)    $2.5.31 The. Architect may achieve thei required limits and coverage for Commercial General! Liability and Automobile Liability through a combination ofprimary ande excess or umbrella liability insurance, provided such primary ande excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, andi in no event shall any excess or umbrella liability insurance provide narrower coverage than thej primary policy. The excess policy shall not require the exhaustion oft the underlying  limits only through the actual payment by the underlying insurers. S 2.5.4 Workers' Compensation ats statutory limits.  S 2.5.5] Employers' Liability with policy limits not less than onemillions (S 000,000 eacha accident, sond million (S 1.000,0003) ) each employee, and sonemillion > (S $1.000,000 ) )policy limit. $ 2.5.6 Professional Liability covering negligent acts, errors and omissions in thej performance ofp professional services with policy limits ofr not less than twomillions ($ 2,000,000) per claim and sfour million (S S 2.5.7 Additional Insured Obligations. Tot the fullest extent permitted by law, the Architect shall cause thej primary and excess or umbrellaj polices for Commercial General Liability and Automobile Liability toi include the Owner as an additional insured for claims caused in whole ori inj part by the Architect's negligent acts or orissions. The additional insured coverage shall bej primary and non-contributory to any oft the Owner's insurance policies ands shall S 2.5.8 The Architect shall provide certificates ofi insurance to the Owner that evidence compliance with the 5 3.13 The Architect's Basic Services consist oft those described in this Article: 3 andi include uisyal and customary structural, mechanical, and electrical engineering services. Services not set forthi int this Articlé3afes Supplemental S 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend-Project meetings, communicate with members of the Project team, andi report progress tot the Owner. $3.1.2The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy/ çompleteness, andi timeliness of, services andi information furnished by the Owner and the Owner's consultants Thé Architect shall provide prompt written notice tot the Owner ifthe Architect becomes aware of any error, omission, ori inconsistency 5 3.1.3. As soon as practicable after the date oft this Agreement, the Architect shall submit for theOwner'sa approval a schedule for the performance ofthe. Architect's services. The schedule: initially shalli include anticipated dates fort the commencement of construction and for Substantial Completion oft the Work as set forth in the Initial Information. The schedule shalli include allowances for periods oft time required fort the Owner'sreview, fort the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedulé, jfnecèssary, as the  4,000,000 > )int the aggregate,  applyt to both ongoing and completed operations. requirements int this Section 2.5.  ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES  AL,  orA Additional Services.  in such services or information.  Project proceeds until the commencement of construction. 5 3.1.4The. Architect shall not be responsible for an Owner's directive ofnon-conforming' Work, made or given without the Architect's written approval.  -  or substitution, or fort the Owner's acceptance  S 3.1.5 The Architect shall contact governmental authorities required to approve the Construotion Documents and entities providing utility services to the. Project. The. Architect shall respond to applicable design requirements  imposed by those authorities and entities.  ATA Document B101- 2017. Copyright o 1974, 1978, 1987, 1997, 2007 and 2017 by The Ameriçan Institute of Architects. a11 rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction. or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal panalties, and will be prosecuted to the maximum extent 6 possible under the law. This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires  03/06/2019, and is not for resale. User Notes:  on (1349924405)    $3.1.61 The Architect shall assist the Owneri in connection with the Owner's responsibility for filing documents required for the approval ofg governmental authorities having. jurisdiction over the Project. $3.1.71 In the event the Owner directs the Architect to make revisions tot the Instruments of Service accommodate value engineering, cost-saving measures, or substitutions proposed by the Contractor, Owner. Owner's consultants, or others, against the Architect's reasonable objections to the proposed revisions, the OwnerShall indemnify and hold harmless the Architect, Architect's consultants, and agents and employees ofa any of them from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising outofs such revisions to $ 3.2.1 The Architect shall review the program and other information furnished by the Ownèr, ands shall review 5 3.2.2 The Architect. shall prepare aj preliminary evaluation oft the Owner's program, schedule, budget for the Cost oft the Work, Project site, the proposed procurement and delivery method, and other Initial Information, eachi in terms oft the other, to ascertain the requirements oft thel Project. The Architect shall notify the Dwner of(1)any inconsistencies discovered ini the information, and (2) other information or consulting services that may be S 3.2.3 The Architect shall present its] preliminary evaluation to the Owner ands shall discuss'witli the-@wner alternative approaches to design and construction of the Project. The Architect shall reach ap understarding with the 5 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner's approval, aj preliminary design illustrating the scale andi relationship oft the Project çemponents. $ 3.2.51 Based on the Owner's approval oft the preliminary design, the. Architect shall prepare/Sghematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings'and other documents including a site plan, ifappropriate, andj preliminary building plans, sections and' elevations; andi may include some combination of study models, perspective sketches, or digital representations. Prèliminary selections oft major building systems and construction materials shall be noted on the drawings or describedin writing. S 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 developingadesiga thati is consistent with the Owner's program, schedule and budget fort the Cost of the Work. The Owner may obtain more S 3.2.5.27 The Architect shall consider the value of alternative materials, building systems andequipment, together with other considerations based onj program and aesthetics, in developing a design for the Project that is consistent 5 3.2.6 The Architect shall submit tot the Owner an estimate of the Cost of the Work prepared in accordance with S 3.2.7 The Architect: shall submit the Schematic Design Documents to the Owner and request tthe Owner's 5 3.3.1 Based ont the Owner's approval oft the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and thel budget for the Cost oft the Work, the Architect shall prepare Design Development Documents for the Owner's approval. Thel Design Development) Documients shall illustrate and describe the development of the approved Schematic Design Documents and shall consist ofdrawingsando other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts ofbuilding systems toi fix and describe thes size and character oft the Project as to architectural, structural, mechanical and AIA Document B101* 2017. Copyright e 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. A11 rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ATA" Document, or any portion of it, may result in severe civil and criminal panalties, und will be prosecuted to the maximum extent 7 possible under the law. This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  the Instruments of Service. $ 3.2 Schematic Design Phase Services  laws, codes, and regulations applicable tot the Architect's services.  reasonably needed for the Project.  Owner regarding the requirements oft the Project.  advanced sustainable design services as a Supplemental Service under Section 4.1.1. with the Owner's program, schedule, and budget for the Cost oft the Work,  Section 6.3. approval.  53.3 Design Development Phase Services  03/06/2019, and is not for resale. User Notan:  (1349924405)    electrical systems, and other appropriate elements. The Design Development Documents shall alsoi include outline specifications thati identify major materials ands systems and establish, in general, their quality levels. S 3.3.2 The Architect shall update the estimate oft the Cost of the Work] prepared in accordance with Section 6.3. $3331 The Architect shall submit the Design Development Documents to the Owner, advisé fhe Owner ofany $33.41 The Architect may, with approval of the Owner and appropriate Authorities. combine the-Schematic Design Phase and Design Development Phase into as single Preliminary Design Phase. The scope ofthis Preliminary Design Phase would be equivalent to the Schematic Design Phase and Design Development Phase scbpes.  adjustments toi the estimate oft the Cost of the Work, and request the Owner's approval.  534Construction! Documents Phase! Services  $3.4.1 Based on the Owner'sa approval oft thel Design Development Documents, and on the Qwner's authorization of any adjustments int the Project requirements and the budget for the Cost oft the Work, the Architect shall prepare Construction, Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved. Design Development Documents and shall consist ofI Drawings and Specifications setting forthi in detail the quality levels and performance criteria of materials and systems and other requirements for the construction oft the Work. The Owner and Architect acknowledge that, H order toj perform the Work, the Contractor willj provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the. Architect shall review in accordance with Section 3.6.4. 534.2The Architect shalli incorporate the design requirements of governmental authorities having jurisdiction over $3431 During the development oft the Construction Documents, the Architect shall assist the Ownet ini the development and preparation of(1) procurement information that describes the time, place, andconditions of bidding, including bidding or proposal forms; (2)1 the form of agreement between the Ownerland Contractor; and (3) the Conditions oft the Contract for Construction (General, Supplementary and other Conditiong.The Architect shall also compile aj project manual thati includes the Conditions of the Contract for Construction and-Specifications, and may include bidding requirements and sample forms. The Parties hereto acknowledge that the owner is al North Carolina County. Architect shall assist the owner int the following provisions of Chapter 143, Articlèg oft the) North Carolina General Statutes and North Carolina Law inj performing its duties under this 3.4.3. 3.4.47 The Architect shall update the estimate for the Cost oft the Work prepared in accordarice with Section 6.3. 5 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owper of any adjustments tot the estimate oft the Costo oft the Work, take any action required under Section 6.5, and request the Owner's  the Project into the Construction Documents.  approval. S 3.5 Procurement Phase Services $ 3.5.1 General  The Architect shall assist the Owner in establishing a list ofprospective contractors. Following the Owner's approval of the Construction Documents, the. Architect shall assist the Owner in (1) obtaining either competitive bids orI negotiated proposals; (2) confirming responsiveness ofb bids or proposals; (3) determining thes successful bid or proposal, ifa any; and, (4) awarding and preparing contracts for construction. Thel Parties hgfeie-ackpowledge that the owneri is al North Carolina County. Architect shall assist the owner ini the following provisions ofChapter 143, Article 8, of the North Carolina General Statutes and North Carolina Lawi in performing its duties under this 3.5.1. S 3.5.2.1 Bidding Documents shall consist ofbidding requirements and proposed Contract! Documents.  $ 3.5.20 Competitive Bidding  $ 3.5.2.2 The Architect shall assist the Owner in bidding thel Project by:  .1 facilitating the distribution of Bidding Documents toj prospective bidders; .2 organizing and conducting aj pre-bid conference: for prospective bidders;  AIA WARNING: Document 3101 2017. Copyright o 1974, 1978, 1987,. 1997, 2007 and 2017 by The American Institute of Architects. A11 rights reserved. this AIA This Document, AIA* Document or any portion is protected of it, by may U.S. result Copyright in severe Law and civil International and criminal Treaties. penalties, Unauthorized and will be reproduction prosecuted to or the distribution maximum extent of 8 possible 03/06/2019, under and the is law. not for This resale. draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  User Notes:  (1349924405)    .3 preparing responses to questions fromj prospective bidders andj providing clarifications and interpretations oft the Bidding Documents to the prospective bidders int the form ofa addenda; and, .4 organizing and conducting the opening oft the bids, and subsequently documenting and distributing Thel Parties hereto acknowledge that the owner is al North Carolina County. Architect shall assist the owner in the following provisions of Chapter 143, Article 8, oft thel North Carolina General Statutes and 5 3.5.2.3 Ifthel Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions andp prepare and distribute addenda identifying approved 3 3.5.3.1 Propesal-Deewments: shall omsetpepeaepuireRcacumeNt.  thel bidding results, as directed by the Owner, North Carolina Law inj performing its duties under this 3.5.2.2.  .5  substitutions to all prospective bidders. 35AegolaadPcpsas  3632The-Archiect: ala-wOwnetinohminneywpamly  1 faeilitating the distribatien-efPropesal-Deeuments: edaP-epPee pontraeters-and gpesiag-eFeNupP-tenelenatiompresew, 2 rgaisingaméparicpitingisaspRaeMENSApepestiveceniaee: 3 PREYsaNN fremprospesivecentesamépowdingearfpatiensand psisansefl-wpespammmswlepwy-swwwadPoofpemdaa, Pastispitinginnegalaia.Nnss)umay,  eperteFtmemegohatioareas,#dretebythe-ORer.  3AmwePeN the Ower-wametsw, the Architect ,saBAddiisma'sercdErpbatnenr-nd. prepare and damumsp.g  PdsseAypedwecomn. S 3.6 Construction Phase Services $ 3.6.1General forth  S 3.6.1.1 The Architect shall provide administration oft the Contract between the Owher andt thèÇontractor as set below and in AIA Document A201TM-2017, General Conditions oft the Contract for Construction, Ifthe Owner and Contractor modify AIA Document A201-2017, those modifications shall not affect the Architect's services $3.6.1.21 The Architect shall advise and consult with the Owner during the Construction Phase Sèryices. The Architect shall have authority to act on behalf oft the Owner only to the extent provided ini this Agréement. The Architect shall not! have control over, charge of, or responsibility fort the construction means methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor/shall the Architect be responsible for the Contractor's: failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect. shall be responsible for the Architect's negligent acts oromissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions oft the Contractor or-pfany other $3.6.1.3 Subject to Section 4.2 and except as provided in Section: 3.6.6.5, the Architect's: responsibility toj provide Construction Phase Services commences with the award oft the Contract for Construction and terminates on the date    under this Agreement unless the Owner and the. Architect amend this Agreement.  persons or entities] performing portions of the Work. the Architect issues the final Certificate for Payment. S 3.6.2Evaluations of the' Work 3.6.2.1 The S    Architect shall visit the site ati intervals appropriate to the stage of construction) pr as othèrwise  required in Section 4.2.3, for the sole purpose ofbecoming generally familiar with the progress and quality of the portion oft the Work completed, and to determine, in general, ift the Work observed is being performed in a manner indicating that the Work, when fully completed, will bei in accordance witht the designi intent expressedi in the Contract Documents. However, the. Architect shall not be required toi make exhaustive or continuous on-site inspections to check the quality or quantity ofthe Work. On the basis oft the site visits, the Architect shalll keep the Owner reasonably informed about thep progress and quality of the portion of the Work completed, and promptly AIA Documant B101" - 2017. Copyright e 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights raserved, WARNING: this AIA* This Document, AIR" Document or any portion is protected of it. by may U.S. result Copyright in severe Law and civil International and criminal Treaties. penalties, Unauthorized and will be reproduction prosecuted to or the distribution maximum extent of 9 possible 03/06/2019, under the lav. This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  and is not for resale.  User Notes:  (1349924405)    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 observed ini the Work, No other duties and/or responsibilities are imposed upon the Architect by making the site visits as provided herein. 53622The Architect hast the authority to reject Work that does not conform to the Contract Documents. Whenever the. Architect considers it necessary or advisable, the Architect: shall have the authority, but not the obligation to require inspection or testing ofthe Worki in: accordance with the provisions oft the Contract Documents, whether or not the Worki is fabricated, installed or completed. However, neither this authority oft the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a dutyorresponsibility ofthe Architect tot the Contractor, Subcontractors, suppliers, their agents or employees, or other) persons or eptities $ 3.6.2.3 The Architect shalli interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request ofeither the Owner or Contractor. The Architect's rèsponse to such requests shalll be made in writing within any time limits agreed upon or otherwise with reasonable promptness. $36241 Interpretations and decisions of the Architect: shall be consistent with the intent of,andrpasonably inferable from, the Contract Documents ands shall be in writing or int the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure: faithfulj performance byboth Owner and Contractor, shall not show partiality to either, ands shall not bel liable for results ofi interpretatiensldr decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shallbefinalifçonsistent S 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that termi is definedi in AIA Document A201-2017, the. Architect shall render initial decisions on Claims between the  performing portions of the Work.  with thei intent expressed ini the Contract Documents.  Owner and Contractor as] provided in the Contract Documents. 5 3.6.3Certificates for Payment to Contractor  5 3.6.3.17 The Architect shall review and certify the amounts duet the Contractor and shall  A isspe.çertificates in such  amounts. The Architect's certification for payment shall constitute ar representation toi the Ownerbased on the Architect's observation of the Work as provided in Section 3.6.2 and on the data comprising the. Contractor's Application for Payment, that, tot thel best ofthe Architect's knowledge, information and belief, the Work has progressed to thej point indicated, the quality oft the Work isi in accordance with the Contract Documents, andt that the Contractor is entitled toj payment int the amount certified. The foregoing representations are subject to (1) an evaluation oft the Work for conformance with the Contract Documents upon Substantial Completion,(2)r results of subsequent tests and inspections, (3) correction ofminor deviations from the Contract Documents pfigt to completion, and (4) specific qualifications expressed by the Architect. Language or terms inArchitept's certification ofpay application shall not be construed as imposing al higher or more stringent standard or résponsibility upon the Architect than whati is set: forth in this Agreement. This Agreement, not the Application for Payment or the Architect's certification thereof, shall control the Architect's obligations, responsibilities and standard of care. $ 3.6.3.2 Thei issuance ofa Certificate for Payment shall not be ai representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity oft the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies ofrequisitions received: from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid, on account of 5 3.6.3.37 The Architect shall maintain ai record oft the Applications and Certificates for Payment. 5 3.6.4.1The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval ofthe schedule. The Architect's action in reviewing submittals shall bet taken in- accordance with the approved submittal schedule, but ini no event shall Architect havel less than ten (10) business days, for review and respond to any submissions, including buti notl limited1 to shop drawings, product data or samples, change orders, and AIA Documant B101> 2017. Copyright e 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. A11 rights reserved. WARNING: this AIA" This Document, AIA" Document is protected by 0.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of possible 03/06/2019, under and the is law, not for This resale. draft was produced by AIA software at 07:01:56 ET on 11/05/201B under Order N0.2314892692 which expires on  the Contract Sum. S 3.6.4Submittals  or any portion of it, may result in severe civil and criminal penaltiea, and will be prosecuted to the maximum extent 10  User Notes:  (1349924405)    requests for payment. For submissions that require ther review ofa consultant, notl less than fifteen (15) days shall be 53 3.6.4.27 The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product. Data and Samples, but only fort the limited purpose of checking for conformance with information given andt the design concept expressed int the Contract Documents. Reviewof suchs submittals is not fort the purpose of determining the accuracy and completeness of other information suchjas dimensions, quantities, andi installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute: approval of safety precautions or construction mams,betad-pehnigues, sequences or procedures. The Architect's: approval ofas specific item shall not indicate approval of an assembly of which the itemi is a component. The parties agree that an orderly submittal process is criticalto enabling the Architect toy perform its services, including evaluating whether products to bei incorporatedi into the Work meet the contract: requirements, or the requirements ofthel Building Code, and other applicable governmental regulations. Therefore, ifthe Owner or Contractor fail tot timely provide. Architect alli information necessary to evaluate a submittal in accordance with the protocols set forthi int this Agreement, including without limitation aj proposed substitution, the. Architect shalll have nol liability whatsoever regarding that product's compliahcewith plans and specifications, the Building Code or other applicable governmental regulations. Thej parties further agree thati no course ofo conduct, pattern or practice during construction shall operate to waive or override this provision or section S3 3.6.4.3Ifthe Contract Documents specifically require the Contractor toj provide professional désign services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review andt take appropriate action on Shop Drawings and other submittals related tot the Work designed or certified bythe Contractor's design professional, provided the submittals bear such professional's seal and signaturé when submitted tot the Architect. The Architect's review shall be fort the limited purpose ofo checking for conformance with information given and the design concept expressed int the Contract Documents. The Architectshal be entitled to rely upon, and shall notl bei responsible for, the adequacy and accuracy of the services, certifications and approvals $3 3.6.4.4 Subject to Section 4.2, the. Architect shall review and respond to requests fori information" about the Contract: Documents. The Architect shall set forth, ini the Contract Documents, the requirements for rèquests for information. Requests fori information shalli include, at a minimum, a detailed written statement thati indicates the specific Drawings or Specifications in need of clarification andi the nature oft the clarification requested. The Architect's response tos suchi requests shall be made in writing within any time limits agreed ypon, orotherwise with reasonable promptness. Ifappropriate, the Architect shall prepare andi issue supplemental] $3 3.6.4.5The. Architect andt the Contractor shall each maintain ar record ofs submittals and copiesbfsubmitals $ 3.6.5.1 The. Architect may order minor changes ini the Work that are consistent with thei intent oft the Contract Documents and do noti involve an adjustment int the Contract Sum or an extension of the Contract Time. Subject to Section 4.2,t the Architect shall prepare Change Orders and Construction Change Directives for the Owner's  allotted,  3.6.4 oft this Agreement.  performed or provided by such design professionals.  S  Specifications in response tot the requests for information.  Contractor  I -    supplied by the S 3.6.5 Changes int the Work  in accordance with the requirements of the Contract Documents.  approval and execution in accordance with the Contract Documents. S 3.6.5.2 The Architect shall maintain records relative to changes in the Work,  5 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 to1 the Owner, for the Owner's review and records, written warranties and related documents AIA Document B101" 2017. Copyright o 1974, 1978, 1987, 1997, 2007 and 2017 by The American Insti itute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction. or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent 11 possible under the law. This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  completion;  .2 issue Certificates of Substantial Completion;  required by the Contract Documents andi received from the Contractor; and,  03/06/2019, and is not for resale. User Notes:  (1349924405)    .4 issue ai final Certificate for Payment based upon ai final inspectioni indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with ther requirements ofthe  Contract Documents.  53 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance oft the Work with the requirements of the Contract Documents and to verify the accuracy and completeness oft thelist submitted byt the S 3.6.6.3 When Substantial Completion has been achieved, the. Architect shalli inform the Owner-about,thel balance oft the Contract Sum remaining to bej paid the Contractor, including the amount to bei retained from theContract S 3.6.6.4 The. Architect. shall forward to the Owner the following information received from the Contractor: (1) consent ofs surety or sureties, if any, to reduction in or partial release of retainage ort the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bondsi indemnifying the Owner against liens; and (3) any other $3.6.6.5Upon request oft the Owner, andj prior to the expiration of one year from the date ofSubstantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owher to review the  Contractor of Work tol be completed or corrected.  Sum, if any, for final completion or correction oft the Work.  documentation required of the Contractor under the Contract Documents.  facility operations and performance. 5 4.1S Supplemental Services  L  ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVIÇES  S 4.1.1The services listed below are noti included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated ini the table below ast the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section M.2/Unless otherwise specifically addressedi int this Agreement, if neither the Owner nor the Architecti is designated, the parties (Designate the Architect's Supplemental. Services andi the Owner' ' Supplemental Services réquiredfor the Project byi indicating whether the Architect or Owner shall be responsible for providing the dentifeSpplemental. Service. Insert a description oft the Supplemental Services ini Section 4.1.2 below or attach the description ofservices as an  agree that the listed Supplemental Service is not being provided: for the Project.  exhibit to this Agreement.) Supplemental Services 541.1.1 Programming 4.1.1.2 Multiple preliminary designs S 4.1.1.3 Measured drawings S 4.1.1.4 Existing facilities surveys 54.1.1.5 Site evaluation and planning $4.1.1.6 Building Information Model management $4.1.1.7 Development of Building Information Models for  Responsibility (Architect, Owner, ormpt provided) INP NPI 11 NPI ARCHITECT: NP NP NP NP NP/ NP NP NP NP NP  responsibilities post construction use 541.1.8 Civil engineering 4.1.1.9 Landscape design $4.1.1.10 Architectural interior design $4.1.1.11 Value analysis 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 $4.1.1.13 On-s site project representation 4.1.1.14 Conformed documents for construction  AIA Document B101 2017. Copyright e 1974, 1978, 1987, 1997, 2007. and 2017 by The American Institute of Architects. All rights reserved. WARNING: this AIA+ This Document, AIA Document or any portion is protected of it, by may U.S. result Copyright in severe Law civil and International and criminal Treaties. penalties, Unauthorized and will be repreduction. prosecuted to or the distribution maximum extent of 12 possible 03/06/2019, under and the is not law. for This resale. draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  User Notes:  (1349924405)    Supplemental Services $41.1.15 As-designed: record drawings $41.1.16 As- constructed record drawings $4.1.1.17 Post-occupancy evaluation $4.1.1.18 Facility support services 4.1.1.19 Tenant-related services 4.1.1.20 Architect's coordination oft the Owner's $4.1.1.21 Teiecommumiations/data design $4.1.1.22 Security evaluation and planning $4.1.1.23 Commissioning 4.1.1.24 Sustainable Project Services pursuant to Section 4.1.3 $4.1.1.25 Fast-track design services 4.1.1.26 Multiple bid packages 54.1.1.27 Historic preservation  Responsibility (Architect, Owner, or not provided) NP NP (Contractor) NP NP NP NP NP NP NPA NP NP NP NP NP NP NP A 4  consultants  54 4.1.1.28 Furniture, furnishings, and equipment design $4.1.1.29 Other services provided by specialty Consultants 54 4.1.1.30 Other Supplemental Services S 4.1.2 Description of Supplemental Services  $4.1.2.1A description of each Supplemental Service identified in Section 4.1.1 as the Archiefsisponsibiliyi is (Describe in detail the Architect's Supplemental. Services identified ini Section 4.1.1 or; ifset forthin an exhibit, identif the exhibit. The AIA publishes ai mumber ofs Standard Form ofArchitect's Services documents.that can be  provided below.  included as an exhibit to describe the Architect's Supplemental Services.) 411.4Existing facilitessurveys: as neededto document scope of worktol beperformed  4.1.2.2 54 provided below. identif the exhibit.) NA  AVz  A description ofeach Supplemental Service identified in Section 4.1.1 as the Ownefsisponsibiliy is (Describe inc detail the Owner! 's supplementat Services identified in Section 4.1.1 or, ifsetforthi inan exhibit,  $4.1.3Ift the Owner dentified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204TM-2017, Sustainable Projects.Exhibit, attached  tot this Agreement. The Owner shall compensate the. Architect as provided in Section 11.2.  S4 4.2 Architect's Additional Services  The Architect provide Additional Services after execution oft appropriate adjustment int the Architect's schedule.    may  this Agreement without invalidatingthe  Agreement. Except for services required due tot the fault of the Architect, any Additional Services providedi in accordance with this Section 4.2 shall entitle the. Architect to compensation pursuant to Section 11.3 and an 542.1 Upon recognizing the need to perform the following Additional Services, the Architéct shall notify the Owner with reasonable promptness ande explain the: facts and circumstances giving rise to the need. The Architect AIA Documant: B101 2017. Copyright o 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. A11 rights reserved. WARNING: This AIA" Document is protected by 0.S. Copyright Lav and International Treaties. Onauthorized reproduction or distribution this AIA* Document, or any portion of it, may rasule in severe civil and criminal penalties, and will be prosecuted to the maximum extent of 13 possible under the law. This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires  03/06/2019, and is not for resale. Uaer Notas:  on (1349924405)    shall not proceed to provide the following Additional Services until the Architect: receives the Owner's written .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given byt the Owner, or al material change int the Project including size, quality, complexity, the Owner's schedule or budget for Cost oft the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary-to-specific interpretations by the applicable authorities having jurisdiction made prior to the issuance oft the building permit, or (b) contrary to requirements oft the Instruments of Servicelwhen those Instruments ofService were prepared: in accordance witht the applicable standard of care; 4 Services necessitated by decisions oft the Owner not rendered: in at timely manner or any other failure ofperformance on the part of the Owner ort the Owner's consultants or contractors; .5 Preparing digital models or other design documentation for transmission tot the Owner's consultants .6 Preparation of design and documentation for alternate bid or proposal requestsproposed by the .7 Preparation for, and attendance at, aj public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where .9 Evaluation oft the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; .11 Assistance tot the Initial Decision Maker, if other than the Architect.  authorization:  or editing previously prepared. Instruments of Service;  and contractors, or to other Owner-authorized. recipients;  Owner;  the Architect: is party thereto;  or,  A  S4 4.2.2To avoid delay ini the Construction Phase, the. Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain thei facts and circumstances giving rise to ther need. If, upont receipt oft the Architect's notice, the Owner determines that all or parts oft thes services are not required, the Owner shall give prompt written: noticet to the Architect ofthe Owner's determination. The Owner'shall compensate the Architect for the services provided prior to the Architect's receipt oft the Owner's notice. .1 Reviewing a Contractor's: submittal out of sequence from the submittal schedule approved by the .2 Responding tot the Contractor's requests for information that are not prepared in accordânce witht the Contract Documents or where suchi information is available to the Contractor from a çareful study and comparison of the Contract Documents, field conditions, other Owner-provided, information, Contractor- prepared coordination drawings, or prior Project correspondence drdocimentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation ofContractor's proposals ands supporting data, or the preparation or revision of Instruments ofService; .4 Evaluating an extensive number ofClaims as thel Initiall Decision Maker; or, .5 Evaluating substitutions proposed byt the Owner or Contractor and making subsequent revisions to 54.231 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional .1 Two (2)r reviews of each Shop Drawing, Product Data item, sample and similar,submittals oft the .2 Seventy-Two (72) visits tot the site by the Architect during construction. Oncé ()pehweekx .3 One (1) inspections for any portion of the Work to determine whether such portion ofthe' Work is substantially complete in accordance with the requirements oft the Contract Dpcuments .4 Two (2) inspections for any portion ofthe Work to determine final completion  Architect;  Instruments of Service resulting therefrom.  Services. When the limits below are reached, the Architect shall notify the Owner:  Contractor Eighteen (18) months.  542.41 Except for services required under Section 3.6.6.5 and those services that do not excéed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified int the agreement between the Owner and AIA Document B101" 2017. Copyright o 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. A11 rights reservad. WARNING: This AIA" Document is protected by U.S. Copyright Lav and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent 14 possible under the law. This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order N0.2314892692 which expires on  03/06/2019, and is not for resale. User Notes:  (1349924405)    Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the. Architect incurs 54.2.5Ifthes services covered by this Agreement. have not been completed within Thirty ( 30) months oft the date of this Agreement, through no fault oft the. Architect, extension oft the Architect's services beyond that time shall be $51Unlesso otherwise provided for under this Agreement, the Owner shall provide informaibninatimely manner regarding requirements for and limitations on the Project, including -Wi#tezprogram, whieh-shallseiferth the Owner's objectives; schedule; constraints and criteria, including space requirements and relâtionships; flexibility; S 5.2The Owner shall establish the Owner's budget for the Project, including (I)t the budget fort the Cost ofthe Work as defined in Section 6.1;( (2) the Owner's other costs; and, (3)1 reasonable contingencies related to all oft these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration ofthe Project until final completion. Ift the Owner significantly increases or decreases the Owner's budget for the Cost oft the Work, the Owner shall notify the. Architect. The Owner and the Architect shall thereafter agrcet toa corresponding S 5.31 The Owner shalli identify at representative authorized to act on the Owner's behalf with respéet-to,t the Project. The Owner shall render decisions and approve the Architect's submittals in at timely mannerin order to avoid S 5.4The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site oft thel Project, and a written legal description oft the site. Thes surveys and] legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoiningi property and strnuctureg/derignated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements. andt trees; and information concerning available utility services and1 lines, bothpublic and private, above and below grade, including inverts and depths. All the information on the survey shall bèreférenced to a S55The Owner shall furnish services of geotechnical engineers, which may include test borings, testpits, determinations ofs soil bearing values, percolation tests, evaluations ofhazardous materials, seismic evaluation, ground corrosion tests andi resistivity tests, including necessary operations for anticipating subsoil çonditions, with 5 5.6T The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. $571Fthe Owner identified a Sustainable Objective in Article 1, the Owner shall fulfilli its responsibilities as required in AIA Document E204TM.-2017, Sustainable: Projects Exhibit, attached to this Agreement, 5 5.87 The Owner shall coordinate the services of its own consultants with those services provided by the. Architect. Upon the. Architect's request, the Owner shall furnish copies of the scope ofservices in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other,t thant those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them-as àn Additional Service, when the Architect: requests such services and demonstrates thatt they are reasonably réquirèdby the scope oft the Project. The Owner shall require thati its consultants and contractors maintain insurande, including S 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documerts, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests forl hazàrdous-r mâterials. $5.101 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet1 the Owner's needs andi interests. AIA Document B101 2017, Copyright o 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: this AIA* This Document, AIA Document or any portion is protected of it, by may U.S. result Copyright in severe Law civil and International and criminal Treaties. penalties, Onauthorized. and will be reproduction prosecuted to or the distribution maximum extent of 15 possible 03/06/2019, under the law. This draft was produced by AIA software at 07:01:56 ET an 11/05/2018 under Order No.2314892692 which expires on  additional cost: inj providing those Construction Phase Services.  compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES  expandability; special equipment; systems; and site requirements.  change in the Project's scope and quality.  unreasonable delay ini the. orderly and sequential progress ofthe Architect's services.  Project benchmark.  written reports and appropriate recommendations.  professional liability insurance, as appropriate to the services or work provided.  and is not for resale.  User Notes:  (1349924405)    5 5.11The Owner shall provide prompt written: notice tot the. Architect ift the Owner becomes aware of any fault or defecti int the) Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. 55.121 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the. Architect ofthe substance ofany direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. $5.13E Before executing the Contract for Construction, the Owner shall coordinate the Architect's dutiès and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the. Architect a copy of the executed agreement between the Ownet and Contractor, $ 5.14 The Owner shall provide the Architect access to thel Project site prior to commencement of the Work and shall obligate the Contractor toj provide the. Architect access to the Work wherever iti is inj préparation or progress. $ 5.15 Within 15 days after receipt ofay written request from the. Architect, the Owner shall fumish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights.  including the General Conditions oft the Contract for Construction.  ARTICLE 6 COST OF THE WORK  S 6.11 For purposes oft this Agreement, the Cost oft the Work shall be the total cost to the Owner to construct all elements oft the Project designed or specified by the. Architect and shall include contractors' general'cohditions costs, overhead andj profit. The Cost oft the Work alsoi includes the: reasonable value ofl labor, materials,and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does noti include the çompénsation oft the Architect; the costs oft thel land, rights-of-way, financing, or contingencies for changes in theWorkord other costs  that are the responsibility oft the Owner.  5 6.2 The Owner's budget for the Cost oft the Work is providedi in Initial Information, and throughout the Project as required under Sections 5.2, 6.4 and 6.5.1 Evaluations oft the Owner's the Work, andt the preliminary estimate oft the Cost of the Work and updated estimates oft the Cost ofthe Work, prepared by the Architect, represent the Architect's judgment as a design professional. Iti is recognized, however, thati neither the. Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions! Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's' budget for the Cost oft the Work, or from any estimate of the Cost oft the Work, or evaluation,prépgfed or agreed to $6.31 Inj preparing estimates of the Cost ofWork, the Architect shall be permitted toi includeiontingencies: for design, bidding, and price escalation; to determine what materials, equipment, component systemis, and types of construction are tol be included ini the Contract Documents; to recommend. reasonable. adjustments in the program ands scope oft the Project; and toi include design altemates as may be necessary to adjust the estimated Cost oft the Work to meet the Owner's budget. The Architect's estimate oft the Cost ofthe Work shall be based on current area, volume or similar conceptual estimating techniques. Ift the Owner requires a detailed estimate ofthe Cost ofthe Work, the. Architect shallj provide such ane estimate, ifidentified as the Architect's responsibility-in: Sèction 4.1.1,as $ 6.4If, through no: fault oft the Architect, the Procurement Phase has not commenced within 90 days.after the Architect submits the Construction Documents tot the Owner, the Owner's budget for the Cost oft the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction markét, S6.5Ifata any time the. Architect's estimate oft the Cost oft the Work exceeds the Owner'sb budget for the Cost ofthe Work, the Architect shall make appropriate recommendations tot the Owner to adjust the Project's size, quality,or budget for the Cost oft the Work, and the Owner shall cooperate with the. Architect in making such adjustments. AIA Document B101" 2017. Copyright e 1974, 1978, 1987, 1997, 2007 and 2017 Dy The American Institute of Architects. A1l rights reserved. WARNING: this AIA+ This Document, AIA Document or any portion is protected of it, by may 0.S. result Copyright in severe Law civil and International and criminal Treaties. penalties, Onauthorized and will be reproduction prosecuted to or the distribution maximum extent of 16 possible under the law. This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  adjusted for the Cost of 1 budget  byt the. Architect.  a Supplemental Service.  -  03/06/2019, and is not for resale. User Notes:  (1349924405)    S6.6Ift the Owner's budget for the Cost oft the Work att the conclusion oft the Construction Documents Phase Services is exceeded by thel lowest bona fidel bid or negotiated proposal, the Owner shall .1 give written approval of ani increase int the budget for the Cost ofthe Work; .2 authorize rebidding or renegotiating of the Project within a reasonable 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 the Project program, scope, or quality as required to reduce  56.7Ifthe Owner chooses toj proceed under Section 6.6.4, the Architect shall modify the Construction Documents asi 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.Ift the Owner requires the. Architect to modify the Construction. Documents because the lowest bona fide bid or negotiated proposalèxceeds the Owner's budget for the Cost oft the Work due to market conditions the Architect could not reasonablyanticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section11.3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification ofthe Construction Documents shall be the limit ofthe Architect's responsibility $7.17 The Architect and the Owner warrant thati in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner ofs such information orl has permission from the copyright owner to 57.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their réspective Instruments of Service, including the Drawings and Specifications, ands shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution ofInstruments of Seryice'td meet official regulatory requirements or for similar purposes in connection with the Project is not tol be construed as publication 5 7.3 The. Architect, grants to the Owner ai nonexclusive license to use the Architect's Instruments' of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sims due pursuant to Article 9: and. Article 11. The Architect shall obtain similar nonexclusive licenses from thé Architect's consultants consistent with this Agreement. The license granted under this section permits thé Qwner jo authorize the Contractor, Subcontractors, Sub-subcontractors, ands suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions oft the Instruments of Service, subject to any prblochlyestablished pursuant to Section 1.3, solely and exclusively: for use inj performing services or construction for the Project. Ifthe Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the licenise granted ini this S 7.3.1) Ini the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the. Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees toi indemnify andl holdl harmless the Architect andi its consultants from all costs and expenses, including the cost of defense, 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 of thel Instruments of Service under this Section 7.3.1. The terms oft this Section 7.3.1 shall not applyi ifthe Owner $ 7.4Bxcept for the licenses granted in this Article 7, no other license or right shalll be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement oft the Architect. Any ungutherizeduse oft the Instruments of Service shall be at the Owner's sole risk and without liability tot the Architect and the Architect's  under this Article 6.  ARTICLE 7 COPYRIGHTS AND LICENSES transmit such information for its use on the Project.  in derogation of the reserved: rights of the Architect andt the. Architect's consultants.  V  Section 7.3 shall terminate.  rightfully terminates this Agreement for cause under Section! 9.4.  consultants.  AIA Document B101> 2017. Copyright e 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. A11 rights reserved. WARNING: This AIA" Document is protected by 0.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent 17 possible 03/06/2019, under the law. This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  and is not for resale.  User Notes:  (1349924405)    $7.5 Except as otherwise stated in Section 7.3, the provisions oft this Article 7 shall survive the termination of this  Agreement. S 8.1 General  ARTICLE 8 CLAIMS AND DISPUTES  58.1.17 The Owner. and Architect. shall commence all claims and causes of action against the/êther and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements ofthe binding dispute resolution method selected int this Agreement and within the period specifiedby applicable law, but in any case not more than 10 years after the date of Substantial Completion oft the Work. The Owner and Architect waive. all claims and causes of action not commenced in accordance with this Section 8.1.1. S8 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees oft the other for darnages, except such rights as they may have toi the proceeds of such insurance as set forth in AIA Document A201-2017, General Conditions oft the Contract for Construction. The Owner or the Architect, as appropriate, shall require oft the contractors, consultants, agents, and employees ofa any oft them, similar waivers in favor oft the other parties 58 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other mattèrs in question, arising out of or relating to this Agreement. This mutual waiveri is applicable, without limitation,to all consequential damages duet to either party'st termination oft this Agreement, except as specifically providedi in Sectien 9.7. 5 8.2.1. Any claim, dispute or other matter in question arising out of or related tot this Agreement shallbe subject to mediation as a condition precedent to binding dispute resolution. Ifs such matter relates to ori is the subject ofal lien arising out oft the Architect's services, the Architect may proceed in accordance with applicable law 16 comply with the lien notice or filing deadlines prior to resolution oft the matter by mediation or by binding dispute resolution. 58 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters" in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered- by-the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shalll be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation, The request may bei made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance ofbinding dispute resolution proceedings, which shall be stayed pending mediation fora period of60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selecnonfthe: arbitrator(s) S 8.2.3 Thej parties shall share the mediator's fee and any filing fees equally. The mediation shallbe held int the place where the Project is located, unless another location is mutually agreed upon. Agreements reached ini mediation shall S 8.2.4Ift the parties do not resolve a dispute through mediation pursuant to this Section 8.2, thet method ofbinding  enumerated herein.  S 8.2 Mediation  and agree upon a schedule for later proceedings.  be enforceable as settlement. agreements in any court having jurisdiction thereof.  dispute resolution shalll bet the following: (Check the appropriate box.)  X28 Arbitration pursuant to Section 8.3 oft this Agreement IX1 Litigation in a court of competent jurisdiction  KT Other: (Specify) 2  AIA Document B101" 2017. Copyright e 1974, 1978, 1987,. 1997, 2007 and 2017 by The American Institute of Architects. All rights reservad. WARNING: This AIA" Document is protected by a.s. Copyright Law and International Treaties. Unauthorized reproduction or distribntion of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the possible under the law. This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order NO.2314892692 which expires on  extent 18 (1349924405)  03/06/2019, and is not for resale. User Notes:    Ifthe Owner and. Architect do not select ai method ofbinding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other thanl litigation, the dispute will be resolved in a court of $-834HFthepatiesh hvesaiasisiabiuasionast wtr---y elaim, dispute OFAHheFmaHeF-P-questearisinge --waaA-----, mediation chall bes Subjeette-arbitration-whieh,unless: the patiesmsmallyagreelierisalleadminisieredly REAREPCRAFPMRABeN Asseciatien-in accordanee-wih-SCensirvetonineiy-AtbitmapaRulesigeffestonthe ate-efths-Agreement-A-demand: for sRhalsemadeiMvedwaarpyol 8:3-1-1-A-éemand forarbitration shall be made-ne-earlier -- for medation,baimmoeveishal#bemade: after the-date-when the instihsiepefigaioregealabepreeaingst based ent the elaim,dispute-ere othermatterin quesionwonlkehared. ympisaestnupoe eflimitations pupeses-receptofawae-demandi forarbitratienbyt thej person-erentity-adpinsferngthe arbitration Shal-censtute heimsifsenefltegalerepahepeingbandeatiedaipsieerelhe: h-hms-e--at------at-maweNy yconsemidobypatsle-peuifialyemlonaeinsseninthappieabie law 83-heswardrendeeshyleatimue-gmimwyhe-wwepanitippordmse 13AHBApwAais disereim,mysmalidaes-mdaéAma with-any other imtwhaipragiNck.tathiasien permits sss,)deastanwwwaahasayhhwwaiase: fact; and-(3) the pywy.w-r-------wte $-8.3.4.2 Eitherparty, ati its-sele-diseretien, mayimehniebyeinderpesrsmhslyinevelina eemment questioneflaw-ori fast-whese-presenee: uewh-maina, previded thatt the-party-seught te bejeimed-eensents --wdwyae additionalpersen OF entity-shall note camsisirsousatvasbhinhm.dp"esrhetyesering question 43437heOwnsrandArhgmse.ypmRersymadapayiamatiisaiecohweiséamder: this iosshehwryene Or censelidatien, thes same pm-adcmiaWeOAtat  competent jurisdiction. $ 8.3-Arbitration  Agreemenkzamne-fledvithhepersenk orentityadminsierings the arbitratien  matteri in questien  RanycourthevimgaRdictiontheret:  WAthappheabe-lawinanyou#havingjwrisdieientheeof:  MAConalditsne.ane  not deseribedint the written-eensent PAPIeN  LU  S-8.4The Prowsensefthis-Aricle-s-halsmive: thet PeFAN:AEeNA  ARTICLE 9 TERMINATION OR SUSPENSION  $9.11 Ift the Owner fails to make payments to the Architect in accordance with this Agreement,suchy failure shall be considered. substantial nonpertormance and cause for termination or, at the Architect's option, çause fors suspension ofperformance ofs services under this Agreement, Ift the Architect elects tos suspend services,the Architect shall give seven days' written notice to1 the Owner before suspending services.. Ini the event ofas suspension of services, the Architect shalll have no liability to the Owner for delay or damage caused the Owner becausé pfs such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension,and any expenses incurred ini the interruption and resumption oft the Architect's services. The Architèct's feesfor the 5 9.21 Ift the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurredi int the AIA WARNING: Document This B101" AIA" Document 2017. Copyright is protected e 1974, by U.s. 1978, Copyright 1987, 1997, Law 2007 and International and 2017 by The Treatias. American Unauthorized Institute of reproduction Architects. or All distribution rights reserved. of this possible AIA+ under Document, the law. or any This portion draft was of it. produced may result by AIA in software severe civil at 07:01:56 and criminal ET on 11/05/2018 penalties, under and will Order be No.2314892692 prosecuted to which the maximum expires extent on 19  remaining services and the time schedules shall be equitably adjusted.  03/06/2019, and is not for resale. User Notas:  (1349924405)    interruption andi resumption ofthe Architect's services. The Architect's fees for the remaining services and the time 59 9.3Ifthe Owner suspends thel Project for more than 90 cumulative days for reasons othert than the fault of the Architect, the Architect may terminate this Agreement by giving notl less than seven days' written notice. 59 9.41 Either party may terminate this Agreement upon not less than seven days' written notiçe should the other party fails substantially toj perform in accordance with the terms oft this Agreement through no fault of the party initiating 59 9.57 The Owner may terminate this Agreement upon notl less than seven days' written notidet to the Architect for the S9.61ft the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or'the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable: Expenses incurred, and costs attributable tot termination, including theçosts attributable S 9.71 In addition to any amounts paid under Section 9.6, ifthe Owner terminates this Agreementfor its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to (Set forth below the amount ofany termination or licensing fee, or the method for determining any termination or  schedules shall be equitably adjusted.  thet termination.  Owner's convenience and without cause.  to the. Architect's termination of consultant agreements.  the Architect the following fees: licensing.fee.)  .1 Termination Fee: NA NA  .2 Licensing Feei ifthe Owner intends to continue using the Architect's  -  $9 9.81 Except as otherwise expressly provided herein, this Agreement shall terminate one year from thedate of 59.91 The Owner's rights to use the. Architect's Instruments of Service ini the event ofat terminationofihis Betterment. Ifany required item or component of thel Project is omitted from Architect's Construction Documents, Architect shall noth be responsible for paying the cost to add such item or component to the extent that such item or component would) havel been otherwise necessary to the Project or otherwise adds value or betternjent to the Project. However, ifa anj itemo or componenti is omitted and said item or component is determined tol belnecéssary! by Owner fort the Contractort to construct the Project in accordance with the Owner's understanding of the Proiect or Architect Construction Documents' intent. then Architect, at no additional cost to the Owner,shall bei responsible for providing allr required modifications to the Architect Construction Documents, including but not limited toj preparing and issuing revised Architect Construction Documents (inclusive of Architectural,] MEP.rt).coohination withall Project consultants; attendançe at proiect coordination meetings. and obtaining required apprévals-from authorities having jurisdiction over the Project and/or the Owner's s third party consultants. Subjectt tot the foregoing, in no event will Architect be responsible for any cost oI expense that provides betterment, upgrade or enhancement of the Project. The intent of this paragraphi is to clarify that while Architect will not be responsiblelfort the cost ofan item omitted fromi the Architect Construction Documents except for damages caused by the omission, Architect willnot be relieved fromi itsprofessional liability for the design and preparation of the Architect ConsfructionDocuments. Owner and Architect agree that the services provided pursuant to this Agreement involve risks of1 liability which cannot be adequately compensated for by the payments the Owner will make under this Agreement, and without this limitation of liability, Architect would not be willing to enter into this Agreement. Therefore, notwithstanding the AIA Document B101" - 2017. Copyright o 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: this This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction. or distribution of AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent 20 possible under the law, This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  Substantial Completion.  1  Agreement are set forthi in Article 7 and Section 9.7.  03/06/2019, and is not for resale. User Notes:  (1349924405)    policy limits ofa any insurance carried by Architect, its total cumulative: liability for this Project shall bel limited to the coverage provided under its errors and omissions policy or thef fees paid to. Architect, whichever is more, for damages duet toi its negligent acts, errors, omissions, breach of contract, or any other cause related to or arising from  this Agreement or the Project.  ARTICLE 10 MISCELLANEOUS PROVISIONS thel Federal Arbitration Acts shall govern Section 8.3. Conditions ofthe Contract for Construction.  S 10.1 This Agreement shall be governed by the law oft the place where the Project is located,exchding that jurisdiction' 's choice oflaw rules. Ift thej parties have selected arbitration as the method ofbinding dispute resolution, 51 10.27 Terms in this Agreement shalll have the same meaning as those in AIA Document A201-2017, General S 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agréement without the written consent oft the other, except that the Owner may assign this Agreement to a lender providing financing for thel Project ift thel lender agrees to assume the Owner's rights and obligations under this Agreement, including any 5 10.4Ift the Owner requests the. Architect to execute certificates, the proposed language of sueh-certificates shall be submitted tot the Architect for review at least 14 days prior to the requested dates ofe execution. Ift the Owner requests the Architect to execute consents: reasonably: required toi facilitate assignment to al lender, the. Architect shall execute all such consents that are consistent with this Agreement, provided thej proposed consent is submitted.to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute çertificates or consents that wouldi require knowledge, services, or responsibilities beyond the scope oft this Agréemént. 510.5N Nothing containedi int this Agreement shall create a contractual relationship with, or ra,causeldfactioni inf favor S 10.6 Unless otherwise required ini this Agreement, the Architect shall have no responsibility the discovery, presence, handling, removal or disposal of, or exposure ofpersons to, hazardous materials or S1 10.7 The Architect shalll have the right toi include photographic or artistic representations oft the design oft the Project among the Architect's promotional andp professional materials. The Architect shall be's givèn,feasonable access tot the completed Project to make such representations. However, the Architect's matérials shall noti include the Owner's confidential or proprietary information ifthe Owner has previously advised thelArchitéct in writing of the specific information considered byt the Owner tol be confidential or proprietary. The Owner shall provide professional credit for the Architect int 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 case/pursuant to Section S1 10.81 Ifthe Architect or Owner receives information specifically designated as "confidential" or "business proprietary,"t the receiving party shall keep such information strictly confidential and shall not disclose itt to any other person except as set: forthi in Section 10.8.1. This Section 10.8 shall survive the termination Ofthis Agreement. 51 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice tot the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or toi the extent suchi information isreasonably necessary for the receiving party to defend itselfi in any dispute. The receiving party may alsoidisclosé such information toi its employees, consultants, or contractors in order toj perform services or work solely and exclusively for thel Project, provided those employees, consultants and contractors are subject to the restriotions ont the disclosure and use ofs such information as set forth in this Section 10.8. Thati notwithstanding anything to the contrary contained in 10.8 and/or 10.8.1, owner may and shall comply with the NCI Public laws in all particulars. AIA Document B101x 2017. Copyright e 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. A11 rights reserved. WARNING: this AIA+ This Document, AIA" Document or any portion is protected of it. by may 0.S. result Copyright in severe Law and civil International and oriminal Treaties. penalties, Unauthorized and will be reproduction prosecuted to or the distribution maximum extent of 21 possible 03/06/2019, under the law. This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  payments due to the. Architect byt the Owner prior tot the assignment.  of, at third party against either the Owner or Architect,  in   toxi.subgtances: any  form at the Project site.  9.4.  and is not for resale.  User Notes:  (1349924405)    5 10.9 The invalidity of any provision oft the Agreement shall noti invalidate the. Agreement ori its remaining provisions. Ifiti is determined that any provision oft the Agreement violates any law, or is otherwise invalid or unentorceable, then that provision shall be revised to 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 S1 11.1Fort the Architect's Basic Services described under Article 3, the Owner: shall comperisate the Architectas  the parties' intentions and purposes in executing the Agreement.  ARTICLE 11 COMPENSATION  follows:  .1. Stipulated Sum (Insert amount) NA .2 Percentage) Basis (Insert percentage value) Section 11.6. .3 Other NA  Bight (8)%ofthe Owner's budget fort the Cost ofthe Work, as calculated in accordance with  (Describe the method ofcompensation)  S 11.2 For the Architect's Supplemental Services designated in Section required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of or basis) for, compensation. fnecessary, list. specific services to which!  A  4.1.1 and for any  compensation apply.)  Stipulated Sum amounto of$ $5.00000/Five ThousandDollars) Owner shail compensate the Architect as follows: (Insert amount or basis  S 11.31 For Additional Services that may arise during the course oft the Project, including those under Section 4.2, the    of,  for, compensation)  A  Hourlyfeeper: section 117oras Stipulated Sum mounttobeagreed) paly0waerahdAst 51 114Compensation: for Supplemental and Additional Services of the Architect's consultants when noti included in Section 11.2 or 11.3, shall be the amount invoiced to the. Architect plus ekaa0a-lafp-sem, 125%), or (Insert amount of or basis for computing, Architect 's consultants' compensation; for Supplemental orAdditional  as follows: Services.) 3  5 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of  compensation for each phase of services shall be as follows:  Schematic Design Phase Design Development. Phase Construction Documents Phase Procurement Phase  Fifteen percent ( Twenty percent Thiy percent Five percent (  15 %) %) %) 05 %)  AIA WARNING: Document This BI01" AIA" - Document 2017. Copyright is protected e 1974, by U.s. 1978, Copyright 1987, 1997, Law 2007 and International and 2017 by The Treatiss. American Unauthorized Institute of reproduction. Architects. or Al1 distribution rights reserved. of this possible AIA under Document, the law. or any This portion draft was of it, produced may result by AIA in software severe civil at 07:01:56 and criminal ET on 11/05/2018 penalties, under and will Order be No.2314892692 prosecuted to which the maximun expires extent on 22  03/06/2019, and is not for resale. User Notes:  (1349924405)    Construction Phase Totall Basic Compensation  Thirly percent ( one hundred percent  30 %) 100 %)  S 11.6 When compensation: identified in Section 11.1 is on aj percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified ini this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid inj previous progress payments shall not be adjusted 51 11.6.1 When compensation is on a percentage basis and any portions of the Project are delèted or otherwise not constructed, compensation for those portions of the Project shall bej payable tot the extent services are performed on those portions. The Architect shall be entitled to compensation. in accordance with this Agreement for all services 51 11.7 Thel hourly billing rates for services oft the Architect andt the. Architect's consultants are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normillreview practices.  based on subsequent updates tot the Owner's budget fort the Cost oft the Work.  performed whether or not the Construction Phase is commenced.  (fapplicable, attach an exhibit ofhourly billing rates or insert them below.)  Employee or Category Managing Principal SenorDcitPmmcpal Project Architect/Engmeer CADTehncalFngnet Administrative  Rate ($0.00) $250/hour $150/hour $135/hour $110Aour $85/hour  UL  S 11.8 Compensation: for Reimbursable Expenses  5 11.8.11 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, andAdditional Services andi include expenses incurred by the Architect andt the Architect's consultants directly relatèd to-thel Project, as  follows:  .1 Transportation and authorized out-of-town travel and subsistence; 2 Leng-distance serviees,dedeated: data and commnsatieseees, leinomiermwpwiwa 3 Permitting and other fees required by authorities having jurisdiction over thel .4 Printing, reproductions, plots, and standard form documents; requested by the Owner or required for the Project;  sies,and-extraneis; 5 Postage, handling, and delivery;  .6 Expense  .7 Renderings, physical models, mock-ups, professional photography, and presentation .8 Ifrequired by the Owner, and with the Owner's prior written approval, the Architeet's consultants' expenses ofp professional liability insurance dedicated exclusively to this Projeetyer-the expense of additional insurance coverage or limitsi in excess of that normally maintainedby the Architect's .11 egsassae-miwyeka: YCPA.eN byether-enlities-as  -  consultants; .10 Site-oflice expenses;  .9 ACAep.teaN "-.----ye  ybaweaS.saeOestivsA 12 Other similar Project-related expenditures.  5 11.8.2 For Reimbursable Expenses the compensation: shall be the expenses incurred by theArchitect; and the Architect's consultants plus Opercent ( 09 %) oft the expenses incurred. Reimbursable Expenses identifiedi in 11.8.1 shall be billed towards al Not Tol Exceed Amount of$10,000.00 (Ten Thousand Dollars)  AIA Document B101" 2017. Copyright o 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. A11 rights reserved. WARNING: this AIA This Document, AIR Document or any portion is protected of it, by may 0.S. result Copyright in severe Law and civil International and criminal Treaties. penalties, Unauthorized and will be reproduction. prosecuted to or the distribution maximum extant of 23 possible under the law. This draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires  03/06/2019, and is not for resale. User Notes:  on    51 11.9 Architect's Insurance. Ifthet types and limits of coverage required in Section 2.5 are in addition to the types and1 limits the Architect normally maintains, the Owner shall pay the. Architect fort the additional costs incurred by (Insert the additional coverages the Architect is required to obtain in order to. satisfy the requirements setj forth in  the Architect fort the additional coverages as set forthl below: Section 2.5, andj for which the Owner shall reimburse the Architect.)  KNA)  S 11.10 Payments to the Architect S 11.10.1 Initial Payments  11.10.1.1. An initial payment of zero ($ D)s shall be made upon execution oft this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoiçe. $11.10.1.21 Ifa Sustainability Certification is part of the! Sustainable Objective, ani initial payment to the Architect of Zero (S 0 )shall be made upon execution oft this Agreement fori registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments tot the Certifying Authority shall be credited to the Owner's account att the time the expense is incurted. $11.10.2.1 Unless otherwise agreed, payments for services shall be: made monthly inj proportipn fo services performed. Payments are due and; payable upon presentation of the Architect's invoice. Amounts unpaid NAK NAI) days after the invoice date shall beari interest att the rate entered below, or ini the absence thereof at the jegalt rate  51 11.10.2 Progress Payments  prevailing from time tot time at the principal place of business oft the Architect. (Insert rate of monthly or annual. interest agreed upon.)  zerd % 0  $11.10.221 The Owner shall not withhold amounts from the Architect's compensation toi impose apenalty or liquidated damages on the Architect, or to offset sums requested by orj paidt to contractors for the cost of changes in the Work, unless the. Architect agrees or has been found liable for the amounts in a binding dispute resolution 5 11.10.2.3. Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis ofhourly rates shall be available to the Owner at mutually convenient times.  proceeding.  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.)  Architect shall complywith the e-verifications requirements ofArticle2 ofChapter 64 ofthe General Statutes. Frther,ifitutlizs subcontractor to comply with the e-venfication: requiements, of Articlo2of That notwithstanding anythig to the contrary contained, herein, the Contract for Constructions shall include amon.bindimg.melation agreement which preserves the optionof either party to gotocourt as requiredby Architect shall take all necessary! steps to assist Owner with comphance: by Owner with the provisions of Chapter143, Article 8 ofthe North Carolina GeneraiStatutes In connections Withthe project whichisthe subject matterofthis agreement and will assist Legal Counsel for Owner m making any required certifications tothel N.C.local Government Commission: orLenders in connectionwith: thes same. D. Architectshalltake, all necessary stepsto assist Owner withe e-verihcation: compliance in connection with  M  Chapter 64 dieGenemalStatutes,  NCGeneral Statute 143-1289f1) and this provision shal! control.  theContract: for Construction to be specibed by this agreement:  WARNING: AIA Document B101 - 2017. Copyright o 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. A11 rights reserved. this AIA* This Document, AIA" Document or any portion is protected of it, by may U.S. result Copyright in severe Law and civil International and criminal Treaties. penalties, Unauthorized and will be reproduction prosecuted to or the distribution maximum extent of 24 possible 03/06/2019, under and the is law. not for This resale. draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  User Notes:  (1349924405)    Architect shall take all pecessary steps to assist Ownerwith mplaseerteiperty. Business Outreach  KhaiataataaN. Carolina. ARTICLE 13 SCOPE OF THE AGREEMENT  $13.1This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negonations, representations or agreements, either written or oral. This Agreement may be  amended only by written instrument signed by both the Owner and Architect. S 13.2 This Agreement is comprised of the following documents identified below:  .1 AIAI Document B101TM-2017, Standard Form. Agreement Between Owner and Architect .2 AIA Document E203TM-2013, Building Information Modeling and] Digital Data Exhibit, dated as  indicated below: .3 Exhibits:  (Insert the date ofthe E203-2013 incorporated into this agreement.)  (Check the appropriate box for any exhibits incorporated into this Agreement [1 AIA Document E204TM-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date oft the E204-20171 incorporated: into this agreement.). and scopes ofservices identified as exhibits in Section 4.1.2.) (List other documents, ifany,forming part oft the Agreement.)  3  -  [I Other Exhibits incorporated into this Agreement:  (Clearly identif any other exhibits incorporated. into this Agreement, including any exhibits  .4 Other documents:  Macon County MiddleSchoolscope" dHaDaeiks519sa4 dated12.1819  This Agreement entered into as oft the day andy year first written above.  OWNER (Signature)  2A (Printed name and title)  ARCHITECT (Signature) Vice President  Thomas H. Wnght IL NCI Managing Principal, (Printed name, title, and license hunber, ifrequired)  PREAUDIT CERTIFICATE  This instrument has been preaudited. in the manner: required by the Local Government Budget and Fiscal  Control. Act.  This the_ dayof  2020  Macon County.Finançe Officer  AIA WARNING: Document B101 2017. Copyright e 1974, 1978, 1987,. 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. this AIA* This Document., AIA* Document or any portion is protected of it, by may U.S. result Copyright in severe Law and civil International and criminal Treatias. penalties, Onauthorized and will be reproduction prosecuted to or the distribution maximum extent of 25 possible 03/06/2019, under and the is law. not for This resale, draft was produced by AIA software at 07:01:56 ET on 11/05/2018 under Order No.2314892692 which expires on  User Notes:  (1349924405)    Macon County Middle School Scope  December 05, 2019 / Revised 12.09.2019/ Revised: 12.16.19/Revised 12.18.19  ITEM NEW CONSTRUCTION: RENOVATION  12.05 12.09 12.16: N  Multi-Purpose /Locker Room  DEMOLITION Allt trades all work SITE  Y Y Y Y Y N  Guard Rails for code compliance (exterior stair Rails at entry) Foundation Drainage at Band Room downspout Leader1 tie-ins etc.  Replace Drop-Off /E Entrance Canopies Downspout Leader tie-ins, etc. ensure flow  Parking lot Paving ROOF  Replace all membrane roof areas- Inc. potential insulation / replacement or addition Replace shingle roof areas with SSM to match existing Rework mechanical screen pitch pockets and rusted steel supports Minimal repair of gutters / downspouts Repair exterior soffits Replace SSM/i improve insulation value EXTERIOR WALLS Clean and repoint brick  Y Y Y Y Y N Y Y Y Y  Replace all windows andi install sill flashing with end dams to greatest extent possible, attempt to use a singular window system type to greatest extent possible. Provide larger windows in areas where required to meet life safety egress requirements Repair, rework or provide lintels at all openings as needed Replace all exterior door assemblies, including sidelights where applicable. New doors/ hardware to allow for access control system as defined by School: System (control system not Y in scope)new door assemblies to be non-visual Repair damaged section of exterior wall at south face of West Wing Review / update exterior entry access methods Develop screen wall at cafeteria patio area for visual and physical security- Cost Options for réview and possible inclusion Structural review for foundation deficiencies determine remediation: requirements Basement area of 1995 addition  Y N N/Y revised N N/Y revised N N Y  Generate  Exterior wall of original building to ber reviewed byt third party moisture intrusion specialist to  Generate. Costs Options for possible Alternate  inclusion  Improve insulation value of exterior wall (meet current energy code)  INTERIOR     Remove / replace all ceiling finishes here-werkabovecetingelngocewdanication    Add two stop elevator to provide access to Mezzanine Add railing to stairs and ramps for code compliance Repair /replace millwork impacted by window changes New Floor Finishes (restrooms only) Replace toilet partitions / accessories Replace toilet fixtures /v water fountains New Wall Finishes Paint (all) Cafeteria tables Reconfigure locker rooms / showers Replace general lockers altérnate  Y Y Y Y Y Y Y Y Y revised Y revised N N Y  Kitchen equipment /hood replacement ($150k equip AISACASana,  Front desk security, screen /SRO office at lobby (add +/- 600sf partition with 2 doors)  Include as Add Alternate  Increase toillet count/enlarge restrooms in three classroom wings- added 12.16.19 possible  revised  Interior Doors/ Hardware / Keying Freplace hardware/keying refinsh all / replace as nèeded Y revised  Replace rétractable bleachers include as Add Alternate Add office areas to south side of second level at Mezzanine  Y revised N N Y. revised  Lower area of 1995. Addition Replace Carpet ini Classrooms. w/VCT  MECHANICAL  5  Remove /replace all rooftop units with less that 5 years remaining useful life Remove /replace all controls associated with the roof top units Remove /replace all internal lined ductwork Remove /replace all exhaust fans with less that 5) years remaining useful life Modify ventilation to serve increased toilet count/ / enlarge restrooms for code compliance Remove /replace kitchen exhaust and makeup air units (see allowance above) Remove /replace all grease exhaust ductwork (see allowance above)  Y Y Y Y Y Y Y N Y Y Y Y revised Y Y Y N N  Convert plenum return to ducted return  ELECTRICAL  Replace/add LED lights and controls throughout school Replace/add electrical distribution throughout school as necessary Replace/add fire alarm system throughout school rooms and fiber from each room to MDF1.  Add aprox, 131 new data drops, Relocate IDFS5,7,9- replace. all existing drops to these  PLUMBING  -  Remove /Replace water heaters for general domestic hot water generation Remove/replace water heaters for kitchen domestic hot water generation Modify plumbing for replacing toilet fixtures/v water fountains  Modify plumbing to serve increased toilet count / enlarge restrooms for code compliance Addi fire protection to the entire facility to take advantage of reduced wall ratings  Fire Protection  -    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: February 11, 2020 DEPARTMENT/AGENCY: Legal  SUBJECT MATTER: Macon Middle School Renovation Project  COMMENTS/RECOMMENDATION:  Please find attached a resolution exempting surveying services for the Macon Middle School renovation project from the provisions of Article 3D  ofChapter 143 ofthe North Carolina General Statutes.  Attachments Agenda Item 11C  X Yes  No    RESOLUTION EXEMPTING SURVEYING SERVICES FOR MACON MIDDLE GRADE SCHOOL RENOVATION PROJECT IN MACON COUNTY, NORTH CAROLINA, FROM THE PROVISIONS OF ARTICLE: 3D OF CHAPTER 143 C OF THE  NORTH CAROLINA GENERAL STATUTES  WHEREAS, Article 3D of Chapter 143 of the North Carolina General Statutes establishes a general public policyregardingp procurement of surveying services; and WHEREAS, North Carolina General Statutes Section 143-64.32 provides:  "Units of local government or the North Carolina Department of Transportation may in writing exempt particular projects from the provisions of this Article in the case of proposed projects where an estimated professional fee is in the amount less than fifty thousand dollars  ($50,000)"; and  WHEREAS, Macon County is now in need of surveying services for the proposed Macon Middle Grade School Renovation Project in Macon County, North Carolina; and WHEREAS, the estimated professional surveying fees for the required surveying work on the proposed Macon Middle Grade School Renovation Project in Macon County, North  Carolina is in an amount less than fifty thousand ($50,000) dollars.  NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF MACON that the proposed surveying services project for the proposed Macon County Middle Grade School Renovation Project in Macon County, North Carolina, is hereby exempted in writing from the provisions of Article 3D of Chapter 143 of North Carolina General Statutes pursuant to the provisions of N.C. Gen. Stat.  $143-64.32.  Adopted this 6th day ofFebruary, 2020  James Tate, Chairman  Macon County Board of Commissioners  ATTEST: Clerk to the Board (COUNTY SEAL)  1    SPRINKLE SURVEYING, P.A.  464 WEST PALMER STREET FRANKLINNC2874 PHONE (828)524-5867FAX (828) 524-7994 wapmnatsuneymgcon  G.L. Sprinkle Professional Land Surveyor  PROPOSAL  TO: Jack Morgan  Date: 1/31/2020  Macon County, NÇ  Job Name/Location: Macon Middle School  We hereby submit specifications and estimates for: Tapographic survey and plat oft the designated area around the existing building as. shown on the attached drawing.  We propose hereby to furnish material and labor complete in accordance with the aboye specifications for the sum of: $7,500.00 (Seven thousand Five hundred. dollars and  no/100 cents.)  Payment to be made as follows:  Lump sum upon delivery of plats.  Authorized Signature:  HL G.L. Sprinkle, PLS-1454  ACCEPTANCE OF PROPOSAL, The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.  Payment will be made as outlined above.  Date of Acceptance  Authorized Signature    Google Maps Macon Middle School  Google  Imagerys 02019 Google,! Imagery 020191 Maxar Technologies, USDA Farms ServiceA Agency, Mapd data 02019 200fts    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: February 11,2020 DEPARTMENT/AGENCY: N/A  SUBJECT MATTER: "No Wrong Door" agreement for inmate  services  COMMENISRECOMMENDATION:  Sheila Jenkins, representing "No Wrong Door" (a recovery and assistance program for those experiencing mental health and/or substance abuse issues) will be present to discuss services that will be offered to inmates housed in the Macon County Detention Center under the proposed agreement. Macon County will be joined in this effort by the Town of Franklin, who like Macon County, has shown their commitment to assisting those in our community suffering from mental health and/or substance abuse issues. No additional funds for Macon County's participation in this agreement will be necessary as funding for inmate services is already contained in the FY 20' Detention Center Budget. The proposed agreement will be distributed at the  meeting.  Attachments Agenda Item 11D  Yes X No    MACON COUNTY BOARD OF COMMISSISSIONERS  AGENDA ITEM  MEETING DATE: February 11, 2020 DEPARTMENT/AGENCY: N/A SUBJECT MATTER: Consent Agenda COMMENTSRECOMMENDATION:  12A. Minutes of the January 14, 2020 Regular meeting  12B. Budget Amendments #164-166  12C. Order Macon County Tax Office to collect unpaid taxes for 12D. Tax Releases in the Amount of$197.80 for the month of January  current fiscal year as per NCGS 105-369  12E. Tax Office Monthly Report  Attachments Agenda Item 12A-12E  X Yes  No    MACON COUNTY BUDGET AMENDMENT  AMENDMENT FROM: Tina Wiggins  64  DEPARTMENT: Regulations & Codes  EXPLANATION: Transfer funds from the Insurance Settlement to the Vehicle Repair Account.  ACCOUNT 113839-485000 114350-556503  DESCRIPTION Insurance Settlement. Vehicle Repairs  INCREASE 1,673 1,673.  DECREASE  - - -  REQUESTED BY DEPARTMENT HEAD Jack Morgàn  RECOMMENDED BY FINANCE OFFICER Bpidepa  APPROVED. BY COUNTYMANAGER  ACTION BY BOARD OF COMMISSIONERS 4f20aDmhig  APPROVED. AND ENTERED ON MINUTES DATED  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENTE FROM: Lindsay Leopard DEPARTMENT: Sheriff's Office  165  EXPLANATION: MaconCounty Grime Stoppers donationtos go towards the cost of "The Sheriff  App" DESCRIPTION Contracted: Services Donations  ACCOUNT 114310-555106 "3850-445800  INCREASE $3,000.00 $3,000.00  DECREASE  QUESTEDBYDEPAETMENT AEAD RECOMMENDED BVF FINANCEOFACER APPROVEDE BY COUNTY MANAGER  anlepre  ACTION: BYBOARDOF COMMISSIONERS gl/2020 meehing  APPROVEDANDI ENTERED ON.MINUTESDATED,  CLERK    MACONO COUNTY BUDGET AMENDMENT  AMENDMENTE FROM: Robert L,Holland DEPARTMENT: ACCOUNT 1I-3839-4850-00  /bb Sheriff DESCRIPTION Insurance  EXPLANATION: Insurance Settlement  INCREASE $1,713.00 $1,713.00  DECREASE  I-4310-5565-03 Vehicle Repairs  REQUESTED BY DEPARIMENTHEAD RECOMMENDED BY FINANCE OFFICER APPROVEDI BY COUNTY MANAGER  Blnleupitr  ACTION BY BOARD OF COMMISSIONERS Blu/2020 mebng  APPROVED. AND ENTERED ON MINUTES DATED  CLERK    Derek Roland From: Sent: To: Cc: Subject: Attachments: Hi Derek,  Teresa McDowell tmcowel@maconncoig" Wednesday, February 5, 20203:15PM roland@maconncorg braswel@maconncorg  Commissioners Report for. anuary/Report of Unpaid Taxes COMMISSIONERS REPORT OF UNPAID AND COMMISSIONERS REPORT.pdf  have attached the Commissioners report for. January, 2020 along with the report of unpaid taxes that is statutorily required to be presented to the commissioners in February ofe each year. At this point we will start utilizing enforced collections to collect the outstanding balance. The tax collection rate is down just al little this month, but we are still trying to even outi from November, 2019. Some oft the escrows which normally pay in November, paid in December instead. This caused a decrease int the November collection rate, which has taken al little time to bring! back up to what we normally see. Again, we will send out the second notices (dated for Friday, February 7t) and ati that point will: start garnishments etc. ont the current year delinquents. We normally experience a significant increase once the second notices are mailed, and expect to see that again this year. Ijust wanted to give youal little update on where we are currently. Please let me knowi if you have any questions or need any other information. Thanks! Teresa  Tgrgsa McPowgll Tax Collgetions Supgrvisor Macon County 5 Wgst Main Strggt Franklin, NC 28734 828-349-2149 828-349-2564  I    STATE  Macon County" Tax Office 5West Main Street Franklin, NC 28734  Phone: (828)349-2149 Fax: (828)349-2564 imedowell@masomeors  TO: FROM: DATE: RE:  MACON COUNTY COMMISSIONERS Macon County Tax Office Teresa McDowell, Tax Collections Supervisor February 4, 2020 N.C.G.S. 5105-369  North Carolina General Statute 5105-369 states that in February of each year, the tax collector must report to the governing body the total amount of unpaid taxes for the current fiscal year that are liens onr real property. The: statute also states that upon receipt of the report, the governing body must order the tax collector to advertise the tax liens. Thisi is a request for the Macon County Commissioners to order the tax office, per this statute, to collect any unpaid taxes owed to Macon County. Currently our collection rate is 94.02% whichi isa a slight decrease Qver the collection rate of 94.25% at this time last year. However, there is stiil al balance of $1,734,202.47 outstanding and enforced collections will now need to be utilized in order to collect as much of that outstanding balance as possible. Notices regarding this process willl be sent to alli taxpayers who have a delinquent tax account. They, will have thirty (30) days to respond before the actual advertising of liens is published. Thank you and please contact me if you should have any questions.  Respectfully,  Teresa McDowell Tax Collections Supervisor    Tax Collections 02/03/20 Group Mamber REL*20*1 Seq Date Account Taxbill Nbr Number Number 01/24/20 93839 19A93839.12 OLVERA, SILBANO TORREZ 01/24/20 93839 18A93839.12 OLVERA, SILBANO TORREZ  Detail Transactions by Group Abatement Tax Transaction Code Amount GO1 3.51- FO1 0.51- L01 95.00- 99.02- GO1 3.27- F01 0.51- LO1 95.00- 98.78- 0.51- 0.51- 3.27- 3.51- 95.00- 95.00- 197.80- Totals By Tax Cycle Current Delinquent 0.00  RTC020303 Page 1  Bffective Date 01/31/20  Levy Penalcy Addl Interest Disent Trn Check Trans Rev Amount Amount Chgs Amount Amount Cde Number Descriptn 0.00 95.00- 0.00 4.02- 0,00 95.00- 0.00 0.00 R CLERICA 0.00 95.00- 0.00 3.78- 0.00 95.00- 0.00 0.00 R CLERICA 0.51- 0.00 0.00 0.00 0.00 0.51- 0.00 0.00 0.00 0.00 3.27- 0.00 0.00 0.00 0.00 3.51- 0.00 0.00 0.00 0.00 0.00 0.00 95.00- 0.00 0.00 0.00 0.00 95.00- 0.00 0.00 7.80- 0.00 190.00- 0.00 0.00  3.51- 0.00 0.51- 0.00 3.27- 0.00 0.51- 0.00  0.00 0.00 0.00 0.00  Tax Code Totals F01*18- FR FIRE F01*19- FR FIRE G01*18- GEN TAX G01*19- GEN TAX L01*18- RES FRE L01*19- RES FEE Total for Group REL*20*1 Cycle A  197.80-    MONTHLY ADVALOREMT TAX lan-20  Begnning tev Less less Equals Gross  less  Qutstanding 1734202.47 Oulstanding Collection Balance Percertage  MonthtoDate Balance Added Relesses Wiite Otf, Adilevy Paytients Refunds Misc Or/Cr NetFaymenis Balance  GeneralTax 4740870.96 1081G.78 340.56 23.89 4751317.29 3036555.81 15407.02 Fire Districts 678501.78 1556.1) -6D.6 3.54 679994.55 428034.56  643.35 427391.31 252603.24 95 188189.7 223085.69  Landhiru UserFee 411465.31 totals General7 Tax fire! Districts Landfiuseriee Totals  0 110 0.52 411275.39 188284.7  5830838.65 12367.25 590.62 28.US 5842587.23 3652875.17 15407.02 4772.32 3632695.33 2209891.4 Balance Adder Reieuses Write-ofs Adjlevy Payments Refunds Misc Or/CF Neti  Beginning lewy LSS Less Equals Gross  less  29020331.8 13279.14 -1184.36 29005867.73 27435384.53 140168.43 24550.84 -27271665.26 1734202.47 3402 15573109.1 1677403 -1371.93 35554963.15 33514064.5 140168.43 28824.32 33345071.75 2209891.4 93.76  3998322.28 1974.29 175.58 3996172.41 -3746410.77 2554455 1520 11.99 2552923.01 2331269.2  2841.6 3743569.17 252603.24 93.68 1431.88 2329837,32 223085.69 91.26  94.02% collectedo on2 2019generalt taxes. lateli listing penalties, discoveriesa and deferedtsvesasof) 1/31/2920a as comparedto943 25%0 collecteda asot 1/31/2019    MACON COUNTY BOARD OF COMMISSISSIONERS  AGENDA ITEM  MEETING DATE: February 11,2020 DEPARTMENT/AGENCY: Fire  SUBJECTMATTER: Nantahala Fire and Rescue ReliefFund Trustees  COMMENTS/RECOMMENDATION:  Request approval of Katherine Bryant and Daniel Lopp as Relief Fund  Board Trustees appointed by Local Government.  Trustees were  recommended by the Fire Department.  Attachments Agenda Item 13A  X Yes  No    Relief Fund Board of Trustees Nantahala Vol. Fire & Rescue 2019 Certification Date 1/13/2020  Cèrtified By David Moore  Board Trustees elected by Fire Department  Trustee #1 Laura Morgan 168 Grassy Branch Road Topton, NC 28781 monganzs/elegmal.com (828)557-6277 Trustee #3 Katherine Bryant 18150 Wayah Rd Aquone, NC 28781 axlady287810a0.com (828)321-4714 Trustee #5 Jennifer Moore 127 Passmore Hollow Road Topton, NC 28781 istanmomewicbuenet (828)321-0604  Trustee #2 Ronnie Joe Rowland 18332 Wayah Rd Topton, NC 28781 M1r3200@gmal.com (828)321-5130 Trustee #4 Danlel Lopp 84 Britannia Dr Topton, NC 28781 Gane.oppemaon.t2ncus (828)361-3030  Board Trustees appointed by Local Government  Board Member appointed by Insurance Commissioner  Thursday, January 30, 20203:48PM    NCDOI OSFM] Fire-Rescue Grants andl ReliefFunds- Firefighter...  htp/wwwapdicom00S.MPi.Rasu.dmts,mdReliet,  NCDOI OSFM I Fire-Rescue Grants and Relief Funds - Firefighters ReliefFund  GSse8rithmgss8so  Funding: G.S. 105-228.5 Purpose:  This is funded by aj percentage oft the tax paid on property coverage pursuant to  Tof financially assist a firefighter that has been injured or killed while performing  fire department duties. Eligibility Criteria:  Fire departments must meet the following requirements to receive thei tax that is  collected within their fire district:  Member oft the North Carolina State Firefighters' Association Submit Firefighter's ReliefFund financial statement tot the NC State Establish a Firefighter's Relief Fund Board ofTrustees. This board consists of; two position's elected by thei fire department, two positions appointed by the City or County Commissioner's, one position appointed by the Insurance Commissioner. One ofthe five (5) board members will be elected as the' Treasurer. The North Carolina Department of Insurance provides al blanket honesty bond to cover alll local Firefighter's ReliefF Fund The Department of Insurance annually compiles the above qualifications for each rated fire district to verify which fire departments are eligible to receive their Firefighter's Relief Fund tax. Fire departments that meet all requirements are eligible to receive thet tax collected within their rated fire district. The Firefighter's Relief Fund checks are: mailed to the City/County Clerk-Finance Officer with a memo instructing them toi forward toi thei fire department. Ifai fire department fails to meet all oft the requirements, their tax money is transferred tothe North Carolina Statel Firefightersaerw Association tol be held in the State  Firefightersàew Association  Treasurer's.  Firefighter's ReliefFund account. Additional Use of Funds:  The North Carolina General Assembly amended G.S. 58-85-35 to allowlocal Firefighter's Relief] Fund boards to use local funds for educational benefits, supplemental retirement, purchase other insurance and pension protection.  lof2  2/3/2020, 8:29 AM    NCDOI OSFM/Fir-Rescue Grants and] ReliefFunds : Firefighter..  htps/wwwncdaicon/0MPi.asue.Gmmts,mdRelet,  Upon the local board approving such expenditures, the North Carolina State Firefighters' Association must also approve, to ensure thei fund will remain Thel Firefighter's ReliefFund benefit is administered through the Office of State Fire Marshal Firefighter's Relief Fund ofthe Department of] Insurance, 1202 Mail Service Center, Raleigh, NC: 27699-1202. In addition, the North Carolina State Firefighters' Association, 323 W.3101Industrial Drive, Raleigh, NC: 27609  actuarially sound for the original intent.  1-800-253-4733- Tim Bradley is the Executive Director.  2of2  2/3/2020, 8:29. AM