LEE COUNTY BOARD OF COMMISSIONERS DENNIS WICKER CIVIC CENTER 1801 NASH STREET SANFORD, NC 27330 October 16, 2023 MINUTES Roll Call Present: Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor Vorbeck, Dr. Andre Knecht, Robert Reives CALL TO ORDER INVOCATION Chairman Kirk Smith called the meeting to order at 6:00 p.m. Commissioner Cameron Sharpe led the Board and attendees in a moment of silence. Commissioner Taylor Vorbeck arrived at 6:02 p.m. PLEDGE OF ALLEGIANCE Local Boy Scouts Pack #942 led the Board and attendees in the Pledge of Allegiance and each scout member also described what the Pledge means to them. I. ADDITIONAL AGENDA Chairman Smith asked that two items be added onto the agenda - - item I.L. Approval of Contract with Moseley Architects for the Jail Feasibility Study and VI.G Request from Bread of Life Ministries for Funding to Operate an Extreme Weather Shelter. Commissioner Robert. Reives asked that items VI.C Approve proposal and contract for NC Fire Chief Consulting to conduct a Comprehensive Fire Services Study and Long- Range Plan, VI.D Resolution in Supporting Operation Green Light for Active Military Service Members in Transition to Civilian Life (Veteran Status), and VI.FA Resolution In Support of the Consolidation of Eastpointe Human Services and Sandhills Center be added to the Consent. Agenda. Motion: Motion to approve the Agenda as amended. Mover: Robert Reives Lovick, Taylor Vorbeck Motion Result: Passed For:7-Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark II. APPROVAL OF CONSENT AGENDA Motion: Motion to approve the Consent Agenda as amended. Mover: Robert Reives Mark Lovick, Taylor Vorbeck Motion Result: Passed For: 7-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, II.A Minutes from the October 2, 2023 Regular Meeting. BOC Regular Meeting Minues.10223-1G400A II.B October 2, 2023 Closed Sessions Minutes II.C Consider Appointing Rachelle Whitfield to the Consolidated Human Services Board II.D Consider Appointing Keisha Douglas to the Americans with Disabilities Act (ADA) II.E Consider Appointing Mary Ann Gaster as the Senior Services & COLTS Boards Designee on the Consolidated Human Services Board II.F Emergency Management Request for Acceptance of Grant Funding FY2023 HSGP award letter 2340029 Lee County.docx.pdf II.G Acceptance of Bid for Automatic Gates at San-Lee Park Board Bid Quotes.PDF Bid Tab Sheet.PDF II.H Award Bid for Project 6120-05R-24 Phase II Remodel at Gymnastics Building Bid Tabulation Sheet -Awarded.pdf II.I Refund and Release Report for September. 2023 RELEASE CODES SPREADSHEETXS September Personal Property.pdf September Real Property Report.pdf II.J Approval of Budget Amendment #10/16/23/05 Budget Amendment Packet 10-16-23.pdf camera sole source form.pdf Gen Statute 105.docx II.K Jail Cameras II.L Approval of Contract with Moseley Architects for the Jail Feasibility Study B101-2017 - Lee County Detention Cntr Study Final (1)(5)(1)(1)-F Final - II.M Approve proposal and contract for NC Fire Chief Consulting to conducta (1).pdf Contract Addendum.docx Comprehensive Fire Services Study and Long-Range Plan Moved from New Business. Fire Services Study Agreement NC FIRE CHEIF CONSULTING.pdr II.N Resolution in Supporting Operation Green Light for Active Military Service Resolution.Supporing.Operaton.Cren.L9ht10-1623 (1).docx Members in Transition to Civilian Life (Veteran Status) Moved from New Business. II.O Resolution In Support of the Consolidation of Eastpointe Human Services and Resaluem.Sappatin,CmalasaamuEpan.nnsasamdSaman III.A Request to Hold Public Hearing for the FY 25 Lee County Community Transportation Program Mobility Manager Application Sandhills Center Moved from New Business. III. PUBLIC HEARING Senior Services/COLTS Director Debbie Davidson requested the Board hold a Public Hearing for the FY25 Lee County Community Transportation Program Mobility Manager. Application. The Board previously held a Public Hearing at the September 18th meeting for a part-time Mobility Manager, position; however, NCDOTI is now offering the opportunity to apply fori funding to pay for one full-time and one part-time position. At the recent Lee County Government Opioid Crisis Community Forum, transportation was mentioned as an obstacle for individuals seeking treatment. COLTS offers Medicaid transportation. Chairman Smith opened the public hearing at 6:08 p.m. No one spoke in favor or in opposition. Chairman Smith closed the public hearing at 6:09 p.m. LEECOUNTY.FY25.Public Hearing Notice MM.docx Lee County,FY25.Public Hearing Notice Spanish MM.docx 5f-FY2025 LocalShareCertficationCOUNTYOFLEE Revised.docx Thomas C. Booher, 119 Fore View Lane (Ordinance Proposal) Thomas F. Booher, 120 Beechleaf Court, Cameron (Ordinance Proposal) Deborah Matthews, 1424 Pickett Road (Ordinance Proposal) IV. PUBLIC COMMENTS V. OLD BUSINESS VI. NEW BUSINESS There was no Old Business to discuss. VI.A Request for Relief of Late Listing Penalty - LTR Products, LLC Tax. Administrator Michael Brown presented a Request for Relief of Late Listing Penalty for LTR Products, LLC. The taxpayer mailed a letter requesting relief from the late listing penalty, which was received by the Tax Office on August 21, 2023. Per NCSG 105- 307(a), a taxpayer is required to file a listing with the Tax Office by January 31. No extension to list was requested by the taxpayer. The taxpayer filed a listing with the Tax Office on March 7, 2023. Since the listing was filed late, a 10% penalty was applied to properties that are late listed. The penalty in this matter by the County is $7,074.07. After a review oft the resolution, the taxpayer does meet 1.C, where the listing was filed between 31 and 59 days. With that, the penalty could be reduced up to 25%. Ifreduced by 25%, the penalty would be $5,305.55. Ifthe Board follows the policy, under item 2 the penalty would be held to a maximum penalty of $5,000. Since the taxpayer is a new taxpayer, there have been no prior late listings. Also, this taxpayer is not receiving any economic development incentive grants by the County. 2023 Bill.pdf LTR Bill Inquiry.docx NCGS 105-307.docx NCGS 105-312.docx amount of $5,000. Mover: Cameron Sharpe Mark Lovick, Taylor Vorbeck Motion Result: Passed LTR Letter Requesting Relief of Late List Penalty.pdf Business Listing Form LTR Products LLC.pdf Late Listing Penalty Resolution (Rev. 10.4.2021).pdf Motion: Motion to apply a late listing penalty for LTR products, LLC in the For: 7-Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, VI.B Request for Relief of Late Tax Listing Penalty - Ascentia - Pine Village MHC LLC Tax Officer Michael Brown presented a Request for Relief of Late Listing Penalty for Ascentia - Pine Village MHC LLC. Per NCGS 105-307(a), a taxpayer is required to file a listing with the tax office by January 31, which the taxpayer did. Pursuant to state statute, extensions are granted until March 15. The taxpayer filed a listing with the Tax Office that was postmarked March 16 and received on March 21. Since the listing was filed late, a 10% penalty was applied to properties that were late listed. The penalty in this matter by the County is $2,465.94.. After review of the resolution, the taxpayer does meet 1.b, where the listing was filed within 30 days oft the extension date. With that, the penalty could be reduced by up to 50%. If reduced by 50%, the, penalty would be $1,232.97. The taxpayer has not had any other late listing penalties in the last five. years. The taxpayer is not receiving an economic development incentive grant by the County. Ascentia Letter Requesting Relief of Late List Penalty.pdf Ryan letter for Ascentia Letter Requesting Relief of Late List Penalty.pdf 2023 Business Property Listing.pdf 2023 Bill.pdf Bill Inquiry.pdf NCGS 105-307.docx NCGS 105-312.docx LLC in the amount of $1,232.97. Mover: Dr. Andre Knecht Mark Lovick, Taylor Vorbeck Motion Result: Passed Late Listing Penalty Resolution (Rev. 10.4.2021).pdf Motion: Motion to apply a late listing penalty for Ascentia = Pine Village MHC, For: 7-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, VI.C Approve proposal and contract for NC Fire Chief Consulting to conduct a Comprehensive Fire Services Study and Long-Range Plan Moved to the Consent Agenda. Fire Services Study Agreement NC FIRE CHEIF CONSULTING.pdr VI.D Resolution in Supporting Operation Green Light for Active Military Service Members in Transition to Civilian Life (Veteran Status) Moved to the Consent Agenda. Chairman Smith read aloud the resolution. Resolation.Supporing.Operaton.Cren.L9ht10-16.23 (1).docx VI.E Per Diem Policy for the Board of Commissioners Commissioner Bill Carver asked to discuss the Per Diem Policy for the Board of Commissioners. His proposal would change the currently allowed flat rate of $150 per travel day for Commissioners toi follow the federal, per diem rates that County employees utilize when traveling. County ManagerLisa Minter. said the flat rate is taxable and was established back in the early 1990s, and been in place since. The City of Sanford also offers a flat rate for Commissioners for national travel and has it incorporated into their personnel policy. Ms. Minter noted that while employees follow the federal per diem rates, they could technically pocket money based on their eatery choices. The City allows the City Council members and staff a flat rate of $150 for national conference travel. Commissioner. Robert Reives offered an amendment to choose either the flat rate or the federal per diem rates, and to modify Motion: Motion to change the policy on per diem for Commissioners by providing reimbursement in accordance with current Federal Meal and Incidental Expenses Per Diem Rates, consistent with the requirements and County policy to be. in line with what the City has in place. Fwd_ Per diem.pdf travel procedures for the county staff. Mover: Bill Carver Action was not taken on the motion due to the passage of an amended motion. Motion: Motion to amend the original motion by allowing Lee County Commissioners and accompanying staff to utilize either a taxable flat rate of $150 per full day of travel or the federal per diem rate when traveling to national conferences, and to include this language in the County personnel For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick, policy. Mover: Robert Reives Taylor Vorbeck Against: 1-E Bill Carver Motion Result: Passed and Sandhills Center Moved to the Consent Agenda. VI.F Resolution In Support of the Consolidation of Eastpointe Human Services emohen.sugpotg.ComaluEpnsmaSman VI.G Request from Bread of Life Ministries for Funding to Operate an Extreme Chairman Kirk Smith asked that this item be added to the Agenda. County Manager Lisa Minter, presented the request from Bread ofLife Ministries for potential funding to operate an Extreme Weather Shelter in the amount of $21,600 for general staffing. Ms. Minter had not brought this to the Board's attention sooner because the City of Sanford received the initial request, which is on the Council's agenda for their meeting tomorrow. Ms. Minter/ecommends that the Board wait to see what the City decides to do with the request. Commissioner Carver mentioned that the recent reallocation of $500,000 that non-profits may apply for could be used for this request. Ms. Minter said the $500,000 is split into two pools of $250,000 each and this consideration would not be eligible for consideration based on the eligible criteria list. All ofthis information was provided at the information session for non-profits at the October 6th meeting. Motion: Motion to table this item until a decision is made by the Sanford For: 7- -D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Weather Shelter BOLM and S3 letters.pdf City Council. Mover: Mark Lovick Carver, Mark Lovick, Taylor Vorbeck Motion Result: Passed VII. MANAGERS REPORTS VII.AJuly 2023 Sales Tax Report Finance Director Candace Iceman provided the sales tax report for. July of 2023. The County sales tax revenue is down 11.66% compared to this time last year. The overall collections are up by 3%, but the County's refunds had. significantly increased due to a large refund in the month of. July. Staff will continue to monitor collections and report any concerns to the Board. July 2023 Sales Tax Report.pdf VII.B County Manager's Monthly Report for October 2023 County Manager Lisa Minter provided her monthly report for October of 2023, a copy of which is attached and incorporated into these minutes. Ms. Minter also reminded the Board that the Multi-Sports Complex naming form is still open through next Friday, October 27. She would also like the Board to consider moving the December 4 meeting time to 4 p.m. rather than 6 p.m. after a request was made to move it to accommodate those who would like to participate in the Sanford Christmas Parade that evening. Ms. Minter asked the Board if they would like to change the January meeting dates to the second and fourth Monday nights due to the New Year's Day and Martin Luther King, Jr. Day holidays. Ms. Minter said she and staff are in conversations with the City if Sanford to partner on the micro transit system and to move forward with the grant for it. County_Managers Mu,m.CAeAA OcX LCL Board Meeting Minutes 8,1623APROVEDpd LCL Board Meeting Minutes 8.30.23 APPROVED.Pdr: LCL 9.13.23 Board By-Laws updated & approved.pdf Lee County Libraries Strategic Plan 2023-2028 (6).pdf TRC Agenda Permits_ MONTHLY REPORT SEPTEMBER 2023.pdf Monthly Tax Report September Motion: Motion to move the time of the December 4, 2023 Board of Commissioners meeting from 6 p.m. to 4 p.m. [10.03.23).pdf 2023.docx Mover: Cameron Sharpe Mark Lovick, Taylor Vorbeck Motion Result: Passed For: 7-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Motion: Motion to move the January 2024 Board of Commissioner meeting dates to second and fourth Monday nights due to the New Year's For: 7-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Day and Martin Luther King, Jr. holidays. Mover: Robert Reives Carver, Mark Lovick, Taylor Vorbeck Motion Result: Passed VIII. COMMISSIONERS COMMENTS ADJOURN Motion: Motion to adjourn. The Board adjourned at 7:20 p.m. Mover: Dr. Andre Knecht For: 7-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor Vorbeck Motion Result: Passed ml Ki*k Smith, Chairman Donie Lee County Board of Commissioners ATTEST: COUNT 1987 BRE Clerk tohe Board EnL MEMOT TO: FROM: SUBJECT: DATE: LEE COUNTY BOARD OF COMMISSIONERS LISAI MINTER, LEE COUNTY MANAGER BUDGET AMENDMENT:# 10/16/23/05 October 16, 2023 SECTIONI. THE FOLLOWING GENERALI FUND (1100) REVENUEINCREASES ARE HEREBY APPROVED: CURRENT BUDGET 40,524 3,000,000 NEW CHANGE BUDGET 109,419 149,943 71,343 3,071,343 180,762 DEPARTMENT Emergency Services Fund Balance AÇCOUNT# DESCRIPTION TOTAL CHANGES 1100-3436-32800 NC Division ofE Emergency! Management 1100-3990-39900 Fund Balance Appropriated SECTIONII. THE FOLLOWING GENERALFUND (1100) EXPENSE! INCREASES ARE HEREBY APPROVED: CURRENT BUDGET 7,130 11,349 5,000 NEW CHANGE BUDGET 104,000 104,000 1,200 8,330 4,219 15,568 71,343 76,343 180,762 DEPARTMENT Emergency Services Emergency Services Emergency Services Fire Marshal ACCOUNT# DESCRIPTION 1100-4371-46413 Technology Equipment $5,0008 &> 1100-4371-43300 Maintenance to Equipment 1100-4371-46416 Technology Equipment <$500 1100-4372-43960 Contracted: Services TOTAL CHANGES M 1L WRKSMTH, CHAIR silw mll HAILEY HALL, CLERKI TOTHEE BOARD COUN? C BRE 7H CAR Exhibit G - Sole Source Justification Form SOLE SOURCE JUSTIFICATION FORM (for items costing $5,000.00 or more) Vendor: Item: Sccuatas Techoulagy Jal Cameco wpsrad Estimated expenditure for the above item: $210,5L0 JUSTIFICATION, AND! SUPPORT DOCUMENTATION. INITIAL ALL ENTRIES BELOWTHAT APPLYTO' THEF PROPOSEDPUCHASEATTACHAMEMO: CONTAINING 1. Sole source is for the original manufacturer or provider. There are no area distributors. 2. V The parts/equpment are not interchangedble with similar parts of another manufacturer. 3. 4. 5. This is the only known item or service that will meet the specialized needs of this 1 The parts/equipment are required from this source to permit standardization. None of the above apply. A detailed explanation and justification for this sole source department or perform the intended function. inc contained in the attached memo. The undersigned requests that competitive procurement be waived and that the vendor identified as the supplier of the material or service described in this sole source justification be authgrized as as sole source for the material or service. Cndeedener a beha/fot Cbunty Manager ($5,000upt to $30,000) Board of Commissioners ($30,000 and up) Department HDorite 4320 ID-IV-23 Date Lee County Purchasing and Contracting Policy Page 58 Revised March 16, 2020 Document B101-2017 AIA Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Tenth day ofOctober int they year Two Thousand' Twenty- Three (In words, indicate day, month and year.) BETWEEN the. Architect's clienti identified as the Owner: (Name, legal status, address and other information) This document hasi important legal consequences. Consultation with an attorney isencouragedy with respectt to its completion or modification, Lee County Government 115 Chatham Street Suite 302 Sanford, North Carolina 27330 Telephone Number: (919)718-4605 and the Architect: Moseley Architects P.C. 6210 Ardrey Kell Road The Hub at Waverly,Suite/ 425 Charlotte, North Carolina 28277 Telephonel Number: 704-540-3755 for the following Project: (Name, location and detailed description) Lee County Detention Center Study (Name, legal status, address and other information) Architect shall provide services for the] Lee County Detention Center Study asf follows: S1.Identifys salely.security.space. and structural integrity needs, to include recommendations for, ifneeded, the renovation or expansion of the current facilityor $2.Work with the County to determine the functional components affecting the jail. which $3.Develop a list ofn rooms and spaces recommended based on State and Federal requirements fors similar in function judicial detention facilities that will address the details provide in Section] loft this attachment. Describe each space in detail, identifying function, equipment, security, and access requirements in addition t0 square footage requirements. $4.Provide study of thei inmate population, including all demographics. develop inmate bed projections for thej jail population and provide information for developing the types and number oft beds that are/will be needed to accommodate for 25 years in 5-year recommendations forar new facility. may be included in the facility feasibility study. increments. AIA Document B101 -2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017. Allrightsr reserved. "The American institute ofA Architects," "American Inslitute Init. ofA Architects," "AIA," the AIAI Logo, and" "AIA Contract Documents" aret trademarks of The American Institute ofA Architects. This document was produced at 11:36:59 ETC on1 10/10/2023 under Order! No.4104238914 which expires on 01/11/2024, is notf forr resale, is licensed for one-time use only, andr may only! beu used Ina accordance with theA AIA Contract Documents" Terms of Service. Tor report copyright violations, e-mail dahioaincontadis.com. 1 User Notes: (3B9ADA3C) : $5.Discuss and identify special needs inmates, including medical.mental health. and behavioral issues. Develop conceptual floor plans to address these types of offenders being housed inside the detention facility. $6.Develop conceptual plans for support services such asl kitchen, laundry, booking, and intake based on the $7.Provide: a written report of the Jail Feasibility Study. The final report will bei inclusive identifying current findings. as well as current and future projected needs with recommendations. and opinions of probable cost. 58.R Review current security measures that are inj place including but not limited to camera systems. locks. control room systems, and badge readers and make recommendations of short-term and long-term opinions to make the projected 25-year bed needs. facility safer for both employees and inmates. The Owner and Architect agree as follows. Init. AIA Document! B101 -2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and: 2017, Allri rights reserved. "The American Institute ofA Architects," American Institute ofArchitects," *AIA," the AIAL Logo. and" "AIA Contract! Documents" aret trademarks of The American institute of Architects. This document was produced at 11:36:59 ET on1 10/10/2023 under Order No.41042389141 which expires on 01/11/2024, isr notf forr resale, is licensedf for one- time use only, andn may only beu used ina accordance witht theA AIA Contract Documentss Terms ofs Service. Tor reporto copyrighty violations, e-mail doahioaacontacis.com. 2 I User Notes: (3B9ADA3C) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES S SUPPLEMENTAL AND ADDITIONAL SERVICES C OWNER'S RESPONSIBILITIES C COST OF THE WORK ÇOPYRIGHTS ANDI LICENSES C CLAIMS ANDI DISPUTES TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE1 INITIAL INFORMATION ofexecution. ") $1.1This Agreement is based on the Initial Information set forth in this Section 1.1. (Foreach item in this section, insert the information or a statement. such as "not applicable" or "unknown. at time (Insert the Owner' 's program, identify documentation that establishes the Owner's program, or state the manner in $1.1.1The Owner's program for thel Project: which the program will be developed.) $1.1.2The Project's physical characteristics: (Identify or describe pertinen! information. about the Project'sp physical characterislics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic. surveys; traffic and utility studies; availability of The] Lee County) Detention Center isl located at 1400 South Homer Boulevard, Sanford, North Carolina 27330. The public and private utilities and services; legal description of the. site, etc.) facility was built in 1994 and has a capacity of 126 inmates. (Provide total and, ifknown, a line item breakdown.) Tol be determined upon completion oft the study, $1.1.37 The Owner's budget for the Cost of the Work, as defined in Section 6.1: $1.1.4The Owner's anticipated design and construction milestone dates: Design phase milestone dates, ifany: AIAI Document B101 2017. Copyright 01 1974,1 1978, 1987, 1997, 2007 and2 2017. Allrightsr reserved. "The/ American! Institule ofA Architects," "American Institute Init. ofA Architects." AIA," the AIAI Logo, and" "AIA Contract Documents" aret trademarks ofT The American Institute ofA Architects. This document wasp produced at 11:36:59 ET on1 10/10/2023 under Order No.4104238914 whiche expires on 01/11/2024, is notf forr resale, isl licensed ford one-time use only, and may only be used ina accordance witht the AIA Contract Documentss Terms ofs Service. Toreporto copyright violations, e-mail doehio@ahconvacis.om. 3 I User Notes: (3B9ADA3C) Study completion -5month from the Notice to Proceed. 2 Construction commencement date: 3 Substantial Completion date or dates: Not Applicable Not Applicable Not Applicable 4 Ohhermiesteme-Final Completion date or dates: $1.1.5The Owner intends the following procurement and delivery method for the Project: track design and construction, multiple bid packages, orA phased construction.) $1.1.6The Owner's anticipated Sustainable Objective fort thel Project: (Identif and describe the Owner's Sustainable Objectivej for the Project, ifany.) (Identify method: such as competitive bid or negotiated contract, as well as any requirements) for accelerated orj fasl- Not Applicable Not Applicable $1.1.6.1Ifthe Owner identifies a Sustainable Objective, the Owner. and Architect shall complete andi incorporate AIA Document E204TM-2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. IfE204-20171 isi incorporatedi into this agreement, the Owner and. Architect shall incorporate the completed E204-2017. into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. $1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information.) Brandon Key, Director ofl Development Services Lee County Govemment 115 Chatham Street Suite 302 Sanford, North Carolina 27330 Telephone Number: (919)718-4605 submittals tot the Owner are as follows: (List name, address, and other contact information.) $1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's Not Applicable $1.1.91 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) GRseGHEne 2-Civil-Engimeer Not Applicable Init. AIAI Document! B101. -2 2017. Copyright 01 1974, 1978, 1987, 1997, 2007: and 2017. Allr rights reserved. The American! Institute ofA Architects," "American Institute ofA Architects," "AIA," the AIAI Logo, and' "AIA Contract Documents": aret trademarks ofT TheA American Instilute ofA Architects. This document was produced at 11:36:59ET on1 10/10/2023 under Order No,4104238914 which expires on 01/11/2024, is not for resale, isl licensed ford one-time use only, andr may only beu used ina accordance witht the AIA Contract DocumentsP Terms of Service. Tor report copyrighty violations, e-mail doehlo@aaconacis.om. 4 I User Notes: (3B9ADA3C) 3Other,ifany fistenyewhercmskansaéasear $1.1.10The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.) Todd] B. Davis, Vice President Moseley Architects P.C. 6210 Ardrey Kell Road Thel Hub at Waverly.Suite 425 Charlotte. North Carolina 28277 Telephonel Number: 704-540-3755 $1.1.11The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information.) $1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: Moseley Architects P.C. .2 Mechanical! Engineer: Moseley Architects P.C. 3 Electrical Engineer: Moseley Architects P.C. 3Eleetriea-4 Plumbing Engineer: Moseley Architects P.C. 5 Civil Engineer: Not Applicable $1.1.11.2 Consultants retained under Supplemental Services: $1.1.12 Other Initial Information on which the Agreement is based: Not Applicable Not Applicable $1.2The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner andt the Architect shall appropriately adjust the Architect's: services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget fort the Cost oft the Work and the Owner's anticipated design and construction milestones, as $1.3 The parties shall agree upon protocols governing the transinission and use ofInstruments of Service or any other information or documentation in digital form. The parties will use. AIA Document E203TML-2013, Building AIA Document B101- - 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and2 2017. Allr rights reserved." "The American Institute of Architects," "American Institute Init. ofA Architects," "AIA," theA AIAL Logo, and' "AIA Contract Documents" are trademarks ofT The American Institute ofA Architects. This document wasp produced at 11:36:59ET on1 10/10/2023 under Order! No.4104238914 which expires on 01/11/2024, is notf forr resale, is! licensedf ford one-time use only, andr may only beu used in accordance witht the AIA Contract Documentse Terms of Service." Toreport copyright violations, e-mail dcmiogacontaris.om. necessary, to accommodate material changes in the Initial Information. 5 I User Notes: (3B9ADA3C) Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, 51.3.1 Any use of, or reliance on, all or aj portion ofa building information model without agreement to protocols governing the use of, andi reliance on, thei information contained in the model and without having those protocols set forthi in AIA Document E203TM-2013, Building Information Modeling and Digital Datal Exhibit, and the requisite AIA Document G2027M-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability tot the other party and its contractors or consultants, the authors of, or contributors to,t thel building information model, and each oft their agents and employees. $2.1The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project isl located to provide the services required by this Agreement, ors shall cause such services tol be performed by appropriately licensed design professionals. $2.2The. Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in thes same ors similar locality under thes same or similar circumstances. The Architect. shall perform its services as expeditiously as is consistent with such professional skill and care andt the orderly progress of $2.2.1 Subject to the standard of care set forth in Section 2.2 for applyingp professional judgment tot the information used or relied upon, Architect and its Consultants may use and rely upon design elements, technical standards, test results, and: all other information ordinarily or customarily furnished or published by others, including, butnot $2.2.2The Owner agrees that estimating and projecting future weather, climate, rainfall, flood, tidal, ocean and on-shore conditions and theiri impacts upon existing or contemplated developments. infrastructured or resources is difficult,complex and based on variable assumptions that are impacted by factors beyond the Architect's: ability to predict or control and understands that the. Architect by training and experience does not possess the expertise to assess the effects ofc climate change or extreme climate events not addressed by current codes and standards on the Project and assumes no responsibility beyond the professional skill and care in designing to current codes and standards. Accordingly. any estimates, forecasts, studies, reviews. conclusions, recommendations or assessments provided as part of the Architect's Services are presented solely on thel basis ofdata currently available and may no longer be valid ift that data materially changes. The Owner further agrees and understands that weather, climate. rainfall, flood, tidal, ocean and on-shore events are based on probability.and extreme events can and will occur and may cause damage regardless of mitigation measures. Therefore, the Architect and the Owner have discussed the risks and benefits of resilient design alternatives and the Owner agrees that because disruptive climate events are unforeseeable at the time this contract for services was negotiated, that ity will waive any claim against the Architect related to climate events that exceed those $2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the $2.41 Except with the Owner's knowledge and consent, the. Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the. Architect's professional $2.5The Architect shall maintain the followingi insurance until termination ofthis Agreement. Ifany of the requirements set forth below are in: addition to thet types and limits the Architect normally maintains, the Owner $2.5.1 Commercial General Liability with policyl limits of not less than one million dollars (S. 1,000,000.00 )for each occurrence and! two million dollars ($2.000.000.00 )in the aggregate for bodily injury and property damage. $2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than acombined single limit one million dollars (S 1,000,000.00 )per accident for bodily injury, Init. AIAI Document B101- 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017. Alr rights reserved. "The American Institute of Architects," "American Instilute ofA Architects," *AIA," the AIAL Logo, and" "AIA Contract Documents" aret trademarks ofl The American Institute of Architects. This documenty was produced at 11:36:59ET on1 10/10/2023 under Order No.4 41042389141 whiche expires ono 01/11/2024, isr notf forr resale, is licensed for one-time use only, andr may only beu used ina accordance withi the AIA Contract Documents" Terms ofs Service. Tor report copyright violations, e-mail ocnogeaconacts.com. and exchange of digital data-data. ARTICLE2 ARCHITECT'S! RESPONSIBILITIES thel Project. limited to, specialty contractors, manufacturers. fabricators, ands suppliers. addressed by existing codes ands standards. Project. judgment with respect to this Project. shall pay the Architect as set forthi in Section 11.9. 6 I User Notes: (3B9ADA3C) death of any person, andj property damage arising out ofthe ownership, maintenance and use of those motor $2.5.37 The. Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary 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 the primary paliyhespalieyapirarah-usiemafiheumstyng vehicles, along with any other statutorily required automobile coverage. p-wroaew-tw $2.5.4 Workers' Compensation at statutory limits. $2.5.5 Employers' Liability with policy limits not less than one million dollars (S. 1.000.000.00 )e each accident, one million dollars. (S 1,000.000.00 )eache employee, and one million dollars ($1.000,000.00) )p policy limit. $2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance ofp professional services withj policy limits ofnot less than one million dollars (S 1,000,000.00 per claim and $2.5.7 Additional Insured Obligations, Tot the fullest extent permitted by law, the. Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability toi include the Owner as an additional insured for claims caused in whole or inj part by the. Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any oft the Owner'si insurance policies and shall $2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the $3.1The usual ands customaryArchiteet's. Basic Services consist oft those deseribed-inthis-Articke-3entimehade ---swiat in Section 1.1.11.1and: as described in this Article 3. Services noti indicated in Section 1.1.11.Landi not set forthi in this Article $3.1.1The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members oft the Project team, and report progress tot the Owner. $3.1.21 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, ands shall not be responsible for, the accuracy, completeness, and timeliness of, services andi information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice tot the Owner ift the Architect becomes aware ofany error, omission, or inconsistency $3.1.3 As soon as practicable after the date ofthis Agreement, the Architect shall submit for the Owner's approvala schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement ofconstruction and for Substantial Completion oft the Work as set forthi in the Initial Information. Thes schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval ofsubmissions by authorities having. jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, ifnecessary, ast the $3.1.3.1The Owner and Architect are aware that many factors outside the Archtecsreasonablc control may affect the Architect's ability to complete the services to bes provided under this Agreement. The Architect will perform these services with reasonable diligence and expediency consistent with sound professional practices. For purposes ofthis Agreement, such factors include, but maynot bel limited to. strikes or other labor disputes: severe weather disruptions or other natural disasters or acts of God: fires, riois. war.pandemics. epidemics. quarantines.or AIAI Document B101 4 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute Init. ofA Architects," "AIA," the AIAL Logo, and" "AIA Contract Documents". are trademarks of The American Institute ofA Architecis. This document was produced at 11:36:59 ETC on1 10/10/2023 under Order No.41042389141 whiche expires on 01/11/2024, is notf forr resale, is licensed for one-time use only, andr may only beu used ina accordance witht the AIA Contract Documents* Terms of Service. Toreporto copyright violations, e-mail doahio@alacontacis.om. one million dollars. (S 1,000,000.00 )int the aggregate. apply tol both ongoing and completed operations. requirements in this Section 2.5. ARTICLE3 SCOPE OF ARCHITECT'S BASIC SERVICES 3a are Supplemental or Additional Serviçes. in such services or information. Project proceeds until the commencement of construction. 7 I User Notes: (3B9ADA3C) other local, state, or national declared emergencies: failure ofany government: agency to act ini timelyn manner; failure of performancel by the Owner or the Owner's representatives. contractors or consultants: or discoveryofany hazardous substances or differing site conditions or other similar or reasonably unforeseen events. Notwithstanding the above factors, Architect reserves the right to seek common law defenses as may be applicablei ifsuchs services $3.1.4The Architect shall not bei responsible for an Owner's directive or substitution, or fort the Owner's acceptance ofnon-conforming Work, made or given without the. Architect's written epprevehacceptance. $3.1.51 The. Architect shell-shall, at appropriate times.contact governmental authorities required io approve the Construction Documents and entities providing utility services tot the Project. The Architect shall respond to $3.1.61 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required: for the approval of governmental authorities having jurisdiction over the Project. $324The-Arehitetehalreview-epegsandelherimkemmasie-umahaeytaeCwmeseReaaw, ada,amérglaiomsepphaaaeAas.semie-31ZThs4 Architect shall exercise usual and 331Phe-Arhisishallpasepeaayes-smsFN-dawstemege.eMaNyhneg-er-Ce# Fe-Weris-PrejeusaieepepamépwerANymaisamdsiwriaaintemastien,tahin termsefthe-elher,tepieasserein-keregerepiremeNiseFe-Pre-Preyeet-The-ArehaeetshaeHHe-ownerertyany ncessiskeeis-dissevermsiaelktimem.hersearEwesthatmayse 33eAhistalyewd.widawdaae aitemaiveeppromehestested-o--Awthe apdagtegiwweBadien to comply with applicable laws.codes-and 914Basder-he-Pejewmedwp-heOamssapeaméPiss-e: ompeshepaiaw--.Pepaepne 325Baseden-the-wmafsapprovakewalefheprelmina:gh-te-ArehiehiaaaprpaRse-SehemaH-Desige Decumentis-fer-the-0ResAPpPewal-Thesehamaie-Desga-Decumentads.WAR8eAR-eHneF -wmsiwsaiag-slephwy---wsasNt msyineladesemecembinsiwefasymaiarupastNedaathasgerdgiimps-astens-Pelmiay wleuiomsefmajerbuildiangsysasnkwsssaiealallemaindetadawing-erdessmhadin 1264-he-Arehitetshaakemirainedasgalemairesshesmaawiding rieatien,tegsherilkeimsadepegwmewdsePelpamgedagtats cemsistemtwvith-the-OPme'spregsamxsehedeameaetfertheCoseFee-WeR-TA-OwermeFmayobiai-mere --wpw-s-stidhaaida. $3262Phe-ArehetahalemsierherheveeFakemainak,baianesANR"mt,tegetne: vithelercomsidmaiomsséopgaiidmiwineadag-arePeePwisethatreesises ihe-Owmepregraademmtag-Ar-CwRePthe-We-datcorhne 32.6-The-Arehiteetshaikasbmite-hePwReraResseehe-CesoFtheei-pepardined'ipeeerdanee-wi#A 327The-AsshiestehaisesehmehsgDaameROwRR.RneHR-OAePS are adversely affected. applicable design requirements imposed by those authorities and entities. 32ehematie-Deesiga-Phase-serices: esemablymedeeraherdePwjwguosymarprofsionlearein Wiling-regulations in Sestiom4submisiono appreval Init. AIA Document B101 -2017. Copyright e 1974, 1978, 1987, 1997, 2007 and 2017. Allr rights reserved. "The American Instilute ofArchitects," "American Institute ofA Architects," ""AIA," the AIAI Logo, and" "AIA Contract Documents" aret trademarks of The American Institute of Architects. This document was produced al 11:36:59 ETC on1 10/10/20231 under Order! No.4104238914 which expires on 01/11/2024, is notf forr resale, is licensedf ford one-time use only, and may only be used ina accordance witht the AIA Contract Documents" Terms ofs Service. Toreporto copyrightv violations, e-mail doemlogaacontacis.com. 8 I User Notes: (3B9ADA3C) 33DesigaDewelopmentPAaseSePAseS S----- ismsiwaeeieinsGwwwwwsAssyee XE- w- 4mwwicPisaiww---yyhaaes ----- - -*-.s --ww------ M------y---7A -wacshw--w-wapspliaw after this date, EX-- 4--X- E- YsA- TA---- - WaeCmmariponwr-yy- -Mssaisa. 4eAshi-swllawrw.ew Aaiacw --- MMeL9------ Me-ConlitiomseieCemiiercwmssepac.aaeNa yit-masiwSpss-iws MAPeAahaalepin-s-ws.da-wr--wwtaA M45P-Amis-raiah--o-sowt elhestimateoflbe-CoseFA-arksuie-wemyatiamspaisdmiersastiamésmménegesthe-ewmets authorities.. Design changes made necessaryby newlye enacted laws.codesand may.ifagreableto 14CemsirvcienDwcumeREPAsASePAcAS reasonable: adjustment ini thes schedule and: additional compensationina accordance with the! Prejetine-heCemsinsensinetiRDesmeNks. msy-inchade-bidlingiegeememtanssample-erm5. epproval APAEPMRPNSeae 3.51-General FerehraaauiaNew-asr-wa. ----- mpeewX-ae)ge" 1514BiingpasanwrSptPasCND..aN pepawFwyaktwN 352Cempateslam, $3531Th-Arhiksiaha.ingtePety Aalhainghadiaahiendaww A-egmiingankeaingeA-ppdwhN, AIAI Document B101 -2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017. Allr rights reserved. "The American! Instilute ofA Architects," "American Institute Init. ofA Architects," "AIA," the AIAL Logo, and" "AIA Contract Documents", aret trademarks of TheA American Institute of Architects. This document was produced at 11:36:59E ET on1 10/10/20231 under Order No.4 41042389141 whiche expires on 01/11/2024, is notf forr resale, isli licensed foro one-time use only, andr may only beu used ina accordance witht the AIA Contract DocumentsP Terms of Service. Tor report copyright violations, e-mail doimto@aiacontacis.om. 9 I User Notes: (3B9ADA3C) peparingrtepenssie.Spratch-ewengsastseiasn. mieprsiaiomseFle-Biainw-wdererpahwa-an 4-wpmingamék-in:erye-hnww 35334Fah-BaingDemaepmmaPaard-wsashwtsasatie,teArahiseaha se-AdditionalServie,cesaerrepesersbseRsemapPeeN-dasRPPAREeRAE-RENYIE-PPeves 4M4-PepDw--retysCasAPaA idimgrese,#dreteytB-oRer. ebsHlienstealprespetive-adels: $351MagelaiadPepptas 412FheArsliseaalaOARNMammEPePeay aelliatingthedisignaFPeperdawetepepsiretivecensaele-am4 gpalimgieiFrem-pepP-eeNnompese 2-ergamiaingaméparieep-ne.eeenEAPePrpestiwecenielen, preparing-esponssteguslon-emPRePAsMesANinsAiadeiAApowdseaHasaenSaB6 apasuiansfh-Pepaswsaaamaefa-ara, A-puiepiagiagsiawyPP-RE4sNy 36334FhePepasiDahi.aPatrdmewsashwtwwson,theAreatetaN, m-diliomaSewis,eegrawwmépeyeekdahsasauamEepPved PferpsawO-ae. bHNHeRPAHPpePrepeieceneeN, CPaatwuSamieN $3-61-General $3644-he-Arehieetahaapentedaiaaisfh-Casthis-ownr.aedt-Comimserass mhbeiewamdim-AiADwwefwe-cmarCeminetiem-FeOwme méComirsermeiy-AA-Dwme38Lemadifiuiawm-naaa-he-Arhe'ssewies -amaiApwmswiwsamaépuasomacais, Agreement. 3A3PaArhishaia.wc..Ca"iw. Arehies-shal-have-wterityiescienehaifofhe-Owmwperenlyie-h-ewesMEMEPIMGRCIRANSAS-AgreeeR-The ArehiectshallmothavcesikeverchamgeeforpesabiNyer-Ma-ensinRaaNAaNs, "ePdwaSwy-ry----awar.w, Amahisberepensiie-le:Cm-A.pmNsedaeawuitmasehe Ceiret-Deeumei-Phe-Archisishalaherspemsbie-erteArehia'eneg"miseNS,bW#SAARAH havecentire-ewerorehageafamdahallmetherpemahefepsetseramisioseFlNSCeNReeFany-stner --peresA.waNs, event ofa conflict between the applicablel laws, codes and $3643SabjestieSesieapepeinSastiwmsaAA,eAsasenepemsiisyiepwse Censimetien-Phese-SeiceyeememeReESiHtewerdeFe-CemtwtferCemstnetionemtemainatesonthedaie 3.624-The-Arehiteehieetshailvisithesiiestimereisepprepriseeesigesiageefcemsirstiokeras-etherwise pisdinSeaien4234wkameg-ayamiirwippedalyeerepotiemefHe-Werk pempleled,endte-deiemine,imgememak,#FneereheredieemgpercemeeAmMReFNde#tigtHaRe Werkzwhen-filly-cempleiad,wlkeinseinseeriansewi-hemina:Desumen-Heeve-Arehectsha-mo: berepainediemakeahahersaiaaw-saadryeFe-weN-Da he-basis-eFhesie-ieMHs,h-Arehisaalkep.a-aereusemahy-miomsdahetepegeess-adualye: hepenieeFieWarikepwaépewpwmshmmdmisatiems-ehe-Cemss. Pewmai-PHiaowadeisiw-umtemwsesnstmasaaeaawythe-Cemiseek-mee) regulations ofvarious govemmental slighasngusisteest the-Arehitetesthe-fia-Ce#eaeate-lerPaymeRt: AABAMAESGHMe eesemédefeiemeereheredise-Raik AIAD Document B101 - 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017. Allr rights reserved. "The American! Institute ofA Architects," "American Institute Init, ofArchitects," "AIA," the AIAL Logo, and" "AIA Contract Documents". are trademarks of1 The American Institute of Architects. This documenty was produced. at 11:36:59ETon1 10/10/20231 under Order No,4104238914 which expires on 01/11/2024, is notf for resale, is licensed for one-time use only, andr may only be used inaccordance with the AIA Contract Documents* Terms ofs Service, Toreport copyright violations, e-mail doehioaacontacis.com. 10 User Notes: (3B9ADA3C) 3AeAaawtww--www-w-Wa-we Amheiteinwww-yegisiysae -- -iwsise-pa--EaN ilerioesereiseereHowhakawyahaigheriewedyerepehywH-Arehiee.N. Cwww-w-AHwwwNw A33T-Amhatalian-h.---wissiww CDwswiww---G--wae -------saN Amepiw-maiw-----wwiia a-C.sDasmawww*--w "wasdeAaawsaNwA0w apacvaiaia.w-hw-ams. Adawww-.w--*--aPdaaw 4SLA-eowwramse-c--w-----wsatw mitEnHANAPAwmwwcawa. G-adwp.iaAARaRsaENEA and ATA-Astalaeiw*c---ia TAsaiwkies------ahasw Abhaxeshwiaefa-wwLesC...N APpiwiaPymwdas.--. X------ Cmr-mpyawww:---T-a-wwhw)a hwaafa-wahaw---dhat hpsas-mdapasia-G.s -iwwsacaa-----sassdast has-y-made -hausiweercemineusestiwpasiwsawiyrfA-M)oN -- ------- 9-------- 3633-he-Areieviahalwet-eepme. the-Werk-this Project, the Architect shall Owner Cemsst-Desmawofte nature andi impact ofsuch conflict. The 163Ce:-aeleraymentoCeRiae: --A the-CentraetSum $3.6-4-Swpmitials 4ADeAsaatatiiww----yty..ae ------ da-ke--------aN XSAREAN resolve 1A-Aahawailemiwt-waN - amp.sA.wp-C---awda-aa 1--- ------ Aiwwaw-----wassiew AIAD Document B101. - 2017, Copyright @ 1974, 1978, 1987, 1997, 2007 and2 2017. Allri rights reserved," "The American Institute ofA Architects," "American Institute Init. ofArchitects," "AIA," the AIAL Logo, and" "AIA Contract Documents": aret trademarks ofT The American Institute ofA Architects. This document was produceda at 11:36:59ET on 10/10/2023 under Order No,41042389141 whiche expires on 01/11/2024, isnotf forr resale, is licensedf ford one-lime use only, andr may only beu used I ina accordance with theA AIA Contract Documents" Terms of Service. Tor report copyright violations, e-mail doehioaacontasis.om. this conflict. 11 User Notes: (3B9ADA3C) --ww--------w 36431Fh-Cemse-PwmapaalyrgrdrCassrwepwaemaesgNseESe: smtywdaippuietw-saalmsb --- priseiasiaansepDmwPapahaws-ahyt Camwdaippuianiontaphwhn sahmitev-he-Aamehieaah-ra-miepasefeaneeww isfemmsiegiwesamdahaeagrswpayaC.iatDaPaa-heAs.alesiad. yaalasheye---wwsepose $364454ste-SwstiedwAasaawiwalapate.akmswwt-Casise Pwumesi-The-Arehisesalatw,iadwawCmssPaa.lw.hamageesEeriemstieN. Rwesriwhwsiaaalw----w:as-taya. Daigspuifiaaiaw------wAss: "ehea.itw---t-w Pa-wfeyppinwdewsbawigipiasa $3ASPeArehistehalmaininersuébmiwpisefabmiyPi-yteCOmRs- a4:-hrahvmysww-Caiws Pammamemadostinahw-wwawCS.--Cwatlme SabieleSesien42.theAmahshapepaeCang-oMam-memiemvsteréhassePiestimesertae PASPeeNE Amadepslyaahdapepslen espeseie-heregaessceFiBfemmaeN: seerdaneewith-heregrememyAN-Ce-COmietDecumeNe: 6SCMagPS-RHRe-eRk -mepoehkaswsiwwaARN, $3.652The-Arehiesiehamamaiarsede-ralaineiPdhanges-Rhe-eN. $366Piepa.Compaion 6MA-eAeaNs ------#at -6omeseOwmaeoaiwmiraduas eguiredby-theCents-Peeumeisemeemshe-Centeierrané, A-isea-imalCertifketfee-erPymaaupemsma-mpesicPidangaa-p-mesesaFe Arehieel'skmowiedge-imersatioa,andhelefe-WeRreeRPHESABPERe completion; -seCessetsam/APe: CemtRt-Peuments, $36627B-AshiPsipasamsaleaardsekaecefe-waskwitk-Ne giremeisafe-CemkmPsmheapAraswy-mhupheFe.stsbmtyte #43-sahadagHc------w- eCmatSum-emairinngieiepik-CaamaminingiaememaspemsidSwm. 3.-84The-Arehieeshal-fenwardie-heOwmerh-eeleigimfemmatieP-eeemaNe-CetaeIe, emsemseFRueiyerauesieFeptesastiantminepaiaafmuimgwsr-maimgdHfma-pyaeN: erafhwiwmpsaehtwa-o--wmwpisiwte)wy CemsersfesktPleseAPspaReeTeR. pferfwtompstwereENSAN-N, her-decueRialien-eNEBPuBFNeCONEReEDeeumeRs, AIA Document B101 -2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and2 2017. Allr rights reserved. "The American Institute ofA Architects," "American Institute Init. ofA Architects," "AIA," the AIAI Logo, and" "AIAC Contract Documents": aret trademarks ofT TheA American Institute ofA Architects. This document was produced at 11:36:59ET on1 10/10/2023 under Order No,4104238914 which expires ond 01/11/2024, isr notf forr resale, isl licensed for one-time usec only, and may only beu used ina accordancer with! the AIA Contract Documentse Terms ofs Service. Toreport copyright violations, e-mall doveho@alacontacia.com. 12 I User Notos: (3B9ADA3C) S---- ----- yemtenyemepeemane. 54.1Supplementals Services ARTICLE4 SUPPLEMENTAL AND ADDITIONAL SERVICES $4.1.1The services listed below are noti included inl Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only ifs specifically designated in the table below as the Architect's responsibility, andt the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, ifneither the Owner nor the. Architect is designated, the parties (Designate the Architect' 's Supplemental. Services and the Owner' 's. Supplemental. Services required, for thel Project byi indicating whether the Architect or Owner shall bei responsible for providing the identified. Supplemental Service. Insert a description of the Supplemental. Services in. Section 4.1.2 below or attach the description ofservices asan agree that thel listed Supplemental Service isi not being provided for the Project. exhibit to this Agreement.) Supplemental Services $4.1.1.1 Programming $4.1.1.2 Multiple preliminary designs $4.1.1.3 Measured drawings $4.1.14 Existing facilities surveys $4.1.1.5 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; or not provided) Not Provided Not Provided Not Provided Owner Not Provided Not Provided Not Provided Not Provided Not Provided Not) Provided Not Provided Not Provided Owner Not Provided Not Provided Not Provided Not Provided Owner Owner Architect Not Provided Architect Noi] Provided Not Provided Not Provided Not Provided Not Provided responsibilities post construction use $4.1.1.8 Civil engineering $4.1.1.9 Landscape design $4.1.1.10 Architectural: interior design $4.1.1.11 Value analysis Section 6.3 $4.1.1.12 Detailed cost estimating beyond that required. in $4.1.1.13 On-site project representation $4.1.1.14 Conformed documents for construction $4.1.1,15 As-designed record drawings $4.1.1.16 As-constructed: record drawings $4.1.1.17 Post-occupancy evaluation $4.1.1.18 Facility support services $4.1.1.19 Tenant-related serviçes $4.1.1.20 Architect's coordination of the Owner's $4.1.1.21 Telecommunications.daa design $4.1.1.22 Security evaluation and planning $4.1.1.23 Commissioning $4.1.1.24 Sustainable Project Services pursuant to Section- 413Exhibit/ A $4.1.1.25 Fast-track design services $4.1.1.26 Multiple bid packages $4.1.1.27 Historic preservation consultants AIA Document B101 - 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017. All rights resorved. "The American Institute ofA Architects," "American! Institute Init, ofA Architects," "AIA," the AIAI Logo, and" "AIA Contract Documents" aret trademarks ofT The American Institute ofA Architecis. This documenty was produced al 11:36:59 ET on 10/10/2023 under Order No,4 41042389141 which expires on 01/11/2024, is notf for resale, is licensed ford one-time use only, andr may only bet used I ina accordancer witht the AIA Contract Documentse Terms ofs Service. Tor report copyright violations, e-mail doehlo@aaconincks.om. 13 User Notes: (3B9ADA3C) $4.1.1.28 Paritre-famishngss-enéequpment Fumniture 54.1.1.29 Hersempewkdty-pasalyCemslms $4.1.1.30 AswpmaSeaas Cycle Cost Analysis and Energy Modeling as Design Tool $4.1.2 Description of Supplemental Services Povddtelewwprovices. Not Provided Not Provided Not] Provided design EnergyModeling $4.1.2.1. A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is (Describe in detail the Architect' 's Supplemental. Services identified in. Section 4.1.10 or, ifset forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard. Form ofArchitect'ss Services documents that can be 4432AdeseripiomefashSwpeSewemi.aSatwwsOwmeerpemsiNys P-erbeindalalheOwme-rsupplemana Services wSwA 4.134FiheOwperideifede-SasiainahieosetveimArise-zthe-Arehiehaeahalpowide,sse-Supplemestal Semive-he-Susieinaliysemi-mPinAIAPwm-D.-umma-PesFahhikalahad ei-Agsemat-Te0wo-aawww--wia-uwpniel2erhe. Architect The Architect may provide Additional Services after execution oft this Agreement without invalidating the Agreement. Except for services required due to the fault oft the Architect, any Additional Services provided. in accordance with this Section 4.2s shall entitle the Architect to compensation pursuant to Section 11.3 and an $4.2.1 Upon recognizing the need toj perform the following Additional Services, the. Architect shall notify the Owner with reasonable promptness ande explain the facts and circumstances giving riset to the need. The Architect shall not proceed toj provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change ini the Initial Information, previous instructions or approvals given by the Owner, or a material change in thel Project including size, quality, complexity, the Owner's schedule or budget for Cost ofthe Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or .3 Changing ore editing previously prepared Instruments of Service necessitated by official interpretations ofa applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having. jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated1 by decisions of the Owner not rendered in at timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; 5 Preparing digital models or other design documentation for transmission tot the Owner's consultants and contractors, or to other Owner-authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public w,gharnE 8 Preparation for, and: attendance at, a dispute resolution proceeding or legal proceeding, except where Evaluation oft the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; .11 Assistance to the Initiall Decision) Maker, if other than the Architect. included as an exhibil to describe the. Architect' 's, Supplemental. Services.) aa-ksaEaNBA em#p-#heeHhb $4.2Architect's Additional Services appropriate adjustment in the Architect's schedule. editing previously prepared Instruments of Service; the. Architect is party thereto; or, Init. AIA Document B101- -2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved, "The American Institute of Architects," "American Institute ofA Architects," "AIA," the AIAL Logo, and" "AIAC Contract Documents" are trademarks ofT The American Inslitute of Architects. This documenty was produced al 11:36:59E ETon 10/10/2023 under Order! No. 4104238914 which expires on 01/11/2024, is notf for resale, isl licensed for one-t time use only, andr may only be used ina accordancer witht the AIA Contract Documents" Terms ofs Service. Tor reporto copyrightv violations, e-mail ocinoalacontracis. .com. 14 I User Notes: (3B9ADA3C) ww--cw-------A y-somsr-haNe-"w---a ---5A-- GawipwPew--aie e-Aarehisetferheseriwpestpireviaeempahe-wmetsmahse. c-w-ye -Repemingie--Gminesis-pdinsenneih CameDesumeserwhesamiwwa-cw-wmastsas, C-w---ww Csad.insw---k--- aoao---A msameigawet--w-ai 4-5angens-aeww-d.awen -Bwalustingahsiwiemewewngahag-sse s--yG-S--------- Fmwfaswpbaw---ee-A Einpesies-feranyyeafA-wuiwdpea-pPRneF-WeNR swhsiemtialycemplste-iseinswmense-eriwmmafeCCemsetPesumeNs CPpatwrwywnefaupatw Arehiteet; asamenieFSerigersereRgaresem. Semics-When-helimie-amirhewaraahaeAriea-eliyneOwmes Centreeter visitste-thesiteby-heARehRedarmgeemsinuehen MEyhrmmiwys--1----i-aa Beti423,Cemsinwetiehasmivpwniwwwddypaert)ramsafaemi/Cmmpiston -akPesadne-S-wwd-dwwra Caaewsi.w-wtwwMSmiwwweAsistaes $4.2.5Ift the services covered by this Agreemen! have not been completed within Anticipated duration of5r months from execution ofc contract (5)m months oft the date of this Agreement, through no fault ofthe Architect, extension $5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information ina a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements andi relationships; flexibility; $5.1.1The Architect may use such information, requirements. reports, data, surveys and instructions inj performing itss services andi is entitled to rely upon the accuracy and completeness thereof. The Architect shall not bel held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by $5.2 The Owner shall establish the Owner's budget for the Project, including (I) the budget for the Cost of the Work as definedi in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to: all of these costs. The Owners shall update the Owner's budget for thel Project as necessary throughout the duration oft thel Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost ofthe Work, the Owner shall notify the Archilect. The Owner and the. Architect shall thereafter agree to a corresponding change in peia-cwM-t.-w of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE5 OWNER'S RESPONSIBILITIES expandability; special equipment; systems; and site requirements. the Owner and/or the Owner's consultants and contractors. thel Project's scope and quality. AIA Document B101 -2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017. Allr rights reserved. "The American! Institute of Architects," "American Institute Init. ofA Architecis," "AIA," the AIAI Logo, and" "AIA Contract Documents" aret trademarks of The American! Institute of Architects. This document was produced at 11:36:59 ETC on1 10/10/2023 under Order No,4104238914 which expires on 01/11/2024, is notf forr resale, is licensed for one-time use only, and may only beu used I ina accordance witht the AIA Contract Documents" Terms of Service. Tor reporto copyrightviolations, e-mail doehlo@alacontacka.o. 15 User Notes: (3B9ADA3C) $5.31 The Owner shalli identify ar representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect'ss submittals in at timely manner in order to avoid $5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site oft the Project, and a written legal description oft thes site. The surveys and legal information shall include, as applicable, grades and1 lines ofs streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; andi information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced toa $5.4.1The Owner shall furnish to the Architect informationi identifyingi the type andl location of existing underground: infrastructure on thes site. The Architect is entitled to rely upon the accuracy and completeness of the information furnished tot the Architect. The Architect will prepare and furish to the Owner a plan showing the location of such underground infrastructure as provided by the Owner andi indicating the locations intended for $5.5The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of! hazardous materials, seismic evaluation, ground corrosion tests andi resistivity tests, including necessary operations for anticipating subsoil conditions, with $5.6The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. $5.7Ifthe Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204IM-2017, Sustainable Projects Exhibit, attached to this Agreement. $5.8" The Owner shall coordinate thes services ofits own consultants with those services provided by the Architect. Upon the Architect's: request, the Owner shall fumish copies of thes scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall fumish the services of consultants othert than those designated ast the responsibility oft the Architect int this Agreement, or authorize the. Architect to furnish them as an Additional Service, when the. Architect requests suchs services and demonstrates thatt they are reasonably required by the scope ofthe Project. The Owner shall require that its consultants and contractors maintain insurance, including $5.91 The Owner shall furnish tests, inspections andi reports required by law ort the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. $5.101 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 meet the Owner's needs andi interests. $5.11 The Owner shall provide prompt written notice to the Architect ift the Owner becomes aware of any fault or defeet-defect(s) or suspected defect(s_int the. Project, including errors, omissions ori inconsistencies in the Architect's 62The-Owmershalimelade-heArehieetinaikemmanieHioN-wihe-Cemisterhetrelatete-eraffeetthe ArahiseseMisserpef-imahreposhieArahisetoFtesabsene ofenydirekeemmanisiomsheweteeanahe-CemeerohswereNtimgie-hePeyest: Cemmunicatiems-byaméwhN-Arehehie'comsaamsaalsethougheAAreheeService: ori in the Architect's professional services, so that the Architect may bea afforded the opportunity: to address such alleged fault or -3Beere-execuingeCeRiReHerCemsirsetea-ihe Owner halkcerdmse-eArehie#dalesan espemsibiliessetfon-h-Cemiae-eHPrCOREnNOATehIReSsecHORAAR4NSAgreemek: Init. AIAD Document B101 - 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and2 2017. Allr rights reserved. "The American Institute ofA Architects," "American Institute ofA Architects." ""AIA," the AIAL Logo, and" "AIA Contract Documents" aret trademarks ofl The American Instilute of Architects. This document was produced at 11:36:59 ETC on1 10/10/2023 under Order No.4104238914 which expires on 01/11/2024, isr notf forr resale, is licensedf for one-time use only, andn may only be used ina accordance witht the AIA Contract Documentse Terms ofs Service. Tor report copyright violations, e-mail doento@alasonrasaiscom. unreasonable delay in the orderly ands sequential progress oft the Architect's: services. Project benchmark. subsurface penetrations. written reports and appropriate recommendations. professional liability insurance, as appropriate to the services or work provided. Instruments of Serviee: defect(s). Failure by 16 User Notes: (3B9ADA3C) Pw-@arahwtpwit-h-Aww--wwhwwaiCemseA eO-raaipwie-------------h-waa-ia -w----rA 54MiaSAyPeAesytas-w--.wo-w ----cset A------- Awonieww------w.w-ww rsacw--X- ------- A- Wekeresharsesk-ateepeSeAaesaipicon ofsuch fault or defect(s)shall relieve the AF--marriadstArecwhwalyw-sd-w - -A--- edeyehstawseewt.E--e: rntaawo----iyew--s-w "haismaglapiwwthw---Aadnthn. Ahaeawaiwwwww*. pha-c-N-Wask-aewse yeAsi-sstalnscNw of the damages that would have beeni incurredi if the Owner had givenprompt notification to the Architect when such fault or defect(s) were first discovered or suspected by the -o------ - iewiile--------aryeae X- Wakmmawoamkaew-.----A -----X Wad-hsahswiyeiwiw---sA-sti.e w-www-w*-- KGasiwwwae maa-piwAEw-a HayimaeAsiwwda-dawC-asw -- CMESA------X o--.--s-- Semiessiseweadely-h-ioheldpyksOwaeraha teempaiefen----wd-aCtNwws -uhaiemhsageragpf-wwaesaeiww melwimghe-GemeiCoainsFh-Cmnemsete-Cemsseen promptlynotifyt the Architect in the discoveryor ARHICLE6-COSTOSTOF-THEWORK Architect of liability for any damages caused by the faultor oe- had promptly-corectedsuch defect(s).. teminseinssentaneRARewASeeS, he-Cestefihe-Weikzes, Wwammysmay-yasaw. -Incmsia-iha-awiwSrAy-paNe AIAI Document B101 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and2 2017. All rights reserved. "The American Institule ofA Architects," "American! Institute Init, ofA Architects," "AIA," the AIA Logo, and" AIA Contract Documents": aret trademarks ofT TheA American Institute ofA Architects. This document was produced at 11:36:59 ET on1 10/10/2023 under Order No.4104238914 which expires onc 01/11/2024, is notf forr resale, isl licensed for one-time use only, andr may only be used I Ina accordance witht theA AIA Contract Documentss Terms ofs Service. Tor report copyright violations, e-mail dahtoaacontacis.om. 17 User Notes: (3B9ADA3C) 674Fhe-Owmercheessepreseseunier-Setion664,heArehisetsha-meiyte-CemseteHORDeeuPReRiSES yiespyiadweAowcww-"ww--Cmainsten Deeumenis-PhaseSeriesperthebaegetas-drusehuméeSetie4.--FAReCwergesestAeArehieeHe, medify-the-Comstreietim-Deeumeishesssehe-ewestbon-ideladernege"meéprepemk-eeexeeeds-tae-wmers budgetferthe-Cestefthe-Wesk-delermheteemstiem-e-Arehmtetceslidnby-miemtiepale,the-Cwer halempemsae-heArehatfiwwiwwwwamaisemiepumtasastiom3retheike he-Arehieelserviee-ermeliy-mgte-Cemsinvetom-DeuumenihalsewawtadéNeRsicempemseleR-Reny event-the-ArehieetesmedifeweeFeCemswelienDeumemtr-halhethelmieFteArehieetsrespensby $7,1The. Architect and the Owner warrant-agree thati in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of suchi information or has permission from the copyright owner tot transmit suchi information fori its use on thel Project. Under no circumstances shall the transfer ofc ownership ofthe Drawings. Specifications. electronic data or other Instruments of Service be deemed tol be as sale by the Architect, and the Architect makes no warranties. express ori implied. of merchantabilityor: of fitness foray particular $7.2The Architect and the Architect's consultants shall be deemed the authors and owners oft their respective Instruments of Service, including the Drawings and! Specifications, ands shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution ofInstruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is nott to be construed. as publication $7.3The-Uponi full payment of alls sums due or anticipated to be due Architect under this Agreement and upon performance ofall the Owner's obligations under this Agreement, the Architect grants toi the Owner ar 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 prompl payment ofa all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Thel license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to! Section 1.3, solely and exclusively for use in performing services or construction for the Project. Ifthe Architect rightfully terminates this Agreement for cause as $7.3.1 In the event the Owner uses the. Instruments of Service without retaining the authors oft the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes ofaction arising from such uses. The Owner, tot the extent permitted by law, further agrees to indemnify and hold harmless the Architect andi its consultants from all costs and expenses, including the cost of defense, related to claims and causes ofa action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section" 7.3.1. Thet terms oft this Section 7.3.1 shall not apply ifthe Owner $7.41 Except for the licenses granted in this Article' 7, no other license ori right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement oft the. Architect. Any unauthorized use ofthe Instruments of Service shalll be at the Owner's solei risk and without liability to the Architect and the Architect's $7.51 Except as otherwise stated in Section 7.3, the provisions oft this Article 7 shall survive the termination ofthis $7.61 The Owneri is aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event ofa conflict between the signed and sealed construction documents prepared byt the Architect andt the electronic files. the signed and sealed hard-copy construction documents shall govern. Init. AIAI Document B101 -2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017. Allr rights reserved." "The American institute ofA Architects," "American Institute ofA Architects," "AIA," the AIAI Logo, and" "AIA Contract Documents" aret trademarks ofT The American. Institute of Architects. This document was produced at 11:36:59E ETon1 10/10/2023 under Order No,4104238914 whiche expires on 01/11/2024, is notf forr resale, is licensed ford one-time use only, and may only beu used ina accordance witht the AIA Contract Documents Terms ofs Service." Toreport copyrighty violations, e-mail dochloaacontacis.com. wiaderthis-Ariele- ARTICLE7 COPYRIGHTS AND LICENSES purpose. in derogation of the reserved rights ofthe Architect andt the Architect's consultants. provided in Section 9.4, thel license granted. in this Section 7.3 shallt terminate. rightfully terminates this Agreement for cause under Section 9.4. consultants. Agreement. 18 I User Notes: (3B9ADA3C) ARTICLE8 CLAIMS ANDI DISPUTES $8.1 General $8.1.1 The Owner and Architect shall commence all claims and causes ofe aetien-action, includingi indemnity and any statutes of limitations and repose.against the other and arising out of or related tot this Agreement, whetheri in contract, tort, or otherwise, in accordance with the requirements ofthe binding dispute resolution method selected in this Agreement and within thep period specified by applicable law, but in any case not more than 40-six( (6)_years after the date of Substantial Completion oft the Work. The Owner and Architect waive all claims and causes of -------- - ---eE c-X-A--- -a --s-.--- EX-X MPw--rae $8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be: subject to mediation as a condition precedent to binding dispute resolution. Ifs such matter relates to orist the subject ofal lien arising out oft the Architect's services, the Architect may proceed in accordance with applicable law to comply with thel lien notice or filing deadlines prior to resolution oft the matter by mediation or by binding dispute resolution. $8.2.21 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by -X ------- Ageme-melation. A request for mediation shall be made in writing, delivered tot the other party to this Agreement, and filed with the person or entity administering the: mediation. The request may ber made concurrently with the filing ofa complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance oft binding dispute resolution proceedings, which shall be stayed pending mediation for a period of60 days from the date of filing, unless stayed fora al longer period by agreement ofthe parties or court .K--rw----yw waarw--we S8.2.3 The parties shall share the mediator'si fee and any filing fees equally. The mediation shall be heldi in the place where the Project isl located, unless another location is mutually agreed upon. Agreements reachedi in mediation shall bee enforceable as settlement agreements in any court] having. jurisdiction thereof. $8.2.41 Ifthe parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding action not commenced in accordance with this Section 8.1.1. emumeratedherein Sectien9.7 $8.2N Mediation dispute resolution shall be thet following: (Check the appropriate box.) I1 Arbitration pursuant to Section 8.3 oft this Agreement [XI Litigation in a court ofc competent, jurisdiction [1 Other: (Specify) AIAI Document B101 2017, Copyright 01 1974,1 1978, 1987, 1997, 2007 and 2017. Allr rights reserved." The American! Institute ofA Architects," "American! Institute Init. ofA Architects." "AIA," the AIAI Logo, and" "AIA Contract Documents" aret trademarks ofT The American Institule of Architects. This document was produced at 11:36:59E ET on1 10/10/2023: under Order No.4 41042389141 which expires on 01/11/2024, is notf forr resale, is licensed for one-time use only, andi may only beu used ina accordance witht the AIA Contract Documents" Terms ofService. Tor reporto copyright violations, e-mail dochio@alaconradkscom. 19 I Usor Notes: (3B9ADA3C) Fihe-OwmeremdArehieedemetsekete-mehedeFbimimgdipHereheNBeR-erde-metsabseguentyegree- wingwatiwinpapierew-apne-pershsimewa 44FhepatiehavesnermsamangeepuNNy aim-dapuereher-mamrinswsaagwefrawAgreasAtetsahedy meéiaienshel-be-sabesehieR-msaNlyegwegreelhese,aebeadmisiere-y ee-merisemAbiwsiensmiswsiaeshsCesstaindayAts-ae afaisAgww-dmdadpyaa 8344-AdemaniferasdhiswaallemseseaerhameswAANetimgdfargueser msdiaicbatinaoewentraerdawadeper.wingshad aedpaeraww--wi--w-l-ne Fimwp-w-epersydEw. rbitratienshalleenssihie-theinstisienefiegaleregeiablepeseadimgshasadomhechaim:-dispueerethe: 832-Phe-feregeingeimgeememteabasbime,améelerageemeNbPAbRieNENNetseeFemy alyeensemeéipyparistiAgwasalyeiwheawwisahe-aw 8.33-TheewerdrendremdedbytaeareeHeshalseiamaamuegme-meNerewPeRe 8344Baherparvyetiesiw.ywisiwdiraAg-emewhany herarbiratiente-whiehitisepayprevidd-h)-heasbiretiengeememeigevermingHe-eHeraReHFaten emissemaldaie:imiwsilewhaahaawwe: mé@hearbhsasiensepeymssilyainiesawere 8342BHherparsystEsoke-dwereteen,mwyimaldelyypmderpesemseremiessabsanaNly-veved-ma cemmanpesioeflawsawepsaNwigindFemPirsiafasleswadinashisso, ovidad-a-hepurysowwneNgA dliemaipumoneremiyaasissassiamstaydhamd-ypireraleermasringwsion 43-TheOwRereeArahiesgantesnyPeeRereNitymadrepatyieRAhsReReeReendweled-umderths Seviens3wheierhysndrersmaldaiwwale-m-ghaEeinirandssasons-heCwmerands empetemtyurisdieten: 58.3Arbitration Agreemenkyand-fledwih-hepeseReralyadminsengthearbiaHeR. PaHeFIR-qHeSHOR: Fanyeeu#haMiREuRisdietentherer: itheppisahelaw-nePU#haPENTsdichea-theres: 4ACARaidHeRenan. mtdeserped-RRe"PP-CORSERE: ASN.eN $84-The provisions oft this Article 8 shall survive the termination of this Agreement. ARTICLE9 TERMINATION OR SUSPENSION $9.1Ifthe Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension ofp performance ofs services under this Agreement. Ifthe Architect elects to suspend services, the. Architect shall give seven days' written notice to the Owner before suspending services. In the event ofas suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because ofs such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior tos suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the $9.21fthe 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 shalll be compensated for expenses incurred in the AIAI Document B101 -2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017. Allr rights reserved, "The American Institute ofA Architects," "American Institute Init. ofA Architecls,"AIA," the AIAL Logo, and" "AIA Contract Documents" aret trademarks ofT The American Institute of Architects. This documenty was produced at 11:36:595 ET on1 10/10/2023 under Order No.4 4104238914 which expires on 01/11/2024, isr notf forr resale, is licensed for one-time use only, andr may only bet used ina accordance with the AIA Contract Documents Terms of Service. Toreporto copyrighty violations, e-mail ceno@asconiracs.com. remaining services and the time schedules shalll be equitably adjusted. 20 / User Notes: (3B9ADA3C) interruption andi resumption oft the Architect's services. The Architect's fees for the remaining services and the time $9.3Ifthe Owner suspends the Project for more than 90 cumulative days for reasons other than the fault ofthe Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. $9.41 Either party may terminate this Agreement upon notl less than seven days" written notice should the other party fail substantially toj perform in accordance with the terms ofthis Agreemen! through no fault of the party initiating 59.5The Owner may terminate this Agreement upons not less than seven days' written notice to the Architect for the $9,6 Ifthe Owner terminates this Agreement fori its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to -- leAreirtmiawiams--wwsaminiminewinl Reimbursable Expenses then due. AHa-smww-sa.c-----sAS-kwsiw -------oAe orihwiewaemwireeAaN schedules shall be equitably adjusted. the termination. Owner's convenience and without cause. ArtiwbPaleRe lieensingfeey +PemmiaatienPee: 2-LiemingFeihe-owwaasnemeNseFSeMAe: $9.81 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of $9,9 The Owner's rights 10 use the Architect's Instruments of Service in the event ofai termination of this 510.11 This Agreement shall be governed by thel law oft the place where the Project is este,exeldimgthat EE--+ $10.2 Terms int this Agreement shall have thes same meaning as thosei in AIA Document A201-2017, General Conditions of the Contract for Construction. Noheadings or numbering of Sections or Paragraphs in' This Agreement: shall bei interpreted or construed to change or modify the duties and obligations of Owner or Architect, $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 Agrcement without the written consent of the a-a-S.wwywXc5eH ---A $10,41FPursuant to 10.11,ifthe Owner requests the. Architect to execute certificates, the proposed language ofs such certificates shall be: submitted to the Architect for review at least 14 days prior to the requested datcs ofe execution. If the Owner requests the. Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consenti is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to AIAI Document B101 -2 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and2 2017. Allr rights reserved. "The American Institute ofA Architects," "American Institute Init. of Architects,""AIA, the AIAL Logo, and" "AIA Contract Documents": aret trademarks ofT The American Institute of Architects. This document was producedat 11:36:59 ET on1 10/10/2023 under Order No.41042389141 which expires on 01/11/2024, is not forr resale, isl licensed for one-lime use only, andi may only be used ina accordance witht the AIA Contract Documents" Terms of Service. Tor report copyright violations, e-mail doihiogalacontacis.om. Substantial Completion. Agreement are: set forthi in Article 7emd-Seetien9.7. ARTICLE10 MISCELLANEOUS PROVISIONS he-Federal-ArbiratiemAsahalgevemsem.Sectens--ocates, twyow--wa 21 I User Notes: (3B9ADA3C) execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope oft this $10.51 Nothing contained in this Agreement shall create a contractual ehatiemsimpwilirrlaioshp.thir-pary rights or benefits. with or ac cause of action in favor efe-thirépartyofat third parly person or entity against either the Owner or the Architect. The Architect's: services, Instruments of Service, and work product required under this Agreement are being performed and are intended solely for the Owner's use and benefit. $10.64 awseniepisiadnAgreeDe. Architect shall haver no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials ort toxic substances in: any $10.7 The Architect shalll have the right to include photographic or artistic representations oft the design ofthe Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access tot the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information ifthe Owner has previously advisedt the. Architect in writing of the specific information considered byt the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination oft this Agreement unless the Owner terminates this Agreement for cause pursuant to Section $10.81 Ift the Architect or Owner receives information specifically designated es-"confidential" or "business proprictary," ther receiving party shalll keeps suchi information strictly confidential and shall not disclose it to any other person except to(I)its employees, (2)those who need tol know the content ofs such information in ordert to perform services or construction solely and exclusively for thel Project.(3)its consultants and contractors whose contracts include similar restrictions on the use of confidential information, or (4)as set forth in Section 10.8.1. $10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, ort to the extent suchi information is reasonably necessary for the receiving party to defend itselfi in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform serviçes or work solely and exclusively for the! Project, provided those employees, consultants and contractors are subject tot the restrictions on the $10.91 The invalidity of: any provision of the Agreement shall noti invalidate the Agreement ori its remaining provisions. Ifiti is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, tot the fullest extent permitted byl law, to give effect to Agreement. form at the Project site. 9.4. This Section 10.8 shall survive the termination oft this Agreement. disclosure and use of such information as set forth in this Section 10.8. the parties' intentions and purposes in executing the Agreement. ARACIEH-COMPANSAION $1 10.101 Paragraph removed. 444-Ferthe-Arehiees-BasieServieesdesetrbadundrARiee-,theAmerahalempemsale-AFeheeHaS fellews:10.11The Architect shall not be required to sign any documents that would result in the Architect havingt to certify. guarantee or warrant the existence of conditions whose existence the Architect cannot ascertain, or thati in any way might increase the Architect's risk or the availability or cost ofits insurance, -StpulaledSum FSEH-Q: 2-Pereemiage-Basis fhnevtpeenagerahe, Init, AIA Document B101 - 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017. Allr rights reserved. "The American) Institute ofA Architects," American Institute ofArchitects." "AIA," the AIAL Logo, and" "AIA Contract Documents" aret trademarks of7 TheA American Institute of Architects. This documenty was produced at 11:36:59 ET on 10/10/2023 under Order No.4 41042389141 which expires on 01/11/2024, is notf forr resale, is licensed for one-time use only, and may only be used Ina accordancer with theA AIA Contract Documents" Terms ofs Service. Toreporto copyrighty violations, e-mail onogaacontacis.conm. 22 User Notes: (3B9ADA3C) o-wwww--------- 10.121 The Architect agrees to maintain all documents. including electronic documents, relatedt tot the Project fora aperiod ofr not less than seven (7) years, in ai reasonably accessible manner consistent with Pesenh-the-methoteihoofeumpesatiens 10.131 The section. headings used in this Agreement are intended principally: for convenience ands shall not be usedi in interpreting this Agreement ori in determiningany the Architect's internal document retention policy. 3-Other oft the rights or obligations oft the parties tot this Agreement. ARTICLE11 COMPENSATION the Architect as follows: -7-- gpeindpusast-Setiem4--1l1Fort the Architect's Services described herein, the Owner shall compensate - fempensaliemappy-Compensation shall be the lump sum of Fifty-Nine' Thousand, Seven Hundred Fify-Sixand 00/100and! 00/100 Dollars ($59.756.00). $11.2Not Used $11.3 For Additional Services that may arise during the course oft the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) As mutuallyagreed: as Additional Services are required. $11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not includedi in Section 11.2or11.3, shall be the amounti invoiced to the Architect plus twenty percent (20%), or as follows: (Insert amoun! of or basis for computing, Architect's consultants' compensationfor: Supplemental or Additional ----rwre Services.) r-pdiww SehemateDesg#Phase Psg-Peaepmeas CAasDw.Naw Proeurement-Paase Censiruelien-Phase fea-BaseCempesalen pereentf percentf percentf pereentf pereentt pereentf %) %) %) %) %) %) ene-hundred 100 MA-psiieas-5iw-Aos Baiesmalkrasawwrr-aata -ANAAT----- ------- iwrsw----hsee -----.---- $11.7 The hourly billing rates for services of the Architect and the. Architect's consultants are set forthl below. The rates shall be: adjusted in accordance with the. Architect's and. Architect's consultants' normal review practices. AIAI Document B101- -2 2017, Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017. Allrights reserved. "The American Institute of Architects," "American Inslitute Init. ofA Architects," "*AIA,"the AIAL Logo, and" AIA Contract Documents" aret trademarks of The American! Institute ofA Architects. This document was produceda at 11:36;59 ETC on1 10/10/2023 under Order! No,4 4104238914 which expires ond 01/11/2024, is notf forr resale, isl licensedf for one-time use only, andr may only beu used ina accordance witht theA AIA Contract Documents" Terms of Service. Tor report copyright violations, e-mail dochogacontacis.om. amdasaheepiaisWek ----cww--- 23 I User Notes: (3B9ADA3C) (fapplicable, attach an exhibit of hourly billing rates or insert them below.) Schedule of Hourly Billing Rages Calendar Year 2023 Principals Architects Senior Project Manager Project Manager Architect Project Designer Security and] Detention Design : Security Design Specialist Moseley Engineering. Director Senior Engineer Engineer/Designer Intern Technician Moseley Structural Engineering Senior Engineer Engineer/Designer Intern Technician Moseley Interior Design Interior Design Director Senior Interior Designer Project Interior Designer Corrections Planner Criminal. Justice Consultant Construction Administration Construction, Administrator Specification Writer Sustainability Planning Sustainability Planning Director Energy Analyst Sustainability Coordinator Administrative $249 $228 $179 $171 $113 $215 $249 $200 $163 $113 $179 $149 $113 $200 $134 $113 $249 $194 $171 $171 $200 $167 $149 $79 Rate-($0.00) Moseleyl MechaniealPletricalPumbine'Enginering Rates are subjeci to change on January 1 ofe each year Empleyee-erCalegew $11.8 compensation for Reimbursable Expenses $11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services andi include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: 11:36:59ET on1 User Notes: 1 Transportation and authorized out-of-town travel and subsistence; Init. AIAI Document B101- 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and: 2017. Alr righis reserved," "The American Institute ofA Architects," "American Institute ofArchitects." "AIA," the AIA Logo, and" "AIA Contract Documents". aret trademarks ofTheA American! Institute of Architects. This document was produced at ina accordancer witht the AIA Contract Documents? Terms ofs Service. Tor reporto copyright violations, e-mail dochbo@alaconraciscom. 10/10/2023 24 I under Order No.4104238914 which expires on 01/11/2024, isr notf for resale, isl licensed for one- -time use only, andr may only be used (3B9ADA3C) .2 Long distance services, dedicated data and communication services, teleconferences, Project webs sites, .3 Permitting and other fees required by authorities having jurisdiction over the Project; and extranets; 4 Printing, reproductions, plots, ands standard form documents; 5 Postage, handling, and delivery; .6 ----yww 7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the! PrejeetProiecttunless: specificallyi included ini the 8 Ifrequired by the Owner, and with the Owner's] prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, ort the expense of additional insurance coverage or limits in excess of that normally maintained1 by the Architect's .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as Basic or Supplemental Services); consultants; .10 Site office expenses; 9 AllanerlewindempelauiwhnanP-sA neçessary to achieve the Sustainable Objective; and, .12 Other similar Project-related expenditures. $11.8.2 Forl Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the $11.9 Architect's Insurance. Ift the types and limits of coverage required in Section 2.5 are in addition tot the types andl limits the. Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by (Insert the additional coverages the Architect. is required to obtain in order to: satisfy the requirements. setj forth in Architect's consultants plus ten. percent ( 10%) of the expenses incurred. the Architect fort the additional coverages as set forth below: Section 2.5, and for which the Owner. shall reimburse the. Architect.) $11.10P Payments to the Architect 44404-A-Paymens 04Amiahipymws4--dsW-mMaeN awa.w-oww-aaal -ys--w---- E)aHhemaryinew-sa.c------. 97----- w-d-ma.---www $11.10.2.1 Unless otherwise agreed, payments for services shall be madc monthly in proportion tos services performed. Payments are due and payable upon presentation ofthe. Architect's invoice. Amounts unpaid thirty 30)days after the invoice date shall bear interest at the rate entered below, ori in the absence thereof at the legal rate $11.10.21 Progress Payments prevailing from time to time at the principal place oft business ofthe Architect. (Insert rate ofmonthly or anmual interes! agreed upon.) 12 %1 twelve percent per annum $11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose aj penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost ofc changes in the Work, unless the Architect agrees orl has been found liable for the amounts in: a binding and final dispute $11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available tot the Owner at mutually convenient times. resolution proceeding. AIAD Document B101. 2017. Copyright 01 1974,1 1978, 1987, 1997, 2007 and2 2017. All rights reserved." "The American Institute ofA Architects," "American Institute Init. ofA Architects," "AIA," the AIA Logo, and" "AIA Contract Documents": aret trademarks ofT The American institute ofA Architecis. This document was producedat 11:36:59E ET on1 10/10/2023 under Order No.4 41042389141 which expires on 01/11/2024, ist notf for resale, is licensedf ford one-time use only, andr may only be used ina accordance witht theA AIA Contract Documents" Terms of Service." Tor report copyright violations, e-mail doahio@aacuntecis.om. 25 I User Notes: (3B9ADA3C) ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) 12.1 Neither the Architect nor the Architect's consultants have offered, intends to offer, or shall be required to offer,anyf fiduciaryservice to the Owner and no fduciaryrsponsibilily shall be owed to the Owner by either the Architect or the Architect's consultants as ar result of the Owner and Architect entering into this Agreement. 12.2 NON-DISCRIMNATION. During the performance oft this Agreement, the Architect agrees as follows: 12.2.1The Architect will not discriminate against any employee or applicant for employment because of race, religion, color, sex. or national origin. except where religion, sex, or national origini isab bona fide occupational qualification reasonably necessary to ther normal operation of the Architect. The Architect agrees to postin conspicuous places, available to employees and: applicants for employment., notices setting forth the provisions of 12.2.2 Architect shall state in all solicitations or advertisements for employees placed by or on behalf ofthe 12.2.3 Notices, advertisements. ands solicitations placed ina accordance with federal law, rule, or regulation shall be 12.2.47 The Architect agrees to include the provisions of 12.2.1.12.2.2. and 12.2.3 above in every subcontract over 12.3 During the performance of this Agreement,the. Architect agrees to (i) providead drug-free workplace fori its employees: (i) post in conspicuous plaçes. available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale. distribution. dispensation, possession. or use ofa controlled substance or marijuana is prohibited ini its workplace and specifying the actions that willl bet taken against employees for violations ofs suchp prohibition: (I) state in all solicitations or advertisements for employees placed by oroni its behalft thati it maintains a drug-free workplace; and (iv)include the provisions of the foregoing clauses in everys subcontract or purchase order of over $10,000, so thatt the provisions willl be binding upon each subcontractor Fort the purposes oft this section. "drug-free workplace" means as site for the performance of work done in connection with this Agreement in which the employees oft the Architect are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the 12.4The requirements oft the Americans with Disabilities. Act (ADA), Fair Housing Act (FHA)and other federal, state and local accessibility laws. rules. codes, ordinances andi regulations willl bes subject to various and possibly contradictory interpretations. Federal accessibility laws and regulations are not] part of. or necessarily compatible with. state or local laws. codes and regulations governing construction. The Architect.herefore. will use its reasonable professional efforts andj judgment toi interpret applicable accessibility: requirements in effect as oft the date Architect recommends the Owner obtain appropriate legal counsel with respect to compliance with the appropriate 12.5The Architect agrees, to the fullest extent permitted byl law, toi indemnify and hold harmless the Owner. its officers, directors and employees (collectively, Owner) against all damages. liabilities or costs, including reasonable attorneys' fees, to the extent caused by the Architect'sneglgent. performance of professional: services under this Agreement andt that ofi its consultants or anyone for whom the Architect is legally liable. Neither the Owner nor the Architect shall be obligated toi indemnify the other party in any manner whatsoever fort the other party's own 12,6 Architect's Services shall be limited to those expressly set forth in this Agreement. Architect shall have no other this nondiscrimination clause. Architect that the Architect is an equal opportunity/employer, deemed sufficient compliance with this provision. $10.000 so that the provisions will bel binding upon eachs subcontractor. or vendor. performance oft the Agreement. ofsubmission tol building authorities, and as they apply to the Project. Therefore. the disability access laws. negligence ori fort the negligence of others that they are not legally liable. obligations or responsibilities for the Project except as agreed to in writing. Init. AIA Document! B101. 2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and 2017. Allr rights reserved. "The American Institute ofA Architects," "American Institute ofA Architects," "AIA," the AIAL Logo, and" "AIA Contract Documents" aret trademarks of The American Institute ofA Architects. This document was produced at 11:36:59 ET on1 10/10/2023 under Order! No.4 4104238914 whiche expires on 01/11/2024, isr notf forr resale, is licensedf ford one-time use only, andr may only be used ina accordance witht theA AIA Contract Documents" Terms of Service. Tor reporto copyright violations, e-mail doemlo@aacontacis.com. 26 User Notes: (3B9ADA3C) 12.7The Contractor and Subcontractors willl be solely in control oft thel Project site and exclusively responsible for construction means.methods. scheduling, sequencing. jobsite safety and compliance with all Construction 12.8 Only upon the written request or direction of Owner, any value engineering, substitutions. or othercost- reduction effort or analysis that results in similar evaluations, is performed on this Project, the Architect shall provide its opinion to the Owner with respect to proposed or requested changes ini materials. products. systems,or equipment. The Architect shall be entitled to rely on the accuracy and completeness oft thei information providedi in conjunction with the requested change(s). The Owner acknowledges that such changes may result in a reduction in the quality and performance of ther materials. components, or proiect. Accordingly. the Architect shall not be responsible for such reduction in performance by incorporating such value engineered. substituted, or otherwise 12.91 Ifthe Owner directs the Architect to specify any product or material after the Architect hasi informed the Owner that such product or material may not be suitable or may embody characteristics that are suspected ofc causing or may cause the product or material to be considered al hazardous substance in the future, the Owner waives all claims 12.10 As used in this Agreement, the term hazardous materials shall mean any substances, including without limitation asbestos. toxic or hazardous waste, PCBs. combustible gases and materials. petroleum or radioactive materials (as each oft these is defined in applicable federal statutes) or any other substances under any conditions and ins such quantities as would pose as substantial danger to persons or property exposed tos such substances at orr near Inc consideration of the substantial risks to the Architect in rendering its services in connection with the Project due to the presence or suspected presence ofhazardous materials at or near the jobsite, the Owner agrees to make no claim and] hereby waives, to the fullest extent permitted by law, any claim or cause or causes of action, including negligence. breach of contract or warranty, either express or implied, strict liabilityor any other causes.against the Architect, its officers. directors. partners. employees and subconsultants (collectively. Architect), which may arise out ofc or may be connected to the presence ofs such hazardous materials. The Owner acknowledges that the Architect is not and shall not be required tol be an arranger. generator, operator or transporter of hazardous materials present at or near the Project site (as these terms are defined in applicable federal or state statutes and all related regulations). 12.11This Agreement may be executed in one or more counterparts ands shall bc effective when all the Partics have signed a counterpart. hereof. Electronict transmission of original signatures in. pdf or similar format are as final and $13.1This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be Documents and directions from Owner orl building officials. incorporated materials, products. systems, or equipment into the Project. as a result thereof against the Architect. the] Project site. binding as pen andi ink originals cxecuted and exchanged in the presençe of all Parties. ARTICLE 13 SCOPE OF THE. AGREEMENT amended only by written instrument signed by both the Owner and Architect. $13.21 This. Agreement is comprised oft the following documents identified below: .1 AIA Document BIOIP-2017,Suandard. Form Agreement Between Owner and Architect -AAP-meNEIachangAPgaMMkNe indieated-belew 3 Exhibits: FAnertedeFHeE,AeeeMmPrgeme, ChmthreprpriaehaePeTewrymw, -MAD--AM-aN--wwe aserhe-dmeefe-IP-uptReN owia-AwNNES AIAI Document B101 -2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and2 2017. Alir rights reserved. "The American Institute ofA Architects," "American Institute Init. ofArchitects," "AIA," the AIAL Logo, and" "AIA Contract Documents" aret trademarks ofT The American! Institute ofA Architects. This document was produceda at 11:36:59 ET on1 10/10/2023 under Order No.41042389141 which expires on 01/11/2024, is notf forr resale, is licensed ford one-time use only, andr may only be used I ina accordance witht theA AIA Contract Documents" Terms of Service. Tor report copyright violations, e-mall deho@aaconracis.om. 27 User Notes: (3B9ADA3C) Flearlr-isemtf-any-ehereshlrmevporsief-me-HyeMMePamséseperofserwees ewffeaseshibis-iin-Setion--27 4-Otherdeeuments*: (List other documents, ifany, forming part of the. Agreement.) Thjs Agreement entered into as ofthe day and year first written above. OWAER( (Signatbe) MDnt Kirk Smith, Chairman Board ofCommissioners- (Printed name and title) ARCHITECT (Signature) Todd) B. Davis, Vice President Moseley Architects P.C- (Printed name, title, and! license number; ifrequired) This instrument has been preaudited int the manner required byt the Local Govemment Budget and Fiscal ContractA Act. Caudac Ruy Finance Officer, Lee County AIAI Document B101 - 2017. Copyright 01 1974,1 1978, 1987, 1997, 2007 and2 2017. Allr rights reserved." "The American Institute of Architects," "American! Institute Init. ofA Architects," "AIA," the AIA Logo, and' "AIA Contract Documents" aret trademarks ofT The American Institute of Architects. This document was produced at 11:36:59 ETC on1 10/10/20231 under Order! No.4 4104238914 which expires on 01/11/2024, isr notf forr resale, isl licensedf ford one-time use only, andr may only be used Ina accordance witht the AIA Contract Documentse Terms ofService. Tor report copyright violations, e-maii ocihlo@aaronratiscom., 28 I User Notes: (3B9ADA3C) Certification of Document's Authenticity AIAO Document D401TM- -2 2003 L, hereby certify, to the best ofmy! knowledge, information and belief, that Icreatedt the attached: final document simultaneously witht this certification 11:36:59. ET on 10/10/2023 under Order No. 4104238914 from AIA Contract Documents software and that inj preparing the attached final document made no changes to the original text of AIAR Document B1017M-2017, Standard Form of Agreement Between Owner and Architect, other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Signed) (Title) (Dated) AIA Document D401 -2 2003. Copyright 01 1992 and2 2003. Allrights reserved," "The American! Institute ofA Architects," "American Institute ofA Architects," "AIA," the AIAI Logo, and" "AIA Contract Documents" aret trademarks ofT The American Institute ofA Architects. This document was produced at1 11:36:59ETO on1 10/10/2023 1 under Order No.4104238914 whiche expires on 01/11/2024, isr nolf forr resale, is licensed ford one-lime usec only, andr may only be usedi ina accordance witht theA AIA Contract Documents* Terms of Service. Tor report copyrighty violations, doihio@aacuntacis.com. User Notes: (3B9ADA3C) CONTRACT ADDENDUM FOR CONTRACTS WITH ANY DEPARTMENTOF LEE COUNTY GOVERNMENT CONTRACTOR: MISEN Aruriteots COUNTY DEPARTMENT: feAlka dervices SUBJECT OF CONTRACT: Jail Feagihiy shdry DATE/TERM OFC CONTRACT: Dpopu.,413 Notwithstanding any provision contained in the above referenced Contract or Agreement which may be to the Non-appropriation clause. Contractor acknowledges that Lee County is a governmental entity, and the contract validity is based upon the availability of public funding under the authority of its statutory mandate. Int the event that public funds are unavailable and not appropriated fort the performance of Lee County's obligations under this contract, then this contract shall automatically expire without penalty to Lee County thirty (30) days after written notice to Contractor ofi the unavailability and non-appropriation of publici funds. Iti is expressly agreed that Lee County shall not activate this non-appropriation provision fori its convenience or to circumvent the requirements of this contract, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally itsg governmental operations. Ini the event of a change in the Lee County's statutory authority, mandate and mandated functions, by state and federal legislative or regulatory action, which adversely affects Lee County's authority to continue its obligations under this contract, then this contract shall automatically terminate without penalty to Lee County upon written notice to Contractor of such limitation or change in Lee County's legal contrary, the following provisions are incorporated and shall apply, supplant and control: authority. Dispute Resolution/lurisdiction/Venue. Any dispute arising under this Agreement may be settled by mediation in the State of North Carolina in accord with such procedures as may be available to units of local government under: state law. No other dispute resolution procedures: shall apply. Jurisdiction for any legal proceedings concerning this contract or agreement shall be state courts in the State of North Carolina. Venue for such proceedings shall be Lee County. No pledge of taxing authority. No deficiency. judgment may be rendered against Lee County or any agency of Lee County in any action for breach of a contractual obligation under this contract. The taxing power of the Lee County is not pledged directly or indirectly to secure any monies due under this contract. Conflict of Interest: Ifthis is a contract for design, engineering, contract administration or similar services, the Contractor will not enteri into contracts or agreements with third parties that may present a potential for conflict of interest between Lee County and thet third parties regarding the subject matter of this Contract or Agreement. Compliance with E-Verify requirements: The Contractor and any of its subcontractors must comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, ifapplicable, which requires Revised 11-9-15 certain employers to verify the work authorization ofe each newly hired employee through thet federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies. Divestment from companies that boycott Israel: Contractor certifies that (a) it is not identified on1 the Israel Boycott List or any other list created by the NC State Treasurer pursuant to N.C.G.S. 147-86.806 et al and (b) it will not take any action causing it to appear on any such list during the term of the contract agreement. Iran Divestment Act Certification. The Contractor certifies that the Contractor is not listed on the Final Divestment List created byt the State Treasurer pursuant to N.C.G.S. 147-86.58 (the Final Divestment List) and the Contractor will not utilize any subcontractors performing work under this Contract which is listed on the Final Divestment List. The Final Divestment List can bei found on the State Treasurer's website at the address and Non-Discrimination in Employment. The Contractor will not discriminate again any employee or applicant for employment because of age, sex, race, creed, national origin or disability. In the event Contractor is determined by the final order of an appropriate agency or court to bei in violation of this provision or any non-discrimination provision of federal, state or local law, this Contract may be suspended or terminated, in whole ori in part by the County. In addition, the Contractor may be declared ineligible for further contracts with the County. Indemnification: The Contractor agrees, toi the fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees (collective, County) against all damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor's negligent performance of services under this Agreement and that of its subcontractors or anyone for whom the Contractor Drug-Free Workplace. During the performance of this agreement, the Contractor agrees to (1) provide a drug-free workplace fori its employees; (i) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees oft the unlawful manufacture, sale, distribution, dispensation, possession, or use ofa a controlled substance or marijuana is prohibited ini its workplace and specifying the actions that willl bet taken against employees for violations of such prohibitions, (ii) state in all solicitations or advertisements' for employees placed by or on its behalf that it maintains a drug-free workplace; (iv) include the provisions oft the foregoing clauses ine every subcontract or purchase order of over $10,000.00 sO that the should be updated every 180 days. isi legally liable. provisions will be binding upon each subcontractor or vendor. For the CONTRACTOR: For LEE COUNTY: Title: Title Charman, LW County Boardl OF COMMiSiPIe Revised 11-9-15 AGREEMENT FOR COMPREHENSIVE FIRE STUDY ANDI LONG-RANGE PLANNING SERVICES THIS AGREEMENT (the "Agreement") is entered into and effective October 1K2023, (the "Effective Date")! by and between LEE COUNTY, al body politic and corporate of the State of North Carolina, whose address is 115 Chatham Street, Suite #302, Sanford, NC 27330 hereinafter referred to as' "County" and NORTH CAROLINA FIRE RESCUE INNOVATIVE SOLUTIONS, LLC, al North Carolina limited liability company, d/b/a NCI FIRE CHIEF CONSULTING, hereinafter referred to as the "Consultant". Subject to the terms and conditions hereinafter set forth, the County hereby agrees to contract with the Consultant for certain services and the Consultant agrees to provide such services. WITNESSETH: WHEREAS, the County has identified Consultant as capable of assisting and performing certain fire service comprehensive and long-range planning services as more particularly described below; and WHEREAS, the parties wish to enteri into a written agreement memorializing certain terms of1 the NOW, THEREFORE, in consideration of the mutual promises herein set forth and other good and valuable consideration, the receipt and sufficiency of which are herebyacknowledged, the parties agree 1. DESCRIPTION OF SERVICES: Consultant shall provide certain fire service comprehensive evaluation and long-range planning more particularly described in Exhibit A attached hereto and 2.1 The County shall pay the Consultant for services based on the hourly rates provided for in Exhibit A for services performed not to exceed $71,342.75, which includes the maximum fee for services performed in addition to maximum mileage reimbursement. 2.2 County agrees to pay for services satisfactorily performed in accordance with this Agreement. Unless otherwise specified, Consultant shall submit an itemizedi invoice to County by the end of the month following the month in which Services are performed showing the services performed as oft the invoice date including a detailed description of the services performed, who performed the services, and the number of hours worked by each person performing services per day. The County shall have no obligation to pay any subcontractor other than through payment of Consultant's regular invoices and shall have no liability for payments owed to subcontractors that are noti included on Consultant'si invoices. Payment will be processed upon receipt and approval oft the invoice by County. The Consultant shall: submit alli invoices applicable under the terms of this Agreement within (30) days of the Agreement termination date. All invoices shall specify the amount paid for labor, materials, and applicable taxes including, but not limited to, sales taxes. Any sales taxes shall specify the entity (state or local) to whom taxes are paid and the amount oft taxes paid to said entity. If any amount owed under the terms hereof is disputed, County shall pay Consultant the amount noti in dispute and shall retain the disputed amount until such time as the dispute is settled or a judgment agreement. asf follows: incorporated herein by reference (the "Services"). 2. RATE, SOURCES AND METHODS OF PAYMENT: 1 ise entered in accordance with applicable law. No payments shall be made to Consultant until IRS form W-9 and other necessary forms required by applicable law and the County have been completed. 3. TERM: The services contemplated by the Agreement shall begin on. services are to be delivered' in substantial form on or before, (orr maybe the 2024, to the date of signing by the last party) and continue until completion oft the services detailed in Exhibit A unless otherwise terminated in accordance with the terms oft this agreement. Professional 4. CONSULTING SERVICES: Consultant represents that iti is capable of working on assigned tasks or projects without the direct supervision of County and shall perform said tasks or projects in a professional manner: and in accordance with the standards of applicable professional organizations: and licensing agencies. The parties agree that Consultant is rendering Services to the County as an independent contractor, not as an employee or agent. Nothing contained herein shall, or shall be construed to, create a partnership, joint venture, or any other relationship between the parties or confer any benefits to the other party. In Consultant's capacity as an independent contractor, Consultant shallf file all required taxi returns and reports, withhold and/or pay all required federal, state and local wage and employment related taxes, including but not limited to, federal income taxes, social security taxes and unemployment taxes, with respect to the amounts paid to Consultant under this Agreement. 5. NO AGENCY: Consultant. shall have no authority to contract for or on behalf of the County, to incur obligations or indebtedness for or on behalf oft the County, ori in any way bind the County. 6. TERMINATION OF AGREEMENT: This agreement may be terminated by either party upon either party'sn material breach of any of its obligations hereunder and if such breach is not cured within thirty (30) days from the receipt of written notice from the non-breaching party tot the breaching party. However,30 day written notice and an opportunity for the breaching party to cure shall not be required ifa a same or substantially similar breach by the breaching party occurs more than twice in any six (6) month period. Ift the breach is not susceptible to being cured within thirty (30) days, the non-breaching party may not terminate this Agreement if the breaching party commences to cure the breach within thirty (30) day period and proceeds thereafter with reasonable diligence to cure the breach and such breach is cured by the breaching party within sixty (60) days. Upon such termination, the parties shall be entitled to such additional rights and The County shall have the right to terminate this Agreement at any time without cause and upon written notice to the Consultant. Consultant shall be compensated in full for the work completed as of the date of the notice of termination. Termination of this Agreement whethert for cause or without cause shall not form the basis of any claim for County by the Consultant. remedies as may be allowed by relevant law. loss of anticipated profits for either party. 7. STANADARD OF CARE: The standards of care applicable to Consultant's services willl be the degree of care and skill ordinarily exercised by consultants performing the same or similar 8. INSURANCE AND INDEMNITY: Consultant shall indemnify and hold harmless the County andi its officials, agents, and employees from and against all claims, damages, losses and expenses, direct, indirect, or consequential (including but not limited to feesa and charges of attorneys and other professionals and costs related to legal action) to the extent arising out oforresulting services int the same locality at the time the services are provided. 2 fromi the negligent performance of this Agreement or the negligent actions oft the Consultant or its officials, employees, or contractors undert this Agreement or under the contracts entered into byt the Consultant in connection with this Agreement. This indemnification shall survive the Consuitant shall purchase and maintain during the life oft this Agreement, with an insurance company acceptable to County, authorized to do business in the State of AUTOMOBILE LIABILITY - Bodily injury and property damage liability insurance covering all owned, non-owned, and hired automobiles for limits for bodily injury of not less than COMMERCIAL GENERAL LIABILITY - Bodily injury and property damage liability shall protect the Consultant, and any subcontractor performing work under this contract, for claims of bodily injury or property damage which arise from operations oft this Agreement, whether such operations are performed by Consultant, any subcontractor, or anyone directly or indirectly employed bye either. Nothing herein shall be read to allow: subcontractors to provide services hereunder without County's prior written consent. The amounts of such insurance shall not be less than $1,000,000 bodily injury each ccurence/52,000.000 aggregate and $1,000,000 property damage each occuren.e/sZ,00000. aggregate. This insurance shall include coverage for liability in an amount not less than! Sip00emchocumeme/3.00p0Aagrgie. Thel liability insurance coverage amounts may be satisfied with a combination of primarya and termination of this Agreement. North Carolina, thei following insurance: $1,000,000 combined single limit. excess/umbrella coverage. WORKER'S COMPENSATION Meeting the statutory requirements oft the State of North Carolina, even if not required by law to maintain such insurance. Said Workers' Compensation insurance shall have at least the following limits: Employers Liability- $1,000,000 per accident limit, $1,000,000 disease per policy! limit, $1,000,000 disease PROFESSIONAL LIABILITY - Insuring against professional negigene/errorsand omissions on a claim-made basis with policy limits of $1,000,000 per claim/52,000,000 annual aggregate. "Tail" coverage will be required at the completion of this Agreement for the duration of twelve (12) months. Continuous "claims made" coverage will be acceptable in lieu of "tail" coverage provided its retroactive date is on or before the effective date oft this Agreement. If Continuous "claims made" coverage is used, Consultant shall be required to keep the coverage in effect for a duration ofr not less than twelve (12) months from the end of this Agreement. This will be a condition of the County shall be named as an additional insured under all such policies (except workers' compensation and professional liability). Certificate ofs such insurance willl bet furnished to the County priort to work beginninga and shall contain the provision that County willl be each employee limit. final acceptance of work or services. 3 given thirty (30) days written notice ofa anyi intent to amend or terminate by either the Consultant or the insuring company. 9. OWNERSHIP OF WORK: All work and any documents prepared by the Consultant for oron account oft this Agreement shall be owned by the County, and the County shall have all common law, statutory and other reserved rights, including the copyright provided, however Consultant shall retain ownership ofi its proprietary processesa and spreadsheet applications. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the project is not to be construed as publication in derogation oft the County's 10. NOTICES: Any notice required under this Agreement will bei in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time toi time by such party) and given personally, by registered or certified mail, return receipt requested, or by a nationally recognized overnight courier service, deliver confirmation requested. All notices shall be deemed effective upon the date of receipt of three (3) days following deposit in registered or certified mail or with a nationally recognized overnight courier. service, whichever reserved rights. ist first. COUNTY: Lee County Fire Marshal's Office Attn: Aaron Bullard, Firel Marshal 115 Chatham Street, St #302 Sanford, NC 27330 Attn: Gregory H. Greyson 3140. Abingdon Place Burlington, NC 27215 CONTULTANT: North Carolina Fire Rescue Innovative Solutions, LLC 11. AUDIT RIGHTS: For all work being performed under this Agreement, the County has the right to inspect, examine, and make copies of all books, accounts, records, receipts, invoices and any other writing or documents relating to the performance of the work. Audits shall take place at times and locations mutually agreed upon by both parties, although the Consultant must make the materials to be audited available within one (1) week oft the request for them. This provision 12. SAFETY: Consultant andi its employees, agents or subcontractors will observe posted safety requirements of the County andi those required byl law. Consultant is responsible for the safety ofi its employees, agents, or subcontractors at all times while on the County'sp premises. 13. COUNTY NOT RESPONSIBLE FOR EXPENSES: County shall not be liable to Consultant forany expenses paid ori incurred by Consultant unless otherwise agreed to in writing. 14. EQUIPMENT: Consultant shall supply, at its expense, all equipment, tools, materials, and/or supplies required to provide contracted services unless otherwise agreed in writing. 15. NONDSCRIMINATION IN EMPLOYMENT: Consultant shall not discriminate against any employee orapplicant for employment because of age, sex, race, creed, national origin, or disability. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated fairly and legally during employment with regard to their age, sex, race, creed, national origin or disability. Ini the event Consultant is determined by the final order ofa an shall remain in effect for 3 years after the completion of the contract. 4 appropriate agency or court to be in violation of any nondiscrimination provision of federal state, orl local law or this provision, this Agreement may be cancelled, terminated, or suspended inv whole or in part by the County, and Consultant may be declared ineligible fori further County 16. COMPLIANCE WITH LAWS: Consultant represents that it is in compliance with all Federal, State, and local laws, regulations, or orders. The implementation of this Agreement will be carried out ins strict compliance with all Federal, State, or local laws regarding discrimination! in employment. 17. SUCCESSORS. AND ASSIGNS: Consultant shall not assign its interest int this Agreement without 18. ENTIRE. AGREEMENT: This Agreement, including all documents attached hereto, shall constitute the entire understanding between County and Consultant and shall supersede all prior understandings and agreements relating to the subject matter hereof and may be amended only by mutual written agreement oft the parties. In the event of conflicts between the Agreement 19. SEVERABILITY: Should any provision, portion or application thereof of this Agreement be determined bya a court of competent jurisdiction to bei illegal, unenforceable, ori in conflict with any applicable law or constitutional provision, the parties shall negotiate an equitable adjustment int the affected provisions oft this Agreement with a view toward effecting the purpose of this Agreement, and the validity and enforceability oft the remaining provisions, 20. THIRD-PARTY beneficiaries: None of the obligations and duties of Consultant or County hereunder shall in any way or in any manner be deemed to create any obligation of Consultant or County to, or any rights in, any person or entity not a party hereto. This Section shall survive 21. GOVERNING LAW; JURISDICTION; VENUE: The construction and performance of this Agreement shall be governed by and construed pursuant to the law of the State of North Carolina. Venue for any legal actions initiated concerning this Agreement shall be brought in the appropriate state court sittingi in Lee County, North Carolina, having jurisdiction over said claim. The parties waive any right they may have to venue in any other jurisdiction. Said court located in Lee County, North Carolina shall have exclusive jurisdiction over disputes under this Agreement. 22. VOLUNTARY EXECUTION/AUTRORITE By signing below the parties hereto certifythey! have read the entire contents of this Agreement; have individually been afforded sufficient opportunity to obtain independent legal advice prior to executing this Agreement; fully understand the provisions set forth in this Agreement and acknowledge that each term, condition, and provision is fair and reasonable; and that each party has received a signed copy of this Agreement. The parties stipulate that the signor has legal authority to sign on behalf ofi its organization and bind 23. COUNTERPARTS: To facilitate execution, this Agreement may be executed by handwritten signing or by electronically transmitted facsimile of such signing, either of which shall create a validly executed document, in as many counterparts as may be required. 24. E-VERIFY: Consultant warrants that it is and shall at all times remain in compliance with the "E- Verify" provisions of Article 2, Chapter 64 of the North Carolina General Statutes. Further, Consultant shall require that all subcontractors, providing services related to this Contract be and contracts. the prior written consent oft the County. documents, this Agreement shall take precedence. portions or applications thereof, shall not be impaired. the expiration or termination of this Agreement. the organization to the terms of this Agreement. 5 remain in compliance with Article 2, Chapter 64 of the North Carolina General Statutes. Failure to meet the requirements of this subsection shall be an event of default hereunder. 25. RESTRICTED COMPANIES LIST: Consultant represents that as of the date of this Agreement, Consultant is not included on the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C. General Statute $147-86.58. Consultant also represents that as of the date ofthis Agreement, Consultant is noti included on the list of restricted companies determined to be engaged in a boycott ofl Israel created by the North Carolina State Treasurer 26. During the performance of this agreement, the Contractor agrees to (i) provide a drug-free workplace fori its employees; (ii) post in conspicuous places, available to employees and applicants fore employment, a statement notifyingemployees: of the unlawful manufacture, sale, distribution, dispensation, possession, or use ofa a controlled substance or marijuana is prohibited ini its workplace and specifying the actions that will be taken against employees for violations ofs such prohibitions, (ili): state ina all solicitations or advertisements for employees placed by or on its behalf that it maintains a drug-free workplace; (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000.00: so that the pursuant to N.C. General Statute S 147-86.81. provisions willl be binding upon each subcontractor or vendor. LEE COUNTY By: Amontle Lee County Board of Commissioners This instrument has been preaudited int the manner required by the Local Govemment Budget and Fiscal Contract Act. Candae Bmen Finance Officer, Lee County KirkD. Smith, Chairman ATTEST: Hailey Hall, Clerk the Board iual fo NORTH CAROLINA FIRE RESCUE INNOVATIVE: SOLUTIONS, LLC d/b/a NCI FIRE CHIEF CONSULTING By: Gregory H. Grayson, Chief Officer PRE-AUDIT CERTIFICATION Thisi instruments has been pre-audited int the manner required by the Local Government Budget and Fiscal Control Act. Cundale Oaman Candace Iceman, Finance Director Lee County Government By 7 EXHIBIT "A" [Scope of Services] 8 FIRECHIE ATRVNS N*C MEPOYI CONSUL T PROFESSIONAL SERVICES PROPOSAL Comprehensive Fire Services Study and Long-Range Plan Prepared For: Lee County, North Carolina Prepared By: NC Fire Rescue Innovative Solutions, LLC dba NC Fire Chief Consulting NC Fire Chief Consulting 3140 Abingdon Place Burlington, NC 27215 P:( (336)266-7998 www.NCFreChet.com Point of Contact Greg Grayson Chief Officer M: (336)266-7998 GGrayson@NCFireChief.com North Carolina Fire Chief Consulting 3140 Abingdon Place Burlington, North Carolina 27215 (336)266-7998 anencrachetcon www. NU Frethef.com - September 7, 2023 Ms. Jen Waterhouse Lee County Government 115 Chatham Street - Suite 302 Sanford, North Carolina 27330 VIA: Federal Express Certified Delivery AND LONG-RANGE PLAN 4372-01-24 RE: REQUEST FOR PROPOSALS FOR COMPREHENSIVE FIRE SERVICES STUDY Dear Ms. Waterhouse, Please review the documents within this proposal organized as outlined in your request We would be most honored to assist Lee County in this most important endeavor. NC Fire Chief Consulting is North Carolina's lead fire consulting firm. We serve as the fire consulting provider through the North Carolina League of Municipalities, and we have helped many counties and municipalities within our growing state. We have a top-notch team of subject matter experts within North Carolina and would sincerely appreciate further dialogue with Lee County staff in the consulting provider selection process. We look forward to collaborating to strengthen and improve the fire protection service delivery system in Lee County. Please let us know how we can best help moving for proposal as due of September 8, 2023, by 2pm. forward. Sincerely, Chacht Gregory H. Grayson Chief Officer 2 Proposal - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC Technical Proposal assistance to Lee County: Based upon the requests and information received and data provided to North Carolina Fire Chief Consulting (NCFCC) to date, we would offer the following levels of specific Estimated Protessional Services Hours Core individual Scope Tasks 1. Structured Communication with Lee County Project Team, Executive and Elected Officials: a) Hold monthly virtual meetings over an approximate six- month period with the members of the Lee County Project Team to report on progress and gain direction o) Establish a project Dropbox for all pertinent documents for the Lee County Project Team to use throughout the process to immediately always have up-to-date information. All posted work documents will be provided digitally to Lee County. c) Provide virtual interviews with the County Manager and seven (7) county elected officials as stakeholders to gain perspective and understanding of the needs of the service delivery system into the future. d) Provide a virtual draft presentation to the Project Team of the report findings, making modifications as e) Provide an approximate one-hour presentation to the Lee County Board of Commissioners at the conclusion of the project, as scheduled by Lee County staff. This will include one hard copy report and PowerPoint presentation developed for this purpose. (Mileage 100) 2. Structured Communication with Lee County Fire a) Hold one fire chiefs group stakeholder session on site, inp person at the onset of the project with full fire chiefs' group to explain plan, purpose, approach, provide some introductions and build rapport. NCFCC will develop and provide a PowerPoint presentation for use at this session. At least two (2) NCFCC consultants will on next steps int the process. 40 necessary. Service Stakeholders: 40 attend in person. (Mileage 275) 3 Proposal - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC b) Hold one stakeholder session on site, in person at the completion of the project, same as Commissioner meeting date with the fire chiefs to deliver the c) Hold individual virtual sessions with each of the seven (7)provider fire chiefs and the Board of Director President with two (2) consultants to hear from each provider agency about key issues and concerns (SWOT d) Hold an individual virtual session with the Sanford Fire Chief and the Sanford City Manager to hear from them about key issues and concerns (SWOT format). e) Subsequently, assemble and administer an electronic survey for all members of the seven (7) contracting Lee County fire departments based upon thei information received from the fire chiefs to gage priority issues across the county with firefighters determining the priority needs/ssues/concers electronically and providing open feedback ini the survey instrument as well. NCFCC will provide a customized link and convey the information to fire chiefs via written format. NCFCC will provide a high-level summary of responses from the f) NCFCC will provide fire chiefs with periodic briefs as needed for components, such as directions for the surveys, information sought from the one-on-one 3. Structured Communication with Lee County a) NCFCC will prepare and present an in-person, on-site public presentation in "Town Hall" fashion as directed by Lee County to gain public input and comments about the fire protection service delivery in Lee County. Two (2) consultants will be on-site. Responses will be summarized in the final report. Feedback from this public session will be used to help develop and craft the public survey instrument. Lee County will be responsible for providing the venue, advertisement, and needed equipment for this event. (Mileage 275) b) Subsequently, NCFCC will assemble and administer an electronic survey for the public to provide input and feedback on their fire protection service delivery system. NCFCC will provide a customized link for Lee presentation to them. format). survey within the final report. sessions, etc. General Public: 16 4 Proposal - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC County and Lee County will be asked to distribute the link through their public information resources. The link would be valid for 3-4 weeks. NCFCC will provide al high-level summary of the responses within the final 4. € GIS/RMS (Geographical Information System and Records Management System) Data Analysis of Demonstrated Performance in Lee County: a) NCFCC will provide a GIS data needs analysis sheet that will allow us to provide needed data and create the necessary layers to conduct analysis. b) Visually establish geographic response areas that reflect a closest station response area from all current ISO/NCOSFM recognized fire stations. c) Identify areas of overlap in coverage utilizing the ISO and NFPA 1720 travel time standard. d) Create ISO/NCOSFM travel distance maps with fire districts and fire stations. e) Toi the extent possible, based upon data available from the County's computer aided dispatch (CAD) system, establish at first unit arrival standard of coverage (SOC) and compare that SOC to the NFPA 1720 standard for first unit arrival with available information. f) Create maps depicting gaps and overlaps between g) Determine the overall system demand coverage percentage and depict those values visually. h) Conduct a workload analysis with data provided by the County to the extent possible for the following components for each individual contracting fire Workload history by year and type trends. Workload by month and type trend analysis. Workload by day/week type trend analysis. Workload by hour and type trends. Response time performance by call type. Response time performance by hour of day compared to workload by hour. Conduct future deployment analysis for provided population projections at 5, 10 and 15 years. Conduct fire service workload projections at 5-, 10- report. 96 existing fire stations. department: and 15-year intervals. 5 Proposal- - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC Conduct an analysis of fire station locations additions, deletions, or relocations based on analysis of population, risk and demand coverage against modeled travel time and analyze any additional units that would Note that based upon initial research, NCFCC would need to extract data from the Central Square One- Solution CAD, by exporting from the training CAD database. This will be a labor-intensive process and require NCFCC to build out a new data model for Lee County. However, the PowerPivot table that is built could continue to be used by Lee County into the future. 5. Fire Department Financial Analysis: a) NCFCC will develop and provide a digital data collection spreadsheet for each contracting fire department in Lee County to complete which will capture fiscal data and capital equipment data. Itwill require attachments of the organization's federal 990 b) This review of available financial records of each contracting fire department will determine the following key elements over the most recent fiscal year period: Current annual capital funding/debt service Current total annual operating costs. Total dollars/percentage designated to personnel be recommended, if needed. form (where applicable). . Outputs: obligations. and benefits. i. Inputs: Municipal funding. Fundraising. ili. Fund Balance: 24 Grants and other identified funding sources. Designated and undesignated amounts. c) NCFCC will also use the Lee County developed form to collect data to determine a staffing analysis, determining staffing by contracting fire departments based in relation to their workload analysis. d) Fire apparatus data will also be collected by this instrument, capturing the age, pump capacity and tank capacity and other data for each fire department as well as other significant capital equipment. 6 Proposal - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC e) This data will be reviewed and discussed during the one-on-one discussions with each fire department to ensure accuracy and resolve any questions that NCFCC may have related to the data. NCFCC can only work with the data that is provided by the Lee County ) For Broadway (the only municipality currently noted in Lee County that is served by a private, non-profit fire department, NCFCC will construct a viable conceptual cost-share city-county model as a North Carolina best practice for a fire department that serves both a municipality and an unincorporated area using the following data points as provided by the County and other credible sources (as available): - Population. ii. Property square footage. ii. 9-1-1 dispatches. iv. Square mileage. V. Property valuation. contracting fire departments. 6. Lee County Fire Service Capital Assets: a) Develop a listing of real property assets owned by contracting fire departments with approximate b) Develop a listing of large fire apparatus owned by contracting fire departments and associated valuation c) Develop a general inventory of high value loose equipment such as radios, self-contained breathing equipment, extrication equipment, etc. d) Construct a projected capital replacement plan for capital assets based upon industry best practice in North Carolina with projections for life expectancy for e) Project capital replacement costs ini the next five (5) fiscal years beginning with FY 23-24 through FY: 28-29. f) Estimate the capital replacement costs for the following five fiscal years based on data submitted (10 years 9) Data used to determine the fire apparatus replacement costs will be through industry best practice. valuation. of each piece of apparatus. 16 both real property and apparatus. total). 7 Proposal - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC 7. Apparatus Mechanical Evaluation and Fire Facility a) Physically conduct in-person, on-site a mechanical evaluation of each large fire apparatus, against the NFPA consensus standard. NCFCC will provide a rating for each apparatus and identify any significant issues that are apparent tot the two (2) mechanical SMES. This data will be reported in both chart and b) To operate as efficiently as possible, Lee County will need to coordinate these visits for NCFCC personnel such that each fire station can be visited in the most efficient manner. NCFCC will also need a digital or written document showing the most recent ISO report c) NCFCC will conduct an ISO comparison against the actual fire apparatus that is inspected against the ISO requirements related to providing the basic fire fiow for the district. The outcome of that comparison will be reported in chart format. If there is a delta between needed in relation to basic fire flow and apparatus that the fire department actually operates, that will be d) During this same on-site, in-person visit, NCFCC will provide a third SME that will review and evaluate the fire station facility from a functional and safety perspective. Key items of attention that are needed for consideration will be captured and reported upon. NCFCC will also provide some baseline facility observations and considerations. (Mileage for 3 SMES per day = 375. 3 workdays are projected. Total mileage = 1,125) 8. Lee County Hydrant Review: Evaluation: written form. for each of the fire districts. 80 reported. a) To the extent that information is available, Utilizing GIS, NCFCC will review area of Lee County covered by hydrants, as defined by ISO, and identify areas of greatest need related to population density. b) NCFCC will review what maintenance procedures are being conducted currently and make recommendations 8 8 Proposal - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC consistent with ISO of changes that would be needed to gain an improved ISO rating. Aid Agreement Review: 9. Lee County Service Contract Review and Automatic a) Review Lee County's current service agreement with provider fire departments and provide observations and recommendations, presenting a best practice service district model contract'agreement between Lee County Government and contracting private non-profit corporation fire departments and/or municipalities for Lee County to consider that is in alignment with other actual experienced models within North Carolina. This document should be customized to meet the specific b) NCFCC will also review current automatic aid agreement(s) and make recommendations for improvement in order to gain the most credit possible 16 needs of Lee County. under the ISO system. 10.North Carolina Service District Analysis: a) NCFCC will conduct an analysis of the current fire district funding system and structure and contrast opportunities with pros and cons to developing a unified county service district (NCGS Chapter 153A) as the primary funding structure for Lee County to use in the future. This analysis will review any municipal area that would need to be considered (Broadway) and provide a summary that outlines the essential elements that the Lee County Board of Commissioners must consider as specifically outlined in North Carolina General Statutes for Lee County to present any potential service district plan along with conversion of any existing service districts or rural fire tax districts (NCGS Chapter 69) to the countywide service district b) Illustrative documents will be provided for Lee County, such as the resolution calling for a service district public hearing, the municipal resolution, the required NCGS plan that must be available to the public prior to the public hearing, the resolution adopting the service district, as well as an essential fiscal year timeline. 16 model. 9 Proposal - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC 11.Lee County Hazard Risk Community Analysis: a) Integral to station location analysis is evaluating the risks within the community. We utilize the community risk reduction modeling that depicts the following Description of Community Served Population history if available At-risk populations Lands Use and growth patterns Target Hazards b) Natural Hazards Flooding, Storms, etc. c) Critical Infrastructure Roads, Communications, Water, etc. d) Community Risk Reduction Prevention and Mitigation Code enforcement, prevention programs 12. Lee County Strategic Plan Formulation: a) With a collective review and analysis of all the data outlined in sections 1-10 of this proposal, NCFCC will construct a strategic plan document of the key elements that Lee County should consider in response to the situation and conditions that NCFCC SMES discover b) This strategic plan document will follow the general format of the Center for Public Safety (CPSE) standard and will demonstrate goals and objectives. Primary goals, supporting objectives, the timeframe for each objective, and critical tasks essential to accomplishing the objective will be outlined in the CPSE format. c) This strategic plan will go through a Chief's roundtable team review process to produce the most comprehensive document possible that will be most usable for Lee County to determine what goals and objectives that are desired to be utilized and what timeline Lee County wants to assign to the identified d) Where needed and appropriate, team observations and recommendations will be made for Lee County to consider within the next 5- and 10-year performance attributes: 8 when conducting the work. 40 critical tasks. period. 10 Proposal - Comprehensive Fire Services Study and Long-Range Plan/ Lee County, NC e) Produce all the above in a bound, hard copy as well as TOTAL Projected Professional Services Hours: (Total projected mileage reimbursement = 2,050) digital format. 400 General Approximate Project Timetable: Month #1 after purchase order is issued: Personally meet with fire chiefs on site and distribute information packets for a 30- Conduct RMS analysis utilizing the CAD system for each department to construct a day return (Component #2). PowerPivot table. (Component #4) Gather GIS data. (Component #4) Outreach to executive and elected officials for input. (Component #1) Months # 2 and 3: Finalize RMS data and transfer that data to GIS for heat map plotting of incidents and Conduct fiscal analysis and capita/apparatus analysis. (Components #5 and 6) Finalize fiscal data and meet with each department individually to fill gaps and needs. Conduct apparatus evaluation and fire facility evaluation. (Component #7) General Public input session and general public survey. (Component #3) Conduct hydrant analysis, community risk analysis and agreement/document review. finalize PowerPivot data. (Component #4) Run GIS data analysis. (Component #4) Months #4 and 5: (Components # 2, 5 and 6) (Components # 8, 9 and 11) Months #6 and #7: Conduct service district analysis and develop the strategic plan documents. (Components #10 and 12) Present findings. (Components #1,2, and 12) Present report document(s). 11 Proposal - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC Company Profile Brief history and organization of the firm: North Carolina Firel Rescue Innovative Solutions, LLC doing business as NC Fire Chief Consulting (NCFCC) has been serving as consultants to North Carolina local governments since January 2017. NCFCC serves as the North Carolina League of NCFCC utilizes highly experienced fire service personnel, most all who have served as chief fire officers of municipal and county fire departments in North Carolina and who are highly respected and regarded as fire service professionals. Each subject matter expert functions for NCFCC as an independent contractor. However, the team is united in all work produced through collective and collaborative means. Currently, NCFCC engages 46 independent contractors who are subject matter Municipalities exclusive fire consulting service provider. specialists who represent all aspects of fire service delivery. Specific staff specialty: NCFCC specializes in fire station location analysis, fire service strategic planning, merger of private non-profit corporation fire departments into municipal fire departments, implementation of service district funding models, human resource enhancements, executive search and selection and all similar and related fire service NCFCC is purposefully and strategically focused on serving local governments in the State of North Carolina, almost exclusively. This is because NCFCC knows the systems, structures, laws, and best practices in North Carolina beyond any other areas of expertise. consulting firm in the United States. Legal entity that will enter into the contract: NC Fire Chief Consulting NC Fire Chief Consulting 3140. Abingdon Place Burlington, North Carolina 27215 Gregory H. Grayson, Chief Officer Gregory H. Grayson, Chief Officer Location of the office where the work will be performed: Name and title of the person that is authorized to enter into a master agreement: Name and title of the person that will serve as Lee County's project team leader: 12 Proposal - Comprehensive Fire Services Study and Long-Range Planl ILee County, NC Personnel Qualifications: Below are the projected assignments and subject matter expert roles for NCFCC personnel for Lee County. Each of the persons below would work a portion of the 400 hours projected for this project. Those hours would vary. NCFCC will provide spreadsheets monthly of which consultant worked specifically on which component and the exact hours performed: NCFIREO CHIEF CONSULTING lee County Comprehensivei Fire! Services Study ProlectCompgnent 1.5 Structuredo Executivea andE Electedo Officials. 2.Structureda Communicationw withl Lee CountyFire Service Stakeholders. 3.Structured Communicationy with iee County Generail Publc 4. GIS/RMS Data Analysis ofc DmomsatedPeriymare inlee County 5.FireD Department FinanclalA Analysls 6.Lee CountyFires Service CapitalA AssetsA Analysis 7. Apparatus Mechanica! 8. Lee CountyHydrant Review 9.Lee Countys Servicec Contractn Review andA Automatic Aid Agreement Review 10. Northc Carolinas ServiceD District Analysis 11. lee Countyk HazardR RiskC Community Analysis 12. lee Countys Strategic PlanFormulation NCECCS Staft maadsmigiatww. Greg Scott cbent Todd Bary Gnysen ProlestedH Hour Buifagten 40 David Tommy Miskan Greests fuevoy Cesteic Duck wimiapten Dons Frank Back Blackley Tunle Hendhen Hutchins Ge Wvwntew withl Lee CountyP Project Team. andF Fire FacilityE Evaluation Gregory H. Grayson, Fire Chief (ret), City of Greensboro, NC Chief Greg Grayson has more than 39 years of progressive experience in the North Carolina fire and rescue service. His experience includes beginning public service as a volunteer firefighter and ascending the career ranks to become the Fire Marshal/Fire Rescue Director for Wake County, North Carolina. In the following seventeen years, he served as thet fire chief for three North Carolina urban cities - Burlington, Asheville, and Greensboro. In these executive leadership capacities, he was responsible for comprehensive fire and rescue operations, prevention programs, training and career development, emergency management functions and specialized regional response teams. In Burlington, he effectively led positive organizational change and implemented an innovative reserve firefighter program. In Asheville, he commanded significant re-engineering throughout the fire department and led Asheville to become an accredited agency. In Greensboro, he led the department to maintaining both accreditation and ISO "Class1" status and navigated the department through difficult fiscal years and challenging large-scale emergencies. In 2015, his long-term, dedicated public service to the people of North Carolina was recognized by the Governor through the prestigious "Order ofthe Long Leaf Pine", the state's highest honor that can be awarded to a citizen. 13 Proposal - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC Upon retiring from local government service, Chief Grayson was appointed by the State Fire Marshal in 2015 to proactively serve as the state's first and only public fire service management consultant, providing high level technical assistance to county and municipal managers - enabling them to better strengthen their jurisdiction's fire protection service delivery systems. He also managed statewide fire service advancement initiatives and led Beyond extensive experience, Chief Grayson holds a Master of Public Administration, bachelor, and associate in fire protection. He holds numerous professional credentials including Chief Fire Officer (CFO), MIFireE from the Institution of Fire Protection Engineers and multiple other fire service certifications, including being North Carolina's first Advanced Firefighter. He is one of very few, if not the only, Fire Chief in the United States to also hold the Senior Professional in Human Resources (SPHR) and SHRM-SCP credentials. He is active ini the North Carolina Association of Fire Chiefs and the IAFC Metropolitan Fire Chiefs organizations and continues to serve as a volunteer firefighter in his home community. Chief Burnette recently retired from Asheville Fire Department after more than 30 years of municipal fire protection experience, the last 14 as Fire Chief. Chief Burnette has also served as Fire Chief of the Mills River Fire Department in Henderson County. Chief Burnette led the. Asheville Fire Department's initial accreditation effort as accreditation manager and continued to achieve accredited agency status for the department multiple times. He led the department through a tragic line-of-duty death in 2010. Chief Burnette implemented many innovative and progressive programs in his tenure in Asheville and led in the development and construction of Fire Station 13, increasing department staffing and Chief Burnette has remained a certified and practicing North Carolina Paramedic and continues to serve with Henderson County EMS as a Paramedic responder. Chief Burnette has earned an associate degree in fire protection from Gaston College, was in the first graduating class of the University of North Carolina at Charlotte Fire Protection Engineering bachelor's degree program, graduating with honors, and reçeived a master's degree in fire serviçe leadership. He has held the Chief Fire Officer Designation since 2008. the Office of State Fire Marshal's Technical Services program. Scott Burnette, Fire Chief (ret), City of Asheville, NC opening a model regional fire training facility. Todd Tuttle, Assistant Chief (ret), Greensboro NC Chief Chief Tuttle is a 33-year fire service veteran who also served as a paramedic. For the last half of his career, he managed the intricate records management systems for the City of Greensboro Fire Department, which is an accredited, ISO Class 1 city. These duties included CAD, mobile data, AVL, FireHouse, GIS technologies, Accreditation, performance management and many other related areas. Chief Tuttle is recognized throughout the state and nation as a technical expert on Firehouse records management systems as well as data analysis. 14 Proposal - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC Robert McNally, Beacon GIS A GIS Analyst/Planner with niche specialty and ground experience for Fire, Rescue, EMS, Public Safety, Emergency Management, and Homeland Security projects, Robert owns Beacon GIS, ai first responder planning services firm. Robert brings 20 years of public safety experience as a responder, manager, and trainer. He has been awarded twice for his service to the community. He graduated magna cum laude with bachelor's degree in public administration, securing an honor scholarship while in the midst of his education. Robert also has a graduate degree in Urban and Regional Planning from the University of North Carolina at Charlotte. Robert McNally has spoken at several conferences on the subject of public safety and homeland security and Beacon GIS has been involved in over 180 projects for emergency services of various sizes across the United States & Canada. Frank Blackley, Assistant Fire Chief (ret), City of Wilmington, NC Chief Frank Blackley recently retired as an Assistant Chief from the Wilmington, NC Fire Department after 35 years of service. He was previously Fire Marshal during which time he served two terms as president of the NC Fire Marshals Association. He was assigned as the Operations Chief for three years prior to his last position over Support Services where he supervised the training, fire and life safety, logistics, fleet maintenance divisions, and managed the department's annual budget. He previously worked for Wrightsville Beach Fire Department and New Hanover County Fire Rescue. In recent years he has taught nationally for Vision 20/20 and is one of their technical advisors for Community Risk Reduction. He is an adjunct instructor for the National Fire Academy and assisted in development of a class on community risk reduction at the station level and. He was heavily involved with the department's accreditation process and understands the need for accurate data. He is a graduate of thel National Fire Academy's Executive Fire Officer's Program and has ar master's in public administration. David Bullins, Fire Chief (ret), Statesville, NC Chief David Bullins has served the NC fire service since 1982. His career started as a volunteer in the rural Piedmont area and ended as a career municipal fire chief in thet foothills of the state. Chief Bullins served the Summerfield Fire Department as a volunteer and was the first paid firefighter on their roster. His career continued with the City of Greensboro Fire Department where he rose through the ranks serving as firefighter, captain, battalion chief, and planning & research officer. Part of his career with Greensboro Fire Department was that of Training Officer. Chief Bullins was appointed to the position of Fire Chief for the City of Statesville in 2007. After retiring in 2014 from the fire service, he continued his training and education goals by serving as the Fire and Emergency Management Department Chair for Guilford Technical Community College. He now serves as the Director of Public Safety for Mitchell Community College in Statesville, N.C. and teaches fire technology and emergency management throughout the state. Chief Bullins has a master's degree from Oklahoma State University in Fire & Emergency Management Administration, a bachelor's degree the University of Cincinnati in Fire & Safety Engineering Technology, and associate of applied science degree from Guilford Technical Community College. He also is a graduate of the 15 Proposal - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC National Fire Academy Executive Fire Officer Program and is designated as a Chief Fire Officer (CFOD) from the Center for Public Safety and Excellence. Wes Hutchins, Fire Chief (ret), Walkertown, NC Chief Hutchins serves as the Executive Director of the North Carolina Association of Fire Chiefs. Previously, he served as the Dean of Emergency Services for Forsyth Technical Community College. He also served for near 44 years as Fire Chief for Walkertown Fire Department, where he now serves as a Town Council Member. He holds a master's in public administration Degree from Grand Canyon University, a bachelor's from Gardner- Webb University and an Associate in Fire Protection from Guilford Technical Community College. Barry Hendren, Assistant Chief (ret), City of Asheville, NC Chief Hendren recently retired from Asheville Fire Department at the Assistant Chief level after more than 33 years of municipal fire protection experience. Chief Hendren was instrumental in developing and leading the department's training programs, accreditation efforts and served in a leadership capacity most of his career in Asheville. Chief Hendren was responsible for all shift operations, strategic planning, fire marshal's office and EMS program in his role. AC Daniels, Program Manager (ret), NC Office of State Fire Chief Daniels was responsible for the OSFM ISO program from initiation through 2016. He isr recognized throughout North Carolina as a subject matter expert on all ISO issues. Work int this sector will also involve current NCOSFM: staff when and where possible through Chief Daniels. Donna Black, Fire Chief, Town of Duck, Chief Black brings a career of experience to the team. She is currently the President of the International Association of Fire Chiefs (IAFC) and will soon transition to past president. She brings experience from leading combination fire departments and extensive knowledge of fire service delivery systems and issues from across the United States. Tommy Millikan, Chief Mechanic (ret.), City of Greensboro, NC Tommy Millikan brings over 40 years of extensive fire apparatus mechanical experience to the team. He served as Greensboro's chief mechanic for more than a decade and is recognized throughout North Carolina as a subject matter expert on all fire apparatus issues and needs. Nick Campasano, Fire Services Director (ret.), Wake County, NC Chief Campasano brings over 40 years experience to the team of fire service leadership, most recently in the director role for Wake County as they have progressed to al best practice fire service delivery model system in North Carolina. 16 Proposal - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC Comparable Projects: NCFCC has conducted many related projects in North Carolina. A list of recently served North Carolina local governments is provided below. NCFCC will gladly provide Lee County with examples of any of the work identified upon request. The work is extensive and will need to be provided through Dropbox. As requested, the last three comparable Yadkin County - 2023 - Countywide fire services analysis and strategic plan recommendations. County Manger Lisa Hughes was our principal contact. Email for Ms. Bertie County - 2023 - Countywide fire services analysis with a focus on creating a countywide service district consistent with NCGS. Emergency Services Director Mitch Cooper was our principal contact. Email for Mr. Cooper is mtch.cooper@ber@bertie.nc.gov Gaston County - 2022 and 2023 - Countywide fire services analysis with a focus on creating a countywide service district consistent with NCGS. Also provided services in review and revision of the emergency operations plan and continuity of operations plan. Our principal contact for the fire portion of the project is no longer with the county. However, Assistant County Manager Vincent Wong was a secondary contact in that work and has been a primary contact in the continuing 2023 work. Email for Mr. Wong We would encourage Lee County to speak with any of our clients about the quality and value of our work as well as our responsiveness. The list of recent North Carolina local governments that we have: served is provided below is sorted by population. We will be glad to provide details about any project on the list or contact information upon request. projects that NCFCC has completed include: Hughes is hughes@yadkincountync.Qov and phone is 336-849-7900. and phone is 252-724-1675. isy vincent.wong@gastongov.com and phone is 704-866-3000. 17 Proposal - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC NCFire Chief Consulting RecentA Assistancet toN North Carolina Local Governments- 2023 NCEounnisrg) SentaiPenan Ponulatign Wake Darell Alford 1150204 Guiliord #mA Albright Cumbeland Gene Booth Buncombe Ryan Cole Cabamus Sterel langer Gston Vincenty Wong 230856 iredal KentG Greene Alamance Sheny) Hock Brunswick Bnany Watts Cleeland Peny Dais Rutherlord Reper Hollihels 64586 Granvile Russ May Yadkin LisaH Hughe Gresne Brock Keamey Bete Mitch Cooper MCMunkinatvl IS) Charlone Knsu Kidden JimR Robinson 298263 Durham Andy Sannipolt 285527 Try Mayo Fayettenlie Mikell Ashedlle Chns Budtinsi 94067 Greanvlle Brock Duvenport 88725 Gastoniz Phil Welch Apex Tim Hermar Chapel KII Chris Blue Burlington Rachek Kelly Kannapolis Trcyv Winecoff Mooresville Curt Dston Wakef forest KipPapt Hickory Matt Hutchinson 43532 Holly Springs lame Joyner Solisbury BobF Pamel Monroe Ron Fowler Gamer Maur Poole New Bem Bobby Boyo Sanford Hall Hegwer Mathews Robk Kinniburgh 29623 Sutesualle Andy Ciayton Leel Barbee Eddie Bowling Sheby Wilian Hunt Waxhaw Grg:s Sharpe Clemmons lany Halloman 21517 Knighidale Loren Cone Lexngton Pai Janet: Hansbur Bryan Dunn Birabeth Cy Chas Carver Mebane Bob Louls Tammy Coie sullings Johnny Blythe Bdmont Todd Davis Hendersonnlle James Miler Eon Landon Massey 1135C Rolesvilie Kaly Amold Morehesd City Courtney Wade Zebulon Chris Pery Kill Devill Troy7 Tilley Mation BobB Boyette Mockovle Frank Carter Credmaer Billy Fisher Weaverville Scottie Randleman Kaet Hertzos Piasboro Daryi Grillin Elkin Brento Comeison 4060 Stanley Hechi ienhins Nags Head Randy Wells Haw Sean Tencer Youngsville lustn Ganey Dobson sels Sediaek Mcleanswile Brandon Cobb Topsal Beach Chisuna Burke 542410 335508 271534 231278 19196B 173877 144215 100359 61986 37192 20417 17505 879709 250320 208778 81161 62911 61125 58818 54446 51594 49657 43524 35760 34888 31935 31346 30678 28244 28306 27203 21947 21673 19576 19516 19463 18703 18408 17273 15481 15136 15099 10047 9688 797e 7777 7652 5908 5017 4631 4631 4592 4004 3182 2263 2119 1390 925 481 18 Proposal - Comprehensive Fire Services Study and Long-Range Planli Lee County, NC Proposed Fee: The project as outlined in the proposed scope of work totals 400 professional services hours. NCFCC serves as the North Carolina League of Municipalities fire consulting provider under contract as a preferred partner. For NCLM, our hourly contract rate is $175 per hour, which provides a $75 per hour discount. We extend our NCLM contract pricing to the NC Association of County Commissioners members. Therefore, our rate For 400 projected hours of professional services, the total cost for Lee County, as Mileage reimbursement for the project is estimated at approximately 2,050 miles. At the current federal rate, the total reimbursement for mileage would be $1,342.75. Hence the maximum professional fee for Lee County for the project as proposed is $70,000 and the maximum mileage reimbursement would be $1,342.75. Two important considerations for Lee County related to pricing are: for Lee County will be $175 per hour. proposed, would be $70,000. 1. NCFCC only invoices for work actually performed. We provide a spreadsheet of actual work hours with each invoice, usually monthly, that outlines the SME and the specific work performed. Often the total projected work hours (400 for Lee County) are not needed for the project and the cost to Lee County could be less. However, cost would not exceed the maximum total provided above for 2. NCFCC is open to modifying the scope of work as outlined above. Should Lee County want to make amendments tot the scope of work in order to meet budget constraints, we will gladly alter the proposed scope of work to meet the necessary needs. We have presented components in a modular manner and specified the projected professional services hours to more easily allow Lee County to make adjustments in the best interest of their residents/taxpayers. the provided scope of work. We will honor the same discounted hourly rate for any additional work that Lee County should request from NCFCC through the end of FY23-24. All change orders will need to be provided by Lee County in writing for concurrence. 19 Proposal- - Comprehensive Fire Services Study and Long-Range Plan/Lee County, NC Additional Information: NCFCC will be glad to meet and discuss our work with Lee County as requested. Thank you for your consideration. Our certificate of insurance naming Lee County is included below. CORD CERTIFICATE OF LIABILITYI INSURANCE 33 OLPCR han Signature: Respectfully Submitted, North Carolina Fire Rescue Innovative Solutions, LLC dba NC Fire Chief Consulting By Gregory H. Grayson, Chief Officer: chaht Email: Phone: Web. Address: GGrayson@NCFreCher.com 336-266-7998 www.NCFrechetcom 20 Proposal - Comprehensive Fire Services Study and Long-Range Pian! Lee County, NC cO RESOLUTION OF THE LEE COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF THE CONSOLIDATION OF EASTPOINTE HUMAN SERVICES AND SANDHILLS CENTER WHEREAS, Lee County, North Carolina ("County") and Sandhills Center have a long-standing and WHEREAS, Sandhills Center has invested the time and resources to build a presence in the County and WHEREAS, the representatives oft the County Board of Commissioners who serve on the Sandhills Center Board of Directors voted to support the Agreement and Plan of Consolidation ("Consolidation Agreement") mutually beneficial relationship; and ensure that our most vulnerable citizens have. access to the quality behavioral health services; and between Eastpointe Human Services ("Eastpointe") and Sandhills Center; and WHEREAS, the Consolidation Agreement contemplates that respective programs of Eastpointe and Sandhills Center will be consolidated into a single, comprehensive program to oversee, coordinate, and monitor mental health, intellectual developmental disabilities, and substance use disorder serviçes in the 21 county combined catchment area (the "Consolidation") and that Eastpointe will manage and operate the consolidated program upon approval ofthe! Secretary oft thel NC Department ofHealth and Human Services; and WHEREAS, the County Board of Commissioners finds that the Consolidation is in the best interests of Eastpointe, Sandhills Center, the County, the State of North Carolina and the individuals served by Eastpointe and Sandhills; and NOW, THEREFORE, BE IT RESOLVED that the Lee County Board of Commissioners hereby adopts this Resolution in Support oft the consolidation of Eastpointe and Sandhills Center in accordance with N.C.G.S. $ 122C et seq.; and FURTHER RESOLVED that the Lee County Board of Commissioners hereby respectfully request that the Secretary of the North Carolina Department of Health and Human Services approve the consolidation of Eastpointe and Sandhills Center without delay; and FURTHER RESOLVED that any resolutions inconsistent with the foregoing or with any action ofany officer pursuant to the foregoing arel hereby modified or rescinded sO as to be consistent herewith and therewith. Presented this 16th day of October, 2023. EECOINV E Kifk D. Smith, Chair Lee County Board of Commissioners MDonita ATTEST: AgE tvilw all Hailey Hall, Clertoti the Board ARO Hailey Hall, Clerk to the Lee County Board of Commissioners, DO HEREBY CERTIFY that the foregoing is a true and complete copy oft the resolutions adopted by the Lee County Board of Commissioners at a regular meeting duly called, and that the proceedings of such meeting are recorded in thei minute books oft the Lee County Board of Commissioners. rilwy fall Clerk COUNT BE C RESOLUTION SUPPORTING OPERATION GREEN LIGHT FOR ACTIVE MILITARY SERVICE WHEREAS, the citizens of Lee County have great respect, admiration, and the utmost gratitude for all of the men and women who have selflessly served their country and this county in the Armed Forces; and WHEREAS, the contribution and sacrifices of the men and women that served in the Armed Forces have been WHEREAS, Lee County seeks to honor these individuals who have paid the high price for freedom by placing MEMBERS IN TRANSITION TO CIVILIAN LIFE (VETERAN STATUS) vital in maintaining the freedoms and way of life enjoyed by our citizens; and themselves in harm's way for the good of all; and WHEREAS, Lee County's Veteran Population today totals 4,352; and WHEREAS, Veterans continue to serve this county ini the Lee County Veterans Council, American Legion, Veterans of Foreign Wars, Disabled American Veterans, Marine Corps League, schools, church groups, civil service; and WHEREAS, three Veterans serve on the Lee County Board of Commissioners; and WHEREAS, A veteran serves on the Lee County Board of Education; and WHEREAS, Lee County is the home of the North Carolina Veterans Memorial and the newly dedicated North WHEREAS, Lee County appreciates all the sacrifices made by our United States Military Personnel, while defending freedom and we believe affording specific recognition to them in demonstrating appreciation of their THEREFORE BE IT RESOLVED, That Lee County hereby declares from November 61 through November 12, 2023, designating as "Green Light for Military Service" a time to salute and honor the service and sacrifice of BE IT FURTHER RESOLVED, That in observance of "Operation Green Light," the Lee County Board of Commissioners encourage its citizens in a patriotic tradition, to recognize the importance of honoring all those whose immeasurable sacrifices help preserve our Freedoms by displaying a green light in their place of Carolina Disabled Veterans Monument; and service, to honor and support; our personnel in uniform transitioning from Active Service; and business or residence from November 6 through November 12, 2023. Presented this 16hday of October, 2023. COUNT BE Lee County Board of Commissioners HDbate ATTEST: smlm flL Hailey Hall, Cler! to the Board A INTEGRATED MOBILITY DIVISION UNFIED GRANT APPLICATION FY 2025 LOCAL SHARE CERTIFICATION FOR FUNDING County of Lee (Legal Name of Applicant) Requested Funding Amounts Project 5311 Administrative 5311 Operating (No State Match) 5310 Operating (No State Match) Combined Capital Mobility Management 5310 Capital Purchase of Service ConCPT Capital Cost of Contracting Traveler's Aid Total Amount $ 250,742 $ $ $522,692 $: 137,912 $ $ $ $ $ $ $ Local Share** $37,612 (15%) $. (50%) $ (50%) $ 52,270 (10%) $13,792 (10%) $ (10%) $ (50%) $ %) $ (50%) $ (%) $ (%) $ (%) Funding programs covered are 5311, 5310, 5339 Bus and Bus Facilities, 5307 (Small fixed route, regional, and consolidated urban-rural systems) TOTAL $911,346 Total Funding Requests $103,674 Total Local Share **NOTE: Applicants should be prepared for the entire Local Share amount in the event State funding is not available. The Local Share is available from the following sources: Source of Funds Lee County Lee County Lee County Apply to Grant Administrative 5311 Combined Capital Mobility Management Amount $37,612 $52,270 $13,792 $. $ $. FY: 2025LOCAL SHARE CERTIFICATION FORI FUNDING Page 1of2 Last Updated: 04/03/2023 INTEGRATED MOBILITY DIVISION UNFED GRANT APPUICATION $ $ $103,674 TOTAL ** Fare box revenue is not an applicable source for local share funding 1,the undersigned representing County of Lee do hereby certify to the North Carolina Department of Transportation, that the required local funds for the FY2025 Community Transportation Program and 5307 Governors Apportionment will be available as of, July1 1, 2024, which has a period of performance of. July 1, 2024- - June 30, 2025. fignature Lhu Kirk D. Smith - Chair Lee County Board of Commissioners Type Name and Title of Authorized Official ID-lL-13 Date FY: 2025LOCAL SHARE CERTIFICATION FOR FUNDING Page 2of2 Last Updated: 04/03/2023 INTEGRATED MOBILITY DIVISION UNIFIED GRANT APPLICATION PUBLIC HEARING RECORD Important - A public hearing MUST be conducted whether or not requested by the Public. Section 5311 (including ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof. APPLICANT: County of Lee DATE: PLACE: TIME: October 16, 2023 Dennis A. Wicker Civic Center 6:00 pm How many BOARD MEMBERS attended the public hearing? How many members of the PUBLIC attended the public hearing? 36 Z Public Attendance Surveys (Attached) < (Offered at Public Hearing but none completed) I,t the undersigned, representing (Legal Name of Applicant) County of Lee do hereby certify to the North Carolina Department of Transportation, that a Public Hearing was held as indicated above and During the Public Hearing (NO public comments) (Public Comments were made and meeting minutes will be submitted after board approval) The estimated date for board approval of meeting minutes is: November 6, 2023 Affix. Seal. Here COUNTT EST B Signature or Clerkt 4L Hall = Clerk to the Board Hailey Printed Name and Title D-II-423 Date Board FY2 2025 PUBLIC HEARING RECORD Last Updated: 04/03/2023 County Manager's Report - October 16, 2023 Ongoing Projects Moore Training Facility - A public hearing was held Thursday September 14, 2023, at the McSwain Extension Education and Agriculture Center Auditorium, located at 2420 Tramway Road, Sanford, North Carolina. No comments were received thatrequired a change oft the permit; therefore, the permit is effective on September: 20, 2023. Terraquest Environmental has installed the skimmer system and is continuing hazardous waste mitigation as was previously approved by the Board of Commissioners. Terraquest Environmental will continue to monitor the skimmers Multi-Sports Complex - McAdams has officially sent notice of award to Sanford Contractors on 10/5/23 after the Board's approval of the bid on 9/18/23. Contract documents have been provided to Sanford Contractors for review and approvalsignatures. DOT has approved control access tot the property at no charge to Lee County. NCDOT is now working to provide Developers' Agreement costs for the turn lane and signal improvements related to this project that will impact Broadway Road. Next steps are finalizing contract documents with Sanford Contractors and issuance of the notice to proceed. Details regarding the groundbreaking ceremony will be Horton Pool - The pool officially closed fori the season on September 17, 2023, after the Grand Opening on September 8, 2023. Lee County is working to resolve final payment with Southeast and report on progress of the mitigation. provided as soon as they become available. Aquatics. Phasel&IIP Parks Projects - Kiwanis Children's Park and Temple Park- Temple: Playground equipment assembyconstruction continues with Churchich. The progress was delayed by weather (Hurricane Idalia and a delay in turf delivery for the playground). The shelter has been installed onsite fori the restrooms & picnic tables. Lee County is working to finalize the bathroom layout/design with Churchich and will start working with contractors to support the utility connections for water, sewer, and power. Kiwanis Children's Park: Bid documents have been prepared by WithersRavenel and reviewed by Lee County. Staff is planning to bid both Kiwanis Children's Park and OT Sloan in December of 2023. LCG needs to align with WithersRavenel on timing for the Library Building Project - The Design Development (DD) Phase is completed and the Board approved Option A for the building's exterior color scheme on September 18, 2023. The project is now moving into Construction Documents (CD) Phase. Lee County is working with Vines Architecture to value engineer designs to ensure the design falls under the targeted cost of construction budget. Vines Architecture plans to submit plans through the Sanford Technical Review Committee during the November meeting. The utility easement from an adjacent property owner (Llamas Properties) for outside sewer connection has been secured. Lee County continues tov work with Jeremy Thomas Engineering to finalize design for outside sewer connection to the Historic Courthouse = Hobbs Architects has received feedback from NCSHPO (North Carolina State Historic Preservation Office) on the Schematic Design drawings set and is working to address comments. The Schematic Design drawing set has a proposed design for the roof repair and replacement. Design work continues with Hobbs Architects as they begin work on Design Development drawings set. The August 2024 grant funding deadline has been confirmed by bid and updated cost estimations for playground equipment. new Library construction site. Central Pines (formerly TJCOG), the grant administrator. This deadline is set by North Carolina State Historic Preservation Office (SHPO). Lee County received an updated schedule from Hobbs and still shows path to August 2024 project completion, but all buffers have been removed from the schedule. Lee County will continue working with Hobbs to ensure project completion by Lee County Jail Feasibility Study - Moseley Architects was approved for the jail feasibility study by the Board of Commissioners on September 18, 2023. Lee County is currently working to Comprehensive Fire Services Study and Long-Range Plan - A request for proposals (RFP) was issued on August 9, 2023. The RFP closed on September 8, 2023. We received 3 proposals (NC Fire Chief Consulting, Matrix Consulting Group, and MissionCIT.) The project team met and reviewed the proposals on September 20, 2023. The team then met virtually with NC Fire Chiefs on October 31 to ask questions that were brought up during the review process. The project team unanimously chose NCI Fire Chief's as the recommended firm to complete the study. The contract and proposal submitted by the recommended firm has been included in the October 16, 2023 Jail Lock Upgrade - New jail locks have been delivered and are scheduled to be installed this month. Lee County Sheriffs Office will coordinate inmate transfer to allow new locks to be Health and' Wellbeing intiative-Aninomaton session on the County'snew program was held on Friday, October 6, 2023, at the Buggy Building. There were 16 different organizations in attendance. The application period for organizations to participate closes November 6, 2023. A list of organizations to be considered for participation in the program will be provided for the the August 2024 deadline. finalize the contract with Moseley for the Jail Feasibility Study. agenda for the Board's approval. installed. Board's consideration on November 20, 2023. Reports Building Inspections -A Attached are the monthly inspection reports for September 2023. Library Board of Trustees - Lee County Library Board of Trustees August meeting minutes, bylaw updates, and strategic plan are attached. TRC- - The TRC Agenda for October is attached. Tax-N Monthly Forced Collection Efforts Report for September 2023 Upcoming Meetings/Events: Veteran's Day Dinner-November 1, 2023-5:00 pm - Enrichment Center Board of Commissioners Regular Meeting - November 6, 2023 -6 6p.m.- - McSwain Center Board of Commissioners Regular Meeting - November 20, 2023-6p p.m. - Civic Center County Offices Closed - Thanksgiving Holiday = November 26 &27,2023 County Offices Closed - Veterans Day- - November 10, 2023 Board of Commissioners Regular Meeting - December 4, 2023-6 6 p.m. - McSwain Center Board of Commissioners Retreat - December 14, 2023 - 5:30 p.m. - Civic Center Conference Board of Commissioners Retreat - December 15, 2023 - 8:30 a.m, = Civic Center Room 103 County Offices Closed - Christmas Holiday - December 25, 26, and 27, 2023 County Offices Closed - New Year's Holiday - January 1, 2024 Area NORTHCAROLNA, LEECOUNTY Presented for registration ont this. 14".day o_Nov AD-ADADPM recorded In Book Bo Page42le Pamela G. Brilt, Register oft Deeds