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9. MACON COUNTY BOARD OF COMMISSIONERS February 11, 2020 AGENDA Call to order and welcome by Chairman Tate Announcements Moment of Silence Pledge of Allegiance Public Hearing(s) Public Comment Period Additions to agenda Adjustments to and approval of the agenda Reports/Presentations 10.0ld Business A. Resolution exempting engineering services for Greenway Connection Project- Derek Roland, County Manager B. Resolution exempting surveying services for Greenway Connection Project- Derek Roland, County Manager 11.New Business A. Lease extension for USDA Service Center located at 189 ‘Thomas Heights Road, Franklin NC, 28734- Derek Roland, County Manager B. Consideration of Architectural Services Contract for Macon Middle School Renovation Project- SGA Narmour Wright C. Resolution exempting surveying services for Macon Middle School Renovation Project - Derek Roland County Manager D. Consideration of Agreement with “No Wrong Door” for inmate services in Macon County Jail- Sheila Jenkins, No Wrong Door 12.Consent Agenda ~ Attachment All items below are considered routine and will be enacted by one motion. No separate discussion will be held except on request of a member of the Board of Commissioners. A, Minutes from January 14, 2020 B, Budget Amendments #164-165 . Order Macon County Tax Office to collect unpaid taxes for current fiscal year per NCGS 105-369 D, Tax Releases for January in the amount of $197.80 E. Tax Office Monthly Report 13.Appointments A. Nantahala Fire Department Relief Fund Trustees 14.Closed session (if necessary) 15. Adjourn/Recess MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM MEETING DATE: February 11, 2020 DEPARTMENT/AGENCY: Legal SUBJECT MATTER: Greenway Connection Project COMMENTS/RECOMMENDATION: Following approval of the locally administered project agreement on January 14, 2020, Macon County will now begin the design phase of the Greenway Connection project. Attached for your consideration is a resolution exempting engineering services ftom the provisions of Article 3D Chapter 143 of the North Carolina General Statutes Attachments___-X_Yes No Agenda Item 104. RESOLUTION EXEMPTING ENGINEERING SERVICES PROJECT FOR CONSTRUCTION OF PATHWAY CONNECTING SIDEWALK ON EXISTING BRIGE NO. 22 TO THE GREENWAY BELOW IT IN FRANKLIN, NORTH CAROLINA, FROM THE PROVISIONS OF ARTICLE 3D OF CHAPTER 143 OF THE NORTH CAROLINA GENERAL STATUTES WHEREAS, Article 3D of Chapter 143 of the North Carolina General Statutes establishes a general public policy regarding procurement of engineering services; and WHEREAS, North Carolina General Statutes Section 143-64.32 provides: “Units of local government or the North Carolina Department of Transportation may in writing exempt particular projects from the provisions ofthis Article in the ease of proposed projects where an estimated professional fee is in an amount less than fifty thousand dollars ($50,000)"; and WHEREAS, Macon County is now in need of engineering services for the proposed “Construction of Pathway Connecting Sidewalk on Existing Bridge No, 22 to the Greenway Below it in Franklin, NC" in connection with the work contemplated for such Construction of Pathway Connecting Sidewalk to Greenway by Macon County; and WHEREAS, the estimated professional fee for the proposed "Construction of Pathway Connecting Sidewalk on Existing Bridge No. 22 to the Greenway Below it in Franklin, NC" in connection with the work contemplated for such Consiruction of Pathway Connecting Sidewalk to Greenway by Macon County is im an amount less than fifty thousand ($50,000) dollars. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF MACON that the proposed engineering services project for the "Construction of Pathway Connecting Sidewalk on Existing Bridge No. 22 to the Greenway Below it in Franklin, NC* in connection with the work contemplated for such Construction of Pathway Comnecting Sidewalk to Greenway by Macon County is hereby exempted in ‘writing from the provisions of Article 3D of Chapter 143 of North Carolina General Statutes pursuant to the provisions of N.C. Gen, Stat. §143-64.31. Adopted this 11" day of February, 2020. James Tate, Chainnan Macon County Board of Commissioners ATTEST: Glerkto the Board (SEAL) Covi Engineering Technologiey Municipal @ Industrial ¢ Commercial # Residential www.CETECHENGINEERING.COM CONSULTING ENGINEERING: 125 Highlands Road Franklin, North Carolina 28734 Tel. (828) 524.9185 Fax (828) 349-9535, February 4, 2020 Mr. Derek C. Roland, County Manager Macon County 5 West Main Street Franklin, North Carolina 28734 RE: Agreement for Professional Engineering Services ‘Macon County Greenway at Frogs Bldg; Little Tennessee River Macon County, North Carolina Dear Mr. Roland: ‘The following summarizes the services to be provided and interest to be assumed by CEtech Associates, P.A. for the development of the subject parcel: PROJECT UNDERSTANDING ‘The site is currently traversed by the Little Tennessee River where a paved portion of the existing Greenway path terminates. The purpose of this project will be to extend the Greenway travelway undemeath the existing bridge to provide appropriate pedestrian and bicycle headroom below the bridge structure. Funding will be in part by NCDOT, along with County participation, SCOPE OF WORK I-Site Development Plans A conceptual site plan will be prepared and submitted to Macon County for review. The site plan will be reviewed for conformance with regulatory agency requirements, setbacks, municipal ordinances and rules, and existing land features including topography, buried utility locations, existing roadways and access, soil types, waterways, vegetative cover, and other pertinent physical features. Based on the conceptual site plan, the Engineer will develop construction drawings for regulatory permitting and sitework construction. ‘The sitework plans will include a site plan, and paving, grading, and drainage plan, for bidding. Mr. Roland February 4, 2020 Page 2 TL- Construetion Phase ‘The Construction Phase will begin with the notification of award of contract by the Owner. Services will be provided as requested by the Owner. OWNER RESPONSIBILITIES Specifically, but not limited to, the following will be provided by the Owner as may be required: Survey data as required for design, including topography (contours on 2-foot intervals and spot elevations), boundaries and lots, easements, right- roads utilities and other features necessary for preparation of the plans, This will be in digital format (AutoCad). Note: Construction staking will be by the contractor. Submital Fees (if required) Soils Investigations and Construction Testing (if required) Legal and Administrative Fees (if required) Costs for reproducibles (ie. blueprints, copies, mail, etc.) Ifrequited, outside services, including surveyor, geotechnical consultant, and archaeological consultant will be provided by the Owner, and are not included in lump sum fees or estimates. Unless otherwise indicated, this proposal/contract does not include permit application filing fees, reproduction costs, survey services, geotechnical services, aerial photography services, costs incurred as a result of manipulation or encroachment of easements, alleys or right-of-ways, off- site improvements, costs incurred as a result of non-compliance, costs required as a result of environmental impacts, environmental studies or biological determinations not specifically identified herein, costs required for traffic studies or transportation engineering or any costs relating to the design or construction of the buildings, or other structures not specifically indicated in this proposal. Hourly work noted herein and additional work, only as authorized by the Owner, will be provided in accordance with the fee and expense schedule attached. Costs for reproducibles will also be invoiced as per the same schedule. PAYMENT FOR SERVICES CEtech Associates, PA will be compensated in accordance with the following schedule. The Owner will be invoiced for the services provided on the following pay item schedules: I: Site Plans Paving, Grading, Drainage Plans $4,500 Uz Construction Phase This will be invoiced hourly based on schedule herein. Owner approval will be required prior to ing any services, Mr. Roland February 4, 2020 Page 3 Hourly work described herein will be provided in accordance with the fee schedule stated below: CEtech Associates, P.A. FEE SCHEDULE Hourly Fees Registered Professional Engineer (Engineer of Record) $125.00 Engineering Designer $75.00 Engineering Technician $75.00 Engineering Designer $65.00 Resident Project Representative $65.00 Clerical $35.00 Reimbursable Expenses Blueprints (24"x36") $2.50 each Reports (GBC Bound) $50.00 each Vellums (24°x36") $15.00 each Mylars (24°x36") $25.00 each Overnight Mail cost + 15% Misc. Costs, copies cost + 15% Overnight Mail cost + 15% Mileage $0.48/mile from Franklin, NC office for trips outside Macon County INVOICES: Progress invoices will be submitted to the client monthly and a final bill will be submitted upon completion of the services. Each invoice is due on presentation and is past due thirty (30) days from invoice date, LIMITATION OF LIABILITY: The client agrees not to personally charge any employee of CEtech Associates, PA with any liability arising out of the performance of this Agreement. CONTRACT ASSIGNMENT: This Proposal/Contract is for the exclusive use of the client and is not assignable to or assumable by any third party without prior written consent of this firm. This Proposal is valid for ten (10) days of the date noted herein. CONTRACT AMOUNT: Execution of this Contract by the Owner authorizes Etech Associates, P.A. to proceed with the services as outlined herein for with the associated fees and invoice schedules, CEtech Associates, P.A. of its officers reserve the right to suspend or terminate work under this agreement upon failure of the client to pay invoices as due. ‘Macon County may terminate this agreement upon written notification to CEtech Associates, PA; CEtech Associates, PA shall be compensated for work based on percentage of completion for work performed prior to the termination. Please sign and date below and return a copy to us as our authorization to proceed, This Agreement for Professional Services authorizes CEtech Associates, P.A. to commence on work for the fees outlined herein. Owner authorization will be required for additional services Mr. Roland February 4, 2020 Page 4 not included, only if required. Hourly Services during construction will be per the attached schedule, as authorized and as required. ee This Proposal Accepted: Larry A. Lackey, Jr., PE. ‘Owner Date President, CEtech Associates, PA Title: MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM MEETING DATE: February 11, 2020 DEPARTMENT/AGENCY: Legal SUBJECT MATTER: Greenway Connection Project COMMENTS/RECOMMENDATION: Following approval of the locally administered project agreement on January 14, 2020, Macon County will now begin the design phase of the Greenway Connection project. Attached for your consideration is a resolution exempting surveying services from the provisions of Article 3D Chapter 143 of the North Carolina General Statutes Attachments___X Yes _ Agenda Item 10B RESOLUTION EXEMPTING SURVEYING SERVICES PROJECT FOR CONSTRUCTION OF PATHWAY CONNECTING SIDEWALK ON EXISTING BRIGE NO. 22 TO THE GREENWAY BELOW IT IN FRANKLIN, NORTH CAROLINA, FROM THE PROVISIONS OF ARTICLE 3D OF CHAPTER 143 OF THE NORTH CAROLINA GENERAL STATUTES WHEREAS, Article 3D of Chapter 143 of the North Carolina General Statutes establishes. general public policy regarding procurement of surveying services; and WHEREAS, North Carolina General Statutes Section 143-64.32 provides: "Units of local government or the North Carolina Department of Transportation may in writing exempt particular projects from the provisions of this Article in the case of proposed projects where an estimated professional fee is in an amount less than fifty thousand dollars (850,000)"; and WHEREAS, Macon County is now in need of surveying services for the proposed "Construction of Pathway Connecting Sidewalk on Existing Bridge No. 22 to the Greenway Below it in Franklin, NC" in connection with the work contemplated for such Construction of Pathway Connecting Sidewalk to Greenway by Macon County; and WITEREAS, the estimated professional fee for the proposed "Construction of Pathway Connecting Sidewalk on Existing Bridge No. 22 to the Greenway Below it in Franklin, NC" in connection with the work contemplated for such Construction of Pathway Connecting Sidewalk to Greenway by Macon County is in an amount less than fifty thousand ($50,000) dollars. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF MACON that the proposed surveying services project for the "Construction of Pathway Connecting Sidewalk on Existing Bridge No. 22 to the Greenway Below it in Franklin, NC” in connection with the work contemplated for such Construction of Pathway Connecting Sidewalk to Greenway by Macon County is hereby exempted in ‘writing from the provisions of Article 3D of Chapter 143 of North Carolina General Statutes Pursuant to the provisions of N.C, Gen, Stat. §143-64.31 Adopted this 11 day of February, 2020, James Tate, Chairman Macon County Board of Commissioners ATTEST: Glurkto the Board (SEAL) SPRINKLE SURVEYING, P.A. 464 WEST PALMER STREET FRANKLIN NC 28734 PHONE (828) 524-5867 FAX (828) 524-7994 www.sprinklesurveying.com GL. Sprinkle Professional Land Surveyor PROPOSAL TO: Jack Morgan Date: 1/30/2020 Macon County Job Name/Location: Proposed topographic survey for Greenway connection passing under 23/441 Business bridge. We hereby submit specifications and estimates for. Topographic survey with two (2) contours We propose hereby to furnish material and labor complete in accordance with the above specifications for the sum of: $2,500.00 (Twenty-Five Hundred dollars and 00 cents.) Payment to be made as follows: Lump sum upon delivery of plats. Authorized Signature: . Sprinkle, PLS- 1454 ACCEPTANCE OF PROPOSAL. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified, Payment will be made as outlined above. Date of Acceptance Authorized Signature MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM MEETING DATE: February 11, 2020 DEPARTMENT/AGENCY: Administration SUBJECT MATTER: USDA lease extension COMMENTS/RECOMMENDATION: USDA is requesting a lease extension from April 1, 2020- March 31, 2023 for the space they currently occupy, located at 189 Thomas Heights Road Franklin NC, 28734, A copy of the proposed lease extension is attached for your consideration. Also attached, please find a copy of the current lease extension, which was approved in April of 2017 and will be expiring on March 31, 2020. Attachments___X__Yes No Agenda Item L1A GENERAL SERVICES ADMINISTRATION PUBLIC BUILDINGS SERVICE LEASE AMENDMENT TEASE AMENDMENT No. 7 TOLEASE NO, USDA Macon County Service Center DDRESS OF PREMISES jacon County Service Center Franklin, NC 28734 PON Number. NIA ‘THIS AMENDMENT is made and entered into between The County of Macon whose address is: ‘5 West Main Street, Franklin, NC 28734 hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government WHEREAS, the parties hereto desire to amend the above Lease to extend lease term. NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenant and agree that the said Lease is amended, effective upon execution by the Government as follows: 1. Effective upon execution by the Government, the lease period of the above described premises will be extended from ‘April 1%, 2020 through March 31%, 2023. 2. Effective April 1*, 2020, the Government will pay the Lessor annual rent of $9,820.00 payable at the rate of $826.66* per ‘month (representing $8.00 per square foot for 1,984 net usable square feel) in arrears. (*Reles may be rounded.) 3. The Lessor must have an activelupdated registration in the System for Award Management (SAM) System (httos Aww. sam.gov) upon receipt of this lease Amendment. The Government will not process rent payments fo Lessors without an active/updated SAM Registration This Lease Amendment contains 1 pages. All other terms and conditions of the lease shall remain in force and effect, INWITNESS WHEREOF, the parties subscribed their names as of the below date, FOR THE LESSOR: FOR THE GOVERNMENT: Signature: Signature: Name: Name: Title Title [ease Contracting Of ‘DA Entity Name: Date: Date: WITNESSED FOR THE LESSOR BY: Signature: Name Tite Date: ‘Lease Amendment Form 12112 DEPARTMENT OF AGRICULTURE [LexSE AMENOMENT NO. 08 FARM SERVICE AGENCY “Ask AMEN TEASE AMENERIEA USDA Macon County Service Center "ADDRESS OF PREMISES PONNanber NA ‘Macon County Service Center 189 Thomas Height Road Franklin, North Caroling 28736 THIS AGREEMENT, made and entered into this date by and between The Gounty of Macon whose address is: 6 West Main Street, Franklin, NC 28734 hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter cated the Government WHEREAS, the parties hereto desire to amend the above Lease, NOW THEREFORE, these parties forthe considerations hereinafter mentioned covenant and agree that the said Lease is amendeé, effective upon execution by the Government 35 follows; ‘This Lease Agracment is issued to extend the lease term beginning April 1, 2017 through March 31, 2020, 2. Effective April 1, 2017, the Governmont will pay the lessor annual rent of $9,920.00 payable at the rate of {$826.66 per month, representing $6.00 per square feet at 1,984 usable square foot In arrears. 3. Pursuant to the Lease Agreement, the tenant reserves the right fo terminate this lease or decrease the ‘amount of space at any time by giving at least 120 days notice in writing to the Lessor. | 4. The Lessor must have an active/updated registration in the System for Award Management (SAM) swum.SAM.gov, upon receipt of this Lease Amendment. Registration must remain “Active” throughout the lease ‘term and renewed annually. The Government will not process rent payments to Lessors without an ‘activelupdated SAM registration. ‘This Lease Aniendment contains (1 } page. {All other terms and concitions ofthe lease shall omain in force and effect. IN WITNESS WHEREOF, the parties subscribed their namas as of the below date. FOR THE LESSOR: 7 ROR Wecoyennnen: Z : Signatur: Mee Signet: Names Benes G Qounds Mee Warranted Lease Contracting Officer The: Couey aration. ‘Yoted States Deparment of Agriculture Entity Name: Pater tase. pa = OA - A-307 | } Date: 5 iol WITNESSED FOR THE LESSOR 2. | sonatwe: _ nee Qredkee Name: _MiKe Deelter Tite: Q Cate to the 8 | Date: oS. Sen2 t ‘aso Arnanment Form 12/12 — MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM MEETING DATE: February 11, 2020 DEPARTMENT/AGENCY: Administration/School Board Liaisons SUBJECT MATTER: Macon Middle School Renovation Project COMMENTS/RECOMMENDATION: Representatives from SGA Narmour Wright will be present to discuss the proposed contract for architectural services at the Macon Middle School renovation project. Attached please find the proposed contract between SGA Narmour Wright and Macon County. Attachments __X__ Yes Agenda Item 11B DRAFT ara’ Document B101" - 2017 Standard Form of Agreement Between Owner and Architect AGREEMENT made as ofthe 1698 day of (n-words, indicate day, month and year.) in the year 300 BETWEEN the Architect's client identified as the Owner: (ame, legal status, adress and other information) Denerross: of this document ded for ite completion. author may alse have sted. she taxt of the pajginal AIA standazd form ‘Aguitions and Deletions Sprodecion a0 well as and the Architect: ridfons to che standara Keexe Se available trom ‘and should be ‘hie docuent has dnpertent esteaagaefee wach on toy oy ‘in encouraged with for the following Project (Name, location and detailed description) ‘The Owner and Architect agree as follows, nuncraomre coprmc of any postion of tala AIRY Dociment Ee anosher electronic file 19 pronibices ana congestuees 3 Siolation of copyzight Laws fis set forch in the footer of this cocsnent- Bees Sv Le ee RB TABLE OF ARTICLES 1. INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLENENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COSTOF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS. 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 4) 43 SCOPE OF THE AGREEMENT J ZI nile doc ia | § 44 This Agreement is based on the Initial Information set forth in this Section 1.1. NS (or each item in ths section dnsert the information or a statement suchas “not applicable” or Mydegown at me of execution." § 1.4.1 The Owner's program for the Project: / se tr PE yb rer ranted Ln which the program will be developed.) ay Ui § 1.4.2 The Projects physical charactoristis: (identify or describe pertinent information about the Project's physical characteristics, such as size; location; dloensions; geotechnical reports; site Boundaries; topographic surveys: trafic and ly stags "ayalablity of public and pote lites and ela eg § 1.4.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Proitl ond een reac) c ‘SI.684, Sik Ht 1 Design phase milestone dates, if any. aE R026 Construction commencement date: ean 3 Substantial Completion date or dates: | Siminer 202 4 Other milestone dates: Na § 14.5 The Owner intends the following procurement and delivery method for the Project: (dentify method such as competitive bid or negotiated contract, as well as any requirement track deg andconsracton, lp id patos § 1.1 The Owner’s anticipated Sustainable Objective for the Project: (dentify and deseribe the Owner's Sustainable Objective for the Project, ifany,) Rae DR AD a egereee aeons ieee ae rer AIA Document E204™%-2017, Sustainable Projects Exhibit, into this Agrooment to define 1, conditions and Services related io the Ovmer's Sustainable Objective. 1FE204-2017 i meonport int is otecgent the Ove ‘and Architect shall incorporate the completed E2042017 into the agreements with the consultants git contractors performing services or Work in any way associated with the Sustainable Objective N § 137M ome die fling patie cin (List name, address, and other contact information.) f § 1.18 The persons or entities, in addition to the Owner's representative, who are required 1o review the Architect's Submittals tothe Owner are as follows (List name, address, and other contact information.) § 14.9 The Owner shall retain the following consultants and contractors: (ist name, legal status, address, and other contact information.) A Surveyor: NIA. BOther, if any (List any other consultants and contractors retained by the Owner.) NA | § 14.40 The Architect identifies the following representative in accordance with Section 23 (List name, address, and otker contact information.) : § 1.441 The Architect shall retain the consultants identified in Seetions 1.1.11.1 and L113 (List name, fegal status, address, and other contact information.) § 1.4.14 Consultants retained under Basie Services: ~ A Structural Engineer: 2 LA < 3 4 iy i || ’ im ee oy - lan if | Hii 7 i} | ‘rin enue ne Le ae ue ee 4 § 1.1.1.2 Consultants retsined under Supplemental Services: NA § 1.442 Other Initial Information on which the Agreement is based: Information may materially change, and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule forthe Architects services, andthe Architect's compensation, The Owner shal adjust the Owner's bsiget for the Cost of the Work and the Owner's anticipated design and constrtion milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instrune cf Servis or any Other information or documentation a dgitlform, The pares wil we AIA Document E2t3™ 2013, Bulding Infmaon Moding and Digi Dt nib o exis te proteus rhe de vetpe wk tan, and exchange of digital data UL § 134 Any ue of, or eianceon all ora portion of building information mde! without agrernent prone governing the se of, and elians op, the information consined inte model and without having thos protocols set forth in AIA Document E203™ 2013, Building Information Modeling and Digital Data Exhibit, “7 \e requisite AIA Document 6202-2013, Project Building information Modeling Potocol Form, shall eh sing ot rving partys sole ris and witht libility fo the oer party and is contactors o asta theo of, oF soba Sebi ao eaeet een | ARTICLE 2 ARCHITECT'S RESPONSIBILITIES {C] § 2.1 The Architect shall provide professional services as set forth in this Agreement. The ce represents that it is properly licensed in the jurisdiction where the Project s located to provide the services requited by this Agreement o shall cause such services tobe performed by appropriately licensed design proles § 22'The Architct hal perform its services consistent wit the professional kill and are ordinarily provided by architects practicing inthe same or similar locality under the same or similar ircumstances ‘Tao Architect shall, perform its services as expeditiously as is consistent with such professional skill and care and pe progress of the Project § 21h Ait aan oon Wha te Aled eee foea my § 2-4 bap with he Omer inolige nd sone, he Archie sal ot ngge nay ety seeany Employment, interes or contribution tat would rensonably appear o compromise the Archies po ‘dpm with eed ots Projet § 25 The Architeot shall maintain te following insurance until termination ofthis Agreemeny/tEay fhe Shall pay dhe Architect 9 et-fort-in-Section- 10. yy limits of not less than SORE WOR’ Wl (S «1,000,000 ) for each ) in the aggregate for bodily injury and propézty dam § 25.4 Commercial Ge Lig with Sesimence and Ros § 2.52 Antomobile Liability covering vehicles owned, end non-owned vehicles used, by the Architect with policy limits of not less chan & NAB (6 9) per accident for bodily injury, death of any person, end property damage arising ut ofthe cwnership, maintenance and se of hove motor vehicles, along with any other stor required automobile coverage 5 § 253 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 lability insurance, provided such primary ane excess or umbrella liability insurance policies result in the same or greater coverage asthe coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella licilty insurance provide narrower coverage than the primary policy. The excess poly sbell not require the exhaustiil ofthe underlying limits only through the wetual payment by the underiying insurers. § 25.8 Workers’ Compensation at statutory limits. asi Bec eecdeaes § 255 Employers’ Liability with poliey limits not less chan ia aeident, CH nD (8 19000;0005 ) each employee, and IHions » (S policy: § 258 Poteion! Labi even sty tad oii ate ern fpr Services with policy limits of ot ess ton RRGHBIGBEN (S E2UDROGHES per claim and fat oA iim be aces r §§ 287 Addivonal insured Obligations. To the fullest extent permitted by lw, the Architect shall use the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability Blinghde the Owner as sada sured fr lain aed in whoo in pay the Aries negligent as css. The addition} insured coverage shall be primary and non-contributory to any ofthe Owner's insurance polices and shall apply to both ongoing and completed operations, 1 {§ 2.58 The Architect shall provide certificates of insurance tothe Owner that evidence compliance with the requirements in this Section 2.5, J} ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES /. § 3.4 The Architect’s Basic Services consist of those described in this Article 3 and include yaya abd customary So ee a ape ane alae, sole me § 3.44 The Architect shall manage the Architect's services, research applicable design cri a, attend Project ‘meetings, communicate with members of the Project team, and report progress tothe Owner. if § 342 The Architect shall coordinate its services with those services provided by the Owner am the Qumner's ‘consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the aura csimpleteness, ‘and timeliness of, services and information furnished by the Owner and the Owner's consultafits, [Thé Architect shall provide prompt written natice tothe Oumer ifthe Architect becomes aware of any eror, omission, ér inconsistency In such servic or information, ry 113 As con a potable ater fe dato it Apres, Arches shal sbi ty omer approval i pdinchurn pobonane chi tcasrtneen Tr suse wr sulindac eke ‘commencement of construction end for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of eee emcee eager cance apietnene ecatanere teen oar approved by the Owner, time limits established by the schedule shall not, except for reasonable Gaiise, be exceeded by the Architect or Over, With the Owners approval, the Architest shall adjust the schedulg jEnecsssary, as the Project proceeds until the commencement of construction. i \\ i \y § 34.4 The Architect shall nt be responsible for an Ownes's directive or substitution, or fo the Owes secentance of non-conforming Work, made or given without the Architects writen approval Poly | § 3.15 The Architect shall contact governmental authorities required to approve the Construction Dotiments and Eats providing ality series othe Projet. Te Architect sual spond fo applicable debi requizents imposed by thos authoties and otitis Ti become a ~20_ Coprtigme 1904 WHR TE se rane he As THs date sae Peed by nih wtiuace a WI:56 an {1/03/2008 chine Grae Ke-SSLIOEO vice wcloes ot 6 § 3.4.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of govemmental authorities having jurisdiction over the Project. § 3.47 In the event the Ovner directs the Architect to make revisions tothe Instruments of Service accommodate value engincering, cost-saving measures, or substtations proposed by the Contactor, Owner, Owners consulans orothers, against the Architect's easoneble objections o the proposed revisions, the Owner hal indemnify and hold harmless the Architect, Architect's consultants, and sgeots and ensployces of any of Uh rom and aginst claims, damages, losses and expenses. inching but no ite to atiomey's fees arising olf uch revisions to the Insruments of Service —y {§ 22 Schematic Design Phase Services ea § 321 The Archit sal review the progam and ote information fished by he Ovnds and stall evew Jaws, codes, and regulations applicable to the Architects services u § 3.22 The Architect shall prepare a preliminary evaluation ofthe Owner's program, schedule, budget forthe Cost Df the Work, Project site, the proposed procurement and delivery method, and other Initial Hformation, ezch in terms of the other, to ascertain the requirements ofthe Project. The Architect shal notify fr of (1) any inconsistencies discovered in the information, and (2) other information or consulting servic thal may be reasonably needed for the Project. | § 2.23 The Architect shall present its preliminary evaluation to the Owner and shall secu began altemative approaches to design and construction of the Project. The Architect shall reach ag understadding with the ‘Owner regarding the requirements of the Project. J § 324 Rated one Poet egrets aged pon wt th Ove, ie Archie sl prepare hrs fo ‘the Owner's approval, a preliminary design illustrating the scale and relationship ofthe Project: = gets § 3.25 Based on the Owner's approval ofthe preliminery design, the Architect shall ee latic Design ‘Documents for the Owner's approval. The Schematic Design Documents shall consist of drdwines and other documents including a site plan, if appropriate, and preliminary building plans, sections and clevatibns; and may include some combination of study models, perspective sketches, or digital representations. Pr8limitary selections ‘of major building systems and construction materials shall be noted on the drawings or described Yn wating. \ § 3.2.5. The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing alesigi tha is consistent withthe Owner's program, schedule and budget forthe Cost ofthe Work. The Owner mal Abtain more advanced sustainable design services ts « Supplemental f ice under Section 4.1.1 ‘NV / § 3.252 The Architect shall consider the value of alternative materials, building systems and equipment, together With other considerations based on program and aesthetics, n developing a design forthe Prpjec hai consistent with the Owner's program, schedule, and budget forthe Cost ofthe Work [ t § 3.26 The Architect shall submit to the Owner an estimate of the Cost of the Work preparell in accordance with Section 63, § 427 Tie Asie sl it ie Schematic Disgn Documents othe Orne nd eqs tie Owner's proval / § 28 Design Development Phase Services i § 51 Based on he Overs approval othe Schematic Design Documents and on he Owkt's nt ztion of fay adustmens in the Projet requirements andthe budget forthe Cost ofthe Work, ie Artec! spl propre Design Development Doeuments forthe Owner's approval. The Design Developmest Docuffents sh iustrte and describe the development of the approved Schematic Design Documents and shall consist of drawings and other ‘documents including plans, sections, elevations typical construction details, and diagrammatic layouts of building, systems io fi and desrbe the size and character ofthe Projet a oarchiterral, staciral,rechanical aod Tay by te Soarisan Ratna OF cheats, RH eights Fen electrical systems, and other appropriate elements, The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels, § 332 The Architect shall update the estimate ofthe Cost of the Work prepared in accordance with Section 6.3. § 8.3 The Architect shall submit the Design Development Documents to the Owner, advisé fhe Owner of any adjustments tothe estimate ofthe Cost ofthe Work, and request the Owner's approval. | § 334 The Architect may, with approval ofthe Owner and appropriate Authorities, combing the Schematic Design Phase and Design Development Phase int a single Preliminary Desiva Phase. The scope ofthis Prlihinary Design Phase would! be equivalent to the Schematic Design Phase and Design Development Phase sep § 3.4 Construction Documents Phase Services § 34.1 Based on the Owner’s approval ofthe Design Development Documents, and on the Qymer’s authorization of Any adjustments in the Project requirements and the budget for the Cost of the Work, the Ariteet shall propaze Construction Documents for the Owner's approval. The Construction Documents shal illustrate hind describe the further development of the approved Design Development Documents and shall consist of Lrawbigs and Specifications setting forth in detail the quality levels and performance criteria of materials aid systems and other requirements for the construction of the Work. The Owner end Architect acknowledge that, ia orer to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data sf Sapp: and other similar submittals, which the Architect shall review in accordance with Section 3.6.4 § 2421 Aches pnt te nn rome overnite hing pion ove Se hom net Conner canes 7) § 243 Dunst despa of he Onin Doane he Arist ha eis be a he development and preparation of (1) procurement information thet describes the time, place, shd-Copiditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owne Intractor; and (3) ents a te Coin ene Suey ser ten Ee a ‘comps poe und hse Cena ConarforCmsasan nd eas est oily ie rnin ng rh lt ray co lcm mos ere Caper Aether Cavin Gal Satta Nort Cases Lav tates honorees § 8.44 The Architect shall update the estimate for the Cost ofthe Work prepared in accordadce wt Section 6 3. § 345 The Architect shall submit the Construction Documents to the Owner, advise the Owster 6f day adjustments tthe estimate ofthe Cost ofthe Work, tks any ation required under Seton 65, ad request thy Owners approval § 25 Procurement Phase Services He § 354 General L ‘The Architect shal assist the Owner in establishing a list of prospective contactors. Following thé Owner's approval ofthe Construction Documents, the Architect shall esis the Owner ia (1) obtaining ether competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successl bid or proposal, ify, and, (4) awarding and preparing contracts for construction, The Parties heeso-acknowledge that the owner isa North Carolina Count. Architect shall assist the owner inthe following provions of(Ghapter 143, Article 8 of the North Caroline General Sttutes and North Carolina Law in performing its dies unde this 3.5.1 § 352 Competitive Bidding tt | § 352-1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents § 352.2 The Architect shall assis the Owner in bidding the Project by A facilitating the distribution of Bidding Documents to prospective bidders; 2 organizing and conducting a pre-bid conference for prospective bidders; BS OPEL TOY, OY oe a i ee amas See eee 3 prepasing responses to questions from prospective bidders and providing clarifications and ‘interpretations of the Bidding Documents fo the prospective bidders in the form of addenda; and, 4 organizing and conducting the opening of the bids, and subsequently documeating and distributing the bidding results, as directed by the Owner, 5 The Parties hereto acknowledge thatthe owner is a North Carolina County. Architeet shall assist ‘he owner in the following provisions of Chapter 143, ticle 8, of the North Carolia General Statutes and ‘North Carolina Law in performing its duties under this 3.5.2.2 § 85.23 Ifthe Bidding Documents permit substitutions, upon the Owner's writen authorization, the Architect shal, as an Addifonal Serve, consier sequent fo svsttons nd prepare and Gnbue adder esting approved Snostftons oll prspesive bide " $ $StNegoteted Propose | Pa Sena Mingo dorbaon of Papead Berens ons prosper font taustaiscumspmentencicoramereay tt | “2 preparing responses ie questions from pronpastve contactors and providing lanfestions and ‘etespretations-of the Proposal Doouments to the prospective contractors in. plete pddedesens -4__paticipating-in-negotietions-with prospective contractors, and subsequently preparing e.summery report of the negotiation results-as-direoted-by the Owner, §-353.3.1fthe Proposal Documents permit substitutions, upon the Owner’ Q -Sonsider requ prepare and fying approved substitutions tal progpactive contractors. 4{ 1 §sscorrn rae Sen <|| {een KI PEN RSLastrantponde atone Cnt ben he Oma an ect at tether Bn re Coane me ‘under thi Aprooment unless the Owner and the Architect amend this ‘Agreement, § 364.2 The Arckitect shall advise and consult with the Owner during the Construction Ph ‘Architet shall have authority to act on behalf of the Owner only ‘othe extent provided in Architect shall not have control over, charge of, or responsibility forthe construction means| metipds, techniques, sequences or proceduses, ofr safety precautions and programs in connection withthe Work, ndyshall the Architect be responsible forthe Contractors fliureto perform the Workin accordance with the Fquirements ofthe Contract Documents. The Architect shall be responsible forthe Architect’ negligent acts or missions, but shall not have control over or charge of, an shall not be responsible fr, acts or omissions ofthe Contractor or gf any other persons o7 entities performing portions of the Work | § 35.13 Subject to Section 42 and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services commences with the award ofthe Coofract for Consiriction and ferminates om the date the Architect issues the final Certificate for Payment. i if~™ § 362Evaluations of the Work | § 2821 The Architeo shall visite site at ntervals appropiate tothe age of constuction ras obtuse required in Section 4.2.3, forthe sole purpose of becoming generally familiar with the progrbts and qhality of the portion of the Work completed, and to determine, in general, ifthe Work obsorved is being performed in a raanner indicating thatthe Work, when fly completed, willbe in accordance with the design intont expressed in the Contract Documents. However, the Architect shall not be required to maie exhaustive or cohtmuous ob-ste ingpections to check the quality oF quantity ofthe Work. On the basis ofthe site visits, the Architect shall keep the (Owner reasonably informed about the progress and quality of the portion ofthe Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. No other Auties and/or responsibilities are imposed upon the Architect by making the site visits as provided herein § 25.22 The Architect has the authority to reject Work tat does not conform tothe Contract Docuenis. Whenever the Architect considers itneseasay or advisable, the Architect shall have the authority, but he obligation to require inspection or testing ofthe Workin accordance withthe provisions ofthe Contract I)jeumenis, wheter or not the Wark is fabricate, installed or completed. However, neither this authority ofthe Arditect aor a deision ‘made in good faith either to exercise or not lo exercise such authority shall give rise to a dutplorrespogsiility of the Architect tothe Contractor, Subcontzactors, suppliers, ther agents or employees or other petsons of estes performing portion ofthe Work § 3623 The Architect shall interpret and decide matters conceming performance under, an Fequiremens of, dhe Contract Documents on written request of either the Owner or Contactor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable prompiness. § 3624 Interpretations and decisions of the Architect shall be consistent wih the intent of, éndipasonably Jnferabe ftom, the Contact Documents and sball be in writing or inthe form of drawings, Wher faking sich interpretations snd decisions, the Architect shell endeavor to secure fsithfu! performance by Hot Owner and Contractor, shall not show partiality to ether, and shall not be liable fr results of nterpretabons|ée decisions sencered in good faith, The Architect's decisions on matters relating to aesthetic effect shal be-fita! ifconsistent With the intent expressed inthe Contract Documents aces {§ 3625 Unless dhe Owner and Contractor designate another person to serve as an Initial Decision Maker, a that term s defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents Lf § 3.63 Certieates for Payment to Contractor | § 2631 The Architect shall review and certify the amounts due the Contractor and shall ishcertfictes in such amounts. The Architect's certification for payment shall constitute a representation tothe Oven, based on the Architects observation ofthe Work as provided in Section 3.6.2 and onthe data comprising the Contractor's ‘Applian for Payment, ht, tothe beso the Arhiets knowledge, Information and bei, the Werk bas progressed tothe point indicated, the quality of the Work is accordance with the Contact Documeqts, and thatthe Contractor is entitled to payment in the amount certified. The foregoing representations are subject tof!) an evaluation ofthe Work for conformance with the Contrect Documents upon Substantial Completion (2) results of subsequent test and inspections, (3) correction of minor deviations from the Contact Docurents plot to ‘completion, and (4) specific qualifications expressed by the Architect. Language or terms in|4rchifc¢’s certification ‘of pay application shall not be construed as imposing a higher or more stringent standaré or espbisbility pon the ‘Architect than what is set forth in this Agreement. This Agreement, not the Application for Payment or the Architect's certification thereof, shall contol the Architect's obligations, responsibilities and stangard of cae. | § 363.2 The issuance cf a Certificate for Payment shall not be a representation tat the Architect has (1) made exhaustive or continous on-site inspections to check the quality or quantiy ofthe Work, (reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’ right to payment, or (4) ascertained how or for what purpose the Contractor has used money previonsly Bald on account of the Contract Sum, ie § 363.3 The Architect shall maintain a record of the Applications and Certificates for Paymeht. |) § 264Submitals Hod § R644 Tie Architect sal review the Contractors submial schedule and shall not uneashably fey or ‘told approval of he shee The Archies’ action in reviewing submals hall be enn adeordace with the approved subtal schedile, but ano evet shal Architect have less han tn (10) basis Gays, evew and respond o any subasinsinefuding bu ot ited shop drewings, prod! dats or meh, change order, and requests for payment. For submissions that require the xeview of consultant, not less than fifteen (15) days shall be allotted, § 3842 The Architect shall review and approve, or take other appropiate action upon, the Contractor's submits Such as Shop Drawings, Produet Daa and Sazples but only forthe lunited purpose of checking for conformance With information given and the design concept expressed in the Contact Documents. RevieWof such submittals is not for the purpose of determining the accuracy and completeness of ather information such at dimensions, quantities, an installation or performance of equipment or systems, which ae the Co ‘Architect's review shall not constitute approval of safety precautions or constuction means, incthods,jechniques, sequences or procedures, The Architects approval of a specific tem shall not indicate apprval of an 4ssembiy of Which the item sa component. The partes agres that an ordecy submittal process is erteal b enabling the Architect to perform its services, including evaluating whether products tobe incorporated inj the Work meet the contract requirements or the requirements ofthe Building Code, and other applicable govertiental regulations Therefore, ifthe Owner or Contractor fil to tmely provide Architect all information necessaty to evaluate a submittal in accordance with the protocols set forth inthis Agreement, including without limifation a proposed substitution, the Architect shall have no liability whatsoever regarding that product's cont 1 with plans and specifications, the Building Code or other applicable governmental regulations, The partes firthet agree that no Cause of niet, pate practice during const sal oat 0 wav of overs losin Serica otis Agreement vi § 55.43 1 he Comract Documents specifically require the Contactar o provide profesor design ervice or Cerifctions by a dergn professional relted to systems, eras, or equpmen, the Archie! shal spsciy the Contractor's desig professional, provided the submitels bear such professional's seal and signature wen submitted to the Architect. The Architect's review shall be forthe limited purpose of checking be ‘coriformance with information given and the design concept expressed inthe Contact Documents. The Atchitect shall be entitled 0 rely upon, and shall ot be respensibe for, the adequacy an accuracy ofthe vies etary ad approvals performed or provided by such design professionals. icant § 3844 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Doeuments, The Architect shal set forth, inthe Contract Documents, the requirements Zr requests for information. Requests for information shal inelude, ata minimum, a detailed written statement tha nficats the specific Drawings or Specifications in need of clarification andthe nature of th earfication request. The Atos sponse suc out lb ma in wing within any tne Lie eed upon oy fers with reasonable prompness. I appropiate the Architect shall prepare and issue supplemental Drdw Specifications in response to the requests for formation. | ‘Vy § 3.6.45 The Architect and the Contractor shall each maintain a record of submittals and oa cl supplied by the Contractor in accordance withthe requirements of the Contract Documents § 3.6. Changes in the Work § 385.1 The Architect may order minor changes inthe Work that are consistent withthe intent ‘Documents end do not involve an adjustment in the Contract Sum or an extension of the Contract Tine. Subject to Section 42, the Architect shall prepare Change Orders and Construction Change Directives for the Owner"s approval and execution in accordance with the Contract Documents, § 2852 The Architect shall maintain records relative to changes in the Werk § 3.86 Project Completion | § 346.1 The Architect shal: | A cont! inspections to determine the dste or dates of Substantial Completion abd the the die of inal completion, I issue Cerificates of Substantial Completion; He forward to the Owner, forthe Owner's review and records, written warantes and related documents required by the Contract Documents and received from the Contractor; and, 2 3 rey portion ct Ie, ay soonlt leaner civ aod erin pansies, and oil be floamented’ te the sini alee LL issuc a final Certiticate for Payment based upon afinl inspection indicating that, tothe est of the Architect's knowledge, information, and belief, the Work complies with che requirements ofthe (Contract Documents § 882 The Architect's inspections shall be conducted with the Owner to check conformance ofthe Work wit the equa of he Contact Decent no very he osc and compleenes of he suited byte Contractor of Work to be completed or corrected | § 358.3 When Substantial Completion hs ren achieved he Architect shall info the Orfeo he balance af he Contact Sum remaining o be pid the Connector, ncidng he sount oe reine from te Contact Sum, f any for inal completion or coreton of he Work 1 § 8884-The Architect shal ward tothe Owner the following information recived fom ile Coamactor: (2) Conseat of surety or sureties, if any, 1 edition aor partial leas of retinge orth making offal pment; 2) ats ess eles nd aie fies Bn Indening he Over gest nan) ny tt Socumenaton requiedof the Conrctor under te Contact Docoens § 3885 Upon request ofthe Owner, and prior tothe expiration of one yer from the date of Subd Campin the Arete shal, wstiout eden compensation, conde! a meeting ith he Oper orevew he facily operations nnd performance | ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES ees § 44 Supplemental Services § 441.41 Tae services ied below ae not include in Base Services bat may be reuired fr the Proje. The [Architet shal provide the lated Supplement Services only if specially designated in the able etwas Architect's esponsibility, andthe Owner hall compenste the Arh! provid in ar less oshervisespecifeallyadresedn tis Agreement if nether the Owner north Arche i daegngted the partes fares that the listed Supplemental Serie snot being proviced fr te Project (Designate the Architect's Supplemental Services andthe Owner's Supplemental Services a or the Project by indicating wheter the architect or Ortor sll be responsible for providing the ented Shgplomentl Service Insert desorption ofthe Supplemental Services in Seton “1.2 below or attach the description ofyertee am exit to ths Agreement} wy ‘Supplemental Services Responsibility (Architect, Owner, or not provided) § 44.14 Programming § 41.1.2 Multiple preliminary designs $44.13 Measured drawings § 44.14 Existing facilities surveys Site evaluation and planning ‘Building Information Model management responsbilives Development of Building Information Models for ost construction use Civil engineering Landscape design Architectural interior design [§ 414.11 Value analysis § 41.442 Detailed cost estimating beyond that required in Section 6.3 § 41.443 On site project reprosoniation § 444.44 Conformed documents for construction Sats a pamaaar ai wanaies ie ‘Supplemental Services Responsibility (Architect, Ovner, or not provided) | § 41.4.15 As-designed record drawings we [$414.16 _As-construoted record drawings TP (Contractor) [1g 414.17 Post-occupancy evaluation NT § 44.4.8 Facility support services Nil § 414.19 Tenant-related services nay '§ 44.420 Architect's coordination ofthe Owner's consultants | § 411.21 Telecommunications/data design § 444.22 Seourity evaluetion and planning § 44.123 Commissioning § 441.24 Sustainable Project Services pursuant to Section 413 § 441.25 Fest-track design services § 441.26 Multiple bid packages § 441.27 Historie preservation § 441.28 Furniture, furnishings, and equipment design § 441.29 Other services provided by specialty Consultants [§ 414.30 Other Supplemental Services § 4.1.2 Description of Supplemental Services hy § 441.211 A description of each Supplemental Service identified in Section 4.1.1 asthe Architet's sponsibility is provided below. INS (Describe in detail the Architect's Supplemental Services identified in Section 41 or, if et oth an exhibit ‘identify the exhibit. The AIA publishes a mumber of Standard Farm of Architect's Services documents hat can be included as an exhibit to desoribe the Architect's Supplemental Services) § 41.2.2 A description of each Supplemental Service identified in Section 4. provided below, | (Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, ail 1 ‘identify the exhibit) NESE | § 4.1.3 1f the Owner identified a Sustainable Objective in Article 1, the Architect sball provide, as @ Supplemental Service, the Sustainability Services required in ATA Document F204™_2017, Susisinable Projects Exhibit, attached (o this Agreement. The Owner shall compensate the Architect as provided in Section 11.2 §,42 Architects Additional Services i o\ The Architect may provide Additional Services ater execution ofthis Agreement wiht ita the ‘Agreement Except for serves required due tthe fault of the Architect, any Adktioal Services pravided in accordance with this Section 4.2 shail entitle the Architect to compensation pursuant to Sectign 11.3 aid an appropriate adjustment inthe Architect's schedule. Lt § 421 Upon recognizing the need to perform the following Additional Services, the Architect shalt nosy the Onmer with rasonsble prompiness end expleia the facts and circumstances giving rie to the need. The Architect Dy ee RT Fe ei ats ea A ah eee Sat "Scowant, ot tay postion of it, may result, fe civil aod crininat ponattiog, end sill se presmovted to tow aaxima emtant 13 shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization “1 Servcesnecesited by a change in the Initial Infomation, previous instructions or approvals given by the Owner, ora matcal change inthe Project including size, quality, complexity, the Owner's schedule or budget for Cos ofthe Work, or procurement or dlvry method 2 Services necesiatd bythe enactment or evision of codes, laws, or regula, including changing or editing previowsly prepcedInsiruments of Service, Changing or eding previously prepared Instruments of Service necessitated interpretations of applicable codes, laws or regulations tht ar either (a) contro spacific interreations by te appliable authors having justin made porte numme ofthe being permit, or () contrary to requzements of he Instruments of Service When tose Irstaments ot Service were prepared in accordance withthe applicable standard of care, 4 Services necesiated by decisions ofthe Owner not rendered in a timely menheror any other fire at performance onthe pat ofthe Owner or te Ovmer’s consultants or comtrtors; ‘5 Preparing digital models or other design documentation for ransmision to the Owners consutnts and contactors, oro other Owner-athorizad esnients, : Preparation ef eign end dommenttine for ata bidor props eet proposed byte Owner, 1 Peprhion fr, nd atone a a ube preenaion,mectog or hang || || “8 Preparation for and attendance st dispute resolution proceeding or legal the Architects party thereto; 8 a rg, except where “Evaluation of the qualification of entities providing bids or proposals; | “10. Consatason sonceming replacement of Work reeling fom fre rater case diag construction; AT Assistance to the Initial Decision Maker, if other than the Arebitet, | notify the Ovex with reasonable prompiness, and explain the facts and circumstances giving vse} the need If, upon receipt ofthe Architect's notice, the Owner determines that ll or pars ofthe services fre. nol required the Owner shall give prompt written notice to the Architect ofthe Owner's determination. The Owner shall compensate the Architect forte serves provide pio fo the Arshitet's recip ofthe Owners note, “1 -Reviewing a Contractor’ submital out of sequence frm the submit schedule approved by the Architect Responding to the Contractors requests for information that are not prepared in Eye CContrect Decuments or whore suet information i available tothe Contractor ftom a céaef study ‘and comparison of the Contract Documents, ficld conditions, other Owner-provided information, Contractor-prepared coordination drawings, ot prior Project correspondence or entation; 3 Proparing Change Orders and Construction Change Directives tat requie evsuation of Contractor's proposals and supporting dat, or the preparation or revision of Iastuments of Services, Evaluating an extensive numberof Claims asthe Initial Decision Maker, o, || Ealatig ibatitsos proposed bythe Owner of Contactor ing abet revsons Instruments of Service resulting thezetiom, §§ 422 To avoid delay inthe Construction Phas, the Architect shall provide the following Add a Services, § 423 The Architect shall provide Construction Phase Services exceeding the limits set forl’below as Additional Services. When the limits below are reached, the Architect shal notify the Owner: “1 is @) reviews of cach Shop Drawing, Product Date, samp and sini sii of he Conzactor 2 Seve 72) vist toh sit by he Arciteet during constution. Ono () po hee x Eighteen (18) months ‘Ons (1) inspections for any portion ofthe Work to determine whether such potion of substantially complete in eccotdance withthe requirements of the Contract Dpeumes 4 Tio (2) inspections for aay portion of the Work to determine final completion, 1 Worl is § 42.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.23, Construction Phase Services provided more than 60 days after) the date of Substantial Completion ‘of the Work or (2) the initial date of Substantial Comploton identified in the agreement between the Owner and a i a ate Oa Sec teee ope enrecetn tie maegin sure oe aribeion cg Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services, § 425 If the services covered by this Agreement have not been completed within Tiitity ( [30] ) months of the date 5 et ear ton ee A ote tse eee eee 7 | ARTICLE § OWNER’S RESPONSIBILITIES Me § 84 Unless otherwise provided for under this Agreement, the Owner shell provide informatiba in.a timely manner regarding requereats for and limitstions on the Project, including Overs objectives; schedule; constraints and criteria, including space requirements and reltfonskips lexbility; expandability: special equipment; systems, and site requirements } § 52 The Owner shall establish the Owner's budget forthe Project, including (1) the budget forthe Cost ofthe ‘Work as defined in Seaton 6.1; (2) the Overs other costs; and, (3) reasonable contingencies related wall of these costs. The Owner shall update the Overs budget for the Project as necessary throughout the duration ofthe Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the ‘Work, the Over shall notify the Architect. The Owner andthe Architect sll thereafer age t a comresponding change inthe Projets scope and quality i 53 The Owner shall identity 2 representative authorized to act on the Owner's behalf with fespsotto the Project. ‘The Owner shall render decisions and approve the Architect's submittals in a timely manné ‘unreasonable delay in the orderly and sequential progress ofthe Architect's services. A § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility Jocations for these ofthe Project anda vain legal description o the ste The surveys ond legal informatio Hl include. s Aplin, grader and line of sce alos pavements an adjoining ropes and struct wetlands acjnent dainage:righ-of vay, reticions, easements, enroschrnef, zoning. deed ested pounders end Contours othe ste; oon, dnsions, and other neces da with respect to exiting gs, oer Ippon nd ey on inomaon cnc toys nd ee a ts above and below grade, including inverts and depths. Al the information on the survey shall bézeférenced to a Project benchmark, ‘ § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test bits, determinations of soil bearing values, percolation tests, evaluations of hazardous mete, seismic evaaation, round corrosion tess and resistivity tests, including necessary operations for antiipating bso e@itons, with ‘iten reports and appropriate recommendations WNWV/ § 5.6 The Owner shall provide the Supplemental Services designated as the Owner's respons i § 57 Ifthe Ovmer identified a Sustainable Objective in Article 1, the Owner shall fll its fps as Fequired in ATA Document E204™™-2017, Sustainable Projects Exhibit, attached to this Agreemetit, § 88 The Owne shal confine heaves oft own conan wih hse services provTUSTBY The Archies Upon the Architect's request, the Orner shall furnish copies ofthe scope of services in the contracts between the (Owner and the Owner's consultants. The Ovner shall furnish the services of consultants other had those designated as the responsibility ofthe Architect inthis Agreement, or authorize the Architect to furnish thems an Additional Service, when the Architect requests such services and demonstrates that they are reasonably sequied by the scone ofthe Project. The Owner shall requir tha ts eoosultans and contactors mainain inurands nciudiig professional liability insurance, as appropriate tothe services or work provided. § 58 Te Oxo all fis ests nest and apr required by ew rhe Conta Hu ho freeware ad hoe are wns pllien eo ce mea § 510 The Owner sal amish allege, surance and secounting services, inching suiting ric, hat may be reasonably nesesey at any te for he Projet to mest he Overs eds an interes. ‘Genta "Covamane, oF Oey perteon af Tt, tay sonale'in'sewers Sivit aed crisiaal peandtieey and vides peoseeated to Gis manta neceat 15 § 8:11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect inthe Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 542 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner andthe Contractor otherwise relating to ty Project. Comins by end withthe Archies constants shall be hough the Archit. |) 6 5:1 Before executing the Contact for Consucton, he Owner salloodiat he Ares dit and responsibilities set forth in the Contract foe Construction with the Architects services set fis i is Agreement. ‘The Owner shall provide the Archies copy ofthe executed agreement between the Ownet bn Conti, including the General Conditions ofthe Contract fax Construction. i § 844 The Owner stall provide the Architect access tothe Project site pros to commencemnt ofthe Work and shall obligate the Contractor to provide the Architect access tothe Work wherever iis in oer or progress. § 5.5 Within 15 days after receipt ofa written request from the Architect, the Owner shall ‘ih the requested ‘information as necessary and relevant for the Architect to evaluate, give notice of, or: | 4 Fights. fee ARTICLE 6 COST OF THE WORK J § 84 Foc purposes of this Agreren the Cost he Work shal be the otal cost othe Owner fo const al tlements ofthe Projet designed or specif by the Architect and sal include contactor general conn cos, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materialsyang equipment, ana, o othersse furnished by, the Owner. The Cost ofthe Work does nc inlde the gopetseton of he Architect the cost ofthe land, right of nay financing or contingencies for shanges i tha tr oer cots that are the responsiblity ofthe Owner ’ NI § 82 The Owner's budget forthe Costof the Work provided in ntl information, and salhR aused ‘oughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budge forthe Cost of the Work, and the preliminary estate ofthe Cost of the Work and updated estimates of the Cost oF je Work, prepared by the Architect, represent the Architect's judgment as a design profesional. Its reaognized, however, that neither the Architect nor the Owner hes contol over the cost of labor, materials, or equipmegt; Sk Contractor's methods of determining bid prices or competitive bidding, markt, or negotiting conditions Ackogigy, he ‘Architect cannot and doesnot warrant or represent that bids or negotiated prices will not vary Row tke Ouraer’s ‘budget for tho Cost of tho Work, or from any estimate of the Cost of the Work, or evaluation ped ‘or agreed t0 by the Architect, eee le design bidding, and price esalatin: 0 dtersne what materi equip, component sean oes of ‘onstiction ar tobe inclided inthe Contract Documents to recommend reasonable ajustents Inte programy ‘and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, Yoluteor similar onceptul exinatig techniques. Ifthe Owarreques a delete tt Cost of te Wat he rhe i rove han sie, oa Ars prin Sn 18 2 Supplemental Serve, § 8415, through no faut of the Architet, the Procurement Phase has not commenced withid 90 dayslater the Architect submits the Construction Documents to the Owner. the Owner's budget for the Cost of the Work shall be § 6.5 1fat any time the Architect's estimate of the Cost of the Work exceeds the Owner's so tf the Cost ofthe ‘Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost of tae Work, and the Owner shall cooperate with the Architect in making such adjustments, ‘BhaGe ide auk scrmusinpetncne Wy ort i a sumac "aries “nisi sapeemtin neice eg § 66 Ifthe Owner’s budget forthe Cost ofthe Work at the conclusion ofthe Construction Documents Phase Services is exceeded by the lowest bona fie bid or negotiated proposal, the Qwner shall A give written approval of an increase in the budget forthe Cost of the Work; -2 authorize rebidding or renegotiating ofthe Project within a reasonable time, ‘3 terminate in accordance with Section 9.5; 4 in consultation with the Architect, revise the Project program, scope, or quali the Cost ofthe Work; or, ft 5 implement any other matully acceptable alternative, | as required to reduce § 67 Ifthe Owner chooses to proceed uncer Setion 6.64, the Architect shall modify the Caystveioa Documents ‘as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phese Services, othe budget as adjusted under Section 6 6. Ifthe Owner requte the Architect to ‘modify the Construction Documents because the lowest bona fide bid or negotiated proposal Exceeds the Owner's ‘budget forthe Cost ofthe Work due to market conditions the Architect eould not reasonably anticipate, the Owner shall compensate the Architect forthe modifications as an Additional Service pursuant o Seciog 113; otherwise the Architect's services for modifying the Construction Documents shall be without adit pensation. Ta any vent, the Architer’s moda ofthe Constustion Documents shall be the imi ofthe Aashtectsrexponsbiity Under this Article 6 il ARTIOLE 7 COPYRIGHTS AND LICENSES L § 7A The Architect and the Ovmer warrant that in ransmiting Instruments of Service, or anyother information, the ‘tansmiting party isthe copyright owner of such information or has permission fom the copyright over 0 transmit such inZormation forts se on the Project. fs § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners oftheir respective Instruments of Service, including the Drawings and Specifications, and shall retain all commoy'Taw, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Seryige'd rueet official regulatory requirements or for similar purposes in connection with the Project is not to be eansfrued as publication in derogation ofthe reserved rights of the Architect and the Architect’s consultants. \. § 723 The Architect grams tothe Owner a nonexclusive license to use the Architects Instrument’ of Service solely and exclsively for purpose of constructing, using meinteining, aliering and adding othe Project, provided thatthe Owner substantially performs its obligations under his Aproement,inclding prompt payment of all sym ve pursuant fo Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from thé [Architect's consultants consistent with this Agrecment. The license granted under this section permits thé Quy $0 wuthorize: the Contrast, Subcontractors, Sub-subeontractors, and supplies, aswel asthe Owner's clu and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any prt ‘established pursuant to Section 1.3, solely and exclusively for use in performing services or constrection for Jie Project Tf the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the licens Ahmed inthis Section 7.3 shall terminate, Li § 734 In the event the Owner uses the Instruments of Service without retaining the authors ofthe Instfuments of Service, the Owner releases the Architect and Architect's consultant) fom all claims and cxuses of ation arising from such uses. The Over, tothe extent permitted by le, frther agrees to indemnify and hold harmless the ‘Architect and its consultan's fom all cost and expenses inching the cost of defense, related f9 cms and enuses of action asserted by any third person or entity to the extent such costs and expenses arise: a rer’s use of Sheintmenty of Son ude ts Secon 3, The rs of i Seon 7.31 sal fly ge Omer rightfully terminates this Agreement for cause under Section 9.4. (fast) § 74 Except for she licenses granted inthis Article 7, no other license or right shall be deemed gran‘ or imped ‘under this Agreement. The Owner sball not assign, delegate, sublicense, pledge or otherwise fransfer hhy license gre bere mothe pry win he pr wien een ft Arches. Any awe of instruments of Service stall be athe Owner’ sol risk end without liability fo the Architect consultants. nd the Architect's hie ata" Gorwane, or tng perthan tf Ie, day sanl"in’neeeed cival and seintaa ottioet ans wit be Toestereey we tne sannanewceas | LT § 7.5 Except as otherwise stated in Section 73, the provisions of this Article 7 shall survive the termination ofthis ‘Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.4 The Owner and Architect shall commence all claims and causes of action against the/@ther and arising out of or related fo this Agreement, whether in contract, tort, or oiherwise, in accordance with the repuirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but inany Caen en 10 yes ere eof Substantial Completon oe Work ae pd Are waive all claims and causes of action not commenced in accordance with this Section 8.1.1 § 8.4.2 To the extent damages are covered by property insurance, the Owner and Architect vive all rights against each other and against the contractors, consultants, agents, and employees of the other for daspages, except such rights as they may have to the proceeds of such insurance as set forth in ALA Document A20}-2017, General Conditions of the Contract for Construction. The Owner or the Architect, a appropriate, shall require of the contactors, consult, agents nd employees of ny of them, similar waiver in aver oft pares tng otf orrltng thie Agreement, This muta waiver applicable, without aif al contequnti enumerated herein. § 8:13 The Architect and Owner waive consequential damages for claims, disputes, or other jnatdrs in question, damages due to either party's termination ofthis Agreement, except as specifically provi “m 9.7. § 8.2 Mediation § 8.21 Any claim, dispute or other matter in question arising out of or related to this Agreement shaljbe subject to meition codion pecodet io bading dpe resoton, If ruch errata ihe pipet of ie arising out of the Architect's services, the Architect may proceed in accordance with applicable Jaw 16 comply with the lien notice or filing deadlines prior to recolution ofthe matter by mediation or by binding di i resolution, § 822 The Owner and Architect shal endeavor to resolve claims, disputes and oer mutters & aestion between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by te American ‘Arbitration Association in accordence with is Construction Industry Madiation Procedures in effect on the date of this Agreement, A request for mediation shall be made in writing, delivered to the other party to this Agreement, and. filed with the person or entity administering the mediation. The request may be made concurrently with the filing of ‘complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which sall be stayed pending mediation fora eed of 60 days from he date of fling unless aye fora longer period by agreement o he pres or cour If gh abiaton prccdings stjed pusun'tis scton te pres may noes pve he ey ae atbinno) oa apoc upon schedule or ler proceeds § 823 The partes shall share the mediator’ fee and any fling ees equally. The mediation dan held in the place where the Project is located, unless another location is mutually agreed upon. Agreements | saphed in mediation shall be enforceable as setlement agreements in any court having jurisdiction thereo. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following. (Check the appropriate box.) [@H ] Arbitration pursuant to Section 8.3 of this Agreement [|] Litigation in court of competent jurisdiction [WH] Other: Specify) SAD, SOARS IE AEN _ ian, 19, Bg eR ST Me ani anli -E Anns A sg eee any poréion af tty aay soasle tn novece cirlt sod‘ec inion! feonitanes and aidd os Peeverocad co tie sanimas pecent 2B che SASL Elta RIN ATs naod on Lew aS Wn uoed Ee Suaneee ile apices Ifthe Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction [24ietepuietineasacabatienionathemted or ‘binding dispute resolution in fais Agreement, any "Per selated to this Agr sion tat by. ‘edition hall be subjoot to rbittonshiohnias the pis muna agree ol -eadininistered-oy Abita onthe ceeds Semen shit aang aed thr path _Agreement-and fled wih-theperson-or entity administering the arbittation. E24 demand fr acinuon alt Anmadene ste a-oneurany ith tha filing pa request for made after phen the in: sal or equithbl ad ‘ sn question would ho barred by the statute of imitations ction pons reef dancnd fer aon Syne res inser ihe stn of legal proceedings i sateen question | §832-7he-forepoing sgreemento abirta, and other apreements-o-arbtate with anadignal uly conse patios to-thie Agreercent, sha in-any court having orisdiotion thereok. \ §-833-Theavardrem . ‘with apphosble low in ny-courthaving jorsdation thereof §-£:4 Consolidation or Joiner 5434 : thera : dytheast i permits-cor os +e Pon question a the ab 3 é u - : cr prs not desorbed n-th weiter consent a TAV/ Hey 3 “ * e ‘ ndor tie $.3,-whet 7 ii . ARTICLE 9 TERMINATION OR SUSPENSION § 81 Ifthe Over ‘ils to make payments fo the Architeot in accordance wit his Agreement, ih feu shall be ‘onsiered substantial nonperfommance and eause for ermination or, atthe Architect's option cause for suspension of performance of services under this Agreement. Ifthe Architect elects fo spend services, fhe Architect shall give seven day" writen notice to the Owner before suspending services, In the event ofa suspension of sevies, the ‘Architect shall have no liability to the Owner for dela or damage caused the Owner becast of such suspension of services. Before resuming services, the Owner shall pay the Architect ll sums due prior to saspensi and any expenses ined in he nerruption an resumption othe Arhitot's serves, The Archies es ore remsining services and the time schedules shal be emtitably adjusted. _— § 8.2 Ifthe Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Atchitect shall be compensated for expenses incurred in the eat wa 200 oe aa. A ae pense 19 interruption and resumption of the Architect's services. The Architect's fees forthe remaining services and the time schedules shall be equitably adjusted. § 831 the Owner suspends the Project for more than 90 cumulative days for reasons other than che fault of the “Architect, the Architect may terminate this Agreement by giving not ess thn seven day’ writen notice, f] § 94 Fither panty may terminate this Agreement upon not les than seven days" writen oot should te other party fa unt peri in score wih heeft Agrees hgh fal the pay nang, the termination | sf iS Wis Architect forthe § 9.5 The Owner may terminate this Agreement upon not ess than seven days" written not ‘Owner's convenience and without cause. § 96 Ifthe Owner terminates this Agreement for its convenience pursuant to Section 9.5, ofthe Architect termingtes this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed pio 0 termination, Reimbursable Expenses ined, an cots snbuabe fo tenninaton, ncaa he cost athuable to the Architect's termination of consutart agreements. imi il § 87 In addition to any emounts pad under Section 9.6, ifthe Owner terminates tis Agreeinpn!or its convenience Pursuant wo Seetin 9.5 or the Architect terminates this Agreement pursuant fo Setion 9.3, te Gye shal poy to the Architect the following fees MIL (Set forth below the amount of any termination or icensing fee, or the method for determining any termination or Ticensing fee.) 1 Termination Feo! NE i Ja .2 Licensing Fee ifthe Owner intends to continue using the Architect's wumunlel Service: NA \ § 98 Facet as ttre expres provided cn, hisAgrement sal terminate one year fom taf ‘Substantial Completion. § 99 The Oviner’s rights to use the Architect's Instruments of Service inthe event ofa termination hia ‘Agreement ate set fot in Article 7 and Section 9.7 avy, td rman, ey eid rg Pret sod fm Asap an Dos, Arcitet shal not be responsible for paying the costo add such ier or component fhe etn fat suc em oF Component would Baye ben otherwise cee fo the Project or ohcrse ads vale or Seren fo tbe Project, etterment, upgrade or ex I (Owner and Architect ggree thatthe services provided pursuant to this Agreement involve risks of liability which cannot be adequately compensated for by the payments the Owner will make under this Agreement, ane without this limitation of liability, Architect would not be willing to enter into this Agreement. Therefore, notwithstanding the AB Soemee SuDY = 27. Gpyeime 0 15 159, eT ean taiiaia af cai 2 ighn Tee (BU Ais "ogeuane, or tng porcion of fe. sey gmat SEdSiminat poration "ana wat be povenestad ¢9 se mada cxcaut 20