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HomeMy WebLinkAbout08-04-15 Agenda PacketROLL CALL CITY COMMISSION MEETING AGENDA FOR AUGUST 4, 2015 5:30 FJVI. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET INVOCATION -Tommy Tucker, Pastor for Caring and Senior Adult Ministries, First Baptist Church of Paducah PLEDGE OF ALLEGIANCE ADDITIONSIDELETIONS 1. APPOINTMENT A. Municipal Housing Commission II. RESOLUTION A. Authorize City Engineer -Public Works Director to Be the Applicant Agent for the FEMA Documentation for Federal Disaster Assistance Related to the February 2015 Snow Storm - R. MURPHY III. ORDINANCES -ADOPTION A. An Ordinance Authorizing and Approving a Contract for Water Service between West McCracken Water District and the Commissioners of Water Works, City of Paducah, dba Paducah Water - B. ROBERTSON -Paducah Water IV. ORDINANCES - INTRODUCTION A. Fountain Avenue Health Park - Procurement of Professional Services for Foundation for Healthy Kentucky Grant - S. ERVIN B. Authorize a Contract for the Police Department Emergency Generator - R. MURPHY V. CITY MANAGER REPORT VI. MAYOR & COMMISSIONER COMMENTS VII. PUBLIC COMMENTS VIII. EXECUTIVE SESSION Agenda Action Form Paducah City Commission Meeting Date: Au ust 201 Short Title: Authorize the City of Engineer -Public Works Director to be Applicant Agent for all FEMA and KEMA documentation required for Federal Disaster Assistance Related to the February 2015 Snow Storm. ❑ Ordinance ❑ Emergency ❑ Municipal Order ® Resolution ❑ Motion Staff Work By: Sheryl Chino, Chris Yarber Presentation By: Rick Murphy Background Information: In order to receive Federal disaster assistance for the February 2015 snow storm, the City of Paducah is required to designate an applicant agent. This applicant agent will be officially authorized to provide to KEMA (state) and FEMA (federal) all documentation, assurances and agreements as required to obtain Federal and State financial assistance. Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtm ms Funds Available: Account Name: Account Number: Project Number: Finance Staff Recommendation: To adopt a resolution designating the City Engineer -Public Works Director to be the City of Paducah's official applicant agent to provide KEMA and FEMA all documentation, assurances and agreements as required in order to obtain Federal and State financial assistance from the February 2015 snow storm. Attachments: Department Head Citv Clerk ���City�Ma`nager RESOLUTION A RESOLUTION AUTHORIZING THE CITY ENGINEER -PUBLIC WORKS DIRECTOR TO EXECUTE DOCUMENTS FOR AND ON BEHALF OF THE CITY OF PADUCAH TO APPLY FOR FINANCIAL ASSISTANCE THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY RELATED TO THE FEBRUARY 2015 SNOW STORM BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Rick Murphy, P.E., City Engineer-Pubiic Works Director is hereby authorized to execute for and in behalf of the City of Paducah, a public entity established under the laws of the Commonwealth of Kentucky, this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. SECTION 2. That the City of Paducah, a public entity established under the laws of the Commonwealth of Kentucky, hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof. SECTION 3. That this resolution shall take effect upon adoption as provided by taw. ATTEST: Tammara S. Sanderson, City Clerk Mayor Adopted by the Board of Commissioners August 4, 2015 Recorded by Tamrnara S. Sanderson, City Clerk, August 4, 2015 \resoln\FEMA Funding — Feb 20 t 5 snow storm CERTIFICATION 1, Tamrnara S. Sanderson, duty appointed and City Clerk of the City of Paducah, Kentucky, do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Board of Commissioners of the City of Paducah, Kentucky on the 41h day of August, 2015. Date: (Official Position) (Signature) 1904)5 AGENDA ACTION FORM PADUCAH CITY COMMISSION Meeting Date: July 21, 2015 Short Title: APPROVING A CONTRACT FOR WATER SERVICE BY AND BETWEEN THE COMMISSIONERS OF WATERWORKS, THE CITY OF PADUCAH, DBA PADUCAH WATER AND WEST MCCRACKEN WATER DISTRICT X Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: William Robertson, General Aanager of Paducah Water Presentation By: William Robertson, General Manager of Paducah Water Background Information: West McCracken Water District (the "District") is a duly organized, created, and presently existing Water District in McCracken County, Kentucky since October 30, 1962. The Commissioners of Waterworks of the City of Paducah is a duly organized, created and presently existing municipal water utility owned by the City of Paducah ("Paducah Water"). The District service area is located in the western part of McCracken County and is west of and adjacent to the Paducah Water service area. Paducah Water has continuously supplied potable water to the District since 1967 under a Contract for Water Supply that has expired. The District desires to continue to purchase potable water from Paducah Water sufficient to meet the present and future needs of said District. As a result of negotiations, Paducah Water and the District have reached an agreement as to Paducah Water's continued supply of potable water to the District, which agreement is embodied in the Contract for Water dated July 6, 2015. Paducah Water requests that the City Commission accept the recommendation of the Board of Paducah Water and approve the Contract for Water Service and the changes to contract rates or charges for water as set forth therein. Goal: ❑ Strong Economy X Quality Services[] Vital Neighborhoods❑ Restored Downtowns Staff Recommendation: Department Head City Clerk City Manager Agenda Action Form Paducah City Commission Meeting Date: Au ust 4•" 2015 Short Title: Professional Engineering Services for Design and Construction Management of Park Development near 14" Street ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Steve Ervin, Mark Thompson, Sheryl Chino Presentation By: Mark Thompson; Steve Ervin Background Information: The City of Paducah has been awarded $600,000 through multiple funding sources to aid in the development of an outdoor health park located in the Fountain Avenue neighbo.,hood. The park, once fully developed, will feature outdoor fitness equipment, a walking trail, free play open field, community gardens, farmer's market, boundless playground, and commercial rental space for physical, mental, and dental health care. Furthermore, upper story living is also planned over the commercial rental space. The Park Services and Planning Departments have received a proposal from Brsndstetter Carroll and Shawnee Services for completion of final construction documents for the Health Park. Shawnee Services has already completed the initial grading and utility plan and Brandstetter Carroll completed the conceptual master plan in 2014, This plan was utilized for grant applications. Furthermore, Play by Design will be a separate contract to design the playground area. Play by Design will design the play structure with community input and help with installation. Following are the duties outlined in the proposal: Shawnee Professional Services (Engineering) Grading and Drainage Design Earth mound design Demolition (in previous contract) Utility coordination and design Pavement design (sidewalk and plaza/parking area) Bidding assistance Construction Administration Brandstetter Carroll Inc. (Architecture and Landscape Architecture) Overall park layout Playground and fitness area location (design by others) Splash Pad Design Restroom/Pump Room Design Landscape Planting design Community Garden design criteria and typical details (design by City) Overall Construction Documents coordination and compilation The fee for engineering services will be 8 -percent of the construction cost with is%timated at $1,300,000, making the fee for engineering services $104,000. Costs associated with engineering will be spread across 3+/- years. Engineering fees will be paid through the Land and Water Conservation Fund (LWCF) grant and the Foundation for Health Kentucky grant. The Park Services and Planning Departments are hoping to procure engineeringSarvices quickly so the City can begin start site preparation in the fall. Aaernda fiction Form Page 2 Goal: ❑ Strong Economy ® Quality Services ® Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Account Number: CD 0 0 f� 3 7� _ inan e Staff Recommendation: Authorize and direct the Mayor to execute a contract for profnal services with Brandstetter Carroll. Attachments: None ORDINANCE NO. 201 -8 - AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING AN AGREEMENT FOR DESIGN AND CONSTRUCTION MANAGEMENT FOR DEVELOPMENT OF A HEALTH PARK TO BE LOCATED NEAR 14TH STREET, 13TH STREET AND MART IN LUTHER KING, JR. DRIVE; AND AUTHORIZING THE EXECUTION OF SAID CONTRACT BE IT ORDANED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Recitals and Authorization. The City hereby approves the Agreement for Professional Design and Construction Management Services between the City of Paducah and Brandstetter Carroll, Inc., in substantially the form attached hereto as Exhibit A and made part hereof for the development of a health park to be located near 14'h Street, 13`h Street and Martin Luther King, Jr. Drive. It is further determined that it is necessary and desirable and in the best interests of the City to enter into the Agreement for the purposes therein specified, and the execution and delivery of the Agreement is hereby authorized and approved. Further, the Mayor of the City is hereby authorized to execute the Agreement. SECTION 2. Compensation. The City shall compensate Brandstetter Carroll, Inc., in accordance with Article 1 i of the Agreement. Said compensation paid by the City shall be funded through project account CDO083. SECTION 3. Severability. If any section, paragrap! or provision of this Ordinance shall be held to be invalid or unenforceable for any rl,ason, the invalidity or unenforceability of such section, paragraph or provision shall not Effect any of the remaining provisions of this Ordinance. SECTION 4. Compliance With Open Meetings laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 5. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 6. Effective Date, This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST Tamrnara S. Sanderson, City Clerk Introduced by the Board of Commissioners, August 4, 2015 Adopted by the Board of Commissioners, August 11, 2015 Recorded by Tammara S, Sanderson, City Clerk, August 11, 2015 Published by The Paducah Sun, \ord\pian agree -engineering services-heatthy park -14`x' st EXHIBIT A AGREEMENT Agreement for Professional Design Services MLK at 13th Street Health Park For the City of Paducah, Kentucky Aim BRANDSTEfTER 'J40 -SHAWNEE Professional CARROLL INC Professional Ser:ces Presented by: Brandstetter Carroll Inc. and Shawnee Professional Services Primary Responsibilities by Firm Shawnee Professional Services (Engineering) • Grading and Drainage Design • Earth mound design • Demolition (in previous contract) • Utility coordination and design • Pavement design (sidewalk and plaza/parking area; • Bidding assistance • Construction Administration Brandstetter Carroll Inc. (Architecture and Landscape Architecture) • Overall park layout • Playground and fitness area location (design by others) • Splash Pad Design • Restroom/Pump Room Design • Landscape Planting design • Community Garden design criteria and typical detals (design by City) • Overall Construction Documents coordination and ccrrnpilation Document B101`" -2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the eleventh day of August in the year 2015 (In words, indicate day, month and year,) 96ETWEEN the Architect's client identified as the Owner: City of Paducah 300 S. Fifth Street P. O. Box 2267 Paducah, KY 42002-2267 and the Architect: Brandstetter Carroll Inc. 2360 Chauvin Drive Lexington, Kentucky 40517 Telephone Number: 859-268-1933 Fax Number: 859-268-3341 for the following Project: Paducah Health Park l3th/l4th Street Paducah, Kentucky BCI Project No. 14107 The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added Information needed for Its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added Information as well as revisions to the standard form text Is available from the author and should be reviewed. A vertical Ilna In the left margin of this document Indicates where the author has added necessary Information and where the author has added to or deleted from the original AIA text. This document has Important legal consequences, Consultation with an attorney Is encouraged with respect to Its completion or modiflcatlon. Init. AIA Document B101111 -- 2007 (fomefly 13151TM — 1997). Copyright© 1974, 1978, 1987, 1997 and 2007tyrhe American Institute of Architects. All rights reserved. WARNING: This AIA11 Document Is protected by U.S. Copyright Law and Intematlonal Trtltag, Unauthorized reproduction or distribution of this A10 Document, or any portion of It, may result In severe civil and criminal penalties, and WII be prosecuted to the maximum extent possible l under the law. This document was produced by AlA software at 11:25:57 on 07/2412015 under Order No.461514813 1 which explres on 0411212016, and Is not for resale. User Notes: (1752323445) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBITA INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1. § 1.2 The Owner's anticipated dates for commencement of construction and Subdutiai Completion of the Work are set forth below: .1 Commencement of construction date: To be determined. .2 Substantial Completion date: To be determined, § 1,3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect scall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skillaad care ordinarily provided by architects practicing in the same or similar locality under the same or similar chcunttances, The Architect shall perform its services as expeditiously as is consistent with such professional skill ardcare and the orderly progress of the Project. Init. AIA Document 6101 TM — 2807 (formerly 8151- — 1997). Copyright O 1974, 1978, 1987, 1997 and 20075yTheAmerican Institute of Architects. All rights reserved, WARNING: This A] A° Document Is protected by U.S. Copyright Law and International Treaties. unauthorized reproduction or distribution 2 of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and v/I he prosecuted to the maximum extent possible 1 under the law. This document was produced by AIA software at 11:25:57 on 07/24/2016 under Order No.%61574813_1 which expires on 04112/2016, and Is not for resalo. User Notes: (1752323445) § 2.3 The Architect shall identify a representative authorized to act on behalf of ti:e Architect with respect to the Project. § 2.4 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 compromio the Architect's professional judgment with respect to this Project, § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: (Paragraph deleted) .1 General Liability .2 .3 .4 Commercial General Liability — Each occurrence $500,000 Lini_t Medical Expense (any one person) $5,000 limit General Aggregate $1,000,000 Products — Comp/OP Aggregate $1,000,000 Automobile Liability Liability - Bodily Injury 500,000/500,000; Property Damage 50,000 No -Fault 10,000 250 Deductible Comprehensive 500 Deductible Collision Emergency Road Service Car Rental & Travel Expense $25 per day, $600 maximum Uninsured Motor Vehicle — Bodily injury 250,000/500,000 Underinsured Motor Vehicle — Bodily Injury 250,000/500,000 Workers' Compensation Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease Professional Liability $100,000 each accident $100,000 each employee $500,000 Policy Limit Professional Liability -- Each Claim $1,000,000, Aggregate $2,000,L)M ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3,1 The Architect's Basic Services consist of those described in Article 3 and intlude usual and customary structural, mechanical, and electrical engineering services. Services not set forth iu Ills Article 3 are Additional Services. § 3,1,1 The Architect shall manage the Architect's services, consult with the Owntr,research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1,2 The Architect shall coordinate its services with those services provided bylbe Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in sichservices or information, § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work 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 Init. MA Document 81011° --2007 (formerly B75Iw —1997). Copyright ©1974, 1978, 1987, 1997 and 2007iyTfe American Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Trgtles. Unauthorized reproduction or distribution of this AIAa Document, or any portion of it, may result In severe civil and criminal penalties, and wil this prosecuted to the maximum extent possible 1 under the law. TKs document was produced by AIA software at 11:25:57 on 07124/2015 under Order No.M61574813_1 which explras on 0 411 212 01 6, and Is not for resale. User Notes: (1752323445) the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or subsfibltion made without the Architect's approval. § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.21 The Architect shall review the program and other information famished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's set -vices. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and surer Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shaid r ify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consoling services that maybe reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner, the ArcHlact shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship eFthe Project components, § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling, Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5,1 The Architect shall, consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aeshetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work The Owner may obtain other environmentally responsible design services under Article 4. § 12.52 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a designfor the Project that is consistent with the Owner's program schedule and budget for the Cost of the Work, § 3.2,6 The Architect shall submit to the Owner an estimate of the Cost of the Woicprepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. AIA Document 8101 m - 2007 (formerly 81517u - 1997). copyright © 1974, 1978, 1987, 1997 and 2007�y'T1aAmarlean Institute of Architects, All rights Init. reserved. WARNING: This At Am Document Is protected by U.S. Copyright Law and International Trestles. Unaulhorked reproductlon or distribution of this AIA11 Document, or any portion of It, may result Insevere civil and criminal penalties, and w'1 beprosecuted to the maximum extent posslhla under the law. This document was produced by AIA software at 11 25:57 on 07124/2015 under Order 1574813_1 which expires on G411212016, and is not for resale. User Notes; (1752323445) § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Develepment Documents shall illustrate 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 to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as maybe appropriate, The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work, § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval, § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Wor`.c, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall -consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Sanp!es and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the desigl requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shat assist the Owner in the development and preparation of (1) bidding and procurement information that desexibes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor, and (3) the Conditions of the Contract for Construction (General, Suppternentaryand other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms, § 3.4.4 The Architect shall update the estimate for the Cost of the Work. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (l; obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; 0) determining the successfW bid or proposal, if any, and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed 6r,tiact Documents, § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution taprospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retf,eval and of the amounts of deposits, if any, received from and returned to prospective bidders; .3 organizing and conducting a pre-bid conference for prospective bidd;rs; AIA Document 8101 r" — 2007 (formerly a15IT" —1997). Copyright ©1974, 1978, 1987, 1997 and 2007> 1 The American Institute of Architects. All rights Ir11t. reserved. WARNING: This Al A9 Document is protected by U,S. Copyright Law and IntematlonaI Trestles. Unauthorized reproduction or distribution of this AIAe Document, a any portion of It, may result Insevere civil and criminal pemalt les, and will he prosecuted to the maximum extent posslbIa 1 under the law. This document was produced by AIA software at 11:25:57 on 07/2,112015 under Order 1,10.04g 1574813_1 which expires on 04/12/2016, and Is not for resale. User Notes: (1752323445) .4 preparing responses to questions from prospective bidders and prcvidhg clarifications and interpretations of the Bidding Documents to all prospective bidde,3 in the form of addenda; and .5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner, § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 NEGOTIATED PROPOSALS § 3,5.3.1 Proposal Documents shall consist of proposal requirements and proposo+i Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by .1 procuring the reproduction of Proposal Documents for distributionto prospective contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors, and .3 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3,3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all propcciive contractors. § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6,1.1 The Architect shall provide administration of the Contract between the Gwmr and the Contractor as set forth below and in AIA Document A-2017t4-2007, General Conditions of the Cont=t for Construction. If the Owner and Contractor modify AIA Document A201-2007, those modifications shall notLffeet the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3,6.1,2 The Architect shall advise and consult with the Owner during the Constnction Phase Services, The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligtat acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Constructiaa Phase Services commences with the award of the Contract for Construction and terminates on the date the Areaitect issues the Coral Certificate for Payment, § 3,6.2 EVALUATIONS OF THE WORK § 3.6.2,1 The Architect shall visit the site at intervals appropriate to the stage of coastxuction, or as otherwise required in Section 43.3, to become generally familiar with the progress and qualiyof the portion of the Work completed, and to determine, in general, if the Work observed is being performed namanner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. 3ovvever, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the qualty or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informedatbeat the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviationsrom the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) dttects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authcrityto require inspection or testing of the Work in accordance with the provisions of the Contract Documents, 7/hether or not such Work is fabricated, installed or completed. However, neither this authority of the Architectlora decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or respoisibiiity of the Architect to the AIA Document B101 m — 2007 (formerly 8151 TM —1997). Copyright© 1974, 1978, 1987, 1997 and 2007'syri,e American institute of Architects. All rights lnit. reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and Intematlonal Tre}t!SL Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and w,I W prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:25:57 on 07/24/2015 under Order No.C161574813_1 which expires on 00212016, and Is not for resale. User Notes: (1752323445) Contractor, Subcontractors, material and equipment suppliers, their agents or em-)loyees or other persons or entities performing portions of the Work. § 3,623 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith, The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as a3 Initial Decision Maker, as that term is defined in AIA Document A201-2007, the Architect shall render initial dtcisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6,3.1 The Architect shall review and certify the amounts due the Contractor andsball issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordancevtitli the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for cori-armance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to spaiflc qualifications expressed by the Architect, § 3,6.3.2 The issuance of a Certificate for Payment shall not be a representation thattbe Architect has (L) made exhaustive or continuous on-site inspections to check the quality or quantity of the `Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used montypreviously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment, § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall sat unreasonably delay or withhold approval, The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect -approved submittal schedule, the Archi:set shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawi.igs, Product Data and Samples, but only for the limited purpose of checking for conformance with information giv-_n and the design concept expressed in the Contract Documents. Review of such submittals is not for the put) ase of determining the accuracy and completeness of other information such as dimensions, quantities, and installaiion or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shallnot constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any coastnmctica means, methods, techniques, sequences or procedures. The Architect's approval of a specific item s}.all not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, he strchitect shall specify the appropriate performance and design criteria that such services must satisfy. The Atcllilect shall review Shop telt AIA Document 8101114 — 2007 (formerly 8151 ru — 1997). Copyright © 1974, 1978, 1987, 1997 end 2007 syrts American Inslituts of Architects. All rights reserved. WARNING: This AIM Document Is protected by U.S. Copyright Law and International Treaters, unauthorized reproduction or distrlbutlon of this AIA® Document, or any portion of It, may result In severe civil and criminal penaltles, and wll rleprosecuted to the maximum extent possible j under the law. This document was produced by AIA software at 11:25:57 on 07124120115 under Order No.0461574913_t which expires on 04/12J2016, end Is not for resale. user Holes: (1752323445) Drawings and other submittals related to the Work designed or certified by the dtsign professional retained by the Contractor that bear such professional's seal and signature when submitted to theArchitect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, ceit&ations and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and tcspond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Doctamrts the requirements for requests for information. Requests for information shall include, at a minimum, a detailedwritten statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the ¢Larification requested, The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supp:amental Drawings and Specifications in response to requests for information, § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submitais supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6,5 CHANGES IN THE WORK § 3.6.5,1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5,2 The Architect shall maintain records relative to changes in the Work. § 3.6,6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of3abstantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive frog tilt Contractor and forward to the Owner, for the Owner's review and records, written warranties and related doa nnents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payaml based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and complete:ess of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shallistform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage re the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds inderr reifying the Ownel against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6,6,5 Upon request of the Owner, and prior to the expiration of one year from 6,e dale of Substantial Completion, the Architect shall, without additional compensation, conduct a meetig with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may;erequired for the Project. The Architect shall provide the Listed Additional Services only if specifically designatal in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provid;d is Section 11.2. AIA Document 81011"— 2007 (form arty 8151 w —1997). Copyrlght© 1974, 1978, 1987, 1997 and 20071yTheAmerican Institute of Architects. All rights Inst. reserved. WARNING; This AIA'e Document is protected by U.S. Copyright Law and International Tr<l1!as. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and W:I be prosecuted to the maximum extent possible ( under the law. This document was produced by AIA software at 11:25:57 on 07124/2015 under Order No.N6i 574813_1 which expires on 0411212016, and Is not for resale. User Notes: (1752323445) Additional Services Responslblllty (Architect, O11mer or Not Provided) Locatlon of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below 4.1.1 Programming (13202TM-2009 NIA 4.1,2 Multiple prehminaty designs N/A 4.1.3 Measured drawings N/A 4.1,4 Existing facilities surveys 4.1.5 Site Evaluation and Planning (B203 T--2007) N/A § 4.1.6 Building Information Modeling E202T"L2008 N/A 4.1.7 Civil engineering A 4.1,8 Landscape design A 4.1.9 Architectural Interior Desi 252T)&-2007 NIA 4.1.10 Value Analysis 204Tm --2007 N/A 4.1.11 Detailed cost estimating N/A 4.1.12 On-site Project R resentation 207TM-2008 N/A 4.1.13 Conformed construction documents N/A 4.1.14 As-Designed Record drawings N/A 4.1,15 As-Constructed Record drawings N/A § 4.1.16 Post occupancy evaluation N/A 4AA7 Facility SU220rt Services 2IOT11-2007 N/A 4.1.18 Tenant-related services N/A 4.1.19 Coordination of Owner's consultants NIA 4.1.20 Telecommunications/data design N/A § 4.1.21 Security Evaluation and Planning B206--2007 N/A 4.1.22 Commissioning B2117h1-2007 N/A 4.1.23 Extensive environmentally responsible design N/A 4.1.24 LEED® Certification B214TK-2012 N/A _ 4.1.25 Fast-track design services N/A 4.1.26 Mstoric Preservation B205Tm-2007 N/A § 4,1.27 Furniture, Furnishings, and Equipment Design 253Tm-2007) N/A N/A = Not Applicable § 4.2 Insert a description of each Additional Service designated in Section 4.1 as Ute Architect's responsibility, if not further described in an exhibit attached to this document, § 43 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances givingrise to the need. The Architect shall not proceed to provide the following services until the Architect receives theOwaer's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; AIA Document B101 TN — 2007 (formerly 8151'u —1997). Copyright ©1974, 1978, 1987, 11997 and 20074VTI a American Institute of Architects, All rights ]nit. rasa rved. WARNING: This A] K5 Document Is protected by U.S. Copyright Law and IntematlonaI Trratles. Unaulhorized reproduction or distribution of lhIs AIAa Document, or any portion of It, may result in severe civil and criminal penalties, and wit be prosecuted to the maximum extent possible 1 under the law. This document was produced by AIA software at 11:25:57 on 07124/2015 under order No.0461574ai3_4 which expires on 04/1212016. end fs not for resale. User Notes: (1752323445) .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEEDO certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in atimely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to 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 presentation, meeting or hearing; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Arcbitect is party thereto; .S Evaluation of the qualifications of bidders or persons providing praposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, tine Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: 1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Cvmer-provided information, Contractor -prepared coordination drawings, or prior Project corregondence or documentation; .3 Preparing Change Orders and Construction Change Directives thatrequire evaluation of Contractor's proposals and supporting data, or the preparation or revision of Insti ments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Xaker; .5 Evaluating substitutions proposed by the Owner or Contractor and nalcing subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2i the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier. § 413 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, samp'; and similar submittal of the Contractor .2 Ten ( 10 ) visits to the site by the Architect over the duration of theP'roject during construction .3 One( 10 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of theContract Documents .4 One ( 1 ) inspections for any portion of the Work to detemiirte final completion § 4.3.4 If the services covered by this Agreement have not been completed within Aenty-four ( 24 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written progr3rlt which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirement) and relationships, flexibility, expandability, special equipment, systems and site requirements, Within 1S days aier receipt of a written request AIA Document B10119 - 2007 (formerly B151- -1997). Cepyrlghl © 1974, 1978, 1987, 1997 and 2007 ;y The Amodcen Inslltule of Architects. All rights telt. reserved. WARNING: Th Is AI AD Document Is protected by US. Copyright Law and IntematlonaI Tretttes. Unauthorized reproduction or distribution 10 of this AIAa Document, or any portion of It, may result in severe civil and criminal penalties, and wit he prosecuted to the maximum extent possible ! under the law. This document was produced by AIA software at 11:25:57 on 07/24/2015 under Order No.0i61574813_1 which expires on 0411212016, and Is not for resale. User Notes: (1752323445) fi•om the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights, § 5.2 The Owner shall establish and periodically update the Owner's budget for lite Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; aid, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thareafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's iehalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's servi.es. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and:e9al information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property Ead structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning,deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to exisiirgbaildings, other improvements and trees; and information concerning available utility services and lines, both ptrolic and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall fiu-nish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil hearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operati3as for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect, Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of conseltants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriateto the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or theContxact Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tess fcr hazardous materials. § 5.8 The Owner shall furnish all legal, insurance and accounting services, includi>g aaditing set -vices, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner'oecoines aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communicafons have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. Re Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate he Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's servic-s set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to coMriencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever t is in preparation or progress. InIL AIA Document 8101° — 2007 (formerly 8151 m —1997), Copyright© 1974, 1978, 1987, 1997 and 2007 bt Ths American lnslitute of Archllecls, All rights reserved. WARNING: This AIAO Document Is protected by U.S. Copyright Law and International Treij3eto.UnauthorIzed reproduction or distribution 11 of this A3Am Document, or any portion of It, may result In severe civil and criminal penalties, and wlllba prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:25:57 on 0712412015 under Order NO.0431574813_1 which expires on 0 411 212 0 1 8, and is not for resale. User Notes: (1752323445) ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of Work includes fees paid to a Construction Manager (CM) if the CM delivery method is selected by the Owner. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5, Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipneut; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary froca the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation preparedor agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permittedto include contingencies for design, bidding and price escalation; to determine wbat materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work.'The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market, § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjyst the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments, § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Conbuction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the 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 quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, withoutidditional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6. i. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Serice, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols goveming such transmissions. AIA Document 8101- — 2007 (formerly 8151m —1997). Copyright© 1974, 1978, 1987, 1997 and 2007 iyrta American Institute of Archltecls. All rights ]nit. reserved. WARNING: This AIA" Document Is protected by U.S. Copyright Law and International Trett.s. Unauthorized reproduction or distribution 12 of this AIA& Document, or any porllon of it, may result In severe civil and criminal penalties, and wit to prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:25:57 on 07124/2015 under Order No.O;g! 574813-1 which expires on 00212016, and Is not for resale. User Notes: (1752323445) § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is aot to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultaits. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement, The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement, The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions o!the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If tae Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7,3.1 In the event the Owner uses the Instruments of Service without retaining b.e author of the instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all daims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indvmify and hold harmless the Architect and its consultants fi•om all costs and expenses, including the cost of defessa, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise fi om the Owner's use of the Instrtunents of Service under this Section 7.3. 1, The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7,4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge of otherwise transfer any license granted herein to another party without the prior written agreement of the Architect Any unauthorized use of the histtuments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordame with the requirements of the method of binding dispute resolution selected in this Agreement within the periodspecified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Seclon 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2007, General Conditions of the Contract for Construction. The Owner or the ArcWtect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in Favor of the other parties enumerated herein. § 8,1,3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7, § 8.2 MEDIATION § 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. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution, § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American AIA Document BIOiw - 2007 (formerly a15im -1997). Copyrlght © 1974, 1978, 1987, 1997 and 2007byThe American Institute of Architects. All rights Init. reserved. WARNING: This AfA& Document Is protected by U,S. Copyright Law and International Trsat!a3. unauthorized reproduction or distribution 13 of this AIA0 Document, or any portion of it, may result In severe civil and criminal penalties, and u$I be prosecuted to the maximum extent possible 1 under the law. This document was produced by AIA software at 11:25:57 on 07124/2015 under Order No,461574813_1 which expires on 041i2t2016, and is not for resale. User Notes; (1752323445) Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation, The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings, § 8.23 The parties shall share the mediator's fee and any filing fees equally. Thernediation shalt be held in the place where the Project is located, unless another location is mutually agreed upon, Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 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: [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X j Litigation in a court of competent jurisdiction [ ] Other (Specify) § 8.3 ARBITRATION § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreemeat subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Indust!l Arbitration Rules in effect on the date of this Agreement, A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration, § 8,3. 1.1 A demand for arbitration shall be made no earlier than concurrently witb be filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations proposes, receipt of a written demand for arbitration by the person cr entity administering the arbitration shall constitute the institution of legal or equitable proceedings based c,-, the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8,3,3 The award rendered by the arbitrator(s) shall be final, and judgment may h ettered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 CONSOLIDATION OR JOINDER § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve cornrnon questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entifes substantially involved in a common question of law or fact whose presence is required if complete relief is tube accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Coaa,ent to arbitration involving an Init. AIA Document 8101 m — 2007 (formerly B151TM — 1997). Copyrlght ©1974, 1978, 1987, 1997 and 2007pyThe Amerlcan InsUluie of Archltecls. All rights reserved, WARNING: This AIAs Document Is protected by U.S. Copyright Law and Intematlonal Trtatles. Unauthorized reproduction or distribution 14 of this AIA& Document, or any portion of It, may result In severe civil and criminal penalties, and W11 beprosecuted to the maximum extent posslbte under the law. This document was produced by AIA software at 11:25:57 on 07/24/2015 under Order No.e.gl 574813_1 whlch explres an 04112120116, and is not for resale. User Notes; (1752323445) additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3,4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the 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 of performance of services under this Agreement, If the Architect elects to suspecd services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Ovmer because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's set -vices. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted, § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' w-i!ten notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause, § 9.6 Tn the event of termination not the fault of the Architect, the Architect shall'cecompensated for services performed prior to termination, together with Reimbursable Expenses then due ani all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect, § 9.8 The Owner's rights to use the Architect's Instruments of Service in die event Ora termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be. governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General Conditions of the Contract for Construction. § 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 Agreement without the written consent of the other, except that the Owner may assign this Agreement to alender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations undertbis Agreement. AIA Document B101 TO - 2007 (formerly 8151 ru - 1997). Copyright ©1974, 1978, 1987, 1997 and 2007',y rhe American Institute of Architects. At rights Init. reserved, WARNING; This AW Document Is protected by U.S. Copyright Law and Internatlonal Trettlas, unauthorized reproduction or distribution 15 of thls AIAm Document, or any portion of it, may result In severe civil and criminal penalties, and wit 6e prosecuted to the maximum extent possible 1 under the law. Thos document was produced by AIA software at 11:25:57 on 07/2412015 under Order NoA161514813_1 which expires on 04/1212016, and Is not for resale. Us ar Notes: (1752323445) § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested datesof execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a fender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10,6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project, § 10.8 If the Architect or Owner receives information specifically designated by tae other party as "confidential' or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perforin services or construction solely and exclusively for the Project, or (3) iit consultants and contractors whose contracts include similar restrictions on the use of confidential information § 10,9 Betterment. If a required item for the Project is omitted from the design documents prepared by the Architect, The Architect will not be responsible for paying the cost required to add such item, to the extent that such item or component would have been included or required in the original Contract Documents for the Project, except to the extent there are additional costs associated with including the item and/or component at the later time. The Architect will not be responsible for any of the cost or expense related to upgrades or enhancements to the Project added at the Owner's discretion. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner sball compensate the Architect as follows: At a rate of eight percent (8%) of the approved construction cost. For items that maybe designed at this time but not included in the initial construction package, the Architect shall be paid at the same rate and at the percentages of the phases completed as identified in Article 11.5. § 11.2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Architect as follows: Civil Engineering and Landscape Design are included in the Basic Services Fee. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: Architect's standard hourly rates at the time the additional services are authorized. The Architect shall not proceed to provide additional services until the Architect receives the Owner's written authorization. § 11.4 Compensation for Additional Services of the Architect's consultants when tot included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus ten percent ( 10 %), or as otherwise stated below: AIA Document 8101' — 2007 (formerly 8151'" — 1997), Copyright © 1974, 1978, 1987, 1997 and 20071)yTke American Institute of Architects, All rights Inst. reserved. WARNING: This A] AO Document Is protected by U.S, Copyright Law and International Treatles, Unauthorized reproduction or distribution 16 of this AIA& Document, or any portion of It, may result Insevere civil and criminal pan aftles, and wit be prosecuted to the maximum extent possible 1 under the law. This document was produced by AIA software at 11:25:57 on 0712412015 under Order No,Q61574413_1 which expires on 0411212018, and Is not for resale. User Notes: (1752323445) § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase Fifteen percent ( IS %) Design Development Phase Fifteen percent ( 15 %) Construction Documents Forty-five percent ( 45 %) Phase Bidding or Negotiation Phase Five percent ( 5 %) Construction Phase Twenty percent ( 20 %) Total Basic Compensation one hundred percent ( 100 %) § 11,6 When compensation is based on a percentage of the Cost of the Work andanyportions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forte in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project, The Architect shall be entitlad to compensation in accordance with this Agreement for all services performed whether or not the Construction PSase is commenced. (Table deleted) (Paragraphs deleted) § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8,1 Reimbursable Expenses are in addition to compensation for Basic and Alditional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows; ,1 (Paragraphs deleted) Fees paid for securing approval of authorities having jurisdiction over the Pxoject; .2 Expense of overtime work requiring higher than regular rates, if aubori2ed in advance by the Owner; ,3 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .4 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normaLly carried by the Architect's conFaltants; A All taxes levied on professional services and on reimbursable expenses; .6 Site office expenses; and .7 Other similar Project -related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ten percent ( 10 %) of the expenses incurred. § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or theArchitect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation,, °or the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using ani maintaining the Project as follows; § 11.10 PAYMENTS TO THE ARCHITECT § 11,10.1 An initial payment of zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the `,rid invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly i; proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid thirty ( 30 ) AIA Document 8101 " — 2007 (formerly 8151TM —1997), Copyrlght ©1974, 1978, 1987, 1997 and 2007yy-rhe American Institute of Architects. All rights ]nit. reserved. WARNING: This AI Aa Document Is prote eta d by U.S. Copyright Law and Into motional Trades. Unauthorized reproduction or distribution 17 of this AMI Document, or any portion of It, may result In severe civil and criminal penalties, and wlf be prosecuted to the maximum extent possible ! under the law. This document was produced by AIA software at 11:25:57 on 07124/2015 under Order No ;161574813_1 which explras an 04112/2016, and Is not for resale. User Notes: (1752323445) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Paragraphs deleted) § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and die Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 101 TM --2007, Standard Form Agreement Between Owner and Architect (Paragraphs deleted) This Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) Date ARCHITECT (Signature) Lawrence W. Brandstetter, President (Printed name and title) Date Init. AIA Document 8101" — 2007 (formerly B151 TM — 1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 18 of this AIAs Document, or any portion of it, may result Insevere civil and criminal penalties, and w0be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 11:25:57 on 07/24/2015 under Order No.0431574813_1 which eplres on 002/2016, and is not for resale. User Notes: (1752323445) Agenda Action Form Paducah City Commission Meeting Date: August 4, 2015 Short Title: Authorize a Contract with Mott Electric, LLC for the Police Station Emergency Generator Project ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On June 30, 2015, sealed written bids were opened and read aloud for the Police Station Emergency Generator Project. The Project consists of the installation of a 150 KW diesel powered emergency generator with an automatic transfer switch on a newly constructed concrete pad at the Police Station. Two responsive bids were received, with Mott Electric, LLC, submitting the lowest responsive bid in the amount of $115,250. Marcum Engineering has reviewed the specifications of the two generators submitted by the Mott Electric, LLC, and has recommended the Cummins Crosspoint generator (recommendation attached). This Project is being partially funded thru the Kentucky Office of Homeland Security in the amount of total amount of $75,000. The remainder will be funded by City Funds. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Project Account: P00083 Account Number: 040-3315-5322307 Finan e Staff Recommendation: To receive and file the bids and adopt an Ordinance authorizing the Mayor to execute a contract with Mott Electric, LLC, in the amount of $115,250 for the Police Station Emergency Generator Project. Attachments: Bids, Bid Tab, Advertisement and Proposed Contract ORDINANCE NO. 2015 -8 - AN ORDINANCE ACCEPTING THE BID OF MOTT ELECTRIC, LLC FOR THE PURCHASE OF ONE EMERGENCY GENERATOR TO BE INSTALLED AT THE PADUCAH POLICE DEPARTMENT, AND AUTHORIZNG THE MAYOR TO EXECUTE AN AGREEMENT FOR SANTE BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY; SECTION 1. That the City of Paducah accepts the bid of Mott Electric, LLC in the amount of $ 115,250, for the purchase of one new emergence generator to be installed at the Paducah Police Department, said bid being in substantial compliance with bid specifications, and advertisement for bids, as contained in the bid of Mott Electric, LLC of June 30, 2015, SECTION 2. That the Mayor is hereby authorized to execute an agreement for the purchase of the emergency generator, authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid SECTION 3. This expenditure shall be charged to P00083 Project Account, ,�F.C'TTON 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST Tammara S. Sanderson, City Clerk introduced by the Board of Commissioners, August 4, 2015 Adopted by the Board of Commissioners, August 11, 2015 Recorded by Tammara S. Sanderson, City Clerk, August 11, 2015 Published by The Paducah Sun, \ord\police\agree-emergency generator 8-2015 A F - z w h CL LU 0 Lo X O J 0 a c� z w W W z Z LU U w O a' a O W z LL) 0 Ln 0 N O M m c T C3 V) d M z Z LU (L O W F- a 0 o � o F- o 0 0 0 0 o 0 O CD D o) o0 6 00 �` •7 O NLn LIO O L% C(� 67 cMo L EA 69 69 r E o ' O L U V Z L O W W W a bi �d)/ o m W 'It " Vi L w O O O o Q U 1- U O o 0 0 CDo z o d Ln 0 CD 64) bq 0 z O O O O O O O O O d CD 0 O 00 p Cl oo o N N N 00 CB r UQ J � 69 V) U J C cD } 6A u o � x cn U) cn y Co 0 W T O m o X a a 0 CD 0 O W U o0 0 0 00 0O z O LO N a 00 E ZE w w 7 J U) 7 J H z Q — N �4 N � C LU U LU a m �_ m _ � O Y`o Q f' m w U) o UQ LUw U U CK LL 0 _L) Q OC z is 3 a) a U) � C: o o L) z ro 0. O z CD U)U v w o o U U uj W m U)_ f- o •` a U z LU Q m U UI v q Oco O N W U a c' U E o c w m 0 --°o > 2 '- •- LL cp 'm w cn WD Y o � is w a m m V) Z O U O U — o � Q o atsi LL cc z Of - °° 0 ui a � *T r N M V w w o Q�l I Q' m 1 EV MARCUM 1W ENGINEERING, LLC July 20, 2015 Mr. Rick Murphy P.E. City Engineer 300 South 5th Street P.O. Box 2267 Paducah, KY 42002-2267 Re: Generator Recommendation Police Department Generator Installation Marcum No. 09599 Dear Rick: Marcum Engineering has reviewed proposed generator submittals for the reference project. Based on this the Cummins unit proposed by Cummins Crosspoint is recommended as being the best value. If you have any questions, please contact me. Sincerely, MARCUM ENGINEERING, LLC David M. Ury, P.E. Project Manager 500 South 17th Street - P.O. Box 120 • Paducah, KY 42002-0120 Phone 270-444-9274 • Fax 270-443-1904 www, marcu meng i neeri ng . net 00500 AGREEMENT Page 1 oft CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT AGREEMENT FOR POLICE STATION GENERATOR PROJECT THIS AGREEMENT, made this day of , 2015 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and MOTT ELECTRIC, LLC, hereinafter called the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE 1, SCOPE OF WORK The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and services necessary for the construction of the Police Station Generator Project. All Work shall be in accordance with this Agreement, the Plans, Specifications and any Addendum(s) issued Throughout the performance of this Contract, the Engineering -Public Works Department of the City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of Paducah All work done by the Contractor shall be completed under the general supervision of the Engineer. ARTICLE 2, TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Contractor hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the project within One Hundred and Twenty (120) consecutive calendar days thereafter. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein: One Hundred Fifteen Thousand Tavo Hundred Fifty Dollars and no cents ($115,250.00) as quoted in the Bid Proposal by the Contractor dated June 30, 2015, which shall constitute full compensation for the work and services authorized herein. ARTICLE 4. PROGRESS PAYMENTS The Contractor may submit a Request for Payment subsequent to satisfactory performance of the required Work In accordance with all of the provisions thereof and upon approval by the Owner. The Owner agrees to make Payment to the Contractor within Thirty (30) days after receipt of a properly completed invoice. The Owner reserves the right to withhold any of all payments or portions thereof if the Contractor fails to perform in accordance with the provisions of the contract. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT The Contract will be considered complete when all Work has been finished, the final inspection made by the Owner/Engineer and the Final Payment has been made to the Contractor. ARTICLE 6 GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. 00500 AGREEMEiiNT Page 2 of 2 ARTICLE 7. THE CONTRACT DOCUMENTS The Plans, Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. MOTT ELECTRIC, LLC BY _ TITLE CITY OF PADUCAH Izz Gayle Kaler, Mayor ADDRESS: ADDRESS: Post Office Box 176 Post Office Box 2267 West Paducah, Kentucky 42086 Paducah, Kentucky 42002-2267