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Police Training Center/Range Design & Engineering Contract =AIA Document B103TM - 2007 Standard Form of Agreement Between Owner and Architect for a Large or Complex - - -Project. - - / I. AGREEMENT made as of the 12th day of June in the year 2017 anwords, indicate day,.month and year.) ADDITIONS AND DELETIONS: /\\ The author of this document has �\ BETWEEN the Architect's'Client identified as the Owner: added information needed for its ' (Nome, legal status,"address and other information) completion.The author may also , ; / have revised the text of the original City of Salina ) ,. ALA standard form.An Additions and 300 W./Ash Stieet Deletions Report that notes added Salina(Kansas'67401 7 ; information as well as revisions to the / /- / / 7t standard form text is available from , •- , , / f . - / the author and should be reviewed.A and the Architect: 7 ' vertical line in the left margin of this / • / / document indicates where the author (Name, legal status, address,and other information) / i ' / i 7 _ has added necessary information / / and where the author has added to or Police ycility,Design Group. PA N / deleted from the original AIA text. \\,.,/ / 500/6Tand Blvd, Suite 101A i ' ' Kansas City, MO 64106 / This document has important legal (\\‘ it �I' \ v� // consequences.Consultation with an ��"� �/A attomey is encouraged with respect '. i for the following Project:// ; to its completion or modification. -~ ,(Name, location and detailed description) - 'Salina Police eTrainine Center/Ranee 1960 West State Street:.Salina, KS • Design andconstruction services for an.indoor/outdoor firing range, simulation training. roan classoms d supportfacilities;and specialty use vehicle garage. The Owner and Arcliitect a gee.as.follows. \ --<„,„ / 7 i N .i 4/ 7 N.., ' \ \ 1 1 \ AIA Document B103n,—2007.Copyright02007 by The American Institute of Architects.All rights reserved.WARNING:This me Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in 1 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at I 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017,and is not for resale. User Notes: (858936930) TABLE OF ARTICLES 1 1 INITIAL INFORMATION -- -2. _ .ARCHITECT'S RESPONSIBILITIES . . 3 / SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONALiSERVICES ' 5 : OWNER'S RESPONSIBILITIES - 6 COST OF THE WORK ' \ r 7 COPYRIGHTS AND LICENSES // ' ' 8/ / CLAIMS AND DISPUTES / 9 TERMINATION OR SUSPENSION / / / ' / ' \ ��10 / .MISCELLANEOUS PROVISIONS / ; / / � / ' I 11 / COMPENSATION \ /r / /i C / i / , 12 SPECIAL TERMS AND CONDITIONS t j ( i / // N \ 73 SCOPE OF T E AGREEMENT \1 /RTICLE 1 �INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section I.1. ' (Note the disposition for the following items by inserting the requested information or a statement such as "not � . , applicable,.""unknown at time of execution"or "to be determined later by mutual agreement.') i , - / ' § 1.1.1 The Owner's pio..".e' tam for.the Project: (ldentifi�documentation'oi state the manner in which the program will be developed) • �A ��.� % I `Need Assessment for a New Police Department Training Center and Firing Range dated November 2015. Follow up \ review and revisionto be provided under this Agreement by Architect in cooperation with the Salina Police Department. /✓ , The Projects physical ch § 1.1.2 aracteristics: (Iden ,or describe;_if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical - \ reports;,site, boundary and topographic surveys; traffic and utility studies;availability of public and private utilities ' and services; legal description of the site;etc-) \, \ \\ New'construction of a building structure consisting of an indoor/outdoor firing ranee,classrooms,and support space: and a separate garage structure as initially defined in the November 2015 report. I § 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) To be determined. § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: AIA Document B103"'—2007.Copyright 02007 by The American Institute of Architects.All rights reserved.WARNING:This AIA°Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA° Document,or any portion of it,may result in 2 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at t 17:15:05 on 06/07/2017 under Order No.1883535755 1 which expires on 11/21/2017,and is not for resale. User Notes: (858936930) Design Completion:August 31,2017 100%Construction Documents: December 31, 2017 Bidding: January 2018 - .2 Commencement of construction: / _ / First quarter, 2018 .3 ,"Substantial'Completion date or milestone dates: \ I Spring 2019 pending Contractor approved construction schedule. . 4 Other: ,/ , ' • / / 1 / / / / 1 §1.1.5 The Owner intends the following procurement or delivery method for the Project: (Identify method such as competitive bid, negotiated contract or construction management.) .Competitive Bidding . A\ i § 1.1.6/The Owner's requirements for accelerated or fast-track scheduling,multiple bid packages, or phased construction are set.forth below: \ ; (List number and type of bid/procurement packages.) / \`, ''j§/1.1.7 Other'Project information: 41dentifr special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservation requirements.) Employment of energy efficient./sustainable design strategies. No LEED requirement. ' - § 1.1.8 The Owner identifies the follolcing representative in accordance with Section 5.4: ' \(List name,_address and other information) Brad Nelson.Chief of Police Salina Police Department \ 255'190'11h Tenth Street Salina Kansas 67401 f - _ A § 4.1.9 The persons ortientities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Ownerareas follows: -(List name,address and other information) § 1.1.10 The Owner will retain the following consultants and contractors: (List name, legal status, address and other information) .1 Cost Consultant: N/A AIA Document B103"'-2007.Copyright 02007 by The American Institute of Architects.All rights reserved.WARNING:This AIA`Document is protected by Init. U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIA° Document,or any portion of it,may result In 3 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at / 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017,and is not for resale. User Notes: (858936930) .2 Scheduling Consultant: t I N/A � /' , .3 Geotechnical Engineer: TBD ' / ,` ; I /' / A Civil Engineers . / v- I' / N/A, UndeiArchitecrsScope / 7 / ' y // �V / l ir7 ti/----- y /• .5 COthei. if any: (List any other consultants or contractors retained by the Owner, such as a Project or Program ,Manager, construction contractor, or construction manager as constructor.) I - , Lead Remediation.TBD § 1;1.11 The Architect identifies the follo«ing representative in accordance with Section 2.3: •(List name, address and other it i . James Estes ' . N 500 Grand Blvd, Suite 5201A v Kansas City. MO 64106 816-298=6700.x 302 ' james.estes@policearchitecticom "‘ § 1.1.12-TICE Architect.,Will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address and other information.) i -§ 1:1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: Bob D. Campbell&Associates 4338 Belleview Kansas City, MO 64111 .2 Mechanical Engineer: AIA Document 8103' -2007.Copyright 0 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by Mit. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 4 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at i 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017,and is not for resale. User Notes: (858936930) Hoss& Brown Engineers 11205 W 79th Street Lenexa, KS 66214 .3 Electrical Engineer: -- - - Hoss&Brown Engineers ".I 1205,W 79th Street Lenexa, KS 66214 • .4 Civil Engineer: • � l 1 / Firm to"be determined. // §1.1.12.2-Consultants retained under Additional Services: / , / / , § 1:1.13 Other Initial Information on which the Agreement is based: / � I N/A - I 7 7 i § 11.2 The Owner,atd 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 shall appropriately adjust the I schedule,the/Architect's services and the Architect's compensation. r A• RTICLE 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 skill and care ordinarily provided by architects practicing inthe.same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. Architect shall cause its consultants and subconsultants to be bound to the Architect and the Owner by the identical standard of care:and shall include appropriate provisions in any agreements between the Architect and the Architect's subconsultants. 1N § 2.3 The Architect's representative identified in Section 1.1.11 is authorized to act on behalf of the Architect with respect to the Project. Architect shall not replace its representative without the written authorization of the Owner. • § 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 compromise the Architect's professional judgment with respect to this Project. - - § 2.5 The Architect agrees to obtain insurance coverage as specified in Exhibit A,attached hereto,and shall not make any material modification or change which has the effect of reducing the coverage required by these specifications without the prior approval of the Owner. If the Architect subcontracts any of its obligations under this Agreement,the Architect shall require each such subconsultant to obtain insurance coverage as specified in Exhibit A. Failure of the Architect or its subconsultants to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Architect of liability. § 2.5.1 All insurance policies shall be issued by insurance companies rated no less than A- VII in the most recent "Bests" insurance guide,and admitted in the State of Kansas. Except as otherwise specified in Exhibit A.all such AIA Document 8103"—2007.Copyright 0 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document Is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of It,may result in 5 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017.and is not for resale. User Notes: (858936930) policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. § 2.5.2 The parties acknowledge that the Architect has provided the Owner with a certificate of insurance listing the Owner as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The - - _-Owner reserves the right to require complete certified copies of all insurance policies procured by the Architect pursuant to this Agreement, including any and all endorsements affecting the coverage required hereunder. �--§ 2.5.3 Intentionally deleted. -1 § 2.5.4 Intentionally deleted. § 2.5.5 Intentionally deleted. § 2.5.6 intentionally deleted. ARTICLE 3 "SCOPE OF ARCHITECT'S BASIC SERVICES § 3,1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical,and electrical engineering services. Services not set forth in this Article 3 are Additional Services. / ; . 'N\ ' § 3.1.1 The Architect shall manage the Architect's services and the services of its consultants and subconsultants. consult with the Owner. research applicable design criteria,attend Project meetings,communicate with members of ' the Project team and deport progress to the Owner. The Architect shall be responsible for the acts and omissions of its consultants and subconsultants in the performance of their services in connection with the Project. • \l § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's i 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 attire of any error,omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit to the Owner and the Scheduling Consultant a schedule of the Architect's services for inclusion in the Project schedule.The schedule of the Architect's services shall include design milestone dates,anticipated dates when cost estimates or design reviews may occur,and allowances for periods of time required(I) for the Owner's review(2)for the performance of the Owner's consultants,and(3) for.approval of submissions by authorities having jurisdiction over the Project. N.\§,3.1.4 Upon the Owner's reasonable request,the Architect shall submit information to the Owner and the Scheduline Consultant and parti`ci'pate in developing and revising the Project schedule as it relates to the Architect's services. _§ 31,5 Oncethe Owner and the Architect agree to the time limits established by the Project schedule,the Owner and the Architect shall not exceed them, except for reasonable cause. The Architect shall provide the Owner reasonable amounts of time to make decisions;provide information,or otherwise fulfill any obligations of the Owner or Owner's _ separate contractors\ § 3..1.6 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's -approval. \_ § 3.1:7 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. § 3.1.8 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. AIA Document B103'-2007.Copyright®2007 by The American Institute of Architects.MI rights reserved.WARNING:This Ale Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in 6 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017,and is not for resale. User Notes: (858936930) § 3.1.9 Interior Design,consisting of the selection of all interior finish products and materials, including,but not limited to floor coverings,wall coverings, fixtures.cabinetry, and paint.Colors to be coordinated with Furnishings provided by others. 3.1.10 Furnishings consisting of tables, chairs, workstations, filing cabinets, shelving,etc. are not included in Architects scope for bid documents. Architect's design plans will identify the quantity, locations,and approximate size forthese furnishings,and facilitate engagement of furnishings vendors on the Owner's behalf. § 3:1.11 Telecommunications/data design: Provided under the all requirements of the Basic Services Agreement, consisting of the identification, location,and specification of all phone and data termination points and a point of demarcation. Includes whole building paging integrated with phone system. (Does not include phone system or file server selection). §3.1.12 Security Design:Provided under the all requirements of the Basic Services Agreement,Architect will provide an integrated building/site design incorporating door and access control, alarm notification,audio/video monitoring, • and fire and smoke alarm.• / / / § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 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 services. The Architect shall evaluate the Need Assessment of ' November 2015 and provide the Owner with any recommendations that provide for the facility to be designed more •:\ efficiently, functional,Or provide improved adjacencies, and update the budget estimate. // § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule,budget for the Cost of the Work;Projectsite, and the proposed procurement or delivery method and other Initial Information, each in terms of the other'to ascertain the requirements of the Project. The Architect shall notify the Owner of(1)any ineonsistenc es discovered in the information,and(2)other information or consulting services that may be 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 andconstruction 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. i § 3.2.4 Based on the Projeet requirements agreed upon with the Owner,the Architect shall prepare and present for the Owner's approval a preliminary,design illustrating the scale and relationship of the Project components. § 3.2.5 Based on-the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design N 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 t shall consider environmentally responsible design alternatives, such as material choices and building Orientation.together with other considerations based on program and aesthetics,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. § 3.2.5.2 The Architect shall consider the value of alternative materials,building systems and equipment,together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost of the Work.The Architect shall submit to the Owner an estimate of the Cost of the Work;prepared in accordance with Section 6.3. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner.The Architect shall meet with the Owner to review the Schematic Design Documents. The Architect shall take steps necessary to assure that the Schematic Design is prepared within the Owner's approved budget. AIA Document 8103' —2007.Copyright IS2007 by The American Institute of Architects.MI rights reserved.WARNING:This AlAe Document Is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in 7 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017,and is not for resale. User Notes: (858936930) . § 3.2.7 At the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4. identify agreed upon adjustments to the Project's size,quality, or budget,and request the Owner's approval of the • Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner'sbudget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase. § 3.1DESIGN 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 irrthe Project requirements and the budget for the Cost of the Work pursuant to Section 5.3,the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate arid describe the development of the approved Schematic Design Documents and shall consist of drawings • and other document's 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 may be appropriate. The Design Development Documents shall also include outline/specificatidns 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. Prior to the conclusion of the Design Developmeht Phase,7the Architect shall submit the Design Development Documents to the Owner.The Architect shall 'meet with the Owner to review the Design Development Documents. If revisions to the Design Development Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase,the Architect shall incorporate the required revisions in the Design Development Phase as a Basic ,/ Service for no additional compensation. / §,3,3.3 At the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6:5 and 6:6 and request the Owner's approval of the Design Development Documents. §,3.4CONSTRUCTION-DOCUMENTS PHASE SERVICES .' § 3.4.1 Based on the Owners 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 Work,the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further deSelopment 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. Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. r `§:3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities havingjuiisdiction over the Project. " j 3.4 3 During the development of the Construction Documents,the Architect shall assist the Owner in the development and preparation of(1)bidding and procurement information that describes 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 Contractfor Construction(General, Supplementary and 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 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner. The Architect shall meet with the Owner to review the Construction Documents. The Architect shall update the estimate for the Cost of the Work indicated by changes in the requirements or general market conditions. § 3.4.5 At the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7 and request the Owner's approval of the Construction Documents.The Architect shall provide As-Designed Record Drawings as a"conformed set," incorporating all changes to the drawings as a Basic Service. AIA Document B103"'—2007.Copyright 4)2007 by The American Institute of Architects.NI rights reserved.WARNING:This AIA Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlAe Document,or any portion of it,may result in 8 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 17:15:05 on 06107/2017 under Order No.1883535755_1 which expires on 11/212017,and is not for resale. User Notes: (858936930) § 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 (I)obtaining either competitive bids or negotiated proposals:(2)confirming responsiveness of bids or proposals: (3)determining the successful 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 Contract Documents. § 3.5.2.2 Th'e Architect shall assist the Owner in bidding the Project by .1 facilitating the reproduction of Bidding Documents for distribution to prospective bidders, .2 participating in a pre-bid conference for prospective bidders,and • :3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents in the form of addenda. § 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. ,�; '(Paragraphs deleted) § 3.6'CONSTRUCTION-PHASE SERVICES § 3.6.1 GENERAL /' / ' § ,3.6.1.1 T11e Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA'Document A201T'f-2007,General Conditions of the Contract for Construction. The Owner will make modifications to theAlA Document A201-2007,and the Architect shall be copied for review and comments to 'such modifications.,The Owner will consider any reasonable objections of the Architect to the Owner's proposed • ,riodifications that may affect the business terms of this Agreement. / § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction 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 procedufes,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The • \ Architect shall be responsible for the Architect's negligent acts 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. 7 § 3.6.1.3 Subject to Section 4.3.the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. - ,/ T § 3.6/EVALUATIONS OF THE WORK §'3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.3.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine./in_general, if the Work observed is being performed in a manner indicating that the Work,when fully completed. will be in accordance with the Contract Documents. However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner(I)known deviations from the Contract Documents and from the most recent construction schedule,and(2)defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to AIA Document B103' -2007.Copyright 0 2007 by The American Institute of Architects.MI rights reserved.WARNING:This AIAe Document Is protected by Init. U-S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 9 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017,and is not for resale. User Notes: (858936930) • exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor. Subcontractors,material and equipment suppliers,their agents or employees or other persons or entities performing portions of the Work. • § 3.6.2.3 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. r N § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2007,the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3CERTIFICATES FOR PAYMENT TO CONTRACTOR ,§ 3.6.3,1 The Architect shallreview and certify the amounts due the Contractor and shall 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 t indicated and that the quality of the Work is in accordance with the Contract Documents.The foregoing'representations are subject(I)to an evaluation of the Work for conformance 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 specific qualifications expressed by the Architect. /§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(I)made exhaustive or continuous oii-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 money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. • §'3.6.4SUBMITTALS N § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not 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 Architect shall review and approve or take other appropriate action,upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only -for the limited.purpose,of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, • unless otherwise specifically stated by the Architect,of any construction means, methods,techniques, sequences or procedures.The Architect's approval of a specific item shall 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,the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings AIA Document B103' —2007.Copyright®2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA`Document Is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA' Document,or any portion of f4 may result in 10 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017.and is not for resale. User Notes: (858936930) • and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect.The Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifications and approvals performed or provided by such design professionals. § 3.6.4.4 The Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or - - Specifications in need-of clarification and the nature of the clarification 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 supplemental Drawings and Specifications in response to requests for information.' § 3,6.4,5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. For the receipt,distribution, and management of submittals,the Architect anticipates utilizing Submittal Exchange or a similar project management tool or program that meets the approval of the Owner. • § 36.5 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.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 Architectshall maintain records relative to changes in the Work. \ §'3.6.5.3 TheArchitect shall endeavor to identify and consider value engineering options throughout the design and ' construction process when such,options result in a cost benefit to the Owner, yet maintain the originally specified performance of the'conidered material,product,or system. / § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall Conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion;receive from the Contractor and forward to the Owner;for the Owner's review and records,written warranties and related documents required by the Contract Documents and assembled by the Contractor;and issue a final Certificate for Payment based upon a fmal 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 completeness of the list submitted by the Contractor of Work to be completed or corrected.The Architect shall prepare a separate punch list of Work to be _completed or corrected that is not included in the Contractor's list. § 3.6.6.3 When the Work is found to be substantially complete,the Architect shall inform 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: (I) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment;(2) affidavits;receipts,releases and waivers of liens or bonds indemnifying the Owner 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 the date of Substantial Completion, the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. AIA Document 8103"-2007.Copyright 02007 by The American Institute of Architects.All rights reserved.WARNING:This AIA°Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 11 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017,and is not for resale. User Notes: (858936930) ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, idem f;the exhibit.) • Services , ' Responsibility Location of Service Description (Architect, Owner (Section 4.2 below or in an exhibit or attached to this document and INot Provided) identified below) § 4.1.1 § 4.1.2 / • § 4.1.3, Measured drawings § 4.1.4 Existing facilities surveys § 4.1.5 Site Evaluation and Planning(B203TM-2007) §'4.1.6 Building Information Modeling i(E202T-2008) § 4.1.7 ,' Civil engineering ;, Architect 4.2 • '§ 4.1.8' i Landscape design § 4.1.9 Architectural"Interior Design(B252TM-2007) § 4.1.10 Value Analysis(B204TM-2007) ' § 4.1.11` '7/ §74.1.12 ',,On-site'Project Representation (B207TH-2008) § 4.1.13 § 4.1.14 ; '§ 4.1.16 Post'occupancyevaluation § 4.1.17 Facility Support Services(B210Tm-2007) § 4.1.18 Tenant-related services § 4.1.19- Coordination of Owner's consultants § 4.1.20 Telecommunicationsidata design § 4.1.21 Security EValuation and Planning (B206TM-2007) § 4.1.22 Commissioning(B211TM-2007) • '§ 4.1.23 Extensive environmentally responsible design § 4.1.24 LEEDa'Certification(B214TM-2012) _ § 4.1.25 Historic Preservation(8205TH-2007) \. . - -§ 4.1.26 Furniture, Furnishings, and Equipment Design (B253TM-2007) §'4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility. if not further described in an exhibit attached to this document. Per Article 1.1.12.1.4.Architect shall include civil engineering services within their scope of work and the stipulated Slim identified in Article 11.1. up to a maximum fee for civil engineering services of S30,000. Civil Engineering fees beyond this amount shall be presented to the Owner as Additional Services. § 4.3 Additional Services may be provided after execution of this Agreement,without invalidating the Agreement. Exceptfor 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. AIA Document B103' -2007.Copyright 02007 by The American Institute ofArchitects.All rights reserved.WARNING:This Ale Document Is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 12 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017.and is not for resale. User Notes: (856936930) § 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 giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a substantial 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 that have a direct financial impact on the Architect's services, or bid packages in addition to those listed in Section 1.1.6: .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 LEED® 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 a timely manner or any other failure of • performance on the part of the Owner or the Owner's consultants or contractors; (Paragraphs deleted) .10, Consultation concerning replacement of Work resulting from fire or other cause during construction;or • • § 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,the Owner shall give prompt written notice to the'Architect,and(he/Owner shall have no further obligation to compensate the Architect for those services: .1 / Rel ewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the 'Architect if it can be demonstrated that the sequence change impacts the Architect's services; .2 Responding to the Contractor's excessive 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 Owner-provided information, 7/Contractor-prepared coordination drawings,or prior Project correspondence or documentation; .3 . Preparing Change Orders,and Construction Change Directives that require evaluation of Contractor's proposals and supporting-data, or the preparation or revision of Instruments of Service, unless the requirement/to doso is the result of the Architect's incomplete, inaccurate, or misleading design - documentation; • .4 [Intentionally deleted]- .5. Evaluating excessive substitutions proposed by the Owner or Contractor and making 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 N day's after the date of Substantial Completion of the Work. ' .§ 4.3.3 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 three 4 3 )reviews of each Shop Drawing, Product Data item,sample and similar submittals of the - Contractor 2 thirty `(30 )visits to the site by the Architect over the duration of the Project during construction • .3 three (3 )inspections for any portion of the Work to determine whether such portion of the Work is N substantially complete in accordance with the requirements of the Contract Documents .4 two (2 )inspections for any portion of the Work to determine final completion (Paragraph deleted) ARTICLE5 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. Within IS days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. AIA Document B1031'-2007.Copyright 02007 by The American Institute of Architects.All rights reserved.WARNING:This AIA°Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result In 13 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/2112017.and is not for resale. User Notes: (858936930) § 5.2 The Owner and Architect shall mutually establish an overall Project schedule. The Owner and Architect, mutually, shall adjust the Project schedule, if necessary, as the Project proceeds. § 5.3 The Owner shall establish and periodically update the Owner's budget for the Project. including(I)the budget for the Cost of the Work as defined in Section 6.1; (2)the Owner's other costs;and,(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 thereafter agree to a corresponding - - change in the budget for•the Cost of the Work or in the Project's scope and quality. § 51.3.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit,but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents,and costs for the Contractor to remove and replace previously installed Work. If the Owner selects accelerated,phased or fast-track scheduling,the Owner agrees to include in the budget for the Project sufficient contingencies to cover such cots. § 5.4 The Odner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Os'ner 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 services. 7 / § 5.5 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 legal information shall include,as applicable„grades and lines of streets.alleys, pavements and adjoining property and structures; designated wetlands; adjacentdrainage;'.'rights-of-way, restrictions,easements, encroachments,zoning,deed restrictions,boundaries and \ contours of the'site; locations,-dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private,above and below • grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. V ''// / ; / /§ 5.6 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials, seismic evaluation,ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. • § 5.7-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(tie Owner's consultants The Owner shall furnish the services of consultants 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 and other liability insurance as appropriate to the services provided. § 5.8 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as \ , structural:mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.9 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at-any time for the Project to meet the Owner's needs and interests. § 5.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.11 Except as otherwise provided in this Agreement,or when direct communications 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. The Owner shall promptly notify the Architect of any direct communications with the Contractor that may affect the Architect's services. AIA Document 8103”-2007.Copyright®2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by Init U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in 14 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 17:15:05 on 06/072017 under Order No.1883535755 1 which expires on 11/21/2017,and is not for resale. User Notes: (858936930) § 5.12 Before executing the Contract for Construction,the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.13 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. 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 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,detached furnishings,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 5.3 and 6.4. Evaluations of the Owner's budget for the Cost of the Work,the preliminaryestimate 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 equipment;the Contractor's methods of determining bid prices: or competitive bidding:market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost ofthe Work or evaluation prepared or agreed to by the Architect. In preparing 'estimates of the Cost of Work the Architect shall be permitted to include contingencies for design, bidding and price escalation;to-determine what materials,equipment,component systems and types of construction arc 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 u /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, itemization of component structures, or similar conceptual estimating techniques. (Paragraph deleted) § 6.4 If prior to the conclusion of the Design Development Phase,the estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect, in consultation with the Owner, shall make appropriate recommendations t6 the Owner to adjust the Project's size,quality or budget,and the Owner shall cooperate with the Arcliitect in making such adjustments:" § 6.5 Ifthe estimate ofthe Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's `budget for the Cost of the'Work,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; :2 - in consultation with the Architect,revise the Project program, scope,or quality as required to reduce the.Cost of the Work;or .3 . .implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.2,the Architect, without additional compensation, shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section 6.5.1.The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility as a Basic Service under this Article 6. § 6.7 After incorporation of modifications under Section 6.6,the Architect shall, as a Basic Service, make any required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner's budget for the Cost of the Work.Architect shall provide a set of As Constructed Record Drawings tothe Owner as a Basic Service. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit AIA Document 8103"'-2007.Copyright®2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA`Document Is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 15 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/2112017,and is not for resale. User Notes: (858936930) 4 • 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 governing such transmissions. • • § 7.2 All right,title and interest,including all rights under federal and state copyright and intellectual property laws in the.Drawings, Specifications and other documents prepared by the Architect for this Project (collectively. "Instruments of Service")and the electronic methods of reproducing such documents are hereby conveyed, assigned _ and transferred by Architect and its consultants to Owner. Owner shall retain legal title to such Instruments of Service, • - - - - •-whether or not the Project for which they may be made is completed,provided that the Architect has been paid for all compensation due under this Agreement for the services completed by the Architect.No further compensation shall be - due to Architect for Owner's use of the Instruments of Service, whether during performance of this Agreement or after is termination or completion. Except as described below, Owner may use the Instruments of Service for any • purpose. Owner agrees not to sell the Instruments of Service to others under any circumstances,and to hold harmless the Architect for any re-use of the Instruments of Service,provided that the Architect is not the Architect of Record for the re-use and there-use is not for maintenance,repair or operation of the Owner's facility.All Instruments of Service, • including services in electronic form,shall be furnished to Owner in a format requested by Owner, including electronic format. ' §'7.3 If Architect will be preparing,drafting,displaying,reproducing,or otherwise using,in any manner or form,any information',document,or material that is subject to a copyright,trademark,patent,or other property or privacy right, then Architect must:Obtain all necessary licenses, authorizations,and approvals related to its use; include the Owner ' ,in any approval,authorization;or license related to its use;and indemnify and hold harmless the Owner related to `• • Architect's alleged infringing or otherwise improper or unauthorized use. Accordingly,the Architect must protect, v indemnify, and hold harmless the Owner from and against all liabilities,actions,damages, claims,demands, judgrnents,.losses,costs,expenses, suits,or actions,and attorneys' fees and the costs of the defense of the Owner, in • any s suit,including appeals,based upon or arising out of any allegation of infringement,violation,unauthorized use,or conversion of any patent,copyright,trademark or trade name, license, proprietary right,or other related property or privacy interest in connection with,or as a result of this contract or the performance by the Architect of any of its " activities or-obligations under this contract. ' % I § 7.3.1 • [Intentionally.deleted]. § 7.4 [Intentionally deleted]: 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 accordance with the requirements of the \'method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in anycase 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 Section 8.1.1. v N _ \§ 8.1.2 To the extent-dam- xtent da age's 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 Architect,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. • - -§ 81.3 The Architect shall indemnify and hold harmless the Owner its officers, officials and employees from and against all damages, losses and expenses(including reasonable attorney fees and court costs)attributable to bodily injury,sickness,disease, death,or injury to, impairment,or destruction of property,to the extent that such damages, losses,and expenses are caused by the wrongful acts,negligent acts,errors,or omissions arising out of or related to the services of the Architect, its employees,agents,or any tier of Architect's subconsultants in the performance of this Agreement. • § 8.1.4 [Intentionally deleted]. AIA Document B103,'—2007.Copyright02007 by The American Institute of Architects.All rights reserved.WARNING:This AIA`Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 16 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017.and is not for resale. User Notes: (858936930) § 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. _ § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them.by non-binding mediation. 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. • § 8.2.3 The parties,shall share the mediator's fee and any filing fees equally. The mediation shall 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 (Paragraphs deleted)r `dispute maybe resolved through litigation in a court of competent jurisdiction. i , ��A /§ 8.3 ARBITRATION , § 8.3.1{Intentionally deleted]. V/ / • §,8.3.1.1\[Intentionally deleted]. Y / �- �� § 8.3.2 [Intentionally,deleted]. § 8.3.3 [Intentionally deleted]. i /§ 8.3.4 CONSOLIDATION OR JOINDER § 8.3.4.1 [Intentionallgdeleted]. I § 8.3.4.2[Intentionally deleted].' §1.3.4.3[Intentionally deleted]. \ ARTICLE9• 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 suspend 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 Owner 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 services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9:2 The Owner may-order the Architect in writing to suspend,delay or interrupt services for such time as the Owner determines. If the Owner suspends the Project, the Architect shall be compensated for services performed prior to - - - notice of such suspension.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' written 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,subject to the non-performing party's right to cure within the seven-day period. AIA Document B103'11-2007.Copyright 0 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in 17 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 17:15:05 on 06/072017 under Order No.1883535755_1 which expires on 11/21/2017,and is not for resale. User Notes: (858936930) § 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 In the event of termination not the fault of the Architect,the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due. § 9.7[Intentionally deleted]. • r, \ § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement " are set forth in Article 7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement and its validity,construction and performance shall be governed by the laws of Kansas. In the • event of any legal action to enforce or interpret this Agreement,the sole and exclusive venue shall be in the Saline County, Kansan DisnictCourt. • § 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. • / i § 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 a lender providing financing for the Project if the lender ajrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Ownerequests the Architect to execute certificates,the proposed language of such certificates shall be 'Nt submitted to the Architect-for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute ,'all such consents that are consistent with this Agreement,provided the proposed 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 partyagainst 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 Architects promotional and professional materials. The Architect shall be given reasonable access to the completed Projeci 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 the other party as"confidential"or "business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to - -- - • any other persomexcept to(I) its employees, (2)those who need to know the content of such information in order to perform services pr construction solely and exclusively for the Project, (3) its consultants and contractors whose • contracts include similar restrictions on the use of confidential information, or(4)comply with a request for public records under applicable law, including the Kansas Open Records Act. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: (Insert amount of or basis for. compensation) AIA Document B1031'—2007.Copyright02007 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in 18 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017,and is not for resale. User Notes: (858936930) .1 A stipulated sum of S400,000 which includes reimbursable expense associated with the current scope of the work. § 11.2 For Additional Services designated in Section 4.1,the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which panicular methods of compensation apply.) I-N/A § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3.the Owner shall compensate tfie Architect as follows: (Insert amount of or basis for, compensation) , � Based on actual hdurs expended for such services at the rates identified in Article 11.7. � § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections 11.2 or 113,-shall be the amouht invoiced to the Architect plus five percent( 5 %),or as otherwise stated below: , i i ,§ 11.5 Where compensation'fot 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 esign Phase fifteen percent ( 15 %) Design Development twenty percent ( 20 %) ,� Phase '�� Construction Documents forty percent ( 40 %) r_- y i Phase / Bidding or Negotiation five percent ( 5 %) Phase -/ Construction Pfiase twenty percent ( 20 %) I Total Basic Compensation one hundred percent ( 100 %) / The Owner acknowledges thatwith an accelerated Project delivery or multiple bid package process,the Architect may ,'gibe providing its services m multiple Phases simultaneously. Therefore,the Architect shall be permitted to invoice N. monthly in proportion to services performed in each Phase of Services, as appropriate. : V I § 11.6[Intentionally d leied]. _ -_§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any,are set forth below. i,/ / The rates shall be'adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (Ijapplicable, attach an exhibit of hourly billing rates or insert them below) �\ - --Employee or Category_ - Rate Principal 5150 -- -- -Project Manager S115 Project Architect S105 Graduate Architect S95 Technical Support S80 Administrative Support S70 § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are included in the compensation stated in Article 11.1 AIA Document B103"'—2007.Copyright 02007 by The Amencan Institute of Architects.All rights reserved.WARNING:This AIAe Document Is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in 19 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at / 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017,and is not for resale. User Notes: (858936930) (Paragraphs deleted) for Basic Services. I (Paragraph deleted) §.11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE [Intentionally deleted]. § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of zero dollars (S 0 )shall be made upon execution of this Agreement and is the minimum.pa}ment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable within thirty days of presentation of the Architect's invoice. (m iert rate of monthly Or'annual interest agreed upon) /§'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 of has been found liable for the amounts in a binding dispute resolution proceeding. Provided.however,that if the O*ner disputes any items in the Architect's invoice for any other reason,the Owner may temporarily delete the disputed item and pay the remaining amount of the invoice. The Owner will promptly \ • notify Architectand request clarification and/or correction. Following resolution of any dispute,the Architect will 1 1 include tfie disputed item as resolved on a subsequent invoice. § ;11.10.4 Records of Reimbursable Expenses,expenses pertaining to Additional Services, and services performed on the basis of hourly rates shallbe available to the Owner at mutually convenient times. j ARTICLE 12. SPECIAL-TERMS AND CONDITIONS § 12.1 Special terms and conditions that modify this Agreement are as follows: • § 12.1:1-The Owner is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the Owner, it is subject to annual appropriation by the Owner's governing body for future fiscal years. Notwithstanding anything to the contrary herein,, if die Owner's governing body does not appropriate the funds necessary to fulfill the Owner's financial 'obligations pursuant to this Agreement, the Owner shall so notify, the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. § 12.1.2 In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code,the Architect and • Its subconsultants;.if any,agree that: (I)\The Architect shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code`and in doing so shall not discriminate against any person in the performance of work under this Agreement because of race, sex,religion,age,color,national origin,ancestry or disability; (2) The Architect shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer," or a similar phrase to be approved by the Owner's human relations director; (3). If the Architect fails to comply with the manner in which the Architect reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Architect shall be deemed to have breached this Agreement and it may be canceled, terminated or suspended. in whole or in part,by the Owner; AIA Document 8103"-2007.Copyright 0 2007 by The American Institute of Architects.NI rights reserved.WARNING:This Ale Document is protected by Init U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 20 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017,and is not for resale. User Notes: (858936930) , 1 t (4) If the Architect is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final,the Architect shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended, in whole or in part,by the Owner; _ _ (5) The Architect shall not discriminate against any employee or applicant for employment in the performance / of this Agreement because of race, sex,religion,age,color, national origin,ancestry or disability; and / - - (6) The Architect shall include similar provisions in any subcontract under this Agreement. 1 , ' ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements, either written or oral. This Agreement may be m ia ended only by written instrument signed by both Owner and Architect. \v `, �§ 13.2 This Agreement is comprised of the following documents listed below: ,' /.1 AIA Document B 103T"12007, Standard Form Agreement Between Owner and Architect .3 . Other documents: K./'_; , ,(List otherdocu lents, ifany, including additional scopes of service forming part of the Agreement.) �� _� \ N ,) Exhibit A—Insurance Requirements 7 / ' ' This Agreement entered into as of the thy and year first written above. OWNE , c) A�T�PAn� (Signature / - , (Signature) 'Kaye Crawf rd. ayor James P Estes President, Police Facility Design , Group, PA -- \, (Printed name and title) ' ,, (Printed Mime and title) NN l) ./ AIA Document 8103"'-2007.Copyright 02007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document Is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of It,may result in 21 severe chill and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at I 17:15:05 on 06/07/2017 under Order No.1883535755_1 which expires on 11/21/2017,and is not for resale. User Notes: (858936930) • EXHIBIT A INSURANCE REQUIREMENTS As set forth in the Agreement, the Architect shall obtain, pay for, and maintain — and shall require each of its authorized subcontractors to obtain and maintain — for the duration of the Agreement, policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of the workers' compensation and professional liability policies to be obtained by the Architect, all policies shall name the Owner, its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall be as broad as the insurance for the named insured, including defense expense coverage, and, with respect to the commercial general liability policy required hereunder, shall be endorsed to apply as primary and non-contributory insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to,the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the Owner, its agents, representatives,officers,officials, and employees. C. Claims Made Policies. If coverage is written on a claims-made basis for any of the policies required by the Agreement, the Architect must maintain the coverage for a minimum of two (2) years from the date of final completion of all work under the Agreement. D. Premium and Deductible Expenses. The Architect shall be responsible for all premiums and retention or deductible expense for any and all policies required by the Agreement. 2. Specific Coverage Requirements. A. Professional Liability — Errors and Omissions. The Architect shall maintain professional liability insurance covering errors and omissions, with limits of not less than$1,000,000. In the event coverage is provided on a claims-made basis, the professional liability insurance shall be maintained for a period of not less than two (2) years after completion of the Agreement or, in lieu thereof, the Architect shall purchase tail coverage (extended reporting period) under which the Owner shall be afforded protection. B. Commercial General Liability ('CGL"). The Architect shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent, which shall cover liability arising from Personal Injury. Bodily Injury, Property Damage, Premises and Operations, Contractual Liability. Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: • Each occurrence $1,000,000 • General aggregate $2,000,000 • Personal and Advertising Liability $1,000,000 A-1 C. Business Automobile Liability ("BAL"). The Architect shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Architect and include automobiles not owned by but used on behalf of the Architect. The BAL policy limits shall not be less than the following: • Combined single limit $1,000,000 D. Workers' Compensation/Emplover's Liability. The Architect shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation (Coverage Part A) o Statutory • Employer's Liability(Coverage Part B) o 5100,000 each accident o $500,000 disease—policy limit o S 100,000 disease—each employee A-2 -----1 WILSO-1 OP ID: LL A o CERTIFICATE OF LIABILITY INSURANCE DATEIMMDO YYY) 06/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S); AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Linda Lundgren Johnston Fiss Insurance 5225 West 75th Street,#200 INC No Em-913-396-0815 { ,No):913-396-0835 Shawnee Mission,KS 66208 ADDRESS:Fiss Ilundgren@johnstonfiss.com INSURER(S)AFFORDING COVERAGE I NAM a INSURER A:Cincinnati Insurance Co. 110677 INSURED Police Facility Design Group INSURER B: I Attn:James Estes 1 523 Walnut Street INSURER C: Kansas City, MO 64106 INSURERD: INSURER E: . INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH pPOLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Tv' TYPE OF INSURANCE IINSO Fuel POLICY NUMBER - POLICY EFF IMWDDIYYDOEXP I LCAnS A X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE Is 1,000,000 CLAIMS-MADE X OCCUR X ECP0300585 12/22/2016 12/22/2017 DARENTED PRMAGE7oEMISES{Ea ouarrervx) $ 1,000,000 MED EXP(Any one person) S - 5,000 PERSONAL 5 ADV INJURY 15 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE IS 2,000,000 X POLICY 7COT LOC PRODUCTS-COMP/OP AGG 5 2,000,000 I OTHER 5 • AUTOMOBILE LIABILITY - • - COMBINED SINGLE LIMIT 5 1,000,000 (Ea actloent) A ANY AUTO ECP0300585 12/22/2016 12/22/2017 BODILY INJURY(Per person) 5 ALL OWNED SCHEDULED BODILY INJURY(Per accident) 5 AUTOSII�'ll AUTOS NON-OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS (Per accident) I 5 X UMBRELLAUAB I I OCCI IR EACH OCCURRENCE 15 3,000,000 A EXCESS LIAR CLAIMS-MADE ECP0300585 12/22/2016 12/22/2017 AGGREGATE I S 3,000,000 DED I I RETENTION5 5 WORKERS COMPENSATION I PER STATUTE I I EV- I AND EMPLOYERS'uABIITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIEE.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? n N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE$ It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,AddltIonal Remarks Schedule,may be attached U more space is required) The General Liability,on a Primary basis and Commercial Auto Liability (AA4004 0306)includes the following as Additional Insured (GA4084 10101): City of Salina.Waiver of Subrogation is included regarding the General Liability CERTIFICATE HOLDER CANCELLATION CITYSA1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Salina ACCORDANCE WITH THE POLICY PROVISIONS. 300 W.Ash Street Salina,KS 67401 AUTHORIZED REPRESENTATIVE • ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ' CERTIFICATE OF LIABILITY INSURANCE O06/14 0017 OTE(MWD 017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-866-574-6282 CONTACT Monica Wilke Holmes Murphy a Associates, LLC PHON: nun.Eun. 816 857-7820 FAX No): 866 501-3940 1828 Walnut Sreet 6MNL mwilkseholmesmu h Suite 700 _ADDRESS' rp y.com Kansas City, MO 64108 INSURER(S)AFFORDING COVERAGE NAIL, INSURER A: BERKLEY INS CO 32603 INSURED INSURER B: Police Facility Design Group INSURER C: 523 Walnut Street INSURERD: Kansas City, MO 64106-2408 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 50098053 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCEINSRW D I POUCY NUMBER I(MAUDDYEFF POLICY EXP IYYYY)I IMM/DD/WYY)I UMITS GENERAL LIABILITY EACH OCCURRENCE $ I COMMERCIAL GENERAL LIABILITY PRI E TORENTED PRE MAGET(ERNTEDOccurrence) $ I CLAIMS-MADE OCCUR MED EXP(My one person) $ ■ PERSONAL 8 ADV INJURY 5 III, GENERAL AGGREGATE $ GENL AGGREGATE MMR APPUES PER PRODUCTS-COMP/OP AGG $ TI POLICY El Tei I-1LOC f I AUTOMOBILE LABILITY COMBINED SINGLE LIMIT (Ea accident) f ANY AUTO BODILY INJURY(Per person) S ALL OWNEDSCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS I AUTOS (Per ecaden0 $ UMBRELLA UAB _ OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ , DED I I RETENTION5 $ WORKERS COMPENSATION I WCSTATU- I ICI TH- AND EMPLOYERS'LABILITY Y/N TORY!WITS FR ANY PROPRUETORIPARTNERJEXECUTIVEE.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? n NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ if yes,describe urer ORI DESCPTION OF OPERATIONS below E.L.DISEASE-POUCY LIMIT I f A Professional Liability ABS901081601 08/10/16 08/10/17 Bach Claim 2,000,000 Annl Aggr 2,000,000 DESCRIPTION OF OPERATION51 LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,II more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Salina THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 300 W. Ash Street AUTHORIZED REPRESENTATIVE Salina, KS 67401 �ewih wa a•.A USA 6_ - �wV] ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD mwilksks 50098053 A�O CERTIFICATE OF LIABILITY INSURANCE DATE oWDD;YY) PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Automatic Data Processig Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE One ADP Boulevard HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Roseland,NJ 07068 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. IINSURERSAFFORDING COVERAGE INAIC# INSURED INSURER A: Hartford Insurance Group I Police Facility Design Group PA I 500 Grand Blvd INSURER B: Suite 201A INSURER C: INSURER Cr Kansas Qty KS 64106 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W-1ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.yIC�� AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRIlAt SMI TYPE OF INSURANCE I POLICY NJMBER I POLICY EFFECTIVE POLICY EXPIRATION DATE(MMIDDYYYV) DATE(MMID LIMITS GENERAL LIABILITY EACH OCCURRENCE I $ COMMERCIAL GENERAL LIABILITY DAMAGL 1 O REN IcD PREMISES(Ea occurrence) I $ CLAIMS MADE I I OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ PROT- POLICY ,ECI-1 LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f ANY AUTO (Ea accident) ALL OWfJED AUTOS GODLY INJURY SCHEDULED AUTOS (Per person) S HIRED AUTOS BODLY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO EA ACC $ OTHER.THAN AUTO ONLY: AGG I S EXCESS I UMBRELLA LIABJLITY H EACH OCCURRENCE I $ OCCUR CLAWS MODE AGGREGATE $ S DEDUCTIBLES RETENTION $ I S WORKERS COMPENSATION AND ,.,. STATU- OTH A EMPLOYERS'LIABILITY YIN 76WBGAA4S2L 06/29/2017 06/29/2018 x I TORY LIMITS I I ER1 ANY PROPRIErORRMr£XE TNERCUTIVE E.L.EACH ACCIDENT I $ 1,000,000. OFFICER/MEMBER EXCLUCED? Ell (Mandatory In NH) EL.DISEASE-EA EMPLOYE $ 1,000,000. r CPFnABScribe ppnylcnNc h Iw E.L.DISEASE-POLICY LIMIT I $ 1,000,000. OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Salina DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 300 W.Ash,Room 202 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO[U SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON TIE INSURER ITS AGENTS OR P.O.Box 736 REPRESENTATIVES. Salina KS 67402-0736 AUTHORIZED REPRESENTATIVE Karen Hanna ACORD 25(2009(01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ernsn name and Inns arc rcnimcrod modal of Arn On IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01)