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6.4 Phase 1 Design Services Fire Station No. 4CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/27/2023 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL AP PR VAL: NO: 6 BY: ITEM City Manager's Office FINAL APPROVAL: NO: 4 Page 1 BY: Jacob Wood, BY: Deoutv Citv Manaaer ITEM: Authorizing the City Manager to execute an agreement with WSKF Architects r Phase 1 Design Services for Fire Station No. 4 in the amount of $147,760. BACKGROUND: The relocation of Fire Station No. 4 has been included in the City's long range capital improvement planning since 2014. In 2022, relocation of Fire Station No. 4 was placed on the 5 year Capital Improvement Plan. Design of the new station was anticipated to take place in 2022-23 and construction commencing upon completion of the design. On July 29, 2022 a Request of Qualifications (RFQ) for design and engineering services was released. On September 9, 2022 the City received responses from ten firms. An Evaluation Committee consisting of several members of the Salina Fire Department, the Deputy City Manager, the City Engineer, the Facility Superintendent and the Arts Services Coordinator reviewed the submittals and developed a list of firms that would be invited to provide presentations. That list consisted of the following firms: • Archimages • GLMV Architecture and FGM Architects • WDM Architects and Mitchell Associates Architects • WSKF Architects During the first week of October, interviews were conducted. As a result of the interviews and further investigation into similar projects completed, reference checks, and overall ability to provide design services, staff is recommending that the City enter into an agreement with WSKF architects. WSKF has worked with the City in the past. They conducted a needs assessment that included an assessment of the existing Fire Station No. 4, a review of space needs, and a few preliminary station layouts. When this project was originally identified and placed on the capital improvement plan it was anticipated that the cost for design services would be approximately $500,000 and the construction cost of the project would be approximately $4 million. Inflation and the changes in the market have caused these numbers to increase significantly. In order to address these concerns and develop a plan to move forward staff is recommending that the design services be split into phases. The first phase will include the following: 1. Space Programming (documentation of the space requirements in written, numerical and graphic form) 2. Schematic Design and selection of furniture, fixtures, and equipment identification 3. Development Approval Services (survey, topography, platting/rezoning, drainage study and geotechnical investigation) 4. Cost Estimate It is estimated that Phase 1 design services will take about 6-9 months to complete. Upon completion, staff will prepare and present an agreement for Phase 2 services. AGENDA SECTION NO: ITEM NO: CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/27/2023 4:00 P.M. City Manager's Office FISCAL APPROVAL: ►_-....0 Page 2I BY: Jacob Wood, I BY: Deputy Citv Manaaer Phase 2 will include final design, bidding services and construction administration services. The cost for Phase 1 design services is $147,760. It is anticipated that Phase 2 services will be between $400,000 and $600,000. These cost will be dependent on the scope that is developed during the first phase of design. FISCAL NOTE: The 2022 CIP included $500,000 for design. The 2023 CIP included $4 million for construction. Both of these numbers were in place before any of the current supply chain and inflationary challenges existed. As the scope is further developed during Phase 1 design, a cost estimate will also be developed. Based on preliminary discussions with WSKF, it is anticipated that the construction cost will be between $7.5 and $9.5 million. A financing plan will be developed and presented to the City Commission upon completion of Phase 1 design. This project has been identified as appropriate for aesthetic enhancements under the City's Community Art and Design policy, which provides for up to 5% of the project cost to be allocated for that purpose. COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for the City Commission's consideration: Authorizing the City Manager to execute an agreement with WSKF Architects for Phase Design Services for Fire Station No. 4 in the amount of $147,760. 2.) Authorizing the City Manager to execute an agreement with WSKF Architects for Phase 1 Design Services for Fire Station No. 4 in the amount of $147,760 with amendments as the City Commission deems appropriate. 3.) Postpone consideration of the website design agreement to a specified date and time and provide staff direction regarding additional information or amendments the City Commission would like to request for their further consideration. Staff recommends option 1. Attachments: 1.) AIA Agreement -�7�= Document B101 — 201 7 :.:.: Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Twenty -Seventh day of March in the year Two Thousand Twenty Three. (In words, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) City of Salina 300 W. Ash Street Salina, Kansas 67401 and the Architect: (Name, legal stattts, address and other information) WSKF, Inc. 110 Armour Rd. North Kansas City, MO 64116 for the following Project: (Name, location and detailed description) Project No. SFD 22-0001 Architectural & Design Services New Fire Station #4 Southeast Corner E. Crawford St. & Markley Road Berkley Family Recreational Area WSKF Project No. 22003 The Owner and Architect agree as follows. Phase I Services - Services for Phase I will include for New Fire Station #4; 1) Space Programming (documentation of the space requirements in written, numerical and graphic form), 2) Schematic Design (refer to Article 3.2 for scope of work) plus furniture - fixtures - equipment identification/selections, etc.), 3) Development Approval Services (survey, topography, platting/re-zoning, drainage study & geotechnical investigation), and 4) Cost Estimate. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Init. AIA Document 13101 —2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section I.1. (For each item in this section, insert the information or a statement such as "not applicable" or "unlarown at time of execution.') § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identi� documentation that establishes the Owner's program, or state the manner in which the program will be developed.) Programming provided by Architect. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent inforTnation about the Project's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traff c and utility studies; availability of public and private utilities and services; legal description of the site, etc.) Generally, the project is planned to be located at the southeast corner of the intersection of E. Crawford St. and Markley Road. As this site abuts a residential development, the design character should blend with the neighborhood. The final design will take into consideration city development and construction codes and ordinances. Additionally, the final design will need to include the station site design requirements including but limited to parking areas, driveways, landscaping, etc. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if brown, a line item breakdown) Range of $7.5 to $9.5M. § 1.1.4 The Owner's anticipated design and construction milestone dates: Init. AIA Document B101 —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10119/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents'" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) .1 Design phase milestone dates, if any: TBD. .2 Construction commencement date: TBD. .3 Substantial Completion date or dates: TBD. .4 Other milestone dates: TBD. § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction.) Competitive bid, best -value contract award to a single prime bidder. § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Idents and describe the Owner's Sustainable Objective for the Project, if any.) None. § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204TM-2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information.) TBD. § 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact it formation.) TBD. § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact it formation.) .1 Geotechnical Engineer: Services provided by Architect. (Paragraphs deleted) .2 Other, if any: (List any other consultants and contractors retained by the Owner) Init. AIA Document B101 —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 3 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents'n Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) Special Inspections & Construction Testing Environmental Services (as needed) § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.) Rick Kuhl 110 Armour Road North Kansas City, MO 64116 § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information) § 1.1.11.1 Consultants retained under Basic Set -vices: .1 Structural Engineer: Bob D. Campbell, Inc. 4338 Belleview Ave. Kansas City, MO 64111 .2 Mechanical Engineer: PKMR Engineers, Inc. 13300 W. 9811' St. Lenexa, KS 66215 .3 Electrical Engineer: PKMR Engineers, Inc. 13300 W. 98th St. Lenexa, KS 66215 § 1.1.11.2 Consultants retained under Supplemental Services: Civil Engineer: Kaw Valley Engineering. Landscape Architect: Kaw Valley Engineering. § 1.1.12 Other Initial Information on which the Agreement is based: WSKF Inc. to provide Interior Design Services. WSKF Inc. to provide Fixture, Furniture & Equipment (FFE) Services. § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. (Paragraphs deleted) ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. Init. AIA Document B101 —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 4 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents"' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes; (1833782063) § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the 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. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to 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. § 2.5.1 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. § 2.5.2 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 policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. § 2.5.3 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. (Paragraphs deleted) ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information fumished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming Work, made or given without the Architect's written approval. Init. AIA Document 8101 —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 5 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents'" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall prepare the program and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall review the program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and 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 inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 As needed, the Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 The Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of perspective sketches or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.4.1 Based on the Owner's directive, the Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.4.2 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 program, schedule, and budget for the Cost of the Work. § 3.2.5 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. (Paragraphs deleted) § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. (Paragraphs deleted) ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental 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. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Architect, Owner, or not provided) Init. AIA Document B101 —2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 6 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) Supplemental Services Responsibility Architect, Owner, or notprovided) 4.1.1.1 Programming A 4.1.1.2 Multiple preliminary designs NP 4.1.1.3 Measured drawings NP 4.1.1.4 Existing facilities surveys NP 4.1.1.5 Site evaluation and planning NP § 4.1.1.6 Building Information Model management responsibilities NP § 4.1.1.7 Development of Building Information Models for post construction use NP 4.1.1.8 Civil engineering A 4.1.1.9 Landscape design A 4.1.1.10 Architectural interior design A 4.1.1.11 Value analysis NP § 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 A 4.1.1.13 On-site project representation NP 4.1.1.14 Conformed documents for construction NP 4.1.1.15 As -designed record drawings NP 4.1.1.16 As -constructed record drawings NP 4.1.1.17 Post -occupancy evaluation NP 4.1.1.18 Facility support services NP 4.1.1.19 Tenant -related services NP § 4.1.1.20 Architect's coordination of the Owner's consultants NP 4.1.1.21 Telecommunications/data design A 4.1.1.22 CCTV/Security A Row deleted 4.1.1.23 Commissioning NP § 4.1.1.24 Sustainable Project Services pursuant to Section 4.1.3 NP 4.1.1.25 Fast-track design services NP 4.1.1.26 Multiple bid packages NP 4.1.1.27 Historic preservation NP 4.1.1.28 Furniture, fiirnishin s, and equipment desi n A 4.1.1.29 Other services provided by specialty Consultants NP 4.1.1.30 Other Supplemental Services A § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4. 1.1 as the Architect's responsibility is provided below. (Describe in detail the Architect's Supplemental Services identified in Section 4.1.1 or, if set forth in all exhibit, identify the exhibit. The AIA publishes a number of Standard Fornr of Architect's Services documents that car/ be included as an exhibit to describe the Architect's Supplemental Services) 4.1.1.1 - Programming services to be provided by Architect to determine the space requirements for Station 4 in consultation with the City and Fire Department. Init. AIA Document B101 —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) 4.1.1.8 - Civil Engineering services as needed for Phase I services, to design the project. 4.1.4.9 - Landscape Design services as needed for Phase I services, to design the project. 4.1.1.10 - Interior Design services as needed for Phase I services, to design the project. 4.1.1.12 - Detailed cost estimates will be completed utilizing material quantity takeoffs. 4.1.1.21 - Telecommunications/Data Design services as needed for Phase I services, to design project. 4.1.1.22 - CCTV/Security design services to be provided for the design, bidding and construction of Station 4. 4.1.1.28 - FIFE services. 4.1.1.30 - Topographic Survey, Boundary Survey, Drainage Study, Geotechnical Investigation, and Platting/Re-Zoning Services as needed for Phase I set -vices. § 4.1.2.2 A description of each Supplemental Service identified in Section 4. 1.1 as the Owner's responsibility is provided below. (Describe in detail the Owner's Supplemental Services identified in Section 4. LI or, if set forth in an exhibit, identify the exhibit) § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204T111-2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 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 Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instuments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .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; .5 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner -authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, .11 Assistance to the Initial Decision Maker, if other than the Architect. (Paragraphs deleted) § 4.2.5 If the services covered by this Agreement have not been completed within twenty four (24) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. Init. AIA Document 8101 —2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks of The American Institute of Architects. This document was produced at 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in I accordance with the AIA Contract Documents'D Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner's budget for the Project, including (1) 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. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. 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 Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. § 5.5 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204Tnf-2017, Sustainable Projects Exhibit, attached to this Agreement. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect 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 and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.7 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. § 5.8 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. § 5.9 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. (Paragraphs deleted) § 5.13 Within 15 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. (Paragraphs deleted) 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 also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Init. AIA Document 8101 —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents"' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) 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 of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 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 are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service. (Paragraph deleted) § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. (Paragraphs deleted) ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Set -vice, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Owner shall be deemed the author and owner of all Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other rights related to the Instruments of Service, including copyrights. (Paragraphs deleted) § 7.4 In the event the Owner uses the Instruments of Service without retaining the Architect and Architect's consultants, the Owner releases the Architect and Architect's consultants from all claims and causes of action arising from such use. § 7.5 The provisions of this Article 7 shall survive termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 5 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. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017, 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. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien Init. AIA Document B101 —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 10 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents'" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of 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 method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. (Paragraphs deleted) § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to mance 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 Init. AIA Document B101 —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 1 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in I accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) 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 Owner shall pay the Architect 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 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' 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. § 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 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. § 9.7 In addition to any amounts paid or any amounts owed under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees. (Set ford: below the amount of any termination or licensing fee, or the method for deterv:ining any termination or licensing fee.) .1 Termination Fee: None. .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: N/A. § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 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 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project Init. AIA Document 8101 —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested 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 party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. (Paragraphs deleted) § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: 1 Stipulated Sum (Insert amount) (Paragraphs deleted) Phase I Services - $147,760 plus expenses (refer to Phase I Scope of Services & Fee Proposal, dated January 2023 § 11.2 For the Architect's Supplemental Services designated in Section 4. 1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert ansount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Included in Phase I Services Proposal. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation) Hourly with agreed upon max. Init. AIA Document 8101 —2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks of The American Institute of Architects. This document was produced at 13 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent ( %), or as follows: (Insert amount of, or basis for computing, Architect's eo)isrdtants' compensation for Supplemental or Additional Services.) Hourly with agreed upon max. § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase one hundred percent ( 100 %) Design Development Phase percent ( %) Construction Documents percent ( %) Phase Procurement Phase percent ( %) Construction Phase percent ( %) Total Basic Compensation one hundred percent ( 100 %) (Paragraphs deleted) § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Refer to attached Hourly Rate Schedule for all consultants. Employee or Category Rate ($0.00) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Permitting and other fees required by authorities having jurisdiction over the Project; .3 Printing, reproductions, plots, and standard form documents; .4 Postage, handling, and delivery; (Paragraph deleted) .5 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .6 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; .7 All taxes levied on professional services and on reimbursable expenses; (Paragraph deleted) .8 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .9 Other similar Project -related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus 1.15% of the expenses incurred. § 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: Init. AIA Document 8101 — 2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 14 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents'° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.5, and for which the Oivner shall reimhurse the Architect) None. § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of zero (SO) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of zero (SO) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid thirty (30) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) Eight Percent (8% § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and set -vices performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) § 12.1 Indemnification: To the fullest extent permitted by law, the Architect shall indemnify and hold harmless the Owner, its agents, representatives, officers, officials and employees from and against all damages, liabilities, 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. The Architect shall not be obligated to indemnify the Owner for the Owner's own negligence. § 12.2 Consequential Damages: Notwithstanding any other provisions of this Contract, and to the fullest extent permitted by law, neither the Owner nor the Architect, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damage arising out of or connected in any way to the Project or to this Contract. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. § 12.3 Corporate Protection: It is intended by the parties to this Contract that the Architect's services in connection with the Project shall not subject the Architect's individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the Owner agrees that as the Owner's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Architect, a Missouri corporation, and not against any of the Architect's individual employees, officers or directors. Init. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 15 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in 1 accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) § 12.4 Betterment: If, due to the Architect's negligence, a required item or component of the Project is omitted from the Architect's construction documents, the Architect shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. In no event will the Architect be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. § 12.5 Defects in Service: The Owner shall promptly report to the Architect any defects or suspected defects in the Architect's services of which the Owner becomes aware, so that the Architect may take measures to minimize the consequences of such a defect. The Owner further agrees to impose a similar notification requirement on all contractors in its Owner/Contractor contract and shall require all subcontracts at any level to contain a like requirement. Failure by the Owner and the Owner's contractors or subcontractors to notify the Architect shall relieve the Architect of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered. § 12.6 Delays: The Owner agrees that the Architect is not responsible for damages arising directly or indirectly from any delays for causes beyond the Architect's control. For purposes of this Contract, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency to act in timely manner; failure of performance by the Owner or the Owner's contractors or architects; or discovery of any hazardous substances or differing site conditions. In addition, if the delays resulting from any such causes increase the cost or time required by the Architect to perform its services in an orderly and efficient manner, the Architect shall be entitled to an equitable adjustment in schedule and/or compensation. 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 amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 10 IT" --2017, Standard Form Agreement Between Owner and Architect (Paragraphs deleted) .2 Exhibits: (Paragraphs deleted)Phase I Scope of Work and Fee Proposal Exhibit A — Insurance Requirements .3 Other documents: (List other documents, if any, forming part of the Agreement) This Agreement entered into as of the day and year first written above. City of Salina WSKF, Inc. OWNER (Signature) ARCHITECT (Signature) Rick Kuhl, Principal (Printed name and title) (Printed name, title, and license numher, if required) Init. AIA Document B101 —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks of The American Institute of Architects. This document was produced at 16 13:01:06 ET on 03/23/2023 under Order No.4104237064 which expires on 10/19/2023, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1833782063) WSKF, INC. Fire Station #4 - Phase I December 2022 110 ARMOUR ROAD Rev January 2023 NORTH KANSAS CITY, MO 64116 Salina, KC New Fire Station - Phase I + II The Salina Fire Department is proposing to replace the existing Fire Station 4 with a new fire station to be located at the Berkley Family Recreational Area. The apparatus bays will front onto East Crawford with a public entrance envisioned off of Markley Road. The envisioned station is to have 5, double -deep, drive through bays with living accommodations for a crew of 12. Additionally, the new station will include a meeting room that can comfortably seat 30 in a classroom (table & chair arrangement). The new station, based on the preceding information, will likely be in the 19,000 to 20,000 SF range. The station is to include the latest best practices for fire fighter health and wellness including current decon protocol regimen and routine. As the station is located at a ball complex, provisions for private outdoor space is needed for station crews. Cost Estimate Assumption New Station + Site Development $7.5 - $9.5M (Construction Costs Only) Scope of Services Phase Architectural design for Space Programming, Schematic Design and Platting (Preliminary & Final) plus Rezoning. Space Programming to include meetings with the Project Committee to develop and WSKF Architecture document all space needs and station functions. Space requirements will be developed in collaboration with the Station Committee and Station Crew representatives as directed by the Fire Department. Platting and rezoning services will be completed in conjunction with the Civil Engineer; Kaw Valley Engineering. Excludes expenses; expenses are estimated at $1,000 Interior design services includes the space assessment for all of the FFE selected for the project as WSKF Interior well as the initial selection of all interior finishes (flooring, ceilings, walls, wood species, metal, etc.). Design Interior design also includes the scheduling of responsilbities for items that are Owner Furnished/Owner Installed, Owner Furnish/Contractor Installed, and Contractor Furnished/Contractor Installed. WSKF FF&E Fixtures, Furniture & Equipment (FF&E) Services for the new station to include the furniture and equipment layout as well as cost estimating and budgeting for all FF&E. Bob D Campbell; Structural engineering services will include identification of structure options and explanation of options. Structural Services will also include cost estimates for structural elements of the design (footing, foundation, Engineering super -structure, etc.). PKMR Engineering; Mechanical, electrical and plumbing engineering services will include identification of system types and MEP Engineering explanation of options. Services will also include cost estimates for mechanical, electrical and plumbing elements of the design (power, heating/cooling, waste water, etc.). Kaw Valley Civil engineering services will include all preliminary site development requirements including grading, Engineering; Civil utilities, and landscaping. Drainage Report will be prepared for the project site. Services also include platting (preliminary & final) and rezoning of the project property. Civil services will include cost Engineering estimates for all civil design and landscape design work. Fee Proposal - Phase ARCHITECT ` INTERIOR 'STRUCTUAL - MEP ENGINEER CIVIL ENGINEER FF&E DESIGN Total* DESIGN -ENGINEER $ 57,375 $ 6,375 $ 8,033 $ 20,655 $ 22,313 $ 2,125 $ 116,875 Other Costs Topographic Survey $ 5,400 Boundary Survey Rec. Area $ 8,100 Platting & Zoning $ 8,885 Drainage Report $ 2,800 Geotechnical Report (Estimate) $ 5,700 Subtotal $ 30,885 $ 30,885 Phase I Total $ 147,760 Excludes expenses; expenses are estimated at $1,000 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 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/Employer'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 $100,000 each accident o $500,000 disease —policy limit o $100,000 disease —each employee