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4.21 SERVICES\\CT Male – Highway Garage Design Bid and Construction Admin Phases – 5-6-19 RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES RELATED TO DESIGN, BID AND CONSTRUCTION ADMINISTRATION PHASES OF NEW HIGHWAY GARAGE PROJECT RESOLUTION NO.: ____________________________________________________, 2019 INTRODUCED BY: ____________________________________________________ WHO MOVED ITS ADOPTION SECONDED BY: ____________________________________________________ WHEREAS, by Resolution No.: 82,2016, the Queensbury Town Board authorized establishment of the Highway Garage Capital Project and Highway Garage Capital Project Fund #208 and the engagement of C.T. Male Associates (C.T. Male) to evaluate the feasibility of the construction of a new Town Highway Garage (Project), and WHEREAS, by Resolution No.: 336,2018, the Town Board authorized further engagement of C.T. Male for architectural services relating to the Preliminary Design Phase of the Project, and WHEREAS, the Town Board wishes to engage C.T. Male Associates for architectural and engineering services relating to the Design, Bid and Construction Administration Phase of the Project for the stipulated lump sum not to exceed $310,000 as delineated in C.T. Male Associates’ letter dated April 30, 2019 and Standard Form of Agreement Between Owner and Architect presented at this meeting, and WHEREAS, in Section IV, Subsection(3)(C)(2)(f) of the Town Purchasing Procedures, upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used with the Project without soliciting multiple vendors, and WHEREAS, the Town Board wishes to accordingly engage the services of C.T. Male as C.T. Male has performed the preceding engineering and architectural professional services related to the Project, C.T. Male’s April 30, 2019 letter and Standard Form of Agreement are consistent with its existing provision of services, C.T. Male has the skill, expertise and an established familiarity and comfort level with the Project which may help the Project to proceed in a more expedient and efficient manner, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and WHEREAS, there are times when Change Orders may become necessary related to such services and therefore the Town Board also wishes to authorize the Town Supervisor to approve and sign certain Change Orders up to a ten-percent (10%) contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above and in these circumstances, the Queensbury Town Board hereby waives its requirement under the Town’s Purchasing Policy for two (2) written quotes and authorizes and directs engagement of C.T. Male for architectural and engineering services relating to the Design, Bid and Construction Administration Phase of the new Town Highway Garage Project (Project) for the stipulated lump sum not to exceed $310,000 as delineated in C.T. Male Associates’ letter dated April 30, 2019 and Standard Form of Agreement Between Owner and Architect presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Supervisor to approve and sign Change Orders pertaining to such Services up to a ten-percent 10% contingency or in the total amount not exceeding $31,000 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that expenses for this project shall be paid for from Highway Garage Capital Project Fund #208, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Standard Form of Agreement Between Owner and Architect substantially in the form presented at this meeting and/or any necessary documentation, and the Town Supervisor and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of May, 2019, by the following vote: AYES : NOES : ABSENT: C.T. MALE ASSOCIATES Engineering,Surveying,Architecture,Landscape Architecture&Geology, D.P.C. U IvIJ 50 Century Hill Drive, Latham, NY 12110 Unn��n�J 518.786.7400 FAX 518.786.7299 www.ctmale.com April 30,2019 The Honorable John Strough,Supervisor Town of Queensbury 742 Bay Road Queensbury,NY 12804 Re: Architectural&Engineering Services Design,Bid&Construction Administration Phase New Highway Vehicle Storage Garage, 742 Bay Road, Queensbury,NY 12804 Supervisor Strough: As requested, C.T. Male Associates Engineering,Surveying,Architecture,Landscape Architecture& Geology, D.P.C. (C.T. Male) is pleased to submit our agreement and fee to proceed with Architectural and Engineering services relating to the new highway vehicle storage garage at your existing highway facility. Based on the preliminary work performed and our last meeting on April 23, 2019, C.T. Male intends to proceed with the design concept developed and submitted to the Town on May 23, 2016 which calls for construction of a separate building independent of the existing garage facility. Attached Please find the following documents which together constitute our service agreement. Please note that the AIA Document B101 is the base agreement to be signed, and the remaining documents are attachments/exhibits to the agreement: 1. AIA Document B101-2017,Standard Form of Agreement Between Owner and Architect. 2. AIA Document C202-2015,Standard Form of Consultant's Services:Geotechnical Engineering. 3. Exhibit A-Site Civil-Scope of Work,Dated January 22,2019. 4. C.T.Male Associates Schedule of Representative Charge Rates(2019) 5. C.T. Male Associates Reimbursable Expenses (2019) In summary, Compensation for C.T. Male's services shall be for the stipulated lump sum not to exceed amount of Three Hundred and Ten Thousand Dollars and zero cents ($310,000.00). Thank you again for your consideration of C.T.Male on this project. We are confident that our team can provide you with all of the professional.services needed to accomplish your goals and objectives. Sincerely, C.T.MALE ASSOCIATES Ja -s Edwards,P.E. icholas M.Lobosco,R.A. ision Manager/Civil Engineering Project Architect/Project Manager Civil Enaineerina • Fnvirnnmantnl Servicec • Si irvav Sarvicac • I rind Sarviroc •Ar,-hiforfi va tritiAIA Document B101" — 2017 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the 6 day of May in the year 2019 (In words, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: ADDITIONS AND DELETIONS: (Name, legal status, address and other information) The author of this document has added information needed for its completion.The author may also Town of Queensbury have revised the text of the original 742 Bay Road AIA standard form.An Additions and Queensbury,New York 12804 Deletions Report that notes added information as well as revisions to the and the Architect: standard form text is available from (Name, legal status, address and other information) the author and should be reviewed.A vertical line in the left margin of this C.T.Male Associates document indicates where the author Engineering,Surveying,Architecture,Landscape Architecture&Geology,D.P.C. has added necessary information 50 Century Hill Drive and where the author has added to or Latham,New York 12110 deleted from the original AIA text. This document has important legal for the following Project: consequences.Consultation with an (Name, location and detailed description) attorney is encouraged with respect to its completion or modification. New Highway Vehicle Storage Garage Town of Queensbury Highway Department 742 Bay Road Queensbury,New York 12804 The Owner and Architect agree as follows. In it. AIA Document B101 TM—2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA'%Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any .1 nnr4inn of if m�a•.n�.,l�in cn..n.n nn.il .nA n........nl.nn.l4:nn nn.l...:11 L...n.nnnn..ln.1 4n 41.n...............n..�n..•nnn..:Ml.......1...♦1...1..... TI.:...1.............•....... 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 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.') §1.1.1 The Owner's program for the Project: (Insert the Owner's program, identJ'documentation that establishes the Owner's program, or state the manner in which the program will be developed.) §1.1.1.2 The Owners program is based on the result of previous Preliminary Design work performed for the Town and submitted on,May 23,2016,October 1,2018 and November 2,2018. The Town intends to proceed with design of the drive-thru garage structure as a separate standalone structure,as shown in the May 23,2016 submission. §1.1.1.3 The design intent is for the new facility to utilize: • A pre-engineered metal building,approximately 116'-0"wide by 240'-0"long with a minimum clear height of 16'-0"(thermal envelope system has not been determined at this time), • Parking for 22 highway plow truck vehicles with plows attached, • Two(2)minimum 24'-0"wide by 16'-0"tall overhead doors, • Exterior main doors as required for means of egress. • One(1)unisex restroom with toilet and sink, • One janitors closet with mop sink, • One breakroom counter with casework and sink for employee convenience, • Foundations,overhead door exterior apron,and floor slabs,sized accordingly to carry the building and truck loading, • Pipe/tube bollards for vehicle impact protection(subject to budget,considerations for a protective wainscot assembly will be considered), Init. AIA Document B101 TM'-2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Mk.'Document,or any 2 • Full length trench drain along the center of the drive aisle with interior floor slab sloped to drain, • Automatic sprinkler system with full building coverage(NFPA 13 wet system),, • Heating system capable of heating the space to 55 degrees during all typical design conditions utilizing ceiling hung unit heaters, • Ventilation and exhaust system with an automatic activation based on CO/NOx levels for main garage space, and separate ventilation/exhaust system at the breakroom and restroom plumbing., • Utility supply,including water,sanitary,electrical and natural gas. • Electrical power and lighting as required including overhead lighting and exit signage(no telcom or data, generator or compressor is anticipated at this time). • Fire alarm system(Delegated Design). §1.1.1.4 Site improvements and modifications to accommodate construction: • Assume total disturbance on the site will exceed 1.0 acres and that it will be necessary to apply for permit coverage under GP-0-15-002 and to prepare a Stormwater Pollution Prevention Plan(SWPPP). • Geotechnical subsurface investigations and evaluation, • Exterior wash bay adjacent to the new facility, • Oil/water separator and grinder pump for trench drain and sanitary lines, • Utility work(i.e.water/sewer/gas). • Stormwater management features designed in accordance with the NYS Stormwater Management Design Manual(NYSSMDM). The Architect shall assist the Owner in the development of,and issuance of a Request for Proposal(RFP)for Construction Management services,which shall be contracted directly with the Owner upon award. The scope of work for the basis of the RFP shall be On-Site Representation,including Design Phase Cost Estimating as outlined in the AIA Document B207-2017 Standard Form of Architect's Services:On-Site Project Representation. Code Compliance:The design shall comply with the current provisions of the 2015 International Building Code,and the 2017 Supplement,as adopted by New York State. As such,the proposed building shall be classified as a Risk Category II in accordance with Table BC1604.5,and not as an Essential Facilities,which includes fire rescue, ambulance,and emergency vehicle garages,and other facilities required for emergency response. The Architect may delegate certain responsibilities to others,such as fabricators,manufacturers of system components,products manufacturer's and certified consultants.Where professional design services or certifications by a design professional related to systems,materials or equipment are specifically require of the Contractor by the Contract Documents,the Architect will specify all performance and design criteria that such services must satisfy.The Contractor shall cause such services of certifications to be provided by a properly licensed design professional.Whose signature and seal shall appear on all drawings,calculations,specification,certifications,shop drawings and other submittals prepared by such professional.Shop drawings and other submittals related to the Work design or certified by such professional,if prepared by others,shall bear such professional's written approval when submitted to the Architect. §1.1.2 The Project's physical characteristics: (Identi.b;or describe pertinent information about the Project's physical characteristics,such as size;location; dimensions;geotechnical reports;site boundaries;topographic surveys;traffic and utility studies;availability of public and private utilities and services;legal description of the site, etc.) The new facility is to be located at the existing town complex and town highway.The intent of the design will be to demolish and/or relocate existing ancillary structures at the north end of the highway facility site to make room for the new facility.Minor grading,and potentially the use of a retaining wall along the west side of the new facility,is anticipated in order to construction the new facility and address stormwater drainage conditions on the site.It is assumed adequate public utilities are available at the site and that the existing electrical services has enough capacity to accommodate the new loads of the facility. Init. AIA Document B101 TM'—2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAZ.Document,or any 3 nnriinn of i} mom..rn�..1+in cn..urn n....i�n,i nr....n.�l nen�liie� �...i...ill hn nrnc er.,+ .i 4n ihu.e.,v.m...r.nvienf nnccihle..n.inr♦hu i.... Thic.inn..mcni...nn Existing conditions information is based on field observiation,previously performed wetlands delineation,and the existing survey provided by the Town and performed by Van Dusen&Steve's Land Surveyors(updated in 2018 at the time of wetland delineation). §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.) Three Million dollars($3,000,000.00) §1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: Unknown at time of execution .2 Construction commencement date: Unknown at time of execution .3 Substantial Completion date or dates: Unknown at time of execution .4 Other milestone dates: Unknown at time of execution §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.) The Owner's intended procurement or delivery method for the construction of the Project will be subject to Competitive Public Bidding in accordance with Section 135 of the New York State Finance Law,commonly known as "Wick's Law",which requires separate Multiple Prime Contracts for public work projects where the cost of the work exceeds$0.5 million for this location. The labor on the Contracts for the Construction shall be performed in all respects in accordance with the Labor Law of the State of New York and shall conform to the prevailing wage rate schedules provided by the Owner in conjunction with its responsibilities as a Contracting Agency under the General Provisions of the Labor Law covering workers on Public Work Contracts.Provisions for a Project Labor Agreement are not included herein. §1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identibi and describe the Owner's Sustainable Objective for the Project, if any.) The building will meet or exceed the minimum requirements of the current International Energy Conservation Construction Code,as adopted by New York State. §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.) Init. AIA Document B101 TM—2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA's Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any 4 nnrfinn of it may racult in cnvnrn rn.ii enA r.ur,ma�.,e..a�tie� a...�...ai he.....�.....s...�s.,ta.,movur...m..d....♦........:ML......J...♦0...1..... T6:...1.......��—a..... The Honorable John Strough,Supervisor Town of Queensbury 742 Bay Road,Queensbu ,NY 12804 Email: 'ohns a,•ueensburv.net Phone: 518-761-8229 §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 information.) Unknown at time of execution §1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Special Inspector: The Owner shall be responsible for hiring the Special Inspector,in accordance with the requirements of the International Building Code,as adopted by New York State,as required by the Statement of Special Inspections prepared by the Architect/Engineer and submitted for approval to the Code Enforcement Official along with the building permit application. The Special Inspector shall be responsible for hiring all testing agencies as"Agents to the Special Inspector"and perform all required inspections/observations in accordance with the prepared Statement,keep all necessary records of the Work,furnished reports to the Code Enforcement official and Architect/Engineer,note discrepancies to the Code Enforcement Official and Architect/Engineer and prepare the Final Statement of Special Inspection for submission to the Code Enforcement Official for issuance of the Certificate of Occupancy. .2 (Paragraphs deleted) Other,if any: (List any other consultants and contractors retained by the Owner.) Matthew Steve,PLS,President Van Dusen&Steve Land Surveyors 169 Haviland Road, •ueensbu ,NY 12804 Email: mattlii)vandusenandsteves.com Phone: 518-792-8474 §1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.) Nicholas M.Lobosco,R.A.,Project Architect/Project Manager C.T.Male Associates Engineering,Surveying,Architecture,Landscape Architecture&Geology,D.P.C. 50 Century Hill Drive,Latham,NY 12110 Email: n.loboco@ctmale.com Phone: 518-786-7469 §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 Services: .1 Structural Engineer: Init. AIA Document B101 TM—2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIM Document,or any 5 nnrtinn of iI m�v roenlh in envn rn rnril�n.i rnmrn�l nnn�lfinc �nr7..rill hn nrnc on..Fn.t fn fhn m�vrmrn..n..I..n1 nnncihln rrnrl rr ihn 1�..r Thi...I....r....,..�.....- Christopher Shaver,P.E.,Sr.Structural Engineer C.T.Male Associates Engineering,Surveying,Architecture,Landscape Architecture&Geology,D.P.C. 50 Century Hill Drive,Latham,NY 12110 Email: c.shaver@ctmale.com Phone: 518-786-7437 .2 Mechanical Engineer: Charlie Stead,P.E.,Mechanical Engineer C.T.Male Associates Engineering,Surveying,Architecture,Landscape Architecture&Geology,D.P.C. 50 Century Hill Drive,Latham,NY 12110 Email: c.stead@ctmale.com Phone: 518-786-7562 .3 Electrical Engineer: Greg Badger,P.E.,Electrical Engineer C.T.Male Associates Engineering,Surveying,Architecture,Landscape Architecture&Geology,D.P.C. 50 Century Hill Drive,Latham,NY 12110 Email: g.badger@ctmale.com Phone: 518-786-7553 .4 Geotechnical Engineer: Alseny Diop,P.E.,Sr.Geotechnical Engineer C.T.Male Associates Engineering,Surveying,Architecture,Landscape Architecture&Geology,D.P.C. 50 Century Hill Drive,Latham,NY 12110 Email: a.diop@ctmale.com Phone: 518-786-7543 .5 Civil Engineer: James Edwards,P.E.,Division Manager/Civil Engineering C.T.Male Associates Engineering,Surveying,Architecture,Landscape Architecture&Geology,D.P.C. 50 Century Hill Drive,Latham,NY 12110 Email: j.edwards@ctmale.com Phone: 518-786-7400 §1.1.11.2 Consultants retained under Supplemental Services: §1.1.12 Other Initial Information on which the Agreement is based: §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 Init. AIA Document B101 T'"—2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA2'Document,or any 6 .....Fi..n..f i1 .,.i...nc..lf:n nn..n.n.....il....A w..........1........limn .....i...al 1..............1...1 F..tM......................1....4.......,L.l.......1...4k..1..... TI.:...ln...,.......i....... 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. §1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. (Paragraph 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. §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 shall maintain the following insurance until termination of this Agreement.If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 11.9. §2.5.1 Commercial General Liability with policy limits of not less than One Million Dollars($ 1,000,000)for each occurrence and Two Million Dollars($2,000,000)in the aggregate for bodily injury and property damage. §2.5.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than One Million Dollars($ 1,000,000)per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. §2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. §2.5.4 Workers' Compensation at statutory limits. §2.5.5 Employers'Liability with policy limits not less than One Million Dollars($ 1,000,000)each accident,One Million Dollars($ 1,000,000)each employee,and One Million Dollars($ 1,000,000)policy limit. §2.5.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services with policy limits of not less than Five Million Dollars($5,000,000)per claim and Five Million Dollars($5,000,000 )in the aggregate. §2.5.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional Init. AIA Document B101 TM-2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA''Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIM'Document,or any 7 insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. §2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. 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 furnished by the Owner and the Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in 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. §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 review the program and other information furnished by the Owner,and shall review laws, codes,and regulations applicable to the Architect's services. §3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,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(l)any inconsistencies 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 and construction of the Project.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. §3.2.4 Based on the Project 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. init. AIA Document B101 TM—2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA's Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA''Document,or any 8 «...i...«..f:{ mn.........IL:...................1««.l.•...«.«..1«....«It:.... .....1•..:tt ti«.....«..«..4...1�..AMn r..n...........nv1....♦««....:1.1....«.l...fMn 1�... Thi..l r.n•..•.....•...... §3.2.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations.Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. §3.2.5.1 The Architect shall consider 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. §3.2.5.2 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 program,schedule,and budget for the Cost of the Work. §3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. §3.2.7 The Architect shall submit the Schematic Design Documents to the Owner,and request the Owner's approval. §3.3 Design Development Phase Services §3.3.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner's approval.The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish,in general,their quality levels. §3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. §3.3.3 The Architect shall submit the Design Development Documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work,and request the Owner's approval. §3.4 Construction Documents Phase Services §3.4.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that,in order to perform 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. §3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. §3.4.3 During the development of the Construction Documents,the Architect shall assist the Owner in the development and preparation of(1)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 Contract for 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 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. AlA Document B101 TM-2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This init. AlAs Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA2'Document,or any 9 .....s:......s:} ...............}:...............:..: .....1...:..,.:.... I}:.... .....J..,:tl H........,......}...1}..}Hn nv}nn}nn��i Hlo..nAn.}Hn la.0 THi�.}nn.....en}...... §3.4.5 The Architect shall submit the Construction Documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work,take any action required under Section 6.5,and request the Owner's approval. §3.5 Procurement 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(1)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 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda;and, .4 organizing and conducting the opening of the bids,and subsequently documenting and distributing the bidding results,as directed by the Owner. §3.5.2.3 If the Bidding Documents permit substitutions,upon the Owner's written authorization,the Architect shall,as an Additional Service,consider requests for substitutions and 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 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201T"_2017,General Conditions of the Contract for Construction.If the Owner and Contractor modify AIA Document A201-2017,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. §3.6.1.2 The Architect shall advise and consult with the Owner during the 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 procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's 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. §3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5,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. §3.6.2 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 4.2.3,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 promptly report to the Owner(1)known deviations from the Contract Documents,(2)known Init. AIA Document B101 TM—2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA's Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAE'Document,or any 10 nnrfinn of if may rncuif in cevcrc r,vil nnri rnmu,al nnnnlfine nnr1 u.ill ha nrne ern4erl+n+hn n,,vin,,,n,even+nnceihle,,..rler+he la,.. Thie rinr ,.,ee+,,.nr deviations from the most recent construction schedule submitted by the Contractor,and(3)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 the Work is fabricated, installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,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. §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 A201-2017,the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. §3.6.3 Certificates for Payment to Contractor §3.6.3.1 The Architect shall review and certify the amounts due the Contractor 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 point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Contractor is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4) 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(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and 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. §3.6.4 Submittals §3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.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 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 AIA Document B101 TM—2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This Init. AIA'T Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA''Document,or any 11 «...}:•.««f:} w............14:..........-.....•:1..«•J..-.....«..1«......1}:•.•. ....•!..,:il H..«�..cnn..fn.l 4«AL....«nv..v......nv}n«{««..n:l.in..«.J n.}Mn In..• Tl.in.1......«..,«}...«.. shall not constitute approval of safety precautions or 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 and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. §3.6.4.4 Subject to Section 4.2,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 the 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. §3.6.5 Changes in the Work §3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. §3.6.5.2 The Architect shall maintain records relative to changes in the Work. §3.6.6 Project Completion §3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Contractor;and, .4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge,information,and belief,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. §3.6.6.3 When Substantial Completion has been achieved,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:(1)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. AIA Document B101 TM 2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This init. AlA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA''Document,or any 12 §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. 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) §4.1.1.1 Programming Not Provided §4.1.1.2 Multiple preliminary designs Completed §4.1.1.3 Measured drawings Not Provided §4.1.1.4 Existing facilities surveys Not Provided §4.1.1.5 Site evaluation and planning Not Provided §4.1.1.6 Building Information Model management Not Provided responsibilities §4.1.1.7 Development of Building Information Models for Not Provided post construction use §4.1.1.8 Civil engineering The Architect §4.1.1.9 Landscape design The Architect §4.1.1.10 Architectural interior design Not Provided §4.1.1.11 Value analysis Not Provided §4.1.1.12 Detailed cost estimating beyond that Not Provided required in Section 6.3 §4.1.1.13 On-site project representation Not Provided §4.1.1.14 Conformed documents for construction Not Provided §4.1.1.15 As-designed record drawings Not Provided §4.1.1.16 As-constructed record drawings Not Provided §4.1.1.17 Post-occupancy evaluation Not Provided §4.1.1.18 Facility support services Not Provided §4.1.1.19 Tenant-related services Not Provided §4.1.1.20 Architect's coordination of the Owner's Not Provided consultants §4.1.1.21 Telecommunications/data design Not Provided §4.1.1.22 Security evaluation and planning Not Provided §4.1.1.23 Commissioning Not Provided §4.1.1.24 Sustainable Project Services pursuant to Section Not Provided 4.1.3 §4.1.1.25 Fast-track design services Not Provided Init. AIA Document B101 TM-2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA`s Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAz'Document,or any 13 Supplemental Services Responsibility (Architect, Owner, or not provided) §4.1.1.26 Multiple bid packages §4.1.1.27 Historic preservation Not Provided §4.1.1.28 Furniture,furnishings,and equipment design Not Provided §4.1.1.29 Other services provided by specialty Consultants Not Provided §4.1.1.30 Other Supplemental Services Not Provided §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 an exhibit, ident the exhibit. The A1A publishes a number of Standard Form ofArchitect's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services.) • Refer to the Attached—Exhibit A-Site Civil-Scope of Work,Dated January 22,2019. • Refer to the Attached-AIA Document C202—2015,Standard Form of Consultant's Services:Geotechnical Engineering. §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 4.1.1 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 E204TM_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 Instruments 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; Init. AIA Document B101 TM 2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA9 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAZ Document,or any 14 .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. §4.2.2 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,upon receipt of the Architect's notice,the Owner determines that all or parts of the services are not required,the Owner shall give prompt written notice to the Architect of the Owner's determination.The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents,field conditions,other Owner-provided information, 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; .4 Evaluating an extensive number of Claims as the Initial Decision Maker;or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. §4.2.3 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 Two(2)reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Contractor .2 Twenty Four(24)visits to the site by the Architect or the Architect Consultants during construction .3 One( 1 )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One( 1 )inspections for any portion of the Work to determine final completion. §4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3,Construction Phase Services provided more than 60 days after(1)the date of Substantial Completion of the Work or(2)the initial date of Substantial Completion identified in the agreement between the Owner and Contractor,whichever is earlier,shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. §4.2.5 If the services covered by this Agreement have not been completed within eighteen( 18)months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES §5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written 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 AlA Document B101 T" 2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This Init. AIA'g Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA''Document,or any 15 undar tha law Thie rinrumant wac 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 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; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions,and other necessary data with respect to existing buildings,other improvements and trees;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. (Paragraph deleted) §5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. §5.7 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E204T4-2017,Sustainable Projects Exhibit,attached to this Agreement. §5.8 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. §5.9 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. §5.10 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. §5.10.1 The Owner shall provide its instructions to the Architect regarding the Construction Contract,Insurance and Bonds,and Bidding Procedures,by completing AIA Document G612 Owner's Instructions to the Architect,in consultation with their attorney and other appropriate advisors. §5.10.2 The Owner in conjunction with its responsibilities as a Contracting Agency under the General Provisions of the Labor Law covering workers on Public Work Contracts,shall be responsible for obtaining the Prevailing Rate Schedules,furnishing information to the Bureau regarding each Contractor,receiving and maintaining transcripts of original payrolls every thirty(30)days,and notifying the Bureau of the completion or cancellation of the Project. §5.10.3 All legal notices regarding the Advertisement for Bid shall be issued by the Owner,who shall directly receive all sealed Bids for the Project. §5.11 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. §5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project.Communications by and with the Architect's consultants shall be through the Architect. Init. AIA Document B101 TM-2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any 16 §5.13 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. §5.14 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. §5.15 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. 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 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. §6.4 If,through no fault of the Architect,the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner,the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. §6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect shall make appropriate recommendations to the Owner to 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. §6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or, .5 implement any other mutually acceptable alternative. §6.7 If the Owner chooses to proceed under Section 6.6.4,the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction AIA Document B101 T"'-2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This Init. AIA'9 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA£'Document,or any 17 ««.s...«..G:a .«.,......... :«................: ..«.1....«..«.. «......14:.,.- .....1...:il I.c.«r..cnn„lnrl♦«fhn m�vnv.,.m nv4nnF nnccihin„nr7nr thn I�ui Thic.Inn,rmnn4...�� Documents Phase Services,or the budget as adjusted under Section 6.6.1.If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate,the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3;otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation.In any event,the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES §7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,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 Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. §7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations under this Agreement,including prompt payment of all sums due pursuant to Article 9 and Article 11.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Contractor,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate contractors,to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 1.3,solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate. §7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service,the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses.The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. §7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. §7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the 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 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. §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 Init. AIA Document B101TM-2017.Copyright@ 1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This MA''. Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAz'Document,or any 18 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 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: (Sped) 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. §8.3 Arbitration(NOT USED) (Paragraphs deleted) §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 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 AlA Document B101 TM-2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This Init. AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any 19 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 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 forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee: The Owner shall compensate the Architect for services performed prior to termination,Reimbursable Expenses incurred,and costs attributable to termination. .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: The Owner shall compensate the Architect for services performed prior to termination,Reimbursable Expenses incurred,and costs attributable to termination. §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 AIA Document B10171"—2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This Init. AIA'' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA2'Document,or any 20 .._s:_.._t:a —_..___... :___.._..__:..: _..�__:.._:.._ _....�1:.... ....a...:11.................a...! ..♦L..........:............s....♦..nrn:4.1.......J..�FMn In... Tl.:n.Inn,....e..1....... consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project 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. §10.8 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement. §10.8.1 The receiving party may disclose"confidential"or"business proprietary"information after 7 days'notice to the other party,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees,consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. §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: (Paragraphs deleted)Design,Bid and Construction Administration Phase Services shall be compensated as follows: (Paragraphs deleted) Lump sum not to exceed amount of Three hundred and ten thousand dollars($310,000.00) §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: AIA Document B101 TM-2017.Copyright O 1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This Init. AIA'5 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Al.V.Document,or any 21 (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply) Compensation for Civil&Geotechnical Engineering services is included in the Compensation for the Architect's Basic Services listed under Section 11.1 §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 in accordance with Architect's Schedule of Representative Charge Rates in effect at time of service as amended only by written instrument signed by both Owner and Architect §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 ten percent( 10%),or as follows: (Insert amount of or basis for computing,Architect's consultants'compensation for Supplemental or Additional Services.) Hourly in accordance with Architect's Schedule of Representative Charge Rates in effect at time of service as amended only by written instrument signed by both Owner and Architect (Paragraphs deleted) (Table deleted) (Paragraph 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 the attached Architect's Schedule of Representative Charge Rates (Table deleted) §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 Long distance services,dedicated data and communication services,teleconferences,Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,and standard form documents; .5 Postage,handling,and delivery; .6 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner; .7 Renderings,physical models,mock-ups,professional photography,and presentation materials requested by the Owner or required for the Project; .8 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; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective;and, .12 Other similar Project-related expenditures. §11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ten percent( 10%)of the expenses incurred. AIA Document B101 TM-2017.Copyright 0 1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This Init. AIA''•Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAT'Document,or any 22 §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: (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 Owner shall reimburse the Architect.) §11.10 Payments to the Architect §11.10.1 Initial Payments §11.10.1.1 An initial payment of zero($0.00)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. (Paragraph deleted) §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.) 1.25%per month §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 services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) §12.1 Equal Employment Opportunity-C.T.Male is committed to equal employment opportunity for all persons regardless of race,color,sex,age,national origin,marital status,handicap,or veteran's status. In striving to eliminate discrimination in the workplace,it is our policy to deal only with sub-contractors,vendors,suppliers,and other affiliates who recognize and support equal employment opportunity and comply with all applicable State and Federal Equal Employment Opportunity laws and regulations including the annual filing of Standard Form EEO-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 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 B101TM--2017,Standard Form Agreement Between Owner and Architect .2 (Paragraphs deleted) Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [ ] AIA Document E204TM-2017,Sustainable Projects Exhibit,dated as indicated below: (Insert the date of the E204-2017 incorporated into this agreement.) Init. AIA Document B101 TM-2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this ALA*Document,or any 23 nortion of it may result in severe civil and criminal nenalties_and will he nrnsecuted to the maximum extent nossible under the law_This document was [ X ] Other Exhibits incorporated into this Agreement: (Clearly identf'any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2) Exhibit A-Site Civil—Scope of Work,Dated January 22,2019 .4 Other documents: (List other documents, if any,forming part of the Agreement.) AIA Document C202—2015,Standard Form of Consultant's Services:Geotechnical Engineering. C.T.Male Associates Schedule of Representative Charge Rates(2019) C.T.Male Associates Reimbursable Expenses(2019) This Agreement entered into as of the day and year first written above. OWNER(Signature) AR TECT(Signature) John Strough, Supervisor Nicholas M.Lobosco,R.A.,Project Architect (Printed name and title) (Printed name, title, and l liccIense number, if required) et. v/./l. CernRINCI AL(Signature) s Edwards,P.E.,Division Manager (Printed name, title, and license number, if required) AIA Document B101 T"'-2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This Init. AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAL'Document,or any 24 A nnrfinn of if mow rncnif in cnwnrn r,wil anti rr,m,nal nnnalfinc anti,will hn nrncnrnfari fn fho mavimnm nvfnnf nneeihie nnrinr fhe law u Thic rinrennanf ,ac !ALLVDocument C202TM — 2015 Standard Form of Consultant's Services: Geotechnical Engineering for the following PROJECT: (Name and location or address) New Drive-Thru Highway Garage Facility ADDITIONS AND DELETIONS: The author of this document has Town of Queensbury Highway Department added information needed for its 742 Bay Road completion.The author may also Queensbury,New York 12804 have revised the text of the original AIA standard form.An Additions and THE OWNER: Deletions Report that notes added (Name, legal status, and address) information as well as revisions to the standard form text is available from Town of Queensbury the authpr and should be reviewed.A 742 Bay Road vertical line in the left margin of this Queensbury,New York 12804 document indicates where the author has added necessary information THE GEOTECHNICAL ENGINEER: and where the author has added to or (Name, legal status, and address) deleted from the original AIA text. This document has important legal C.T.Male Associates consequences.Consultation with an Engineering,Surveying,Architecture,Landscape Architecture&Geology,D.P.C. attorney is encouraged with respect 50 Century Hill Drive to its completion or modification. Latham,New York 12110 This document provides the THE AGREEMENT Consultant's scope of services only This Standard Form of Consultant's Services is part of the accompanying B 101TM-2017, and should be attached as an exhibit Standard Form of Agreement between Owner and Architect dated the 28 day of January in to AIA Document C103T^"-2015, the year 2019 Standard Form of Agreement (In words, indicate day, month and year of the accompanying B101-2017.) Between Owner and Consultant without a Predefined Scope of TABLE OF ARTICLES Consultant's Services. 1 INITIAL INFORMATION 2 GEOTECHNICAL ENGINEER'S SERVICES 3 ADDITIONAL SERVICES ARTICLE 1 INITIAL INFORMATION §1.1 The Geotechnical Engineer's performance of the services set forth in this document is based upon the information contained in this Article 1 and the Initial Information in B101-2017.If this information changes materially,the Owner and Geotechnical Engineer shall appropriately adjust the schedule,the Geotechnical Engineer's services,and the Geotechnical Engineer's compensation. (List below information, including conditions or assumptions, which will affect the Geotechnical Engineer's performance) The new building will be a pre-engineered metal building,approximately 112'-0"wide by 240'-0" long.The design of the building superstructure will be a delegated design performed by the building manufacturer,who will submit drawings and structural calculations for the building,including column reaction loads as required for designing the Init. AIA Document C202T"—2015.Copyright©2015 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA`'' Document,or any portion of it,may result in 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 building foundation,which shall be signed and sealed by a Professional Engineer licensed to practice in the State of New York. The proposed garage facility planned to be constructed at the existing highway garage facility shall include the construction of an exterior wash bay,oil/water separator,utility work(i.e.,water/sewer/gas)and associated stormwater management features. §1.2 Property Information §1.2.1 Legal or other description of the Property upon,or for which,the Geotechnical Engineer's services will be performed. (Insert legal description of the Property, if known. Otherwise, describe the Property.) Municipal Town Complex 742 Bay Road Queensbury,NY 12804 §1.2.2 Site access is provided by the arrangement checked below: [X] The Owner has title to the Property and the right of entry for the Geotechnical Engineer to perform its services. [ ] The Owner has secured permission for entry to the Property for the Geotechnical Engineer to perform its services from the following parties subject to the conditions identified below. Permission for entry provided by: (Insert names, addresses, and telephone numbers of the present owner or tenant who has given permission for enby to the Property.) Conditions: (Insert conditions pertaining to the Geotechnical Engineer's access to the Property, such as time, noise, and equipment limitations.) §1.2.3 The Geotechnical Engineer shall contact the following person(s)to schedule and make necessary arrangements for access to the Property. (Insert names, addresses, and telephone numbers.) Chuck Rice,Buildings&Grounds Town of Queensbury 742 Bay Road,Queensbury,NY 12804 Email: Phone: 518-761-8258 §1.2.4 The Owner shall provide the Geotechnical Engineer with documents in the Owner's possession,such as geotechnical reports and surveys,that contain relevant information about the existing condition of the Property, including information regarding boundary lines,topography,means of access to the site,utilities,encumbrances,and locations of structures that may be affected by the Project. §1.3 Project Information The Owner shall provide the following Project information,to the extent known,to the Geotechnical Engineer: §1.3.1 The Owner's objectives for the Project,including a general description and anticipated design loads of the buildings and other improvements being considered. AIA Document C202*M—2015.Copyright©2015 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 nenaltiec and will ha nrnsended to the maximum extent nossible under the law_This document was oroduced by AIA software at §1.3.2 A site plan showing grades and locations of proposed building or other improvements being considered. §1.3.3 Other: (Spec) ARTICLE 2 GEOTECHNICAL ENGINEER'S SERVICES §2.1.1 The Geotechnical Engineer's services shall be performed by qualified personnel under the supervision of a licensed professional permitted to practice geotechnical engineering in the jurisdiction in which the Project is located. §2.1.2 The Geotechnical Engineer shall review the information furnished by the Owner,and shall review laws,codes, and regulations applicable to the Geotechnical Engineer's services.The requirements of this Agreement shall be in addition to such laws,codes,and regulations.If a conflict exists between the requirements of the jurisdiction in which the Project is located and the requirements of this Agreement,the Geotechnical Engineer shall notify and consult with the Owner prior to proceeding with the services impacted by the conflict. §2.1.3 The Geotechnical Engineer shall identify a benchmark at the site,record it in the Geotechnical Report,and reference field explorations to it as appropriate. §2.2 Explorations and Testing §2.2.1 The Geotechnical Engineer shall perform field explorations,including soils sampling and field testing, necessary for the planning and design of the Project and for preparation of the Geotechnical Report.The Geotechnical Engineer's explorations shall be consistent with the scope of the Project as determined through consultation with the Owner and Architect,and review of the Initial Infornration and any attached exhibits. §2.2.2 The Geotechnical Engineer shall prepare a detailed plan for the Owner's approval,in consultation with the Owner and Architect,indicating the nature and location of all proposed field explorations.The Geotechnical Engineer's plan shall include,at a minimum,information regarding the type,number,location,and depth of proposed soil borings and other explorations.If the Geotechnical Engineer finds it necessary to change the location or depth of any of these proposed borings,the Geotechnical Engineer shall notify the Owner and Architect and a new location or depth shall be agreed upon between the Owner and Geotechnical Engineer,in consultation with the Architect. §2.2.3 The Geotechnical Engineer shall perform laboratory tests necessary for the planning and design of the Project and for preparation of the Geotechnical Report.The Geotechnical Engineer shall provide a detailed plan,for the Owner's review and approval,of the Geotechnical Engineer's proposed laboratory tests. §2.2.4 If the Geotechnical Engineer encounters unusual and unanticipated conditions,including materials which cannot be penetrated by standard sampling equipment,the Geotechnical Engineer shall immediately consult with the Owner and Architect. §2.2.5 The Geotechnical Engineer shall advise the Owner and Architect as to any additional explorations and tests necessary for the Geotechnical Engineer to assess the conditions at the Property.The Geotechnical Engineer shall perform such additional work only as authorized by the Owner and after consultation with the Architect. §2.2.6 The Geotechnical Engineer shall perform all field explorations and lab tests in accordance with current applicable ASTM International(ASTM)standards or other standards approved in advance by the Owner.The Geotechnical Engineer shall record all data in the field and reference it to the appropriate exploration point numbers. When collecting soil samples,the Geotechnical Engineer shall classify soils in field logs in accordance with applicable ASTM standards or other standards,including ASTM D2488 Standard Practice for Description and Identification of Soils.The classification for final logs shall be based on field information,plus results of tests and further inspection of samples in the laboratory by the Geotechnical Engineer preparing the reports in accordance with ASTM D2487 Standard Practice for Classification of Soils for Engineering Purposes or other Owner-approved standards. §2.2.7 All samples collected by the Geotechnical Engineer are the Owner's property and shall be preserved according to Section 2.4.All field logs shall be prepared by the Geotechnical Engineer or by an experienced soils technician or experienced driller acting under the supervision of the Geotechnical Engineer. Init. AIA Document C202TM-2015.Copyright©2015 by The American Institute of Architects.All rights reserved.WARNING:This AIA'' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA5 Document,or any portion of it,may result in 3 severe civil and criminal penalties.and will he prosecuted to the maximum extent possible under the law.This document was produced by AIA software at §2.2.8 The Geotechnical Engineer shall take reasonable precautions to prevent damage to the Property,both visible and concealed,and shall reasonably restore the Property to the condition existing prior to the Geotechnical Engineer's entry.Such restoration includes backfilling of borings,patching of slabs and pavements,and repair of lawns and plantings.Each boring shall be capped pending additional groundwater readings.At the completion of the groundwater readings,the borings shall be permanently plugged,including patching of slabs and pavements. §2.2.9 Prior to starting any field explorations,the Geotechnical Engineer shall contact the Owner and the appropriate public utility location service for information regarding buried utilities and structures.If requested by the Geotechnical Engineer and agreed to by the Owner,the Owner shall provide the services of a utility location firm to locate utilities not identified by a public utility location service. §2.3 Geotechnical Report §2.3.1 The Geotechnical Engineer shall analyze the information gathered from the field explorations and lab tests performed under Section 2.2 and consult with the Owner and Architect regarding the design and engineering requirements of the Project.Based on such analysis,the Geotechnical Engineer shall provide a written Geotechnical Report to the Owner.The Geotechnical Engineer shall provide the Geotechnical Report and any related documents to the Owner in a medium and format determined by the Owner and as required by the jurisdiction in which the Project is located.The Geotechnical Engineer shall sign and seal the Geotechnical Report as required by the jurisdiction in which the Project is located.The Geotechnical Engineer shall consult with the Owner and Architect regarding the information presented in the Geotechnical Report.The Geotechnical Report shall contain the following information: §2.3.2 Background Information §2.3.2.1 General description of the Project. §2.3.2.2 List of all resources used in evaluation of the Property and preparation of the Geotechnical Report,including existing surveys and geotechnical reports. §2.3.2.3 Narrative description of the history,existing features,and geology of the Property. §2.3.3 Exploration and Test Results §2.3.3.1 Record of the date and time of each field exploration. §2.3.3.2 Plan showing dimensioned locations of each field exploration and equipment used. §2.3.3.3 Identification of ASTM standards or other Owner-approved standard sampling and test methods used. §2.3.3.4 All data as required by the ASTM standards or other Owner-approved standard sampling and test methods used. §2.3.3.5 Chart illustrating the soil classification criteria,and defining the terminology and symbols used on the boring logs. §2.3.3.6 Vertical sections for each boring,plotted and graphically presented to show(1)number of borings,(2) sampling method used,(3)date of start and finish,(4)surface elevations,(5)description of soil and thickness of each layer,(6)depth to loss or gain of drilling fluid,and(7)hydraulic pressure required or number of blows per foot (Standard Penetration Test N value for each sample).Where applicable,show depth to wet cave-in,depth to artesian head,groundwater elevation and time when water reading was made,and presence of gases.Note the location of strata containing organic materials,wet materials,or other inconsistencies that might affect engineering conclusions. §2.3.3.7 Description of the existing surface conditions and a summary of the subsurface conditions. §2.3.3.8 Subsurface profiles of rock or other bearing stratum. §2.3.3.9 Estimate of potential variations in elevation and movements of subsurface water due to seasonal influences. Init. AlA Document C2O2TM—2015.Copyright©2015 by The American Institute of Architects.All rights reserved.WARNING:This AIA=Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIRS Document,or any portion of it,may result in 4 .....,.._...:..:�.,..a....:...:....�......-�a:..,. ....A..ail A...41. m..v:.r.......,..rant n..eeihte nn.for the Ie... Thie An,imcnf tune nrnrli wad by AIA enfhuoro of §2.3.3.10 Description of laboratory testing performed,and a report of all results,including laboratory determinations of soil properties. §2.3.3.11 Results of any percolation tests performed. §2.3.3.12 Other: (Spec) §2.3.4 Foundation Evaluation and Recommendations As part of the Geotechnical Report,the Geotechnical Engineer shall prepare an evaluation and recommendations for the necessary areas of consideration pertaining to existing or proposed foundations, including the following: §2.3.4.1 Foundation support of the structure and slabs,including bearing pressures,bearing elevations,foundation design recommendations,anticipated settlement,and need for ground improvement to mitigate against settlement, liquefaction,and other conditions encountered on the Property. §2.3.4.2 Anticipation and management of groundwater for design of structures and pavements. §2.3.4.3 Lateral earth pressures and requirements for design of below grade walls and trenches,including backfill, compaction,and subdrainage. §2.3.4.4 Soil material and compaction requirements for the support of structures and pavements,and for site fill, construction backfill,and grading. §2.3.4.5 Subgrade moduli for design of pavements or slabs. §2.3.4.6 Temporary excavation and temporary protection,such as excavation sheeting,underpinning,and temporary dewatering systems. §2.3.4.7 Site stability,including slope stability and settlement. §2.3.4.8 Site seismic activity and seismic design information with references to current applicable building code. §2.3.4.9 Frost penetration depth and effect. §2.3.4.10 Effect of weather or construction equipment or both on soil conditions during construction. §2.3.4.11 Presence of potentially expansive soils;deleterious,chemically active,or corrosive materials or conditions; or the presence of gas.The analysis shall not require the Geotechnical Engineer to provide environmental assessment services for the Project unless otherwise agreed to by the Geotechnical Engineer and Owner. §2.3.4.12 Depth of material requiring rock or other difficult soil excavation and suggested methods of removal. §2.3.4.13 Potential sustainable design elements and low-impact development. §2.3.4.14 Other: (Spec) §2.4 Samples The Geotechnical Engineer shall dispose of samples as indicated below after all laboratory tests have been completed: [ X ]Discard [ ] Retain at the Geotechnical Engineer's office,and remain open to inspection until Init. AIA Document C2O2TM—2015.Copyright©2015 by The American Institute of Architects.All rights reserved.WARNING:This AIA"'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of it.may result in 5 cavara civil and criminal nanaltiac and will ha nrncarntad to tha mavimllm nvtant nnacihla Ilndar tha law Thic dnrumanf wac nrnrlurari by GIG enfhuara at [ ] the end of the Project's Bidding or Negotiation Phase. [ ] the Project's foundation installation is complete. [ ] Substantial Completion. [ ] Other: (Spec) §2.5 Design Phase Services §2.5.1 During the design phase of the Project,the Geotechnical Engineer shall consult with the Owner and the Owner's other consultants regarding geotechnical aspects of the Project. §2.5.2 The Geotechnical Engineer shall review,and provide written comments on,geotechnical aspects of drawings, specifications,and other design submittals prepared by the Owner and the Owner's other consultants. §2.6 Construction Phase Services During construction of the Project,the Geotechnical Engineer shall consult with the Owner and the Owner's other consultants regarding geotechnical aspects of the Project.If required,site visits shall be performed as an Additional Service in accordance with Article 3. ARTICLE 3 ADDITIONAL SERVICES §3.1 Additional Services listed below are not included in Basic Services but may be required for the Project.The Geotechnical Engineer shall provide the listed Additional Services only if specifically designated in the table below as the Geotechnical Engineer's responsibility. (Designate the Additional Services the Geotechnical Engineer shall provide in the second column of the table below. In the third colwnn indicate whether the service description is located in Section 3.2 or in an attached exhibit.If in an exhibit, identify the exhibit.) Services Responsibility Location of Service Description (Geotechnical (Section 3.2 below or an exhibit Engineer, Owner or attached to this document and Not Provided) identified below) §3.1.1 Ground Motion Studies Not Provided §3.1.2 Bidding or Negotiation related Services Not Provided §3.1.3 Ground Water Control Not Provided §3.1.4 Earth Structures and Retention Systems Not Provided §3.1.5 Preparation of Specifications Not Provided §3.1.6 Geologic Mapping Not Provided §3.1.7 Site Visits during Construction Not Provided §3.1.8 Construction Phase Testing and Inspections Not Provided §3.1.9 Ground Improvement Not Provided §3.1.10 Other: Not Provided §3.2 Insert a description of each Additional Service designated in Section 3.1 as the Geotechnical Engineer's responsibility,if not further described in an exhibit attached to this document. AIA Document C2027"—2015.Copyright©2015 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 6 the.law Thic rinrumnnt wag nrndured by AIA gnfhuaria at EXHIBIT A Site Civil - Scope of Work Queensbury DPW Garage -January 22, 2019 PREFACE A proposed Department of Public Works (DPW) garage is planned to be constructed at the existing Town of Queensbury DPW facility (742 Bay Road),which is currently located to the east/northeast of Queensbury Town Hall. Additional improvements include the construction of an exterior wash bay, oil/water separator, pump station, utility work (i.e.,water/sewer/gas) and associated stormwater management features. The area of disturbance is assumed to be greater than 1.0 acre, such that it will be necessary for the owner to obtain permit coverage under the SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-15-002). Runoff from the building (or an impervious area of equivalent size) will be detained and treated in a management practice designed in accordance with the NYS Stormwater Management Design Manual (NYSSMDM). In order to meet the Runoff Reduction volume (RRv) requirement, it is anticipated that the treatment method utilized may include an infiltration bioretention basin,infiltration basin, infiltration trench, dry well(s), or a combination of these practices. Redeveloped areas (i.e., areas which were previously impervious and will be reconstructed as impervious areas)will receive 25% Water Quality volume (WQv) treatment; whereas areas of new impervious surface will receive 100% treatment of the WQv. Stormwater Pollution Prevention Plan (SWPPP) • Storm treatment feasibility analysis,practice selection. • 3 site visits and/or site meetings by design engineer. • Witness up to two (2) test pits and conduct up to two (2) percolation/infiltration tests to determine soil characteristics at the site of the proposed stormwater management practices (refer to Geotechnical Scope of Services for more information). • A Stormwater Pollution Prevention Plan (SWPPP) will be prepared for the proposed project. The SWPPP will contain the methodology and calculations to support the design of the stormwater management system in accordance with applicable NYSDEC design guidelines and the State Pollutant Discharge Elimination System (SPDES) General Permit GP-0-15-002 for Stormwater Discharges from Construction Activity. The proposed drainage improvements will be designed to treat the quality of runoff, manage the quantity of runoff and control the peak rates of discharge. • The SWPPP will include the following components: o Design of post-construction stormwater management practices/controls that attenuate and treat runoff,including sizing of associated storm piping. o Green infrastructure, RRv,WQv calculations, pipe sizing calculations. o Correspondence with OPRHP. o Erosion and sediment control plans and details. o Project description,required certification statements, permit information, contractor signatory forms and information pertaining to SWPPP inspection requirements during the construction period. o Signatory acceptance of the SWPPP from the MS4. o Filing a completed electronic Notice of Intent(eNOI) with NYSDEC to obtain NYSDEC General Permit coverage. o Preparation of technical specifications. • Prepare responses to one round of review agency comments. • Bid phase services- contractor bid solicitation and evaluation services. • Construction administration services - shop drawing reviews and preparation of field change orders. • Filing a NOT (Notice of Termination) after achieving final stabilization. • Attendance at pre-construction meeting. WATER/SEWER DESIGN • Design of proposed sewer components, including grinder pump, force main and oil/water separator sizing/selection. • Design of proposed water service extension to proposed building. • Design/selection of backflow preventer and preparation/submission of Department of Health (DOH) forms associated with backflow preventer. SERVICES EXCLUDED FROM THIS SCOPE • Geotechnical investigation beyond scope outlined within the Geotechnical Scope of Services provided. • Development of requirements for fire protection. • Design of any required wastewater pre-treatment processes, except for oil/water separator. • Preparation of documents to support a NYSDEC 5-acre disturbance waiver request. (Planned disturbance expected to be well under 5.0 acres). • SWPPP inspections. (Fee for inspection services can be provided upon request). • Construction observation services. (Fee for inspection services can be provided upon request). • Preparation of responses to agency review comments (Fee for services can be provided upon request). SCHEDULE OF REPRESENTATIVE U[ 11[ J CHARGE RATES rim January - December 2019 Professional Level Classifications Rate Per Hour P7- President,Chief Executive $275.00 P7- Vice President(s) $250.00 P6- Managing: Engineer,Environmental Scientist,Surveyor,Architect, $140.00 to$210.00 Land Planner,GIS Specialist P5- Senior:Engineer,Environmental Scientist,Surveyor,Architect, $115.00 to$175.00 Land Planner,Project Manager,GIS Specialist P4- Project: Engineer,Environmental Scientist,Surveyor,Architect, $105.00 to$142.00 Land Planner,Manager,GIS Specialist P3- Assistant Project: Engineer,Environmental Scientist,Surveyor, $85.00 to$125.00 Architect,Senior Architect Intern,Land Planner P2- Design Engineer,Environmental Scientist,Architect,Architect Intern, $80.00 to $105.00 Intern Land Planner;Project Coordinator P1- Intern/Junior: Engineer,Environmental Scientist,Surveyor,Architect $60.00 to $85.00 Technical Level Classifications T6- Senior Designer,Senior Construction Observer,Senior $95.00 to$135.00 Engineering Technician,Senior GIS Technician,Senior Crew Chief T5- Engineering Technician V,Designer,Senior Designer, $80.00 to$105.00 Construction Observer,Senior Crew Chief,Environmental Technician,GIS Technician,Survey Technician,GPS Manager T4- Senior Drafter,Construction Observer,Field Scientist,Crew $65.00 to $95.00 Chief,Designer,Instrument Operator,Survey Technician T3- Drafter,Instrument Operator,Survey Technician $55.00 to $90.00 T2- Instrument Operator,Drafter $48.00 to $73.00 T1- Junior Drafter,Instrument Operator Intern,Junior Technician $40.00 to $55.00 Support Services S- Administrative Assistant,Clerk,Project Coordinator $50.00 to $85.00 REIMBURSABLE EXPENSES 11hi ?I[ J ME January - December 2019 1. Travel: * mileage and tolls($.58 per mile) * car rental,gas * train * airplane (coach fare) * taxi,subway,bus * parking * travel time * tips 2. Meals and Lodging: At cost. 3. Photocopies: $0.14 each * color copies/photos 81/zx11 $.75 each 11x17 $1.50 each 4 Report Printing:10 copies or more($.07 per page),less than 10 copies ($.14 per page) * specifications * bindings * 3-Ring binders for reports-at cost 5. Printing: * B&W:$.35/per square foot * Color:$.39/per square foot * Mylars:$2.00/per square foot 6. Scanning: * $0.14/per 81h x 11 * $0.35/per square foot 7. CD Burning: * $2.00/per CD 8. Rental or purchased equipment: Tools (e.g.scaffolding,special lighting,etc.for measuring and photographing existing building),at cost. 9. Telephone charges: * Long distance charges: At cost * Cellular telephone charges: $.25 per minute 10. Fax charges: * One page $1.00(minimum charge) * Two or more pages $ .50 (per page up to$10.00) 11. Mail Deliveries: * Certified mail $3.45,not including first class postage * Return receipt $2.80,not including first class postage * Insurance $1.95/$50 per piece mailed * Bulk mailings Large reports,etc.,Client cost to mail,typically UPS ground * Courier service Client cost to courier/deliver * Overnight service Federal Express,UPS,etc.,at cost to Client 12. Consultant's Expenses: With 10% mark-up