Piggyback Agmt, CRA Architects, IncPIGGYBACK AGREEMENT
BETWEEN
CITY OF OKEECHOBEE AND CRA ARCffiTECTS, INC.
THI5 PIGGYBACK AGREEMENT AGREEMENT (hereinafter "Agreement")
is made and entered into this v�% day of September 2022, by and between
THE CITY OF OKEECHOBEE, a Florida municipal corporation (hereinafter the
"CITY") and CRA ARCffiTECT5, INC., a Florida corporation (hereinafter
"CONTRACTOR").
WITNESSETH
WHEREAS, the CITY is a municipal corporation of the State of Florida, having a
responsibility to provide certain services to benefit the citizens of the CITY; and
WHEREAS, the CITY has the full power and authority to enter into the transactions
contemplated by this Agreement; and
WHEREAS, CONTRACTOR is in the business of consulting in the CITY, Okeechobee
County, and elsewhere in the State of Florida; and
WHEREAS, CONTRACTOR is competent and has sufficient manpower, training, and
technical expertise to perform the services contemplated by this Agreement in a timely and
professional manner consistent with the standards of the industry in which CONTRACTOR
operates; ,
WH�REAS, Section 448.095, Fla. Stat., imposes certain obligations on public agencies
with regard to the use of the E-Verify system by their contractors and subcontractors; and
WHEREAS, CONTRACTOR was the successful bidder of a project cornpetitively bid
by the Okeechobee County School District, executed on January 19, 2021, and renewed on
December 14, 2021, and such award by another governmental agency satisfies the CITY's
procurement policy as set forth in Chapter 2, Section 2-289 of the CITY Code of Ordinances; and
WHEREAS, CONTR.ACTOR agrees to provide such goods and services for the CITY
as more particularly described in this Agreement;
NOW THEREFORE in consideration of the premises, and in consideration of the mutual
conditions, covenants, and obligations hereafter expressed, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct, constitute a material inducement to
the parties to enter into this Agreement, and are hereby ratified and made a part of this
Agreement.
2. Description of Work.
a. The CITY hereby retains CONTRACTOR to fumish services as described in the Scope
of Services, which is attached hereto as Eghibit A and incorporated herein by
Page 1 of 17
f
reference. Any conflict between the terms and conditions in the body of this Agreement
and the terms and conditions set forth in Exhibit A will be resolved in favor of the body
of this Agreement.
b. CONT'R.ACTOR must provide all permits, labor, materials, equipment, and
supervision necessary for the completion of the Scope of Services, unless specifically
excluded.
c. CONTRACTOR must also comply with, and abide by, all requirements as contained
in any invitation to bid, request for proposals, request for qualifications, bid
specifications, engineering plans, shop drawings, material lists, or other similar
documents issued for this project by the CITY, together with any addenda, all of which
are hereby incorporated into this Agreement by reference and are declared to be
material part of this Agreement.
3. Commencement and completion/Term. This Agreement has a Term of one year,
beginning on the date of the execution of this Agreement and ending one year thereafter, and
may be renewed for up to two (2) additional one (1) year Terms, upon agreement of the parties
in writing unless sooner terminated under the terms of this Agreement.
4. Payment.
a. The CITY agrees to compensate CONTRACTOR, for work actually performed under
this Agreement, at the rate or basis described in Exhibit A, which is attached hereto
and incorporated herein by reference. CONTRACTOR must perform all work required
by the Scope of Services, but in no event will CONTRACTOR be paid more than the
negotiated amount set forth in Exhibit A.
b. Progress payments, if any, will be made as set forth in Exhibit A.
c. The CITY reserves the right to ratably withhold amounts in the event of the
nonperformance of all or part of CONTRACTOR's obligations. CONTRACTOR must,
without additional compensation, correct and revise any errors, omissions, or other
deficiencies in its work product, services, or materials arising from the error or
omission or negligent act of CONTRACTOR.
5. Payment and performance guarantee. When the CITY finds the work acceptable under
this Agreement, the monthly installment will be paid to CONTRACTOR. CONTRACTOR
guarantees the successful performance of the work for the service intended. If the CITY deems it
inexpedient to require CONTRACTOR to correct deficient or defective work, the CITY may
make an equitable deduction from the contract price, or, in the alternative, the CITY may seek
damages.
Page 2 of 17
r ,
6. Termination.
a. Termination at Will: This Agreement may be terminated by the CITY in whole or in
part at any time without cause by the CITY giving written notice to CONTRACTOR
not less than 30 days prior to the date of termination; provided, however, that in such
event, neither party will be relieved from its rights or obligations of this Agreement
through the date of the actual termination. Notice must be delivered by certified mail,
return receipt requested, or in person with proof of delivery.
b. Termination for Cause: This Agreement may be terminated by either party for cause
by the CITY or CONTRACTOR giving written notice to the other parly not less than
10 days prior to the date of termination; provided, however, that in such event, neither
party will be relieved from its rights or obligations of this Agreement through the date
of the actual termination. Notice must be delivered by certified mail, return receipt
requested, or in person with proof of delivery.
7. Project management.
a. The Project Managers for this project are as follows. Any subsequent changes to the
Project Manager for either party may be provided by notice as described below and
does not require an amendment to this Agreement.
b. CITY's Project Manager is: Gary Ritter, City Administrator.
c. CONTRACTOR's Project Manager is: Greg Kelly, Associate.
8. Notices. Any notices required by this Agreement shall be in writing and shall be deemed
to have been properly given if transmitted by hand-delivery, by registered or certified mail with
postage prepaid return receipt requested, or by a private postal service, addressed to the parties
(or their successors) at the following addresses:
For the City: City Administrator
City of Okeechobee
55 SE 3rd Avenue, Room 201
Okeechobee, FL 34974
With a copy to: John J. Fumero, Esq.
City Attorney
Nason Yeager Gerson Harris & Fumero, PA
750 Park of Commerce Blvd., Suite 210
Boca Raton, FL 33487
For the CONTRACTOR: CRA Architects, Inc.
2027 Thomasville Rd.
Tallahassee, FL 23208
Page 3 of 17
F
9. Insurance.
a. CONTR.ACTOR must maintain such insurance as will fully protect both
CONTRACTOR and the CITY from any and all claims under any Workers
Compensation Act or Employers Liability Laws, and from any and all other claims of
whatsoever kind or nature to the damage or properly, or for personal injury, including
death, made by anyone whomsoever, that may arise from operations carried on under
this Agreement, either by CONTRACTOR, any subcontractor, or by anyone directly or
indirectly engaged or employed by either of them.
b. The insurance coverage required by this Agreement must be as follows:
i. Commercial General Liability coverage with limits of liability of not less than a
,$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property
under the care, custody and control of Consultant. The General Aggregate
Liability limit and the Products/Completed Operations Liability Aggregate limit
shall be in the amount of $2,000,000 each.
ri. Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws.
The policy(ies) must include Employer's Liability with minimum limits of
$1,000,000.00 each accident. No employee, subcontractor or agent ofthe
Consultant shall be allowed to provide Services pursuant to this Agreement who
is not covered by Worker's Compensation insurance.
iu. Business Automobile Liability with minimum limits of $1,000,000 per
Occurrence, combined single limit for Bodily Injury and Property Damage.
Coverage must be afforded on a form no more restrictive than the latest edition
of the Business Automobile Liability policy, without restrictive endorsements, as
filed by the Insurance Service Office, and must include Owned, Hired, and Non-
Owned Vehicles.
iv. Professional Liability Insurance in an amount of not less than $1,000,000.00
per occurrence, single limit.
c. CONTR.ACTOR must furnish the CITY with Certificates of Insurance, which are to
be signed by a person authorized by that insurer to bind coverage on its behalf,
reflecting the City as an Additional Insured (except with respect to professional
Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days
after award of this Agreement and prior to the execution of this Agreement by City
and prior to commencing Services. Each certificate shall include no less than (30)
thirty-day advance written notice to City prior to cancellation, termination, or material
alteration of said policies or insurance. The Consultant shall be responsible for assuring
that the insurance certificates required by this Section remain in full force and effect
for the duration of this Agreement, including any extensions or renewals that may be
granted by the City. The Certificates of Insurance shall not only name the types of
Page 4 of 17
r,
policy(ies) provided, but also shall refer specifically to this Agreement and shall state
that such insurance is as required by this Agreement. The City reserves the right to
inspect and return a certified copy of such policies, upon written request by the City.
If a policy is due to expire prior to the completion of the Services, renewal Certificates
of Insurance shall be fiirnished thirty (30) calendar days prior to the date of their policy
expiration. Each policy certificate shall be endorsed with a provision that not less than
thirty (30) calendar days' written notice shall be provided to the City before any policy
or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to
approval of the City.
d. Except with respect to Professional Liability Insurance and Worker's Compensation
Insurance, the City is to be specifically included as an Additional Insured for the
liability of the City resulting from Services performed by or on behalf of the Consultant
in performance of this Agreement. The Consultant's insurance, including that
applicable to the City as an Additional Insured, shall apply on a primary basis and any
other insurance maintained by the City shall be in excess of and shall not contribute to
the Consultant's insurance. The Consultant's insurance shall contain a severability of
interest provision providing that, except with respect to the total limits of liability, the
insurance shall apply to each Insured or Additional Insured (for applicable policies) in
the same manner as if separate policies had been issued to each.
e. The insurance coverages procured by CONTRACTOR as required herein will be
considered as primary insurance over and above any other insurance, or self—
insurance, available to CONTRACTOR, and any other insurance, or self-insurance
available to CONTRACTOR will be considered secondary to, or in excess of the
insurance coverage(s) procured by CONTRACTOR as required herein.
10. General Provisions. CONTRACTOR must comply with the following general
provisions:
a. Bond. If a surety bond has been required for CONTRACTOR's faithful performance
and payment, and if at any time the surety is no longer acceptable to the CITY,
CONTRACTOR must, at its expense, within five (5) days after the receipt of notice
from the CITY to do so, furnish an additional bond or bonds in such form and with
such Surety or Sureties as are satisfactory to the CITY. The CITY will not make any
further payment to CONTRACTOR, nor will any further payment be deemed to be
due to CONTRACTOR, until such new or additional security . for the faithful
performance of the work is furnished in a manner and form satisfactory to the CITY.
b. Compliance with Laws. In providing the Scope of Services, CONTRACTOR must
comply with all federal, state, and local laws, statutes, ordinances, rules, and
regulations pertaining to or regulating the provision of such services, including those
now in effect and hereafter adopted.
c. Personal nature of Agreement; Assignment.
i. The parties acknowledge that the CITY places great reliance and emphasis upon
the laiowledge, expertise, training, and personal abilities of CONTRACTOR.
Page 5 of 17
Accordingly, this Agreement is personal and CONTR.ACTOR is prohibited from
assigning or delegating any rights or duties hereunder without the specific
written consent of the CITY.
ii. If CONTRACTOR requires the services of any subcontractor or professional
associate in connection with the work to be performed under this Agreement,
CONTRACTOR must obtain the written approval of the CITY Project Manager
prior to engaging such subcontractor or professional associate. CONTRACTOR
will remain fully responsible for the services of any subcontractors or
professional associates.
d. Discrimination.
i. CONTRACTOR shall not discriminate against any employee employed in the
performance of this Agreement, or against any applicant for employment
because of age, ethnicity, race, religious belief, disability, national origin, or sex.
CONTRACTOR shall not exclude any person, on the grounds of age, ethnicity,
race, religious belief, disability, national origin, or sex, from participation in,
denied the benefits of, or be otherwise subjected to discrimination in any activity
under, this Agreement.
u. CONTRACTOR shall provide a harassment-free workplace, with any allegation
of harassment given priority attention and action by management.
e. Independent contractor.
i. CONTRACTOR is, and will be deemed to be, an independent contractor and not
a servant, employee, joint adventurer, or partner of the CITY. None of
CONTRACTOR's agents, employees, or servants are, or will be deemed'to be,
the agent, employee, or servant of the CITY. None of the benefits, if any,
provided by the CITY to its employees, including but not limited to,
compensation insurance and unemployment insurance, are available from the
CITY to the employees, agents, or servants of CONTRACTOR.
CONTRACTOR will be solely and entirely responsible for its acts and for the
acts of its agents, employees, servants, and subcontractors during the
performance of this Agreement. Although CONTR.ACTOR is an independent
contractor, the work contemplated herein must meet the approval of the CITY
and is subject to the CITY's general right of inspection to secure the satisfactory
completion thereof. CONTR.ACTOR must comply with all Federal, State and
municipal laws, rules and regulations that are now or may in the future become
applicable to CONTRACTOR, or to CONTRACTOR's business, equipment, or
personnel engaged in operations covered by this Agreement or accruing out of
the performance of such operations. The CITY will not be held responsible for
the collection of or the payment of taxes or contributions of any nature on behalf
of CONTRACTOR.
Page 6 of 17
c ,
u. CONTRACTOR will bear all losses resulting to it on account of the amount or
character of the work, or because of bad weather, or because of errors or
omissions in its contract price.
iu. CONTRACTOR must utilize, and must expressly require all subcontractors to
utilize, the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by CONTRACTOR and
any subcontractors during the Term of this Agreement.
f. Indemnification.
i. CONTRACTOR must indemnify and hold the CITY harmless against and from
any and all claims, losses, penalties, interest, demands, judgments, costs,
damages, or expenses, including attorney's fees and court costs, incurred by the
CITY, or its agents, officers, or employees, arising directly or indirectly from
CONTRACTOR's performance under this Agreement or by any person on
CONTRACTOR's behalf, including but not limited to those claims, losses,
penalties, interest, demands, judgments, costs, damages, or expenses arising out
of any accident, casualty, or other occurrence causing injury to any person or
property. This includes persons employed or utilized by CONTRACTOR
(including CONTR.ACTOR's agents, employees, and subcontractors).
CONTRACTOR must further indemnify the CITY against any claim that any
product purchased or licensed by the CITY from CONTRACTOR under this
Agreement infringes a United States patent, trademark, or copyright.
CONTRACTOR acknowledges that CONTRACTOR has received
consideration for this indemnification, and any other indemnification of the
CITY by CONTRACTOR provided for within the Scope of Services, the
sufficiency of such consideration being acknowledged by CONTRACTOR, by
CONTRACTOR's execution of this Agreement. CONTRACTOR's obligation
will not be limited by, or in any way to, any insurance coverage or by any
provision in or exclusion or omission from any policy of insurance, whether such
insurance is in connection with this Agreement or otherwise. Such
indemnification is in addition to any and all other legal remedies available to the
CITY and not considered to be the CITY's exclusive remedy.
ii. In the event that any claim in writing is asserted by a third party which may
entitle the CITY to indemnification, the CITY must give notice thereof to
CONTRACTOR, which notice must be accompanied by a copy of statement of
the claim. Following the notice, CONTRACTOR has the right, but not the
obligation, to participate at its sole expense, in the defense, compromise or
settlement of such claim with counsel of its choice. If CONTRACTOR does not
timely defend, contest, or otherwise protect against any suit, action or other
proceeding arising from such claim, or in the event the CITY decides to
participate in the proceeding or defense, the CITY will have the right to defend,
contest, or otherwise protect itself against same and be reimbursed for expenses
and reasonable attorney's fees and, upon not less than ten (10) days' notice to
CONTRACTOR, to make any reasonable compromise or settlement thereof. In
connection with any claim as aforesaid, the parties hereto must cooperate fully
Page 7 of 17
with each other and make available all pertinent information necessary or
advisable for the defense, compromise or settlement of such claim.
ui. The indemnification provisions of this paragraph will survive the termination of
this Agreement.
g. Sovereign Immunity. Nothing in this Agreement extends, or will be construed to
extend, the CITY's liability beyond that provided in section 768.28, Florida Statutes.
Nothing in this Agreement is a consent, or will be construed as consent, by the CITY
to be sued by third parties in any matter arising out of this Agreement.
h Public records.
i. CONTRACTOR is a"Contractor" as defined by Section 119.0701(1)(a), Florida
Statutes, and must comply with the public records provisions of Chapter 119,
Florida Statutes, including the following:
1. Keep and maintain public records required by the CITY to perform the
service.
2. Upon request from the CITY's custodian of public records, provide the CITY
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119 or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of this Agreement term and following completion of
the Agreement if CONTRACTOR does not transfer the records to the CITY.
4. Upon completion of this Agreement, transfer, at no cost, to the CITY all
public records in possession of CONTRACTOR or keep and maintain public
records required by the CITY to perform the service. If CONTR.ACTOR
transfers all public records to the CITY upon completion of this Agreement,
CONTRACTOR must destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If
CONTRACTOR keeps and maintains public records upon completion of
this Agreement, CONTRACTOR must meet all applicable requirements for
retaining public records. All records stored electronically must be provided
to the CITY, upon request from the CITY's custodian of public records, in a
format that is compatible with the information technology systems of the
CITY.
ii. "Public records" is defined in Section 119.011(12), Florida Statutes, as may,
from time to time, be amended.
iii. If CONTRACTOR asserts any exemptions to the requirements of Chapter 119
and related law, CONTRACTOR will have the burden of establishing such
exemption, by way of injunctive or other relief as provided by law.
Page 8 of 17
�
iv. CONTRACTOR consents to the CITY's enforcement of CONTRACTOR's
Chapter 119 requirements, by all legal means, including, but not limited to, a
mandatory injunction, whereupon CONTRACTOR must pay all court costs
and reasonable attorney's fees incurred by CITY.
v. CONTRACTOR's failure to provide public records within a reasonable time
may be subject to penalties under Section 119.10, Florida Statutes. Further,
such failure by CONTRACTOR will be grounds for immediate unilateral
cancellation of this Agreement by the CITY.
vi. IF THE CONTRACTOR HA.S QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, LANE GAMIOTEA, CITY CLERK, 863-763-
3372; EMAIL: lgamiotea@cityofokeechobee.com; MAII�ING ADDRESS:
City of Okeechobee, 55 SE 3rd Avenue, Room 100, Okeechobee, FL 34974.
i. Federal or State Funding. If any portion of the funding for this Agreement is
derived from the State of Florida, or any department of the State of Florida, or from
federal funding through the State of Florida, the provisions of this sub-paragraph
shall apply, provisions elsewhere in this Agreement to the contrary notwithstanding.
CONTR.ACTOR shall make inquiry from the CITY's Project Manager to determine
whether Federal or State funding is applicable to this Agreement.
i. E-Verify. CONTRACTOR must utilize, and must expressly require all
subcontractors to utilize, the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by
CONTRACTOR during the Term of this Agreement.
ii. Agency. CONTRACTOR agrees and acknowledges that it, its employees, and
its subcontractors are not agents or employees of the Federal Government, of
the State of Florida, or of any department of the Federal Government or the
State of Florida.
iii. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall
indemnify and hold harmless the CITY, Okeechobee County, the Federal
Government, the State of Florida, any department of the Federal Government
or the State of Florida, and all officers and employees, from liabilities, damages,
losses and costs including, but not limited to, reasonable attomey's fees, to the
extent caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. This indemnification
shall survive the termination of this Agreement. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida
and the CITY's sovereign imxnunity.
Page 9 of 17
iv. Workers' Compensation Insurance. CONTRACTOR must provide Workers'
Compensation Insurance in accordance with Florida's Workers' Compensation
law for all employees. If subletting any of the work, CONTRACTOR must ensure
that the subcontractor(s) have Workers' Compensation Insurance for their
employees in accordance with Florida's Workers' Compensation law. If using
"leased employees" or employees obtained through professional employer
organizations ("PEO's"), CONTRACTOR must ensure that such employees are
covered by Workers' Compensation insurance through the PEO's or other leasing
entities. CONTR.ACTOR must ensure that any equipment rental agreements that
include operators or other personnel who are employees of independent
Contractors, sole proprietorships or partners are covered by insurance required
under Florida's Workers' Compensation law.
v. Liability Insurance. Contractor shall carry Commercial General Liability
insurance providing continuous coverage for all work or operations performed
under the Agreement. Such insurance shall be no more restrictive than that
provided by the latest occurrence fortn edition of the standard Commercial
General Liability Coverage Form (ISO Form CG 00 O1) as filed for use in the
State of Florida. CONTR.ACTOR shall cause the State of Florida to be made an
Additional Insured as to such insurance. Such coverage shall be on an
"occurrence" basis and shall include Products/Completed Operations coverage.
The coverage afforded to the State of Florida as an Additional Insured shall be
primary as to any other available insurance and shall not be more restrictive than
the coverage afforded to the Named Insured. The limits of coverage shall not be
less than $1,000,000 for each occurrence and not less than a$5,000,000 annual
general aggregate, inclusive of amounts provided by an umbrella or excess
policy. The limits of coverage described herein shall apply fully to the work or
operations performed under the Contract, and may not be shared with or
diminished by claims unrelated to this Agreement. The policy/ies and coverage
described herein may be subject to a deductible. CONTRACTOR shall pay all
deductibles as required by the policy. No policy/ies or coverage described herein
may contain or be subject to a Retention or a Self-Insured Retention. At all
renewal periods which occur prior to final acceptance of the work, the CITY and
the State of Florida shall be provided with an ACORD Certificate of Liabiliry
Insurance reflecting the coverage described herein. The CITY and the State of
Florida shall be notified in writing within ten days of any cancellation, notice of
cancellation, lapse, renewal, or proposed change to any po 1 icy or coverage
described herein. T'he CITY's or the State of Florida's approval or failure to
disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or
excuse any obligation to procure and maintain the insurance required herein, nor
serve as a waiver of any rights or defenses the CITY or the State of Florida may
have.
vi. Inspections. CONTRACTOR shall permit, and require its subcontractors to
permit, the CITY's and the State of Florida's authorized representatives to inspect
all work, materials, payrolls, and records, to audit the books, records, and
accounts pertaining to the financing and development of the Services described
in the Contract Documents.
Page 10 of 17
vii. Auditor General Cooperation. CONTRACTOR shall comply with §20.055 (5),
Florida Statutes, and shall incorporate in all subcontracts the obligation to
comply with §20.055 (5), Florida Statutes.
j. E-Verify Compliance. Contractor affirmatively states, under penalty of perjury, that
in accordance with Section 448.095, Fla. Stat., Contractor is registered with and uses
the E-Verify system to verify the work authorization status of all newly hired
employees, that in accordance with such statute, Contractor requires from each of its
subcontractors an affidavit stating that the subcontractor does not employ, contract
with, or subcontract with an unauthorized alien, and that Contractor is otherwise in
compliance with Sections 448.09 and 448.095, Fla. Stat.
k. Federal-Aid Construction Contract. If this is a federal-aid construction project, it
shall be subject to the provisions in Exhibit A, which is attached hereto and
incorporated herein by reference.
11. Miscellaneous Provisions. The following miscellaneous provisions apply to this
Agreement:
a Binding Nature of Agreement. This Agreement is binding upon the successors and
assigns of the parties hereto.
b. Entire Agreement. This Agreement states the entire understanding between the parties
and supersedes any written or oral representations, statements, negotiations, or
agreements to the contrary. CONTRACTOR recognizes that any representations,
statements, or negotiations made by the CITY staff do not suffice to legally bind the
CITY in a contractual relationship unless they have been reduced to writing,
authorized, and signed by the authorized CITY representatives.
c. Amendment. No modification, amendment, or alteration in the terms or conditions of
this Agreement will be effective unless contained in a written document executed with
the same formality as this Agreement.
d Severability. If any term or provision of this Agreement is held, to any extent, invalid
or unenforceable, as against any person, entity, or circumstance during the Term
hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction,
such invalidity will not affect any other term or provision of this Agreement, to the
extent that the Agreement will remain operable, enforceable, and in full force and
effect to the extent permitted by law.
e. Construction. If any provision of this Agreement becomes subject to judicial
interpretation, the court interpreting or considering such provision should not apply
the presumption or rule of construction that the terms of this Agreement be more
strictly construed against the party which itself or through its counsel or other agent
prepared it. All parties hereto have participated in the preparation of the final form of
this Agreement through review by their respective counsel, if any, or the negotiation
Page 11 of 17
of specific language, or both, and, therefore, the application of such presumption or
rule of construction would be inappropriate and contrary to the intent of the parties.
f. Headings. All headings in this Agreement are for convenience only and are not to be
used in any judicial construction or interpretation of this Agreement or any paragraph.
g. Waiver. The indulgence of either party with regard to any breach or failure to perform
any provision of this Agreement does not constitute a waiver of the provision or any
portion of this Agreement, either at the time the breach or failure occurs or at any
time throughout the term of this Agreement. The review of, approval of, or payment
for any of CONTRACTOR's work product, services, or materials does not operate as
a waiver, and should not be construed as a waiver, of any of the CITY's rights under
this Agreement, or of any cause of action the CITY may have arising out of the
performance of this Agreement.
h Force Majeure. Notwithstanding any provisions of this Agreement to the contrary,
the parties will not be held liable if failure or delay in the performance of this
Agreement arises from fires, floods, strikes, embargos, acts of the public enemy,
unusually severe weather, outbreak of war, restraint of government, riots, civil
commotion, force majeure, act of God, or for any other cause of the same character
which is unavoidable through the exercise of due care and beyond the control of the
parties. This provision does not apply if the Scope of Services of this Agreement
specifies that performance by CONTRACTOR is specifically required during the
occurrence of any of the events herein mentioned.
i. Compliance/Consistency with Scrutinized Companies Provisions of Florida Statutes.
Section 287.135(2)(a), Florida Statutes, prohibits a company from bidding on,
submitting a proposal for, or entering into or renewing a contract for goods or services
of any amount it at the time of contracting or renewal, the company is on the
Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725,
Florida Statutes, or is engaged in a boycott of Israel. Section 287.135(2)(b), Florida
Statutes, further prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services over one million dollars
($1,000,000) if, at the time of contracting or renewal, the company is on either the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, both created pursuant to
section 215.473, Florida Statutes, or the company is engaged in business operations
in Cuba or Syria. Contractor hereby certifies that Contractor is not listed on any of
the following: (i) the Scrutinized Companies that Boycott Israel List, (ii) Scrutinized
Companies with Activities in Sudan List, or (iii) the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List. Contractor further hereby
certifies that Contractor is not engaged in a boycott of Israel or engaged in business
operations in Cuba or Syria. Contractor understands that pursuant to section 287.135,
Florida Statutes, the submission of a false certification may subject Contractor to civil
penalties, attorney's fees, and/or costs. Contractor further understands that any
contract with CITY for goods or services of any amount may be terminated at the
option of CITY if Contractor (i) is found to have submitted a false certification, (ii)
has been placed on the Scrutinized Companies that Boycott Israel List, or (iii) is
Page 12 of 17
engaged in a boycott of Israel. And, in addition to the foregoing, if the amount of the
contract is one million dollars ($1,000,000) or more, the contract may be terminated
at the option of CITY if the company is found to have submitted a false certification,
has been placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
has been engaged in business operations in Cuba or Syria.
Law; Venue. This Agreement is being executed in Okeechobee County, Florida and
is governed in accordance with the laws of the State of Florida. Venue of any action
hereunder will be in Okeechobee County, Florida.
12. Special Provisions. This Agreement is a non-exclusive contract; the CITY is not
prohibited, or deemed to be prohibited, from bidding similar services either as an independent
job or a component of a larger project.
IN WITNESS WHEREOF, the Parties hereto have signed and sealed this Agreement
effective the date first written above.
[REMAINDER OF PAGE 1NTENTIONALLY LEFT BLANK]
Page 13 of 17
FOR THE CITY:
,t . •
. ��..
Attest�: r ';
B � �` � ,�
Y: `-'
Lane Gamiotea, GM
City Clerk .
CITY OF OKEECHOBEE, a Florida
municipal corporation
�� /!� "'✓ '
�� : I�owling R. Watfor��Jr: Mayor
! �f �, r
Date Executed: '"��Cli'a�L�;��
Approved as to Form and Legal Sufficiency:
._��.
�
By: �=-
Nason Yeager Gerson Harris & Fumero, P.A.
City Attorney
Page 14 of 17
EXHIBIT A
SCOPE OF SERVICES
The scope of services to be provided by the Contractor under this Agreement includes
providing professional architectural services related to the planning, financing, design and
construction administration of the City's capital projects.
A. The Contractor agrees to be available to begin work promptly after receipt of a fully
executed copy of this Agreement. The City reserves the right to extend the term of this
Agreement for two additional terms of one year each on the same terms and conditions. In
order to extend the term, the City must notify the Contractor no later than 30 days prior to
the expiration of the then current Agreement except that the Consultant may waive this
notice requirement.
B. Specific work assignments will be initiated as directed by the City or its designated
representative and shall be set forth in individual work authorizations. All work
authorizations shall be executed by the Contractor on behalf of the City in accordance with
the City's purchasing policy. The work authorizations, at a minimum, shall describe the
scope of the work to be performed by the Contractor, the responsibilities of the Contractor,
the amount and basis for the compensation to the Contractor, and a schedule for completion
of the work by the Contractor.
The Contractor shall be compensated for all services rendered under this Agreement as
set forth in the individual work authorization executed for each project, either on a lump sum
basis or on an hourly fee plus cost basis. Work performed on a fee plus cost basis shall be
compensated as follows:
A. Fees shall be compensated based upon the applicable Hourly Rates for
Professionals below.
B. Cost shall be compensated based upon the schedule Schedule of Reimbursable
Expenses below.
All work is subject to the upper limit or lump sum amount established in each work
authorization.
Page 15 of 17
Hourlv Rates for Professionals
Principals
Senior Project Manager
Project Manager
CADD Manager
CADD Tech I
CADD Tech II
CADD Tech III
Office Manager/Administrative Assistance
Technical Support
$175.00/hr
$175.00/hr
$150.00/hr
$135.00/hr
$90.00/hr
$90.00/hr
$80.00/hr
$55.00 /hr
$55.00 /hr
Page 16 of 17
Schedule of Reimbursable Ezpenses
Transportation and Travel
a) Automobile Mileage
b) Transportation Fares, Lodging and Subsistence
Reproductions (In House)
a) Blue Line Prints
b) Sepia Prints
c) Mylar Reproducibles
d) Photocopies (letter or legal)
e) Photocopies (11"x17")
Reproducibles (Outside Service)
0.585
N/A
24x36 - $2.50/sheet 30x42 - $3.50/sheet
N/A
N/A
Letter B/W $0.25/copy Color $1.50/copy
Legal B/W $0.75/copy Color $2.25/copy
Ledger B/W $1.50/copy Color $3.00/copy
a) Blue Line Prints 24x36 -$1.80/sheet 30x42 -$2.70/sheet
b) Sepia Prints N/A
c) Mylar Reproducibles N/A
d) Photocopies (letter or legal) Letter B/W $0.15/copy Color $1.30/copy
e) Photocopies (11"x17") Ledger B/W $0.25/copy Color $1.80/copy
Recording Fees and Permit Fees
Delivery and Courier Service
Telecommunication Services
N/A
At Cost
At Cost
Note: Services of Sub Contractor will be negotiated with each work authorization as needed.
Page 17 of 17
AGREEMENT
B�TWEEN TI3E QKE�CHOBEE CDUNTY SCHOOL BOARD AND
CONSULTANT FOR CONTINUING PROFESSIONAL ARCHITECTURAL
SERVICES
�oct
THIS AGREEMENT� made and entered into this 19'� day of Januarv, �.'�, by and bet�veen The
Okeechobee County School Board (the "Board") and CRA Arcl�ltecfs ("ConsultanP').
WITNESSETI3:
'w�+ RE,E�S� the Board proposes to retain the services of the Consultant to provide Architectural
services on a continuing basis to assist the Board, and
�H��+ AS� the Consultant has agreed to provide such professional services in accardance with tliis
Agreement.
NO�� Z'HE�+ FO�+ � in consideration of the premises and the mlituaI benefits which �vill
accruc to the parties hereto in carrying out the terms of ti�is Agreement, it is mutually understood and
agceed as follo�vs:
1. GENERAL SCOPE OF AGRE�MENT
The relationship of the Consultant to the Board will be that of a professional consultant acting as an
independent contractor. Tlze Consultant wiIl provide the professional and technical services required under this
Agreement in accordance with acceptable Architectural practices and good ethical standards. Individnai work
assignments tivill be initiated on an assignmetzt by assignment basis upon the issuance of Work Authorizations by the
Board and/or their designee.
2. SCOPE OF SERVICES
The scope of services to be provided by the Consultant under this Agreement includes provid'uig
professional Architectural services related fo the planning, financuig, design and coustruction administration of the
Board's capital projects.
3. TERM OF AGREEMENT; EXTENSION; WORK
AUTHORIZATIONS
A. Tho Consultant agrees to be available to begin work promptty after receipt of a fully executed
copy of this Agreement. Unless tenninated earlier as provided for herein, this Agreement shall remain in effect until
December 10, 2021. The Board reserves the right to extend the term of this Agreement for t�vo additional tenns of
one year each on the same terms and conditions. In order to extend ttte tenn, the Board must notify the Consultant
no later than 30 days prior to the expiration of the then current Agreement except that the Consultant may waive tliis
notice requirement.
B. Specific �vork assiguments �vill be initiated as directed by the Board or its designated
representative and shall be set forth in individual Work Authorizations. All Work Authorizations shall be executed
by the Consuitant on bei�alf of the Board in accordance witli the Board's pi�rchasing poficy. The Work
Authorizations, at a minimum, shall describe the scope of the work to be performed by the Consu(tant, the
responsibilities ofthe Consultant, the amount and basis for the compensation to tlie Consultant, and a schedule for
completion ofthe �vork by the Cotzsultant.
assignment for the benefit of his, or its, creditors, or if a receiver si�ould be appointed on account of his, or its,
insolvency.
(2} If the Consultant should persistentiy or repeatedly refuse or fail, except in cases for which
an extension of time is provided, to provide the services contemplated by this Agreement.
(3) If the Consultant disregards laws, poIicies, or the inshuctions of the Board or othenvise is
guilty of u substantial violation of the provisions of the Agreement.
In the eveni of termination, the Cotisultant shall oniy be entitled to receive payment for authorized
professionai services satisfactorily performed prior to the termination date.
B. W ITHOUT CAUSE
Either party rnay terminaie the Agreement without cause at any t'vne upon thirty (30) calendar
days prior written notice to tha other party. In the event of termination, the Board shaIl compensate the Consultant
for alt authorized professional services satisfactorily performed prior to the tennination date.
8. FORCE MAJEURE
Neither party shail be liable to the other for failure to perform its obligations hereunder if and to the extent
that such failure to perfonn results from causes beyond its reasonable control (financial
dif�icuIty shall not be considered a cause beyond a party's cont�•oI), all of tvhich causes herein are called
"Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires;
unusual clunatic conditions, acts of God; acts of a public enemy; or inability to obt�in transportation or necessary
materials In the open market. Tlie party unable to perfonn as a result of force ttiajeure promptly shall notify the
other of the beginning and ending of each such period, and Board shall compensate Consultant �t tl�e rates set fort(�
l�erein, for the services perfonned by Consultant hereunder, up to the date of the beginning of such period. If any
period of force majeure continues for thirty (30) days of more, either party shall have the right to terminate this
Agreement upon ten (10) days prior �vritten notice to the otl�er party.
9. ASSIGNMENT
The Board and Consultant each binds itself and its successors, legal representatives, and assigns to tlie
other party to this Agreement and to the partners, successors, legal representative, and permitted assigns of such
other party, in respect to all covenants of this Agreement; and, neither the Board nor the Consultant �vill assign or
transfer its rights and obligations in this Agreement �vithout the �vritten consent of the other. Nothing herein shall be
construed as creating any personal liability on tlie part of any officer or agent of any public body, tvhicli tnay be a
party hereto.
10. AUDxT
The Consultant agrees that the Board or any of its duly aathorized representatives shall, nntil the expiration
of tlu�ee years after expenditure of funds under tliis Agreement, have access to and the right to examine any directly
pertinent books, documents, papeis, and records of the Consultant involving transactions related to this Agreement.
The Consuttunt agrees that payment(s) made under this Agreement shall be subject to reduction for a�nounts charged
thereto �vhich are fo�nd on the basis of audit examination not to constitute allowable costs under this Agreement.
The Consultant shall refund by check payable to the Board tlie amount of such redaction of paymeiits. All required
records sliall be maintained until an audit is completed and all questions arising ti�ere from are resolved, or three
years after cotnpletion of any project authorized under this agreement.
4. WORK PRODUCT
All sketches, tracings, dra�vings, compUtations, details, design calculations, and other documents and plans
that result from the Consultant's services under this Agreement shall become the property of and shall be delivered
to the Board tivithout restriction or limitation as to use. The Board agrees, ho�vever, that na additions, deletions,
cl�anges or revisions shall be made to such documents unless the Consultant's name and professional seat are
removed from the document. Any reuse of documents prepared by the Consultant for purposes outside of the scope
of t1�is agreement including Work Authorizations issued hereunder without �vritte�i verification or adaptation by the
Consultant for the specific purpose intended �vlll be at the sole risk of tlie Board and without liability or lega!
exposure to the Consultant. The Consultant shall utilize computer aicled design soR�vare (CAD} instead of manual
design and drafting techniques. The Board shall, at no additional expense be farnished one (1) set of reproducible
copies of any maps and/or dra�vings prepared for the Board by the Consaltant. In addition, the Consultant sl�all
provide tlie Board with digital copies of alt finished design and construction documents. The digital copies shall be
in .DXF format and conveyed on a mutual(y agreed media. Nohvithstanding any other provision of this Agreement,
aIl of Consultant's pre-existing or proprietary computer progams, software, information or rnaterials developed
outside of this Agreement shall remain the exclusive property of Consultant.
5. COMPENSATION
The Consultant shall be compensated for all services rendered under this Agreement as set forth in the
individual Work Authorization executed for each project, either on a lump sum basis or on an liourly fee plus cost
basis. Work perfonned on a fee plus cost basis shall be compensated as follows:
A. Fees shall be compensated based upon tlie applicable hourly rates (Schedule of Hourly Rates) set
forth in Exhibit A.
Cost shatl be compensated based upon the applicable nonpayroli expenses (Schedule of
Reimbursable Expenses) set forth ui F.xhibit B.
AII work is subject to the upper limit or lump sum amount established in each Work
Authvrization.
6. SUSPENSION, CANCELLATION OR ABANDONMENT
In the event the services of the Consultant called for under a Work Authorization issued pursuani to this Agreement,
are s«spended, canceled or abandoned by the Board, the Consuitant s1�aI1 be given five (5) days prior �vritten notice of such
action and shall be compensated for tlie authorized professional services satisfactorily performed prior to the date of
notification, cancellation or abandonment.
7. DEFAULT; TERMINATION
A. FOR CAUSB
If either party fails to fulfill its obligations under tl�is Agreement in a timely and proper mam�er,
the other party shall have the right to terminate this Agreement by giving �vritten notice of any deficiency and by
allo�ving the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct
the deficiency tvithin ti�is tune, this Agreement slialt terminate at the expiration of the seven (7) calendar day time
period.
With regard to the Consultant, the follo�ving items shall be considered defau[t under this
Agreement:
(1) If the Consultant should be adjudged bankrupt, or if he, or it, should make a general
,� .
1 I . INSURANCE
The Consultant sliall procure and maintain during the life of this Agreement insurance of the types and
subject to the limiis set fortli below. Proof of the follo�ving insura�zce will be fi�rnished by the Consultant by
Ceriificate of Insurance, which names The Okeechobee County Scliool Board, its ot�`icers, board members,
employees and agents as additionat insured on generai liabitity & automobile liability insurance policies. Such
certifcate must contain a provision for notification of the Board 30 days in advattce of any material change or
cancellation. The policies must be specifecally endorsed to grant the Board the same notification rights that it
provides to the first named insnred as respects cancellation and nonrene�vai. Tlie Board by and througli its Risk
Management Department and iti cooperation �vith the Contractuig Department, reserves the right to revie�v, modify,
reject or accept any required policies of insurance, including lunits, coverages or endorsements, herein &om time to
time throughout the term of this coniract.
All insuruice carriers providing insurance under this Agreeu�ent shall be Iicensed and authorized to do
business in the State of Florida. Alt insurance carriers must have an A.M, Best Rating of at Ieast A:VII or better.
When a self insured retention or deductible exceeds $5,000, Board reserves the rigl�t, but not the obligation, to
review and request a copy of Consultant's most recent annual report or audited financial statement.
AII contractors including any independent contractors and subcontractors utilized must comply �vith the
following insurance requirettlents:
A. CQMMERCIAL GENERAL LIABILITY INSURANCE, INCLUDING CONTRACUAL LIABILITY, TO
COVER THE HOLD HARMLLSS AGREEMENT SET FORTH HEREIN, WITH LIMITS OF NOT LBSS THAN:
EACH OCCURRENCE
PERSONAI,IADVERTISING INJURY
PRODUCTS/COMPLETED OPERATIQNS AGGREGATE
GENERAL AGGREGATE
FIRE DAMAGL
MEDICAL EXPENSE
$1,000,000
$�,oao,000
$2,000,000
$2,000,000
$100,000ANY ] FIRE
$10,000 ANY 1 PERSON
AN ADDITIONAL INSURED ENDORSEMENT MUST BE ATTACHED TO Tf� CERTIFICATE OF
INSURANCE AND MUST 1NCLUDE COVERAGE FOR COMPLETED OPERATIONS (SHOULD BE ISO
CG20101185 OR CG20371001 & CG20100704) iJNDER THE GENERAL LIABILITY POLICY. PRODUCTS &
COMPLETBD OPERATIONS COVERAGE TO BE PROVIDED FOR A MINIMUM OF 10 YEARS �ROM THE
DATE OF POSSESSION BY OWNER OR COMPLETION OF CON1'RACT. COVERAGE IS TO BE
WRITTEN ON AN OCCURRENCE F'ORM BASIS AND SHALL APPLY AS PRIMARY. A PER PRO]ECT
AGGREGATE I.IMIT ENDORSEMENT SHOULD BE ATTACHED. DEFENSE COSTS ARE TO 8E IN
ADDITION TO THE LIMIT OF LIABILITY. A WANER OF SUBROGATION IS TO BE PROVIDED IN
FAVOR OF THE BOARD. COVERAGE FOR THE HAZARDS OF EXPI.OSION, COLLAPSE AND
UNDBRGROUND PROPERTY DAMAGE (XCU) MUST ALSO BE INCLUDED. COVERAGE SHOULD
EXTEND TO INDEPENDENT CONTRACTORS AND FELLOW EMPLOYEES. CONTRACTUAL LIABII,ITY
IS TO BE INCLUDED. COVERAGE IS TO INCLUDE A CROSS LIABILITY OR SEVERABILITY OF
INTERESTS PROVISION AS PROVIDED UNDER TI� STANDARD ISO FORM SEPARATION O�
INSUREDS CLAUSE. THERE SHALL NOT BE A"DAMAGE TO YOUR WORK" EXCLUSION IN THE
POLICY. POLICY IS TO INCLUDE COVERAGE FOR POLLUTION RELEASE AT PROJECT LOCATION 1N
WH1CH Tf� INSURED IS PERFORMING NON-ENVIRONMENTAL OPERATIONS. A"LIMITED
POLLUTION LIABILITY EXTENSION ENDORSEMENT" MAY BE A7TACHED. THERE SHALL BE NO
BXCLUSION FOR MOLD, SILICA OR RESPIRABLE DUST OR BODILY INJURY OR PROPERTY DAMAGE
ARISING OUT OF HEAT, SMOKE, FUMES OR ASH FROM A HOSTILE FIRE.
B. PROFESSIONAL LIABILITY. CONSULTANT MUST MAIIVTAIN PROFESSIONAC. LIABILITY OR
EQUIVALENT ERRORS & OMISSIONS LIABILITY WITH LIMIT OF NOT LESS THAN $1,000,000 PER
OCCURRENCB. FOR POLiCIES WRCTTEN ON A CLAIMS MADE BASIS, CONSULTANT SHALL
MAINTAIN A RETROACTIVE DATE PRIOR TO OR EQUAI. TO THE EFFECTIVE DATB OF THIS
CONTRACT. IN THE EVBNT THE POLICY IS CANCELED, NON-RENLWED, SWITCHED TO AN
4
OCCURRENCE FORM OR THERE IS A CHANGE IN RETROACTIVE DATE, CONSULTANT MUST
PURCHASE AN EXTENDED REPORTiNG PERIOD R1DER DURING THE LIFE OF THIS CONTRACT OF
NOT LESS THAN 3 YEARS. COVERAGE IS TO APPLY ON A PRIMARY BASIS.
C. BUSINESS AUTOMOBILE LIABILITY FOR ANY AUTO (ALL OWNED, HIRED, AND NON-OWNED
AUTOS) WITH LIMITS OF NOT LESS THAN $1,000,000 PER ACCIDENT. IN THE EVENT CONSULTANT
DOES NOT OWN ANY AUTOMOBILES, THE BOARD WILL ACGEPT PRODF OF HIRED AND NON
OWNBD AUTO LIABILITY ONLY. CERTIFICATE HOLDER MUST HE LISTED AS ADDITIONAL
INSURED. A WAIVER OF SUBROGATION MUST BE PROVIDED. COVERAGE SHOULD APPLY ON A
PRIMARY BASIS.
D. WORKER'S COMPENSATION INSURANCE . WITH LIMITS EQUAI. TO FLORIDA STATUTORY
REQUIREMENTS. EMPLOYERS LIABILITY MUST INCLUDE LIMITS OF AT LEAST $IQQ,OQO EACH
ACCIDENT, $100,000 BACH DISEASE/EMPLOYEE, $500,000 EACH DISfiASE/MAXIMUM. A WAIVER OF
SUBROGA'FION MUST BE PROVIDED. COVERAGE SHOULD APPLY ON A PRIMARY BASIS. SHOULD
SCOPE OF WORK PERFORMED BY CONTRACTOR QUALIFY ITS EMPLOYEE FOR BENEFITS UNDER
FEDERAL WORK6RS COMPENSATION STATUTE (EXAMPLE, U.S. LONGSHORE & HARBOR
WORKERS ACT OR MERCHANT MARINE ACT), PROO� OF APPROPRIATE FEDERAL ACT COVERAGE
MUST BE PROVIDED.
Any insurance provided which does not meet the above requirements will not be deemed acceptable under
the terms of this contract unless accepted in writing by Boazd's Risk Management Department.
12. INDEMNII'ICATION �
To ttie fuilest extent permitted by la�vs and regulations, and in consideratio�i of the amounts paid to
Consultant under this Agreement, the Consultant shali defend, indemnify, and hold harmless the Board, its officers,
directors, agents, guests, invitees, and employees frotn and against all liabilities, damages, losses, and costs, direct,
indirect, or consequential (including hut not li►nited to reasonable fees a�d charges of engineers, architects,
attorneys, and other professionals and court and arbitration costs) arising out of or resiilting from any acts of
negligence, recklessness, or intentionai wrongful misconduct in the perfonnance of the work by the Cot�sultant, any
contractor, subcontractor, or any person or organization directly or uidirectly employed by any of them to perform or
furnish any of tl�e work or anyone for �vhose acts any of thent may be liable.
In any and aIl claims against the Board, or any of its officers, directors, agents, or emptoyees by any
employee of the Consuitant, any contractor, subcontractor, any person or organization directly or indirectly
employed by any of t[iem to perform or fumish any of the work or anyone for cvhose acts any of them may be liable,
this indemnification obligation shall not be timited 'ui any way by any [imitation an the amount or type of damages,
compensation, or benefits payable by or for tlie Consultant, or any sucli contractor, subcontractor, or other person or
organization under �vorkers' or tvorkman's compensation acts, disability be��efit acts, or otiier employee benefit acts,
nor shall this indemnification obligation be limited in any �vay by any limitation on the amount or type of insurance
coverage provided by the Board, the Consultant, or any of his contractors or subcontractors. To the extent this
indemnification conflicts with any provision of Florida ta�v or statute, this indemnification shali be deemed to be
amended in such a manner as to be consistent �vith such la�v or statute.
Acceptance by the Consultant of the last payment shali be a release to the Board and every officer and agent thereof,
from all claims and (iabllity hereander for anything done or furnished for, or relating to the �vork, or for any act or
neg(ect of the Board, or of any person relating to or affecting the work.
Tlie parties agree that to the extent the written terms of this u�demnification conflict �vith any provisions of
F'lorida la�vs or statutes, in particular Sections 725.06 and 725.08, Florida Statutes, the written terms of this
indemnification shall be deemed by any court of competent jurisdiction to be modified in such a manner as to be in
ful! and complete compliance with all sucli la�vs or statutes a►id to contain sach Iimiting conditions, or limitations of
liability, or to not contain any unenforceable, or prohibited term or tenns, such that tl�is u�demnification shall be
enforceable in accordance �vith and to the greatest extent pennitted by Ftorida Law.
5
�
13. PROHIBITION AGAINST CONTINGENT FEES
The Coi2sultant �varrants that it 1�as not employed or retained any company or person, other than a bonafide
employee working solely for the Consultant, to solicit or secure this Agreement, and that I�e has not paid or agreed
to pay any persons, company, corporation, individual or %rm, ather than a bona�ida employee �vorking solely for the
Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the
a�vard of making this Agreement.
14. ATTORNEY'S FEES AND COSTS
In tlie event of any dispute concem��g tlie tenns and conditions of this Agreement or in the event of any
action by any party to this Agreement to judicially interpret or enforce tlus Agreement or any provision hereof, or in
any dispute arising in any manner from this Agreement, the prevail'u�g party shall be entitled to recover its
reasonable costs, fees and expenses, including but not limited to, tivitness fees, expert fees, consultant fees, attorney,
paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be
brought or not, and whekher any settlement shaIl be entered in any declaratory action, at trial or on appeal.
15. NON DISCRIMINATION
The School District of Okeechobee County has adopted Board Policy 6.43, Unlawful Discrimination
Proliibited. No person shail, on ttie basis of race, color, religion, gender, pregnancy, age, nationaI or ethnic origin,
genetic information, palitical beliefs, tnaritai status, sexual orientation, gender identity, disability, if otherwise
qualified, social and family background or on the basis of the use of a Ianguage other than English by Limited
English Proficiency (LEP) students, be excluded from participation in, be denied tha benefits of, or be subjected to
discritninatIon under any education program or activity, or in any employment conditions or practices conducted by
Uiis School District, except as provided by la�v.
The School Disfict of Okeechobee County shali comply witli all federal and state laws �vhich include the Title II of
the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008 (ADAAA), Title
IX, Section 504, Florida Education Equity Act, Age Discrimination in Emplo}nnent Act (ADEA), Genetic
Information Non-Discrimitzation Act of 2008 (GINA), and the Boy Scouts of America Equal Access Act.
Any employee, student, applicant for admissions, or applicant for employment who believes lie/she l�as been
discruninated against or has been harassed by a�iother employee, student, or third party is encouraged to use the
Equity Plan Grievance Procedure for filing complaints. Comptaints may be filed with the principal or immediate
supervisor, District Equity Coordinator/Director of Haman Resources or the Superintendent.
DirectorofHuman Resources
Title II, Title IX and the Florida Education Equity Act Complaints and
ADA/Sectiou 504 Complaints
700 SW 2"d Avenue, Okeechobee, FL 34974
(863) 462-5000 E�. 1067
16. VERIFICATION OF EMPLOYMENT STATUS
The Consultant agrees that it shall bear the responsibiIity for verifying the e�izployment status, under the
immigration Reform and Control act of 1986, of al) persons it employs in the perfortnance of this Agreement.
�
�
I7, NOTICE
All notices, invoices, requests, consents, and other communications required or permitted under this
Agreement shall be in writirig and shall be (as elected by the person giving such notice) hand delivered by
messenger or courier service, Tele-communicated, or mailed, addressed:
As to the Board:
Okeechobee County School Board
Operations Department
700 SW 2'� Ave
Ofceechobea, Florida 34474
Facsimile (863) 462-5166
As to Consultant: .
CRA Architects
2027 Thomasville Rd
TalIahassee, FL 23208
(850)385-6153
or to such other address as any party may designate by notice comp[ying �vith the terms of this Section. Each such
notice shall be deemed delivered (a) on the date deiivered if by personal delivery, (b) on the date upon �vhic(t tlie
delivery is received from the postal authorities, if mailed, or (c) upon the date Tele-cotmnunicated.
18. COMPLIANCE WITH LAWS
The Consultant, its employees, subcontractors or assigns, shall comply �vith all applicable federal, state,
and local la�vs and regulations relatu�g to the performance of this Agreement. The Board undertakes no duty to
ensure such compliance, but �vill attempt to advise Consultant, upon request, as to any such laws of which it has
present knowledge.
19. TRUTH -IN-NEGOTIAT'ION CERTIFICATE
Execation of this Agreement by Consultaut shall act as the execution of a truth-in-negotiation certifcate
stating that wage rates and other factual unit costs sapporting the compensation of this Agreement are accurate,
complete and current at the iime of execution of the Agreement. The original Agreement rates and any additions
thereto shall be adjasted to exclude any significant sums by which the Board determines the Agreement rate(s) �vas
increased due to inaccurate, incomplete, or non-current �vage rates and other factuai unit costs. AlI sucli rate
adjustmeuts shall be made �vithin one year following the end ofthis Agreement.
20. NON-WAIVER
The rights of the parties under this Agreement sha(1 be cumulative and the failure of eifher party to exercise
properly any rights given hereunder shall not operate to forfeit any of the said rights.
21. CONFLICT OI' INT�REST
The Consultant represents that it presently has no interest and shall acquire no interest, either direct or
indirect, which �votQd conflict in any manner with the performance of services required hereunder, as provided for in
Florida Statutes 112.311. The Consultant further represents that no person having any interest shall be employed for
said performance. The Consultant shalI promptIy notify the Boarci in Writing by certified mail of all potential
conflicts of interest prohibited by existing state latiy for any prospective business association, interest or otlier
circumstance whicli may influence or appear to influence the Consultant's judgment or quality of services being
provided hereunder. Such �vritten notification shali identify tha prospective business association, ittterest or
circumstance the nature of �vork that the Consultant may uudertake and reyuest an opuiion of the Board as to
whether the association, interest or circumstance �vouid, in the opinion of the Board, constihite a conflict of interest
if entered into by the Consultant. The Board agrees to notify the Cans�ltant of its opiition by certified maii withi�z
thirty (30) days of receipt of notification by the Consultant. If, in tlie opinion of the Board, tlie prospeciive business
association, interest or circumstance �vouId not constitute � conflict of u�terest by the Consultant, the Board shall so
state in the notiiication and Ehe Consultant sl�all, at his/her option, enter into said association, interest or
circumstance and it shall be deemed not in conflict of uiterest �vith respect to services provided to the Board by the
Consultant under tlie terms ofthis Agreement.
22. LITIGATION SERVICES
It is understood and agreed that the Consultant's services under this Agreement do not incIude
participation in any Iitigation as an expert �vitness. ShouId such services be required, a suppiemental agreement may
be negofiated between the Board and the Consultant describing the services desired and providing a basis for
compensation to the Consultant.
23. MEDIATION
'In the event of a dispute bet�veen the parties in conctection �vith this Agreement, the parties agree to submit
the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree
on a mediator chosen from a list of certified mediators avaiIable from the Clerk of Couit for Okeechobee County.
The fee of the mediator sha(1 be shared equally by the parties. To the extent allo�ved by law, the mediation proves
shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall
reot be admissible as evidence in any subsequent proceed'u�g concerning the disputed issue.
24. DRUG FREE WORKPLACE
In accordarice �vith Florida Statute 287.087, preference shall be given to businesses �vith drug-free �vorkplace
programs. Wheuever rivo or more bids whicli are equal �vith respect to price, quality and service are received by the
State or by any political subdivision for the procurement of commodities or contractual services, a bid received &om
a business that certifies that it has implemented a drug-free �vorkplace program shaIl be given preference ui the
award process. Established procedures for processing tie bids will be follo�ved if none of the tied vendors have a
drug-free �vorkplace program. In order to liave a drug-free workplace prograin, a business shall:
1. Publish a statement notifying employees that the unla�vfiil manufacture, distribution, dispensing, possession
or use of a controlled substanca is prohibited in the workplace and specifying the actions that �viU be taken
against employees for violations of such prohibition.
2. Inf'orm employees aboiit the dangers of drug abuse in the work-place, the business's policy of maintaining a
drug-free work-place, any available drug counseIing, rehabilitation, and employee assistance programs and
penalties that may be i�nposed upon employees for dn�g abuse violations.
3. Give each employee engaged in providing the commodities or contractual service that are under bid a copy
of the statement specified in subsection (1).
4. Li the statement specified in subsection (1) notify empIoyees that as a condition of �vorking on the
cotnmodities or contractual services that are uncler bid, the einployee will abide by the terrus of the statement
and �vill notify the employer of any conviction of, or plea of guilty or nolo contendere to, aiiy violation of
chapter G93 or of any co�itrolled substance faw of the United States or any state, for a violation occurring iii the
�vorkplace na later tlian five (5) days after such conviction.
5. Impose a sanction on, or reguire the satisfactory panicipation in a drug abuse assistance or rehabilitation
program if such is available in the empIoyee's community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free �vorkplace throagh implementation of tlus
section.
2S. TOBACCO-FREE ENVIRONMENT
POLICY 2.90
No student, employee, parent, volunteer, contractor, spectator, or scliool visitor is permitted to use tobaceo products
of auy kind, including che�ving tobacco, synthetic tobacco products, an@ electronie eigarettes/cigars, in any District-
o�vned/controlled iacility or vehicle, or at any District or school-sponsored evcnt in tlie presence of students
26. INTERPRETATION; VENUE
This Agreement constitates the entire agreement berivee�� the parties witi� respect to the subject matter
hereof and supersedes alI prior verbal or written agreements bet�veen tlie parties �vitti respect thereto. Ti�is
Agreement may only be amended by �vritten document, properly autt�orized, executed and delivered by both parties
hereto. 'This Agreement shaIl be interpreted as a whole unit and section headings are for convenience only. The
latvs of the State of Florida shalt govern all interpretations. In the event it is necessary for either party to initiate
legal aetion regarding this Agreement, venue shalt be in the Nineteenth Judicial circuit for Okeechobee County,
Florida, for claims under state la�v and the Southern District ofFlorida for any claims tivhich are justifable in federal
court.
' IN WITNESS WHEREOF� tlie parties hereto have accepted, made and executed this
Agreement upon the tenns and conditions above stated.
THE OKEECHOBEE COUNTY
SCHOOL BOARD
ATTEST:
� ,_
. � /� o .� �
I
s
BY:
CHAIRMAN
APPROV�D AS TO FORM AND
CORRECTIVESS
,
.�---•
��Cc%�C°c.[t ' �..�-
,
�BOA�tD A ORNEY
CRA
ARC�ITECTS INC
WITNESSES:
f �2z.���� c,���
.. ��- - ..
By•
it Name: Gre
e: Associate
ia
•,. i
. ' .
EXHIBIT `�A"
Okeechobee County School Board Fee Schedule
For Continuing Architectural Services
Hourly Rates for Professionals
Principals
Senior Project Manager
Project Manager
CADD Manager
CADD Tech I
CADD Tech II
CADD Tech III
Office Manager/Administrative Assistattce
Technical Support
11
$175.00/l�r
$175.00/hr
$150.00/lu�
$135.00/l�r
$90.00/hr
$90.00/hr
$80.00/hr
�55.00 /hr
$55.04 /l�r
�
EXHIBIT "B"
Okeecliobee County School District Fee Schedule
For Continuing Architectural Services
Scl�ediile of Relmhursable I;xnenses
Transportation and Travel
a) Aiitomobile Mileage 0.585
b} Transportation Fares, Lodging and Subsistence N/A
Reproductions (In House)
a) Blue Line Prints 24x36 -$2.50/sl�eet 3ax42 -$3,50/sheet
b) Sepia Prints N/A ,
c) Mylar Reproducibles N/A
d) Photocopies (letter or iegal) Letter B/W $0.25/copy Color $1.50%opy
Legal B/W $0.75/copy Color $2.25/copy
e) Photocopies (11"x17") Ledger B/W $1.50%opy Color $3.00%opy
Repreducibles (Outside Service)
a) Blue Line Prints 24z36 -$1.80/sheet 30x42 -$2.70/sheet
b) Sepia Prints N/A
c) Mylar Reproducibles N/A
d} Photocopies (letter or legal} Letter B/W $0.15/copy Color $1.3Q/copy
e) Photocopies (l I"x17") Ledger B/W $Q.25/copy Co]or $1,8U/copy
Recording Fees and Pennit Fees N/A
Delivery and Courier Service At Cost
Telecommunication Services At Cost
Note:
Services of Sub Consultant �vil[ be negotiated �vith each �vork authorization as needed.
12
. ' , ..
CRA Architects
Exhibit "C"
Contractor's Duties Regarding Public Records
(A) Compliance with Florida Laws
Contractor must provide public access to al! records concerning this Contract
according to appticable Florfda laws including Chapter 1 19, Florida Statutes. If
Contractor asserts any exemptions to Florida's publ�c records laws, Contractor has the
burden of establishing and defending the exemption,
(B} Recordkeeping and Public Access
Under Florida Statutes 1 19.0701 a request to inspect or copy pubtic records relating
to a School District contract for services must be made direct[y to the School District.
In addition, Contractor must: (t) keep and maintafin public records required by the
Schoo! District in order to perform the service; {2) upon request from ihe School
District's custodian of public records, provide the School District with a copy of the
requested records or allow fihe records to be inspected or copfed within a reasonable
time at a cost that does not exceed the cost provided by law; (3) ensure that public
records that are exempt or confidentfial and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the
contract term and following completfon of the contract if the Contractor does nofi
transfer the records to the Schoo[ District; and {4} transfer, at na cost, to the School
District, all public records in possession of the Contractor or lceep and maintain public
records required by the School district to perform the service. If the Contractor
transfers all public records to the School bistrict upon completion of the Contract, the
Contractor shall destroy any dupticate pubEic records that are exempt ar confidenfiial
and exempt from public records disctosure requiremenfis. if the Contractor keeps and
maintains publfic records upon completion of the Contract, the Contractor sha(t meet
all applicable requirements of retaining the pubtic records. Atl records stored
electronically must be provided to the School District upon request from the School
District`s custodian of public records, in a format that is compatible with the
information technology sysfiems of the 5chool District. At the conclusion of the
Contract with the School District, Contractor shaEl provide to the Schoot District all
electronic records associated with this Contract on etectronic media {CD-ROM or USB
ftash drive}.
(c)
IF THE CONTRA,CTOR HAS QUESTIONS It�GARDING THE APPLICATION OF
CHAPTER 11.9, rLORIDA STATUTES, TO TH� CONTR.A.CTOR'S DUTY TO
PROVIDE PUBLIC R�CORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT TEL�PHONE NUMBER 863-462-5000 x 1026,
�MAIL ADDR�5S kenworthykaa okcc.kl2.fl.us A.ND MAILING ADDRESS: 700 S.W.
Second Avenue, Okecchobee, FL 34974. Contractor affirmatively staies that pursuant to
F.S. 288.061(6) it is registered with and uses the E-Verify system, as defined in s. 448.095, to verffy the
work authorizatlon status of all newly hlred employees.
13
0
Okeechobee County School Board
863-462-SOQO 700 3.W. Second Avanuo Fux 863•A62-S 151
Okeechabec, Florida 34974
November 15, 2021
CRA Architects
Greg Kelley
Dear Greg,
Chalrperson
Amandu Rtedei
Vtce Chalrperaon
Mclisalehncr
Membera
10o Amatd
1111 Hofcomb
Mallssn Morgan
Okeechobee County Schools would apprecfate your conslderation for renewal of the
Contfnuing Contract for Archltectura! Services, The renewa! period is for the perlod
December 14, 2021 — December 14, 202Z with the same pricing, terms, and
conditions in the contract.
l.et us know your declslon by checking and signing below. Then fax or emaf( the
document to (863)462-5166 ar tefF.dfef�dorfCa�pkee k12 fl�t
P�p ok k 2 f� �,►e
.�ES, t wlll renew the Contlnuing Contract for qrchltectural Servlces
renew the Contlnufng�ptract for Archltecturat Servloes
Name
Thank you for your asststance and I look forward to your reply,
Sincerely, `�/� �`' C�� i�
1
Jeff Dlefendorf
Dlrector of Operations/Maintenance
School Board of Okeechobee Caunty
�. �:
,
,Sl�'��
� : ; ���
�,�..' "" l, '`
`��`���
�tr•i t,�
►' "1i �.
',i �'r,i`'i ,�'�lt�
:.�;s�����a.;?�;,
i��rjl;lfa�,:;;4;;,, �
'`4;:,;.�
Achfevtng Excellencei Putting 5tudents Flrst!
N•�[ W � ►'A�� 4KIN4 �.
AccR�a�r�u
�incEO ��
�
�
Document B�01" -- 2017
Standard Form of Agreemenf Befween Owner and Archttect �
AfiREEMENT mado sa oftha day of January fn the year T�iventy-Twenty-One
(In ivords, lndtca�e day, mon�h and year.J
BETWEEN the Archltect'a clicnt identlfied as the Owner:
(Name, legal stalus, address and other information)
Tha Sohool Board of Okecchobeo County� Blorfda
700 S W 2°d Avenue
Okeeohobee, RL 34974
863-462-5000
and the .Azchitect:
(Name, legal stalus, address and otherinformation)
Clamons, Rutherford 8c Assooiates, Inc,
2027 Thomasvilta Rosd
Tallahassea, PI, 32308
850-385-6153
for tha followingProject:
(Name, locaKon and detalled descrlption}
New Okeechobea High School
2800 Highway A4I N
Okeechob ee, FL 34972
+!-1,$00 Student Stationa
The Owner and Architect agrea as follows.
ADD{TfOFiS AND �HLETIONB:
The suthor of lhfs dacument has
edded Informedan needed for Ifs
oompleUon. The euthor may elso
hava ravisad the text of t�e odginal
AIA etendard torm. M AddlUons snd
Datetlons Report that notes edded
Informallon as we11 as revislans lo the
stenderd (orm fext is svallabtA from
1he aulhor and ehould be ravlewsd. A
verilcat Ilne In the feft margln of lhfa
document 1ndlcatea where the author
hes added necessaty tnfortnailon
end Whete lh� aulhorhas edded to or
deletea frotn 1he odgrnal AIA text.
This document has Important legal
conaequences. ConaulteUon vrllh en
aftomey ls encouraged wUh reapect
to Its compleRlon or moditication.
AfA Dooument Bt01"--2017. Copyrlght O 1874, i978,1887,1897, 2007 and 2017 by'fhe Amadcen Irutltute oiArchltecta. W1 dghta reaarvad, ihe Ame�tcan
Init. InsBtuteofArchNeats;'/UA; IheAlALogo,snd•AIAContreo4Documente'arereglsteredtrademerkearximaynalbeweAwllhoutpartnlsa(on.Thladooumentwea ,�
produced by AIH soRwara at 10:32:06 ET on 01r26/2021 under Order No.7817187288 which explres on O7lOCJI021, ta not for roaef e, la Ilcensed (or one-0me uae
/ on�y, and mey oNy be uaed In eaoordence w11h Q�e AW Contrect Documenta• Tertne of 8eMce. To report oopydghi NdeOone, e{nall aopy�tght�ele.org.
UserNotes: (i932944i38)
YABLE OF ARTlCLES
1 INiTfAL INFORMA7IQN
2 ARCHITECT'S RESPONSIBILITIES
3 . SCOPE OF ARCHITECT'S 9A51C SERVICES
4 SUPPi.�MENTAt AND ADDITIONAL SERViCES
5 dWNER'3 RESPON51B1LITIES
8 COST OF 7HE WORK
7 COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 iERMINATION OR SUSPENSIOH
'{0 MISCELLANEOUS PROVISIONS
11 COMPENSATlON
12 SPECIALTERNESANDCONDIT[ONS
13 SCOPEOFTHEAGREEMENT
ARTICLE 7 1NITIAL IMFORMATION i
§'1.1 This Agreemant ia based on tha TniHst Wormation sat forth in thIs Sectlon I.1.
(For each ften: tn ihls sectton, insert Jhe t�'ormatlon or a statement such ns "not appllcable" or "unknown at time nf ;
execu�ion.'j
§ 1.4.1 Tha Owner's program for the Projec�
(Insert the Owner's program, ident� docurrtentattan that establlshes the Osvner's progran:, or state the manner fn
whtch theprogram will be developed) .
! Prepared by Ownar and reviewed by Archltect
§ 1.1.2 The ProjeaYs phyaical characterlsHcs:
(Ident�J'yordescrlbepertinentt�'onnationabouttheProject'sphysfcalcharacterlsllcs,suchusslze; locallon;
dlmenstons; geotechnlcal reporls; atle bottndarles; tapographtc surveys; trq�?c and utiltty sludles; avallability of
publte and prlvate utllities and servtces; legal descrfpHon of the stte, etc.)
i +l-1,800 Siudent StaHons, Replacemant Sohool to be located on and adjacent to existing achool campus.
§'1.7.3 Tha O�mer's budgat for tha Cost of the Work, as def3ned in Seotion 6.1:
(Pravlde total and, �'known, a line ttem breakdostm.)
� �J- Sixty Threo-Millton-Dollars (+/- �63,000,000)
§ 1.1,4 The Owner's antieipated design and constructton milestona datcs:
.1 Design phasa milastona datas, if any:
� To Be Determined by Matual Agreement.
(n4E. � noaumon! 8101^ —YOt7. Copyrl8ht� 1874,1878,1887,1997, 2Q07 end 2a17 byTha Amedcan InsBtute ofArchlleota, M dgt�ta reaerved. The •Ametican
Instiluleof/vchttects;'AIH; IheAUlLopo,end'/UACan�ractDxuments ererogtateredUedemartcaendmaynotbeusedw[lhoutpertnleslon.Thlsdocumentwas 2
produced by AIA aoftwere at 10:32:06 ET on OSl2bl2021 under Order No.7817t8728B whtoh expfres on b7l06/2021, 4a not for resale, Is pcensed for one-Uma use
! only, end may anty be used h eocordance vAth Ihe AIA Contract Dooumenta� 7erme of SeMce. To report copyrtght vfdatlone, e•meG copyrlghl�ala.org.
Uaer Notea: {1932844739)
Construction comraeacament date;
To Ba Deterniined by Muival Agreement,
Substantial Complallon date oz dstes:
To Be Detarmined by Mutual Agreamant.
Ottiermilostone dates:
§ 1.1,5 The Ownar intands tha following procurement end daltvery metiiod for the Project:
(Iderrt(�'y melhod such as competttive bid or negotiated contract, as x�ell as any requ�rements for accelerated or
fast-irackdestgn andaonstrerclion, multtplebidpackages, orphased constructlort.J
To Be Determtned by Mutuel Agreament.
§ 9.1.6 Tha Owner's anHcipatad Sustainabto Ob,�ective for tba ProJect:
(Ident(fy and describe the O►vner's S'uslalnable Obfective jor 1he Project, {�arry.)
Not Applicable
§ 1.1,6.7 If the Owner idenHfies a Sustainabla ObjecHve, tha Owner and Archlteat ahall complate and incorporate ATA
Docwnent B204'�-�2017, Sustainable Frojeets Exhibit, ;Into this Agreomant to def{na the terms, condlttons and
services related to tha Ownar's Sustainable ObjecHva. IfE204-2017 is ineorporated into this agreemant, tha Owner
and Arahiteci shall incocpoxate the completed BZ04-2017 into the agreements wlth the consultants and cotttractora
performing servlcas or Work in any way assoclated wlth the Sustainabla Objecttva
§ 1.1.7 Tho Owuer idantifiaa the foltowing zapresentaHve in accordance wlth SeaHon 5.3:
(LlsE name, address, and other contaet ��f'ormatlon.f
Ken Kenworfhy, �patintendent & Asslatant 3uperintendant Dylan Tedders
Okeechobea County School D3strlet
700 SW 2°d Avenua
Okeechobee, FL 34974
863-452-5000 ext.lObl
§ 9.1.8 Tha pexsons or enHties, in. addiHon to tha Ownei's zepresentative, who ara requlred to revlew the ArchitecE's
submittals to tha Owner are as foltows:
(L►st �:ame, address, and other contaet i�tfo�matlon.)
Not Applicabla
§ 7.1.9 Tha Owner ahall ratain tha following conaultanta and contractors;
(Lfst name, legal status, address, and other contact f�J'ormaKon.)
Qeotechnical Engineer;
C:tvil Bngineer;
Oihex, if any;
§ 4.1.1Q The Architeat idanHfies the fol[owing representativa in accordanca tivlth Sectton 2.3:
Init. A�noaumentBtOt"-201T.CopyrightOt074,1B78,t087,1897,200Tand2017byThaAmeitoanlnaHtuleofArchlteote.Alirlghtereserved.The'Amedcen
fnelltuleofArchilects,' A1A; �heAlAlogo,and AIAContrectDowments'areregSsteredlrademerfcaandmeynotbeuaedvu(Ihoutpermission.Thisdooumentwee �
/ produced byAlA eoftvvate at 10:3�06 ET on OSl26C2021 under Order No.781718728B whlch explres on 07f061Z021, ls not for resele, ts pcenaed for me-dme use
onty, end may ooly be ueedln acoordenoe with Ihe AlA Cantrect Daovments� 7erma olServtce. To report oopyrlpht vldations, e-maQ copright�ela,oip.
Uaer Notes: ' (1932@44738)
(List name, address, aad other contact f�J'ormatfo�t.)
Willtam D. Rutherford, AIA; G�ccgory W. Kelley, AIA
Cfamons, Rutherford & Assoaiatos, Inc.
2027 Thomasvllle Road
Tallahassec, FL 32308
Telephona: 850-385-6I53; Fax: 850-386-8420
Ematl; bruthorfordCa�craarch{tects com; gkalleyQcraarchitects.com
§ 9.9.99 The Arohitect ahall retain tha consultants identifted in Sections 1.I.1 I.1 end 1.1.11.2;
(Llst »ame, legal sratus, address, and other contact t�J'ormatlon.)
§ 1.1.4i.7 Consultants rctained undex Basia Servic,�s:
.1 Stcuctural Bngiaeer;
Johnson & Assoclates
200 C�rove Park Lane #820
Dothsn, AI, 363Q5
334-671-4783
,2 Mechanical Bnglneer:
H2$ngineoring
1 I4 �ast S'� Avenue
Tallahassea, FL 32303
850-224 7922
.3 Btectrical Bngineer: ,
H2Engineering
114 $�st 5'� Avenue
Tallahassea, FL 32303
850-224-7922
§ 1.'1�11.2ConsultantexetaineduuderSupplementalServicas:
Civit Bngineering; Envkonmental; C�eoteeh $nginear; Lendscapa Arohiteat; Survayor; Kitchen Consuttaut
§ 1.9.12 Other ueiNal Information on whioh tho Agreament is based:
Not Applicable
§ 1,2 Tha Owner and Architect may rely an the IniHal Tn.formstion. Both parties, howevor, recognize that tha Initlal
Informatton may materially changc and, in that event, the Owner snd tha Architect shall appropriately adjust tha
Axchiiect's servlees, schedule for tha Architeet's servlces, and tha Architeet's eoraponsaHom Tha Owner ahatl ac�just
tha Ownar's budget for tha Cost of the Work and tha Ownar's antioipatod design and conatruation mllestonas, aa
necessary, to accommodate materlal changes in the Initlal Tni'orniation.
§ 1.8 Tha parties ahaB agcce upon protocols govcrntng the transmiaslon and usa of Inshumants of Servica or any other
informallon or documontation 3n digital %rm. Tha parties wlll uae A.IA Document E203'�-2013, Building
Informatlon Modaling and Dlgital Dats Exhibit, to estabHshtha profocols for tb.e devalopment, usa, transmisston, aud
oxchanga of dIgital data.
§ 1.3.1 Auy use of, or rellsnce on, all or a portion of a building informatlon model without agreement to protacnls
goveming the usa of, and raliauca on, the informatioa contuined iu tha madal snd wlthout having those protocols set
forth in AIA Documant 5203'r+�-2013, Building InformaHon Modeliag and Dlgltal Data Exhibit, and tha requisite
AIADocumcnt C�202TM-2013, ProjectBuiIding InformatlonModelingProtncol Form, shallba at tha using orrelying ,
AIA Dooument 8101' —2017. Copyright O 1874,1878,1887,1997, 200T end 2017 by The Amedcan Inattlute of Arohiteate. A9 dghte reaerved. ihe'Amerlcan
init. �nelttuteofArchltects;'AIA,'theAlAtogo,and•AtAContrsot0ocumenta'srerogUteredtredemarksendmeynotbeuaedwllhoutpemilsabn.7hfedoc�snentwas �
produced by A!A soRvrere at l0:32:05 ET on Q1C1b12021 under Order No.T817187288 which e�lres on o7105l2021, la not tor resafe, fs Ncenaed tor one-�me wa
! onry, end may onty be uaed In e000rdance wlth Ihe /VA ConVact Doccrnenta' Tertns of BeMrs. To repat oopyrlQht vtoiatlora, e-nmG oopyAght�ate.ag.
Uear Motesi (1852944738}
party's sole rlek and without lfability to the other party aad Its coatractors or consultants, tho authors of, ox contributors
to, tha building information model, and each oP thefr agents end employeas.
ARTICLE 2 ARCHITECT'S RE3PONSIBILITIES
§ 2.7 The Axchitect ahall provlde profcssional aervIces ns set forih in thie Agreement. Tha Archttect reprosents thst it
is properly llaensed in tha jurlsdicNou where tha Fioject is located to provtde tho services requiced by this Agreemeat,
or ahaU cause such servtces to be performed by appropriately licensed design profesaionals.
§ 2,2 The Arahitect ahall par�'orm ita satvlces coaslatent with tho professional akill and care ordlnarlly provided by
arcliltects pracHoing i.n thd same or aiinilsr iocalityunder tha same or similar olrcumatances. The,Aiahlteat sbsU
perform ita services as axpeditionsly as is conslstent vYith auch professioaal sldl[ and cara and the arderly progrese of
the Project,
§ 2,3 The Architect shall idantify a representatir�a authortzed to act oa behalf of the Arcl�itect wiW respect to the
Projeot.
§ 2.4 Bxcept with ttxa Ownoc's latowledge and consent, tha Architect ahall not engaga in any activity, or accept any
employment, intersst ox conttlbution that would xeasonably appear to compromise the Archiiect's professlonal
jadgtnent wIth respeet to this Project.
§ 2.5 �`he AYchitect ahall maintain tha following insurance unHl termittation of tlus Agreemenk If eay of the
rec�ulroments set forth below are in addition to the types and limite the Arc�itect normally maintains, tha Owner ehall
pay tha Architect as set forth iu SeeHon 11.9.
� 2.8.1 Commercial denerat Liability with poltcy Itmits of not less tlian one-milHon-dollacs ($1,000,000 ) for each
occunence and iwo-million-dollars ($ 2,000,000 ) in the aggregata for bodity iqjury and property damage.
§ 2.5.2 Autamoblla Liabillty covering vahleles owtted, and noa-owned vehicles used, by tha Architect wlth polloy
Iimits of not less than on�miliion-dollars (S 1,000,000 ) per accident for bodily iqjury, death of aay person, and
' pzoperty damage arIsing out of the owttership, maintenanca and usa of those motor vehicles, along wlth any other
I atatutorlly required automobile coveraga,
§ 2.5.3 The Architect may aohiava tha required Iimits and coveraga for Commarcial Cienez�l Liabillty snd Automobiie
L�sbiflty througti a combination ofprlmary and axcess or umbralla Iiability insucance, provided such prLnary and
axcess oz umbralla liability insuranca poliotes result in the asma or greater coveraga as the covarages required under
Sections Z.5.1 snd 2.5.2, and in no event ehal[ aay oxcess or unnbxella liabitity iasurance provlda narrowar covarage
than Wa pr[tnery polioy. The axcess polioy shall nat require the exhaustion of the undcrlying limits only through the
aetual payment by We underlying insurers.
§ 2.6.4 Workers' Compensallon at atatutory limits.
§ 2.5.6 Employers' Liability wlthpotiey limlts not Iess than fiv�hundred-thousand-dollars ($ 500,000 ) eaoh
accldent, Sv�hundred-thousand-dollars {$ 500,000 ) each employeo, and five-hundred-thousend-dollars (� 500,000
) poltoy limit. ,
§ 2.6.$ ProfesslonalLiability covering negligent acts, ercors and omissions in tha performanoa ofprofessional sazvlces
wIth polloy llmtts of not less than iive�million-doltars (S 5,000,000 ) per claim snd iive-millton-dollara (� 5,000,000
} in the aggregate.
§ 2.fi.7 Addiflonai lnsured Obllgatlons.'I'o tha fullestextentpermittedby law, thaArc3iitectshallcause thaprImary and
excess or umbrella pollces for Cammercial Gleneral Lisblllty and Automobila Liabllity to inalude tha Owner as an
addiHonal insnred for claims eaused in whole or ia pert by the Axchitect's nagligent acts or omissions, The addittonal
insured coveraga shall be primary and non-conhibutory to sny of tho Owner's insuranca poliaies and shall apply io
both ongoiag and complated oparationa.
§ 2.8.8 The Axc�Itect ahall provide cezNficates of insurance to the Owner that evldouca compliance wtth the
requtrements In this SeoNon 2.5.
Inlf� �A boaament Bi01"-201T. Copyrtght O 1974,1978, 7887,1887, 2007 end 20t7 by'fhe Amedcan Irutltute otltrohiteole. All dghts reservsd. ihe •Amedaan
tnalttuleofJuchitacts,•'AIA,'theAlALogo.end IIIAConUactDocuments'areregfsteredtrademarkaandmay�otbeusedwllhoutpertntaaton.'Rdedoaumentwae �
ptoducad by fUAaoNwara el 10:32:05 HTon 01/2W202t undetOrderNo.7817187288 whlah exptres on 07/061�021, is not for reselo, le Ilcenaed far ot�e-tlme uae
! onSy, end may only be uaed In ecoordance wlfh the AIA Coniract Dooumenta� Terme of eervtce. 7o roport copyright vtotatlona, e-ma0 copyrl�ht�ala.org.
U�ar Notea: (1932944739)
ARTICLE 3 SCOPE OF ARCHITECT'S BAS1C SERVICES
§ 3.1 Tha Azchitect's BasIa Servlces consist of those described in this Articlo 3 and inciude usual and oustomary
struchual, mechanical, and elecMcal engineering aervices, ServIces not set forth in thls Article 3 sre Supplemental or
Addtttonal Services.
§ 3.1.1 The Architcct shaU msnage the Arohiteot's sarviaa9, resoazch appliaable dasign crltetta, attend Projeot
meetinge, communicate wlth mambars of the Project team, and report pzagress to the Owner.
§ 3.1,2 Tha Architect shall coordinate its sarvIaes wlth those satvIces provided by the Ovmer aud tha Owner's
consultants. Ths Arehitect ahall ba entitted to zeiy on, and shall not ba responalble for, tha accuracy, completeness, and
Hmeltness of, aervices and informaHon furnIshed by tha Owner and tha Ownaz's consultanta. Tha Architect ahall
provide prompt wrltten notice to tha Owner if the Aroiutectbecomos aware of sny exror, omission, or inconsistanay in
such servlces or lnformation,
§ 3,1.3 As soon ea practicable aftor tha data of this Agreement, the Architect sheli submit for the Ownez's approval a
sahedule for tha p$rformanca of tha Architect's services, The schedutc inidally shail taclude anHcipated datas for the
commencement of construcHon and for SubstanHai Completion of tho Work as set forth in the YnIHaI Tnformation, rlta
sahedule shall ineluda allowances forperIods of Hme required for Wa Owner's raviaw, for the porformance of tha
Owner's consultants, snd for approval of eubmissions by authorlties having jurisdiotion aver the Project. Once
approved by the Owner, time limits established by the schedula shall not, cxcept for reasonable eausa, be axceeded by
tha Architect or Owner. With tha Ownez's approval, the Architeot ahall adJustthe eahedule, ifnecessary, as tha Project
proceeds until tha cominencemeat of conshuction.
§ 9.1.4'Tha Arahitect ahall not be responsible for an Ownar's d'uectiva or substite�Hon, or for tho Owner's acceptance
of noa-confom�ing Work, made or glvan without tha Arahiteat's written approval.
§ 3.1.5 T'ha Aroliltect ahall contact go�vernmental authoriBes required to approva tha Construation Doauments and
enNHes provlding uHlity aervices to the Project. Tha Architeet shall respond to appllcabla deslgn reciuirements
impased by thosa auihorities and entitias.
§ 3.1.6 The Arohiteat ahall easist tha Owner �n connection wIth tbe Owner's responsibility for filing documents
xequtred for the appraval of govemmental suthorlties baving jurisdiction over the Project.
§ 3.2 Schematla Deslgn Phase Services
§ 3,2.1 The Areh3tect ahall review tha program and othar information furnished by tha Owner, and shat! review laws,
codos, and mgulations applicabla to the Arohiteot's sorvices.
§ 3.2.2 Tha Arobitect ahall prepara a preliminary evaluaHon of tho Owner's program, schedule, budgat for tha Cost of
tha Worlc, Project sits, theproposedpronurement and dalivery method, and othar Inittal Informatioa, each in terms of
the other, to ascertain the requirements of tha Project. Tha Architect ahall notif�y the Owncr of (1) any inconsiatencies
diacovored in tha information, and (2) other informadon or consul#ing services that may be reasonably needed for tha
Project
§ 3.2.3 The Azcbitect ahall present its prelIminary avaluation to the Owner nnd shall discuss wlth the Owner
alteruativa approaohes to deslgn and conshuction of the Projeat. Tha A.rchitect shaU reach an understanding with tiia
Ownar ragarding tha requirements of tha Project.
§ 3.2.4 Based on the Projecttequirementa sgreed upoa wlth the Owner, tha Axchitect shell prapare and present, for the
Ownar's spproval, a praliminary design illuahatiag the scale and relationship of tha Project camponanta.
§ 3.2.5 Based on tha Owner's approvat of tho prelLninary dasiga, the Arahitect ahall prepara Schematlo Desigtt
Docucnents for tho Ownor's approval. The Sahamatia Dosign Documenta ehall consisE of drawlags and other
ducuments inoluding a site plan, if appropriata, and proliminary bulldtng plans, aections anci elevallons; sad may
includa aoma combination of study modals, paxspective sketahes, or digttal ropresantatlona. Prellmtnary aelectioas of
major building systems and conshuallon materIals shaSl be noted on the dcawtngs or descrlbed in wrlting.
AIA Aaoument 8101"-1017. Copyrlght01974,1878,1887,1887, 2QDT and 2047 Dy Tha Amedoen InaU(ute of Archlteote. M dghte reaetved. The Amerlcan
Init. lnstltuteotArchkects'•AIA,•IhaAIAtoQo,end'AIAConfractDocamenta'ereregfataredUedemarksendmaynolbeuaedwithoutpeimiscbn.'fhisdonumentwas g
ptodtaed by AIA eottware et 10:32:Ob ET on 01l26l2021 under Ocder No.7Bi 7i87288 Vrfilch exph�ea on �710b11021, ls not for reaele, is Ilcerlaed for ona-tlme use
/ only, and may or�y be used in a000rdance w(Ih fhe AlA Coniract DooUmeata� Terma of SeMce.%repai oopyr�ghtvlWaUona, e-ma11 copydght�ala.org.
Uaer Not�s: (1932844739)
§ 3.2,6.1 The Axchitect shall consider sustainable design altematives, auch as matedat cholces and buildtng
ortantation, together wIth othcr considerations based on program and aesthatics, in devaIoptng a design thet is
conaiatent with the Ownex's progxam, soheduta snd budget fot tUa Cost of th.e Work, Tha Osmer may obtaln more
advsnced suatainable design services as a Supplemental Service under SecHon 4.1,1,
§ 3.2,5.2 Tha Archlteot ehall consider tha value of alternative matertals, building systems and equIpment, fogether
wIth other eonsiderations based on program and aes#hetics, in developing a design for tha Project that is conslstent
wiW tha Owner's program, schedulo, aud budget for t8e Cost of the Work.
§ 3.2.6 Tha ,Axchitect shall submit to the Ownar an estimata of the Cost of tha Work prepared ia accotdanca with
Secklon 6.3.
§ 3.2,7 The Architect ahall submit the SchemaHa Design Documents to tho Owner, and request tha Ownar's approval.
§ 3,3 Dealgn Development Ph�se Services
§ 3.3.1 Based on the Owner's approva! of the Sehematio Desfgn Documcnts, and on the Owner's nuthorizaHon of any
adjustments in the Project requirements and tha budget for tha Cost of the Woxk, the Axchitect ahall prepare Design
Devalopment Doauments for tha Ownar's appxoval. The Design: Development Doouments shall II[ustrate and descdbe
t8e davelopment of tha approved SchemaNa Design Dacumenta and ahall consist of drawIngs snd ott�er doaumants
including pIans, secHons, elevaHons, typicel conshucHon dotalla, and diagcammaHa lsyouts of bu{lding systems to fix
and describo the slza and chsraater of the I'xojeet as to architeahual, struetural, mechanical and elechical aystecns, and
other approprieta alements. The Deslgn Davelopment Documants shall also include outline apecificstions that idenHfy
msjor materlals $nd systoras and establish, in generat, tfieir quality levals.
§ 3.3.2 The Arc�itect sha1L updsts tha estimate of the Cost of the Work prepared in accordance wltii SeaHon 6.3.
§ 3.3.3 Tha Arelvlteat ahall aubmit tho Desiga DavelopmenE Documants to tha Owner, advIsa the Owner of eny
ac(juatmenta to the esNmata of the Cost o£tha Work, and request tha Owner's approval,
§ 3.4 Conatructlon �ocuments Phase Sgrvtces
§ 3.4.1 Based ott the Owner's approval af fhe Design Devolopment Documents, and on tka Owner's authorizaHon of
any adjushnents in the Project requirements and the budget for tha Cost of the Work, the Architect shall prapaze
Construction Documents foz the Owner's approval. Tha Constructton Documents shall illustcate snd dascriba tha
further davelopment of the approved Design Development Documents and shall consist of Drawings and
Speclficallons setHng forth in detail the quaiity levels and performsnce crlterIa of materisis and sysiems and other
requirements for the conshuction of tho Work. The Owner and Azchitect seknowledga that, in ordar to perform the
Work, tha Cont�actorwill pzovlde addiNonal informaHon, including Shop Drawings, Produot Data, Samples snd othar
simllar submittals, which tha Azchitcct ahall revIew in accordanca wIth SecNon 3.6.4.
§ 3.4.2 The Axah�tect shall incorporata tha design requirements of governmental authorlties having jurlsdicHon ovar
tha Project iinto the Construction Doouments. •
§ 3.4.5 During tha davelopment of the Coasiraction Documents, the Arohitect ahall assist tha Owtter In the
devalopment and praparaiion of (I) pmcurement informatlon that desarlbas the tima, place, and condiNons of bidding,
includIng bidding orpzoposal forms; (2} tha foxm of agreament between tb.e Ownar and Contractor; and (3) tho
CondiHons of tha Conhact for ConstrucNon (Qcneral, Supplementary and other Conditiona). Tha Architect shall also
compila a project manual that includes tha Conditiona of the Contrsct for Constntction and SpeciftcaHons, and msy
inolude bidding requirements and sampla forms.
§ 3.4.4 Tha ArcWtect shaU updste tha esdmate for the Cost of tha Work prepaced in sccordance wlth 5eotion 6,3.
§ 3.4.5 Tha Architeot ahall submit the ConatxucHonDocuments to the Ownar, advisa the Owner of aay sdJustmenta to
tha estimata of tha Cost of the Worl� taka any acHon required under SecNon 6,5, and request tha Ownez's approval.
A1A Rocument 610t"— Y017. Copyrtght O 1874.18T8,1887,1897, 2007 end 2017 by Tha Amedoan iru8hzle ofArdilleds. A� dghta reseNed. The •Ameripn
Init. }�sCtuteolArchltects;'AIA,•IheAlALopo,arid AIAConVactDocwnenta'erereglateredtradematkeendmaynotbeuaedwfU�outpermisalon.TNadoaumentwae 7
produced by AIA eoRware et 10:32:06 ET an 01/2EC2021 uhde[ Order No,7817187288 Yfilch expfrea on 07/4b12021, le notfor �eaefa, le ll�oensed for one-pme use
/ on(y, end may wdy be uaed !n acootdance vAth the A!A ConVact Aowxnents' Terms of Servke. Ta report oopyrl�ht vfofaUons, e-map oopy+ight�afe.org.
Uaar Nota�: (1832844739)
§ 3.5 Frocuremant Phase Servlces
§ 3.5,1 Deneral
The .Architect ahall assist tha Owner in establishing a list of prospectiva conhactors. Following tha Ownar's approval
of tha ConatrucHon Doouments, tho Arahitect ahsll aesfst tha Owner in (1) obtaining either compeHHve bids oc
nagotiated proposals; (2) confirming responsivaness of bids or proposais; (3} determining the successfi�l bid or
proposal, if any; and, (4) awarding and prepaztng contcacts for construation,
§ 3.5.2 Competitive Bldding
§ 3.5.2.1 Biddtng Documents ehall consiat of bidding requicaments and proposed Conhaot Documants.
§ 3.5.2.Z 7.'he Arehiteat shall asslst tha Ovraer in bidding the ProJect by:
.'I facilitating the dtstribution of Biddtng Doeuments to proapectiva bidders;
.2 organizing aad conducting a pre-bid conferance for prospective btdders;
.3 preparingresponsestoquesNonsfromprospecHvebi@dersandpsovldingclarificaHonsand
�nterpretations o£tbe Bidding Documents to tha pmspecHvo bIddera in tha form of addanda; end,
.4 organizing and conducHng tha opaning of tha bids, and subsequently documenting snd dlstrlbuting the
biddIng rasults, as dIrected by tha Owner.
§ 3.8.2.3 If the Bidding Documents peimit subsHtuNons, upon tha Ownar's wrttten authorizatlon, tha Arclutect shall,
as an AddiHonal Service, cansidet requests for eubsHtuttons sud prepare and distribute addenda idenHfying approved
subsHkutions to alI prospoctiva biddera.
§ 3.5.3 Negotlated Propoaels
§ 3.5.3,1 Ptoposal Doeum.ente siiall consist ofproposalrequirements andpzoposod ContractDocuments.
§ 3.5.3�2 xha Architeat sha11 assist tha Owner in obtaining proposals by:
.1 facilitating tha dlstribuNon of Proposal Documents for d3shIbutioa to prospectiva contraotors and
requesting thait return upon compleNon of t�e negotisNon process;
.2 organlzing and partioipating in saloctlon intarviaws with prospective contractors;
.3 piepartngresponses to quesHons fromprospecHva contractors andprovidingclarifleaHons and
intorpretaHons of tho Proposat Documents to tha proapective contrsctors in the form of addenda; and,
.4 participating in negotlations wlth praspectiva eontractors, snd subsequenEly praparing a summary
report o£ tlie negotiallon results, as directed by tha Owner.
§ 3.5.3.3 If tha Proposal Dooumants permit substltuHons, upon the Owner's written authortzatlon, tho Architect ahall,
as an Additional Servlce, consider requests for substitutions and prepaza and diatributa addenda identif}+Ing sppxoved
aubstituHons to all prospecHve contraotors.
§ 8.6 Conafraction Phass Servtces
§ 3.6.1 (ienerat
§ 3.6.4.4 Tha Arehiteot shsll provlde admtnisnation of the Contract between the Owner and tha Contrsotor as set forth
below snd in AIA Document A201'rM-201'7, G}aneral CoudtHons of the Contract for ConstrucHon. If tha Owuer and
Contcactormodl£yAIADocument A201-2017, thosa modificstions shallnot sffeat tb.e ArchitecNs servicns under this
Agreament unless the Ownar and tha Architeet amand thls Agreement.
§ 3.5.7,2 Tha Architect aha(1 advIsa and consult wtth the Ownar dw�ing tha Construction Phase Sarvices, The Arahitect
ahall hava autharity to sat on behalf of the Ownar anly to tha extant provided in thts Agrcament. �'he Arcbtteot ahall
not have control avar, charge of, or responsibility for the construcHon means, methods. techniques, sequencos or
pmcedures, or %r safety precautions and pxogrsms in conneoHon wIth the Work, nor shall tha Archtteat ba responeible
fox thc Contractor's faiture to parform tha Work in sacordance wlth the requizementa of the Contract Documonts. The
Axchiteot shal[ ba iraaponaiblo for tha Architect's negl�gent acts or omissions, but ahall not hava control over or charge
of, and ahat! not ba iasponeible for, aots or omissions of tha Contraotor ox of any other persons or enHNas perfomning
portions of the Woxk.
§ 3.8.1.3 SubJect to Section 4.2 and oxcept as provided in Section 3.6.6,5, tha .Arohitect's responsibility to provida
Conatruction Phasa Sotvlces commances with tha awarcl of tha Contract fox Constxuction and temiInates on tha date
tha Arohitect iasues tha fuual Certi�cste for Paymen�
lnit. A1A poovmeht B1 a1' —2Ut7. Copyrf�htO i874,1878,1987,1897, 200T and 2017 by Tha American Inatltute of Arehkecta. All rlyhta reserved. The Arnedcan
InslS�utaotArchltads;'AlA; IheAlALogo,�nd•AIAConfrentDocumenln•areregiatered6edemarkaendmaynotbeueedwllhoutpermission.Thtsdocixrtenlwea
produced byAU1 aotlware eE 1d:32:05 ET on 0112W2021 under Order No.7817187288 whiah e�cplrea on 07fOb12021, la tat tor reaela, W Ucenaed for one•tlme uae
! anly, and may only be used In acoordance wlth ihe A!A Conlract Documenls• Teims otBeMce.To report copyright Ndetlone, s•meu copyrEght�ala.org.
Urar Notea: • (1932944739)
t
r
§ 3.8.2 Evafuatlons of the Worft
§ 3.8.2.1 Tha Anchltect aball visit tho slte at intcrvals eppxoprlata to tha ataga of construaHon, or es otherwlse required
in Sectlon A,2.3, to becoma genexally familiar wlth the progzosa and quslity of the portion of the Work completed, and
to determine, in genaral, if the Wotk obsezved is baing performed in a manner indicaHng that the Work, whon fully
completed, wlll be in accordsnce wlth the Conbraat Documents, Howaver, tha AYohitect shell not be required to maka
axhauetive or conHnuous on-sita inapectiona to aheckthe quality or quanNty of tha Work. Onthe basls of the site vIsits,
tha Arohiteat shsll keep the Owner reasonably informed about the progress snd quality of tha portion of tha Work
completed, and promptty report to the Owner (1) ta�own devIaflons $om tha Contraat Doauments, (2) known
davlstions from the most recent consttuallon schedula aubmitted by tha Conhaotor, and (3) defects and deficiencies
observed ia tha Work.
§ 3.6.2,2 The Arohiteot has tha authorlty to raJect Work thst does not confoim to tha Contcact Documents. Whenover
tha Arehitect aonsiders it ttecessaty or advlsable, the Architect ahall bava iha authodty to requira iuspecHon or testing
of tha Work in accordsnca with the provIsions of the Contraot Doouments, whathar or not tha Work is fabricated,
installed or complated. However, naithar thia authozity of tha Arehitect nor a deaislon mada in good faith eIther to
exeroisa or not to exercise such authorlty shall give risa to a duty or responsibitity of tho Arohiteot ta the Contraator,
Subcontraetora, supplters, their agents or employeos, or other pacsons or enHtlea perforniing portlone of Wa Work.
§ 5,8.2.3 The Axchitect absll iuterpret aad decide matters conccrning parformance under, and requtrements of, the
Contract Documents on wrltten request o£ alther tha Owaer or Contractor. Tha.Architect's respoasa to such requests
ahall be made in wrlHng within. any Nma limlta agreed upoa or otherwise witii reasottabta promptness.
§ 3.6.2,4 Inte�pretations and deaisians of the Architect ehall be conaistent wlth tha intent of, and reasonabty inferabta
from, tha Contraet Dooumants aud ehall ba in wtlNng or in tb�e form of dxawings. When making auch interpxetallons
and decisions, the Architect shall endeavor to secura faithfu! performance by both Osirner and Contractor, shall not
ahowpartiaiity to aithar� and shal! not ba liabla for results of interpretallons ox deoiaions rendared in good faith. The
Architect'8 declsions on matters celaHng to aesthoHc e�i'ect sha11 be final if cansistent with the intant expressed in tha
Contract Documents.
§ 3.8,2.5 Unless the Owner and Canfiractor designate �nottiar person to serve as an Initial Deaisioa Makar, as thatterm
is dafined in AIA Document A201 2D17, thaAxchiteet shall rondor initial deoisIons on Claims between tha Owner and
Contraotor as provided ia the Contract Documenta.
§ 3.8.3 Certiflcales for Payment to Gontractar
§ 3.8.3.1 The Arehitect shall revIew and certify tha amounts dua tha Contrector and shali issua cartifiastes in such
amounts. The Architect's certi�cat{on for payment ahall constitute a zepresentaHon to the Owner, based on the
Architeet's evsluaHon of tbe Work as provided in Section 3.6.2 and on the data comprIsing the Conhactar's
Appllcation for Paymont, tbat, to the best of tha Architect's knowledge, infarmation and ballaf, the Work hsa
progtossed to the point indicated, tha quality of the Work is in sccordance wIth tha Contract Documenta, and that fhe
Contractoris entltled to paym.ent in tha amount cecttfied. The foregoing represantations ara subject to (I} an evaluaHon
of tha Wozk for conformance with tho Contract Documents upoa SubstanNal ComplaHon, {2) results of subsequent
tants and inspectiona, (3) correotion of m�nor devlatians Srom tha Cotthact Documents prlor to compleHon, and (4)
apeclfic quallfications axptessed by the Architeck.
§ 3.8.3.2 The issunnce of s Certlfiosta for Payment shali not be a zepresantation that tha Acahltect has (1) mada
axhaustivo or conHnuous aa-sita inspecHons to eheck tho quality or quentlty of tha Work, (2) reviewed construallon
means, methode, technIques, aequences ar procedutes, (3) revlewed copias of xequisiNons recalved from
Subcontractors eud auppliers and other data requasted by tha Owner to substanNate tha Contractor's rIght to psymant,
or (4) ascertained how or for whatpurposa the Contractor has used money provlousiy paid on eccount of the Cantract
Suw.
§ 5.6.3.3 The .Axchitect shall maintain a record of tha Appiicationa and Cartificates for Payment,
g 8.6.4 Submlttats
§ 8,6.4.1 Tha Arahitect ahaII reviaw the Contractor's submitfal schedute and ahatl uot unreasonably detay or witb�hotd
approval of fhe aehedule. The Architect's acHon In:eviawIng aubmtttals eball be takan in accordanca wlth the
���t AIA Dooument B101"—R01T. Copytlght O t974,1878,1987,1997, 2007 and 2017 by The Amer{can Inatltute oi Ard�tteols. AI! Nghle reaenred. The'Ameflcan
InsUtute otArchitects; 'AUi' �e /UA Logo, end •AIA Contract Documenta' ere reglstered Gedemarks and may not6e uaed tNthout pem�issbn, This documentwas a
produced by AU4 aotlwere at 10:32;08 ET on OiC2b12021 under Order No.78S7187288 whkh exp)rea on 071U612021, Is not for tesele, b IEcenaed tor one-dme uae
! only, and mey only be used � eocordence wlth U�e AIA ConUaot Dxumente� Tertna of SeMce. To report oopyright Nolatlone, e�metl oopyr[ghl�afe.org.
Uaer Hotae: (t932844738}
r
approved submittal schedule or, ia fhe absence of an approved submittal schedule, wIth reasonabta promptncss whita
allowing suffiaiant Nme, in tha Architect'a professional judgment, to permit adequate ravlew�
§ 8.6.4.2 The Archtteot shail raviaw and approvo, or taka other approprlate acHon upon, the Contractor's submlttala
auch as S hop DrawIngs, Pro duct Data and Samples, but only for tha ILnited purp osa of check3ng for conformence with
informablon givan and tha design concept axpresaed in the Conhact Doouments. Revlew of sueh submittals is not for
the pucpose of deteanining tha accuracy aad completeness of othar informaHon euch as dImensions, quantities, and
instailaHon or performance of equipmant or aystems, which ara tha Contractor'a rasp onslbility, The Architeet's review
ahalI not constitute approval of safety pzecauNons or consintcNon means, methods, techniques, sequonces or
procedwros, The ArchitecYs approval of a specifia item shall not indicata appraval of an assembly ofwhich tha itam is
e com�onent.
§ 3.6.4.3 If tha Contract Documents specificQlly requica the Contractor to provide professional desiga sarvlces or
ceztiftcations by a do9ign professional xalated to eyatems, mater3als, or equtpment, the Architect ahsll specify the
approprlata parformance and design crlteria that auch servIces must saHsi�. The AtchItect shall xavlaw and taka
approprFatc actioa on Shop Drawings and other submittals �related to fha Work designed or certified by the
Conhactor's design profassional, pzovlded tha submittals bear such professlonal's seal end aignatuxa when aubmitted
to tiio Architcct, The Architect's raview shall be for the limited purposa of checking for conformanca wlth informallon
given snd the design concept axpressed in tha Contract Dacuments. The Arctutect ahall be entitled to tely upon, and
shall not be responsible for, the adequacy and accuraoy of the sarvlcas, coriifieations, and approvals petfotmed or
provided by suoh design profassionals.
§ 3.8.4.4 Subject to SecNon 4.2, the Architect shall review and respond to requests for information about tho Contract
Documanta. The Architect ahall aet forth, in the Conhaot Documents, tha requirements for requests for lnformallon.
Requosts for infocnnaHon shall ineluda, at a minimum, a dataited writtett statement that indicates We apecifco Drawings
or SpacIficetions in need of clarlfication and the nsture oftha clarlficaHon requested, Tha Archltect's iesponse to auch
requasta shall be mada in wrlting wIthin a�y tima limits agreed upon, or athenvtse wlth zeasonablo pzomptness. If
sppxoprfata, the Azchitect shall pxepare and issuo sapplemental Drawings and 8pecificaHons in responsa ta tEte
recgtests for information.
§ 3.6.4.5 Tha Architect shsll maintain a record o£submittals and copies of submittals supplied by tha Contraator in
accordance wlth the requirements of the Contract Documents.
§ 3.8.5 Changes In the Work
§ 3.6.6A The Arohitect may order minor changes in the Work that are cansistant wlth tha intant of the Contract
Doaumante and do not in.volve an adjustment in the Contract Sum or an extension of the Conhact TLna. Subject to
Sect€on 4.2� iha tlrchitect shall prepazo Changa Orders and ConstcuctIon Changa D1recNves for tha Ownar's approval
and execution in accordeace with the Contraot Documents.
§ 3.6.8.2 The ArchitecE eball maintain records rclativa to chsnges in tho Work.
§ 3.6.6 ProJact Compleflon
§ 3.6.B.1 The Architect shall:
.1 conduct inspecHons to detemiine tho data or datas of SubstantIal Completion and tha dste of final
complet3on;
.2 issue Certifiaates of Substantiai Complation;
.3 foiward to the Owner, for the Owner's revlew and records, writtan warranttes and xelated documents
required by tha Contcaet Documents and reeeived from tha Cotttraator; and,
.4 issua a finel Certiftcate for Paymont based upon a ftnal3nspectlon indicating that, to the best of the
Axchitect's knowtedge, informaHon, snd baliaf, tha Woxk complles with the requiramenta of the
Contract Documents,
§ 8.B.6.2 Tha Archifect'a inspections shall be conducted with tha Ownar to check conformsnea of tha Work wlth tha
requiramante of tha Contreat Dooumants and to vorlf� tha accuraoy and completettass of the list submttted by tho
Contractox o£ Work to be completed or correcfed,
In1t. A� pooume�t 8101^-2017. Copyr[ghtm 1974,1978,1987,1887, 2007 and 2017 by7ha Amedoan InaUlute ofMchlfecp.A4 tights reserved.'Rie'Amedcen
InaUtutaotArdiltecle; AtA; fheAlAlogo,end'AIHConUactDocumenta'eroreplaleredtrademarkaendmaynotheusedw{Uwutpertnbebn.ThVadoatmentwas ,�a
� prodtrced by NA soflware at 10:32:�6 E7 oa Ot1261202t under OMer No,7817187288 whiah expkss on o71n612021, ts not for resale, Is Ucensed for one-Ume use
only, end may only be used fn a000rdance w►th Ihe A!A Contract bocumento° Terma of BeMce. 7o repott oopyrlght vtdettau, e-maA copyr(ght�ela,org.
Uaer Notes: (SD32B44739)
§ 3.6.6.3 When SubstanHal Complotion has bean achiaved, tbe Architect ahall infomt We Ownar about tha balance of
the Contract Sum remaining to be paid the Conttactor, lacluding the amount to be ietained from the Contract Sum, if
any, for fiasl compledon or correctton of the Work.
§ 3.6.6.4 Tha Architect shall forward to the Ownar tha following information received from the Contractor: (1)
consont of auraty or eureties, if any, to zeducHon in or partial rcleasa of retainage or the making of final payment; (2)
affidavits, zecaipts, raleases aud waivers of llens, or bonds indemuifying the Ownar agsinst ltens; and (3) any othar
daaumentation xeqnired of tha Contraotor under the Conhact Documents.
§ 3.6.B.B Upon request o£the Owaer, and prIar to the expiradnn of ona yoar �om the date of Substanilal Completion,
tb.e Atcliltect sball, wiWout additionsl compansaHon, cottduot a meeHng vsrlth tha Owner to ravIew the faciltty
aparations endperformance.
ARTICI.E 4 SUPPLEMENTAL AND ADDIiIONAL 8�RViCES
§ 4,1 Supplemenial Servtces
§ 4.1.1 Tha sarvlces Ilsted balaw sre not included in Bas{c Serviccs but mayba required for tlie Project. The Architect
shall provido tho llsted Supplemental Services only if apecificatly designated ia tha tsbla below as tha ArchitecYs
iesponsibillty, end the Ownez shall compensata tha AschItect as provlded 'ue SecHon 11.2. iJntcas otherwise
speatficslly addressed ia this Agreemant, if neither tho Owner nor tho Archtteof Is desiguated, tha parties agxea that tha
listed Supplemental Servica is not baing provlded for tha Project.
(Deslgnate the �irchf tect's d'sr,pplementat S'ervlces and the Oxmer's,Sirpplemental Servtces regrrired for the Project by
fndlcating whelher the rtrchlfect or Owner shall be responsible jor providing the tdent jJied S:tpplemental Setvice.
Insert a descrlptfon of the S'upplemental Setvices In Sectton 4.1.2 below or attach the descriptlon of servtces as an
sxhibit to thls Agreemen�)
AIA Dooument B101"—Z017. Copyrlght m 1874,1978,1987.1987, 2007 end 2017 byThe Amerlaan InsUtute olArohlteote. A!1 r(ghta reseNed. The'Amertcan
In1t. Inetlh�teolArchttecls,' AIA,'IheAlALogo,end AIAConfractDoarments'eroregisleredlrademarksaodmaynotbeuaedwiihoutpertnisabn.'rntedooumentwae 11
produced by NA eoltwate at 10:32:Ob ET on 0112W202t under Otdet Ho.781718728B whkh expka9 on 07N8/2021, le not for reaele, la Ilcensed for one-tlme use
1 only. and may onty be used �n ecoorde►ke vAth �e A!A ConUect Dacumentse Tertna ot BeMce. To raport oopydgfit vldatlona, e-meil oopyrtl8ht�ala,orp.
Usar Notes: (1832844739)
SEE E��IT'A' SERVICES
§ 4.1,2 peacrlptlon of 8upptemental Servlces
§ 4.1.2.1 A doscxipHou of each Supplemental Servlce identified ia SeoHon 4,1.1 as tho Architect's responsibllity is
provlded balow.
(Descrtbe tn detutl the Architecl's 5uppleme»tal Servlces ident�ied f�t S'ecNon 4,1.1 or, ff set fortlt !n an exhlbit,
ident jfy the e.xhtbit. TheAl�1 p�rbllshes a number ojSYandard Fornr oJ�lrchltecYs Servfces documents that can be
t�rcluded as an e.zhlbi� ta descrlbe theArchitect's Srrpplemental S'ervlces.)
SEE EJ�IT'A' 5ERVICES
§ A.1.2.2 A descrtption of each Supplemantel Servica idenNfed in SecNon q.I.l es the Ownar's responsibility is
provlded below.
(Descrlbe in detall the Owner's S►rpplemental Services ident�led in 5ectto» 4.1.1 or, jfset forth fn an exhiblt, ident�fy
the exhfbit.)
SEE EXfiIBIT'A' SERVYCES
§ 4.9.3 If tha Owner idantlCed a Sustainablo Objectiva in Atticle 1, tha Aichitect shall provide, as a Supplementel
Servtca, the Sustainability Sexvlces required in AIA Document B204T"s-2017, Susteinsble projects Exhibit, attsched
to this Agreamenk The Owner shall compensata the ArahlEect as provided in SeeNon 11.2 NOT APPLICABLE.
§ 4.2 Architect's Additlonal Servlces
Tha Arehiteat may provIda AddiNonsl SorvIces after exeouNon of this Agreamant without invalidating the Agceement.
Bxcept for servlces requi�ed dua ta the fault of the Axchitect, any Additional Servtces provlded in accordance with this
Section 4.2 shali entitla the Architect to compensation pucsuant to SecNon 11.3 and an approprIate nc�ustment in tha
Axohiteat's scheduIo.
§ 4.2.1 Up�n recagnlzing tha need to perform tii� following Addirional5ervices, the Architect ahell notify tha Ownar
with reasonable promptness aud explaln tha facts and clrcumstances giving risa to the need. Tha Arehitect shall not
proaeed;o provida We following Addirional Sarvices unHl tha Architeot receives tha Owncr's written authorization:
.1 Services necessttated by a change in tha Initial Informaflon, pravious instcuctions or approvals given by
the Ownar, or a matorlal chsnge in tha ProJect including size, quelity, complexity, tha Owner's
scheduie or budget for Cost of the Work, or pzoouroment or dalivery method;
.2 Sarvices necessltafed by the enactment or xevlston of cades, laws, or regulations, ino2uding changing or
editing provlously prepared Instruments of Servlca;
.3 Changing or ed{ting praviously prepared Instruments of SarvIco necessitated by official interpretallons
of appticabla codes, laws or regulaHons that aro elther (a) contrary to apecifio interpratations by the
applicabla authorltias having jurlsdlcHon mada prIor to tha issuance af tha buitd�ng permit, ox (b)
��« AIA Doaumant 6101'" — 2017. Copyrlght O 1D74,1978, l887,1897, 2007 and 2017 byThe Nnedcan InsUtute ofArciJ�eotn. AU dghta teaeNed.'fhe'Amelfcan
InstlluteofArchllecfs,•'AIA,'fhe/1tALogo,and'fUAConGradDowmentn'erereebteredUademerksandmaynotbeusedwithoutpertnlasbn.Thladocumentwae ,12
produced by AfA aoftvrere at 10:3Z:a5 ET on Ot/2b/202t under Order No.7817187298 whfch expirea on 07l06f2021, Is not for resefe, la pcenaed for one•tlme use
! onty, and mayonly be used In accordenca �U► ihe AfA Contrect Ooa�manta� Tertns of SonAce. To report copydght VfoteUone, e•me9 aopytlght(�afa.otg.
Uaer Molas: (1832944739)
conhary to requixements of tha Instrumants of Servlca whan thosa Instruments of Service were
pzepaced in accordauce with the applicabla standard of caco;
.4 Servlccs uecassitated by decisioas of the Owner not rendered in a tinaely manner or any other faiiura of
parformence on the patt of tbe Owner or tha Ownar's oonsuttants or contractors;
.8 �ropadag digital models or other design documenkaHon for transmisslon to tha Ovmcr's consultants
and contraoiors, or to othcr Ownao-authorized recipients;
.6 Preparation of destgn nnd dooumantation for alternata bid orproposal requosts proposed by the Owner;
.7 Prepaxatlon for, and attendance at, a publlc presentation, meetIng or heactng;
.8 PrepazaHon for, and aitondance at, a dispufe resoluHon proceeding or lagal proceediag, axcapt whera
tha Architect is party thareto;
.9 Bvaluatian of tha qualIftcations of entibies pzovidIng bids or pxoposals;
.90 Consultadon cancerning repIacement of Work resulting from fice or other osusa during consttuoHon;
or,
.11 AsaisEanca to tha iniNai Decislon Maker, if other tban the .Arehitect
§ A,2.Z Ta avoid da(ay in tbe Construation Phasa, tha Architect shai[ provtde tha fallowing Additional Servlcas, natify
the Ownar wltb teaeonabla promptness, and oxplain tha facts and ctrcumstancra givIng rfse to the need. If, upon
recaiQt of the Axchiteot's uoHce, tha Owner dotarmines that all ozparts oftha servlces ara notrequired, tha Owner ahall
gLve prompt writtan notica to ihe Arclritect of tha Ownar's determinsHon. The Owner shall compensate tha Arcbitect
for tha serviaes provided prlor to the Architect's receipt of the Owner's natice.
.1 Reviawing a Contracior's submlttal out of sequence from tha submittal schedale appxoved by tha
Architect;
,2 Rasponding to the Contraetor's reqaests for information that ate not prepazed in accordanco wIth the
Contract Documents oz where such informaHon 4s available to tiie Contrsotor from a careflil atudy and
wmparlson of fhe Contract Documents, field conditions, other Owner-pzovlded infotmation,
Contractor-prepared coordination drawIngs, or prior Project correspondenca or documantation;
.3 Pcepadng Changa Qrders and ConstrucHon Changa DirecHves tbat require avatuaHon of Contractor's
pmposais and aupporting data, or tha preparation or ravision of Instrumants of Sarvica;
.4 Bvaluating an extansive number of Claims as tha IniNal Deoision Maker; or,
.5 �valuating substttutions proposed by the Own.er or Contractoz and maldng subsequent ravlsions to
Instruments of ServIce resulHng therafrom.
§ 4.2.3 The Architect ahell provIde Constcuction I'hase Scrvices axceedIng the Iimits set forth below as Additional
8arvices, W1zen tha l�rnits balow aro reached, tha Archltect shatl notlfy the Owner:
. .1 'I�vo ( 2) reviews of each Shop Drawing, Pmduct Data item, sample and similsc submittats of ti�a
Contractor
.2 Monthly visits to tha site by tha Architect durIng construation
.8 Ona ( i) insp eations far any portion of the Work to detecmtna whether aueh portlon of tbe Work is
; substanHaUy complete in accordanca wlih the requirements of tha Conbract Doeuments
.4 Ona (1 ) inspecttons for any portion of the Work to detarmine finsi completion.
§ 4.2.4 Except for setvlces requtred under SecHott 3.6,6.5 and thoso services thet do not exceed the limlts set forth iu
SecNon 4,2.3, Canairuation Phase 5arvlees provlded mora than 60 days aftar (I) tha data of Substantisl Completioa of
the Work or (2) tha inIHal dato of Substantial Compleflon idenHfied in tha agreement between the Owner and
Contraotor, whichever is earlier, ahall be compensated es AddiHonal Servlces to the extent tha Axchitect incurs
additIonal cost iupzoviding thosa Construction Phasa 5ervicas.
§ 4.2.5 If the servlces covered by this A.greement hava not bean oomplsted witF►in thicty ( 30 ) months of tha data of
thls Agxeement, tbrough no fault of tha Architect, extension of the A.rchIteot's sarvices beyond that time ahalI ba
compensatad as Addittonal3orvlces.
ART{CLE S OVYMER'S RESPONSIBlL1TIES
§ 6.1 Unless othanvIsa provided for under this Agceement, the Owner shall provlde information in a timely manner
xegarding reqvirements foz and llmitations on tho Project, including a written program, whlch ehall aet farth the
Owner's objecHves; schedute; constraints and crltetis, inoluding apaea requiramants and relatlonships; ttexibillty;
expandabiiity; speoiat equipmant; systems; aud sita requirements,
AIA Dooument BSOt"--�O1T. CopyrlghtO1874,1878,1887,1987, 2007 end 201T byThe Atnedcan Instltute o(/lrohitecl�. Afi dghte reaerved. The AtnerScen
init. �nalttuleotArchitecte,' AtA,"ihelUALogo,and'AIAConirectpoaimen�s'ereregtaleredtrademarkeandmeyratbeueedwiu�outpermisalon.Thladoovmentwes ,�3
produced by AIA aofivera et 10:32:06 ET on 01l26l2021 under Order No3817f87288 wtJdi explres m 07l08/2027, la not tor reaafa, b pcenaed for one-ttme we
/ oniy, end may oNy 6e uaed In ecoordance wtth the AIA Conlraot Doaumonta° Tartna o( SeMoo. Ta repott oopyrlght Vtolatfotla, e-mett copy�fght�ela.oig.
User Notes: (1932844739)
§ 6.2 The Ownor shall establtsh tha Owner's budget for ti�a Project, including (1) tha budget for tha Coat of tha Work
as defined in Seciion b.l; (2) the Ownor's other costa; and, (3) reasonable cotttin$anaies related to all of these coata.
Tha Owaer ahall updata the Owner's budget for Wa Project as necessary ihroughout the duration of tho Project until
finel completion. If the Ownar signiPicantly iacroascs or decxeases tho Owner's budgat for tha Cost of the Work, tha
Ownar ahsll notify iha Archifect, The Owner and the Architect ahall thareaftec agree to a corraspoading ehange in tha
Project's scopa and quality,
§ 5.3ThoOwnershallidenHfyaropresentativeauthosizedtoactonthaOwnar'sbahal�wlthrespecttothePaoject.Tha
Owner shall randaz deeisions and approve tha Architect`s submittals in a time2y manner in order to avoid unreasonsble
dalay in tha orderly and sequential progress of the Architect's secvices.
§ 6,4 The Owner ehall itunish survaya or Architect to provide as an AddiHonal Servlce to descrlba physicat
oharacterlstics, legsl limitations and uRlity locations for tha sito of the Projeat, and a wrltten legal desarlption of the
stte. The survays sud legal inforination shall inolude, as applicsble, grades and lines of atreats, alteys, pavements and
sdJoining proparty aad structures; dasignated wetlands; adjacent drainage; rlghts-of-way, reshfctions, easemonts,
eneroachments, zoning, deed resMcHons, boundarles and contours of the sita; locaHons, dimensions, and othar
necessary data with zaspect to existingbuildings, other improvaments and trees; aad informallon coneeming availabfe
ntillty servicos and lInes, bothpublto and prtvate, above and balow grade, including inverts and depths. All tha
information on tha survay shall be iaferenced to a Projeat banchmark,
§ 5.S ThB Owner shall �itrnish satvIces of geotechnlcal engineera or Architect to provtde as an Additlonal Servlce,
which may includo test borings, test pits, determinaHons of soil beartng values, percotation tcsts, evaluatlons of
hazardous materlals, seismia evaluaHon, ground conroston tesks andresisHvity tests, ineluding necessary operaHons for
anHoipating aubsol! conditions, wlth wrlttan raports and appropriate recammondal3ons,
§ 5.6 Tha awner shall provide the Supplemental Sezvices designated as the Ownar's responsibillty in Section 4.1.1.
§ 5,7 If tha Owner identified a Susta{nabla Objective tn Axticie 1, the Owner shail fulfill its responslbllities as required
in AI.A JJocumant ffiO4'�2017, Sustaie�ble Projeots Bxhibit, attached to tt►is Agreamant.
§ 5,8 Tha Owner shaU coordinake tha setvices of its own consultants wIth thoso sexvlces provIded by the Arohiteat.
Upon tha Architect's request, tha Owner shall furnish copics of the scope of servicas in tha contracts betweea tha
Owner and the Owner'a consultants. Tha Ownar ahall furnish tha services of consultants otiiar Wan those designaied as
tha responslbjlity of tha Archifect in this Agreemont, or authoriza tiie Archltect to furnish tham as an AddiHonal
5ervice, whan the Architect requests auch services sud domonstratos thst they ace reasonably required by tha aeopa of
tha ProJect. The Owner shall requira that its consultants and eotttractors maintaitt insurance, includ[ng profosslonal
lisbility ineuranca, as appropriata to the satvlcas or work provided.
§ 5.9 Tha Ownet ehall furniah tests, inspecHons and reports required by law or the ContcacE Documents, such as
ahuetuzal, mechanical, and chemical tests, tests for air and wster pol2uHott, and tests for hazardous msterials,
� 5.14 The Owner ehall flur►lsh aII lagal, insurettce and accounttng saivlces, including sudiHng servIces, that may be
reasonebly necessary at any ttma for tha Project to meet !ha Owner's needs and interests.
§ 5.17 Tha Owner shall provida proarpt writtan notica to the .Architeet if the Owner becomas awara of any fault or
defect in tfla Project, including errors, omissions or inconsistencies in the ArchitecE's Inatruments of Service.
§ 6.12 Tha Ownar ahsll tna2uda tha Archltect in all communications with tha Cantractor that relate to or aff'ect the
Architect's aezvlces or professlonal responsihltities, Tha Owner shall pramptly notify the Archttect of the substance of
any direct communicaHons between tha Owner and the Conhaotor othanvise ralating to the Project. Communicatlons
by aad with the Architeci's consuitants shall ba through the Axahitect.
§ 6.13 Be£ore axecuting tha Contract for ConstcucHon, the Owner aball coordinsta the Architect'a duties and
responsib[1tNos sat forth in tha Contract for Conshuetion wlt8 tha Azchitect's services set forth in this Agreement. Tho
Ownax ahall provida tha Architect a copy of the executed agreement between tha Owner and Conhactor, inoluding the
Qonaral Con.diNons oftha Contract for Construction.
�n`� AIA Qoaument 9101"--2017. Copyright O 1874,1078,1887,1897, 2007 end 2017 by Tha Amedcan fnstttute of Arddteole. Ali righte raterved. The'Amadcan
InatHuleofArchtteota; "A1A� theAlAl.ogo,end'AIACantrectDocument�'ererepialeredUademarkeendmaynol6eusedwithoutpermlaabn.Thladocumentwas ��
produced by AlA eofivere et t0:32:06 ET on Otl26t2021 under Ordet No.T8t7167298 whkh expfres on 071D6/2021, Is not for reaele, Is Acensed tor one-ttma u9e
1 only, end mayon(y be uaedin acoordenee vAth Ihe AIN Contract Documenta� Terme ot8ervtce. To report oo�Ight vlotsttona, e-me9 oopyrtght�eia.org.
Uaer Notes: (1932844738)
§ 6.14 Tha Owner shall provide the AtchItect eccess to the Project slto prior to commencement of tlie Work and shall
obligate tha Contractor to provido the Archltect access to the Work wheraver it is in preparallon or progress.
§ 8.1ff Withiu 15 days after recefpt of s wtltten request fram tha Arclritect, the Ownar s�all furnish the requested
informatton as nccessary and rolevant for tha Atchiteat to evatuate, give noHce of, or enforce lien rlghts.
ARTlCi.E 6 COST OF 7HE WQRK
§ 6.1 For purposes of this Agreemcnt, tha Cost of tha Wozk ahalE be thc total cost to tbe Owner to cons,truct all
elemonts of the Projeot designed or apeoifled by tha Archtteat and shalE inalude conbractors' genezal conditions costs,
overhead audpmfit. The Cost of tha Work aiso includes tha reasonabla value o£Iabor, materlals, and equipmant,
donated to, or otherwIse fwnlshed by, the Owner. Tha Cosk of the Wotk doas not include the compensatton of the
Axcbitect; tha coats of tha lsnd, rtghta-of-wsy, linanaing, or contingancIes for changas in the Woxk; or other costs that
ara tha tesponsibility of tha Owner.
§ 6,2 Tha Ownor's budget for the Cost of tha Work is pzovlded inInidal Informallon, snd ahatl be ac(justed throughout
the Project as requircd under SecNons 5.2, 6.4 and 6.5. Svaluations of tha Owner's budgct for tha Cost of tho Work,
and the preliminary esHmsta of ihe Coat of the Wotk and updated estimstes of tha Coat of tha Work, pzepared by tha
A.zchitect, reprosant the Axchltect's judgment as s deslgn professional. Yt ia recoguized, however, that neither the
Axchiteet nor the Ownar has control ovet tb.e cost of labor, materlals, or equipment; tha Contractor's methods of
determining bid prices; or compeNtive bidding, market, or negotiating aondiHons, Accordingly, tha Azchiteot cannot
and does not warrant or reptasent that bids or negoHated prlces will not vaty flrom the Owner's budget for the Cost of
the Worlc, or $om any estimata of the Cost of the Work, or e�aluation, prepared nr agxeed to by tha Architect.
§ 6.3 In preparIng sstimetes of tha Goat of Work, tha Architect sheli be peimitted ta include aontingencios for design,
biddiag, aud prlca escalallon; to detem�ine what matetIals, equipment, component systems, and types of constcucNon
are to be inctuded in tha Contract Dacuments; to rceommend reasonable ac�ustcnenta in tha progrsan and acope of tha
Pro}ech, and to include design �Itamates es may be necessary to sdjust tha estimated Cost of tha Work to meet the
Owner's budget. The Arcliltect's esHmata of the Cost of the Wozk shall ba based on current srea, volume or aimflaz
conceptual estimating techntques. TPthe Owner requires a detailed estitnsta of the Cost of tha Work, tha Architect shall
provida suah sn estimate, if idanHfied as the Architect's responsibility in SecHon 4.1,1, as a Supplemental ServIce.
§ 6.4 If, through no fault of tha Architeat, tha Proetuement Phsse has not commanced within 90 dapa aftar the
Architect submita tha Conatruetion Documanta to tha Owner, the Owner's budget foi tho Cost of the Work ahall ba
adjusted to refiect changas in the ganeral laval ofprlces in tho sppllcablo construotion market.
§ 6.5 If at any tima tl�e Axchitect's estimata of the Cost o£the Work exceeds the Owner's budgat for the Cost of fha
Work, tha Architect shsll make appropriate zecommandattons to the Owner to adjuat the Pxojeot's eize, quallty, or
budget for iha Cast of tha Woxk, and tha Owner ehall cooperata with tha Axohiteot in maldng auch adjustmenta.
§$.B T£the Ownar's budget for We Cost of tha Work at tha conclusion oftha Conshuction Dacuments �'hasa Servicea
is e�cceedul by tho Iowest bona fide bid or negoHated proposal, the Ownar shaU
.4 give wtttten approval of an inereasa in tha budget for the Cost of tha Work;
.2 suthoriza rebidding or ranegatistIng of the Projeat wlttiin a reasonabla tima;
.3 terminsta in, accordanco wIth Seetiott 9.5;
.4 in consultation with the Arahitect, xavJse the Project program, acope, or quality as xequ{red to reduce
tha Cost of tha Work; or,
.5 implement sny othar mutually acccptable attemativa.
§ 6.7 If the Owner chooses to proceed under Section b.b.4, ihe Architect shalI modtfy the Construction Documents es
necessary to comply with tha Owner's budget for tha Cost of the Work st tha coneluslon of tha Construotion
Documents Phasa Servlces, or tha budgat as adjusted under SecHon 6.6.1. If tha Osvner requiiss the Architect to
modtfythe ConstntcHonDocuments tha Ownershalt componsate thaArchitect forthemodiftcations as anAddttional
Servlce purauant to Seation I1.3, In any avent, the Arc4iitect's modificatfon of tha Conshuatton Documents shall ba
the llmtt of the Architect's tesponstbl[ity undar this Axttale 6.
Init. AIA Rocumen4 6101' —Z017. Copydght O 1874,1978,188T,1BB7, 2007 end 2057 byThe Amedcan Inatltute af Mahiteots. Atl Aphte reservad. the'Amedcan
Inatltc�te otArehilecta; 'AfA." tho AiA Logo, and AlA ConUect documenta' ere reglstered Uedemerka end may aot bs used wllhoul pertnieston.'thls daoumentwas ��
produced by AIAeoltware at 10:32:06 E7 on 0112612021 under Order No.781T187288 wh(ch e�Mea on OTIOG12021, la not tor reaefe, la ikenaed forone-Ifma uae
l oniy, end may oNy be uaed in ecoordance wilti the AIA Conlreot Documants�Tstms of 8eMce. To report oopyrightvblevons, e-mall copyiiphtf�ale.org.
Ueer Notas: (iB32844739)
AttTICLE 7 COPYRI{iHYS AND L�CENSES
§ 7.4 Tho Architect and tho Owner warrant thet in transmitting Instnunenta of Service, or auy othar informatiou, tha
transmitting party ia the copyrlght ownar of auch information or has permiasion from tha copyright owner to transmit
suoh i�c►formation for its usa on the Pxojec#. �
§ 7,2 The Architect snd the Architect's consultants shalt ba deemed the authors aad owners of tha�r respective
Instrumanta of SorvIee, ineluding the Drawings and Speai�callons, end ahall retain all common Iaw, statutory and
other reserved righis, inoluding wpyrlghts. Submisston or diettlbution of Jnstruments of Sarvlce to meet offieIal
ragulatory requirementa or for simtlar pucposes in conaection witic the Project is not to ba oonahued as publiaation in
derogation of the resecved rlghts of the Architect and tha Arehitect's consultsnts.
§ 7,3 Tha Arahitect granka to tha Owner a noaexcluslva Itcensa to use tha Architeet's Instruments of Servtce solely and
axclusivety for purpascs of constntcHng, using, maintaining, a[texing and edding to the Project, provided that tha
Owner aubstanNally performs its oblfgations undar this Agreeraent, includtng prompt payment of all sums duo
pursusnt to Articta 9 and Article 11. The Archftect ahall obtaia slmilar nonexoluetva liconses from the Axohitect's
consultants consistent wIth tbIs Agreernent. Tho ]lcensa granted undar this aection parmits the Owner to authoriza tba
Contraotor, Subcontraotors� Sub-subeontraotors, and suppliars, as well as the �wner's wnsultants and separato
contractore, to ieproduca applicable portions of the Tnshuments of Sorvlce, subject to any protocols establlshed
purauant to SecHoa 1.3, solely and axclusivaly for usa in performIag services or conetruc#ion for the Project, If the
Architect rIghtfulty tam�inates thia Agreamant for causa as provlded 3n Sectton 9.4, the license graated in fhis Seetion
7.3 shalt tarminata.
§ 7.3.1 In tha event tha Owner uaes the Instruments of Servtce without retaining the autkors of the Tnstrumants of
Service, tha Ownar releases the Architect and Architect's consultent(s) from all claims and causcs of aoNon arIsing
fram suehuses, Tb.e Owner, to Wo axfentpermitted by law, fiurthar agrees to Indemnify and hold harniless tha
Archltect and its conaultants from alt costs and expenses, inoluding tha cost of defense, related to olsims aad causes of
aoHon easarted by any t3�trd peraon or enHty to the extent saeh costs and expenses arIsa from tha Owner's use af tha
Instruments of Service unde� this Section 7.3.1. The ferms of this Section 7.3.1 shall not apply if tha Ownar rIghtRtily
tezminates tbis Agxeement for cause uadez Section 9.4. -
§ 7.4 Except for fhe licenses granted in this Articla 7, no other license or right ehall be daemed granted or implied
uuder this Agreemant The Owner ahall not assign, dolegata, sublicensa, pledge or otherwlsa tranefer any IIconse
granted herein to anathor party wlthout the prlar written agceement of tha Arcl�liect. Any uuauthorized usa of tha
Inshvments o£ Service eha11 ba at the Owner's sola risk and wifEiout liability to the Axohitect snd tha Architaet's
consuitents.
§ 7.$ Bxcept as othaiwlse stated in SecNon 9.3, the provisions of this Astielo 7 shall surviva t8a terminskion of this
Agreement.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.9 (ienerai
§ 8.'i.'I The Ownaz and Atchitect shai! commence aIl claims aud causas of action against the other and arlsing out of or
ralated to this Agreement, whcthar in conhact, toxt, or atherwIsa, in accordance wlth tha requirementa of the binding
diapute resoluHon mathod selected ia tiiis Agreament and wlthin the period specifiedby applicable taw, but in anq
aasa not more than 10 years aftar tha dsta of Substantlal ComplaHon of We Work. The Ownar and Aichitect waive sll
claims and causas of action not commenced iu accotdance with this SecNon 8.1.1.
§ 8,1.2 To the axtent damages ara covered by proparty insursnca, tha Owner aud Architect waive all righta against
oach other and against the contractors, consuttants, agents, and employees of the othar for damages, axcept suahrlghts
as they may have to the proceeds of such insuranca as sat forth in AiA Document A201-2017, Cianaral CondiNons of
the Contract for CanstructIon. The Ownar or the ArchtEect, as approprlato, shell requiro of tha contractors, consultants,
agents, and employees of any of them, similar waivars in favor of tho athar pazties anum.erated herein.
§ 8.1.3 Tho Architect and Owner waive consequenHal damages for claims, disputas, or other mettera in question,
arising out o£ or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequenHal
damages due to either party's terminatton of thie Agreament, axeept ae speoifically provided �n Section 9.7.
In1t. � pooument Bt0!" —2017. CopyrightO 1874,1978,1987,1997, 2007 and 2017 by ihe Amertoen fnalttute of Arahltecls. All riyhta tesetved. The'Amedcan
Instltuleoffvchitecta; AIA; theAlAl.ogo,end AIAConlreclDowmenls'erore�[aterodhademarkeandmaynotbevsedwilhoUtpermtaalon.Tfiledocamantwae ,16
produced by AIA soRvrere at 10:32.�Ob ET on at/ZG12021 under Ordar No.78174a7288 which explres m 07l0612021, fa not ta reaele, !s ticenaed for one-tlma uae
/ only, snd may oNy be used In exordance wlth the AIA Contrect Doaimenfe• 7ertna of BeMce. To report oopy8ght Hdallone, e-ma8 copyrlght�eIe.org.
U�er Notee: (1932844738)
§ 8.2 Medlatlon
§ 8,2,1 Any alaim, diaputa or other mattar in quesHon artsing ouE o� or related to this Agreement ahall ba subject to
medistion as a condition precedent to bindtng disputa resolution. If such matter relates to or �s tha subf ect of a lIan
arIsing out of the Architect's services, tha Architectmayproceed in acaordanas wlth spplicabie lew to compiy wIth tha
lian nottca or filing deadlines prior to resolutton of tha matter by mediaHon or by binding disputa resolutiott.
� 8.2,2 The Owner and Architeot shal[ endeavor to resnlve alaia�s, disputes aud other matters in quasttoa beiween
thara by mediaHon, whicb, unless tha padias mutually agree othetwlse, shsl( be administered by tha Amedcan
ArbitcaHott AssociaHon In accordance tiyith its ConstcucNon Industry Mediation Pmceduros in offect on the dsta of thla
Agreement. A request for mediation shall b a made in wrlting, dalivered to tha ather party to this A�reement, and filed
with tha per�on or eniity administering the mediation. Tha request may bo made concurrcntly with tha iiling o£ a
compIaInt or other approprlata damand for b3nding disputa resolution but, in suoh avent, medtallon sbeil praceed in
advanca of binding diaputa resolution pzoceediags, wbioh shall be stayed pending meciiallon for s perlod of 64 days
$om tha data af filing, unless stayed for a Ionger perIod by agteement of the patHea or court order. If an arbIhaHon
proceeding is atayed pnrsuant to this aecHon, the paxties may nonetheless proaeed fo the selectlon of the arbitcatoz(s)
end agea upon a sohedule for Iaterpmceedings,
§ 8.Z,3 The parties ahall share the medIator's fee and any filing feas equally, Tha mediallon shall be hald in tha place
wheie the Project is Iocsted, unless another Iocatlon is mutually agreed upon. Agreements reached ia mediakion ahall
ba enforceabte as settIement agreementa in any couct having jurlsdictFon thoreof.
§ 8.2.4If tha parties do not zesolva a dIspute Wrough mediatioupurauant to tbis Section 8.2, the mathod of binding
disputa resoluHon ahall be tha followIng:
(Check the approprlate bo�,)
[] Atbitration pursuaut to Section 8,3 ef this Agreement
[ X] LiNgaHon in s court of competent jnrlsdiation
[ j Other: i�eG(iYl
If the Owner and Architect do not aeleot a method o£binding dispute resolution, or do nut subsequently agree in
writing to a binding diaputa resolution method other than llttgatton, tha dispute wIll be resolved !n a court of compatent
jurIsdicHon.
{Paragraphs deleted)
§ 8A The provIsions of ttils Articlo 8 shall survIva tho tarmInaHon of this Agreement.
ARTlCI.E 9 'iERMINATION OR SUSPEN810N
§ 9.1 If the Owner fails to maka payments to tha Axchitect in accordanca �vith tbis Agteemeat, such failuro ahall be
constdered substanHalnonperformance and causa for terniinstIon or, atthe Azchitect's option, causa for suspension of
performance of sarvlcas under thts Agreemeak If the Architect eleats to suspend sexvEces, tha Architect shsll gtva
saven days' written notIce to the Owner bafore'suspending services. Tn the event of a auspension of aervieas, the
Architeot shall hava no liability to tha Owner fox delay or damaga caused the Owner because of such suspension of
services. Bafora reswniug servlces, tha Owner ahall pay the Architeat aIl sums due prIor to suspension and any
expenses Iaaurred in the intartuption and rasumpHon of tha Architeat's serv�tces. The Architect's fees %r the
rennaining aervlces and tha tima schedules ahalt ba equitably adjusted.
§ 9.2 If tfie Ownar suspands tho Project, tha Azohttect ahall be compensated for services parformed prior to notica of
such auspension. Whan tha Project is rasumed, tha Architect ahalt ba compeasated for expenses incurced in the
inteirupHon and resumption of tt�e Architect's servlccs. The Architect's fees for the romalning sarvicos aad tha tlma
achedulas shali be squitably adjusted.
§ 9.3 Iftha Ownar auspande the ProJect for more than 90 cumuIativa days for roasons other than tha fault of tha
Aichitect, the Archltect msy tertnlnato this Agreamettt by giving not Lass than saven days' `*ncltten noHca.
AIA Ponumont BtOt" — 2047. Copyright O 1974,1878,1987,1887, 2007 end 2017 by The Amer(can In�Qtuta of Hrchlteota. M rl�te reaerved. The •American
Inlf. �natltuteofArchltects"AIA; 1heAIALoQo,and'AIAContraotDowmenta•arerogbteredtrademarksendmaynotbeusedwfthovtpem�faabn.'ihfadocumenlvree 17
prodttced byAlA eoRware at 10:32:06 ET on 01126J2021 under Order ko.7817187288 whlch expUes on 07I06J202f, I� not for resele, is Uceraed for ona-Itme uae
! anly, and may only be used in exordance vr[th tl�e AIA Contreat Dooumenfe• Terme o( SeMoo. To report oopyrtght NdsUona, e-mee copy�ht�ala.orp.
U�er Notea; (1832944738)
§ 8.4 Bither party mey teiminsta this Agreement upon not less than sevon dsys' wrlttea nottcc ahould tha othar party
fail aubstanHally ta perform in accordanca wlth tha terms of thls Agreement through no fault of tha party inIHating the
termination.
§ S.S Tha Owner may terminate thts Agreemont upon not less than saven days' wrItten notIca to tha Arahiteet for the
Owner's conveniance snd wlthout causa.
§ 9.8 If tho Owner terminatas this Agreoment for its conventenca pursuant to SeeNon 9.5, or the Architect terminates
thie Agreemant pursuant to Section 9.3, tha Ownar shall compensate the Arcfutect fox services performed pdor to
termination, Reimbursable Bxpenses incucred, and costs attrl6utabIa to tamiinatlon, including tha costs athibutable to
tha ArchifecYs tcrminsiion of consultant agreements.
§ 9.7 In addition to any amounts paid under SecHon 9.6, if tho Owner tarmiaates this Agreement fox its eonveaianaa
pursuant to Seetion 9.5, or the Architect tarminates this Agreemantpurauent to Section 9.3, the Owner shs]I pay to We
Axohiteot the following fees:
(Set jorth below fhe amount ojany terminatlon or licensi»g fee, or the method for determining any termrnatton or
licenstng fee.j
.1 Termination Fea:
0.00
.2 Licanstng Fee if tha Oxmer inteads to continue using the Architect's instntments of Servica:
0.00
§ 8.8 Except as otherwisa axprassly provlded harein, this A$reemeat shsll terminata one year from the date of
Substantial Completton.
§ 9.8 Tha Otivnex's rlghts to usa the.Architect's Instrumants of Servlce in the event of a ternunation of thls Agreemeat
are sat forth itt Article 7 and SecHon 9.7.
ARTICLE 10 MISCEI.I.ANEOUS PROVfStONS
§ 90.9 This Agreoment ahall be governed by the law of the placa where the Pro,}ect ia loaated, axaluding that
jurlsdicHon's choice of lawrules. Iftha parties have selected stbikratlon as tha mothod o£binding dispute resoluHon, the
Fcderal ArbitcaHon Aat sball govam SeoHon 8.3.
§ 10.2 xorms in tlils Agreement shall hava ffie asma meaning as those itt AIA DoeumentA201 2017, Cienaral
CondlHons of tha Contract for Construction.
§ 10.3 Tha �wncr and Architec� respectively, bind themseIvt�s, their agente, auaoessoxs, sasIgns, and legal
representatives to this Agreemant. Neithor tha Owner nor tb.e Architect shall assiga tl�is Agreement without tha written
consent of the other, except that the Owner may asslgn this Agreemant to a lenderprovidiag financing for tha Projeat
if the lendar agrecs to assume ti�..e Owner's rights and obligaflons undar this Agreement, inaluding anypaymenta due to
the Arahiteat by tha Ownar prlor to tha assignment.
§ 16.4 Tf the Ownar requests tha Architeot to executa eertiftcates, the proposed Isnguage of such cerNficatas shail be
aubmitted to tha Arct►itect for revlew st least 14 days prior to the requested datcs of exe�uHan. If tho Owner requests
tha Architect to oxecute consants zeasonably required to facllitate assignment to s lander, tha Atehiteat ehall exeoute
ail such consents that aro conaistent wlth this Agreoment, provlded tha proposed consant is submitted to the Architect
for reviaw at least 14 deys prlor to axecutton. Ths Architect ahsil not ba requireci to axecuta cerfificates or consents
that would require laiowledga, scrvlc8s, or responsibllities bayond the seope of this Agreement.
§ 90.5 Nothing contained in this Agreemant ehall create a contractusl:elationship tivith, or a causa of action in favor
of, a third party against either tha Ownar or Architect.
AIA Aooument 61 D1"-2017. Copytight � 18TA,1878,1887.1887, 2007 and 2017 by The /Urtedcan Inattiiuta otArahlteole. All ttehta teseNed, The'Americen
lltif. InsHtuta of ArdiReots; 'AU,' Iho AIA t.opo, and A!A Contreat �acumenta'sre reB�atared trademaHca end may not be used vAthout pertnisalon. Thls doalmantwaa ,� 6
produoed by A!A soRware at 10:32:05 ET on O!l2612021 under order NoJ817187280 whkh expire� on 07lOSf1021, te not for leeela, is Qoeneed far one�Cme uea
1 ooly, and mey eNy be uaed In eaoordence wlth Ihe AIA Contract Pocumenta° Tertna ot Servtce.7o report oopydphtvlolaUona, e-mati oopyrfght�afa.orp.
Uaor Notas: (t832844139)
§ 10.6 Unless otborwlso required in this Agreement, tho Archltect ahall hava no responsibillty for tho discovery,
preaenco, bsndltng, iemoval or dtsposal of, or exposura of persons to, hazardoua materlals or toxic aubstances in any
forni at tho Project slto.
§ 10.T The Arahitect shall have tha rlght to inaluda photographia or artlstic representaHons of Wa design of the Project
among tha Architect's promotional and professiona! materlals. Tha Architect shaU be givenreasonabIa access to the
completed Prof ect to mska auchrepzesentaHons. Howaver, the Azchitect's matertals shall not include tha Owner's
confidenHal ox proprletsry :lnformation if fhe Uwner has prevIously advised tho Architect in writing of the speoifia
inforcueHon considered by the Otivnar to be confidenHai or proprIetary. Tha Owner shall provtde profcssatonal credit for
tha ,Azchiteat in tha Owner's promotlonal matarials for the Project, This SecHon 10,9 shall survive the terminaHon of
thts Agreement unless the Owner torn►inates this Agreeraent for cause pursuant to 3ection 9.4.
§ 90,8 If tho ArchIteut or Owner recaives lnformation speclfically designated as "confidanttal" or "business
proprletaty," the receivIng parEy shall keep such information ahictly con�denHal and ahaU not disolosa it to any other
person axaept as set forth in Seation I0,8,1, This Seallon I0.8 ahall sutviva the tarminatton of thia Agreement,
§ 10.8.4 Tha receiving party may disclase "confidenHal" or "businoss proprletary" informallon after 7 days' noNca to
the othar patty, whett rec�uired by law, arbitrstor'8 order, or cotut ordar, inaluding a subpoena or other form af
compulsory legal process issued by a court or govornmantal entlty, or to tha extent auch iaformaHon is reasonably
necessary for tha seceiving pariy to dofend itself in any disputa. Tha receiving party may also diaclosa such
information to its employees, consultants, or contractors �n order to perform serviaes or work solely snd exoluslvely
for tha ProJeat, provided.those employees, consultants and conhactors are subject to tha reshleNons on the disclosura
and use of such lnformation as set forth in this Section 10.8.
§ 10.9 The invalldity of suy provision of tE►e Agireement shall not invalidata tha Agreement or iEs remAinfng
provlsions. If it is datermined that any provislon of the Agteement violstes sny law, or is othervrise invalid oz
unenfozceable, than that pxovlsion shall ba revised to ihe axtent necessary to make thst provfalon legal and
enforceable. In suoh casa tt►e Agreement ahall be construed, to the fl�llest axtent permitted by law, to give eff'eci to the
partles' iatentious audpurposes iu executing thaAgreement.
Ait71CLE 11 COMPENSATION
§ 11.1 For the Arahiteot's Basia Servlcas descrlbed under Article 3, tha Owner shall compansate tha Architeot as
follows; •
SNpulated Sum
(Insert amount)
Paraentago Basis
(Insert pereentage value)
(5.65 )% of the Coat of tha Wozk
OEhor
(Desc�ibe the method oJcnmpensaHor:)
§ 11.2 For the Arcliitect's Supplemental Senrices des{gnated in SeoHon 4.1.1 and for any Sustainabllity Services
required pwrauant to Section 4.1.3, tha Owner ahal[ compensata tha Architect as %llows:
(1'nsert amount of, or basls for, compensatton. .�'necessary, Ilst spec(J?e servlces tu which particular methods of
compensation apply.)
Iiourly for Serviees Performed by Axohiteot
Cost to tha Axchitect Plus 20% for Sarvtces provlded by Consultants
§ 11.3 Fox Additional Services that may adso durtng the course of tha Project, including thasa under Section 4.2, tha
Owner shall compensate the.Aschiteot as follows:
����� AIA Coaument B101"-2�47. Copytfght � 1874,1978,1887,1997, 2007 end 20t7 by The Mietlaan Inatltute ofArehlteols. Afl dghSa �eseNed.'fhe'Mtetksn
inalRutaofNchlleola� AIA,'1heAlALogo,end%UACon[reotDocumenta'areropieteredtrademerksandmaynotbeusedwlthoutparmfssbn.7htadooumenlwes 19
produaed 6y AIA softvuare et 1032;06 ET on 01/2W202t urxler Order No.78t7187288 whlch explrea on 07/06/2021, la not tor resele, Is iicensed (or ona-tlme usa
! only, end may oNy 6e uaed h acoordance w[th the AfA ConUad Ooaimenta� Tertna of SeMce. To report oopytight WolaUona, e�neli oopytight�afa.orp.
Uaor Notas: (1932844738)
(Irtsertamount oj, orbaslsfvr, compensatlon.J
Hoarly, at G`unent Flourly Rates, Unless Negotiated othartvisa
§ 11.4 CompettsaHon for Supplameatai and Additloaal Services of tho Architect's coneultants when not included Ia
SecHon 11.2 or 11.3, ahall ba tha smount invoiced to the Arohiteot plus t�vanty percent ( 20 %), or as follows;
(Insert amount of, or basis for compuHn� Archftect's consultants' compensatlon for,Supplemental orAddtHonal
Servlces.)
§ 41.6 Whan compensatton for Basio Services is based on a atipulated surn oz a percentaga basis, tha proportion of
compensation foz eaoh phase of services shell be as follows:
Schematia Deslgn Phasa
Dasign Davelopment Pbasa
ConstcuoNon Documenta
Phasa
Procucement Phase
ConstrucHon Phasa
fifteen percant (
tarenty peieent (
forty porcant (
five percent (
twenty parcant (
15 %)
20 %)
ao ��a)
5 %)
20 %)
Totai Basio CompanssNon ona hundred pe�ont ( 100 %}
§ 14.8 When compensation ldentified in SecNon 11,1 is on a parcentage basis, progress payments for eachphaso of
Basic Services ehall be calculated by multiplyingthe perceatages identitied in this Artioie by tho Owner's mast reccnt
budgat for tha Cost of the Work untit actual "Co�t of the Work'� is kuown. Unce kuoWU� "CoHt of the WoYk�'
ahaU be uaed to calealate fee.
§'t1.8.1 When compensaHon is on s parcentago basis and snyportions of tha Pmject ara deleted or otharwlse not
constructed, wmpenastlon for those porNons of tha Project shall be paysbla to tha extent sarvIcss ara pexformed on
those portions. The Architeat ahall be eatitled to compensaHon in accordanca wlth this Agreement for all servlcss
perf'ormed whether oz not the ConstrucHon Phase is comraenced.
§ 11.7 Tha hourly billing rates for sarvices of tba Architect and the Architect's consuitanta are set foxth below. The
xates shall be adjusted in accordance wlth tha Architect's and Architect's cons�tltanfs' norcnal raviaw practices.
(If appllcable, altach an exhibit ojhourly bil!!ng rates or insert them below.J
3EE E��IT'B' - RATES
Employee ar Cate�ory Rate ($0.00)
§ 11.8 Compsnsation for Reimbursable Expenses
§ 11.8.1 Roimbursable Expenses ara in addition to compensation for Basic, Supplamental, ead Additional Servicas
and inalude expensea incurred by tha Architect and tha AzchitecNs consu[tapts di�ectly related to tha Pcoject, as
fo]Iows:
Transportation and author3zed out-of-town travel and subsisteace;
Long distanca servIces, dedicated data and communicaHon services, taleconferences, Projectweb sites,
and extranets;
PermItting and other fees required by authorIties having jurlsdictlon over tha Project;
Printing, reproductions, plots, and standard form documonts;
Postage, handling, and dallvery;
Bxpansa o£ ovarttme work rec�uiring higher than reguiar ratas, if authorized in advanao by the Ovmec;
Rondcringa, physical models, mock ups, professional photography, and presentation materials
requested by the Ownar or required for the Ptoject;
If requlred by tha awner, and wIth fha Owner's prior wrtEtan approval, tha Architeot's consultants'
axpanaes ofprofessional lisbility insurenca dediosted'exolusivaly to tiils 1'roject, or tha expensa of
addit{onal insurance coverage or 2imits in excess of fhat normally maintained by the Archltect's
consultanta;
A!A Dooumont 6101°' --2017. Copyrlpht0l 874,1978,1887,1887, 20�7 and 2017 by Tha Amerloan IruUtuta of Arohiteola. Nl tlghte reaeNed. The'Amarlcan
INt. InstltuleofArchtteoW; •AfA; 1haAlAlogo,end AIAContractDoamenta'ereteglateradtrademaNcaendmaynotbeusedwSQ�outpermisabn.TTilsdoa�mentwaa 20
produced by AIA eoRware at 10:320B ET an 01/2612021 under Otder PIo.78S7187289 whidi explros a► 07/05�I2021,1e not for tasele, Is Itcenaed for ona�lme use
/ only, end mey ontyy be uaed 1n e000rdence wSth the AU1 Contrect �ocuments� Tertna of 8eMce. To report copyrfght Ndatlons, e-ma9 copyrtght(�ete.or�.
UeerHotes; (1932844739}
.9 Alt taxes levIed onprofesstonal aervlces and on reimbursable expenses;
.90 SIte ofiica expenses;
.11 • Registration fees and any other fees ahsrged by the Certifying Authoxlty oc by other enHtles as
necessary to achleve tha Sustainabla Objectivo; and,
.12 Other eimilar Pxoject-related oxpandttures.
§ 11.B.2 Ror Reimbursable Expenses tha campensation shall ba tha expenses incurced by tha Architect and tho
Archlteat's consultants plus ten pexcent (10 %) of the expenses incutred.
§ 11.9 Archlfeat's Inaurance. If the types end limib af coverage required ia SecHoa 2.5 aza in addiHon to the types and
limits tha Architect normally maintains, the Owner ahall pay the Arch{tcct for the addiHanal costs inourred by tho
Archltect for tb.e addltionat covarsges as sot forth balow:
(1'nsert ihe addltional coverages theftrchttect fs requlred to obtafn in order to satlsfy the requfremenls setforlh fn
,Sectton 2,S,�andforwhtch �he D►vnershall retmburse theArchitect.)
Not Appllosble , �
§ 11.10 Psymente to the Archltect . • �
§ 11.10,1 Initial Payments
§ 11.10.1.1 An initial payment of zero-dollars {� 0.00 ) shall be mada upon axecutlon of this Agreemant and is the
miuimum paymont under this Agzeemant. It ahall be oredtted to the Ownar's account ia tha final invoice.
(Paragraph deleted}
§ 11.90.2 Pragress Peymenfs
§ 14.10.2.1 Unless otherwlsa agreed, payments for servlces ahall ba mada monthly in proportion to servlces
parformed. Payments aro due and payable upon preseutaHon of tha Architect's invoice. Amounts unpaid foriy-five (
45 ) days afier tha invoice date shall bear intezest at tha rats entered balow, or in tha absance thereof st the legal rate
prevailing from time to time at tha principal place of business of tha Arctutect.
(Inserl mte of monthly or annual fnterest agreed upon.)
Ten Percent (10%) Annual Rate
§ 11.10.2.2 Tha Owner aha11 not wlthhold amounts from the Architeat's wmpensaHon to impasa a penalty or
Hquidated damagas on the Arcbtfect, or to offset eums requestedby or paid to contractoxs #'or thc cost o£changes in the
Work, unless the Archltect agrees or has been found Iiable for the amounts in a binding dispute resoluHon proceeding.
§ 71.10.2.3 Recorda of Retrabursa6le Bxpanses, expenses pertaining to Supplemental and AddiHonal 9ervlces, and
sarvlces porformed oa tha basis of hourly rates ehall be available to the Owner at muh�atly convenient times.
ART[CLE 12 SPECIAL YERMS AND COMDITIONS
SpeaIal tarms and aond[tions that modify th{s Agreement ara as foIIows:
(Include other terms and condttions appl�cable to thlsAgreement.)
ARTICLE 1S SCOPE OF 7HE At3REEMENT
§ 13.4 'Thts Agreement xepresents fha entira and integrated agreament batwean tha Owner and the Architect and
suparsedes all prfor nagoNations, represantations or sgreemants, either written or oral. This Agreement may be
amended only by wrItten instrument aigned by both the Own.er and Architec�
� 13,2 This Agreament is compzised of the following documents idenHi'ied below:
.7 AIA Doeumant B101T�-2017, Sfandard Form Agreement Batwcen Owner sad Amhitect
.2
(Paragraphs deleted)
.3 Bxhif�ita:
(Check the approprlate bozfor any exh�bils tncorporated �nto thts Agreement)
(] ATA Document B204'r"L2017, Sustainable Projeets Bxhibit, dated as indlcated below:
(Insert the date ojthe E204-2017 incorporated l�tta thfs agreement}
A1ADooumant814t"—xOt7.CopytlphtO1974,'l978,t887,1897,2067and2017byTheAmedoenlnantvteotArcfilteats./Utdyhtareaerved.ihe Amadcan
���t' InstlluteofArchlteols;'AIA; tl�eAlALogo,end•AlAConlrectDauments'ereregleteredUademartcaendmaynotbeusedwlihoutparmUalon.Thlsdocumentwas 2,�
r produced by NA aofivere et 10:3ZU8 ET on OtfZ61202t under Order No,7817187288 whidi expfres on 07/Ob12021, b not for reseie, is poenaed tor orro•tkne uae
only, end may oNy be used in e000rdanoe with �e AU1 ConUact Documents� Terma of Serviee. 7o repoA oopyiight v!olattane, e•mefl copyrfghtf�ete.orp.
Uto�}iotea: (1932844738)
[ X] Other Bxhiblts incorporated iato this Agreement:
(Clearly ident�jy any other exl�tbils tncorporated lnto thfsAgreement, inaluding any exhfbits
and scopes ofservlces tdent�/led as exhtbffs in,Sectton 4.1.2.)
Ezhibit "A" - Servlces
Ezl�i6it "B" - Rates
.4 Othax doauments:
(Lfst otherdocuments, ifany, fornringpart ojtlieAgreement.j
This Agreement entexed into f the day and ycar fust writtea abovF �
4�t ,, •
OWNER(Slgnature) ,l'� ARCHIT ignature)
�C�h ��,Yi,VE'�t v� �� William D. Rutherford, AFA, President �
(Printed name and tttle) (Prtnted name, tItle, arrd 1lcense ntnnber, �f'requtred}
.-Qa`✓''a �' � �
In[k. � pocument 8101' —4017. Copyright C 18T4,1878,1887,1987, 2007 and 2017 byThe Amer�en �netltute otNchKeots. M rf�hts reserved. The'American
tnadtu(e ofNchlteds; 'AIA,' Ihe IUALogo, and AU1Conlract Documenta ere regTstered trademe�lcs end may not 6e used without pe�missbn.7hTs doc�xnentwes Z2
produced by AIA eottwere et t0:32;Ob ET on 01/26/2021 undar Order No381718M88 whlch exptree an O7l0612021, is not for tsaele, la Rcensed tor one-ilme use
l otdy, end may ony be uaed In aacordence w[th the AFA Contract Documenta• 7erms of Snrvtce. To report copyrlpht vloleBona, e-map copycf�ht�ale.org.
U�er Notoa: (1932844738)
E�rh�bit'A'
Estimate of Feca
For
Okeechobee Co Schools - New High Schaol
List of tasks Add ServIces and Reimbursables
Descriptlon RespouslbIlIty (CRA-Archttect, Owner or 1/21/2021
NP-Nor Provided)
1. Progtemming/Programtning confirmation Owner/CRA.
2. Land Survey Servlces #�'
3. Qeotechnical Secvlcea �C�
3a. UtilityLocation Servlces Np
4. Space Sohematica - Inittal layout of spaces based C� Included in Basic
on program infocmation , Services
5. BxIslfng Arcfiitectural As-Built Drawings - 'C�
_ Convert Bxlsting Prints to CAD Fllos. Veritj+
Bxiet3ng Condttlona, Fleld measurements.
Sa. Structurat review of existing buildtttg. �
6. Economia Feasibility Studles - RevIew the NP
Pivancial Viabill ofa coject.
7. Site Analysis and Selection evaluating a site{s) CRA Iacluded in Hasic
for ro'ect viabilt . 3ervices
8. Permitting/Revlew Fees of AHJ's - Water "�
Managemant, T.oca[ Slta, DEP, DOT
9. Owner- Hquip. Coordination: Coordinating with CRA Tnaluded in Basic
Owner supplied equipmenf/vender. Serv3ces
10. Schedufe snd MonitorIng - Detailed Scheduling - NP '
and Monitoring of Contractois Forces is not
xavided.
11. Civil Design - C3rading, Staicing, end Utility *�
Plens, ss Required for Conshuct[on,
12. OffSite Util[t[ea or SpecIai Utilittaa - Deslgn of To be Determfned
Utititles Outside tho Tmmediate Pro,�ect S1to
13. CIvIi, Bnvironmentat Permitting Asst. - �C�
Prepadng Documents snd Completing Forms for
Necessary Site and Envtranmen[al Permltting.
14. SnvIronmentsl Report - B.g. Wetlend deliniation �C�
15. Landscapa Desiga / Irrlgation Dosign *C�`
16. Traftio Consulfant �
17. Grouttd penetrating Radac - Rader used to locate NP
under round utilities.
18. USflBC LBED - Desigtting building to LEED Np
staiidards. (Doal of "Certified" lavel) If item 18 is �
accepted Item 18a must also be accepted. •
18a. Code required cnmmissiouing �C�
Page 1 Exhtblt A- Servlces Form 6-16-19
18b. Enhanccd Commiesioniug, Nr
19. Literior Design, Mat'ls Specs - Material '��
Spec3ficntions and dcsigu� color and %ish selectlon
s�id coordinatlon
20. FF&E Furnitura� Flxtures, and, Equipment CRA Included tn Basic
typlcal Itema not physically part of tha butlding for .� Services when
axa�nple, desks, and chaira, Included in Cost of the included in Cost o
Work ' the Wotk.
21, Speciat Bidding (ro-bidding} or Negottation - �
Bxample, Procuring Individual Bids Prom Each
Subcontractor.
22. Value Anelysis - preparing cost comparisons NP
botween multIpla systoms or products. LCCA's.
23. Detaifed Cost Estimsting - Estimate !n a Higlier �
Dctail thsn Order of Magnituds is not ineluded in
scope.
24, Orounding test. NP •
25. Total Project ManagernendCM - An Enhanced NP
Lcvel of Support During Dacument ProductIon,
Bidding and Constructton, �
26. Start up Assistance - Enhanced Support to Help �
With The Start up and OperatIon of the Building.
27. Record Drawings of New Construction - CAD +CRA
Drawtnga Represonting tha recorded As-Constructed
CondItion of prunary fintshed New Work as
recorded b the contractor.
•�
28. Post-Contract Bvaluation/Warranty Tnspection
29.'fenent Related Servlces - Asslstance Wtth �
Tenant RclatIons and Contracts.
30. Hazardous Matarial Study/Abatement Drawtngs - •CRA
SurveyFor Hazardous Mster[als
31. Abatement plan, �CRA
32. Abatement monitoring & clearance testing. NP
33. Encrgy Forms - Energy Forms Rcquired by AHJ +CRA
for Approval and Pemiitfusg.
34. Lifa Cycle Cost Analysis �C�
35. Energy Modeltng NP
36. 3-D Model - C3raphic Threa DLneasion Model of *��►
project.
37. ModeI Animadon - Animated View of 3-D NP
Modal.
��
38. Kitchen Cousultaut - SpecIalty Consultent to
Select and Specifj� Commerclal Kitcl�en Equipment.
Page 2 Exhtblt A- Servlces Form 6-16-19
39. Travel, CRA - to ciiendproject site, Bxpenses for fCR�►
Qas, Food, and IodgL�g, whcn tcaveli�tig for the
Projcct. Bsdmating 50 sL�gle person-trips
39a. Printing - RcvIew and permitting sets at SD, *CRA
DA, CD, and Recozd Drawings.
4U. Data Cabling - Pmvlding Condutt and Junctton '�CRA
Eoxes in Walls. Deslgn of WirIng, 5yatem's, and
ui ment.
40a, AudiolVideo - FIat Screens, proJectors, amart `�
boards,
41. Constructlon Permittng, Revtew, Permitttng, Rcquired to be provlded by others
and Inapections - Providing third party AHJ
permitting servlces.
41a. ConstructIon Permit Appllcatton - Complating Required to be provided by others
applicatloas aad submittal of permitting documents
to AHJ. �
42. Speclal Inspections, Tfireshotd - Threshold 'G�
Inspectiona.
42a. Threshold Plan '�
43. Acoustical Consuttant(s) Specialty Consulkant P1P
to etudy scousttcs.
44. PhysIcist for lead shielding dcsign 1`1P
45. Detentlon/Security consultant �
45a. SecurIty camera design '�►
46. Photo Documentatton of Prtmary Blaments - NP
Example: photos of completed buildings and
fscilities.
47. Other specialty consultant 1`13'
48. BIM - Develog project in a Building Informatton NP
Model format, ieve1001.
49. Threat Risk Malysis NP
50. Test and Balance - RevIew of existing NP
mechanicat s tcm,
5 t. 30 Day Electrical Study - Panel study typlcally NP
rc ulred b AHCA.
52, Signege GraphIcs - Ciraphtcs for egress maps, sCRA '
dircctional and informationat signs
S3. Advertisement for Bid - Placement of legal *CRA
advertisement for bidding in lacal paper
54, Flre Flow Test. *CRA
S5. Slte Lighting - Parking/Ath[etFa field #CRA
* Items that ara antioipated for scope and that inay be required for the project and des3gnated to
be provided if needed by CRA and compansated as an ndd sarvice or reimbursable. Thesa
aervices will be compensated per agreement.
All other items ara optional if requested and approvad by owner and will ba compensated as
addittonsl services.
Page 3 Exhibit A- Services Form 6-16-19
. '
CL�MONS, RUTHCRFORD & ASSOCIATES, INC, .
. �
ARCfRTECTS I PLANNERS I[NTL�RIOR DESiGNERS I CdNSTRUCTION MANAQCRS ' (
. �
2027 Thamnsrille RoaJ, Tnilei�n��ee, Riorlan 3230B �
. '
pt SSOa65-6153 I f� 850-386-8410 ( tinnr.cranrch(tecti.com
EXHIBI�r �B�
xouxLY �.�s
The basic hourly rates for all architectural and interior design discipltnes
are listed below.
Principal-In-Charge ................................................................................................$2'70.00
Project Manager/Architect .................................................................................�,,..185.00
Assisting Project Manager ...........................................�,.....,...,�................�.����,,....,..140.00
Project Designer .................�......�.�,..,�...........,..,.....................�..,,............................�..165.00
Praject interior Designer .........................................................................................160.00
Construction Administrator ............................................................�.........,...........,.145.00
PIans Review and Inspection ..................................................................................�.140.00
Estimator ................................................................................................�.�..,......,,,...145.00
Educational Surveyor....�...��.�....�� .........................�........�...,...�..............................,...130.00
Specificatlon Writer� ...............................................��...........,.........,,..............,......,,..125.00
BIN! 13D Drafting :...........................................�..�.............................�....�...,....�..�.��...1f 5.00
Drafting: Senior ................................................................................��.,,..,.....,...100.00
Junior ..,..., �. �..,.,.., � � �. �. � � � �......,.,,. � � ............... .............................. � �...........84.0 0
ClericaUSupport Services ...........................................................................................80.Q0
Rates are reviewed and adjusted on an annual basis January la� of each year.
C�:\1A00 Mtsccilaneous Proposals - 6-26-021202110keechobee Co Schools�Bxhibit B hourly cates 2021.docx
Certlf%af►on of Document's Authenficify
AIA� Document D401 T"� — 2003
I, Wi1Ham D. Rutherfozd, President, hereby cettify, to tha best of myknowledga, �nformation aad belief, that I created
tha attaohed final document sImutfaneously with its associated Ad@ittons aad DaleHons Report and this ceztiScation at
10:32:05 ET on 01/25/2021 undar Order No. 7817167288 &om AiA Contraat Doauments soflwara and that in
preparIug the attaehed finel documant I mada no changes to the origins! taxt of AIA� Daaument B101�M-2017,
StandardForm ofAgreementBetween Owner and Architect, as publlshedby the AIA in ita soflware, otherthan thosa
edditions and deleHous ahown in tha aseoclated Addttions and DaletIons Raport.
SY
�: �,,s-��,��e ��..�
(7Ytle)
pr • 2S - Zo2/
(Dated)
NA boaumeht b4D1 "' —20Q3. Copyrlpht A 1992 and 2003 by The Amerken (naGtute of NchReota. Nf rTghts te�erved. The'Amerlcen InsUlule otArchltecte'
'AIA,• Ihe AIA Logo, end'AIA Contract Doatmenta' are reglstered UeQemerk� end tttay not be used vrithout patmiulon, Thla dacument wes ptoduced AfA
aoRware et 10:32:0B E7 on 61/2b/2021 under Order No.7817t87288 whlch e�Irea on O7/OBl2021, Is not for roaete, ta Ilcen�ed for onaUme usa onty, end may onty
be uaed tn a000rEanoe w11h the AIA ContrecR Pocumenls• Terma of SeMoe. To report copyrtghtVldatTone, emalf copyrlght�ala.org.
Usar Nolea: (1832844739)
�
„ �.'
Okeechobee County School Board
NORK AUTHORIZATTON
DATE: 12/10/2021
Arcl�itect's Project20051
�'YORK AUTHORIZATION NO. 2021-001 FOR ARCHITECTUR�iI./ENGINEERING SERVICES
PROJECT: OkeecLobee High School
2800 Higliway 441 North
Okeechobee, Tlorida 34972
D�SIGv rIRi1Z: CRA Architects
2027 Tuomusville Road Tallahassee FL 32308 PH 850-385-5153
I. PROJ�CT DESCRIPTION
Ne�v Okeechobee Higli School
II. SCOPE OF SERVICES
Architectural and Lnginecring Services
Et%rts will include the folIowing Tasks:
1. Schematic Design Services
2. Design development Services
3. Construction Document Services
4. Procurement Phase Services
5. Construction Phase Services
III. ASSUMPTIONS/CLARIFICAT[ONS:
1. All services to be perfonned per AIA Documeut B I01 — 2417 Standard Form of Agreement Beriveet�
Owner and Architect, dated January 2021.
2. All fees and billvig will be per the AIA Document B101— 2017 Stundard Form of Agreemeut Bchveen
Owner and Architect, dated January 2021
3. No informatio�t in this �Vork Authorization No. Q02 shall; add, modify, diminish, or superseded the AIA
B101— 2017 agreeinci2t for ihe Ne�v Okeechobee Higli School.
IV. BREAKDO�VN OF FEF,S:
Initial estimate for Basic Services, $3,533,093.54
Initial estimate for Sapplemcnta[ services, Additional services, And reimbursables, $1,262,905.00
Total initial estimatc, $4,795,998.54
Page 1
WA -- 002
r
Progress Billlngs: �vill be made monthly based upou the perceutage of completion of the Design Phase and
the Bidding aud Co��struction Administration Phase of the project as of the date of the invoice.
Additlona! Servlces Fees:
Any subsequent additions or changes ui the scope of scrvices and associatcd fees �vi[I be mutually agreed
upon by au O�mer �vritten authorization, per the AIA B101 — 2017 agreement. Hourly Rates for
subsequent additional services, unless negotiated othenvise, will be per Bxltibit B of the AIA B1a1 -- 2017
ngreement for �vork performed by the architect.
Principal-In-Cliarge ..................................................................................................5250.00
ProjectManagedArcl�itect .........................................................................................185.00
AssistingProject Manager .........................................................................................140.00
ProjectDesigner .........................................................................................................165.00
ProjectInterior Designer ............................................................................................164.00
Construction Adnunistrator ........................................................................................145.00
Plaus Review and Inspection .....................................................................................140.00
Estimator...................................................................................................................145.00
Educationat Surveyor .................................................................................................130.00
Specitication Writer ...................................................................................................125.00
BIM/ 3D Drafting : ....................................................................................................115.00
DraEiing: Senior .....................................................................................................100.0U
Junior........................................................................................................80.00
ClericaUSupportServices .............................................................................................80.00
V.
DELTVERABLES:
�
�VORK PRODUCTS NU11'IBER OF COPIES TIMELII�IE
Task 1: Scliematfc Design 2 Copies March 21, 2022
1 Electronic PDF File
Task 2: Design Development 2 Copies TBD after determinatlou
i Electronic PDF File of fuudin
Task 3: Constructlon Documents 2 Copies TBD after de ermination
1 E[ectronic PDF File of fu in
Task 4: Procurement N/A TBD after de ermination
of fw in
Task 5: Constructio�i Administration N/A TBD afier de erminatimi
offu in
Approved by:
Okeechobee County School Board
Date: f t ( �' �a.? �
� � �l /
Name: f1. ;\ : , z��.iLt�'v
�rr
Title: Cl�ainn�n
R�viawed by Soard Attorney
Submitted by:
Clemons, Rutherford & Assoclates, Inc.
Date: December 10. 2621
,/ Jamsa H. Lrnt�
I X( Pt13: E�An�Ss�CFtAsrdzteWmm,
�QAv+� / 7 � •c��+�-- f�t�m�ati.trMa
I em approWq thb doturtanl
2021.12.13 07:58:0T-05'00'
Title: _ Production VP
�:..�i �.�;�. "� --.. Page 2 WA-002
�......
- ��
.
�
Exhibit 'A'
Estimatc of Fees ,
ror
Okeechobee Co ScLools - Ne�v High School
List of tasks Add Services and Reimbursables
Aescription Responsibility (CRA-Architect, O►vner or 12/3/2021 Fstimate
NP-Not Providcd)
1. Programming/Programming conf rniation Owner/CRA
2. Land Survey Services *C� $ 130,000.00
3. Geotechnical Services RC� $ 40,000.00
3a. Uti[ity Location Services �
4. Space Sct�ematics - Initial Iayont of spaces based C� 1nc[itded in Basic
on program information Services
S. Existing Architectural MEP As-Built Drawings - *C�►
Convert Existing Prints m CAD Files. Verify
Existing Conditions. Field measurements. As $ 55,600.fl0
needed for demolition and Phasing
Sa. Structural review of existivg building. Np
6. Economic Feasibility Studics - Review the NP
Financial Viabili of a pro'ect.
7. Site Analysis and Se[ection evaivatuig a site(s) CRA Included in Basic
for ro'cct viabili . Services
8. Permitting/Revie�v Fees of AHJ's - Water 'C1tA
Managenient, Local Site, DEP, DOT � 40,000.00
9. Owner- Equip. Coordination: Coordinating with CRA Included in Basic
Owner supplied equipment/vender. Services
10. Schedule and Moniforing - Detailed Scheduling NP
and Monitoring of Contractors Forces is not
rovided.
11. Civii besign - Grading, Staking, and Utility *C� � 216,000.00
Plans, xs Required for Construction.
12. Off Site Utilities or Special Utilities - Design of To be Deternuned
Utilities Outside the Immediate Project Site
13. Civil, EnvironmentaI Pemiitting Asst. - *CRA
Preparing Documents and Compteting Forms for Included in item 11
Necessary Site and Enviroiunental Permitting.
14. Envirotunental Rcport - E.g. Wetland *CItA
deIineation S 20,000.00
15. Landscape Desigu / Iaigation Design 'C� $ 35,000.00
16. Traffic Consuitant - Traffic Study (ASA 001} NP $ 28,320.00
17. Ground penetrating Radar - Radar used to locate NP
under round utiiities.
18. USGBC LEED - Designing building to LEED NP
standards. (Gonl of "Certified" level) If item 18 is
accepted item 18a mast also be accepted.
18a. Code reqi�ired commissioning *C� $ 63,050.00
Page 1 Exhibit A- Servlces Form 5-16-19
� '
18b. Enhanced Commissioning. �'
19. Interior Design, Mat'is Specs - Material '�C�
Specifications aud design, coloz and finish selection S 45,000.00
and coordination
20. FF&E Furniture, Fixtures, and, Equipment CRA Included in Basic
typical items not piiysically part of the building for Services when
cxample, desks, and chairs. Included in Cost of the inclu@ed in Cost o
Work the tiVork.
21. Special Bidding (re-bidding) or Negotiation - Np
Example, Procuring Individual Bids From Each
Subcont[actor.
22. Value Anaiysis - preparing cost comparisons NP
between multiple systems or products. LCCA's.
23. Detailed Cost Estimating - Estimate in a Higher NP
Detail lhan Order of Magnilude is not included in
scope.
24. Grotuiding test. �
25. Total Project Managcment/CM - An Enhanced NP
Level of Support During Document Productiov,
Bidding and Construction.
26. Start-up Assistancc -Enhanced Support to Hclp NP
With The Start up and Operation of the Building.
27. Record Drawings of Ncw Caistruction - CAD �`CRA
Dra�vings Representing the rccorded As-
Constructed Condition of primary finished New � 10,000.00
Work as recorded b the contractor.
28. Post-Contract Bvaluation/Wa�ranty Inspection *C� � 12,000.00
29. Tenant Related Services - Assistuncc With NP
Tenant Rctations and Contrncts.
30. Hazardous Material Study/Abatement Drnwings *C�
Survey For Hazardous Materials $ 40,000.00
31. Abatement plan. '��► � 20,OOO.UO
32. Abatement monitoring & ciearance testing. �
33. Energy Forms - Energy Forms Required by AHJ *CRA
for Approval and Penuitting. S 3,315.00
34. Life Cycle Cost Analysis 'C� $ 20,800.00
35. EnergyModeiing NP
36. 3-D Modcl - Graphic Three Dimension Model of *C�
projecf. S I2,000.00
37. Model Animation - Animated View of 3-D I`1P
Modcl.
;CRA
38. Kitchen Consultant - Specialty Consuttant to $ 50,000.00
Select and Specify Commercial Kitclien Equipment.
Page Z Exhlbit A- Services Form 5-'16-19
39. Travel, CRA - to cIiendproject site. Expenses for � *CRA
Gas, Food, w�d lodging, �vhen traveling for the a 27,500.00
Project. Bstimating 50 singlc person-trips
39a. Printing - Revie�v and pennitting sets al SD, �C� $ 15,000.00
DD, CD, aud Record Drativings,
40. Data Cabling - Providing Conduit and Juuction �'CitA
Boxes in �Valls. Design of \Viring, Syste�n's, and $ 75,010.00
E ui ment. .
40a. Audio/Video - Flat Screens, projectors, smart *CRA
boards. S 51,480.00
41. Construction Permitting, Review, Permitting, Required to be provided by others
and Inspections - Providing third party AHJ
permitting services.
41a. Construction Permit Application - Completing Required to be provided by othecs
applications and submittal of pemutting documents
to AHJ.
42. Special Inspections, Ttueshold - Threshold *CRA
Inspections. $ 45,000.00
42a. Threshold Plan '�C� $ 4,000.00
42b. Special Inspections, 2-wayRadio •CRA - Optionai
Communications S 37,050.00
43. Acoustical Consuttant(s) Specialty Consultant NP
to study acoustics.
4a. Physicist for lead shieiding design NP
45. Deteutioi�/Security consuttant NP
45a. Security camera design 'C� $ 34,320.00
46. Photo Doeumentation of Primary Elements - Np
Example: photos of completed buildings and
facilities.
47. Other specialty consultant NP
48. BIM - Develop project in a Building Information NP
Model format, Leve1001.
49. Ttueat Risk Analysis rTp
50. Test and Salance - Revietv of existing Np
mechanical s stem.
51. 30 Day Electricat Shidy - Panel study typicatly Np
re uired b AHCA.
52. Signagc Graphics - Graphics for cgress maps, *CRA
directional and informational signs $ 5 000.00
53. Advertisement for Bid - Placement of legal '�CRA
advertisement for bidding in local paper $ 2,000.00
54. Fire Flow Test. *C� a 3 000.00
55. Site Lightmg - ParkingJAthletic field *CRA $ I22,464.00
Su6 Total Add Services, Supplemental Services,
and Relmbursabtes $ 1262 905.00
Cost of the Work Fstimate for A/E Fee Basis
Construction Cost $58,832,629.OU
FF&E, Touch Panels, Security, Data, A/V, Caaieras $3,700,000.00
Sub Total Cost of the Work for A/B Fee Basis �b2,532,b29.00
Page 3 Exhibit A- Services Form 5-15-19
! �
Estlmated A/E Basic Services $62,532,629.00 5,65% $ 3,533,093.54
Estin►ated Total for Purchase Order $ 4 795 998.54
" Items that arc anticipated for scope and Wat may be required for tE�e project and designated to
be provided if nccded by CRA aced compensated as an add service or reimUursable. These
services will be compensated per agreement.
AU otlier items are optional if requested and approved by owner and will be compensated as
additional services.
Page 4 Exhibit A- Services Form 5-16-19