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HomeMy WebLinkAbout2022.10.18_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY (OPWA) Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, October 18, 2022 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. AGENDA 1. Call to Order - Chair Kelly Lewis 2. Roll Cal k 3. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes -October 4, 2022, and October 11, 2022, Regular Meetings B. Approve claims C. Accept the 2020 Owasso Market Sewer Improvement- Rebid Project and authorize final payment to Jerry's Excavation, Inc., of Hulbert, Oklahoma in the amount of $70,957.55 4. Consideration and appropriate action relating to items removed from the Consent Agenda 5. Consideration and appropriate action relating to a Fiscal Year 2022 -2023 budget amendment for the re- appropriation of carryover funds from Fiscal Year 2021 -2022 Carly Novozinsky Staff recommends approval of a budget amendment, increasing the estimate of revenues by $11,346,447.70, and appropriation for expenditures by $15,491,591.84. 6. Consideration and appropriate action relating to an agreement for architectural and engineering design services for the Public Works and Vehicle Maintenance Facilities Roger Stevens Staff recommends approval of an architectural and engineering agreement between the OPWA and Beck Design of Tulsa, Oklahoma, in an amount not to exceed $811,550.00, and authorization to execute all necessary documents. Consideration and appropriate action relating to a Development and Financing Agreement for development project assistance in the Owasso Redbud District Project Plan, Tax Increment Financing District No. 1, for a residential project located at 414 South Birch Chris Garrett Staff recommends approval of the Development and Financing Agreement with New Age Homes, LLC, and authorization to execute all necessary documents. 8. Report from OPWA Manager 9. Report from OPWA Attorney 10. Official Notices (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date October 8, 2022 • Monthly Budget Status Report - September 2022 OPWA October 18, 2022 Page 2 11. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 12. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 10, 2021, and the Agenda posted at City Hall, 200 South Main Street, at 1:00 pm oryryiday, October 14, 2022. M. Stevens, City The Ciy of Owosso encourages citizen participation. To request - accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens@cityofowasso.com OWASSO PUBLIC WORKS AUTHORITY (OPWA) MINUTES OF REGULAR MEETING TUESDAY, OCTOBER 4, 2022 The Owasso Public Works Authority (OPWA) met in regular session on Tuesday, October 4, 2022, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 10, 2021; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 12:00 pm on Friday, September 30, 2022. 1. Call to Order -Chair Kelly Lewis called the meeting to order at 6:54 pm. 2. Roll Call - A quorum was declared present. Present Absent Chair- Kelly Lewis None Vice Chair - Alvin Fruga Trustee - Doug Bonebrake Trustee - Bill Bush Trustee - Lyndell Dunn Staff: Authority Manager - Warren Lehr / Authority Attorney - Julie Lombardi 3. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the Authority to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - September 20, 2022, Regular Meeting B. Approve claims Mr. Bush moved, seconded by Mr. Fruga to approve the Consent Agenda as presented, with claims totaling $836,233.29. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 5 -0 4. Consideration and appropriate action relating to items removed from the Consent Agenda- None 5. Consideration and appropriate action relating to the purchase of a mini - excavator and declare equipment as surplus to the needs of the Authority Robert Allison presented the item, recommending approval to purchase a 2022 Yanmar mini - excavator in the amount of $54,592.00 from Ditch Witch of Tulsa, Oklahoma, per the State of Oklahoma's approved contract #SW0193; and, to declare the 2005 Yanmar mini - excavator (Serial# 309758) as surplus to the needs of the Authority and authorize disposal via on -line auction. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve the purchase; declare the 2005 Yanmar mini- excavator as surplus, and authorize disposal, as recommended. YEA: Bonebrake, Bush, Dunn, Frugo, Lewis NAY: None Motion carried: 5 -0 6. Report from OPWA Manager -None 7. Report from OPWA Attorney -None 8. Official Notices- The Chair acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date September 24, 2022 9. New Business - None 10. Adjournment Mr. Dunn moved, seconded by Mr. Bush to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 5 -0 and the meeting adjourned at 6:58 pm. Kelly Lewis, Chair Juliann M. Stevens, Authority Clerk Owasso Public Works Authority October 4, 2022 Page 2 OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING TUESDAY, OCTOBER 11, 2022 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, October 11, 2022, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 10, 2021; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 12:00 pm on Friday, October 7, 2022. 1. Call to Order /Roll Call - Mayor /Chair Kelly Lewis called the meeting to order at 6:00 pm. Present Absent Mayor /Chair- Kelly Lewis None Vice Mayor /Vice Chair - Alvin Fruga Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Bill Bush Councilor /Trustee - Lyndell Dunn A quorum was declared present. 2. Presentation and discussion relating to the Economic Development Strategic Plan (EDSP) Annual Report Chelsea Levo Feary presented the item and discussion was held. 3. Discussion relating to the City Manager's evaluation process Mayor Lewis presented the item and discussion was held. 4. Discussion relating to proposed FY 2021 -2022 Carryover Funds -General Fund and OPWA Fund Carly Novozinsky presented the item and discussion was held. It was further explained that an item would be placed on the October 18, 2022, City Council and OPWA agendas for consideration and action. 5. Discussion relating to Community Development items A. Request for annexation (OA 22 -02) and rezoning (OZ 22 -08) of approximately 4.99 acres located at 12924 East 76th Street North from Agriculture (AG) to Residential Multi - Family (RM) B. Request for a ten -foot utility easement closure - Graceland Acres, located at the northeast corner of East 76th Street North and North 129th East Avenue C. Request for final plat - 5th Avenue Business Park, approximately 10.48 acres located at the southwest corner of the intersection of East 51h Avenue and North Owasso Expressway Alexa Beemer presented items A and B, and discussion was held. Karl Fritschen presented item C and discussion was held. It was further explained that these items would be placed on the October 18, 2022, City Council agenda for consideration and action. 6. Discussion relating to the architectural and engineering design of the new Public Works and Vehicle Maintenance Facilities Rogers Stevens presented the item and discussion was held. It was further explained that an item would be placed on the October 18, 2022, OPWA agenda for consideration and action. 7. Discussion relating to City /Authority Manager items A. 2023 City Council Election for Ward 3 and Ward 4 B. Monthly sales tax report and revenue outlook C. City Manager report Juliann Stevens presented item A and discussion was held. It was further explained that an item would be placed on the November 1, 2022, City Council agenda for consideration and action. Carly Novozinsky presented item B and discussion was held. Mr. Lehr reported on the 2022 Harvest Festival, 2022 Character Luncheon, and the Finance Department receiving the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting for the comprehensive financial report for the fiscal year ending June 30, 2021. Owasso City Council, OPWA & OPGA October 11, 2022 Page 2 8. City Councilor /Trustee comments and inquiries City Councilors commented on the October Gathering on Main event, and the 2022 Harvest Festival. 9. Adjournment The meeting adjourned at 8:15 pm. Kelly Lewis, Mayor /Chair Juliann M. Stevens, City Clerk Claims List - 10/18/2022 Fund Vendor Name Payable Description Payment Amount 61 OPWA KELLOGG ENGINEERING, INC 117 LFT STAT & FORCE MAIN $16,685.00 117TH STREET FORCE MAIN -Total WASTE MGMT- DISPOSAL $16,685.00 MSB CONSTRUCTION LLC COFFEE CREEK LIFT $85,110.50 COFFEE CREEK LIFT STATION - Total UNIFORM SERVICES $85,110.50 AMERICAN MUNICIPAL SERVICES LTD COLLECTION SERVICES $96.97 OPWA -Total ENG SVCS RECYCLE CEN $96.97 BLUE ENERGY FUELS LLC CNG FUEL EXP SEPT 22 $101.88 JPMORGAN CHASE BANK AMAZON- SUPPLIES $58.75 JPMORGAN CHASE BANK APWA -EXAM $300.00 JPMORGAN CHASE BANK LOCKE- SUPPLIES $172.00 JPMORGAN CHASE BANK MAIL THIS - POSTAGE $7.92 JPMORGAN CHASE BANK MEETING EXP 09/22 $72.00 JPMORGAN CHASE BANK ODP BUS - SUPPLIES $6.35 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $164.83 UNIFIRST HOLDINGS LP UNIFORM SERVICES $59.16 OPWA ADMINISTRATION -Total $942.89 JPMORGAN CHASE BANK NATURAL EVOL- DISPOSAL $1,084.21 JPMORGAN CHASE BANK WASTE MGMT- DISPOSAL $1,430.22 TERMINIX PEST CONTROL $166.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $37.40 RECYCLE CENTER -Total FUEL EXPENSES SEPT 22 $2,717.83 BRIAN A CASEMENT ENG SVCS RECYCLE CEN $10,125.00 RECYCLE CENTER EXPANSION -Total $10,125.00 BLUE ENERGY FUELS LLC CNG FUEL EXP SEPT 22 $2,360.83 CRANE CARRIER COMPANY '09 TURN SWITCH $618.23 CRANE CARRIER COMPANY '15 - MODEL UNIT $243.26 CRANE CARRIER COMPANY 18 -2 TRUCK PARTS $741.80 FLEETCOR TECHNOLOGIES FUEL EXPENSES SEPT 22 $5,572.60 JPMORGAN CHASE BANK BROWNCO- UNIFORM $144.00 JPMORGAN CHASE BANK HOME DEPOT -PARTS $9.97 JPMORGAN CHASE BANK PIKEPASS -FEES $1.65 JPMORGAN CHASE BANK SAMS- SUPPLIES $65.96 JPMORGAN CHASE BANK STREET LAMPS - SUPPLIES $159.50 JPMORGAN CHASE BANK TULSA RETAIL- SUPPLIES $1,088.13 JPMORGAN CHASE BANK WASTE MGMT - DISPOSAL $14,047.62 UNIFIRST HOLDINGS LP UNIFORM SERVICES $140.52 VERIZON WIRELESS WIRELESS CONNECTION $211.20 REFUSE COLLECTIONS -Total $25,405.27 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES $1,275.72 UTILITY BILLING -Total $1,275.72 1 Claims List - 10/18/2022 Fund Vendor Name Payable Description Payment Amount 61 OPWA BLUE ENERGY FUELS LLC CNG FUEL EXP SEPT 22 $33.54 FLEETCOR TECHNOLOGIES FUEL EXPENSES SEPT 22 $1,744.61 JPMORGAN CHASE BANK COMM POWER- REPAIR $162.50 JPMORGAN CHASE BANK CORE &MAIN - SUPPLIES $222.40 JPMORGAN CHASE BANK DELL- EQUIPMENT $32.39 JPMORGAN CHASE BANK NSC- EQUIPMENT $6,749.45 JPMORGAN CHASE BANK PIKEPASS -FEES $13.50 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $375.65 UNIFIRST HOLDINGS LP UNIFORM SERVICES $12210 VERDIGRIS VALLEY ELECTRIC COOP COFFEE CREEK ELECTRIC $966.46 VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECT $178.36 VERIZON WIRELESS WIRELESS CONNECTION $80.02 WASTEWATER COLLECTIONS -Total $10,681.58 AT &T PHONE SERVICE $9.70 BLUE ENERGY FUELS LLC CNG FUEL EXP SEPT 22 $9.61 FLEETCOR TECHNOLOGIES FUEL EXPENSES SEPT 22 $744.44 JPMORGAN CHASE BANK AMAZON- REFUND ($106.69) JPMORGAN CHASE BANK DELL - EQUIPMENT $2,486.87 JPMORGAN CHASE BANK LOCKE- SUPPLIES $53.80 JPMORGAN CHASE BANK NCL- SUPPLIES $133.13 JPMORGAN CHASE BANK WASTE MGMT- DISPOSAL $9,200.50 UNIFIRST HOLDINGS LP UNIFORM SERVICES $165.61 VERIZON WIRELESS WIRELESS CONNECTION $80.02 WASTEWATER TREATMENT -Total $12,777.19 BILL BASORE TRUCKING & EXCAVATION, AUGUST DIRT $173.33 BILL BASORE TRUCKING & EXCAVATION, JULY DIRT $21.66 BLUE ENERGY FUELS LLC CNG FUEL EXP SEPT 22 $94.04 CITY OF TULSA UTILITIES WATER $460,688.75 FLEETCOR TECHNOLOGIES FUEL EXPENSES SEPT 22 $1,686.54 JPMORGAN CHASE BANK BEST BUY -PARTS $19.00 JPMORGAN CHASE BANK CORE &MAIN -PARTS $3,867.86 JPMORGAN CHASE BANK CORE &MAIN - SUPPLIES $8,500.28 JPMORGAN CHASE BANK LODGING EXP 09/28 $101.99 JPMORGAN CHASE BANK OREILLY- SUPPLIES $27.98 JPMORGAN CHASE BANK PIKEPASS -FEES $5.10 JPMORGAN CHASE BANK TRAVEL EXP 09/28 $120.51 JPMORGAN CHASE BANK UTILITY SUPPLY -EQUIP $1,127.34 JPMORGAN CHASE BANK VERMEER -PARTS $60.19 UNIFIRST HOLDINGS LP UNIFORM SERVICES $124.12 VERDIGRIS VALLEY ELECTRIC COOP WATER CONTROL ELECT $30.60 VERIZON WIRELESS WIRELESS CONNECTION $200.05 E Claims List - 10/18/2022 Fund Vendor Name Payable Description Payment Amount 61 OPWA WATER -Total $476,851.34 CROSSLAND HEAVY CONTRACTORS WWTP & MAIN LS $800,522.79 GREELEY & HANSEN LLC LBX 619776 WWTP & LIFT STATION EXP $21,225.80 WWTP UPGRADE -Total $821,748.59 OPWA -Total $1,464,417.88 OPWA Grand Total $1,464,417.88 TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of the 2020 Owasso Market Sewer Improvement - Rebid Project and Authorization for Final Payment DATE: October 14, 2022 BACKGROUND: In February 2021, the Owasso Public Works Authority approved a construction contract with Jerry's Excavation, Inc., in the amount of $860,300.00. In July 2021, the Authority additionally approved a change order increasing the amount of the contract by $81,000.000, to upgrade an additional 560 LF of 8" sewer line to a 12" line to increase future capacity. As a result, the new contract amount became $941,300.00. Work within the contract included installation of new 12" PVC sewer line in a new alignment as well as removal of some 8" PVC sewer line and replacement with a new 12" sewer line to handle existing as well as future capacity of new development and new manholes. In August 2022, all work was completed, inspected by staff, and met all standards for acceptance. A final payment of $70,957.55, results in a final contract amount of $927,051.00. This amount includes a deduction of $10,000.00 in liquidated damages, for a total contract underrun of $14,249.00. FUNDING: Funding for the project is available in the Wastewater Collections Division Budget via a loan from the Oklahoma Water Resources Board. RECOMMENDATION: Staff recommends acceptance of the construction project, and authorization for final payment to Jerry's Excavation, Inc., of Hulbert, Oklahoma, in the amount of $70,957.55. ATTACHMENTS: Final Pay Documents Location Map 61- 455-177 -51270 Contractor's On for Payment No. ENGINES DOCUMENTS Perad: Division 533,000.00 Progress Estimate - Unit Price Work Contractor's Application CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA COUNTY OF CHEROKEE The undersigned ENGINEER OR SUPERVISORY OFFICIAL of lawful age, being first duly sworn upon oath, states that this invoice, claim or contract is true and correct. Affidant further states that the work, services or materls, as shown by this invoice or claim, have been completed or supplied in accordance with the plans, specifications, orders or requests furnished to the affiant. Affiant further states that (s)he has not paid, given or donated or agree to pay, give or donate, either directly or indirectly, to any elected official, officer or employee of the state of oklahoma any money or any other thing of value to obtain payment or the award of this contract. subscribed and sworn to before me this 1st day of August, 2022. CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN Prose Owner Contractor Project: 2020owassoMarxet sewer improvements Name: Jerry's Excavating INC. Address: 200 South Main Address: 9011 N 547 Road Owasso ox 74055 Hulbert ox 744411 city Stale Tip Coda city $tele Zip Code Contractor Licence: OWpet _Owasso Public Works AutborIry Contract Date: 2 / 16 !2021 TO ALL WHOM IT MAY CONCERN: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Contractor hereby waives, discharges, and releases any and elf liens, claims, and rights to liens against the above - mentioned project, and any and ail other property owned by or the title to which Is in the name of the above - referenced Owner and against any and elf funds of the Owner appropriated or available for the construction of said project, and any and all warrants drawn upon or Issued against any such funds or monies, which the undersigned Contractor may have or may hereafter acquire or possess as a result of the furnishing of labor, materials, and /or equipment, and the performance of Work by the Contractor on or in connection with said project, whether under and pursuant to the above - mentioned contract between the Contractor and the Owner pertaining to said project or otherwise, and which said liens, claims or rights of Ilan may arise and exist. The undersigned further hereby acknowledges that the sum of Dollars ($70.967.6 )) constitutes the entire unpaid balance due the undersigned In connection with sold project whether under said contract or otherwise and that the payment of said sum to the Contractor will constitute payment in full and will fully satisfy any and all liens, claims, and demands which the Contractor may have or assert against the owner In cohneolion with said contract or project. Dated this day of Witness to Signature: Title: Page 1 of 1 Print Form The undersiened mahorized representai\es: Roger Stevens Owasso Public Works Authority Daniel Dearing Owasso Public Works Authority Jerry Halpain representing Jerry's Excavation for 2020 Owasso Markel Sewer Improvements hereby certify that: The contract or portion of the contract funded by the oklahoma water resources board (owrb) through loan fap-19-0004 was completed on 8/31/22 and a final inspection of the completed work was conducted on 10/3/22. The above referenced contract or portion of contract was constructed in accordance with the approved Plans and Specifications. and all applicable laws, rules, and regulations. all completed construction items are in operation and have been accepted by the owner. all revelant sales fap requirments were complied with. All request for loan proceeds revelant to the contract or portion of contract have been drawn as per the Final Pay Request and none of the expenses incurred under this contract or portion of contract have been requested more than once. The as-built plans, if applicable, have been provided to the oklahoma department of enviromental quality (odeq). the contractor has been paid in full for the contract or portion of contract completed being closed out, in accordance with the contract agreement. pendig receipt of the amount retained. the contractor has paid in full for all materials purchased and all labor employed. and there are no claims against the contractor as an employer under this contract or portion of contract on account of injuries sustained by workmen employed by the contractor. the contractor released the owner from any claims arising by virtue of this contract or portion of contract. Owasso Market Sewer Improvements Project 1" = 433 ft 06/22/2021 This map may represems a visual display of related geographic information. Data provided here cn is not guaramee of acutual field conditicns. To be sure cf complete accurecy, please contactthe responsible staff for most up -to -date information. This map may represems a visual display of related geographic information. Data provided here cn is not guaramee of acutual field conditicns. To be sure cf complete accurecy, please contactthe responsible staff for most up -to -date information. TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Carly NovoAnsky, Finance Director SUBJECT: Supplemental Appropriation Carryover Budget DATE: October 14, 2022 BACKGROUND: Every year, at the June 30th fiscal year end, there are unspent budgets. While appropriations were included in the FY 2022 Budget, the actual expenditure for all or part of open items will occur during FY 2023. Because the FY 2023 budget was prepared prior to year -end, and before it was known whether funds would be expended or not, the fund balance used to develop the OPWA Budget was projected as though all non -salary budgets would be expended by year -end. Therefore, approval of carryover non -salary budgets does not reduce the estimated June 30, 2022, fund balance. In order to keep from having purchase orders open for multiple years, past practice of the Authority is to close prior year purchase orders at the end of September, and re- appropriate the funds in the subsequent year, along With authorizing the Authority to re -issue the purchase orders in the new fiscal year. Since Generally Accepted Accounting Principles (GAAP) do not recognize encumbrances, closing out old encumbrances where goods and services have not been received, will enable the Authority's budgetary financial statements to more closely align with audited GAAP statements. OPWA Department FY 2023 Expenditure Budget Expenditure Carryover Requested Revised FY 2023 Expenditure Budget Revenue Carryover OPWA Debt Proceeds $ 3,000,000.00 $ 3,000,000.00 $ 11,346,447.70 OPWA Administration 1,224,764,00 1,000,000.00 2,224,764.00 Utility Billing 519,783.00 3,770.00 523,553.00 Water 5,200,243.00 59,880.00 5,260,123.00 Wastewater Treatment 1,667,730.00 8,223,825.81 9,891,555.81 Wastewater Collections 7,928,594.00 1,568,746.25 9,497,340.25 Refuse 1,360,730.00 80,907.00 1,441,637.00 Recycle 265,172.00 558,346.00 823,518.00 TransfertoCIPIDebt Proceeds 3,996,116.78 3,996,116.78 Total 21,167,016.00 1 15,491,591.84 36,658,607.84 11,346,447.70 RECOMMENDATION: Staff recommends approval of a budget amendment in the OPWA Fund, increasing the estimate of revenues by $11,346,447.70, and the appropriation for expenditures by $15,491,591.84. TO. From: Subject: Date: BACKGROUND: The Honorable Chair and Trustees Owasso Public Works Authority Roger Stevens, Public Works Director Architecture and Engineering Design Agreement - Public Works and Vehicle Maintenance Facilities October 14, 2022 In March 2020, the City of Owasso purchased a 62.55 -acre tract of land located at East 116 Street North and Mingo Road. The land was purchased to accommodate a new Public Works Facility, Vehicle Maintenance Facility and onsite and regional stormwater detention. The Public Works facility will include approximately 16,000 square feet of Public Works office space and approximately 14,000 square feet for the field operations personnel. In addition, approximately 20,000 square feet of covered or enclosed storage for salt, sand, gravel and equipment. The Vehicle Maintenance Facility will have approximately 18,000 square feet of space for administration and fleet maintenance. Lastly, the regional and onsite detention design will be performed by others. In April 2022, staff requested qualifications from seven architect firms. In May 2022, staff reviewed and scored the qualifications of the seven firms and narrowed the list to the top three firms based on experience and credentials. In June 2022, the three firms were interviewed, with Beck Design, of Tulsa, Oklahoma being selected by the selection committee. ARCHITECTURE AND ENGINEERING AGREEMENT /SCOPE OF WORK: City staff and Beck Design developed a scope of work for the design project. Design plan submittals will be required at the 50% and 95% completion stages and then final plans for bid advertisement. The following components are included in the agreement: • Architectural Design, Structural, Mechanical, Electrical, Plumbing, Fire Protection Engineering • Landscape Architecture • Site Survey • Geotechnical Services • Civil Engineering -Water, Sanitary Sewer, Stormwater and Roadway Improvements • Fixtures, Furniture and Equipment Selection • Construction Administration Services In October 2022, City staff and Beck Design negotiated the design service fee. If approved by the Trustees, the cost of architecture /engineering services will be a lump sum amount of $811,550.00. FUNDING: The funding for the proposed design fee is available in the Owasso Public Works Authority Fund. OPWA Page 2 RECOMMENDATION: Staff recommends approval of an architectural and engineering agreement between Owasso Public Works Authority and Beck Design of Tulsa, Oklahoma in an amount not to exceed $811,550.00, and authorization to execute all necessary documents. ATTACHMENTS: Site Map Agreement OPERATIONS COVERED OWASSO PUBLIC WORKS NORTH OWASSO PUBLIC WORKS NORTH AIA Document B133'- 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the Eighteenth day of October in the year Two Thousand Twenty Two. ADDITIONS AND DELETIONS: an words, indicate day, month and year.) The author of this document has added information needed for its BETWEEN the Architect's client identified as the Owner: completion. The author may also (Name, legal slams, address, and other information) have revised the text of the original AIA standard form. An Additions and City of Owasso Deleffons Report that notes added P.O. Box 180 (preferred) information as well as revisions to the 301 W. tad Avenue (Only if a physical address to our building is needed) standard form text is available from Owasso, OK 74055 the author and should be reviewed. A ATTN: Roger Stevens, Owasso Public Works vertical line in the left margin of (his document Indicates where the author and the Architect: has added necessary information (Name, legal status, address, and other n formation) and where the author has added to or deleted from the original AIA text. This document has important legal Beck Associates Architects, PLLC consequences. Consultation with an 110 West Th, Suite 710 attorney Is encouraged with respect Tulsa OIC 74119 to Its completion or modification. for the following Project: This document Is intended to be used (Name, location, and detailed description) in conjunction with AIA Documents A201-2017"", General Conditions of the Contract for Construction; Owasso Public Works Office and Maintenance Facility to be located at the property A133- 20197a Standard Farm of bounded by 11611 St. N along the north, N 9711 E Ave(Mingo Rd) along the west. The Agreement Between Owner and railroad track along the east and the housing properties to the south. The land area is Construction Manager as approximately 63 acres. A new office building, fleet maintenance facility, field offices and Constructor where the basis of storage buildings will be designed on the existing greenfield site. Site paving, vehicular payment is the Cost of the Work Plus access and circulation will be provided. A portion of the civil engineering and a Fee with a Guaranteed Maximum environmental study scope will be provided by the owner under a separate contract Price; and Al34 -2019TM Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of The Construction Manager (if known): payment Is the Cost of the Work Plus (Name, legal status, address, and other inforuration) a Fee without a Guaranteed Maximum Price. AIA Document A201 w-2017 Is adapted In this To be determined document by reference. Do not use Atli other general conditions unless this document Is modified. The Owner and Architect agree as follows. Init. AIA Document 8133- -2a 19. Copyright ® 2014, and 2019 by The Amedcxn Institute of Architects. All rights reserved. The 'American lnslaule of Archltects; 'AIA; the AIA Logo, and'AIA Contract Documents' are registered trademarks and may not be used without permission. This documentwas produced by AIA software at 10:43:41 CT an 1010512022 under Order No.2114260969 which expires an 0112312023. Is not for resale, Is licensed for one -lime use only, and may only / be used In accordance with the AIA Contract Documents®Terms of Service. To report copyright violations, e-mail mpyrighi@ala.arg. User Notes: (1332507179) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set froth in this Section I.I. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program hill be developed.) Broad -based programming established as described in Exhibit A § 1.1.2 The Project's physical characteristics: (Identify a- describe pertinent information about the Project's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; hapic and utility studies; availability ofpublic and private utilities and services,, legal description of the site, etc.) The land to be developed at the southeast corner N. 97th E. Avenue and 116th St. N is an approximately 63 acre site. The Beck team along with the City of Owasso representatives will design approximately 16,000 SF Public Works office space, approximately 18,000 SF of fleet maintenance and field offices, And an approximately 14,000 SF Field Operations Building. In additions around 20,000SF of unconditioned, covered or enclosed storage for salt, sand, gravel and equipmentwill be provided. The surrounding site will be lay area for materials and equipment. Parking for staff and visitors will be provided and access drives planned for ease of equipment circulation. Access roads from Mingo and 116th ST N will be included in the design. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: Init. AIA Document 8133- -zo 19. Copyright ® 2014, and 2019 by The American Institute of Architects. All lights reserved .The - Amedcan lnsgWle of Architects; 'AIA; the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:43:41 CT on 10105/2022 under Order No.2114260969 which expires on 01123/2023, is not for resale, is licensed for one -time use only, and may only t be used In accordance with the AIA Contract Documents® Terms of service. To report copyright vlelallons, a -mall copyright @ala.org. User Notes: (1332507179) (Provide total ancj ifknown, a line itenf breakdown.) Total Project budget: $11,000,000 § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: N/A .2 Construction commencement date: N/A .3 Substantial Completion date or dates: N/A .4 Other milestone dates: N/A § 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (Indicate agreement type) [ ] AIA Document A133 -2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price. (Paragraph deleted) § 1.1.8 The Owner's requirements for accelerated or fast -track design and construction, or phased construction are set forth below: (List ntonber and type ofbid(procarenfentpackages.) 17/:1 § 1.1.7 The Owner's anticipated Sustainable Objective for the Project: (identify and describe the Owner's Sustainable Objective fa• the Project, ifany.) N/A § 1.1.7.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E234T ^L2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E234 -2019 is incorporated into this Agreement, the Owner and Architect shall incorporate the completed E234 -2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information.) Roger Stevens Owasso Public Works P.O. Box 180 (preferred) 301 W. Zed Avenue (Only if a physical address to our building is needed) Owasso, OK 74055 Intt. AIA Document x133' — 2019. Copyright® 2014, and 2019 by The American Institute or Architects. All rights reserved. The 'American Institute of Architects; 'AIA; the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This documentwas produced by AIA 3 software at 10:43:41 CT on 10/05/2022 under Order No.2114280989 which expires on 0112312023, is notfor resale, is licensed for onetime use only, and may only I be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail copyright@ala.org. Deer Notes: (1332507179) § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information) § 1.1.10 The Owner shall retain the following consultants and contractors: (List naive, legal stants, address, and other contact information) Construction Manager: (The Construction bdanager is identified on the toner page. If a Construction, Manager has not been refahled as ofthe date ofthisAgreement, state the anticipated dale ofretention. Ifthe Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1) TBD .2 Land Surveyor: N/A .3 Geotechnical Engineer: N/A .4 Civil Engineer: Freese and Nichols 3600 NW 1381h Street, Suite 202 Oklahoma City, Oklahoma 73134 .5 Other consultants and contractors: (List an), other consultants and contractors retained by the Owner) Eagle Consultants P.O. Box 335 Vinita, Oklahoma 74301 § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List naive, address, and other contact information.) Wesley Rutledge, RA, LEED AP, Project Manager 110 West 711, Suite 710 Init. AIA Document B133' — 2019. Copyright® 2014, and 2019 by The American Institute or Architects. All rights reserved. The 'American Institute of Architects; 'AIA; the ALA Logo, and 'AIA contract Documente are registered trademarks and may not be used without permission. This document was produced by AIA 4 software at 10:43:41 CT on 10/05/2022 under Order No.21142e0969 which expires on 01123/2023, is nulfor resale, is licensed for one -time use only, and may only I be used In accordance with the AIA Contract Documents®Tenns or Service. To report copyright violations, e-mail copyright @ale.org. User Notes: (1332507179) Tulsa, Oklahoma 74119 918.583.5300 § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact in formation.) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: 360 Engineering 1201 E. 3m St Tulsa, Oklahoma 74120 .2 Mechanical Engineer: Alvine Engineering 1001 W. Wilshire Blvd #102 Oklahoma City, OIC 73116 .3 Electrical Engineer: Alvine Engineering 1001 W. Wilshire Blvd #102 Oklahoma City, OK 73116 § 1.1.12.2 Consultants retained under Supplemental Services: Civil Engineering and Landscape Architecture: Wallace Engineering 123 N M.L.K Jr. Blvd Tulsa, OK 74103 Land Surveying: Geodeca Land Surveying Company 6028 S. 6611 Ave. Tulsa OK 74145 Geotechnical Engineer: Terracon 9522 E 471h Pl. Tulsa, OK 74145 § 1.1.13 Other Initial Information on which the Agreement is based: N/A § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the In1t AIA Document 9133' - 2a1 s. Copyright® 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects; 'AA! the AIA Logo, and -AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 5 software at 10:43:41 CT on 10/05/2022 under Order No.2114280959 which expires on 0112312023, Is not for resale, Is licensed for one -time use only, and may only t be used In accordance with the ALA Contract Documentes Terms of Service. To report copyright violators, e-mail copyright@aia.org. User Notes: (1332507179) Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use ALA Document E203"^ 2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, at- reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203T^t -2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202T^ 2013, Project Building Information Modeling Protocol Porm, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in thejurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5, The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 Insurance. The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to tine types and limits the Architect normally maintains,. the Owner shall pay the Architect as set forth in Section 11.9. § 2.6.1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1,000,000 ) for each occurrence and Two Million Dollars ($2,000,000 ) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than One Million Dollars ($ 1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.6.4 Workers' Compensation at statutory limits. § 2.6.5 Employers' Liability with policy limits not less than One Million. Dollars ($ 1,000,000 ) each accident, One Million Dollars ($ 1,000,000 ) each employee, and One Million Dollars ($ 1,000,000 ) policy limit. Init. AIA Document 8133- - 2019. Copyright® 2014, and 2019 by The American Inalitul§ ofrachilects. All rights reserved. The'Amedcan Institute ofArchllects; 'AIA; the AIA Logo, and -AIA Contract Documents' are registered trademarks and may not be used without permission, This document was produced by AIA B software at 10:43:41 CT on 1010512022 under Order No.2114280969 which expires on 01/2312023, Is not for resale, Is licensed for one -lime use only, and may only / be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail mpydght @ala.org. User Notes: (1332507179) § 1.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than Two Million Dollars ($ 2,000,000 ) per claim and Two Million Dollars ($ $2,000,000 ) in the aggregate. § 2,6.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non - contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 2.6.6 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its set-vices with those services provided by the Owner, the Construction Manager, and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner, the Construction Manager, and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit, for the Construction Manager's review and the Owner's approval, a schedule for the performance of the Architect's services. The schedule shall include design phase milestone dates, as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the Construction Manager's review, for the performance of the Construction Manager's Preconstruction Phase services, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services. The Architect shall review and approve, or take other appropriate action upon, the portion of the Project schedule relating to the performance of the Architect's services. § 3.1.5 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non - conforming work, made or given without the Architect's written approval. § 3.1.6 The Architect shall, in coordination with the Construction Manager, contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required . for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, or the Owner's approval of the Construction Manager's Control Estimate, as applicable, the Architect shall consider the Construction Manager's requests for substitutions and, upon written request of the Construction Manager, provide clarification or interpretations pertaining to the Drawings, Specifications, and other documents submitted by the Init. AIA Document 13133' — zo15. Copyright 02014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Amhilects; 'AIA; the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used wllhoul permission. This document was produced by AIA 7 software at 10:43:41 CT on Ia/05/2022 under Order No.2114250969 which expires an 01/23/2023, is not for resale, Is licensed for one -Urns use only, and may only he used In accordance with the AIA Contract Documents® Tens of Service, To report copyright violations, e-mail copydght@aia.arg. nsar Notes: (1332507179) Architect. The Architect and Construction Manager shall include the Owner in communications related to substitution requests, clarifications, and interpretations. § 3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare, for review by the Owner and Architect, and for the Owner's acceptance or approval, a Guaranteed Maximum Price proposal or Control Estimate. The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate. The Architect's review is not for the purpose of discovering errors, omissions, or inconsistencies; for the assumption of any responsibility for the Construction Manager's proposed means, methods, sequences, techniques, or procedures; or for the verification of any estimates of cost or estimated cost proposals. In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented, the Architect shall promptly notify the Owner and Construction Manager. § 3.2.2 Upon authorization by the Owner, and subject to Section 4.2.1.14, the Architect shall update the Drawings, Specifications, and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3 Schematic Design Phase Services § 3.3.1 The Architect shall review the program, and other information furnished by the Owner and Construction Manager, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.3.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, to the Owner and Construction Manager, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.3.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.3.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1. § 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule, and budget for the Cost of the Work. § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Managerto review the Schematic Design Documents. § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner's approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the [nit. AIA Document B133^ - 2019. Copyright02014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects, 'AIA; the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA $ software at 10:43:41 CT on 10/05/202 2 under Order No.21142a0969 which expires on 01123/2023, Is not for resale, is licensed for one -time use only, and may only 1 be used In accordance with the ALA Contract Documentse Terms of Service. To report copyright Wolations, e-mail copydght@ala.arg. User Notes: (1332507179) Owner's budget for the Cost ofthe Work at the conclusion ofthe Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase. § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by die Construction Manager under the Construction Manager's agreement with the Owner, § 3.4 Design Development Phase Services § 3.4.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall be based upon.information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.4.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Construction Manager's review and the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Construction Manager will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.5.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and Construction Manager in the development and preparation of (1) the Conditions of the Contract for Construction (General, Supplementary and other Conditions) and (2) a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include sample forms. § 3.5.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.5.5 Upon receipt of the Construction Manager's information and estimate at the conclusion ofthe Construction Documents Phase, the Architect shall take action as required under Section 6.7, and request the Owner's approval of the Construction Documents. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201Tm -2017, General Conditions of the Contract for Construction. If the Owner and Construction Manager modify AIA Document A201 -2017, those modifications shall not affect the Architect's Init AIA Document 13133' -2ois. Copyright(t) 2014, and 2019 by The American lnsgluteof Architects. All rights reserved. The'Amedcan Institute of Architects; 'AIA; the AIA Logo, and 'AIA Contract Documents'ars registered trademarks and may not be used without permission. This dominant was produced by AIA g software at 10:43:41 CT on 10/05/2022 under Order No.2114280959 which expires on 0=12023, Is not for resale, Is licensed for one -time use only, and may only f be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright @ala.org. User Notes: (1332507179) services under this Agreement unless the Owner and the Architect amend this Agreement. The term "Contractor" as used in A201 -2017 shall mean the Construction Manager. § 3,6.1.2 Subject to Section 4.2, the Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Owner's approval of the Construction Manager's Control Estimate, or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval. Subject to Section 4.2, and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible fur the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents, The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.2 Evaluations of the Work § 3.6,2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in amanner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager, Subcontractors, suppliers, their agents or employees, or other persons or entities perfuming portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of the Contract Documents an written request of either the Owner or Construction Manager. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201 -2017, the Architect shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed Init. AIA Document B133' -2ota. Copydght® 2014, and 2019 by The American Institute of Archltects.All righlsreserved. The 'American Institute of Architects; 'AIA; the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:43:41 CT on 101O6r1022 under Order No.2114280969 which expires an 01/23/2023. Is not for rasate, is licensed for one-time use only, and may only / be used in accordance with the AIA Contract Documentae Terms of service. To report copyright violations, e-mail copydghl @ala.org. User Notes: (1332507179) to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Construction Manager is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6,3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment, or (4) ascertained ]tow or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Construction Manager's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not forthe purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Construction Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction Manager's design professional, provided the submittals bear such professional's seal and signature when submitted to the Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the ContmetDocuments. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests fo• information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. Init. AIA Document 13133" -tote. Copyright® 2014, and 2019 by The American Institute or Architects. All rightsreserved. The 'American Inatitute of Architects; "AIA; the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by ALA 11 software at 10:43:41 CT on 10105/2022 under Order No.2114260969 which expires on 0112312023, Is not for resale, Is licensed for one -time use only, and may only 1 be used in accordance with the AIA Contract Documents® Terms of service. To report copyright violations, a -mall copydghtaoaie.arg. User Notes: (1332507179) § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Construction Manager; and .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to (1) check conformance of the Work with the requirements of the Contract Documents and (2) verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received fiom the Construction Manager: (1) consent of surely or sureties, if any, to reduction in or parlial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Construction Manager under the Contract Documents. § 3,6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services regfdred for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Inser9 a description of the Supplemental Services in Section 4.1.2 beloly or attach the description afservices as an exhibit to this Agreement.) InIL AIA Document8133'- tots. Copydghtds 2014, and 2019 by The American Institute of Archilects.Al rights reserved. The 'American Institute of Architects; 'AIA; the AIA Logo, and 'AIACOnrrect Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 12 software at 10:43:41 CT on 10/05/2022 under Order No.2114280969 which expires on OM312023, Is not for resale, Is licensed for one-time use only, and may only I be used In accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyrighlealo.org. Doer Notes: (1332507179) Supplemental Services Responsibility Architect, Owner, or not rovided 4.1.1.1 Assistance with Selection of Consh action Manager Owner 4.1.1.2 Programming ArchitecYOwner 4.1.1.3 Multiple Prelimina Designs Architect 4.1.1.4 Measured drawings Architect 4.1.1.5 Existinp facilities surveys Architect 4.1.1.6 Site evaluation and planning Architect 4.1.1.7 Building Information Model management responsibilities NIA § 4.1.1.8 Development of Building Information Models for post construction use NIA 4.11.9 Civil engineering Architect /Owner 4.1.1.10 Landscape design Architect 4.1.1.11 Architectural interior design Architect 4.1.1.12 Value analysis NIA 4.1.1.13 Cost estimating NIA 4.1.1.14 On -site project representation NIA 4.1.1.15 Conformed documents for construction Architect 4.1.1.16 As-designed record drawings N/A 4.1.1.17 As- constructed record drawings NIA 4.1.1.18 Post -occu anc evaluation N/A 4.1.1.19 Facility support services NIA 4.1.1.20 Tenant - related services NIA 4.1.1.21 Architect's coordination of the Owner's consultants Architect / Owner 4.1.1.22 Telecommunications /data design Architect (building infrastructure only) 4.1.1.23 Security evaluation and planning Architect (building infrastructure only) 4.1.1.24 Commissioning NIA 4.1.1.25 Sustainable Project Services pursuaritto Section 4.1.3 NIA 4.1.1.26 Historic p reservation NIA 4.1.1.27 Furniture, furnishings, and equipment desi n N/A 4.1.1.28 Other services provided by specialty Consultants Survey, geotechnical engineering 4.1.1.29 Other Supplemental Services § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. (Describe in detail the Architect's Sirpplenrental Services identified in Section 4.1.1 or, if set forth in an exhibit, iden* the exhibit. The AIA publishes a number of Standard Fornr ofArchilect's Services docranents that can be included as an exhibit to describe theArchilect's Supplemental Services.) Beck Design will provide consulting professionals to provide land survey, geotechnical engineering landscape architecture and civil engineering to supplement the Owner's civil engineering provided under a separate contract. The services include platting and rezoning, paved areas and drives internal to the site, extension of utilities fi-om right of ways grading and stormwater runoff design to detention areas, Required environmental studies, special approvals and permits from entities other than the City of Owasso are not included (for example the United States Army Corps of Engineers, Federal Emergency Management Agency, etc). Wt. AIA Document B133- -2o ta. Copyright 02014, and 2019 by The American Institute of Architects. All rights reserved. The'Amerinn Institute of Architects; 'AIA; the AIALogo , and 'AIAConlractDocuments' we registered trademarks and may not be used without permission. This document was produced by AIA 13 software at 10:43:41 CT on 10105/2022 under Order No.2114280969 which expires an 01123/2023, Is not for resale, Is licensed for one -time use only, and may only I be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@ala.org. User Notes: (1332507179) § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. (Describe in detail the Oipner's Supplentenial Services identified in Section 4.1.1 or, ifset fo/ th in an exhibit, identify the exhibit.) The owner will provide civil engineering to include regional detention, on -site detention design, upstream drainage and a Letter of Map Revision (LOMB) from FEMA and modification of the foodplain. Owner will provide design of regioinal, and on -site detention and obtain all required permits from all other authorites having jurisdiction. § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E234T^ 2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2, § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving [rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work, Guaranteed Maximum Price proposal, or Control Estimate exceeds the Owner's budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes, or equipment; .3 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner- authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; ,8 Preparation for, and attendance at, a public presentation, meeting or hearing; .9 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect; ,12 Services necessitated by replacement of the Construction Manager or conversion of the Construction Manager as constructor project delivery method to an alternative project delivery method; .13 Services necessitated by the Owner's delay in engaging the Construction Manager; .14 Making revisions to the Drawings, Specifications, and other documents resulting from agreed -upon assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control Estimate; and Init AIA Document 13133- -Eat a. Copyright® 2014, and 2019 by The American Institute of Architects. Al rights reserved. The 'Amedcan Institute of Architects; 'AIA.' the AIA Logo. and WA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 14 software at 10:43:41 CT on 10105/2022 under Order No.21142e0969 which expires on 01/23/2023, Is not for resale, Is licensed for one -lime use only, and may only t be used In accordance with the AIA Contract Documents°Terms of Servlos. To report copyright violations, e-mail copyrighl@}ate.arg. Doer Notes: (1332507179) ,15 Making revisions to the Drawings, Specifications, and other documents resulting from substitutions included in the Guaranteed Maximum Price Amendment or Control Estimate. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice: .1 Reviewing a Construction Manager's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Construction Manager's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Construction Manager from a careful study and comparison of the Contract Documents, field conditions, other Owner - provided information, Construction Manager - prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of the Construction Manager's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or .5 Evaluating substitutions proposed by the Owner or Construction Manager and making subsequent revisions to Instruments of Service resulting thereftom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 (2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Construction Manager .2 ( Bi- weekly ) visits to the site by the Architect during construction .3 (1 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 (1 ) inspections for any portion of the Work to determine final completion § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, ConstmctionPhase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within ( 1 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services, duties, and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect and Construction Manager. The Owner and the Architect, in consultation with the Constmetion Manager, shall thereafter agree to a corresponding change in the Project's scope and quality. Init. AIA bacumont B133' -2o1s. Copyright® 2014, and 2019 by The American Institute of Architects. All dghlsreserved. The 'American Institute of Architects; 'AIA; the AIA Logo, and -AIA Contract Documents' am registered hademorks and may not be used wilhoutpermisslon. This document was produced by AIA 15 software at 10:43:41 CT on 10/05/2022 under Order No.2114260969 which expires on 01123/2023, Is not for resale, is licensed for one -lime use only, and may only / be used In accordance with the AIA Contract Document s- Terms of Service. To report copyright violations, e-mail wpydghl @ala.org. User Notes: (1332507179) § 5.3.1 The Owner acknowledges that accelerated, phased or fast -track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Construction Manager to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast -track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours ofthe site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.6 The Owner shall furnish services ofgeotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. § 5.6 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E234Tm -2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. § 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility ofthe Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope ofthe Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.10 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.11 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.13 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.14 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement. The Owner shall provide Init. AIA Document B133- -tats. Copyright® 2014, and 2019 by The American Institute of Architects. All righisreserved. The 'Amerleen Institute or Architects.' 'AIA." the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 16 software at 10:43:41 CT on 10/05/2022 under Order No.2114280969 which expires on 01/2312023, is not for resale. Is licensed for one -time use only, and may only 1 be used In accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, a -mall mpyrighl @ala.org. User Notes: (1332507179) the Architect a copy of the executed agreement between the Owner and Construction Manager, including the General Conditions of the Contract for Construction. § 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress § 5.16 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager's genera) conditions costs, overhead, and profit. The Cost ofthe Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the compensation of the Construction Manage for Preconstruction Phase services; the costs of the land, rights -of -way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information, and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates. § GA If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 In consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation, shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates, the Guaranteed Maximum Price proposal, or Control Estimate that exceed the Owner's budget Init. AIA Document 8133• - 2015. CopyrightQ2014, and 2018 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects; 'AIA; the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission . This document was produced by AIA 17 software at 10:43:41 CT on 10/0512022 under Order No.2114280969 which expires an 01/2312023, Is not for resale, is licensed for one-time use only, and may anly be used In accordance with the AIA Contract Dawmentse Terms of Service. To report copyright violations, e-mall copyrigh(@ala.mg. User Notes: (1332507179) for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due, pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Construction Manager, Subcontractors, Sub - subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultattt(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work, The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201 -2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, consultants, agents and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Init. AIA Document 8133' —lots. Copyright® 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects; 'AIA," the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 18 software at 10:43:41 CT on 10/05/2022 under Order No.2114280969 whtch expires on 01/2312023, Is not for resale, Is licensed for one -tlms use only, and may only I he used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail mpyright@ala.org. User Notes: (1332507179) Architect, its employees and its consultants in the performance of professional services under this Agreement. The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend. The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 8.1.4 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out ofthe Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrators) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's The and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 if the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate hax.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ ] Litigation in a court of competent jurisdiction [ X ] Other: (Specify) Mediation Ifthe Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method otherthatr litigation, the dispute will be resolved in a court of competentjurisdiction. § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, Init. AIA Document 8133' -3015. Copyright ®2014, and 2019 by The American Institute ofArchitectsAl rights reserved. The'Amedcan lnsWuie of Architects; 'AIA; the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 19 software at 10:43:41 CT on 10/05/2022 under Order No,2114290969 which expires on 01123/203, 2 Is not for resale, Is licensed for one -time use only, and may only 1 be used In accordance with the AIA Contract Documents° Terms of service. To report copyright violations ,°mall copyright@ala.org. User Notes: (1332507179) receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8,3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the at employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to bejoined consents in writing to such joinder. Consent to arbitration involving an additional person . or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. InIA AIA Document B133- - zof e. Copyright® 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Insglute ofAlchitects,- -AIA; the AlA Logo, and 'AIA Contract Documents* era registered trademarks and may not be used without permission. This Document was produced by AIA 20 software at 10:43:41 CT on 10/05/2022 under Order N0.2114280969 which expires on 01/2312023, Is not for resale, Is licensed for one -flme use only, and may only I be used in accordance with the AIA Contract Documents® Terms of aervlce. To report copyright violation, e-mail wpyrighl@ala.org. User Notes: (1332507179) § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Sef forth below the amount ofany lerndnalion or licensingfee, or the ntefhodfor determining any fernlination a• licensingfee.) .1 Termination Fee: TBD .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: fM- 9 § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year fiom Ore date of Substantial Completion. § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be. governed by the law of the place where the Project is located, excluding tllatjurisdiction's choice of law rules. If the patties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 -2017, General Conditions ofthe Contract for Construction, except as modified in this Agreement. The term "Contractor" as used in A201 -2017 shall mean the Construction Manager. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10,5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. [nit. AIA Document 6133' - 2015. Copyright02014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects; 'AIA; the ALA Logo, and *AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 21 software at 10:43:41 CT on 10/05/2022 under Order No.2114260959 which expires on 0112312023, Is not for resale, Is licensed for one -time use only, and may only / be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyrighl@lala.org. User Notes: (1332607179) § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary,' the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governments] entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the patties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) See Payment Schedule in "Exhibit All .2 Percentage Basis (Insert percentage value) See Payment Schedule in "Exhibit AO% of tire Owner's budget for the Cost of the Work, ascalculated in accordance with Section 11.6. .3 Other (Describe the method ofconupensatian) § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3,. the Owner shall compensate the Architect as follows: (Insert amount of or basisfo; compensation. Ifnecessaiy, list specific sevices to which particular methods of con pensation apply.) See Payment Schedule in "Exhibit A § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) See Payment Schedule in "Exhibit A § 11,4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent( %), or as follows: (Insert amount of or basisfor conputing, Architect's consultants' compensation for Supplemental or Additional Services) See Payment Schedule in "Exhibit A Wt. AIA Document 9133' -2ol9. Copydghl® 2014, and 2019 by The American lnsilluteaf Archhecls. All dghtsreserved. The 'American Institute of Architects; 'AIA,' the AIA Logo, and "AIA Conlract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 22 software at 10:43:41 CT on 10/05/2022 under Order No.2114280969 which expires an 0112312023, Is not for resale, Is licensed far one -time use only, and may only I be used In accordance with the AIA Contract Documents® Tens or Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (13325(Y7179) § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: See Payment Schedule in "Exhibit A Schematic Design Phase percent ( ON Design Development Phase percent ( ON Construction Documents Phase percent ( a /a). Construction Phase percent ( ON Total Basic Compensation one hundred percent ( 100 %) The Owner acknowledges that with an accelerated Project delivery, multiple bid package process, or Construction Manager as constructor project delivery method, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent Updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (lfapplicable, attach an exhibit ofhourly billing rates or insert them belalp.) Employee or Category Rate ($0.00) Architect — Principal $195/hr Architect — Senior Project manager 145/hr Architect— Project staff $135/br Architect — Staff $170 /hr Landscape Architect— Principal $150 1hr Landscape Architect— $2201hr Engineer— Principal $165/hr Engineer — Project Manager $140 /hr Engineer - Staff § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows; .1 Transportation and authorized out -of -town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; ,5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock -ups, professional photography, and presentation materials requested by the Owner or required for the Project; [nit. AIA Documont 8133- - 2019. Copydghl® 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects; 'AIA; the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 23 software at 10:43:41 CT on 10/0512022 under Order No.2114 28 0 9 8 9 which expires an 01/23/2023, Is not for resale, is licensed for one -lime use only, and may only I be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copydghtgala.org. User Notes: (1332507179) ,8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and .12 Other similar Project- related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Ten percent( 10 %) of the expenses incurred. § 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2.6 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages asset forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.6, and for which the Owner shall reimburse the Architect.) § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of N/A ($ N/A ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of N/A ($ N/A ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation o£the Architect's invoice. Amounts unpaid (30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) % § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty m liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11,10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Inchide other terms and conditions applicable to this Agreement.) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. hill. AIA DocumenL0133-- 2ote. Copyright02014, and 2019 by The American Institute of Architects. All riginsmserved. The 'Amedwn Institute of Architects; 'AIA.' the AIA Logo, and -AIA Contract Documents' are registered Iademaft and may not to used without percussion. This document was produced by AIA 24 software at 10:43:41 CT on 10/0512022 under Order No.2114280969 which expires on 01/2312023. Is not for resale, Is licensed for one -time use only and may only t be used in accordance with the AIA Contract Documentss Terms of Service. To report copyright violations, e-mail copydght@ale.org. User Notes: (1332507179) § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document BI33TSL2019, Standard Form Agreement Between Owner and Architect, Construction Manager as Constructor Edition .2 ATA Document E203teL2013,.Building Information Modeling and Digital Data Exhibit, dated as indicated below, if completed, or the following: (Inserl the date of the E203 -2013 incorporated into this agreement) .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [ ] AIA Document E234T"L-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition dated as indicated below. (Insert the date of the E234 -2019 incorporated into this agreement.) [ X ] Other Exhibits incorporated into this Agreement: (Clearb identify any other exhibits incorporated into this Agreement, including any exhibits and scopes ofselvices identified as exhibits in Section 4.1.1) Exhibit "A" attached A Other documents: (List other docianents, if any, farming pa t ofthe Agreement) This Agreement entered into as of the day and year first written above. OWNER (Signature) ARCHITECT (Signature) (Printed name and title) (printed name, title, and license lnfl Init. AIA Document 8133' - 2019. Copyright® 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Insti ute of Architects; WA," the ALA Logo, and 'AIAConvacl Documents are registered trademarks and may not be used without permission. Thisdomment was produced by AIA 2$ software at 10:43:41 CT on 10/05/2022 under Order No.2114290969 which expires on 01123/2023. Is not for resale, Is licensed for one -lime use only, and may only I be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations. e-mail copyrighi@aia.org. User Notes: (1332507179) Additions and Deletions Report for AIA® Document B 933" — 2019 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete It, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for infomlalion purposes only and is not Incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and Its associated document were generated simultaneously by AIA software at 10:43:41 CT an 10/0512022. PAGE AGREEMENT made as of the Eighteenth day of October in the year Two Thousand Twenty Two. City of Owasso P.O. Box 180 (preferred) 301 W 2e1 Avenue (Only if a physical address to our building is needed) Owasso. OK 74055 A=, Roger Stevens Owasso Public Works Beck Associates Architects. PLLC 110 West 701. Suite 710 Tulsa OK 74119 Owasso Public Works Office and N north. N 97th E Ave(Mingo Rd) alon south. The land area is approximate storage buildings will be designed of provided A portion of the civil eng separate contract To be determined PAGE2 Broad -based programming established as described in Exhibit A Additions and Deletions Report for AIA Document 8133' - 2019. Copydght® 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Amhitacls; 'AIA,'the AIA Logo, and 'AIA Contract Documents' are reglstered trademarks and may not be used", eut permission. This 1 document was produced by AIA software at 10:43:41 CT on 10105/2022 under Order No.2114280969 which expires an 0112312023, is not for resale, Is licensed for one4me use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail mpydghl ®ala.org. 1332507179) User Notes: ( equipment circulation Access roads from Mingo and 116th ST N will be included in the design. PAGE Total Proiectbudget: $11.000.000 N/A Roger Stevens Owasso Public Works P.O. Box 180 (preferred) 301 W. Zed Avenue (Only if a physical address to our building is needed) Owasso OIC 74055 PAGE 4 TBD Additions and Deletions Report for AIA Document 8133' - 2o15. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Archilects; 'AIA; the AIA Logo, and "AIA Contract Decumeme are registered trademarks and may not be used wllhoul permisslon. This 2 document was produced by AIA software at 10:43:41 CT on 10/0512022 under Order No.2114260909 which expires on 0112312023, Is not for resale, Is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documentso Terms of Service. To report copyright violations, e-mall copyright @aia.era. User Notes: (1332507179) Freese and Nichols 3600 NW 138i11 Street, Suite 202 Oklahoma City, Oklahoma 73134 Eaele Consultants P.O. Box 335 Vinita. Oklahoma 74301 Wesley Rutledge. RA. LEED AP, Project Manager 110 West 711. Suite 710 Tulsa, Oklahoma 74119 918.583.5300 PAGE 360 Engineering 1201 E. 3b St Tulsa, Oklahoma 74120 Alvine Engineering 1001 W. Wilshire Blvd #102 Oklahoma City, OK 73116 Alvine Engineering 1001 W. Wilshire Blvd #102 Oklahoma City, OK 73116 Civil Engineering and Landscape Architecture: Wallace Engineering 123 N M.L.K Sr. Blvd Tulsa, OK 74103 Land Surveying: Geodeca Land Surveying Company 6028 S. 661h Ave. Tulsa OK 74145 Geotechnical Engineer: Terracon 9522 E 4711 P1. Tulsa, OK 74145 N/A PAGE Additions and Deletions Report for ALA Document 8133' — zot s. Copydghl ® 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects,' 'ALA." the AIA Logo. and 'AIAConlracl Documents' are registered lmdemarks and may not be used without permission. This 3 document was produced by AIA software at 10:43:41 CT on 10105/2022 under Order No.21l4280969 which expires on 01123/2023, is not for resale, Is licensed far one -time use only, and may only be used in accordance with the ALA Contract Documenlso Terms of Service. To report copyright violations, e-mall copyrighl@ala,org. User Notes: (1332507179) § 2.6.1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1.000.000 ) for each occurrence and Two Million Dollars ($ 2.000.000 ) in the aggregate for bodily injury and property damage. § 2.6,2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than One Million Dollars ($ 1.000.000 1 per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.6.5 Employers' Liability with policy limits not less than One Million Dollars ($ 1.000,000 ) each accident, One Million Dollars ($ 1.000.000 1 each employee, and One Million Dollars ($ 1. 000.000 J policy limit. § 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than Two Million Dollars ($ 2.000.000 1 per claim and Two Million Dollars ($ $2.000.000 1 in the aggregate. PAGE 13 4.1.1.1 Assistance with Selection of Construction Manager Owner 4.1.1.2 Programming ArchitecVOwner 4.1.1.3 Multiple Preliminar Designs Architect 4.1.1.4 Measured drawings Architect 4.1.1.5 Existing facilities surveys Architect 4.1.1.6 Site evaluation and planning Architect 4.1.1.7 Building Information Model management responsibilities 1161 § 4.1.1.8 Development of Building Information Models for post construction use NIA 4.1.1.9 Civil engineering Architect /Owner 4.1.1.10 Landscape design Architect 4.1.1.11 Architectural interior design Architect 4.1.1.12 Value analysis N/A 4.1.1.13 Cost estimating N/A 4.1.1.14 On -site project representation NIA 4.1,1.15 Conformed documents for construction Archltect 4.1,1,16 As-designed record drawings N/A 4.1.1.17 As- constructed record drawings N/A 4.1.1.18 Post-occupancy evaluation N/A 4,1.1.19 Facility support services N/A 4.1.1.20 Tenant - related services NIA 4.1.1.21 Architect's coordination of the Owner's consultants Architect I Owner 4.1.1.22 Telecommunications /data design Architect (building infrastructure only) 4.1.1.23 Security evaluation and planning Architect (building infrastructure only) 4.1A.24 Commissioning N/A 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 N/A 41.1.26 Historic reservation NIA 4:1 .127 Furniture furnishin s, and equipment desi n N A 4.1.1.28 Other services provided by specialty Consultants Survey, geotechnlcal englneering Additions and Deletions Report for AR Document B133" - z 19. Copydght 02014, and 2019 by The American Institute of Amhltecls. All rights reserved. The "American Institute ofArchitecls; "AIA; the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 4 document was produced by AIA sofhvare at 10:43:41 CT on 10105/2022 under Order No.2114 28 0 9 6 9 which expires on 0112312023, Is not for resale, la licensed for one -t me use only, and may only be used in accordance with the ALA Contract Documents® Terms of Service. To report copyright violations, e-mail wpyrighl ®aia,org, User Notes: (1332507179) Engineers, Federal Emergency Management Agency, etc). PAGE 14 The owner will Provide civil engineering to include regional detention, on -site detention design. upstream drainage and a Letter of Map Revision (LOMB) from FEMA and modification of the floodPlain Owner will provide design of regioitial, and on -site detention and obtain all required permits from all other authorites having jurisdiction PAGE 15 .1 ( L) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Construction Manager .2 ( Bi -week! y visits to the site by the Architect during construction .3 (1.) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 ( )j inspections for any portion of the Work to determine final completion § 4.2.51f the services covered by this Agreement have not been completed within ( j—) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. PAGE 19 [ 2U Other: (Specify) Mediation PAGE 21 TBD TBD PAGE 22 See Payment Schedule in "Exhibit A" See Payment Schedule in "Exhibit A ( ) % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11.6. See Payment Schedule in "Exhibit A See Payment Schedule in 'Exhibit A Additions and Deletions Report for AIA Document B133- - 201 9. Capydght ® 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects,' 'AIA," the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This 5 document was produced by AIA software at 10:43:41 CT on 10/05/2022 under Order No.2114290969 which expires an 01/2312023, Is not for resale, Is licensed for one -lime use only, and may only be used In accordance with the AIA Contract Documents® Terms of service. To report copyright violations, a -mall copydght@ala.org. User Notes: (1332507179) See Payment Schedule in "Exhibit A PAGE 23 See Payment Schedule in "Exhibit A Architect — Principal 195 /hr Architect — Senior Project manager 145/hr Architect — Proiect staff 135 /hr Architect — Staff S 170/hr Landscape Architect— Principal 1501hr Landscape Architect — 220 /hr Engineer— Principal S 165 /hr Engineer— Proiect Manager 140 /hr Engineer - Staff PAGE24 § 11.82 PorReimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Teercent ( 10 %) of the expenses incurred. § 11.10.1.1 An initial payment ofN /A ($ N/ A) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of N/A ($ N/A ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid (30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. PAGE 25 [ X I Other Exhibits incorporated into this Agreement: Exhibit "A" attached Additions and Deletions Report for AIA Document 8133' -a tie. Copyright® 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects; 'AIA; the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used vdthout permission. This 6 documentwes produced by AIA software at 10:43:41 CT on 10/0512022 under Order No.2114280969 which expires on 01123/2023, Is not for resale. Is licensed for one -time use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.mrg. User Notes: (1332507179) Certification of Documents Authenticity AIA® Document D401- — 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:43:41 CT on 10/0512022 under Order No. 2114280969 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B 133Tht -2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Dated) AIA Document D401- - 2003. Copyright ®1992 and 2003 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects; "AIA; the AIA Logo, and "AIAConlract Documents' are registered trademarks and may not be used withoutpermission . This document was produced by AIA software at 10:43:41 CT on 10/05/2022 under Order No.2114290969 which expires on 01123/2023, Is not for resale, is licensed for one4ime use only, and may only he used in accordance with the AIA Contract Documents® Terms of service. To report copyright violations, e-mail wpyrighl@ais.org. User Notes: (1332507179) beck D E S I G N NEW YORK 304 Pa,k Avenue South, 7" Floor N. Y4,k, New Yo,k 10010 917.522.1703 OKLAHOMA CITY 131 Dee" A Mc .., Suite 135 Oklahoma City, OWat ama 73102 405.232.7007 TULSA 110 West 7N Seoul. Suite 710 Tulsa, OWehoma 74119 91B,563.5300 EXHIBIT "A" October 18, 2022 Roger Stevens, Public Works Director, City of Owasso 301 West 2nd Avenue Owasso, Oklahoma 74055 RE: Proposal to provide architectural services for new Public Works Maintenance Facility. PROJECT UNDERSTANDING Beck will work with the City of Owasso and the assigned Construction Manager to develop portions of the land at the southeast corner N. 97'1 E. Avenue and 1161 St. N, an approximately 63 acre site. The Beck team along with the City of Owasso representatives will design approximately 16,000 SF Public Works office space, approximately 18,000 SF of fleet maintenance and field offices, And an approximately 14,000 SF Field Operations Building. In additions around 20,000SF of unconditioned, covered or enclosed storage for salt, sand, gravel and equipment will be provided. The surrounding site will be lay area for materials and equipment. Parking for staff and visitors will be provided and access drives planned for ease of equipment circulation. Access roads from Mingo and 1161h ST N will be included in the design Beck Design will obtain the property survey and geotechnical report; the costs of each are included within this proposal. Services performed will be consistent with AIA Contract B101 -2017 SCOPE OF SERVICES • Basic Services: Architectural Services, Structural Engineering, Mechanical, Electrical, Plumbing, Fire Protection Engineering • Landscape Architecture • Site Survey • Geotechnical Services • Civil Engineering • Fixtures Furniture and Equipment selection Programming and Site Master Planning (2 weeks) Beck will have an initial meeting with the City to define the project program and parameters, develop schematic floor plan, site plan, and exterior renderings for the Public Works and Maintenance Facility for review and approval. Beck will work with the Design Team, CMAR and the City representatives to develop a preliminary design strategy for the entire property, including general-building locations, vehicular circulation, street access, utilities and drainage. Schematic Design (7 weeks) Beck will have an initial meeting with the City to define the project program and parameters, develop schematic floor plan, site plan, and exterior renderings for the Public Works Maintenance Facility for review and approval beck D E S I ON NEW YORK 304 Park AVenne SOem, 7" Floor New York, New York 10010 917.522.1703 OKLAHOMACITY 131 Dean A. McGee, SNIe 135 Oklahoma City, Oklahoma 73102 405.232.7007 TULSA 110 Wos171n SVeel, Su➢e 710 Tulsa, Mahoma 74119 910.503.5300 EXHIBIT 11 11 Design Development (9 weeks) Beck will work to refine the schematic design and finalize the building floor plan, site plan interior and exterior design, material selections. Beck will meet with the City at the 50% completion mark of this phase and at the 95% mark to present the design and finishes. Beck will confirm final design decisions with the City prior to beginning the Construction Document Phase. Construction Documents (20 weeks) With the final design approval from the City, Architect will generate construction documents for bidding. Construction Documents will include the following: • Civil Engineering drawings • Architectural drawings • Structural drawings • Mechanical, Electrical, Plumbing Drawings • Fire Protection Drawings for general scoping only. Final Fire Protection Design is delegated to the successful bidder • IT /COMM /Data /Security infrastructure drawings. Locations for devices will be indicated as coordinated with the City. All end -use • Building Sections • Miscellaneous Details The Architect will facilitate a 50% and 95% Construction Document review with the Owner and CMAR and make adjustments to the documents accordingly. Bidding I Permitting (3 weeks) The Architect shall assist the Owner with submitting drawings to governmental authorities having jurisdiction over the Project. Architect will answer requests for clarification from bidders and issue addenda as required. Additional Bidding or Permitting Services will be available as required and requested by the Owner at current hourly rates. Construction Administration (14 months assumed) Architect will attend Owner /Architect/Contractor meetings every two weeks. Architect will review contractor submittals, answer requests for information and review pay applications for the owner's approval. Fourteen (14) month construction duration expected ASSUMPTIONS The Owner will provide the following information: • Project Budget • Contact information for the Public Works design team • Test for hazardous materials as required. The Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous material or toxic substances in any form at the Project site. beck D E S 1 G N NEW YORK 304 Park Avenue South, 7" Floor New Ymk, New Yo,k 1 W 70 917.522.1703 OKLAHOMACITY 131 Dean A. McGeo, SNta 135 Oklahoma City, Oklahoma 73102 405.232.7007 TULSA 110 West 70 Skeet, Suite 710 Tulsa, Oklahoma 74119 918.583.5300 EXHIBIT 11 A" EXCLUSIONS • Procurement Services • LEED Documentation • Commissioning of Systems • Value Engineering • Bidding I Permitting and Construction Administration Services other than those listed above DELIVERABLES Contract Documents (Drawings and Specifications) (1) pdf signed and sealed set A hard copy set is available upon request for any deliverable. SCHEDULE AND COMPENSATION > ,�thA il, <oY:1It,.1�I,J.i )ll Isu`,41,1'tc, I, 51d Basic Services: $632,000 Architectural, Structural, Mechanical, Electrical Plumbing, IT 2 weeks Infrastructure, Fire Protection Engineering 2% Additional Services: $143,550 Civil Engineering, Geotechnical Report, Landscape Architecture, 15% Survey 9 weeks Reimbursable Expenses. (Estimated) Travel, lodging, printing, etc $12,000 Fixtures Furniture and Equipment Selection Services $24,000 TOTAL $811,550.00 f91..1d =.,lulttln[ -11 =' Programming 2 weeks $14,590.00 2% Schematic Design Includes Geotech and survey) 7 weeks $154,975.00 15% Design Development 9 weeks $145,900.00 20% Construction Documents 20 weeks $277,210.00 38% Bidding 3 weeks $36,475.00 5% Construction Administration 14 months $169,900.00 20% (includes FFE) Reimbursable Expenses. (Estimated) Travel, lodging, printing, etc As required $12,000 TOTAL $811,050.00 beck D E S I G N NEW YORK 304 Pmk Avenue South, 7" Fl= No York, New Yark10010 917.522.1703 OKLAHOMA CITY 131 Dean A. McGee, Suite 135 Oklahoma City, Oklahoma 73102 405.232.7007 TULSA 110 West 7N Street, Sidle 710 Tulsa, Oklahoma 74119 910.5835300 EXHIBIT /IA 11 Additional Services If Additional Services beyond the stated scope become necessary and a scope of work can be clearly defined, a fixed fee will be submitted for approval. In the event a scope of work is undefined, following Owner approval, the work will be invoiced on an hourly basis. Reimbursable Expenses Reimbursable expenses incurred by Beck Design and our consultants will be billed at a multiple of 1.10 times the expense and will include the following: • Transportation to the project site and authorized out -of -town travel in connection with the Project. • Expense of reproductions, plots, courier and shipping fees, handling and delivery of Instruments of Service. • Models, mock -ups, professional photography, and presentation materials prepared for and requested by the Owner. • Fees paid for securing approval of Authorities Having Jurisdiction over the Project. Completed services will be billed monthly and are due and payable within 30 days of invoice date. If the above is acceptable please sign and date below for commencement of services. We look forward to working with the City of Owasso on this project. Thank you for the opportunity. If you have any questions, please contact me. Sincerely, A LF��- Wesley Rutledge, RA, LEED AP I Beck Design. TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Chris Garrett Assistant City Manager SUBJECT: Owasso Redbud District and Increment District No. 1 Development and Financing Agreement DATE: October 14, 2022 BACKGROUND: In December 2016, the OPWA created the Tax Increment Financing (TIF) District in the downtown Owasso Redbud District area. On April 4, 2017, the OPWA adopted a Policy Guide for the processing of TIF Assistance in Development Financing applications. The Policy Guide includes the process for application and approval of Development Project Assistance. A developer seeking assistance submits an application to the Application Review Committee. The Committee reviews the application for compatibility with the Project Plan and the Downtown Overlay District Plan, evaluates the qualifications of the applicant, and recommends appropriate performance parameters and requirements. Upon recommendation by the Committee, the development agreement is presented to the OPWA for consideration and approval. APPLICATION: As part of the Economic Development contract, the Owasso Chamber of Commerce facilitates TIF application submittals. On September 28, 2022, Ms. Feary (Chamber President and CEO) presented an application from Jared Britton and Tony Tyner, for development assistance on the project known as New Age Homes, LLC; located on 414 S Birch. The project appears to meet the criteria set forth in the adopted TIF Project Plan and also to meet the requirements set forth in the adopted Owasso Redbud District and Increment District No. 1 Policy Guide. As established by the Project Plan and Policy Guide, the applicant would be eligible to receive reimbursement of 12% of Hard Construction Costs. The application anticipates construction costs of $590,000.00, which would result in a reimbursement not to exceed $70,800.00 to New Age Homes, LLC. The contract further outlines obligations of the City and the developer as required in approved TIF documents. REVIEW COMMITTEE RECOMMENDATION: During the October 3, 2022 meeting, the Review Committee met and voted unanimously to recommend approval to the OPWA, finding that the project is eligible to receive TIF assistance. The application and supporting materials were sent to the Centerfor Economic Development Law (CEDL), the firm that represents the City of Owasso on issues involving the Tax Increment District. CEDL returned the attached contract for consideration. ATTACHMENTS: Correspondence from Owasso Chamber of Commerce dated September 28, 2022 Development and Financing Agreement with New Age Homes, LLC OWASSO CHAMBER OF COMMERCE To: City of Owasso TIF Application Review Committee From: Chelsea L. Feary, IOM, CEcD, MPA President /CEO - Owasso Chamber of Commerce Subject: New Age Homes, LLC Development Project Assistance Application Date: Wednesday, September 28, 2022 BACKGROUND In April 2022, Jared Britton and Tony Tyner, owner of New Age Homes, LLC visited with me about the application process for Development Assistance Financing in Owasso's TIF District No. 1. The developers were planning the construction of some quadplexes, multifamily complexes in the Redbud District. Following our conversation, I advised the developers they were eligible for Development Project Assistance based on the design and density standards as adopted by the City of Owasso in the Downtown Overlay District Plan. Mr. Britton has submitted an application for Development Project Assistance for a quadplex constructed at 414 S Birch. This is a 4,092 square foot, two -story residential development. The project is in the beginning of the planning phase and was reviewed by the City of Owasso Technical Advisory Committee on Wednesday, September 21, 2022. The total Project Costs are $703,637 and include: • Construction costs: $590,000 • Architectural and Engineering Fees: $17,137 • Other Professional Fees: $6,500 The Proposed Sources of Funds are • Permanent Financing: American Bank of Oklahoma • Equity: 20% • Public Funds: None Mr. Britton has provided a copy of the plat and concept rendering. He has also provided financial documentation in the form of a Balance Sheet from New Age Homes, LLC. RECOMMENDATION: The quadplex by New Age Homes, LLC to be constructed at 414 S Birch in Owasso, OK meets the objectives in the Owasso Redbud District Project Plan Increment District No. 1 and is being recommended to the City of Owasso TIF Application Review Committee for review and approval to move forward the Owasso City Council. DEVELOPMENT AND FINANCING AGREEMENT BY AND BETWEEN THE OWASSO PUBLIC WORKS AUTHORITY AND NEW AGE HOMES, LLC October , 2022 DEVELOPMENT AND FINANCING AGREEMENT BY AND BETWEEN THE OWASSO PUBLIC WORKS AUTHORITY AND NEW AGE HOMES, LLC THIS DEVELOPMENT AND FINANCING AGREEMENT ( "Agreement ") is made on or as of this day of October, 2022, by and between the Owasso Public Works Authority, an Oklahoma public trust ( "Authority "), and New Age Homes, LLC ( "Developer "). WITNESSETH: WHEREAS, the Authority was created by a Trust Indenture, dated as of the 10 day of January, 1973, as a public trust for the use and benefit of the City of Owasso, Oklahoma ( "City "), pursuant to the provisions of 60 O.S. §176, et seq., as amended and supplemented, and other applicable statues of the State of Oklahoma; and WHEREAS, the City, acting through its City Council, has adopted a resolution accepting the beneficial interest of the Authority on behalf of the City; and WHEREAS, the purposes of the Authority are, in part, to promote development within and without the territorial limits of the City and to help provide facilities and activities which will benefit and strengthen the economy of the City and the State of Oklahoma; and WHEREAS, in order to accomplish its designated purposes, the Authority is empowered to provide funds for the costs of acquiring, constructing, installing, equipping, repairing, remodeling, improving, extending, enlarging, maintaining, operating, administering, and disposing of or otherwise dealing with any properties and facilities; and WHEREAS, the City has approved the Owasso Redbud District Project Plan ( "Project Plan ") by Ordinance 1093, dated December 20, 2016, creating Increment District No. 1, the City of Owasso an ad valorem and sales tax increment district ( "Increment District'), pursuant to the Oklahoma Local Development Act, 62 O.S. §850, et seq.; and WHEREAS, the Project Plan envisions the development of the area surrounding Main Street, known as the Redbud District, into a unique place to live, work, shop, and play; and WHEREAS, the Project Plan authorizes the Authority to carry out implementation actions in accordance with development agreements and financing approvals; and WHEREAS, the Developer, consistent with the Project Plan, proposes a fourplex apartment building containing approximately 4,092 square feet of residential space and associated parking, access, and necessary public improvements ( "Project'); and WHEREAS, the Developer owns real property, described and depicted on Exhibit 1, attached hereto ( "Project Site "), which lies within the Project Area and Increment District, as defined in the Project Plan, and proposes to construct and develop the Project on the Project Site; and WHEREAS, the development objectives of the City and the Authority for the enhancement of the Redbud District will be advanced by the Project; and WHEREAS, the parties wish to set forth the manner in which the Project is to be undertaken and implemented; and WHEREAS, the parties deem it appropriate to approve and execute this Agreement, which provides for the implementation of the Project consistent with the Project Plan, and the Authority determines that approval is in the best interests of the City, and the health, safety, and welfare of the City and its residents. IN CONSIDERATION of the mutual covenants and agreements contained herein, the Authority and the Developer hereby agree as follows: ARTICLE I SUBJECT OF AGREEMENT SECTION 1.01 Scope of Agreement A. The Developer hereby agrees, subject to the terms and conditions hereinafter provided, to cause the design, construction, and completion, in the time period hereinafter described, of the Project on the Project Site substantially in accordance with plans to be approved consistent with this Agreement; and B. The Authority hereby agrees, subject to the terms and conditions hereinafter provided, to provide to the Developer up to $70,800.00, limited to 90% of the ad valorem increment revenues apportioned and actually received by the Authority under the Project Plan that are generated by the Project, as provided under Section 4.02, for the development of the Project in the manner provided in this Agreement, to be utilized exclusively for the payment of Project Costs as hereinafter described. SECTION 1.01 Scope of Development. The Project represents private investment of at least $700,000.00. The Project is a residential fourplex development in the southern portion of the Redbud District. The Project will consist of a 4,092 square foot, two -story residential building and associated parking and public improvements, and may stimulate additional private development in that area, providing a public benefit to the City. SECTION 1.02 Relationship of the Parties. The implementation of this Agreement is a complex process which will require the mutual agreement of the parties and their timely actions on matters appropriate or necessary to implementation. The parties further agree to consider and enter into such amendments as are reasonably necessary and appropriate to clarify, refine, or reinforce the commitments made herein or to adjust or modify them in light of changes in market conditions. The parties hereto shall use their best efforts in good faith to perform and to assist others in performing their respective obligations in accordance with this Agreement. This Agreement specifically does not create any partnership or joint venture between the parties hereto, or render any party liable for any of the debts or obligations of any other party. ARTICLE II AUTHORITY OBLIGATIONS SECTION 2.01 Project Plan. The Authority shall support the Project in accordance with the Project Plan and this Agreement. SECTION 2.02 Certificate of Completion. Within 30 days after the Developer has completed the construction of the Project, the Authority shall furnish to the Developer a Certificate of Completion, certifying that the Developer has met its construction and development obligations contained in this Agreement. SECTION 2.03 Public Assistance. As authorized by the Project Plan and subject to the terms, conditions, and limitations contained herein, the Authority shall provide assistance in development financing to the Developer in an amount up to $70,800.00. Such assistance is to support construction of the Project. ARTICLE III DEVELOPER OBLIGATIONS SECTION 3.01 Design Documents. The Developer shall provide to the City the Development Plans and Specifications for the Project no later than the time for submission of such plans for building permits. The Community Development Department shall review the plans to confirm that the project meets the City's development objectives as reflected in this Agreement and complies with the Project description. SECTION 3.02 Development Obligations. Developer shall cause the Project to be constructed on the Project Site, at no expense to the City or the Authority. The Project must be constructed in accordance with the Development Plans and Specifications approved by the City. The Developer shall secure or cause the appropriate parties to secure all governmental approvals in connection with (a) the construction, completion, and occupancy of the Project; and (b) the development and operation of the Project, including, without limitation, zoning, building code, and environmental laws. The Project shall include the following: A. Fourplex residential development, consisting of a two -story building of approximately 4,092 square feet of residential space; B. Dedicating parking for the residential units; and C. Infrastructure improvements to serve the Project. SECTION 3.03 Design Documents. Consistent with Section 5.02 of this Agreement, the Developer shall provide to the City Development Plans and Specifications for the Project. Such Development Plans and Specifications shall be simultaneously submitted to the Community Development Department for review and comment. ARTICLE IV ASSISTANCE IN DEVELOPMENT FINANCING SECTION 4.01 Generally. The Project Plan authorizes Project Costs, including assistance in development financing. Such assistance is to support the Project, including the construction of public improvements benefitting the Project. SECTION 4.02 Payment Obligations. Beginning on the first day of the third quarter of year following completion of the Project, as indicated by issuance of the Certificate of Completion, the Authority shall provide the Developer assistance in development financing in the form of direct annual payments to the Developer of 90% of collected and apportioned ad valorem increment revenues generated by the Project, net of administrative costs and expenses authorized by the Project Plan. Such payment obligation shall be payable solely from apportioned tax increment revenues collected from the Increment District. Such payment obligation is conditioned upon the Developer's payment of taxes on the Project Site and upon an increase in taxable value of the Project Site. Such payment obligation shall not exceed $70,800.00. The payments of assistance in development financing shall continue until the occurrence of the first of the following events: (A) $70,800.00 is paid, (B) December 31, 2039, or (C) the Increment District ends and all apportioned increment has been expended. SECTION 4.03 Intentionally Omitted. SECTION 4.04 Additional Conditions and Terms of Assistance in Development Financing. Notwithstanding anything to the contrary contained herein, under no circumstances shall the Developer be entitled to any payments of assistance in development financing if the Project has not been completed or if the Developer is in default under this Agreement. All payments are subject to availability of increment. SECTION 4.05 Limitations on Assistance in Development Financing Obligations. Notwithstanding anything to the contrary contained herein, in no event shall the total amount of assistance in development financing provided to the Developer under this Agreement exceed $70,800.00. SECTION 4.06 Intentionally Omitted. SECTION 4.07 Intentionally Omitted. SECTION 4.08 Transfers. Should the Developer desire to transfer any interests in this Agreement or the Project Site to another development entity which is necessary for financing or development purposes, and the Authority states its general willingness to consider and approve appropriate transfers required for financing purposes pursuant to a request and documentation by the Developer. ARTICLE V CONSTRUCTION OF PROJECT SECTION 5.01 Scope of Proiect. The Project Site shall be developed within the general requirements established by the zoning and building codes applicable to the Project Site by the Code of the City ( "Code ") and related laws governing municipal planning and zoning. The Developer shall be responsible for the construction, renovation, improvement, equipping, repair and installation of all public and private improvements associated with the Project as described in, and in conformance with approved schematic drawings, design documents, constructions documents, and related plans and documents ( "Development Plans and Specifications "). SECTION 5.02 Development Plans and Specifications. Upon the execution of this Agreement, the Developer shall prepare and submit Development Plans and Specifications for the Project to the City for its review pursuant to the Code. Thereafter, if the Developer desires to make any substantial or significant changes in the Development Plans and Specifications, the Developer shall submit the proposed changes to the City for its approval. The Developer and its approved assignees shall communicate and consult as frequently with the City and the Community Development Department as is necessary to ensure that any modifications to the Development Plans and Specifications can receive prompt and speedy consideration by the City. SECTION 5.03 Construction of Project. The Developer agrees that all construction, renovation, improvement, equipping, repair and installation work on the Project shall be done substantially in accordance with the Development Plans and Specifications as approved by the City, or as amended with the approval of the City. SECTION 5.04 City and Other Governmental Permits. The Developer shall, at its own expense, secure or cause to be secured any and all permits and approvals which may be required by the City and any other governmental agency having jurisdiction as to such construction, development or work in connection with any buildings, structures or other improvements at the Project Site. The Authority shall cooperate with and provide all usual assistance to the Developer in securing these permits, and approvals, and shall diligently process, review and consider all such permits and approvals as may be required by law. SECTION 5.05 Construction Schedule. Not later than June 30, 2023, the Developer shall have completed construction of the Project. If it appears the Project cannot be commenced or completed by such date, the Developer shall promptly report to the Authority that the Project will not be completed within the time provided for herein and shall provide an updated schedule regarding the time required for the commencement and completion of the Project. All revisions to the original construction schedule shall be subject to approval by the Authority, which approval shall not be unreasonably withheld. SECTION 5.06 Rights of Access. For the purpose of ensuring compliance with this Agreement, representatives of the Authority shall have the right of access to the Project Site, without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing, renovating, improving, equipping, repairing and installing the Project, so long as they comply with applicable safety rules and do not unreasonably interfere with the activities of the Developer. Except in the case of an emergency, prior to any such access, such representatives of the Authority will check in with the on -site manager. All such representatives of the Authority shall carry proper identification, shall ensure their own safety, assuming the risk of injury, and shall not interfere with the construction activity. The Authority agrees to cooperate with the Developer in facilitating access by the Developer to the Project Site for construction purposes, provided that the Authority shall incur no financial obligations therefor. SECTION 5.07 Indemnification. The Developer shall defend, indemnify, assume all responsibility for, and hold the Authority and the City and their respective elected and appointed officers and employees and agents, harmless from, all costs (including attorney's fees and costs); claims, demands, liabilities or judgments (except whose which have arisen from the willful misconduct or negligence of the Authority or the City, their officers, employees and agents) for injury or damage to property and injuries to persons, including death, which may be caused directly or indirectly by any of the Developer's activities under this Agreement, whether such activities or performance thereof be by the Developer or anyone directly or indirectly contracted with or employed by the Developer and whether such damage shall accrue or be discovered before or after termination of this Agreement. This indemnity includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remediation, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in the Comprehensive Environmental Response, Compensation and Liability Act; codified at Title 42, Sections 9601, et seq. of the United States Code (hereinafter, "CERCLA "), and all amendments thereto, at any place where Developer owns or has control of real property pursuant to any of Developer's activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA to assure, protect, hold harmless and indemnify Authority from liability. SECTION 5.08 Liability Insurance. A. In addition to the indemnification of the Authority and the City required in Section 5.07 hereof, the Developer shall take out and maintain during the period set forth in subsection (D) of this Section, a comprehensive general liability policy in the amount of at least $1,000,000.00 for any person, $1,000,000.00 for any occurrence, and $1,000,000.00 property damage naming the Authority as an additional insured and loss payee, but only with respect to the liability policy. B. The Developer shall furnish a certificate of insurance signed by an authorized agent of the insurance carrier setting forth the general provisions of the insurance coverage. This certificate of insurance shall name the Authority as an additional insured under the policy. The certificate of insurance shall contain a statement of obligation on the part of the carrier to notify the Authority by certified mail of any modification, cancellation or termination of the coverage at least 30 days in advance of the effective date of any such modification, cancellation or termination. Coverage provided hereunder by the Developer shall be primary insurance and not contributing with any insurance maintained by the Authority, and the policy shall contain such an endorsement. The required certificate shall be filed with the Authority at the time of execution of this Agreement. C. The Developer shall also furnish or cause to be furnished to the Authority evidence satisfactory to the Authority that any contractor with whom it has contracted for the performance of work on the Project Site or otherwise pursuant to this Agreement carries workers compensation insurance as required by law at the time of execution of the Agreement. D. The insurance obligations set forth in this Section shall remain in effect until performance of the development obligations contained in this Agreement. SECTION 5.09 Performance Bond. The Developer shall post with the City such performance bonds or other sureties as may be required by the Code. SECTION 5.10 Local, State and Federal Laws. The Developer shall carry out the provisions of this Agreement in conformity with all applicable local, state and federal laws and regulations. SECTION 5.11 Antidiscrimination During Construction. The Developer, for itself, its successors and assigns, and any contractor with whom Developer has contracted for the performance of work on the Project Site, agrees that in the construction of the Project, the Developer shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, handicap, national origin or ancestry. SECTION 5.12 Taxes Assessments. Encumbrances and Liens. The Developer shall pay when due all real estate taxes and assessments on the Project Site. Prior to the performance of the obligations of this Agreement, the Developer shall not place or allow to be placed on the Project Site or any part thereof any uncontested mechanic's lien, any mortgage, trust deed, encumbrance or lien other than as expressly allowed by this Agreement. Nothing herein contained shall be deemed to prohibit the Developer from contesting the validity or amounts of any tax assessment, encumbrance or lien, nor to limit the remedies available to the Developer in respect thereto. SECTION 5.13 Prohibition Against Transfer of the Project Site or Structures Therein and Assignment of Agreement. The Developer shall not, except as permitted by this Agreement, without prior written approval of the Authority which shall not be unreasonably withheld, make any total or partial sale, transfer, conveyance, assignment or lease of the Project Site. The foregoing restrictions on assignment, transfer, and conveyance shall not apply to: A. Any mortgage lien or security interest granted by the Developer to secure indebtedness to any construction or permanent lender with respect to the Project; and B. The rental and leasing of portions of the Project Site by the Developer for any uses contemplated for the Project. SECTION 5.14 Restrictions on Sale of Control By the Developer. The qualifications of the Developer are of particular importance to the Authority. It is because of the qualifications and identity of the Developer, and the management thereof, that the Authority has entered into this Agreement with the Developer. Therefore, the Developer agrees that it will not sell a controlling interest in its own membership interests until performance of the development obligations in this Agreement to any individual or entity which is not currently a member of the Developer. Without limiting the generality of the foregoing, except as otherwise expressly agreed by the Authority in writing, the Developer shall not terminate its existence, liquidate or dissolve, or sell all or substantially all of its assets until performance of the development obligations in this Agreement. SECTION 5.15 Covenants for Non - Discrimination. The Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, familial status, marital status, age handicap, national origin or ancestry in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of the Project Site, nor shall the Developer itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Project Site. The covenant established in this Section shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Authority, its successors and assigns and any successor in interest to the Project Site or any part thereof. The covenants contained in this Section shall remain for so long as any amounts due under this Agreement or a tax increment district established for this Project remains unpaid or outstanding. SECTION 5.16 Maintenance Covenants. The Developer, and all successors and assigns in interest to the Developer, shall be obligated to maintain the Project and all improvements and landscaping situated on the Project Site in a clean and neat condition and in a continuous state of good repair in accordance with the Code. F.11 'A 9-[y a &TH REPRESENTATIONS AND WARRANTIES SECTION 6.01 Developer Representations and Warranties. The Developer represents and warrants the following: A. The Developer represents that it is a limited liability company duly organized and existing under the laws of the State of Oklahoma. The Developer is authorized to conduct business in the State of Oklahoma, and is not in violation of any provisions of its articles of organization, operating agreement, or any other agreement governing the Developer, or any law of the State of Oklahoma affecting Developer's ability to perform under this Agreement. B. The Developer's ability to accomplish the Project with financing assistance from the Authority has induced the Developer to proceed with the Project, and the Developer hereby covenants to complete the same and continue to maintain and operate the Project, until the Certificate of Completion is provided to the Developer from the Authority. C. The Developer represents that it has the full power and authority to execute this Agreement and this Agreement shall constitute a legal, valid and binding obligation of the Developer in accordance with its terms, and the consent of no other party is required for the execution and delivery of this Agreement by such Developer or the consummation of the transactions contemplated hereby, subject to laws relating to bankruptcy, moratorium, insolvency, or other laws affecting creditor's rights generally and subject to general principles of equity. D. The Developer represents that the execution and delivery of this Agreement, the consummation of the transactions contemplated herein, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented or limited by or in conflict with, and will not result in a breach of, other provisions of its articles of organization, operating agreement or any other agreement governing the Developer or with any evidence of indebtedness, mortgages, agreements, or instruments of whatever nature to which the Developer is a party or by which it may be bound, and will not constitute a default under any of the foregoing. E. To the knowledge of the undersigned representative of the Developer, there is not currently pending any action, suit, proceeding or investigation, nor, is any such action threatened which, if adversely determined, would materially adversely affect the Developer or the Development, or impair the ability of the Developer to carry on its business substantially as now conducted or result in any substantial liability not adequately covered by insurance. F. The Developer warrants that it has not paid or given and will not pay or give any officer, employee or agent of the City or the Authority any money or other consideration for obtaining this Agreement. The Developer further represents that, to its best knowledge and belief, no officer, employee or agent of the City or the Authority who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision making process with regard to the Project, has or will have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project, or in any activity, or benefit therefrom, during or after the term of this Agreement. G. All utility services necessary for the development and construction of the Project are available to the Project Site, including water, storm and sanitary sewer facilities, electric and gas utilities, and telephone services. H. Financial statements of the Developer heretofore delivered to the Authority and the City are true and correct in all material respects, and fully and accurately present the financial condition of the Developer on the respective dates thereof. There has been no material adverse change in the financial condition of the Developer since the date of the latest statement furnished. I. The Project Site is free of all contamination requiring remediation including, but not limited to, (a) any "hazardous waste," "underground storage tanks," "petroleum," "regulated substance," or "used oil" as defined by the Resource Conservation and Recovery Act of 1976, as amended, or by any regulations promulgated thereunder; (b) any "hazardous substance" as defined by CERCLA, or by any regulations promulgated thereunder; (c) any substance the presence of which on, in, or under the Project Site is prohibited by any federal, state, or local law, rule, regulation, or ordinance similar to those set forth above; and (d) any other substance which by federal, state, or local law, rule, regulation, or ordinance requires special handling in its collection, storage, treatment, or disposal. J. Neither this Agreement nor any statement or document referred to herein or delivered by the Developer pursuant to this Agreement contains any untrue statement or omits to state a material fact necessary to make the statements made herein or therein not misleading. SECTION 6.02 Authority Representations and Warranties. The Authority represents and warrants the following: A. The Authority is a duly organized and validly existing public trust under the laws of the State of Oklahoma and as such, is a duly constituted authority of the City and an agency of the State of Oklahoma. B. The Authority is fully empowered to enter into this Agreement and to perform the transactions contemplated thereby and generally to carry out its obligations hereunder and thereunder. The Authority has duly authorized its Chair, or in the Chair's absence, its Vice - Chair, to execute and deliver this Agreement and all other documentation required to consummate the transaction contemplated herein on behalf of the Authority. C. The performance by the Authority under this Agreement will not violate any provision or constitute a default under any indenture, agreement, or instrument to which the Authority is currently bound or by which it is affected. D. To the knowledge of the undersigned officer of the Authority, there is no action, suit, proceeding or inquiry at law or in equity pending or threatened, affecting the Authority wherein any unfavorable decision, ruling or finding would materially adversely affect the Authority's ability to perform under this Agreement or under any other instrument pertinent to the transaction contemplated herein to which the Authority is a party. EVENTS OF DEFAULT AND REMEDIES SECTION 7.01 Events of Default. The following shall constitute Events of Default hereunder and under each of the instruments executed pursuant to this Agreement: A. Default by the Developer in the performance or observance of any covenant contained in this Agreement, any instrument executed pursuant to this Agreement, or under the terms of any other instrument delivered to the Authority in connection with this Agreement, including, without limitation, the falsity or breach of any representation, warranty or covenant; B. Material variance from the approved Development Plans and Specifications without prior written consent of the City with regard to any of the materials, machinery, or equipment acquired in connection with the Project or the appurtenances thereto, or any other material variance from the Development Plans and Specifications; C. Any representation, statement, certificate, schedule or report made or furnished to the Authority by the Developer with respect to the matters and transactions covered by this Agreement which proves to be false or erroneous in any material respect at the time of its making or any warranty of a continuing nature which ceases to be complied with in any material respect and the Developer fails to take or cause to be taken corrective measures satisfactory to the Authority within 30 days after written notice by the Authority; or D. The initiation of bankruptcy or receivership proceedings by or against the Developer and the pendency of such proceedings for 60 days. SECTION 7.02 Remedies. The Authority will provide the Developer with notice and 30 days opportunity to cure any Event of Default described in Section 7.01. Upon the Developer's failure to commence and diligently pursue the cure within such 30 -day period, the Authority may, at its option, declare the Authority shall be entitled to proceed simultaneously or selectively and successively to enforce its rights under this Agreement and any of the instruments executed pursuant to the terms hereof, of any one or all of them. SECTION 7.03 Termination. A. In the event that the City unreasonably fails to approve the Development Plans and Specifications, and, if any such default or failure shall not be cured within 30 days after the date of written demand by the Developer, then this Agreement, or the relevant portion thereof, may, at the option of the Developer, be terminated by written notice thereof to the Authority, and, neither the Authority, nor the Developer shall have any further rights against or liability to the others under this Agreement with respect to the terminated portion thereof. B. In the event that the Developer fails to submit the Development Plans and Specifications to the City, or the Developer fails to obtain evidence of financing capacity satisfactory to the Authority, and, if any default or failure shall not be cured within 30 days after the date of written demand by the Authority, then this Agreement, or the relevant portion thereof, may, at the option of the Authority, be terminated by written notice thereof to the Developer, and, neither the Authority nor the Developer shall have any further rights against or liability to the others under this Agreement with respect to the terminated portion thereof. SECTION 7.04 Completion by the Authority. If an Event of Default occurs prior to the completion of construction of the Project, the Authority shall have the right, but shall not be bound, to complete the Project according to the approved Development Plans and Specifications. In the event the Authority elects to so complete the Project, the execution of this Agreement shall be deemed to be an appointment by the Developer of the Authority as its true and lawful attorney -in- fact with the full power of substitution to complete, or cause to be completed, the Project in the Developer's name and shall empower the Authority as follows: A. To use any funds of the Developer in the manner called for by the Development Plans and Specifications; B. To make minor changes and corrections in the Development Plans and Specifications as shall be deemed necessary or desirable by the Authority; provided, however, that such changes do not increase project costs more than 5% determined on a cumulative basis; C. To employ such contractors, subcontractors, agents, and inspectors as shall be required; D. To pay, settle or compromise all existing bills and claims which are or may be liens against the property constituting a portion of the Project Site or any part thereof or may be necessary or desirable for completion of the work or obtaining clear title; E. To execute all applications and certificates in the Developer's name, which may be required by any contract relating to the Project; and F. To do any and every act with respect to the Project which the Developer may do on its own behalf. It is understood and agreed that this power of attorney shall be deemed to be a power coupled with an interest which cannot be revoked. The Authority, as the Developer's attorney -in -fact, shall also have the power to prosecute and defend all actions or proceedings in connection with the Project and to take such action and require such performance as the Authority deems necessary. The cost of said completion, including an amount equal to 10% of such cost for the Authority's services in connection with such completion, shall be paid to the Authority by the Developer. SECTION 7.05 Enforced Delay; Extension of Times of Performance. A. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where the party seeking the extension has acted diligently and delays or defaults are due to events beyond the reasonable control of the party such as but not limited to: default of other party; war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; invasion; lack of transportation; litigation; unusually severe weather; or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. B. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the Authority and the Developer. SECTION 7.06 Non - liability of Officials, Employees, and Agents of the Authority. No official, employee or agent of the Authority shall be personally liable to the Developer, or any successor in interest, pursuant to the provisions of this Agreement, for any default or breach by the Authority. ARTICLE VIII MISCELLANEOUS SECTION 8.01 Authority's Obligations Limited. Nothing in this Agreement is intended to require or obligate nor shall anything herein be interpreted to require or obligate the Authority to provide, apply or make any payment or advance from any revenue or funds coming into its hands other than the funds derived from Increment District No. 8 and in the manner provided in this Agreement. SECTION 8.02 Notices. Any notices or other communications required or permitted hereunder shall be sufficiently given if delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested and addressed as set forth below or to such other address as the party concerned may substitute by written notice to the other. All notices shall be deemed received within three days (excluding Saturdays, Sundays and holidays recognized by national banking associations) after being mailed: To the Authority: Owasso Public Works Authority 200 S. Main Street Owasso, Oklahoma 74055 Attn: Warren Lehr, Manager To the Developer: New Age Homes, LLC 1012 N. Dogwood Street Owasso, Oklahoma 74055 Attn: Jared Britton SECTION 8.03 Amendment. This Agreement may not be amended or modified in any way, except by an instrument in writing executed by both parties hereto and approved in writing by the Developer and the Authority. SECTION 8.04 Non - Waiver: Cumulative Remedies. No failure on the part of the Authority to exercise and no delay in exercising any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Authority of any right hereunder preclude any other or further right thereof. The remedies herein provided are cumulative and not alternative. SECTION 8.05 Assignment. This Agreement shall not be assignable by the Developer without the prior written consent of the Authority. The rights and benefits under this Agreement may be assigned by the Authority. SECTION 8.06 Applicable Law. This Agreement and the documents issued and executed hereunder shall be deemed to be a contract made under the laws of the State of Oklahoma and shall not be construed to constitute the Authority as a joint venturer with the Developer or to constitute a partnership among the parties. SECTION 8.07 Descriptive Headings. The descriptive headings of the articles and sections of this Agreement are for convenience only and shall not be used in the construction of the terms hereof. SECTION 8.08 Integrated Agreement. This Agreement constitutes the entire agreement between the parties hereto, and there are no agreements, understandings, warranties, or representations between the parties regarding the financing of the Project other than those set forth herein. SECTION 8.09 Time of Essence. Time is of the essence in the performance of this Agreement. SECTION 8.10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives, and assigns. SECTION 8.11 Right to Defend. The Authority shall have the right, but not the obligation, with benefit of counsel selected by the Authority, all at the Developer's expense, to commence, appear in or defend any action or proceeding purporting to affect the rights or duties of the parties hereunder, and in connection therewith, if the Developer fails to so commence, appear in or defend any such action or proceeding, except in a suit between the Developer and the Authority, in which case the prevailing party shall be entitled to such fees and expenses as a part of any judgment obtained. SECTION 8.12 Trustees' Disclaimer. This instrument is executed by the Trustees or officers or both of the Authority in their official capacities as such Trustees or officers. By the execution hereof all parties agree that, for the payment of any claim or the performance of any obligations hereunder, resort shall be had solely to the specific assets of the Authority described herein and no Trustee or officer of the Authority shall be held personally liable therefore. In this regard, specific reference is made to Section 179 of the Public Trust Act and to the Trust Indenture dated as of the 10`' day of January, 1973, pursuant to which the Authority was created, a copy of which is of record in the office of the Authority. SECTION 8.13 Counterparts. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute the same Agreement. It shall be necessary to account for only one such counterpart in proving this Agreement. SECTION 8.13 Construction of this Agreement. The parties acknowledge that the parties and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. IN WITNESS WHEREOF, the Developer and the Authority have caused this Agreement to be duly executed this day of 2022. (SEAL) ATTEST: Secretary OWASSO PUBLIC WORKS AUTHORITY Kelly Lewis, Chair NEW AGE HOMES LLC By: Jared Britton, Authorized Member ACKNOWLEDGEMENTS STATE OF OKLAHOMA ) COUNTY OF TULSA ) The foregoing instrument was acknowledged before me this day of , 2022, by Kelly Lewis, Chair of the Owasso Public Works Authority, a public trust, on behalf of the Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the date and year first above written. Juliann M. Stevens, Notary Public #00013339 (Notary Seal) STATE OF OKLAHOMA ) COUNTY OF TULSA ) The foregoing instrument was acknowledged before me this day of , 2022, by Jared Britton, Authorized Member of New Age Homes, LLC, on behalf of New Age Homes, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the date and year first above written. Notary Public (Notary Seal) EXHIBIT 1 Location, Legal Description, and Map of the Project Site Address: 414 South Birch Street. Legal Description: Lot 3, Block 1, of Nadel Addition to the City of Owasso, Oklahoma, according to the recorded plat thereof. OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 10/08122 FUND TOTAL 90,851.37 148,168.77 Department Payroll Expenses Total Expenses 400 OPWA Administration 17,360.67 25,857.12 405 Utility Billing 7,592.80 13,033.59 420 Water 15,750.27 25,668.71 450 Wastewater 14,623.36 23,946.62 455 Wastewater Collection 15,443.46 25,877.62 480 Refuse 17,416.81 28,866.62 485 Recycle Center 2,664.00 4,918.49 FUND TOTAL 90,851.37 148,168.77 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY - OPERATING FUND FISCAL YEAR 2022 -2023 Budgetary Basis Statement of Revenues & Expenses As of September 30, 2022 FUND BALANCE (Budgetary Basis) Beginning Balance 7,955,567 7,955,567 Ending Balance $ 5,297,329 $ 9,750,782 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET OPERATING REVENUES: Water $ 923,258 $ 2.696,956 $ 7,801,161 34.57% Wastewater 512,608 1,515,491 6,020,212 25.17% Refuse 225,095 679,399 2,589,680 26.23% Recycle 6,885 14,403 72,533 19.867. Other Utility fees 18,262 57,919 215,145 26.927 TOTAL OPERATING REVENUES $ 1,686,109 $ 4,964,168 $ 16,698,731 29.73% OPERATING EXPENSES: OPWA administration $ (102,091) $ (265,571) $ (1,224,764) 21.68% Utility Billing (52,476) (132,366) (519,783) 25.47% Water (516,145) (1,183,071) (5.200,243) 22.757, Wastewater Treatment (128,019) (342,535) (1,667,730) 20.547. Wastewater Collections (82,777) (242,370) (1,913,594) 12.67% Refuse (126,575) (293,231) (1,360,730) 21.55% Recycle (19,556) (46,005) (265,172) 17.35% Debt payments (240,629) (744,852) (2,953,250) 25.227 TOTAL OPERATING EXPENSES $ (1,268,268) $ (3,250,001) $ (15,105.267) 21.52% OPERATING REVENUES OVER /(UNDER) EXPENDITURES $ 417,841 $ 1,714,167 $ 1,593,464 NONOPERATING REVENUES (EXPENSES): Interest $ 6,991 $ 19,250 $ 33,661 57.19% Other revenues /(expenses) 3,383 10,446 24,850 42.04% TIF revenues /(expenses) 13,104 18,527 (341,760) -5.4297 0.00% Transfers out 0.00% TOTAL NONOPERATING REVENUES (EXPENSES) $ 23,479 $ 48,223 $ (283,249) LONG -TERM DEBT PROCEEDS AND EXPENDITURES: Proceeds of long -term debt $ 1,690,382 $ 5,577,100 $ 9,500,000 Unissued Debt Proceeds Expenditures of long -term debt (1,516,218) (3,184,409) (9,015,000) TOTAL LONG -TERM DEBT PROCEEDS AND EXPENDITURES $ 174,164 $ 2,392,691 $ 485,000 NET INCOME (LOSS) $ 615,483 $ 4,155,081 $ 1,795,215 ENCUMBRANCES OUTSTANDING $ (10,069,665) BOND PROCEEDS RECEIVABLE 3,256,346 FUND BALANCE (Budgetary Basis) Beginning Balance 7,955,567 7,955,567 Ending Balance $ 5,297,329 $ 9,750,782