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HomeMy WebLinkAboutJensen Belts Association - Discovery Park AIA B133-2019 Page 1 Memo To: Chris Johnson, City Clerk From: Keith Watts, Purchasing Manager CC: Mike Barton; Steve Siddoway Date: 12/10/2019 Re: December 17 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 17 th City Council Consent Agenda for Council’s consideration. Approval of AIA Agreement B133 – 2014 to Jensen Belts Associates for the design of Discovery Park Phase II for the Not-to-Exceed amount of $350,900.00. Recommended Council Action: Approval of AIA Agreement B133 - 2014 to Jensen Belts Associates for the design of Discovery Park Phase II for the Not- to-Exceed amount of $350,900.00 as well authorize the Purchasing Manager to sign the Purchase Order for the Not-to-Exceed amount of $350,900.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda December 17, 2019 – Page 305 of 504 Document B133"-2014 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition +11 AGREEMENT made as of the tT day of in the year 2019 BETWEEN the Architect's client identified as the Owner: (Na/ne, legal status, address and other information) City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 and the Architect: (Amite, legal status, address and other information) Jensen Belts Associates PLLC 1509 Tyrell Lane, Suite 130 Boise, Idaho 83706 for the following Project: (Name, location and detailed description) Discovery Park Phase II 2121 E Lake Hazel Road Meridian, Idaho 83642 The Construction Manager (if known): (Annie, legal stales, address and other information) Kreizenbeck, LLC dba Kreizenbeck Constructors 11724 West Executive Drive Boise, Idaho 83717 The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A201 T'"-2007, General Conditions of the Contract for Construction; All 33Im-2009 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; and A134TM-2009 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 without a Guaranteed Maximum Price. AIA Document A201 TM -2007 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. AIA Document B1 33T" — 2014. Copyright ® 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 14:22:41 ET on 12/05/2019 under Order No.0674691795 which expires on 09/23/2020, and is not for resale. User Notes: (1936746039) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COSTOFTHEWORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 1O MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE ,I INITIAL INFORMATION $ 1.1 This Agreement is based on the Initial Information set forth in this Section I . I . (Note the dispositionfor thefollowing items by inserting the requested informotion or a statemenl such as "nol applicable," "unknown at time of execution," or "lo be determined later by muluql agreement.") $ 1.1.1 The Owner's program for the Project: (ldentifu documentation or state the manner in which the program will be developed.) Owner's preliminary program for the project is described in Exhibit A, Discovery Park Phase 2 Improvements, dated September 24,2019. $ 1.1.2 The Project's physical characteristics: (ldenlifu or describe, ifappropriate, size, localion, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; lraffic and utility studies; availability ofpublic and private utilities and services; legal description ofthe site; etc.) The Project consists of 77 acres located on the south side of Lake Hazel Road, approximately % mile west of Eagle Road. Phase I, consisting of approximately 27 acres has been constructed and is open to the public. Phase II, consisting of approximately 25 acres will be the subject of this Project $ 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.I (Provide total and, if knou,n, a line item breakdown.) I unknown at time of execution $ 1.1.4 The Owner's anticipated design and construction schedule .1 Design phase milestone dates, if any: unknown at time of execution AIA Document 8133il - 2014. Copyright@ 2014 by The American lnstitute of Architects. All rights reserved. WARNING: This AtA6r Document is protected by U.S.CopyrightLawandlnternational Treaties.Unauthorizedreproductionordistributionof thisAlAo Oocument,oranyportionof it,mayresultin severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA sottware at 14.22.41 ET on 1210512019 under Order No.0674691795 \ryhich expires on O9l23l2O2O, and is not for resale. User Notes: (1936746039) lnit. 2 Meridian City Council Meeting Agenda December 17, 2019 – Page 307 of 504 ,2 Commencement of construction: unknown at time of execution .3 Substantial Completion date or milestone dates unknown at time of execution .4 Other: not applicable $ 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (lndicate agreeme nt type.) t X ] AIA Document Al33-2009, Standard Fonn 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. AIA Document A 134-2009, 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 without a Guaranteed Maximum Price. $ 1.1.6 The Owner's requirements for accelerated or fast-track scheduling or phased construction are set forth below: (l,ist number and type of bid/procurement packages.) I Not Applicable $ 1.1.7 Other Project information: (ldentifu special characteristics or needs of the Project not provided elsewhere, such as the Avner's sustainable objective, if any, or historic preservation requirements.) I Not Applicable $ 1.1.8 The Owner identifies the following representative in accordance with Section 5.5 (Lisl name, address and other information.) Mike Barton, Park Superintendent 33 East Broadway Avenue Meridian,Idaho 83642 208-888-4433 mbarton@meridianc ity.org $ 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 information.) none $ 1.1.10 The Owner will retain the following consultants: (Lisl name, legal status, address and other information.) Construction Manager: (The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state lhe anticipaled date of retention. lf the Architect is to assisl lhe Owner in selecting lhe Construction Manager, complele Section 1. I.l ) AlADocumentBl33rr-2014.Copyright@20l4byTheAmericanlnstituteofArchitects.All rightsreserved.WARN|NG:ThisAlAo Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 Ef on 1210512019 under Order No.0674691795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) 3 lnit. Meridian City Council Meeting Agenda December 17, 2019 – Page 308 of 504 Michael J. Berard Kreizenbeck LLC, dba Kreizenbeck Constructors I 1724 West Executive Drive Boise, Idaho 83713 Telephone 208-336-9500 Fax208-336-7444 Mobile 208-941-3199 mberard@kreizenbeck.com ,2 Cost Consultant (if in addition to the Construction Manager): (lf a Cost Consultant is retained, appropriate references to the Cosl Consultant should be inserted in Sections 3.3.6, 3.3.7, 3.1.2, 3.4.3, 3.5.1, 3.5.5, 5.1,6.3,6.3.1,6.4 and I1.6.) nla .3 Land Surveyor: nla Geotechnical Engineer: n/a Civil Engineer: nla .6 Other consultants: (Lisl any other consultants retained by the Avner, strch as a Project or Program Manager, or sc hedul ing consultant. ) n/a S 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address and other iffirmation.) Bruce Taylor Jensen Belts Associates 1509 Tyrell Lane, Suite 130 Boise, Idaho 83706 AlADocumentBl33il-2014.Copyright@20l4byTheAmericanlnstituteofArchitects.All rightsreserved.WARN|NG:ThisAtA@ Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any portion of it, may iesult in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14.22:41 Ef on 1210512019 under Order No.067469'1795 which expires on Ogt23t2O2O, and is not for resate. User Notes: (1936746039) .4 .5 4 lnit. I Meridian City Council Meeting Agenda December 17, 2019 – Page 309 of 504 208-343-7 175 bruce@j en senbelts. c om S 1.1.12.1 Consultants retained under Basic Services: .1 (Paragraphs deleted) See Exhibit A $ 1.1.12.2 Consultants retained under Additional Services: nla S 1.1.13 Other Initial Information on which the Agreement is based: See Exhibit A $ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE2 ARCHITECT'S RESPONSIBILITIES $ 2.1 The Architect shall provide the professional services as set forth in this Agreement. $ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing 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 I.L5. 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 lnsurance. The Architect shall maintain the following insurance for the duration of this Agreement. $ 2.6.1 Cornmercial General Liability with policy limits of not less than One Million Dollars ($ 1,000,000.00 ) for each occurrence and Two Million Dollars ($ 2,000,000.00 ) in the aggregate for bodily injury and property damage. $ 2.6.2 Automobile Liability covering vehicles owned by the Architect and non-owned vehicles used by the Architect with policy limits of not less than One Million Dollars ($ I ,000,000.00 ) per claim for bodily injury and property damage 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 liability insurance, provided such primary and excess insurance policies result in the same or greater coverage as those required under Sections 2.6.1 and2.6.2. $ 2.6.4 Workers'Compensation at statutory limits and Employers Liability with policy limits of not less than One Hundred Thousand Dollars ($ 100,000.00 ). AIA Document 8133il - 2014. Copyright@ 2014 by The American lnstitute of Architects. All rights reserved. WARNING: This AlAo Document is protected by U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 E'l on 1210512019 under Order No.0674691795 which expires on Ogl23l2O2O, and is not for resale. User Notes: (1936746039) 5 lnit. S 1.1.12 The Architect will retain the consultants identified in Sections l.l.l2.l and 1.1.12.2: (List name, legal status, address and other information.) I Meridian City Council Meeting Agenda December 17, 2019 – Page 310 of 504 $ 2.6.5 Professional Liability covering negligent acts, errors and ornissions in the performance ofprofessional services, with policy lirnits of not less than Two Million Dollars ($ 2,000,000.00 ) per claim and Two Million Dollars ($ 2,000,000.00 ) in the aggregate. $ 2.6.6 The Owner shall be an additional insured on the Architect's primary and excess insurance policies for Commercial General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any ofthe Owner's insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. $ 2.6.7 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as additional insureds on the Commercial General Liability, Autornobile Liability, and any excess policies. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES $ 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. $ 3.1.1 The Architect shall manage the Architect's services, consult with the Owner and the Construction Manager, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the owner. $ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager, and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and infonnation 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, otnission or inconsistency in such services or information. $ 3.'1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Owner and the Construction Manager a schedule of the Architect's services for inclusion in the Project schedule prepared by the Construction Manager. The schedule of the Architect's services shall include design milestone dates, anticipated dates when cost estimates or design reviews may occur. and allowances for periods of time required (l) for the Owner's review, (2) for the Construction Manager's review, (3) for the perfonnance of the Construction Manager's reconstruction Phase services, (4) for the performance of the Owner's consultants, and (5) for approval of submissions by authorities havingjurisdiction over the Project. $ 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 Once the Owner, Construction Manager, and Architect agree to the time limits established by the Project schedule, the Owner and Architect shall not exceed them, except for reasonable cause. $ 3.1.6 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non-conforming work, made without the Architect's approval. $ 3.1.7 The Architect shall, at appropriate times, in coordination with the Construction Manager, contact the govemmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such govemmental authorities and by such entities providing utility services. $ 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of govemmental authorities having jurisdiction over the Project. $ 3.2 Evaluation of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate $ 3.2.1 Prior to the Owner's acceptance of the Guaranteed Maxirnurn Price proposal or Control Estimate, as applicable, the Architect shall consider the Construction Manager's requests for substitutions and, upon written request of the AlADocumentBl33rr-20'14.Copyright@2014byTheAmericanlnstituteofArchitects.All rightsreserved.WARN|NG:ThisAlA@ Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 Ef on 1210512019 under Order No.067469'1795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) 6 lnit. Meridian City Council Meeting Agenda December 17, 2019 – Page 311 of 504 lnit. Construction Manager, provide clarification or interpretations pertaining to the Drawings, Specifications, and other documents submitted by the Architect. The Architect and Construction Manager shall include the Owner on all communications related to substitution requests, clarifications, and interpretations. $ 3.2.2 During one of the design phases, the Owner will receive a Guaranteed Maximum Price proposal or Control Estimate, as appropriate, from the Construction Manager. The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estirnate. 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 notit, the Owner and Construction Manager. $ 3.2.3 Upon authorization by the Owner, and subject to Section 4.3.1.15, 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 Estirnate. $ 3.3 Schematic Design Phase Services $ 3.3.1 The Architect shall review the prograrn and other information furnished by the Owner and Construction Manager, and shall review for compliance with 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 ( I ) any inconsistencies discovered in the information, and (2) other infonnation or consulting services that rnay 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 altemative approaches to design and construction of the Project, including the feasibility of incorporating sustainable design approaches, and consideration of the implementation of the Owner's sustainable objective, if any. 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 prelirninary 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 Schernatic Design Documents for the Owner's approval and the Construction Manager's review. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systerns and construction materials shall be noted on the drawings or described in writing. S 3.3.5.1 The Architect shall consider sustainable design altematives, such as material choices and building orientation, together with other considerations based on program and aesthetics, implications of sustainable code requirements enacted in the relevant jurisdiction, if any, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other sustainable design services under Article 4. S 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of altemative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost of the Work. $ 3.3.6 The Architect shall submit the Schernatic Design Docurnents to the Owner and the Construction Manager. The Architect shall n-reet with the Construction Manager to 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, identifli agreed upon AlADocumontBl33n-2014.Copyright@2014byTheAmericanlnstituteofArchitects.All rightsreservod.WARN|NG:ThisAlAo Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produc€d by AIA software at 14.22.41 Ef on 1210512019 under Order No.0674691795 which expires on 0912312020, and is not for resale. Us6r Notes: (1936746039) 7 Meridian City Council Meeting Agenda December 17, 2019 – Page 312 of 504 adjustments to the Project's size, quality, or budget, and request the Owner's approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase. $ 3.3.8 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 the 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 pursuant to Section 5.4, the Architect shall prepare Design Development Documents for the Owner's approval and Construction Manager's review. 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 such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identifu 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 Docurnents 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 Owner's approval and the Construction Manager's review. The Construction Docurnents 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 of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the 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 into the Construction Documents the design requirements of govemmental authorities having jurisdiction over the Project. $ 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 ( I ) 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 infonnation and estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7 and,obtain the Owner's approval of the Construction Documents. AlADocumentBt33il-2014.Copyrighl@20l4byTheAmericanlnstituteofArchitects.All rightsreserved.WARN|NG:ThisAlAr Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AIA€] Documenl, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 Ef on 1210512019 under Order No.0674691795 which expires on 0912312020, and is not for resale. User Notes: (j936746039) 8 lnit. Meridian City Council Meeting Agenda December 17, 2019 – Page 313 of 504 $ 3.6 Construction Phase Services Not lncluded Unless accepted and added by Change Order (Paragraphs deleted) AlADocumentBl33rt-2014.Copyright@20l4byTheAmericanlnstituteofArchitects.All rightsreserved.WARNING:ThisAlAe Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribulion of this AIA@ Document, or any portion of it, may iesult in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14.22:41 Ef on 1210512019 under Order No.0674691795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) !nit. 9 Meridian City Council Meeting Agenda December 17, 2019 – Page 314 of 504 ARTICLE 4 ADDITIONAL SERVICES $ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section I 1.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate ythether the service description is located in Section 1.2 or in an attqched exhibit. Ifin an exhibit, identifu the exhibit.) $ 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. nJa $ 4.3 Additional Services may be provided 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 4.3 shall entitle the Architect to compensation pursuant to Section I 1.3 and an appropriate adjustment in the Architect's schedule. AlADocumentB'l33rr-2014.Copyright@20l4byTheAmericanlnstiluteofArchitects.All rightsreserved.WARN|NG:ThisAlAo Oocumentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 Ef on 12105120'19 under Order No.0674691795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) Services Responsibilig (,4rchitect, Atner or Not Provided) Location of Service Description (Section 1.2 belov, or in an exhibit attached to this document and identified belov) S 4.1.1 Assistance with selection of the Construction Manager Not Provided S 4.1.7 Building information modeling (E203rM-2013)Not Provided S 4.1.13 On-site proiect representation (8207rtL2008)Not Provided I 4.1.14 Conformed construction documents Not Provided S 4.1.17 Post occupancy evaluation Not Provided S 4.1.18 Facility support services (B2l0rrL2007)Not Provided $ 4.1.19 Tenant-related services Not Provided S 4.1.20 Coordination of Owner's consultants Not Provided S 4.1.21 Telecornmunications/data design Not Provided $ 4.1.22 Security evaluation and plannins (B206rM-2007)Not Provided q 4.1.24 Extensive environmentally responsible desisn Not Provided S 4.1.25 LEED- certification (B2l4rM-2012)Not Provided S 4.1.26 Historic preservation (B205rrL2007)Not Provided lnit. 10 Meridian City Council Meeting Agenda December 17, 2019 – Page 315 of 504 $ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notifu the Owner with reasonable prornptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: ,1 Services necessitated by a 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, but not limited to, 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 Owner's request for extensive sustainable design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED@ certification; .4 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision ofcodes, laws or regulations, or official interpretations; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of perforrnance on the part of the Owner or the Owner's consultants or contractors; .6 Preparing digital data 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 [deleted].9 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Evaluation ofthe qualifications ofbidders or persons providing proposals; .'|2 Assistance to the Initial Decision Maker, if other than the Architect; .13 Services necessitated by replacement of the Construction Manager or conversion of the Construction Manager as constnrctor project delivery rnethod to an altemative project delivery method; ,14 Services necessitated by the Owner's delay in engaging the Construction Manager .15 fdeleted]. (Paragraphs deleted) $ 4.3.3Not lncluded Unless accepted and added by Change Order $ 4.3.4 Not lncluded Unless accepted and added by Change Order AlADocumentBl33rx-2014.Copyright@2014byTheAmericanlnstituteofArchitects.All rightsreserved.WARN|NG:ThisA|AF Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result in severe cival and criminal penalties, and will be proseculed to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 Ef on 1210512019 under Order No.067469'1795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) lnit. 11 I S +.g.2 Not lncluded Unless accepted and added by Change Order I Meridian City Council Meeting Agenda December 17, 2019 – Page 316 of 504 lnit. 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 fumish the services of a Construction Manager that shall be responsible for creating the overall Project schedule. The Owner shall adjust the Project schedule, ifnecessary, as the Project proceeds. $ 5.4 The Owner shall establish and periodically update the Owner's budget for the Project, including ( I ) the budget for the Cost of the Work as defined in Section 6.1: (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall fumish the services of a Construction Manager that shall be responsible for preparing all estimates of the Cost of the Work. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notifu the Architect. The Owner and the Architect shall thereafter agree to a conesponding change in the budget for the Cost of the Work or in the Project's scope and quality. $ 5.4.1 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. $ 5.5 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 ofthe Architect's services. $ 5.6 The Owner shall fumish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and 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. This information does not relieve the Architect of liability for failing to physically visiting the site to confirm such information. $ 5.7 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. $ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall fumish the services of consultants other than those designated in this Agreement, or authorize the Architect to fumish 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 maintain professional liability insurance and other liability insurance as appropriate to the services provided. $ 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. AlADocumentBl33tx-2014.Copyright@20l4byTheAmericanlnstituteofArchitects.Allrightsreserved,WARN|NG: ThisAlA. Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo Oocument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14.22:41 Ef on 1210512019 under Order No.0674691795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) 12 Meridian City Council Meeting Agenda December 17, 2019 – Page 317 of 504 $ 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. $ 5.11 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. $ 5.12 The Owner shall contemporaneously provide the Architect with any communications provided to the Construction Manager about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. $ 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager, including the General Conditions of the Contract for Construction. $ 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK $ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elernents of the Project designed or specified by the Architect and shall include the Construction Managers' general conditions costs, overhead, and profit. The Cost of the Work does not include the compensation of the Architect, the compensation of the Construction Manager for Preconstruction Phase services, the costs of the land, rights-of-way, financing, 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 may be adjusted throughout the Project as required under Sections 5.4 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. 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. S 6.3.1 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect shall work cooperatively with the Construction Manager to confonn the cost estimates to one another. $ 6.3.2 Subject to Section 4.3, if the Owner engages a Cost Consultant and a discrepancy exists between the Construction Manager's estimate and the Cost Consultant's estimate, the Architect shall assist the Cost Consultant and Construction Manager as necessary to confonn the estimates to one another. S 6.4 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, 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; AIA Document 8133rM - 2014. Copyright@ 20'14 by The American lnstitute of Architects. All rights reserved, WARNING: This AlAo Document is protected by U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 ET o^ 1210512019 under Order No.0674691 795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) lnit. 13 I Meridian City Council Meeting Agenda December 17, 2019 – Page 318 of 504 .2 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 .3 irnplernent any other mutually acceptable altemative. S 6.6 If the Owner chooses to proceed under Section 6.5.2,the Architect, without additional compensation, shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility as a Basic Service under this Article 6. $ 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as 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 Maximurn Price proposal, or Control Estirnate that exceed the Owner's budget 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. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital fonn, they shall endeavor to establish necessary protocols goveming such transmissions. $ 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 Upon execution of this Agreement, 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, including prompt payrnent of all sums when due, under this Agreement. 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 material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. $ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising fron-r such uses. The Owner, to the extent pennitted by law, further agrees to indemnifu and hold hannless the Architect and its consultants from all costs and expenses, including the cost ofdefense, 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 ofthe Instruments of Service under this Section 7.3.1. The tenns 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. ARTICLE 8 CLAIMS AND DISPUTES $ 8.1 General $ 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the rnethod of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in AIADocument8133il-2014.Copynght@2014byTheAmericanlnstituteofArchitects.All rightsreserved.WARNING: ThisAlAa Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAc Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 El on 1210512019 under Order No.0674691 795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) lnit. 14 I Meridian City Council Meeting Agenda December 17, 2019 – Page 319 of 504 any case not more than l0 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 ofthe other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A20l-2007, 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 indemnifu 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 attomeys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its ernployees and its consultants in the performance of professional services under this Agreernent. The Architect's duty to indemnifo the Owner under this provision shall be limited to the available proceeds of insurance coverage. $ 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 murual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. $ 8.2 Mediation $ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. $ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreernent. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection ofthe arbitrator(s) and agree upon a schedule for later proceedings. $ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is murually agreed upon. Agreernents reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. $ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Avner and Architect do not select a method of binding dispute resolilion below, or do not sttbsequently agree in writing to a binding dispule resolution method olher than litigation, the dispute vill be resolved in a court of competenl jurisdiction.) t 1 Arbitration pursuant to Section 8.3 of this Agreement tX ] Litigation in a court of competent jurisdiction t ] Other: (Specify) AlADocumentBl33rt-2014.Copyright@2014byTheAmericanlnstituteofArchitects.All righbroserved.WARN|NG: ThisAlAe Oocumentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document rvas produced by AIA soflware at 14:22:41 ET on 1210512019 under Order No.0674691795 which expires on 0912312020, and is not for resale. Usor Notes: (1936746039) lnit. 15 I Meridian City Council Meeting Agenda December 17, 2019 – Page 320 of 504 (Paragraphs deleted) 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 Architect shall be paid all sums due prior to suspension and any expenses incuned in the intemrption 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 intemrption 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 tenninate 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 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. $ 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated. $ 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a tennination of this Agreement are set forth in Article 7 and Section I1.9. ARTICLE 1O MISCELLANEOUS PROVISIONS $ 10.1 This Agreement shall be govemed by the law of the place where the Project is located. $ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A20l-2007, General Conditions of the Contract for Construction, except as modified in this Agreement. The term "Contractor" as used in A20l 2007 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. $ 10.4 Ifthe Owner requests the Architect to execute certificates, the proposed language ofsuch 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 l4 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. AlADocumentBl33rM-2014.Copyright@20l4byTheAmericanlnstituteofArchitects.All rightsreserved.WARN|NG:ThisAlA@ Documentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14.22.41 ET on 1210512019 under Order No.0674691795 \ rhich expires on 0912312020, and is not for resale. User Notes: (1936746039) lnit. 16 Meridian City Council Meeting Agenda December 17, 2019 – Page 321 of 504 $ 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 ofpersons 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 ofthe design ofthe 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 infonnation considered by the Owner to be confidential or proprietary. The Owner may provide professional credit for the Architect in the Owner's promotional materials for the Project. S 10.8 If the Architect or Owner receives infonnation specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (l) its employees, (2) those who need to know the content ofsuch information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION $ 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (lnsert amount of, or basisfor, compensation.) $3s0,900.00 $ 11.2 For Additional Services designated in Section 4. l, the Owner shall compensate the Architect as follows: (lnsert amounl of, or basisfor, compensation. If necessary, list specific services to which parlicular methods of compensation apply ) nla $ 1'1.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (lnsert amount of, or basisfor, compensation.) see exhibit A for hourly rates $ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections I I .2 or I I .3, shall be the amount invoiced to the Architect plus zero percent ( 0 %), or as otherwise stated below: nla $ 1 1 .5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: see exhibit A for complete itemized list Surveying Schematic Design Design Development Construction Documents Offsite Roadway Design R.O.W. Dedication Gravity Irrigation Utility Design Utility Record Drawings Offsite Coordination $21,500.00 30, r 25.00 47,625.00 57,400.00 53,900.00 5,600.00 2,400.00 8,200.00 1,800.00 3,000.00 AIA Document B l33rM - l U.S. Copyright Law and severe civil and criminal 14:22:41 ET on 121051201 2014.Copyright@20l4byTheAmericanlnstituteofArchitects.All rightsreserved.WARN|NG: ThisAlA@ Documentisprotectedby lnternational Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any porlion of it, may iesult inpenalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 9 under Order No.0674691795 which expires on 0912312020, and is not for resale. lnit. User Notes:(1 936746039) 17 I Meridian City Council Meeting Agenda December 17, 2019 – Page 322 of 504 Signal Light Planning Bid Altemates SWPPP Preparation Legal Descriptions Record Drawings Owner Meetings Bidding Assistance Reimbursable Expenses Electrical Design Restroom Design (Row deleted) Traffic Study (Row deleted) 800.00 7,500.00 4,850.00 12.800.00 1.800.00 8,250.00 8,450.00 2.500.00 7.400.00 s0.000.00 1s,000.00 Total Basic Compensation $350.900.00 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 pennitted to invoice monthly in proportion to services performed in each Phase ofServices as appropriate. $ 11.6 When compensation is based on a percentage of the Cost of the Work 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, in accordance with the schedule set forth in Section I 1.5 based on (l) the Owner-accepted Guaranteed Maximum Price Amendment or Control Estimate, as applicable, or (2) if the Guaranteed Maximum Price proposal or Control Estimate has not been accepted by the Owner, the most recent estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project. The Architect shall be entitled to cornpensation in accordance with this Agreernent for all services performed whether or not the Construction Phase is commenced. $ 11.7 The hourly billing rates for services ofthe Architect and the Architect's consultants, ifany, are set forth below The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (lf applicable, attach an exhibit of hourly billing rates or insert them belov.) see exhibit A $ 11.8 Compensation for Reimbursable Expenses S 11 .8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, detailed in Exhibit A, and as follows: .1 ,2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval ofauthorities havingjurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 .9 All taxes levied on professional services and on reimbursable expenses; .10 AlADocumentBl33il-2014,Copyright@20l4byTheAmericanlnstltuteofArchitects.All rightsreserved.WARN|NG:ThisAlAo Oocumentisprotectedby U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo Document, or any portion of it, may result in 1 gsevere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 ET on 1210512019 under Order No.067469'1795 which expires on 0912312020, and is not for resale. User Notes: (1936246039) lnit. I Meridian City Council Meeting Agenda December 17, 2019 – Page 323 of 504 § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Zero percent ( 0 %) of the expenses incurred. Reimbursable expenses shall not exceed $2,500 without prior approval from Owner. (Paragraphs delete(l § § 11.10 Payments to the Architect § 11.10.1 § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable net 30 days from Owner's receipt of a correct invoice. (Insert rate of monthly or annual interest agreed upon.) Zero % 0 § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work runless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to 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 terns and conditions that modify this Agreement are as follows: none 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 Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 133T"t-2014, Standard Form Agreement Between Owner and Architect, Construction Manager as Constructor Edition .2 AIA Document A201-2007, General Conditions of the Contract for Construction, as modified for this Project. .3 Other documents: (List other documents•, i(any, including additional scopes of service tbrnning part of tiro .agreement.) Exhibit A This Agreement entered into as of the day and year first written above. 0 NER (Signature) ARCHITECT (Signature) Tammy deWeerd Mayor Bruce Taylor Principal (Printed name and title) (Printed name and title) Init. AIA Document B133TM —2014. Copyright® 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in 9 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at t 14:22:41 ET on 12/05/2019 under Order No.0674691795 which expires on 09/23/2020, and is not for resale. User Notes: (1936746039) Additions and Deletions Report for AIA° Document 8133Tm - 2014 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 information 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 14:22:41 ET on 12/05/2019. PAGE 1 �,�,,�,,"�� AGREEMENT made as of the day of 1DP ejP U.1L1f in the year 2019 City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Jensen Belts Associates PLLC 1509 Tyrell Lane, Suite 130 Boise, Idaho 83706 Discovery Park Phase II 2121 E Lake Hazel Road Meridian, Idaho 83642 Kreizenbeck, LLC dba Kreizenbeck Constructors 11724 West Executive Drive Boise, Idaho 83717 PAGE Owner's preliminary program for the project is described in Exhibit A, Discovery Park Phase 2 Improvements, dated September 24, 2019. The Project consists of 77 acres located on the south side of Lake Hazel Road, approximately %z mile west of Eat Road. Phase I, consisting of approximately 27 acres has been constructed and is open to the public. Phase 11, consisting of approximately 25 acres will be the subject of this Project Unknown at time of execution Additions and Deletions Report for AIA Document B133TM — 2014. Copyright ® 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIAI Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 ET on 12/05/2019 under Order No.0674691795 which expires on 09123/2020, and is not for resale. User Notes: (1936746039) PAGE 3 txl Not Apolicable Not Applicable Mike Barton. Park Superintendent 33 East Broadway Avenue Meridian. Idaho 83642 208-888-4433 mbarton@meridiancity.ore none PAGE 4 unknown at tirne of execution unknown at time of execution unknown at time of execution not applicable AIA Document Al33-2009, 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. Michael J. Berard Kreizenbeck LLC. dba Kreizenbeck Constructors 11724 West Executive Drive Boise. Idaho 83713 Telephone 208-336-9500 Fax208-336-7444 Mobile 208-941-3199 mberard@kreizenbeck.com nla Additions and Oeletions Report for AIA Oocument 8133 ru - 2014. Copyright @ 2014 and lnternational Treaties. by The American lnstitute of Architects. All rights reserved. WARNING:This AlAo Document is protected by U.S. Copyright Law Unauthorized reproduction or distribution of this AlAo Document, orany portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software al 14.22:41 ET on jZlOStZOlg under Order User Notes: No.0674691795 which expires on O9tZ3t2O?0,and is not for resale. (1 936746039) 2 Meridian City Council Meeting Agenda December 17, 2019 – Page 326 of 504 nla n/a nla nla Bruce Taylor Jensen Belts Associates 1509 Tyrell Lane. Suite 130 Boise. Idaho 83706 208-343-717 s bruce@jensenbelts.com PAGE 5 1 Struetffie+€rgtfteer' -@ifieefr See Exhibit A See Exhibit A Additions .nd Deletions Report for AIA Document 8133'x - 20't4. Copyright @ 2014 by The American lnstitute of Architects. All rights reserved. WARNING: ThisAlAo DocumentisprotectedbyU.s.CopyrightLawandlnternationalTreaties.UnauthorizedreproductionordistributionofthisAlAe Oocument,or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document rvas produced by AIA software al 14'22'41 ET on 12105/2019 under Order No.057469'1795 which expires on O9l23l2O2O, and is not for resale. User Notes: (1936746039) nla 3 Meridian City Council Meeting Agenda December 17, 2019 – Page 327 of 504 $ 2.6 lnsurance. The Architect shall maintain the following insurance for the duration of this Agreement. l+anfe*ne $ 2.6.1 Comrnercial General Liability with policy limits of not less than One Million Dollars ($ 1.000.000.00 )for each occurrence and Two Million Dollars ($ 2.000.000.00 ) in the aggregate for bodily injury and property darnage $ 2.6.2 Autornobile Liability covering vehicles owned by the Architect and non-owned vehicles used by the Architect withpolicylimitsofnotlessthanoneMillionDollars($l.000.000'00)perclaim@for bodily injury and property damage along with any other statutorily required automobile coverage. $ 2.6.4 Workers' Compensation at statutory lirnits and Employers Liability with policy limits of not less than One Hundred Thousand Dollars ($ 100.000.00 ). $ 2.6.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than Two Million Dollars ($ 2.000.000.00 ) per claim and Two Million Dollars ($ 2.000.000.00 ) in the aggregate. PAGE 6 $ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Owner and the Construction Manager a schedule of the Architect's services for inclusion in the Project schedule prepared by the Construction Manager. The schedule of the Architect's services shall include design milestone dates, anticipated dates when cost estimates or design reviews may occur, and allowances for periods of time required ( I ) for the Owner's review, (2) for the Construction Manager's review, (3) for the performance of the Construction Manager's @Phaseservices,(4)fortheperfonnanceoftheowner,sconsultants,and(5)for approval ofsubrnissions by authorities havingjurisdiction over the Project. PAGE 7 $ 3.3.1 The Architect shall review the program and other information furnished by the Owner and Construction Manager, and shall review for compliance with laws, codes, and regulations applicable to the Architect's services. PAGE 9 Not lncluded Unless accepted and added bv Chanqe Order Additlons and Deletions Report for AIA Document Bl33'r - 2014. Copyright @ 20 14 by The American lnstitute of Architects. All rights reserved. WARNTNG:ThisAlAe DocumentisprotectedbyU.s.CopyrightLawandlnternationaiTreaties.Unauthorizedreproductionordislributionotttrisete" Document,orany portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maiimum extent possible under the law. This documentwas produced by AIA software al1422:41 ET on 12105/2019 under Order No.0674691795 which expires on ogt23t2o2o,'and is notfor resale.User Notes: (1936746039) 4 Meridian City Council Meeting Agenda December 17, 2019 – Page 328 of 504 $C.6#G€neral@ll prev:de administratien ef the eentraet betrveen the ewner and theeenstruetien Manater W Additions and Deletions Report for AIA Document B133' This AlAc Document is protected by U.S. Copyright Law any portion of it, may result in severe civil and criminal Iwas produced by AIA software at 14:22:41 ET on 12lOStZO1 User Notes: n -2014. Copyright @ 2014 by The American lnstitute of Architects. All rights resorved. WARNING: and lnternational Treaties. Unauthorized reproduction or distribution ot thls ltAu Oocument, orpenalties, and will be prosecuted to the maximum extent possible under the law. This document9 under Order No.0674691 795 which expires on O9t2gt2O2O, and is not for resale. (1 93674603e) 5 Meridian City Council Meeting Agenda December 17, 2019 – Page 329 of 504 i Manager; Subeen @ eentraet Deeuments en written request ef either the ewner er €enstruetien Manager, The Arehiteet's respense te frem the €entreet Deeuments end shall be in writing er in the ferm ef drarvings, When making sueh interpretatiens faith' The Arehitee ifltefl+ in sueh Bmounts, T ion Maneger's Appli€& Deeuments upen Snbstantial e empletien; (2) te results ef subsequent tests and inspeetiens; (3) te eerreetien ef miner deviatiens frem the Centraet Deeuments prier te eempletien; and (4) te speeifie qualifieatiens expressedby the A+ehi+ee* exhaustive or eertinneus en site inspeetiens ts eheek the quality er quantity orthe Werk; (2) reviewed eenstruetien etlen Manager ha! F6,3,3 The Arehiteet shall maintain a reeerd ef the Applieatiens and eertifieates fer Payment, $+S+Sulmi*als F#{ The Arehiteet shall review the €enstruetien Irlenager's ^ubmittal sehedule and shall net unrea^enabl}.delay Additions and Deletions R€port for AIA Document Bl33' This AlAe Document is protected by U.S. Copyright Law any portion of it, may result in severe civil and criminal 1 was produced by AIA sottware al14.ZZ:41 EI on 12lOSl2O1 User Notes: n -2014. Copyright O 2014 by The American lnstitute of Architects. All rights reserved. WARNTNG: and lnternational Treaties. Unauthorized reproduction or distribution of this AlAo Document, orpenalties, and will be prosecuted to the maximum extent possible under the law. This document 9 under Order No.0674691795 which expires on O9t23l2O2O, and is not for resale. (1936746039) 6 Meridian City Council Meeting Agenda December 17, 2019 – Page 330 of 504 iemen+€r teehniques; squenees er preeedures, The Arehiteet's approval ef a speeifie item shall net indieate appreval of an ign speeiry the apprepriat i€{# ion fer informatien, Requ Ar€hiteet's respens Speeifieatiens in respense te requests fer infennet:en, i€n W en'ner's appreval and exeeutien in aeeerdanee n'ith the eentraet Deeuments, $+S++rciee+eempt*ien S3.&$.#he+rchi+eelshall eenduet ins^eetiens tedetennine the date er dates ef Substantial €empletieeand the date ef final eempletieni issue e ertifieates ef Substantial e ernpletieni reeeive f-ern the e enstruetien Manager and ferrvard te the Owner; fer the ewner's review and reeerds; rvritten n'arranties and related deeurnents required by the Gentraet inspeetien indie eenstruetien N{anager ef Werk te be eempleted er eerreeted, plete; the r\rehiteet shall inferm the ewner abeut the balanee eontraet Sum; if any; fer final eempletien er eerreetien ef the Werk, r frem the date efsubs ity @ Additions and Doletions Roport for AIA Document B'133'r - 2014. Copyright @ 2014 by The American lnstitute of Architects. All rights reserved. WARNING: ThisAlA'DocumentisprotectedbyU.S.CopyrightLawandlnternationalTreaties.UnauthorizedreproductionordistributionofthisAlAo Document,or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA sottware al14:22:41 ET on 12105/2019 under Order No.0674691795 which expires on 0912312020, and is notfor resale. User Notes: (1936746039) 7 Meridian City Council Meeting Agenda December 17, 2019 – Page 331 of 504 S 4.1.1 Assistance with selection of the Construction Manager Not Provided E4I-2 +resrammine (B202rM 2gg @isfts e-a+"S gxisti ities sunrevs S 4.1.7 Building information rnodelins (E203rM-2013)Not Provided SaJ*---gi+feneffi€€rine $+.+.+--+aneseape-eesieft S 4.1.13 On-site proiect representation (B207rNL2008)Not Provided S 4.1.14 Conformed construction documents Not Provided S 4.1.17 Post occupancy evaluation Not Provided S 4.1.18 Facility support services (B2l0rNL2007)Not Provided $ 4.1.19 Tenant-related services Not Provided Q 4.1.20 Coordination of Owner's consultants Not Provided S 4.1.21 Telecommunications/data design Not Provided q 4.1.22 Security evaluation and planning (B206rM-2007)Not Provided $ 4.1.24 Extensive environmentally responsible design Not Provided I 4.1.25 LEEDi certification (82 l4rNt 101,)Not Provided I 4.1.26 Historic Dreservation (B205rr\{-2007)Not Provided €2ru) PAGE 10 nla PAGE 11 .8 [deleted] .10 Evaluation ofthe qualifications ofbidders or persons providing proposals; .14 .15 Services necessitated by the owner's delay in engaging the Construction Manager;-andMg4gger Additions and Deletions Report for AIA Oocument 8,133 This AIA' Oocument is protected by U.S. Copyright Law any portion of it, may result in severe civiland criminal I was produced by AIA software at 1422:41 EI on 121051201 User Notes: 1r - 2011. Copyright @ 2014 by The American lnstitute of Architects. All rights reserved. WARNTNG: and lnternational Treaties. Unauthorized reproduction ordistribution ofthis AlA6, Document, orpenalties, and will be prosecuted to the maximum extent possible under the law. This document 9 under Order No.0674691795 which expires on O9l23t2O2O, and is not for resale. (1936746039) 8 Meridian City Council Meeting Agenda December 17, 2019 – Page 332 of 504 S 4.3.2 Te aveid delay in the €enstruetien Phase; the Arehiteet shall previde the fellewing Additienal Serviees; netify the gwner wi i+e ffiiees+Not lncluded Unless accepted and added bv Chanqe Order by+he+rehi&eg with the eentraet Deeuments er where sueh infennatien is available te the eenstruetien Manater frern or-M+e+i S€rvi€€i revisiens te lnstru eernpletien; identified in Initial Infennatien; whiehever is earlier, eenstruetien+lanager ion is ien S 4.3.3Not lncluded Unless accepted and added bv Chanqe Order $ 4.3.4 ent have net been eem^leted rvithin ( ) menths ef the date of iees.Not lncluded Unless accepted and added bv Chanqe Order PAGE 12 $ 5'1 Unless otherwise provided for under this Agreernent, 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. Within l5 days efterreeeipt ef a n.ritten request frem $ 5'6 The Owner shall fumish 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 shail include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; n -2011. Copynght@2014 by The American lnstitute of Architects. All rights reserved. WARNTNG: and lnternational Treaties. Unauthorized reproduction or distribution of ttris A|A. Document, orpenalties, and will be prosecuted to the maximum extent possible under the law. This document 9 under Order No.0674691795 which expires on OgtZgt2O2O, and is nol for resale. (1936746039) Additions and Deletions Report for AIA Document 8133' This AlA" Document is protected by U.S. Copyright Law any portion of it, may result in severe civil and criminal Iwas produced by AIA software at 14:22:41 Ef on 12l0SlZO1 User Notes: 9 Meridian City Council Meeting Agenda December 17, 2019 – Page 333 of 504 adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and infonnation conceming 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. This information does not relieve the Architect of liabilit-v for failing to physically visiting the site to confirm such information. PAGE,I5 t)( ] Litigation in a court of competent jurisdiction PAGE 16 $+S+*i+atien 5 S,3,1 If the parti iafion i+fation imita+iorls pufpos€sr{e€ei @ i+ratior+ ${3-,4*+,ither"arty; at its sete d ntietty invelvd in-a f€rs€fl-erfi+ity shatl not eenst ffi der this @ $ 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributabletotenninationforwhichtheArchitectisnototherwiSe Additions and Deletions Report for AIA Document 8133il - 2014. Copyright @ 20 l4 by The American lnstitute of Architects. All rights reserved. WARNING:ThisAlAo DocumentisprotectedbyU.S.CopyrightLawandlnternational Treaties.Unauthorizedreproductionordistribution6fthisAlA@ Document,or 46any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document ll' was produced by AIA software al 14:22:41 ET on 1210512019 under Order No.0674691795 which expires on Ogt23lZO2O, and is not for resale. User Notes: (i936746039) Meridian City Council Meeting Agenda December 17, 2019 – Page 334 of 504 $10.1ThisAgreementshallbegovernedbythelawoftheplacewheretheProjectis@ iell &}.lsselcd.- PAGE 17 $ 10.7 The Architect shall have the right to include photographic or artistic representations ofthe design ofthe 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 shallgggprovide professional credit for the Architect in the Owner's promotional materials for the Project. $350.900.00 see exhibit A for hourly rates $ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections I I .2 or I I .3, shall be the arnount invoiced to the Architect plus zero percent (9_W, or as otherwise stated below: nla $ 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: see exhibit A for complete itemized list nla SurveyinePhase Schematic Design Design DevelopmentPhase Construction Docurnents Offsite Roadway Desien R.O.W. Dedication Gravitlz Irrigation Utility Design Utilitv Record Drawinss Offsite Coordination Sienal Lieht Planning Bid Altemates SWPPP Preparation Legal Descriptions Record Drawings Owner Meetinss Bidding Assistance Reimbursable Expenses Electrical Design Restroom Design ffi Traffic Stud), eens+rue+ian+hase $21.500.00 30.125.00 47.625.00 57.400.00 53.900.00 s.600.00 2.400.00 8.200.00 1.800.00 3.000.00 800.00 7.500.00 4.850.00 12.800.00 1.800.00 8.250.00 8"450.00 2.500.00 7.400.00 50.000.00 r s.000.00 pef€€rt{ @ pe+e€n( l,€+e# W w w e4) Additions and Deletions Report for AIA Document 8133n - 2014. Copyright @ 2014 by The American lnstitute of Architects. All rights reserved. WARNTNG: This AIA@ Oocument is protected by U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this Atl. Document, or r rany portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document I I was produced by AIA software at 14:22:41 ET on 1210512019 under Order No.0674691795 which expires on Oglzgt2121, and is not for resale. User Notes: (1936746039) Meridian City Council Meeting Agenda December 17, 2019 – Page 335 of 504 PAGE 18 Total Basic Cornpensation ene-hundred eer€€n( $350.900.00 +0e w see exhibit A Cmpteyee++eategery nate{$g$g) $ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, detailed in Exhibit A. and as follows: .1 ; .6 ,7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 is Preje€t; er the expe insu+an€e in ex€ess ef that n .10 Site-egee-expenser,+ne $ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Zero percent ( Q_%) of the expenses incurred. Reimbursable expenses shall not exceed $2.500 without orior approval from Owner. iee is eet as follews, s_ $ 11.10.1 under this Agree ifivei€e, $ 11.10.2 Unless otherwise agreed, payments for services shall be rnade monthly in proportion to services performed. Payments are due and payable upen presentatien ef the A-ehiteet's inveiee, Arreunts unpaid ( \ days after the Additions and Deletions Report for AIA Document 8133il - 2014. Copyright @ 2014 by The American lnstitute of Architects. All rights reserved. WARNTNG: This AlA6' Document is protected by U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or 1 2any portion of it, may resull in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14.22:41 ET on 1 2/05/201 9 under Order No.0674691795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) Meridian City Council Meeting Agenda December 17, 2019 – Page 336 of 504 0 nveiee date shall beaf unleres! at !he fate eHIeFed below, OF on the absen hereefat !he legal fate prevailing ffem fiffi-e to title a .net 30 days from Owner's receipt of a correct invoice. PAGE 19 %—Zero % none .2 AIA Document E2031111 20 3, Building infenflatien Modeling and Digital Data Exhibit, Of eemple or !heMleiµieg A201-2007 General Conditions of the Contract for Construction, as modified for this Project. Tammy deWeerd Mayor Bruce Taylor Principal Additions and Deletions Report for AIA Document B1331-2014. Copyright ® 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or 13 any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:41 ET on 12105/2019 under Order No.0674691795 which expires on 09/23/2020, and is not for resale. User Notes: (1936746039) Certification of Docu ment 3 Authenticity AIA@ Document D401,u - 2oo3 I, , hereby certifu, to the best of rny knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 1422'.41 ET on 1210512019 under Order No. 0674691 795 from AIA Contract Documents software and that in preparing the attached final docurnent I rnade no changes to the original text of AIAF Document Bl33rM -2014, 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) (Tille) (Dated) AIA Oocument D401 rr - 2003. Copyright @ 1992 and 2003 by The American lnstitute of Architects. All rights reserved. WARNING: This AlAo Document is protected by U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AIAE Document, or any portion of it, may 1result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documenl was produced by AIA software at 14:22:41 ET on 1210512019 under Order No.067469'1795 which expires on 0912312020, and is not for resale. User Notes: (1936746039) Meridian City Council Meeting Agenda December 17, 2019 – Page 338 of 504 Discovery Park Phase 2 Improvements Proposal    1    September 24, 2019      Meridian Parks and Recreation  Attn: Mike Barton  33 E. Broadway Ave.  Meridian, ID  83642      Re: Discovery Park Phase 2 Improvements    Design Services    Dear Mike;    I am pleased to respond with this proposal for the design services for Phase 2 of Discovery Park in  Meridian.  The work generally will consist of Topographic Survey, Schematic Design, Traffic Study, Design  Development, Construction Documents, and Bidding Assistance for both onsite and offsite improvements.  This proposal is based on our discussions of possible improvements in Phase 2 and anticipate the area to  be approximately 25 acres in size. Possible onsite improvements discussed are 250 parking spaces, small  restroom, 2‐3 baseball fields, pickleball courts, basketball courts, pump track, shelter and new entry drive  from the eastern collector road. Offsite improvements include roadway improvements to East Lake Hazel  Road, a new collector road along eastern limits of construction, and intersection at E. Lake Hazel and East  C o l l e c t o r .  W e  d o  n o t  i n c l u d e  f e e s  f o r  a  w e s t e r n  c o l l e c t o r  o r  e ntrance.  No  fees  are  included  for  modifications to the existing temporary driveway approach from E. Lake Hazel.    Through the process, Jensen Belts Associates (JBA) will coordinate with you and others on the Parks and  Recreation Staff. Erickson Civil Inc. (ECI), Insight Architects (IA), Musgrove Engineers (ME), and Kittleson  Associates (KA) will be sub‐consultants under JBA and will provide the Architecture and Engineering. JBA  will provide the site plan, horizontal layout, planting, and sprinkler irrigation. ECI will provide grading,  drainage, utilities, roadway design and SWPPP preparation. IA shall provide the restroom building plans,  ME will provide site electrical and KA the traffic study update. This proposal includes a budget only for IA  and KA since we do not have enough information to define their scope. We will ask KA to meet with ACHD  and prepare a proposal once schematic design is complete. This proposal may need modification once we  get a proposal from them. See attached ECI and ME proposals for more information on their scope.    ITEM 1: SCOPE OF WORK‐  Task 1: Topographic and Control Surveying  ECI will perform a topographic Survey for the site as described in their attached proposal. We are not  including a Geotechnical Report in our proposal. We assume that  the City of Meridian will provide us with  this report.    Task 2: Schematic Design  JBA IA and ECI shall prepare Schematic Design level drawings that depict all improvements expected to  occur. A base map will be prepared using the survey and anticipated improvements. JBA and ECI will  attend owner meetings as necessary.    Task 3: Design Development  JBA ECI, IA, and ME shall prepare Design Development level drawings that depict all improvements  expected to occur. Revisions to the plans are anticipated as we receive input in programming meetings  with Parks and Recreation. KA will prepare Traffic Study update based on the schematic design. This  information will be used to update the base map. JBA will provide a color rendering for use in gaining  approval by Meridian public agencies. JBA and ECI will attend owner meetings as necessary. An Opinion  Meridian City Council Meeting Agenda December 17, 2019 – Page 339 of 504 Discovery Park Phase 2 Improvements Proposal    2    of Probable Cost will be prepared by each consultant but anticipate Kreizenbeck Constructors will lead  this effort. See ECI and ME proposals for more information.    Task 4: Construction Documents     Task 4.1: Construction Documents – JBA, ECI, IA, and ME will provide construction documents as  follows:    1. Grading, Drainage and Utility Plans – ECI will prepare construction plans in accordance with  current industry standards and local agency requirements. See attached ECI Proposal  2. On Site Layout Plan – JBA will provide the final site drawings which indicate the required final  location, sizing and layout of all site elements. We will also provide necessary construction  details demonstrating the required construction of site elements specified.  3. On Site Details – ECI will provide pavement and roadway details. JBA will provide details for  landscape and site improvements other than those provided by civil. We anticipate repeating  the same design for things like baseball backstops from Phase 1 documents. We do not  include fees for structural calculations.  4. Off Site Improvement Plans – ECI will provide Roadway Plans and details.  5. Structures – IA shall provide documents for a small restroom. A pre‐manufactured shade  shelter is a possible improvement. No fees are included for footing design or wind load  calculations. This would be an additional cost paid to the manufacture of the shelter selected.  6. Structural Engineering – IA will provide as necessary for restroom. We do not anticipate  retaining walls requiring engineering.  7. Site Electrical Plan – ME will provide plan for lighting and power for certain improvements.  See attached ME proposal.  8. Specifications – JBA, ECI IA, and ME will provide specifications as needed. We anticipate using  ACHD  and  ISPWC  Standard  Drawings  and  Specifications.  City  of  Meridian  Supplemental  Specifications will be used as applicable. We do not anticipate Division 1 specifications. We  assume that Phase 1 specifications will be made available so that we match construction  methods.  9. Planting Design – We will provide design and drawings for specific plant material, layout, plant  sizes and details.   10. Site Furnishings – JBA will detail and specify as needed.  11. Irrigation Design – We will include a design for all new plantings. Pumping station is existing  and anticipate minor improvements for this phase.  12. SWPP Documents ‐ ECI will provide an Erosion and Sediment Control Plan and Narrative per  local agency requirements. This work does not include filing the Notice of Intent or on‐site  inspections of the erosion control.  13. Progress Submittals – We will provide plan sets and specs to the Owner for all required  progress submittals and agency submittal. We will address any agency and owner comments  received.  14. Owner meetings as required.     Task 4.2: Permit Submittals – JBA, ECI, IA, and ME will provide documents for use in Agency  Submittals.   Task 4.3: Bidding Assistance – JBA, ECI, IA, and ME will provide assistance during bidding. JBA and  ECI will attend pre‐bid meeting if requested. We will also be available to answer questions that  come up during the bidding process. We anticipate Kreisenbeck Constructors will lead this effort.    Reimbursable Expenses  Reimbursable  expenses  including  but  not  limited  to  mileage  and printing  shall  be  billed  per  each  consultant’s rates. Reimbursable expenses shall not exceed $500 without prior approval from the Owner.  Meridian City Council Meeting Agenda December 17, 2019 – Page 340 of 504 Discovery Park Phase 2 Improvements Proposal    3    ITEM 2: EXCLUSIONS‐    JBA provides other professional services in addition to those described above. Unless described above  and specifically included in this proposal, services including but not limited to the following are not  included in the proposed fee and shall be charged as Additional Services if required:    1. Construction Administration.  2. Project applications and agency permit/review fees.  3. Public Meetings.  4. Retaining wall design. No structural engineering included.  5. Sewage Pump Station  6. Irrigation Pump Station.  7. Utility boring.  8. Flood plain work.  9. Detailed Record Documents.  10. License Agreement Fees or Retainers.  11. Environmental Clearances.  12. Wetland or Riparian Delineations.  13. 3D Site Modeling and Renderings.  14. Surface Modeling.  15. Boundary survey.  16. Geotechnical Soils Report or Materials Testing.  17. Park Signage.  18. Construction Survey Staking.  19. Bid advertising and/or contracting.  20. See attached sub‐consultant proposals for additional exclusions       Meridian City Council Meeting Agenda December 17, 2019 – Page 341 of 504 Discovery Park Phase 2 Improvements Proposal    4    ITEM 3: DESIGN TEAM FEE PROPOSAL‐    Rural Fire District Civil Design Topographic Survey $1,500.00 Offsite Roadway Design $16,400.00 R.O.W. Dedication $3,200.00 Gravity Irrigation Tiling $2,400.00 Utility Design $8,200.00 Utility Record Drawings $1,800.00 Lead Consultant Coordination $3,000.00 Electrical Design Future Signal Planning $800.00 $37,300.00 Park Onsite & Offsite Civil Design Topographic Topographic Survey $20,000.00 Onsite Design Schematic Design $13,625.00 Design Development $27,250.00 Construction Documents $27,250.00 Offsite Design Offsite Roadway Design $37,500.00 Onsite R.O.W. Dedication $2,400.00 Alternates Bid Alternates $3,000.00 SWPPP SWPPP Preparation $4,850.00 Legal Description Legal Description & Exhibit $12,800.00 * Record Drawings Record Drawing Preparation $1,800.00 Meetings Owner Meetings $2,500.00 Bidding Bidding Assistance $2,200.00 $155,175.00 Landscape Design On & Offsite Design Schematic Design $16,500.00 Design Development $20,375.00 Construction Documents $30,150.00 Alternates Bid Alternates $4,500.00 Meetings Owner Meetings $5,750.00 Bidding Bidding Assistance $6,250.00 $83,525.00 Electrical Design Onsite Electrical Design $7,400.00 $7,400.00 Reinbursable Expenses $2,500.00 Restroom Design Architecture and Engineering $50,000.00 ** Traffic Study Traffic Study and Design $15,000.00 *** $67,500.00 Total Budget $350,900.00 *   Budget ‐ Per Each Basis (Estimated 16 @ $800 each) ** Budget ‐ No Insight Architects proposal. Scope needs defined. *** Budget ‐ No Kittleson & Associates proposal. Scope needs defined first through Schematic Design Meridian City Council Meeting Agenda December 17, 2019 – Page 342 of 504 Discovery Park Phase 2 Improvements Proposal    5    Services beyond this scope of work can be added as separate proposals or as additional services at an  hourly rate based on the below Schedule of Charges.     Our deliverables will be a stamped full‐size PDF document packages e‐mailed to City of Meridian (hard  copies upon request).  Later design revisions resulting from changes to the  approved plans will  be  considered as additional services at an hourly rate based on the Schedule of Charges below.      JENSEN BELTS ASSOCIATES  2019 SCHEDULE OF CHARGES     S t a f f            P r i n c i p a l       $  102.00  L a n d s c a p e   A r c h i t e c t      $   88.00  E x p e n s e s           C o p i e s        . 1 0   e a c h   P l o t s        5 . 0 0   s m a l l ,   6 . 0 0   l a r g e   O u t   o f   h o u s e   p r i n t i n g      A t   C o s t   Travel, telephone, postage      At Cost    C i v i l        S e e   a t t a c h e d   E l e c t r i c a l       S e e   a t t a c h e d     K E Y   P E R S O N N E L         Bruce Taylor, Principal‐in‐Charge/Project Manager  Mr. Taylor will perform the administrative function including all program, policy and contractual issues.   He will also be responsible for coordination during design phase and oversee all Design and  Documentation.       C O N T A C T           Bruce Taylor  Jensen Belts Associates  1509 S. Tyrell Ln., Ste 130  Boise, ID   83706  Phone: 343‐7175  E‐mail: bruce@jensenbelts.com    We greatly appreciate the opportunity to assist you on this project and are pleased to address any  proposal clarifications. Should this proposal meet your expectation, please signature and return a copy.    Yours truly,  JENSEN‐BELTS ASSOCIATES, PLLC      B r u c e   T a y l o r              P r i n c i p a l                S i g n a t u r e / D a t e     Meridian City Council Meeting Agenda December 17, 2019 – Page 343 of 504 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 September 24th, 2019 JBA Architects, PA Attn: Bruce Taylor, Principal 1509 Tyrell Ln. #130 Boise, Idaho 83702 SUBJECT: Discovery Park Phase 2 | Meridian, Idaho - Civil Engineering Design Services Dear Mr. Taylor, Please find this letter in response to your request for a proposal for civil engineering services as related to the new Discovery Park Phase 2 development in Meridian, Idaho. INTRODUCTION Jensen Belts Associates (JBA) has requested Erickson Civil, Inc. (ECI) to provide a scope of services to prepare civil engineering construction plans for the new twenty-five (25) acre +/- Discovery Park Phase 2 development in Meridian, Idaho. The project civil engineering design will include grading & drainage, utility plan preparation, offsite roadway improvements, SWPPP design and general coordination with the design team, and Owner. ECI will prepare a civil engineering design for submittal by JBA to the City of Meridian for review, approval, and construction. The following summary outlines tasks to be performed by ECI: 1. Project Management. 2. Complete Topographic Survey of the Phase 2 Project Area. 3. Design Onsite Civil Engineering Design and Construction Documents for an approximate 25 acre site - Grading, Drainage, Gravity Irrigation, Restrooms and Onsite Sewer and Water plans. 4. Design Offsite Roadway Frontage Improvements to include the following: a. W. Lake Hazel Rd – Extension of existing right turn lane from temporary site entrance to the east collector roadway. b. W. Lake Hazel Rd. – Extension of existing center left turn lane from temporary site entrance to a point 100-feet east of the east collector. Design 380-foot taper of thru lanes from the easterly limit of the center left turn lane, to match the existing roadway to the east. c. Intersection of W. Lake Hazel Rd. & East Collector – Design three legged 3x3 intersection (No Signal). The southerly leg of the intersection, being the east collector, at ½ of a 46-foot street section + 12’ = 35’ of pavement for 100-feet, with a 225-foot taper to a ½ of a 36’ street section + 12’ = 30’ of pavement to the Rural Fire District’s southerly property line. No curb, gutter, or sidewalk will be constructed along the Rural Fire District’s frontage. d. Design east collector along the easterly limits of park Phase 2 boundary, with right turn lanes and center left turn lanes at all park site entrances. 5. Bureau of Reclamation License agreement coordination for encroachments to the Farr Lateral Easement. 6. SWPPP preparation. 7. Construction Administration & Bidding Assistance Services. The following detailed Scope of Services outlines anticipated Civil Engineering services and coordination efforts with the project team that will be provided by ECI. Meridian City Council Meeting Agenda December 17, 2019 – Page 344 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 2 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 SCOPE OF WORK I. TASK 1 - PROJECT MANAGEMENT & TERMS A. Notice to Proceed: JBA’s acceptance of ECI’s proposal will serve as the Notice to Proceed for the work. ECI is available to begin design work immediately thereafter. B. Project Kick-Off Meeting: ECI will contact JBA to discuss and coordinate any initial coordination items required to gain additional project understanding, the intent of JBA and any other initial “Project Setup” items as necessary to begin work. C. Progress Reports: ECI will issue monthly Progress Reports to JBA complete with an estimate of percent project completion, updated project milestones, and an invoice for work completed. D. Project Schedule: ECI will prepare a project schedule for the civil engineering work that fits within the overall project schedule. The schedule will be updated on a monthly basis. E. Coordination Meetings: ECI and JBA will meet and/or have telephone conferences throughout the duration of the project based on the agenda items to be discussed. ECI will coordinate meetings with JBA to discuss current project issues and to seek feedback to keep the project tracking forward. F. Terms and Conditions: See attached “Standard Terms and Conditions” attached hereto as Exhibit A, which includes pages A1 and A2. Deliverables include: • Progress Reports • Schedule Updates • Design Coordination Meetings and Action Items JBA’s Role: • Conference calls and meetings. • Attend coordination meetings with the City, if required. • Provide necessary application and review fees. • Work with ECI to provide input in the form of review comments throughout project development. II. TASK 2 – BOUNDARY VERIFICATION AND TOPOGRAPHIC SURVEYING: ECI will perform an onsite topographic survey for project site within the limits of the Phase 2 park site, the adjacent Phase 1 park site, and the offsite roadway improvements. A title report of the property, with all underlying documentation, will be provided to ECI by JBA prior to surveying commencing. If a title report is not provided, easements or other items affecting the property may not be noted or shown on the survey drawing. It is assumed that property pins are in place to designate the property boundary. If property pins are not found, the property boundary would need to be determined under a separate scope of work. The City of Meridian has provided ECI the topographic survey for the park property for use, and reference, when performing the Phase 2 park design – By executing this proposal, JBA and the City of Meridian hereby authorize ECI to use the existing Phase 1 Park Topographic Survey CAD file for design of the Phase 2 Park, and agree to indemnify and hold harmless ECI, ECI’s officers, and consultants from and against any and all claims, to the fullest extent permitted by law. Perform a topographical surveying of the site to include the following: ▪ Conduct control surveying to establish NAVD 88 datum. ▪ Perform topographic surveying of the site area impacted by the improvements. Meridian City Council Meeting Agenda December 17, 2019 – Page 345 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 3 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 1. Survey locations of surface features on the site to include trees, ditches, fences, buildings, adjacent roads, monitor wells, visible utilities, etc. 2. Survey existing underground utility information as marked in the field by locating companies. 3. Survey location of all streets or driveways within 25’ of project area. 4. Survey grid of the project site at a 25-foot interval to create an accurate surface model of the site. 5. Survey the Phase 1/Phase 2 match conditions. 6. Survey Geotechnical Test Pit Locations and Williams Pipe Line Potholing. Deliverables: ▪ Electronic file of topographic base map and contour information. ▪ ASCII file of survey data, both electronically and hardcopy. ▪ Electronic point file containing AutoCAD surface information. III. TASK 3 – BASE MAP PREPARATION: JBA will provide ECI an AutoCAD file of the current site plan for use in preparing the final design and construction drawings. ECI will prepare the civil base map for the offsite roadway improvements. ECI will prepare a project base map utilizing the JBA project site plan, the offsite roadway improvement base, and the topographic survey. IV. TASK 4 – OWNER MEETINGS: ECI will attend meetings with the owner and design team throughout the duration of the design and construction phases of the project. This proposal is structured for meeting attendance efforts on a time & materials basis. V. TASK 5 - SCHEMATIC DESIGN: ECI will work with the design team to conceptually develop and assess the onsite development plan, and the offsite roadway improvement plans. A. Site Plan Preparation: The project site plan will be developed, prepared, and managed by JBA. JBA will provide a CAD version of the site plan for civil engineering design. B. Schematic Onsite Utility Plan: ECI will prepare a schematic utility plan that illustrates the planned onsite water, sewer, and gravity irrigation mains and service extensions. C. Schematic Onsite Site Grading and Drainage Plan: ECI will prepare a schematic site grading and drainage plan that shows the existing site topography and estimated size requirements for schematic drainage improvements. D. Schematic Offsite Roadway Improvement Design: ECI will prepare a Schematic Design layout for the proposed offsite roadway and Utility improvements. The plan will illustrate the layout, and identification of the proposed improvements and the required rights-of-ways. VI. TASK 6 - DESIGN DEVELOPMENT: ECI will develop Design Development level plan for civil engineering design items including onsite storm water disposal, onsite utility services, and offsite roadway design, as an advancement of the schematic design. The plans will include rough piping layout and preliminary BMP facility design. In addition, existing conditions will be evaluated for design alternative suitability in accordance with the City of Meridian Storm Water Ordinance. Rough space and volume requirements for drainage facilities will be estimated and discussed with JBA. The following items summarize the content of the preliminary design plans. A. Storm Water Drainage Plan: ECI will develop a preliminary grading & drainage plan for storm water disposal and include concepts for BMP’s. The plan will be used for illustration and discussion Meridian City Council Meeting Agenda December 17, 2019 – Page 346 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 4 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 purposes with owner and project design team and will be further developed, as modified, in the contract documents stage of design. B. Water and Sewer Utility Plans: ECI will develop a preliminary onsite water and sewer plans that show main and service extensions. 1. Onsite Water Design: ECI will coordinate with City regarding the design of new onsite waterline improvements. ECI will develop a preliminary design for the water distribution system. 2. Fire Hydrants: ECI will include new fire hydrants in the site utility design at the locations requested by the Fire Dept.. 3. Onsite Sanitary Sewer Design: ECI will coordinate with the City Public Works Dept. and prepare a design for a dry line sewer main through the park property, with a provision for a future connection to the existing Phase 1 restrooms. Offsite sewer service or main improvements are not anticipated. ECI does not anticipate that there will be improvements associated with phase 2 that will require sewer service since sewer service is currently unavailable. However, ECI will work with the Parks Dept. to stub a dry line sewer to anticipated future points of connection. C. Power, Telephone, Cable TV, and Gas: Utility coordination efforts and design will be performed by others. D. Pressure Irrigation: Irrigation supply, pump station, and sprinkler design will be performed by Others. E. Onsite Gravity Irrigation: The open section of the Phase 1 pump station overflow ditch will be piped, as well as the existing drain ditch that was piped to a location just southwest of the Phase 1 play area. F. Offsite Gravity Irrigation: Two open ditches located along the Rural Fire District’s W. Lake Hazel Rd. frontage will be piped, or relocated to accommodate the frontage widening of W. Lake Hazel Rd. ECI recommend piping the two ditches within the buildout alignment location to the extent possible – the final alignment will be coordinated with the Parks Dept. and the Rural Fire District. G. ACHD Offsite Roadway Design: ECI will prepare a Design Development level layout for the proposed offsite roadway improvements. The plan will illustrate the layout, and identification of the proposed improvements and the required rights-of-way. The design will be coordinated with ACHD, the Parks Department, and the Rural Fire District. H. Geotechnical investigation and Test Pits for ACHD Drainage Facilities: ECI anticipates that JBA will provide ECI a complete geotechnical report that encompasses the Phase 2 project area. The W. Lake Hazel Rd. and W. Collector roadway designs will require construction of new infiltration drainage facilities. ACHD Policy requires that for design a test pit be located within 50-feet of the proposed infiltration drainage facility. It is highly likely that the current geotechnical investigation will not have a test pit located within 50-feet of the new drainage facilities. ECI will work with ACHD to interpolate the findings of the geotechnical investigation, as applicable to the locations of the new drainage improvements, and propose to ACHD that the free draining soil depth infiltration rate be assumed for design, and verified during construction. For Scoping purposes, ECI assumes that ACHD will be agreeable to this approach and that additional test pits will not be required prior to ACHD Plan Acceptance. However, if ACHD is not in agreement to this approach for this project, ECI will notify JBA and the City, and new test pits will be required and will be completed under a supplemental Scope of Work. Meridian City Council Meeting Agenda December 17, 2019 – Page 347 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 5 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 I. Williamson Pipeline Coordination: ECI will provide the civil design to the Williams Pipeline for early review and coordination. Input received from the Williams Pipeline will be communicated to the design team. Crossing requirements, locations and design requirements will be discussed with Williamson. It’s anticipated that the City will provide potholing at all crossing locations as part of the Construction Document Phase of design. J. Bureau of Reclamation License Agreement: ECI does not anticipate relocation of any Bureau of Reclamation (BOR) facilities. ECI will coordinate with the BOR by submitting the project design for review, approval, and license agreement preparation. ECI anticipates that the plan review and license agreement process will not take more than 30 days. K. Preliminary Agency Coordination: ECI will meet with the City and ACHD, if necessary, to review and refine the development plan. L. Opinion of Probable Cost: ECI will prepare a supplemental Opinion of Probable Cost for the DD plan submittal to the City. It’s anticipated that Kreizenbeck Constructors will lead the cost estimating efforts, and prepare final construction cost advisement to the City of Meridian. VII. TASK 7 – CONSTRUCTION DOCUMENTS: ECI will prepare final construction plans for civil engineering design items including onsite grading & storm water disposal, offsite roadway plans, water & sewer services, and the project SWPPP. The plans will be an advancement of the Design Development plans to include additional details, calculations, specifications and other design team coordination items. The following items summarize the content of the Construction Documents. A. Water and Sewer Utility Plans: ECI will finalize the onsite water and sewer plans that show main and service extensions. 1. Onsite Water Design: ECI will develop detailed construction drawings, details and specifications for construction of onsite water service extensions to serve the project and will submit plans to the Suez for review and approval. Onsite easements will be required by Suez for the water system main infrastructure – easement legal descriptions and exhibits will be prepared by ECI as outlined in the Fee section of this proposal. 2. Fire Hydrants: ECI will include new fire hydrants in the site utility design at the final locations requested by the Fire Dept. 3. Onsite Sanitary Sewer Design: ECI will develop construction drawing, details, and specifications for the onsite sewer system, including stubs to future service locations. B. Power, Telephone, Cable TV, and Gas: Utility coordination efforts and design will be performed by others. C. Pressure Irrigation: Irrigation supply, pump station, and sprinkler design will be performed by Others. D. Onsite Gravity Irrigation: ECI will finalize the design for the open section of the Phase 1 pump station overflow ditch will be piped, as well as the existing drain ditch that was piped to a location just southwest of the Phase 1 play area. E. Offsite Gravity Irrigation: ECI will finalize the design of the two open ditches located along the Rural Fire District’s W. Lake Hazel Rd. frontage will be piped, or relocated to accommodate the frontage widening of W. Lake Hazel Rd. Meridian City Council Meeting Agenda December 17, 2019 – Page 348 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 6 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 F. ACHD Offsite Roadway Design: ECI will prepare the final design for the proposed offsite roadway improvements. Legal descriptions and exhibits will be prepared for new right of way dedications. ACHD will prepare the PSA’s for all new ROW dedications. ECI will provide the Parks Dept. the PSA for the Rural Fire District ROW dedication, for Parks to coordinate signature acquisition. The final design will be submitted to ACHD for plan review and approval. G. Williamson Pipeline Coordination: ECI will provide the final civil design, complete with crossing details, to the Williams Pipeline for review and license agreement preparation. Legal Descriptions and exhibits will be prepared for the crossings for inclusion in the license agreement. H. Williams Pipeline Potholing at Crossing Locations: ECI will recommend potholing locations to the City of Meridian who will coordinate and provide potholing for roadways, utilities, and other improvements that will cross the Williams Pipeline. ECI will survey the potholed locations to identify the exact horizontal and vertical position of the pipelines at the crossing locations for use in prepared the design of the crossings. I. Bureau of Reclamation License Agreement: ECI does not anticipate relocation of any Bureau of Reclamation (BOR) facilities. ECI will finalize design coordination with the BOR, and request that the BOR finalizes the license agreement for encroachment to the Farr Lateral easement. ECI will forward the License agreement to the City for signature once available. J. ACHD License Agreement: ECI will coordinate with ACHD and JBA to prepare a license agreement for landscape, and other improvements, located within the ACHD right-of-way. K. Bid Alternates: ECI has included a task in the Fee section of this proposal for bid alternate incorporation in the civil design plans. This Scope of Work includes incorporation of up to (3) bid alternates to be incorporated at the request of the City. The intent of the bid alternates is to provide a minor design change for the purpose of easily adding, or removing, a design feature without major redesign. ECI will notify JBA and the City if a specific Bid Alternate would require major alternate design preparation, which would be completed under a separate Scope of Work. L. Project Specifications: ECI anticipates using the current edition of ISPWC Standard Drawings and Specifications, and the City of Meridian Supplemental Specifications as applicable thereto. The ACHD 2017 Supplemental Specifications to the ISPWC will be utilized for work within the public right-of- way. M. Opinion of Probable Cost: ECI will prepare a supplemental Opinion of Probable Cost for the CD plan submittal to the City. It’s anticipated that Kreizenbeck Constructors will lead the cost estimating efforts, and prepare final construction cost advisement to the City of Meridian. N. Prepare 100% Construction Drawings: ECI will finalize the construction drawings for submittal to the appropriate agencies for approval. ECI anticipated a single set of construction plans for a single phase of construction, without early start plan sets. O. Building Permit Submittal 1. ECI will provide a final Civil Engineering plans for building permit submittal by JBA. VIII. TASK 8 – LEGAL DESCRIPTION AND EXHIBIT PREPARATION: It is anticipated that legal descriptions and exhibits will be required for various easements and dedications. ECI will determine the easement and dedication needs and will coordinate the easement dedications. It’s anticipated that easement acquisition will progress smoothly without delay. Easement acquisition services will be performed on a Meridian City Council Meeting Agenda December 17, 2019 – Page 349 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 7 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 time and materials basis. Legal Description and Exhibit preparation will occur on a per each basis as needed. See Fee Estimate section of this proposal. IX. TASK 9 – STORM WATER POLLUTION PREVENTION PLAN - ECI will prepare a Storm Water Pollution Prevention Plan as required by the EPA. Deliverables will include a plan drawing. EPA permitting including NOI’s; SWPPP implementation, management, and maintenance; and NOT’s will be performed by others. X. TASK 10 – BIDDING ASSISTANCE: ECI will attend pre-bid meeting if requested. In addition, ECI will be available to field questions of bidders that arise during the bidding process. Bidding Documents will be prepared by others. XI. WORK NOT INCLUDED: This item is included for reference to ensure that there is a concise understanding of what tasks ECI has not included within this Scope of Services. Several of the items are either not anticipated to complete the project or are services assumed to be provided by others to avoid duplication of efforts. Please notify us if you feel a need for ECI to include any of the tasks identified below; we are certainly able to modify our Scope of Services to incorporate any additional project needs. A. Construction Administration. (Not Anticipated/Under Separate Scope of Work) B. Project applications and permit/review fees. (To be prepared and paid by JBA) C. License agreement preparation fees. (By Others) D. Retaining wall design. (By Others) E. Pervious concrete/pavement design. (Not Anticipated) F. Building design. (By Others) G. New sewage pump station design. (Not Anticipated) H. Bulk printing. (Not Anticipated) I. Utility boring. (Not anticipated) J. Potholing services for subsurface utility exploration – Williamson Pipeline. (By City of Meridian) K. Floodplain work including, permitting, modeling, map adjustments, LOMR-F, LOMA. (Not Anticipated) L. Record drawing preparation for items except City water & sewer mains. (Not Anticipated) M. Attorney retainer fees for license agreements. (By Others) N. Traffic Impact Study, Signal Warrants, and Other TIS related work. (By Others) O. Environmental clearances environmental clearances including but not limited to investigations, studies, surveys, delineations, or assessments. (Not Anticipated) P. Wetland and riparian delineations. (Not Anticipated) Q. Developing, assembling, and reproducing contract and bidding documents. (Not Anticipated) R. Hydraulic capacity evaluations of existing water and sanitary sewer systems. (Capacity information will be provided by the City of Meridian) S. Trash enclosure and other site amenity design. (By Others) T. Fire sprinkler design & fire service line sizing (By Others). U. Record of Survey, ALTA Survey, and Platting. (Not Anticipated) V. Easement agreement creation – Use Agency Standard Forms. (Not Anticipated) W. Site lighting. (By Others) X. Construction Surveying. (By Others) Y. Life safety analysis & associated tasks. (By Others) Z. Offsite utility extensions. (Not Anticipated) AA. Separate Permit Submittals – ECI anticipates a single phase of work and Construction Documents. (Not Anticipated) BB. CZC, Conditional Use, Rezone, or other entitlement applications and/or proceedings. (By Others) CC. Pressure irrigation pump station upgrades. (By JBA). DD. Site Plan Preparation – JBA will provide ECI a site plan for design purposes. (By Others). EE. Well design, water right acquisition or transfers. (Not Anticipated). FF. Legal proceedings and or protests. (Not Anticipated). Meridian City Council Meeting Agenda December 17, 2019 – Page 350 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 8 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 GG. Landscaping, irrigation, sprinklers, and fencing. (By Others) HH. Existing utility relocations and existing easement vacations. (Not Anticipated) II. Geotechnical Investigation (To be provided to ECI by JBA for pavement & drainage design). JJ. Modifications to Williams Pipeline. (Not Included) KK. Signal Design at Intersection of East Collector & W. Lake Hazel Rd. (Not Anticipated/By Others) LL. Commercial collector along west Park property boundary, round-a-bout turn around, and associated right turn lane and center left turn lanes on W. Lake Hazel Rd. (Not Anticipated/By Others) MM. East Collector south of park entrance. (Not Anticipated) NN. Collector along south Park property boundary. (Not Anticipated) OO. Offsite right-of-way or easement acquisition. (Not Anticipated) PP. Modifications to the Farr Lateral bridge structure, including guard rail, for the W. Lake Hazel Rd widening. (Not Anticipated) QQ. Relocation, or modification to any Bureau of Reclamation Irrigation Facilities. (Not Anticipated) RR. Modifications, analysis, or work related to the existing Phase 1 septic system. (Not Anticipated) SS. ACHD Commissioner Meetings. (Not Anticipated) TT. All analysis and design work related to the intersection of S. Eagle Rd. and W. Lake Hazel Rd. (Not Anticipated/By Others) UU. Bid Alternates in excess of (3) three, or that require major alternate design preparation. (Not Anticipated) VV. Modifications to the existing Park temporary approach to W. Lake Hazel Rd. (Not Anticipated) WW. Joint Trench Design Fees. (By Others) FEE ESTIMATE XII. FEE ESTIMATE - RURAL FIRE DISTRICT Offsite Roadway Civil Engineering Design Tasks (Rural Fire District Frontage) I. Topographic Survey $ 1,500 II. Offsite Roadway Design $ 16,400 III. Right-of-Way Dedication, Legal Description & Exhibit Preparation $ 3,200 IV. Gravity Irrigation Tiling $ 2,400 V. Utility Design (Water, Sewer, Joint Trench Coordination) $ 8,200 VI. Utility Record Drawing Survey and Drawing Preparation $ 1,800 Lump Sum Design Fee $ 33,500 XIII. FEE ESTIMATE - PARK ONSITE & OFFSITE Topographic and Control Surveying VII. Topographic and Control Surveying $ 12,700 VIII. Geotechnical Test Pit & Williams Pipe Line Pothole Surveying Tie-Ins $ 3,500 IX. Record Drawing Survey for City Water & Sewer Mains $ 3,800 Lump Sum Design Fee $ 20,000 Onsite Civil Engineering Design Tasks X. Schematic Design $ 13,625 XI. Design Development $ 27,250 XII. Construction Documents $ 27,250 Lump Sum Design Fee $ 68,125 Offsite Roadway Civil Engineering Design Tasks (Park) XIII. Offsite Roadway Design $ 37,500 XIV. Onsite Right-of-Way Dedication, Legal Descriptions, & Exhibits $ 2,400 Lump Sum Design Fee $ 39,900 Meridian City Council Meeting Agenda December 17, 2019 – Page 351 of 504 Discovery Park Phase 2 – Meridian, Idaho September 24th, 2019 Project No. 101929 Page 9 of 10 6213 N. Cloverdale Rd. - Suite 125 - Boise, Idaho – t.208.846.8955 – f.208.846.8955 – c.208.867.3954 Bid Alternates (As Requested by Owner) XV. Bid Alternates (3 Included) $ 3,000 Lump Sum Design Fee $ 3,000 Storm Water Pollution Prevention Plan XVI. Storm Water Pollution Prevention Plan $ 4,850 Lump Sum Design Fee $ 4,850 Legal Description & Exhibit Preparation XVII. Legal Description & Exhibit Preparation $ 12,800* Lump Sum Design Fee $ 12,800* Record Drawing Preparation for City Water & Sewer Mains XVIII. Record Drawing Preparation for City Water & Sewer Mains $ 1,800 Lump Sum Design Fee $ 1,800 Owner Meetings (As Requested) XIX. Owner Meetings (As requested) $ 2,500 Lump Sum Design Fee $ 2,500 Bidding Assistance XX. Bidding Assistance $ 2,200 Lump Sum Design Fee $ 2,200 *Legal Descriptions and Exhibits: All legal description needs have not yet been determined for the project and will be resultant of the investigation and design process. ECI has included (16) legal descriptions and exhibits will be required to complete the project – Additional legal descriptions will be prepared on a per each basis at a rate of $800.00 each; Additional exhibits descriptions will be prepared on a per each basis at a rate of $800.00 each; Additional work items not include within this Scope of Services will be provided on a time and materials basis under a supplemental Scope of Work. Hourly Rates for Time and Materials Work are as follows: Principal = $125.00; Project Manager = $105.00; Project Engineer = $95.00; Technical Designer = $85.00; Survey Crew = $160.00; PLS = $115.00: Clerical = $55.00. If this proposal is acceptable, please secure the appropriate signature on the attached Notice to Proceed and return one original copy to Erickson-Civil, Inc. We would appreciate the opportunity to further discuss this proposal with you if you should have any questions. I will be the single point of contact for questions and coordination efforts related to the project. Sincerely, ERICKSON-CIVIL, INC. Ross K. Erickson, P.E. Project Manager Meridian City Council Meeting Agenda December 17, 2019 – Page 352 of 504 MUSGROVE ENGINEERING, P.A. 234 S. Whisperwood Way Boise, Idaho 83709 Ph: 208-384-0585 Fax: 208-384-0765 www.musgrovepa.com Charles E. Paulin, P.E. – Principal Bill A. Carter, P.E. – Principal Todd Nelson, P.E. – Principal Kurt Lechtenberg, P.E. – Principal Jason Rice, P.E. – Principal Thad Mason, P.E. – Principal April 29, 2019 Jensen Belts Associates 1509 Tyrell Lane, Ste. 130 Boise, Idaho 83706 ATTENTION: Bruce Taylor RE: Engineering Fee Proposal – REVISED Project – Discovery Park Phase 2 Dear Bruce: We appreciate the opportunity to be a part of your design team on the above referenced project. Based on my understanding of the project, I would propose to provide the following fees for our services: Electrical: Design & Construction Documents: Fixed Fee ................................................................... $ 8,200.00 Reimbursable Expenses: Expenses (mileage, printing, travel, deliveries) will be billed at cost. The above fees are based on the following scope of work: Electrical Design & Construction Documents: - Interior lighting, exterior building lighting, and lighting controls to meet applicable energy code requirements. - Emergency and Exit lighting as required by codes. - Interior and site power distribution, including coordination with the local utility. - Softball field lighting and controls (2 to 3 fields). - Parking lot lighting and controls. - Power distribution for picnic shelters. - Electrical provisions future restrooms structure and electrical systems south of the Phase 2 area. - Electrical services coordination for traffic signal at Lake Hazel and the new access road. - Energy Code Lighting Compliance forms. - Electrical specifications, either on the drawings or in a project book. - Bidding/Negotiation services. The following services are not included in the above fees. - Traffic signal system design. - Opinion of probable construction cost. - Value engineering revisions after bidding. - Record drawings. - Construction Administration. Services provided on an hourly basis shall be at the following hourly rates for 2019. Services provided beyond 2019 shall be at the rates in effect at the time of service. Principal ................................................................... $160.00/hour Senior Project Engineer ........................................... $130.00/hour Energy Modeling ...................................................... $130.00/hour Project Manager ...................................................... $120.00/hour Project Engineer ...................................................... $100.00/hour Project Designer ...................................................... $ 90.00/hour Meridian City Council Meeting Agenda December 17, 2019 – Page 353 of 504 234 S. Whisperwood Way Boise, ID 83709 Ph: 208-384-0585 Fax: 208-384-0765 www.musgrovepa.com OVER 40 YEARS OF EXCELLENCE CADD Operator ....................................................... $ 80.00/hour Administrative Assistant ........................................... $ 80.00/hour Expenses (mileage, printing, travel, deliveries) ........ Billed at Cost Billings for services are issued on a monthly basis and are due within 30 days following the billing date. Any amounts unpaid at the end of 60 days following the billing date will accrue interest (from the billing date) at the rate of 1½% per month, which will be added to the unpaid balance. Musgrove Engineering will perform its services using the degree of care and skill ordinarily exercised by design professionals performing similar services in the same locality under similar circumstances and conditions. I sincerely appreciate the opportunity to present you with this proposal, Bruce. If this proposal meets your approval, please sign it in the appropriate space below and return it to me, retaining a copy for your files. Respectfully, Kurt Lechtenberg, P.E., LEED AP KL/eby Project: Discovery Park Phase 2 – REVISED Client: Jensen Belts Associates Approved this _______ day of ______________ , 2019. By_____________________________ ______________________________ (Please Print Name & Title) (Signature) Note: We cannot begin work on any project without receipt of a signed contract. Payment for services is due after completion of services – whether or not the project proceeds into construction. Meridian City Council Meeting Agenda December 17, 2019 – Page 354 of 504