board of county commissioners agenda thursday, … · 2015-06-18 · fw: cox communication go all...

BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, JUNE 18, 2015, 9:00A.M.

COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Consider approval of Resolution No. 2015-51 authorizing the County Treasurer to cancel and reissue a check-Commissioner Cook.

2. Acknowledge receipt of correspondence from Cox Communication regarding total transition from analog to digital television service effective July 14, 20 15-County Clerk.

3. Consider approval of request to pay invoice for expert witness fees in the amount of$3,534.50-District Attorney.

4. Acknowledge receipt of the FYO 15 TIGER Grant Submittal for the Willard Bridge ProjectPublic Works/Solid Waste.

5. Consider approval of Resolution No 2015-52 authorizing the destruction of725 boxes of medical records in accordance with Kansas State Historical Society records management guidelines--Local Health Department.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. DEPARTMENT OF CORRECTIONS-Brian Cole

I. Consider approval of request to fill one vacant Custodian position at an annual salary, including benefits, of $31,149.26.

2. Consider approval of request to fill one vacant Social Worker-MSW position at an annual salary, including benefits, of $46,736.87.

3. Consider authorization and execution of Contracts C223-2015 through C226-2015, Memorandum of Agreement (MOA) with the Unified Government of Wyandotte County; Jackson County Sheriffs Office; Jefferson County Sheriff's Office; and Osage County Sheriffs Office for the temporary housing of prisoners in the event of an emergency situation.

C. FACILITIES MAINTENANCE-Bill Kroll

I. Consider authorization and execution of Contract C227-2015 with Davis Fence Company for the purchase of an automated gate system at the parking Jot entrance of the new Elections Office for the sum of $7,976.48 funded by the Capital Outlay Fund.

2. Consider authorization and execution of Contract C228-2015 with Fremont Industries to provide water treatment supplies and services for courthouse HV AC equipment at an annual cost of $3,180.00.

D. PARKS AND RECREATION -John Knight

1. Consider request to negotiate an agreement with Wolf Construction for design/build services for a sound wall at Old PrairieTown at Historic Ward-Meade site.

2. Consider request to negotiate an agreement with Schmidtlein Excavating for design/build services for Domwood Ball Field renovations.

3. Consider request to negotiate an agreement with Professional Engineering Consultants for design services for Lake Shawnee spillway repairs.

4. Consider authorization and execution of Contract C229-2015 with BA Green Construction for the design build of an Aquatic Park and Splash Pad near SW 21st and Urish Road and a new aquatic feature at Domwood/Robinson Family Park at a fee of 4 \t2 percent of the construction costs and will allow B.A. Green to initiate the design work necessary to develop a guaranteed maximum price for the projects, who will return to the Board of Commissioners with design options and a guaranteed maximum price.

5. Consider approval of request to negotiate a contract with Yamaha Motor Corporation for rental and maintenance of golf carts.

6. Consider authorization and execution of Contract C230-2015 with Tare, Inc. for the operation of the 2015 Winter Wonderland event held at Lake Shawnee at a cost to the county of$1,566.00 with revenue to the Parks and Recreation Foundation of 12% of the total not to exceed $16,500.00.

E. EMERGENCY MANAGEMENT-Dusty Nichols

I. Consider authorization and execution of Contract C231-2015 with the North Central Regional Planning Commission for the transfer of a laptop.

F. HUMAN RESOURCES-James Crowl

1. Consider authorization and execution of Contract C232-2015 with CBIZ for a compensation study for Shawnee County at a cost of $63,400.00.

G. INFORMATION TECHNOLOGY-Pat Oblander

1. Consider authorization and execution of Contract C233-2015 with Alexander Open Systems, Inc. for support of the EMC Storage Area Network arrays at a cost of$25,806.71.

H. COUNTY COUNSELOR- Rich Eckert

1. Legislative update.

I. AUDIT FINANCE-Betty Greiner

1. Update on expenditures and revenues.

J. COMMISSION

1. Reflect appointment by Commissioner Archer of Troy Showalter to the Civil Service Board representing District 3.

V. ADMINISTRATIVE COMMUNICATIONS

I. Notification of a mutual aid request from Pottawatomie County-Emergency Management.

VI. EXECUTIVE SESSIONS

SHAWNEE COUNTY BOARD OF HEALTH MEETING AGENDA

JUNE 18, 2015

To he held immediately following the regularly scheduled

Shawnee County Board of County Commissioner Meeting at the

Shawnee County Courthouse, 200 SE 7th Street, Room B-11

1) Welcome and Introductions

2) Importance of Immunizations

3) Local Immunization Activities

4) Maternal and Child Health

5) Community Health Needs Assessment

6) The Changing Transportation Culture

7) Public Comments

8) Closing Comments

Shawnee County Office of County Treasurer

LARRY MAH Room 101, Courthouse, Topeka, Kansas 66603

Phone 785-233-8200 Ext. 5161 http://www.co.shawnee.ks.us

RESOLUTION NO. dP\ 6 -5 I

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY,

:UC_j_

KANSAS sitting in regular session this 18th day of June, 2015, that the Shawnee County Treasurer be

authorized and directed to cancel the following check(s):

NAME OF VENDOR James L Moore

REASON Due to Clerical Error

FUND 85THOOO

CHECK 20019283

AMOUNT $72.97

ISSUED 05-26-15

Also authorize there-issuance of said check(s) as follows:

NAME OF VENDOR James L or Victoria L Moore

ATTEST:

Cynthia A Beck, County Clerk

AMOUNT $72.97

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J Cook, Chair

Michele A Buhler, Vice Chair

Robert E. Archer, Member

• • • ; • • ~ I •. ·: . :.:. : .. · .I.

AFFIDAVIT FOR STOP PAYMENT ON LOST WARRANT K.S.A.l0-706

V\c-\-ar-'tO\ L fYloc)re states that

I o ~ '5. f3o.a~Cffi b± infOcl Scat± , r\5 (address) (city) (state)

she. resides

and is the owner and titled

at

to the possession of a certain warrant issued by the County· of Shawnee, State of Kansas, through the

County Treasurer of said County, dated mo.y ~~ , 20J5_, and numbered

.,;:( 0{) \9~ ~ 3 in the amount of $ ] ~ . g] , and payable from the "1c~\61 1 ~':IT\-\ DUO fund, numbered of said County, ·which warrant

(no. offund)

was issued to ..\o.me.."" L. {'rtN-e on the ~ Le "ih. -.- day of ty\ v.. 'f , 20 J.5_, by said

County Treasurer in payment for fDcctnc \le De..\ e.. lo:Js +\ Q.Y:.f' 'S

AFFIANT further states fuat on or about the 3r!J day of. h i(\e. , 20 \S , said warrant

was lost, destroyed or stolen in the following manner:

C bee \;. r ()CAS \ssl.)-ed ±D , \o..Me.:s L . [\N:>Ce. l..uha · '' ckc.Rv..~ed ~+shtt2\d mve.. 'tf\Ch)ded \/·tc1r:r\O. L. [\core DC\ -+De chec 1s-- .

AFFIANT further states that 5~ has not disposed of said warrant to any other person or persons, nor given any person or persons, any transfer, power of attorney, order or other authority of any kind or nature to transfer, or dispose of the said warrant; and further states that he makes this statement of the above facts, for the purpose of inducing the said County Treasurer to issue to this affiant a replacement warrant in place of the said warrant described and number as above.

"-~ :/.1lf&pu STATE OF KANSAS )

) SS: COUNTY OF SHAWNEE)

SIGNATIJRE

Jana Wilson Notary Public - State of Kansas

My Commission Expires .;). ~ 1 2 -r--""' --·-

Subscribed and sworn to before me this ___ q£.....~-----da.y _of \.. J L{ nt 20 lS

My Commission Expires on the :2 5 day of Fe bvLlo. ~n./ , 20 I~ . I --

Please complete this form and mail to: Larry K. Mah, SHAWNEE COUNTY TREASURER SHAWNEE COUNTY COUR1HOUSE, RM. 101 Topeka, KS 66603

N Y PUBLIC or COUNTY TREASURER

RECEIVED BY COUNTY TREASURER NAME ___________ _

DATE ________________ _

~:~~·~.rf~~t':is~, "' .. ~--... ~·, KihS~~s

Department of Revenue

Kansas Department of Revenue, Division of Vehicle, Topeka, Kansas

Kansas Refund Summary

Moore, Jame~ I

l9L. ~ '5 \Zo.n~""b\1\ ~"T ~rr Sc..otr Ks LQ~LD \ Shawnee County 1

DATE: 04/29/2015

PLATE TYPE: Standard

PLATE#: 555GBB

Tax Class Code: 018

p Moore, James L A Or Y Moore, Victoria L

T

VIN: 3FAHPOHA 1AR258675

MAKE: FORD

STYLE:4D

o ~'2 ~ 'S \2c. n.<&(Jm ~'T ~rt" ~c_t:rTr l ~~ ~(J'lD\ Refund Transaction Information:

Property Tax Refund Prior Year(s)

Property Tax Refund Current Year

RV Property Tax Refund Prior Year(s)

RVProperty Tax Refund Current Year

Registration Refund Prior Year(s)

Registration Refund Current Year

Total Refund

Shawnee County Treasurer's Office Mailing Address: 200 SE 7th, Room 101, Topeka, KS 66603 Phone Number(785) 233-8200 Fax Number(785) 291-4900

Year: 2010

MODEL: Fusion

Amount

$0.00

$62.97

$0.00

$0.00

$0.00

$10.00

$72.97

/

: __ ······~·-····· ····-·.:

~--- -- ---- --------

Shawnee County - T~'"'~of Topeka, Kansas (785) 233-8200 exl 5161

PRIOR REFERENCE

NV058961 Refund -

io. Treasurer of . Shawnee CountY Topeka, Kansas (785) 233-8200 exl 5161

I -.

: ' VENDOR ID·

Q058972

--~----········----

j_ _____________________ j : ______________________ ] : ; -----------------·-····

VENDOR NAME ..

I JAMES L MOORE

DESCRIPTION

UMB. . DATE·

_, _ _.. .. , ..

05/26/15 PAY

SEVENTY TWO Dollars and NINETY SEVEN Cents

TO THE JAMES L MOORE ORDER OF 623 S RANSOM ST

FORT SCOTT, KS 66701

CHECK DATE CHECK NO.

I 05/26/15 I 20019283

AMOUNT

72. 9'

I TOTAL 72.9

36-1901/1012

.·,· · CHECK. NO~ ' ~- .:.: AMOUNT · .... ·.

20019283 **********72.97 VOID IF NOT CASHED WITHIN 180 DAYS

SHAW1004

Bank ID:

Account Number:

Serial Number:

Amount:

Reason: Additional Data: Memo: Response:

Event

Entered Approved In Process

Lost Check

User

CASSANO CASSANO SYSTEM

Total For Account: 1

Total Place Stops: 1

72.97

User Group

SHAW1004 SHAW1004

Place Stop

Bank Name:

Account Name:

Range:

Check Issue Date:

Stop Duration:

Date/Time

UMB Bank, n.a.

Operating CDA

20019283

12 Months

12-Jun-2015 12:39:29 PM 12-Jun-2015 12:39:29 PM

12-Jun-2015 12:40:13 PM

Page 1 of 1

Batch ID Vendor ID Vendor Name

Q5JR521B 0058972 MOORE, JAMES L

County Of Shawnee

Open Hold Distribution Detail

From 01/01/2015 to 06/12/2015

PO No. PR No. Invoice No.

INV058961

INV058961

User: HALDERCA- Cassie Halderman Page:1 Report:AP _OHDTL_DD_TAM- AP: Open Hold Detail Report-Drill Down

Post Date GL Account Code

05/22/2015 GL 70HB719-50702

05/22/2015 GL 85TH000-50705

Check No.

AP 20019283

AP 20019283

Transaction Amount

10.00

62.97

Total for Batch Q5JR521B: 72.97

Report Total:

06/12/2015:Current Date 12:12:56 :Current Time

72.97

Harper, Cindy

From: Sent: To: Subject:

Beck, Cyndi Thursday, June 11, 2015 4:25 PM Harper, Cindy FW: Cox Communication Go All Digital Update

From: Allen, Lisa (CCI-Central Region) [mailto:[email protected]] On Behalf Of Stamp, Curt (CCI-Central Region) Sent: Thursday, June 11, 2015 3:50PM Subject: Cox Communication Go All Digital Update

Dear Franchising Authority,

-

As follow-up to my first letter introducing Cox Communications' evolution to an all-digital network in Kansas, I'm writing with an update. We're excited about how this investment in our network will benefit customers. As you know, Cox customers transitioning from analog to digital television service will immediately enjoy better picture and sound quality and, in many cases, access to more channels and the interactive channel guide. The added capacity will also support future product development, such as faster Internet speeds.

As Cox transitions customers to all-digital service, starting on July 14 2015, Cox will no longer be delivering the analog version of multiple cable channels. Customers will need to acquire digital equipment from Cox for each television in order to continue to receive these channels. The channels impacted include Animal Planet (SO 56, HD 2056), Food Network (SD 40, HD 2040), E! (SO 59, HO 2059), TV Land (SO 48, HD 2048), and A&E (SO 41, HO 2041). Equipment options include a CableCARD ($1.99/mo.), a mini box ($1.99/mo.) or an Advanced TV Receiver ($8.50/mo.). Promotional pricing for various equipment options will also be available. Customers can visit www.cox.com/goalldigital or call Cox for further information.

We look forward to providing a better TV viewing experience and future product enhancements with an all-digital network. We will also send notification as our all digital evolution nears completion. Meanwhile, if you have any questions, please feel free to visit cox.com/goalldigital or contact me at 479-717-3747.

Sincerely,

Curt Stamp Field Vice President - Government Affairs Cox Communications Central Region

1

TO:

FROM:

DATE:

RE:

OFFICE OF THE DISTRICT ATTORNEY THIRD JUDICIAL DISTRICT OF KANSAS

Chadwick J. Taylor, District Attorney

MEMORANDUM

Board of County Commissioners· ~

Chadwick J. Taylor, District Attorn~

June 15,2015

Request for Payment from DA Budget

The District Attorney's Office wishes to pay the following invoice from the DA Budget:

I) Logan & Peterson, PC for expert witness fees a) Invoice dated June 3, 2015 in the amount of $3,534.50

The District Attorney's Office hereby requests placement on the consent agenda for consideration of the above invoice, in the total amount of $3,534.50, to be paid from the DA Budget.

Shawnee County Courthouse 200 SE 7th Street, Suite 214 • Topeka, Kansas 66603 • {785) 251-4330

03 2015 09:23AM Logan & Peterson, P.C. 8168429980 page 1

LOGAN & PETERSON!) PC· FORENSIC, ADOLESC~NT AND.ADULT PSYCHIATRY

.WILUAM S. LOGAN, MD

STEPHENE.PETERSON,MD

0 428 WEST 42ND STREET KANSAS CITY, MISSOURI 64111 TELEPHONE: (816) 8.4.2·.2600 FAX: (816) 842·9980

June 3, 2015

Assistant District Attorney Office ofthe District Attorney Third Judicial District ofKansas Shawnee County Courthouse 200 SE 7th Street, Suite 214 Topeka, Kansas 66604-Telephone: · 785~i51

Re:CaseN~·

Date Service

4/13/15 Review of charge and Documents and 7 Competency evaluations

4/22/15 Tel~ult wit

5113115 Review documents from defense

5/14/15 Examination

Time(hr)

1.5

.2

.6

2.3 5/14/15 Travel time (rd trip KCMO- 2.25

Topeka)

Rate/hr

$300.00

$300.00

$300.00

$300.00 $150.00

5/14/15 Mileage (round trip) I 36 @ .50/mile .5/27/15 to Report 5.83 $300.00 6/2/15 Preparation

Please make check pay~ble to:. Logan & Peterso~ P.C. EIN 43-1646086

Received Time Jun. 3. 2015 8:54AM No. 7383

Q 231 S. BEMISTON, SUITE BOO

CLAYTON, MISSOURI631.05 TEI...E:PHONS:: (314) 236-49 I 4

F'AX: (314) 2.36-49.2~

Charge Total

$450.00 $450.00

$ 60.00 $510.00

$180.00 $690.00

$690.00 $1380.00 $337.50 $1717.50

$ 68.00 $1785.50 $1749.00 $3534.50

Balance; $3534.50

'" = Shawnee County

Department of Public Works 4-1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

Date:

To:

From:

785-251-6101 FAX 785-251-4920

THOMAS C. VLACH, P.E. DIRECTOR OF PUBLIC WORKS

COUNTY ENGINEER

MEMORANDUM

June 15, 2015

Board of County Commissioners

Thomas C. Vlach, P .E. \"' Director of Public Works

Re: FY2015 TIGER Grant Submittal- Acknowledgment ofReceipt

(CONSENT AGENDA)

Enclosed for inclusion into the official Shawnee County records with the County Clerk's office is a copy of the application packet that was submitted to the United States Department of Transportation for consideration in the FY20 15 Transportation Investments Generating Economic Growth (TIGER) grant program.

This grant application, which requests $16.73M in federal grant funds for assistance to replace the NW Carlson Road Bridge over the Kansas River (aka, Willard Bridge), was developed with the assistance ofParsons-Brinckerhoff.

In order to save resources, I am only providing one copy of the application packet. If you wish to have a copy for your individual records, I will be happy to reproduce one at your request.

Attachment

' '\ Shawnee County Health Agency

Leading the Way to a Healthier Shawnee County

June 12, 2015

TO:

FROM:

RE:

Board of Commissioners Shawnee County

Alice Weingartner Q\A.) { GLCLDirector - Community Health Center

Allison Alejos. k.u__. Director - Local Health Department

CONSENT AGENDA- Destruction of 725 Boxes of Medical Records

Action Requested: Approval of the attached resolution for the destruction of 725 boxes of medical records from the Shawnee County Health Agency.

The Shawnee County Health Agency has retained boxes of records for the full retention time based on the standards set forth in the Local Records Program of the Kansas State Historical Society Local Government Records Management Manual, Library and Archives Division Records Management Section.

Please consider the attached resolution for destruction of records. These records contain the destruction date of December 31, 2014.

AW/AA/tnjc Encl.

Cc: Theresa McGannon - Health Information Management Systems Manager/ HIP AA Privacy Officer

1615 SW 8th Topeka, KS 66606 I 785.251.2000 www.shawn~ehealth.org

Resolution No. 2015- E~

WHEREAS, K.S.A. 45-406(d) directs the State Archivist to "(p)repare, publish and

distribute to the appropriate public officers and to other interested persons records manuals

containing retention and disposition schedules for government records of local agencies," and

WHEREAS, K.S.A. 45-409 requires local agencies to "(g)ive careful consideration to

the recommended retention and disposition schedules prepared by the State Archivist when

considering the disposition of government records and comply with all statutes governing the

disposition of government records;" and

WHEREAS, the Kansas State Historical Society Department of Archives published the

"Kansas Local Government Records Manual" as updated at www.kshs.org which sets forth the

retention and destruction schedules for various county documents; and

WHEREAS, the Shawnee County Health Agency desires to destroy records consisting of

Client Records, including Medical Records, and general office records, including payroll and

purchasing records; and

WHEREAS, the documents which the Shawnee County Health Agency desires to

destroy are permitted to be destroyed by the record retention schedule found in the "Kansas

Local Government Records Manual."

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of

the County of Shawnee, Kansas, meeting in regular session on this __ day of ___ , 2013

as follows:

1. The Shawnee County Health Agency is permitted to destroy:

a. Client Records with the destruction date of December 31, 2014.

b. General Office Records with the destruction date of December 31, 2014.

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

APPROVED AS TO FORM AND LEGALITY BY THE SHAWNEE COUNTY COUNSELOR'S OFFICE

BY , · .. l/!.(]


Kevin J. Cook, Chair

Michele A. Buhler, Vice-Chair

Robert E. Archer, Member

Shawnee County

Department of Corrections 501 S.E. 8th Street - Topeka, Kansas 66607

Brian W. Cole, Director

~-1.

Adult Detention Facility- 501 SE 8th- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4924 Youth Detention Facility- 401 SE 8th- Topeka, Kansas 66607- (785) 233-6459- FAX (785) 291-4963 Corrections Annex- 818 SE Adams- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4930

TO: Board of County Commissioners

FROM: Brian Cole, Director fo:-

DATE: June 9, 2015

SUBJECT: Request to Post and Fill One Vacant Custodian Position

I am requesting to post and fill one vacant Custodian position (DF 1265) for the Department of Corrections (DOC). The annual salary, including benefits of a Custodian is $31,149.26. This position is being vacated June 16, 2015; the employee who currently holds this position sought employment with another employer. This position is responsible for the sanitation of those areas where inmate trustees cannot be utilized. If this position is left vacant, it will be very difficult for the other custodial staff to maintain their assigned areas and the additional areas without the need for costly overtime. The department has attempted to do this in the past and the sanitation of the facility suffered.

I will be happy to answer any questions you may have.

BC:sr

cc: Betty Greiner, Director of Administrative Services James Crowl, Interim Director of Human Resources Evelyn Kendall, Deputy Director Stephanie Rahn, Division Manager File

TO:

FROM:

DATE:

RE:

Shawnee County





Brian W. Cole, Director .vz.-

June 9, 2015

Request to Post and Fill One Vacant Social Worker-MSW Position

I am requesting to post and fill one Social Worker-MSW position, DF1012, for the Mental Health Division of the Department of Corrections. The annual salary, including benefits of a Social Worker is $46,736.87; the employee who held this position left the agency for other employment. This position is responsible identifying inmates in a potential crisis and provides direct intervention for those inmates on suicide watch and close observation status. This position establishes, maintains and provides direct counseling to inmates in need and identifies and refers inmates to community-based agencies for mental health services upon release. The current mental health team has taken on the responsibilities of this vacant social worker position however completing these responsibilities has become extremely challenging for the mental health team. If this position is left vacant it will be very difficult to provide adequate mental health services to inmates.

I am requesting permission to post the position for filling first within current employees of Shawnee County and if no candidate is obtained in this process to advertise the position for the public. Funds for this position are within our operational budget and I have discussed this matter with Interim Director, Jim Crowl. Thank you for your consideration of this request, and I will be happy to answer any questions you may have.

BC:sr

cc: Betty Greiner, Director of Administrative Services James Crowl, Interim Director of Human Resources Evelyn Kendall, Deputy Director Stephanie Rahn, Division Manager File

Shawnee County




To: Board of County Commissioners

From: Brian W. Cole, Director #'---

Date: June 8, 2015

Re: Request for Approval of Inmate Housing Agreements with Several Counties for Prisoner Housing

I am requesting approval of the attached Memorandum of Agreements (MOA) with the Unified Government of Wyandotte County, Kansas City, Kansas; Jackson County Kansas Sheriff's Office; Jefferson County Kansas Sheriff's Office; and Osage County Kansas Sheriff's Office for the temporary housing of prisoners in the event of an emergency situation which compromises the ability to house prisoners safely in one or the other facility. The MOAs with other facilities are a critical component of the department's Continuity of Operation Planning (COOP) initiative.

These agreements would be for the housing of prisoners for a period not to exceed thirty (30) days without requiring the requesting agency to make payment of a per diem rate for the continued housing of the prisoners.

Accordingly, I am asking for your approval of this agreement. The County Counselor's Office has approved this agreement as to form and legality. I have also discussed these. matters with Dusty Nichols, Interim Director of Emergency Management. Thank you for your consideration of this request, and I will be happy to answer any questions you may have.

Attachments: (4)

BWC:bwc

cc: Richard Eckert, County Counselor Dusty Nichols, Interim Director, Emergency Management Timothy Phelps, Deputy Director Brandy Biltoft, Division Manager File

MEMORANDUM OF AGREEMENT Emergency Relocation/Transportation

&HAWNEE GOU.NL'J

~ACT#~ol?J?

This Memorandum of Agreement (MOA), by and between the Shawnee County Department of Corrections (SNDOC) and Wyandotte County Sheriffs Office (referred to collectively herein as "Agencies") and in the spirit of mutual cooperation, is made for the purpose of allowing both agencies to hold inmates on a temporary basis for each other during an emergency situation.

DEFINITION OF AN EMERGENCY

An emergency is defined as any situation that jeopardizes, or potentially jeopardizes the security or safety of the prisoners, the staff, or the general public.

PROCEDURES FOR REQUESTING ASSISTANCE

Both Agencies agree not to call for assistance unless there is an emergency as that term is defined previously herein and the involved correctional facility has determined that such facility's normal resources are insufficient to address the emergency condition.

The Director/ Administrator or designee of the agency needing assistance shall contact the other agency for the purpose of requesting assistance. Requests for assistance shall be made by telephone and shall be verified in writing as soon as possible.

For purposes of requesting assistance pursuant to this Agreement, the telephone number for contacting SNDOC shall be (785) 291-5000, extension 6501 and the telephone number for contacting Wyandotte County Detention Center shall be (913) 232-6792.

Each request shall include:

• The name and position of the official making the request; • The nature and location of the emergency; • The number of bed spaces or cells required; • Equipment needed to assist with the transportation of inmates; and • The name and position of whom the assisting agency should contact.

SCOPE OF ASSISTANCE

Both Agencies will make reasonable efforts to assist each other in the event of an emergency at each other's correctional facility(s).

Both Agencies' personnel, vehicles, and equipment will be made available and utilized as appropriate in the event of an emergency, as determined by both Agencies.

The incident commander (or his/her authorized representative) or designee of the agency needing assistance shall be the ultimate authority in response to and at the site of an emergency and he/she will work closely with the leadership of the other agency to coordinate emergency

response efforts. This will include, but is not necessarily limited to, providing access to facilities and providing for the protection of equipment and personnel.

Each respective agency will provide electronic and telephonic connections at any emergency response site so as to facilitate on-scene communications.

The designated Public Information Officer of the agency needing assistance, after appropriate consultation, will be responsible for media relations at an emergency response site.

In the event bed space is required in the assistance to either agency, such emergency assistance will be provided only when in the judgment of assisting agency that such assistance can be reasonably furnished without compromising other obligations or responsibilities. The assisting agency shall relate how many beds are available and both agencies shall agree to the time needed for the bed space. Depending on the nature of the emergency and/or, ifthe time needed exceeds thirty (30) days, the holding agency may implement a per diem rate per inmate in the same amount being charged to other agencies for housing inmates during non-emergencies.

Each inmate shall be housed according to the holding agency's inmate classification system. Inmate privileges and programs shall be upon availability and eligibility. Inmates shall be provided three (3) nutritional meals each day and adequate services such as health and mental health care.

Each respective agency will arrange for the necessary transport of inmates being housed by the other agency to and from court, for purposes of attending any hearing or other judicial proceeding related to the purpose of the inmate's incarceration.

If services are identified as needed for an inmate beyond the basic correctional care and custody needs, consultation between the Agencies as to the delivery of those services shall occur prior to delivery of such services.

This MOA will remain in effect until one party notifies the other, in writing, that use of their agency as a temporary holding facility is no longer practicable or feasible.

ACKNOWLEDGED AND AGREED:

Kevin Cook, Chairman Shawnee County Board of Commissioners

Donald Ash, Si\le)iff____J ' Wyarido~nty Sheriff's Office

Date: ------

Date: Gl A~R-2JJ5

2

SHAWNE! C:OUND MEMORANDUM OF AGREEMENT OON'TRACfi' #Cfl~f-;toJ5 Emergency Relocation/Transportation

This Memorandum of Agreement (MOA), by and between the Shawnee County Department of Corrections (SNDOC) and Jackson County Sheriffs Office (referred to collectively herein as "Agencies") and in the spirit of mutual cooperation, is made for the purpose of allowing both agencies to hold inmates on a temporary basis for each other during an emergency situation.






For purposes of requesting assistance pursuant to this Agreement, the telephone number for contacting SNDOC shall be (785) 291-5000, extension 6501 and the telephone number for contacti.ng Jackson County Detention Center shall be (785) 364-2251.


• The name and position of the official making the request; • The nature and location of the emergency; • The number ofbed spaces or cells required; • Equipment needed to assist with the transportation of inmates; and • The name and position of whom the assisting agency should contact.

SCOPE OF ASSISTANCE







In the event bed space is required in the assistance to either agency, such emergency assistance will be provided only when in the judgment of assisting agency that such assistance can be reasonably furnished without compromising other obligations or responsibilities. The assisting agency shall relate how many beds are available and both agencies shall agree to the time needed for the bed space. Depending on the nature of the emergency and/or, if the time needed exceeds thirty (30) days, the holding agency may implement a per diem rate per inmate in the same amount being charged to other agencies for housing inmates during non-emergencies.







orse, Sheriff Jackson County Sheriffs Office

2

Date: ------

Date: 7-/-C:O/S~ ------

Approved as to Legality and Form: Date ,~ ~1.-15

7·~-.~.--.. ~ .. -.. ~~~.-~--o--.~-............... ,. vi..;, ~vi..h••·ii;,;.L..Uo\

~A'fJNEE COU.fil.J MEMORANDUM OF AGREEMENT OOfUTU.tC'I fit.~~ -,;w\.S Emergency Relocation/Transportation

This Memorandum of Agreement (MOA), by and between the Shawnee County Department of Corrections (SNDOC) and Jefferson County Sheriffs Office (referred to collectively herein as "Agencies") and in the spirit of mutual cooperation, is made for the purpose of allowing both agencies to hold inmates on a temporary basis for each other during an emergency situation.






For purposes of requesting assistance pursuant to this Agreement, the telephone number for contacting SNDOC shall be (785) 291-5000, extension 6501 and the telephone number for contacting Sheriff Jeffrey Herrig shall be (785) 863-2765



SCOPE OF ASSISTANCE














Jefferson County Sheriff's Office

2

Date: ------

Date: tJ - .Ao - J >

Approved as to Legality and Form: Date c,. t, 1r

tlfJ <i:iST. CO. COUN ELOR

~iAWNEE COUNT)

Shawnee County Department of Corrections OONT~!!.CT .:f.f:~bc:b/5

MEMORANDUM OF AGREEMENT Emergency Relocation/Transpoitation

This Memorandum of Agreement (MOA), by and between the Shawnee County Department of Corrections (SNDOC) and Osage County Sheriffs Office and Jail (referred to collectively herein as "Agencies") and in the spirit of mutual cooperation, is made for the purpose of allowing both agencies to hold inmates on a temporary basis for each other during an emergency situation.






For purposes of requesting assistance pursuant to this Agreement, the telephone number for contacting SNDOC shall be (785) 291-5000; extension 6501 and the telephone number for contacting Osage County Jail shall be (785) 828-4991.



SCOPE OF ASSISTANCE



The incident commander (or his/her authorized representative) or designee of the agency needing assistance shall be the ultimate authority in response to and at the site of an emergency and he/she will work closely with the leadership of the other agency to coordinate emergency response efforts. This will include, but is not necessarily limited to, providing access to facilities and providing for the protection of equipment and personnel.








Date: -----Kevin Cook, Chairman Board of County Commissioners

La ne Dunn, Shenff Osage County Sheriffs Office

2

J

DATE:

TO:

FROM:

June11,2015


Bill Kroll, Facilities Maintenance Director

Shawnee County Facilities Maintenance

200 SE ih Street Topeka, KS 66603

(785) 291-4490

SUBJECT: Request for approval to purchase a automated gate system at the parking lot entrance of the new Elections Office located at 3420 SW VanBuren, from Davis Fence in the amount of$ 6,467.48. Electrical work to provide power source and keypad wiring estimated at $ 1,500.00 by CD Electric. Total cost of this improvement estimated at$ 7,976.48 to be funded from the Capital Outlay Fund.

Three bids were obtained, Kent Fence bid was $11,772.16 and Kansas Fencing priced the improvement at$ 12,800.00. None of the three bidders included electrical.

The current double swinging gate at the entrance is secured by padlock, forcing staff to exit their vehicle in all weather conditions to gain access to the parking loUbuilding. Installation of an automated gate enhances staff safety by eliminating the risk from falls on slippery pavement and increases overall site safety.

Respectfully,

Bill Kroll Facilities Maintenance Director

Cc: Betty Greiner, Director of Administrative Services

• Davis Fence Co. Inc. 5001 SE Mercier St Topeka, KS 66609

(785)862-1849 [email protected] http://www.davisfencecompany.com

:·ADDREss Bill Kroll Shawnee Co Facilities Elections Office 3420 SW Van Buren Topeka, KS

Estimate

07/13/2015

Please detach top portion and return with your payment

~HA·WNEE COUN:tl GONTRACt .. ca:lr]-cio )5

DAVIS~ FENCE CO

ACTIVITY QTY

Material cost for 6ft tall chain link cantilever gate( overall gate length is 1.5 times longer than gate opening) 36

Installation charge for 8 ft tall cantilever gates between lengths of 30-40 ft. Includes installing 4" roller posts, and rollers. Adjusting rollers for , proper gate operation. Nylon roller for cantlever gate 4

Material cost for 4 inch sch40 post 10ft long for 6ft chain link with (3) strand barbwire 2

HySecurity Gate operator with battery back up

Installation of HySecurity gate operator base, and accessories ****HIGH VOLTAGE ELECTRICAL WORK MUST BE DONE BY LICENSED ELECTRICIAN******* Davis Fence Co can provide an separate quote for sub contracted electrical work. Component cost for digital keypad and pedestal for electric gate opener

Installation charge for digital keypad and pedestal modification to allow for keypad use while inside fenced area

Material cost for 4 inch sch40 post 6 ft long bollard posts

Installation charge for 4 inch terminal posts, includes setting post in concrete and installing appropriate hardware

Multi-Code remote transmitter for electric gate operator *******$24.99 per push button remote********

Multi-Code remote transmitter for electric gate operator

Thank you for the opportunity to earn your business!

2

2

6,467.48

0.00

SUBTOTAL

TAX(O%)

TOTAL $6,467.48

Accepted By Accepted Date

DATE: June11,2015

TO: Board of County Commissioners

FROM: Bill Kroll, Facilities Maintenance Director

Shawnee County Facilities Maintenance

200 SEth Street Topeka, KS 66603

(785) 291-4490

SUBJECT: Request for approval of contract with Fremont Industries to provide water treatment supplies and services to courthouse HVAC equipment. (Boilers, chillers and cooling towers.)

Frequency of services is minimum of once per month. All necessary supplies/chemicals and water analysis test reagents to be furnished by Fremont for a monthly fee of$ 265.00 (annual expense of $ 3, 180.00.)

Respectfully,

Bill Kroll Facilities Maintenance Director

Cc: Betty Greiner, Director of Administrative Services

Statement of Products and Support

SHAWNEE GOUNTl C:<ONTRACT #~~\6

The following Statement of Products and Support ("Statement") is entered into on

by and between Fremont Industries, Inc. ("Fremont") and

Shawnee County Courthouse

("Purchaser").

The Fremont Industries, Inc. Product Sale and Support Agreement is incorporated herein by reference.

A. SCOPE. The scope of this Statement is the products and product support, including all information provided regarding the use of said products and all assistance regarding the application of said products, provided by Fremont to Purchaser.

B. FREMONT RESPONSIBILITIES. Fremont's responsibilities to Purchaser include the following:

1. Fremont shall provide:

Products for the control of scale , corrosion and biological fouling for the condenser water, steam boiler and closed loops. Freight will be included. Monthly consulting service will be provided at which time all operating systems and systems that have been placed in a chemically stored state will be tested. A written service report will be provided detailing results and recommendations. Test equipment and operator training will be provided to maintenance staff.

2. Installation of all equipment shall be performed by Purchaser's personnel according to wiring and plumbing diagrams provided by third party equipment manufacturers.

3. Fremont shall provide regular at least MONTHLY testing to determine the need for adjustments in product usage to maintain target levels. Test materials will be provided by Fremont.

4. Fremont SHALL NOT provide Purchaser with the ability to perform 24/7 online monitoring.

5. Fremont shall provide product performance reports at least _M_O_N_T_H_L_Y ____ setting forth test results.

6. Product levels on hand will be checked during regularly scheduled visits and replenished as needed.

C. PURCHASER RESPONSIBILITIES.

1. Except as set forth above, Purchaser shall be responsible for all other water treatment precautions including but not limited to the following:

Maintain product feed solutions and salt for brine tank. Test and adjust feed and bleed equipment weekly. Fix leaks promptly and notify Fremont service personnel of issues noted with chemical feed and control equipment.

2. Purchaser shall be responsible for ensuring: (a) that the areas where products sold pursuant to this Statement are held and used are properly secured and ventilated; (b) that all required warnings and other necessary signage is present and properly displayed; (c) that all Purchaser personnel who have access to the area where products are kept are trained regarding the proper handling and disposal of the products, including the use of protective clothing and equipment where applicable; and (d) that all chemicals are properly handled and that protective clothing and equipment is present and available for use at all times.

3. Purchaser shall be responsible for the costs of any parts or equipment.

D. EQUIPMENT TO BE PURCHASED BY CUSTOMER.

1. NOT APPLICABLE

E. COSTS FOR PRODUCTS.

1. Annual cost of equipment, chemicals, testing products and product support: $3,180.00

2. Annual cost to be invoiced at ---'$L.:2=..:6:..:5;..:..0=-0=---- per MONTH

IN WITNESS WHEREOF the parties hereto have executed this Statement as of the date first above written.

FREMONT INDUSTRIES, INC. PURCHASER

By: Kevin J. Ross By:

Its: Executive Account Manager Its:

Condenser Water:

Statement of Products and Support Addendum A

9595, Bromicide, Aqucar 20, Biodispersant 3

Steam Boiler:

BWT 4730, OXY 4556, RLT 4730

Closed Loops:

9917

Test kits and meters as needed.

Rev. 09/2013 A'ITACIUriENT TO

SHAWNEE COUi\1\' CONTRACT C. ___ _

CONTRACTUAL PROVISIONS ATTACHMENT Tite lllldersigned parties agn:o that the following provisions are hereby incorpomted into the contmct to which it is attached and made a part thereof, said contmct being dated the ___ day of ----------' 20_.

I. TERMS HEREIN CONIRO!.L!lSG PRQ)'!S!Ol\"S. It is expressly agreed that the terms of each and every provision in this attaclm1ent shall prevail and control over the temts of any other conflicting provision in any other document relating to and a part of the contmct in which this attachment is incorporated.

2. AGREEM}4'iT WIT!! KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A., to the exclusion of the Courts of any other states or country. All contractual agreements shall be subject to, govemed by, and constnted according to the laws of the State of Kansas.

3. JERI\UNATION DUE TO Iu\CK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Ofti~c. sufficient funds are not appropriated to continue the function perfonned in this agreement and for the payment of the charges hereunder, County may tenninate this agreement at the end of its current fiscal year. Co1mty sgn:es to gi\'e written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In tho event this agreement is terminated pursuant to tbis pamgraph, County will pay to the contractor all regular contraCI\Ial payments incurred through the end of such fiscal year. The tennination of the contract pursuant to this parograph shall 110t cause any penalty to be charged to the County or the contractor.

4, DISCLAIMER OF LJAD!L!T\'. Neither the Coonty of Shawnee nor any department thereof shall hold harmless or indemnifY any controctor for any liability whatsoc\'er.

5. A!I.II·DISCR!MINAT!ON CJ.AUSE. The contractor agrees; (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-100 I et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-11 I I et seq.} and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.} [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age i11 the admission of access to or treatment or employment In, its programs or activities; (b) to include in all sollcitations or advertisements for employees, the phrase "equal opportunity employer''; (c) to comply with the reporting requirements set 011t in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Conunission, such violation shall constitute a breach of contract; (f) if the contracting agency detemtines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (c) or (f) occurs, the contract may be cancelled, tenulnated or suspended in whole or In part by the County. Parties to this contract tlllderstand that subsections (b) through (e) of this paragraph number S are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals SS,OOO or less during this fiscal year.

6. ACCEPTANCE OF Co:.TRACT. TI1is contract shall not be considered accepted, appro,·ed or otherwise effective until the required approvals and certifications have been given and this is signed by the Board of County Commissioners ofthe Cow1tyofShawnc:e, Kansas.

7. ARBITRATION, DAMAGF.S. WARRANTIES. Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agreed to binding arbitmtion, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fee$ and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warmnties of merchantability and fitness for a particular purpose.

8. REPIIESENIAT!\'E'S AUIIIOR!T\' To COiil!JACT. By signing this document, the representative of the contractor thereby represeuts that such person is duly authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. Rt:SPOiSSIDILln'FOR TAXES. The County shall not be responsible for, nor indemnifY a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter oflhis contract.

10. INSURANCE. TI1e County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract ~lates, nor shall this contmct require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 e/ seq.), the vendor or lessor shall bear the risk of auy loss or damage to any personal property to which vendor or lessor holds title.



Date:

ATfEST:

Cynthia A. Beck, Sha1mce County Clerk

{\,

()) 3 ..

SHAWNEE COUNTY

PARKS~RECREATION

June 12, 2015

TO:

FROM:

RE:


John E. Knight, Director ~ Parks & Recreation ~ Negotiate Agreement - Design/Build Services Sound Wall at Old Prairie Town, Quote 019-15 Administration Division

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR

3137 SE 29TH ST. TOPEKA, KS 66605-1885

(785) 251-2600 [email protected]

Board of Commissioners approval is requested for Parks and Recreation to negotiate a contract with Wolf Construction for Design/Build Services for construction of a sound wall at Old Prairie Town at Historic Ward-Meade Site. Parks and Recreation received Board of Commissioners approval to solicit "Request for Proposals" (RFP) for these professional services.

On April 2, 2015, the Board of Commission approved Parks and Recreations request to solicit RFPs for construction of a sound buffering wall at Old Prairie Town at Ward-Meade Historic Site. Shawnee County received proposals from two (2) companies:

Wolf Construction KBS Constructors, Inc.

The proposals were reviewed by the Professional Services Selection Committee and Parks & Recreation staff. The Professional Services Selection Committee is established by H.R. 2014-1, 2.6 E., and shall be composed of the department head for whom the project is to be undertaken or which has primary responsibility for the project, the Public Works Director or designee, the Facilities Management Director or designee, the Director of Information Technology or designee, the County Counselor and any other designee appointed by the Board of County Commissioners.

Following the review of the submittals, the Selection Committee and Parks and Recreation staff recommend to negotiate with Wolf Construction for a contract to provide the design/build services outlined in the scope of work of the RFP.

Following negotiation of a contract which will include a guaranteed maximum price, Shawnee County Parks and Recreation will seek approval of the contract from the Board of Commission and proceed with the improvements if granted approval. The cost of this project is estimated to be approximately $210,000. On March 24, 2015 the Executive Committee of the Shawnee County Parks & Recreation Foundation approved the request of FOWM to provide a minimum of 50% of the project cost for the sound wall. After consultation with Audit-Finance Director Betty Greiner, the funding source for the County's participation is Certificates of Deposits (COP). Staff expects revenues to the county to increase from increased usage at events, programs and weddings.

JEK/lrk TB

SHAWNEE COUNTY

PARKS~RECREATION

June 12, 2015

TO:

FROM:

RE:


John E. Knight, Director\.. ' Parks & Recreation d Negotiate Agreement- Design/Build Services Domwood Ball Field Renovations, Quote 017-15 Parks Division

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR

313 7 SE 29TH ST. TOPEKA, Ks 66605-1885


Board of Commission approval is requested on the recommendation submitted by the Professional Services Selection committee in response to the submittals of Requests for Proposals (RFPs) for Design/Build Services for sports field improvements to two (2) ball fields and site drainage at Domwood Park, 2500 SE Highland.

The Board of Commission approved Parks and Recreation's request to solicit in February of 2015. Shawnee County received proposals from four (4) companies:

Schmidtlein Excavating Mid America Golf and Landscape Mohan Construction Topeka Landscape


Following the review of the submittals, the Selection Committee and Parks & Recreation staff recommend to negotiate with Schmidtlein Excavating for a contract to provide the design services outlined in the scope of work of the RFP.

Following negotiation of a contract which will include a guaranteed maximum price, Shawnee County Parks and Recreation will seek approval of the contract from the Board of Commission and proceed with the improvements if granted approval.

Funding for this request was identified in the Certificates of Participation issued earlier this spnng.

JEK/lrk TB

SHAWNEE COUNTY

PARKS~RECREATION

June 12, 2015

TO:

FROM:

RE:


John E. Knight, Director\_.. Parks & Recreation )

Negotiate Agreement - Design Services Lake Shawnee Spillway Repairs, Quote 020-15 Parks Division

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR

3137 SE 29TH ST. TOPEKA, KS 66605-1885


Board of Commission approval is requested on the recommendation submitted by the Professional Services Selection committee in response to the submittals of Requests for Proposals (RFPs) for design services that may also include construction documents, specification writing and follow-up project oversight for repairs to the spillway at Lake Shawnee.

On April27, 2015, the Board of Commission approved Parks and Recreations request to solicit RFPs and Shawnee County received proposals from two (2) companies:

Professional Engineering Consultants Davidson Architectural and Engineering


Following the review of the submittals, the Selection Committee and Parks & Recreation staff recommend to negotiate with Professional Engineering Consultants for a contract to provide the design services outlined in the scope of work of the RFP.

Following negotiation of a contract which will include a guaranteed maximum price, Shawnee County Parks and Recreation will seek approval of the contract from the Board of Commission and proceed with the design work if granted approval.

Funding for this request was identified in the Certificates of Participation issued earlier this spring.

JEK/lrk TB

: SHAWNEE COUNTY

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR

3137 SE 29TH ST.

PARKS~RECREATION TOPEKA, Ks 66605-1885

(785) 251-2600

June 15,2015

TO:

FROM:

RE:

Board of Commissioners Shawnee County ,\

John E. Knight, Directo~ Parks & Recreation

j ohn.knight@snco. us

Agreement- Design/Build Services for Aquatic Park and Splash Pad

Board of Commission approval is requested on the attached Agreement between B.A. Green and Shawnee County for Design/Build Services for the construction of a new aquatic park in Southwest Topeka, near SW 21st and SW Urish Road and construction of a new aquatic feature at Domwood/Robinson Family Park.

A significant response from the public was that "a recreation center and/or aquatic facility on the Southside of town is a top priority." The Strategic Implementation Action Plan section of the Master Plan recommends; "to develop a multigenerational center in the southwest quadrant of the county to replace the Crestview Pool to serve the unmet needs of the residents, including an aquatic facility." Further the plan recommends the department plan, create a strategy to attain a balance of neighborhood and community parks in each quadrant of the city/county for residents and develop a balance of amenities for each park area and in each quadrant of the county to eliminate or reduce we/they feeling among residents. This aquatic Center would be the only aquatic facility in quadrant 3, defined by SW 21st on the north and SW Mac Vicar on the east.

The Strategic Implementation Action Plan section of Master Plan recommends including a splash pad in the Domwood/Robinson Family park improvements. The Master Plan also, under Community Vision for Facilities states "Consider adding amenities in parks that attract residents to make a park more inviting but does not require a high level of staff costs to operate such as splash pads, regional playgrounds, disc golf, bag courts, mountain bike area, and fishing ponds". Domwood/Robinson Family Park has on its western boundary numerous apartment complexes that are occupied primarily by families with small children. Splash pads are especially ideal for small children giving the opportunity to get wet and cool down. A splash pad located in Dornwood Park would provide the area with an aquatic feature that families in the area can afford to attend and at the same time not over burden the parks and recreation department with an aquatic facility that requires opening/closing and staffing.

This Agreement sets the Design Builders fee at 4 1;2 percent of the construction costs and will allow B.A. Green to initiate the design work necessary to develop a Guaranteed Maximum Price for the projects. The department and B.A. Green will return to the Board of Commissioners with design options and a Guaranteed Maximum Price.

JEK/lrk TB Attachment

I nit

AlA Document A14f"- 2004 Standard Form of Agreement Between Owner and Design-Builder

.j AGREEMENT made as of the 1oth day of June in the year 2015 (fn words, indicate day, month and year.)

BETWEEN the Owner: (Name, /ega/status, address and other information)

The Board.of County Commissioners Shawnee County Kansas 200 SE 7th St. Topeka, KS 66603

and the Design-Builder: (Name, legal status, address and other information)

B.A. Green Construction Co., Inc. P~o. Box.8 Lawrence, Kansas 66044-0008 Tele!)hone Number: (785) 843-5277

. Fax. Number: (785) 843-0797

for the following Project: . (Name; location and detailed description)

New Aquatic Facilities Stiawnee County, Kansas

The Owner and Design-Builder 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

AlA 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 AlA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect

to its completion or modification.

Consultation with an attorney is also encouraged with respect to professional licensing requirements in the jurisdiction where the Project is

located.

AlA Document A141 ™ -2004. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA• Document, or any portion of It, may result in 1 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:05:31 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1933716312)

I nit

TABLE OF ARTICLES

1 THE DESIGN-BUILD DOCUMENTS

2 WORK OF THIS AGREEMENT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 . MISCELLANEOUS PROVISIONS

8 ENUMERATION OF THE DESIGN-BUILD DOCUMENTS

TABLE OF EXHIBITS

A TERMS AND CONDITIONS

B DETERMINATION OF THE COST OF THE WORK

C INSURANCE AND BONDS

ARTICLE 1 THE DESIGN-BUILD DOCUMENTS § 1.1 The Design-Build Documents fonn the Design-Build Contract. The Design-Build Documents consist of this Agreement betWeen Owner and Design-Builder (hereinafter, the "Agreement") and its attached Exhibits; Supplementary and other Conditions; Addenda issued prior to execution of the Agreement; the Project Criteria, including changes to the Project Criteria proposed by the Design-Builderand accepted by the Owner; if any; the Design-Builder's Proposal and written modifications to the Proposal accepted by theOwher, if any; other documents listed in this Agreement; and Modifications issued after execution of this Agreement. The Design-Build Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Owner, (2) between the Owner and a Contractor or Subcontractor, or (3) between any persons or entities other than the Owner and Design~Builder, including but not limited to any consultant retained by the Owner to prepare or review the Project Criteria. An enumeration of the Design-Build Documents, other than Modifications, appears in Article 8.

§ 1.2 The Design-Build Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral.

§ 1.3 The Design-Build Contract may be amended or modified only by a Modification. A Modification is {1) a written amendment to the Design-Build Contract signed by both parties, {2) a Change Order, {3) a Construction Change Directive or {4) a written order for a minor change in the Work issued by the Owner.

ARTICLE 2 THE WORK OF THE DESIGN-BUILD CONTRACT § 2.1 The Design-Builder shall fully execute the Work described in the Design-Build Documents, except to the extent specifically indicated in the Design-Build Documents to be the responsibility of others.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3 .. 1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice issued by the Owner. (Insert the date ·of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.)

Work to commence upon receipt of a written notice to proceed from Owner.

AlA Document A141 TM - 2004. Copyright e 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA., Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any portion of It, may result in 2 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:05:31 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1933716312)

I nil

If, prior to the commencement of Work, the Owner requires time to file mortgages, documents related to mechanic's liens and other security interests, the Owner's time requirement shall be as follows: (Insert Owner's time requirements.)

§ 3.2 The Contract Time shall be measured from the date of commencement, subject to adjustments of this Contract Time as provided in the Design-Build Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion

. of the Worn.)

1

··. $1,000.00 per day divided in proportion to the scale of the two projects; $900.00 perdayforthe aquatic center and $100 perdayfor • the spray pari<~ · · ·

§ 3.3 The Design-Builder shall achieve Substantial Completion of the Work not later than days from the date of commencement, or as follows: (Insert number of calendar days. Altematively, a calendar date may be used when coordinated with the date of commencement. Unless Stated elsewhere in the Design-Build Documents, insert any requirements for earlier Substantial Completion of certain portions of the Worn.)

See 'Exhibit D'~ Schedule

Portion of Work Substantial Completion Date

ARTICLE. 4 CONTRACT SUM § 4. fThe Owrier shall pay the Design-Builder the Contract Sum in current funds for the Design-Builder's performance of the Design-Build Contract. The Contract Sum shall be one of the following: (Check. th. e appropriate box;) . . .

[ (Paragraphs deleted)

X ] Cost of the Work Plus Design-Builder's Fee with a Guaranteed Maximum Price in accordance with Section 4.4 below.

(Based on the selection above, compiete either Section 4. 2, 4. 3 or 4. 4 below.)

(Paragraphs deleted) (Table deleted) (Paragraphs deleted) .(!'able deleted)

. (Paragraphs deleted) § 4.4 COST OF THE WORK PLUS DESIGN-BUILDER'S FEE WITH A GUARANTEED MAXIMUM PRICE § 4.4.1 The Cost of the Work is as ~efined in Exhibit B, plus the Design-Builder's Fee.

§ 4.4.2 The Design:Builder's Fee is: (State a lump sum, percentage of Cost of the Worn or other provision for determining the Design-Builder's Fee and the method of

· adjustment to the Fee for changes in the Worn.)

.I Four & one"half percent (4 1/2%) of cost of the work .

. § ·4.4.3 GUARANTEED MAXIMUM PRICE § 4.4.3.1 The sum of the Cost of the Work and the Design-Builder's Fee is guaranteed by the Design-Builder not to exceed ($ ), sublect to additions and deductions by changes in the Work as provided in the Design-Build Documents. Such maximum sum is referred to in the Design-Build Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Design-Builder without reimbursement by the Owner. (Insert specific provisions if the Design-Builder is to participate in any savings.)

AlA Document A141 TM- 2004. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may result in 3 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:05:31 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1933716312)

I nit

§ 4.4.3.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Design-Build Documents and are hereby accepted by the Owner:

TBD

§ 4.4.3.3 Unit Prices, if any, are as follows:

Description TBD

§ 4.4.3.4 Allowances, if any, are as follows:

Units Price ($0.00)

(Identify and state the amounts of any allowances, and state whether they include labor, materials, or both.)

Allowance TBD

Amount ($0.00) Included Items

§ 4.4.3.5 Assumptions, if any, on which the Guaranteed Maximum Price is based, are as follows: (Identify the assumptions on which the Guaranteed Maximum Price is based.)

TBD

§ 4.5 CHANGES IN THE WORK § 4.5.1 Adjustments of the Contract Sum on account of changes in the Work may be determined by any of the methods listed in Article A.7 of Exhibit A, Terms and Conditions.

§ 4.5.2 Where the Contract Sum is the Cost of the Work, with or without a Guaranteed Maximum Price, and no specific provision is made in Sections 4.3.2 or4.4.2 for adjustment of the Design-Builder's Fee in the case of Changes in the Work, or if the extent of such changes is such,. in the aggregate, that application of the adjustment will cause substantial inequity to the Owner or Design-Builder, the Design-Builder's Fee shall be equitably adjusted on the basis of the Fee established for the original Work, and the Contract Sum shall be.adjusted accordingly.

ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Owner by the Design-Builder, the Owner shall make progress payments on account of the Contract Sum to the Design-Builder as provided below and elsewhere in the Design-Build Documents.

§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

§ 5.1.3 Provided that an Application for Payment is received not later than the 1Oth day of month, the Owner shall make payment to the Design-Builder not later than the 30th day of the same month. If an Application for Payment is received by the Owner after the application.date fixed above, payment shall be made by the Owner not later than Twenty ( 20) days after the Owner receives the Application for Payment.

(Paragraph deleted) .. § 5.1.5 With each Application for Payment where the Contract Sum is based upon a Stipulated Sum or Cost of the Work with a Guaranteed Maximum Price, the Design-Builder shall submtt the most recent schedule of values in accordance wtth the Design-Build Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. Compensation for design services shall be shown separately. Where the Contract Sum is based on the Cost of the Work with a Guaranteed MaXirnum Price, the Design-Builder's Fee shall be shown separately. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule of values, unless objected to by the Owner, shall be used as a basis for reviewing the Design-Builder's Applications for Payment.

§ 5.1.6 In taking action on the Design-Builder's Applications for Payment, the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Design-Builder and shall not be deemed to have made a detailed examination,

AlA Document A141 TM -2004. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA<& Document is protected by U.S. Copyright L.aw and International Treaties. Unauthorized reproduction or distribution of this AlA<& Document, or any portion of It, may result in 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:05:31 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is notfor resale. User Notes: (1933716312)

I nit

audit or arithmetic verification of the documentation submitted in accordance with Sections 5.1.4 or 5.1.5, or other supporting data; to have made exhaustive or continuous on-site inspections; or to have made examinations to ascertain how or for what purposes the Design-Builder has used amounts previously paid on account of the Agreement. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's accountants acting in the sole interest of the Owner.

§. 5.1.7 Except with the Owner's prior approval, the Design-Builder shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

(Paragraphs deleted) § 5.4 PROGRESS PAYMENTS -COST OF THE WORK PLUS A FEE WITH A GUARANTEED MAXIMUM PRICE § 5.4.1 Applications for Payment where the Contract Sum is based upon the Cost of the Work Plus a Fee with a Guaranteed Maximum Price shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Design-Builder on account of that portion of the Work for which the Design-Builder has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.

§ 5.4.2 Subject to other provisions of the Design-Build Documents, the amount of each progress payment shall be computed as follows:

.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Pri.ce allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section A. 7.3.8 of Exhibn A, Te.rms and Conditions;

.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing;

.3 Add the Design-Builder's Fee, less retainage of Five percent ( 5 %). The Design-Builder's Fee shall be computed upon the Cost of the Work described in the two preceding sections at the rate stated in Section 4.4.2 or, if the Design-Builder's Fee is stated as a fixed sum in that section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work in the two preceding sections bears to a reasonable estimate of the probable Costof theWork upon its completion;

.4 · . SubtraCt the aggregate of previous payments made by the Owner; .. 5 Subtract the shortfall, if any, indicated by the Design-Builder in the documentation required by Section 5.1.4 to

substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation; and

.6 Subtract amounts, if any, fb~ which the Owner has wnhheld or nullified a Certificate for Payment as provided in Section A.9.5 of Exhibit A, Terms and Conditions.

§ 5.4.3 Except with the Owner's prior approval, payments for the Work, other than for services provided by design professionals and other consultants retained directly by the Design-Builder, shall be subject to retain age of not less than Five percent ( 5 o/o ). The Owner and Design-Builder shall agree on a mutually acceptable procedure for review and approval of payments and retention for Contractors. · ··

§ 5.5 FINAL PAYMENT § ··5:5.1 Final.paymerit,constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Design-Builder no later than 30 days after the Design-Builder has fully performed the Design-Build Contract, including the requirements in Section A. 9.1 0 of Exhibit A, Terms and Condnions, except for the Design-Builder's responsibility to correct non:.Conforining Work discovered after final payment or to satisfy other requirements, if any, which extend beyond final payment.

ARTICLE 6 DISPUTE RESOLUTION § 6.1 The parties appoint the following individual to serve as a Neutral pursuant to Section A.4.2 of Exhibit A, Terms and conditions: · (Insert the name, address and other information of the individual to serve as a Neutral. If the parties do not select a Neutral, then the provisions of Section A.4.2.2 of Exhibit A, Terms and Conditions, shall apply.)

AlA Doc.ument A 141"" - 2004. Copyright© 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA., Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may result in 5 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:05:31 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1933716312)

I nit.

§ 6.2 If the parties do not resolve their dispute through mediation pursuant to Section A.4. 3 of Exhib~ A, Terms and Cond~ions, the method of binding dispute resolution shall be the following: (If the parties do not select a method of binding dispute resolution, then the method of binding dispute resolution shall be by litigation in a court of competent jurisdiction.) (Check orie.)

[ X ] Litigation in a court of competent jurisdiction

[ ] Other (Specify)

[ (Paragraphsdeleted). ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 The Architect, other design professionals and consuttants engaged by the Design-Build Contractor shall be persons or entities duly licensed to practice their professions in the jurisdiction where the Project is located and are listed as follows: (Insert name, address, license number, relationship to Design-Builder and other information.)

Name and Address Slemmons Associates Architects, p.a. 534 S. Kansas Ave,, Suite 140 Topeka, KS 66603-3432

License Number Relationship to Design-Builder Architect

§ 7.2 Consultants, if any, engaged directly by the Design-Build Contractor, their professions and responsibilities are listed below: (Insert name, address,. license number, if applicable, and responsibilities to Owner and other information.)

Name and Address ·. Counsilman-Hunsaker 10733 Sunset Drive, 4th Floor St. Louis, MO 63127 Latimer,. Sommers & Associates, P .A. 3639 SW Summerfield Dr., Suite A Topeka, KS 66614 Certus Structural Engineers 900 S. Kansas Ave., Suite 400 Topeka,. KS 66612 Bartlett & West Inc. 1200 sw Executive Dr., Su~e A Topeka,KS 66615 Terracon 3113SWVan Buren St. Topeka, KS 66611

License Number Responsibilities to Owner Aquatic Design Specialist

MEP, Fire & Life Safety Engineer

Structural Engineers

Civil Engineers I Landscape Architects

Geotechnical Engineering

§ 7.3 Separate contractors, if any,. engaged directly by the Design-Build Contractor, their trades and responsibilities are listed below: (Insert name, address, license number, if applicable, responsibilities to Owner and other information.)

Name and Address The Pool Company, Inc. 3077 20th St. E, SuiteD Tacoma, WA 98424

License Number Responsibilities to Contractor Aquatic Construction Specialist

§ 7.4The Owner's Designated Representative is: (Insert name, address and other information.)

Terry Bertels Director of Recreation 200 SE 7th St. Topeka, KS 66603

AlA Document A141 TM- 2004. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may result in S severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:05:31 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1933716312)

I nil

§ 7.4.1 The Owner's Designated Representative identified above shall be authorized to act on the Owner's behalf with respect to the Project. However, only the Board of County Commissioners has the authority to bind the Owner.

§ 7;5 The Design-Builder's Designated Representative is: (Insert name, address and other information.)

Tracy Green President P.O. Box 8 12071owaSL Lawrence, KS 66044

§ 7 .5.1 The Design-Builder's Designated Representative identified above shall be authorized to act on the Design-Builder's behalf with respect to the Project.

§ 7.6 Neither the Owner's nor the Design-Builder's Designated Representative shall be changed without ten days written notice to the other party.

§ 7.7 Other provisions:

§ 7.7.1 Where reference is made in this Agreement to a provision of another Design-Build Document, the reference refers to that provision as amended or supplemented by other provisions of the Design-Build Documents.

- .

§ ·7.7.2Payments due and unpaid under the Design-Build Contract shall bear interest from the date payment is due at the rate - stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.

(lnserfmte ofinterest agreed upon, if any.)

One and One-Quarter Perc_ent ( 1.25 %) per month

(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Design-Builder's principal places of business, the location of the Project and elsewhere may affect the yalidityof this provision. Legal advice. should be obtained with respect to deletions or modifications, and also regarding ~quirements such as Writfen disclosures orwaivers.)

ARTICLE 8 ENUMERATION OF THE DESIGN-BUILD DOCUMENTS § 8.1 The Design~Build Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:

§ 8.1.1 The Agreement is this executed edition of the Standard Form of Agreement Between Owner and Design-Builder, AlA Document A 141-2004.

§ 8. t2 The Supplementary and other Conditions of the Agreement, if any, are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.)

Document_ AIAA141 -AlA A141 -AtAA141

Title Exhibit 'A' Terms & Conditions Exhibit 'B' Determination of Cost of Work Exhibit 'C' Insurance & Bonds

Pages 1-30 1-5 1-2

§ 8.1.3 The Project Criteria, including changes to the Project Criteria proposed by the Design-Builder, if any, and accepted by the Owner, consistofthe following: (Either list applicable documents and their dates below or refer to an exhibit attached to this Agreement.) TBD .

AlA Document A141 TM- 2004. Copyright@ 2004 by The American lnstHute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may result In 7 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:05:31 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1933716312)

I nit

Title Date

§ 8.1.4 The Design-Builder's Proposal, dated , consists of the following: (Either list applicable documents below or referto an exhibit attached to this Agreement.)

TBD

§ 8.1.5 Amendments to the Design-Builder's Proposal, if any, are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.)

TBD

§ 8.1.6 The Addenda, if any, are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) TBD

Number Date Pages

§ 8.1.7 Exhibit A, Terms and Conditions. (If the parties agree to substitute terms and conditions other than those contained in AlA Document A 141-2004, Exhibit A, Terms and Conditions, then identffy such terms and conditions and attach to this Agreement as Exhibit A.)

§ 8.1.8 Exhibit B, Determination of the Cost of the Work, if applicable. (If the parties agree to substitute a method to determine the cost of the Work other than that contained in AIADocument A 141-2004, Exhibit B, Determinationofthe Cost of the Work, then identffy such other method to determine the cost of the Work and attach to this Agreement as Exhibit B. If the Contract Sum is a Stipulated Sum, then Exhibit B is not applicable.)

§ 8.1.9 Exhibit C, Insurance and Bonds, if applicable. (Complete AlA Document A 141-2004, Exhibit C, Insurance and Bonds orindicate "not applicable. ")

§ 8.1.10 Other documents, if any, forming part of the Design-Build Documents are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.)

This Agreement entered into as of~· day and year fust written ab~~--------~~--------

OWNER (Signature) DESIGN-BUILDER {Signature}

Kevin J. Cook, Chair Board of County Commissioners (Printed name and title)

Tracy Green, President

(Printedname and title)

Approved as to Legality and Form: Date ?.-rr--tc

.... ~,-T. CO. COUNt~:OR AlA Doc:umentA141"' -2004. CopyrighU~ 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is. protected by u.s, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion ont,may result. In 8 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the· law. This document was produced by AlA software at 12:05:31 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1933716312)

Additions and Deletions Report for ® TM

AlA Document A 141 - 2004

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 AlA document in order to complete it, as well as any text the author may have added to or deleted from the original AlA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AlA 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 AlA document. This Additions and Deletions Report and its associated document were generated simultaneously by

AIAsoftware at 12:05:31 on 06/15/2015.

PAGE1

AGREEMENT made asofthe 10th day of June in the year 2015

The Board of Countv Commissioners Shawnee Countv Kansas 200SE 7th St. T opeRa. KS 66603

B.A. Green Construction Co;, Inc. P.O. Box8 Lawrence. Kansas 66044-0008 Telephone Number:(785) 843-5277 Fax Number: 085) 843-0797

NewAguatic Facilities . Shawnee Countv. Kansas

PAGE2

Work to eommence upon receipt of a written notice to proceed from Owner.

PAGE3

$1,000.00 per day divided in proportion to the scale ofthe two projects: $900.00 per day for the aquatic center and $100 per day for the spray park. · · ·

See 'Exhibit D'- Schedule

Cest efthe Werk PittS Desiga Builder's Fee iB aeeeraaaee vfith SeetieB 4.3 belew;

Additions and Deletions Report for AlA Document A141 TM - 2004. Copyright~ 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, 1 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 AlA software at 12:05:31 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1933716312)

f-XJ Cost of the Work Plus Design-Builder's Fee with a Guaranteed Maximum Price in accordance with Section 4.4 below.

§ 4.2 STIPULATED SIJM § 4.2.1 The 8tipt!latea Sum shall be ($ ), sl:lbjeet te aaaitieBs ana aet!ttetieBs as 19fevieleei iB the DesigB Beila Deei:HBeBts.

§ 4.2.2 The 8tipelated SI:HB is baseei 1:119911 the follevriBg alternates, if any, vt'hieh are aeseribeei iB the DesigB Beilei Deeumeftts ana are hereby aeeeptea by the {)ffller:

§ 4~2.3 UBit priees, ifEIHy, are. as follews:

DessFiptiel'l· · PFiGe ($0.00)

§ 4.2.4 Allevl'ft:ftees, if Em)', ·are as follews: (ldett#.fylztrdrilate ·the tifflf8!itnts ejf:lny f:lll8iWBrees, f:lfldstiffe whether they· ilfel-tttie kth8r, mtlterif:lls, 8r h8thj

Allewanee ARISYAt ($0.00) IA6h:llilelillteR!S ·. . ·'-

§ 4.2.5 AsSI::llB:ptieBs er ~aliiieatieBs, if aft)', eft whish the Stipalateei 81llft is baseei, are as follev.·s:

§ 4.3 SQST QF THE IJJQRK .PbtJS DESIGN BtJibDER'S FEE § 4.3.tThe Cast efihe Werk: is as aeiiBeei in Exhibit B.

§ 4.3.2 The DesigB Beileier's Fee is: · (Stctte f:l !ttmp 3ftm, pereentf:lge 8j Cest efthe Werk 8r 8Hte1"p1'8-;iai8n f>3Jr rieteffl'lining #te Deaign BNil<kr 'a .r::ee f:lfla fhe meth8d e.fefijlitSHifent t8 the .• rzee fer ehtmgea in the We1"1i.)

Four & one-half percent (4 1/2%) of cost of the work.

PAGE4

Additions and Deletions Report for AlA Document A141"' - 2004. Copyright IC 2004 by The American Institute of Architects. All rights reseiVed. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, 2 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 AlA software at 12:05:31 on 06/15/2015 under Order Ne.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1933716312)

§ 5.1.3 Provided that an Application for Payment is received not later than the 10th day of month, the Owner shall make payment to the Design-Builder not later than the 30th day of the same month. If an Application for Payment is received by the Owner after the application date fixed above, payment shall be made by the Owner not later than Twentv ( 2Q.) days after the Owner receives the Application for Payment.

§ 5.1.4 With eaeh Af'f'lieatien fer Payment where tb.e Centraet Sam is eased t!fleft tb.e Cast eftb.e Werk, er tb.e Cast ef the Werk vritb. a Gaarafi.teea Ma-Jf-iffiam Priee, tb.e Design Bailaer shall saemit f'fl)'Fells, f'etty eash aeeetiBts, reeeiptea ifl;reiees SF ift¥Siees vfi.th eheek 't'Saehers attaehea, ana aey ether e¥iaenee reEiairea e')' tb.e Ovmer te aemenstrate tb.at eash aisetlfsements already made ey tb.e Design Bailder eft aeeel:mt eftb.e Cast eftb.e Werk elltlal er eueeea (1) f!Fegress payments already reeeivea ey the Design Bailaer, less (2) tb.at f'Srtien eftb.ese f!ayments attrieataele te the Design BailEler' s Fee; f'lHs (3) f!ayrells fer the f;!eriea ee•rerea ey tb.e f!resent Af'f'lieatien fer Payment.

PAGES

§ 5.2 PROGRESS PAYMENTS STIPIJbA;n;g SIJM § 5.2.1 Af;lfllieatieftS fer Payment where tb.e Cefttraet 8t1FH is eased t!f!SH a 8tipalatea 81:l.fB shall ffiaieate tb.e f'ereentage efeemf;!letieft efeaeh pertieft eftb.e Werk as efthe ena sf the f!eriea eeverea ey the Af'f'lieatien fer Payment.

-- -- ----- - ---. ' - , .. --_-- --- . : .·- '· --_- _- __ - _-

§ 6.2.2 8aejeet te. ether pre•.risiens efthe Design Bail a Deeaments, the ameoot ef eaeh pregress f!ayment shall ee eemf!tltea as fullews: · .

. 1 Take .tb.at pertien efthe Cefttraet 81:l.fB preperly alleeaele te eempletea WSrk as aetermffiea by maltipl-y'.ftg tb.e f!ereentage eemf!letieft ef eaeh f!Srtien sf the Werk ey tb.e share sf the Cefttraet 81:HB itlleeatea te tb.at f!Srtieft sf the Werk iB tb.e seheaale ehalaes, less retainage ef f!ereent ( %) eft tb.e Werk; @let' tliaH serviees f'Feviaea by design f'Fefessienals aaa etb.er eensaltants re1affiea aireetly ey the Design Bailaer. Pending final aeterminatien efeest te tb.e Ovmer efChaHges iB the WSrk, amel:mts aet iR eispate shall be melaeee as pre>,rieee iB Seetien A.7.3.8 efB~ibit A, Terms ana Cefteitiefts;

.2 AaatB:at f'Srtieft eft!le Ceatraet 81:l.fB preperly alleeable te materials aaa elltlipment eeli•rerea ana Sliitaely stared at the site fer saeseEJ:aent ifleeFf!eratien in tb.e eemf!letea eeftstraetien (er, ifaf;!pre>rea ift ael'fllHee ey the Ovmer, SWtae~· stares efftfie site at a leeatieft agrees t!fleft ift Vt'fitffig), less retaiftage ef pereentf %);

.3 8aetraet the aggregate eff;!revioos f!ayments made By the Ovmer; ana

.4 ·· 8abtraet ametmts, ifim;<, fer \'lfl:ieh tb.e Ovmer has vlithh:ela f!ayment ti:em er nallifiea aH Af'f;llieatieft • for Payment as pre'riaea iB 8eetien A.9.5 afEllhlbit A, Terms ana Ceftaitiefts.

: . - - -

§ 5~2.3 The f!Fegress payment ametlflt aetermffiea iB aeeeraanee .. '~lith 8eetieft 5.2.2 shall be farther meaifiea HHaer the fellevring eireamstanees: ·

· .1 · · · ilea, apes 8aestantial Cemf!letieft efthe Werk, a sam safiieient te ffierease tb.e tetal f!ayments te tb.e full affil:rt:lflt eftb.e Centraet 81:l.fB, less saefl: amel:lflts as the Owfter shall aetermifle fer ineemf!lete Werk, retaffiage af'f!lieliele te saeh werk aHa l:lfl:settlea elaims; ana

. (Seeli8f1 A. 9. 8. 6 oj&hibil A, Teffllfl 6H'Iti Cef'lfiili6ifti FeftUiFes Fe lease efappl-ieable Felainage f1JJ811

.· · Sl:tbslt:Hilittl Ceinplelien ef WaFk wilh eet'l5t!111 tJ.fsl;tl"t!ty, iffffl)l.) .2 aaa, if :final eemf;!letien eftb.e Werk is tb.ereafter materially delayed threagh: He faalt eftb.e

Design Bailaer, aay aaaitienal ameants f'ayable ift aeeeraanee vlitft 8eetien A.9.Hl.3 efElffiibit A, ·Terms ana Ceftditiefts.

§ 5.2.4 ReeaetieB er limitatieft efretainage, if any, tiBaer 8eetien 5.2.2 shall be as fellews: (lfU is intended; p1'ie1' le 8~;~bsltll'llittl Ce1ffPle#en oj#!e en#Fe Wet-.i, 18 Fed~;~ee 81' limil fhe Feltlit'f(:fge 1'e91;1hiltg:Ji'8m lhe ieFeel'll6ges inseFted in 8eeti8m 5.2. 2.1 tll'ld 5.2. 2. 2 above, tll'ld this is n81 ~plflined else'lffleFe in lhe Design B~;~ild D8el;ll'llel'lls, imeFI heFe p1'tnisi8tfti f>31' s~;~eh 1'efihteli81'1 Bl' lintil81i811.)

Additions and Deletions Report for AlA Document A141"' - 2004. Copyright e 2004 by The American lnstHute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, 3 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 AlA software at 12:05:31 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1933716312)

§ 5.3 PROGRESS PAYMENTS COST OF THE WORK PbUS A FEE .. § 6.3.1UV.'flere the CeH:tFaet 81:1m is based l:tfleH: the Cast efthe ·werk JlHtS a fee withettt a Gtlftfii:Bteed MtHtimtlfH Pfiee, •·•· Aflfllieatieas fur Paymeat shall shEl'tv the Cast efthe Wark aettlall;' iaetlffeti by the Desiga B~:~iltier tbfa~:~gh the eati ef

the flerieti ea'lered by the •"rf!JllieatieH fur Paymeat BHti fer •~t'ffieh Desiga B~:~ilder has made er iflteatis te make aetlial Jlaymefit f!Fier te the aext ApfllieatieH fer Paymeat.

§ 5.3.2 81:1bjeet te ether Jlre'lisieas efthe Desiga Bmld DeetlfHeftts, the amemt ef eaeh JlFSgress Jltl)'ffi:eftt shall be . eeffiJltltea as fellews:

.1 Take theCest efthe Werle as Eleseribed iH Exhibit B;

.2 Ada the Desiga B~:~ilder's Fee, less retaiftage af f!ereeftt ( %). The Desiga B~:~iltier's Fee shall be eemp\:lted t1Jl8ft the Cast ef the Werk Eleseribed ift the JlFeeeaiftg 8eetieH: 5.3 .2.1 at the rate stateti ift 8eetiea 4.3 .2; er if the Desiga B~:~ilder' s Fee is stateti as a futed s1:1m ifl that seetiea, BH amemt vmieh bears the same ratie te that BJtea Stlffi Fee as the Cast efthe Werk ift the JlFeeediag seetiea bears te a reaseftable estimate efthe f!rebable Cast efthe Werk l:tfleH its eemf!letiea;

.3 81:1btraetthe aggregate efpre'lioos Jlaymeats made by the Owaer;

.4 8t1btraet the shertfall, if aay, iftdieated by the Desiga Bt1ilaer ift the EleetimefttatieH reEtt~ireti by 8eetiea 5.1.4 er resl:lltiflg ftem errers s~:~bseEII:Iefttl;' Elisee'/ereti a,· the Owfter's aeeetlfttl!llts ifl Stieh de6tlffieatatiea; BHti

.5 8\:lbtraet affietlftts, if aa-y, fer whish the Ovlfl:er has vli1hheld er vlithdravm a Certifieate fer Paymeat as JlrSYided ifl the 8eetiea A.9 .5 ef EJE!iibit A, Terms llHd Ceatiitieas.

§ 5.3.3 Retaiftage ifl adaitieH te the retaiftage stated at 8eetiea 5.3.2.2, ifaay, shall be as fellews:

... --- '

·. § 5~3.4 EJ£e6j9t with the Ovmer's Jlfier QJlJlrewl, Jlaymeftts fer the Werk, ether thaH fer sef't'iees Jlre•litied by tiesiga flFefessiSfl:als ftftd ether eeaStiltaftts retaifteti Elireetl;' by the Desiga B~:~iltier, shall be stlbjeet ta retaiHage efaet less thaH f!ereeat( ~~. The Ovmer ftftti Desiga Bmltier shall agree eH a m\:lttlally aeeSf!table JlFeeetitlre fer re•rie>N ftfta QJlflre>ral efflaymeBts BHti reteatiea fer Cefttfaeters .

. 3 Add the Design-Builder's Fee, less retainage of Five percent ( §....%). The Design-Builder's Fee shall be computed upon the Cost of the Work described in the two preceding sections at the rate stated in Section 4.4.2 or, if the Design-Builder's Fee is stated as a fixed sum in that section, shall be an amount that bears the same ratio to that

. fixed-sum fee as the Cost of the Work in the two preceding sections bears to a reasonable estimate of the probable Cost of the Work upon its completion;

§ 5.4.3 Except with the Owner's prior approval, payments for the Work, other than for services provided by design professionals ·. and other consultants retained directly by the Design-Builder, shall be subject to retain age of not less than Five percent ( .Q_% ). The

Owner and Design-Builder shall agree on a mutually acceptable procedure for review and approval of payments and retention for ContractorS.

PAGES

[ ] Mbitratiaa JltlFStlaftt te 8eetiea A.4.4 efEJfhibit A, Terms ftftd Ceaaitieas

: r!J . Litigation in a court of competent jurisdiction

Additions and Deletions Report for AlA Document A141 TM - 2004. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA., Document, 4 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 AlA software at 12:05:31 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1933716312)

§ 6.3 ARBITRATION § 6.3.1 IfATeiti'atiE>H is seleeteEI ~the parties as the metheEI efbiHEiiflg EliSfl~:tte Feseli:HieH, theH aa:y elaim, Elisp~:tte eF otheF matteF iH E}l:lestiE>H arising em: efeF FelateEI te this AgFeemeHt shall be Slfbjeet te areitFatieft as f'Fe>fiEieEI iH 8eetieH AAA efEJrnibit A, TeFffis aaEI CSHElitieHs.

§. 7.1 The ArcMect, other design professionals and consultants engaged by the DesigH B~:tilEieF Design-Build Contractor shall be .·persons or entities duly licensed to practice their professions in the jurisdiction where the Project is located and are listed as follows:

Name anEI AEIEiress bi&ense Number Relatienship te Design Builder

Other lnfermatien

Name and Address Slerilmons Associates Architects. p.a. 534 S. Kansas Ave;. Suite 140 Topeka. KS 66603-3432

License Number Relationship to Design-Builder Architect

§ 7.2 Consultants, if any, engaged directly by the Gwaer,-Design-Build Contractor. their professions and responsibilities are listed below:.

bl&ense Number Respensibilities Other lnfermatien

· ·Name and Address Counsilman-Hunsaker 10733 Sunsetorive. 4th Floor St. Louis: MO 63127 Latimer. Sommers & Associates. PA 3639 SW Summerfield Dr .. Suite A Topeka, KS 66614

·. Certus Structural Engineers · . 900 S. Kansas Ave .. Suite 400 Topeka. KS 66612 Bartlett & West. Inc. 1200 SW Executive Dr .. Suite A Topeka. KS66615 Terracon 3113' SW Van Buren St. Topeka. KS 66611

te Owner

License Number Responsibilities to Owner Aquatic Design Specialist

MEP. Fire & Life Safety Engineer

Structural Engineers

Civil Engineers I Landscape Architects

Geotechnical Engineering

§ 7.3 Separate. contractors, if any, engaged directly by the Gwaer,-Design-Build Contractor. their trades and responsibilities are listed below: ··

Name anEI AEIEiress bi&ense Number Respensibilities Other lnfermatien te Owner

Additions and Deletions Report for AlA Document A141 TM- 2004. Copyright II:) 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, 5 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Jaw. This document was produced by AlA software at 12:05:31 on 06/15/2015 under Order No.7363492396_1 which expires on 11105/2015, and is not for resale. User Notes: · (1933716312)

Name and Address The Pool Company. Inc. 3077 20th St. E. Suite D Tacoma. WA 98424

License Number Responsibilities to Contractor Aquatic Construction Specialist

Tefry Bertels Director of Recreation 200 SE 7th St.· Topeka. KS 66603

§ 7.4.1 The Owner's Designated Representative identified above shall be authorized to act on the Owner's behalf with respect to · the Project. However. only the Board of County Commissioners has the authority to bind the Owner.

PAGE7

Tracy Green President

•. P;O~ Box8 12071owa St. Lawrence. KS 66044

J'ereeat ( %) One and One-Quarter Percent I 1.25 %) per month

TBD

PAGES

AlA A141 AIAA141 AIAA141

Kevin J. Cook. Chair

Exhibit 'A' Terms & Conditions Exhibit 'B' Determination of Cost of Work Exhibit 'C' Insurance & Bonds

Board of County Commissioners Tracy Green. President

Additions and Deletions Report for AlA Document A141 TM -2004. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA., Document, 6 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 AlA software at 12:05:31 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1933716312)

:::J C) u 0 0

Certification of Document's Authenticity AtA®Document 0401™- 2003

I, Tracy Green, hereby certify, to the best of my knowledge, information and belief, that I created the attached final · document simultaneously with its associated Additions and Deletions Report and this certification at 12:05:31 on · 06/15/2015 under Order No. 7363492396 _1 from AlA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AlA® Document A141™- 2004, Standard Form of Agreement Between O:wner and Design-Builder, as published by the AlA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report.

(Title)

AlA Document D401 no - 2003. Copyright© 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may 1 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:05:31 on 06/15/2015 under Order No. 7363492396_1 which expires on 11/05/2015, and Is not for resale. User Notes: (1933716312)

I nit.

Document A141™- 2004 Exhibit A Terms and Conditions

for the following PROJECT: (Name and location or address)

New Aquatic Facilities Shawnee County Kansas

THE OWNER: (Name, /ega/status and address)

The Board of County Commissioners Shawnee County Kansas 200 SE 7th St. Topeka, KS 66603

THE. DESIGN-BUILDER: (Name, legal status ancf address)

B.A. Green Construction Co.,lnc. P.O .. Box8 Lawrence, Kansas 66044-0008 -

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 AlA 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 AlA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

Consultation with an attorney is also encouraged with respect to professional licensing requirements in the jurisdiction where the Project is located.

AlA Document A141 TM- 2004 Exhibit A. Copyright© 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA., Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA• Document, or any portion of it, may 1 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

GENERAL PROVISIONS

A.2 OWNER

A.3 DESIGN-BUILDER

A.4 DISPUTE RESOLUTION

, A.S AWARD OF CONTRACTS

A.6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

"-- -··-'

A.7 CHANGES IN THE WORK

A.8 TIME

A.9 PAYMENTS AND COMPLETION

A.lO PROTECTION OF PERSONS AND PROPERTY . . .

- -- . -

. A:u INSURANCE AND sriNDS

----- _- - ~-

. A.12 UNCOVERING AND CORRECTION OF WORK

. A.13 .• ·. MISCELLANEOUS PROVISIONS

A.14 . TERMINATION OR SUSPENSION OF THE DESIGN-BUILD CONTRACT

AlA Document A141"' - 2004 Exhibit A. Copyright e 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may 2 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No. 7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

ARTICLE A.l GENERAL PROVISIONS § A.l.l BASIC DEFINITIONS § A.l.l.l THE DESIGN-BUILD DOCUMENTS The Design-Build Documents are identified in Section 1.1 of the Agreement.

§ A.1.1.2 PROJECT CRITERIA The Project Criteria are identified in Section 8.1.3 of the Agreement and may describe the character, scope, relationships, forms, size and appearance of the Project, materials and systems and, in general, their quality levels, performance standards, requirements or criteria, and major equipment layouts.

§ A.1.1.3 ARCHITECT The Architect: is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and having a direct contract with the Design-Builder to perform design services for all ora portion. of the Work, and is referred to throughout the Design-Build Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative.

§ A.1.1.4 CONTRACTOR A Contractor is a person or entity, other than the Architect, that has a direct contract with the Design-Builder to perform all or a portion of the construction required in connection with the Work. The term "Contractor" is referred to throughout the Design-Build Documents as if singular in number and means a Contractor or an autfiorizedrepresentative of the Contractor. The term "Contractor" does not include a separate contractor, as defined in Section A.6.1.2, or subcontractors of a separate contractor.

§ A.1.1 • .5 SUBCONTRACTOR A Subcontractor is a person or entity who has a direct contract with a Contractor to perform a portion of the construction required in connection with the Work at the site. The term "Subcontractor" is referred to throughout the Design-Build Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor~

§ A.1.1.6 THEWORK . .

The term "Work" means the design; construction and services required by the Design-Build Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Design-Builder to fulfill the Design-Builder's obligations. The Work may constitute the whole or

·apart of the Project.

§ A.1.1.7 THE PROJECT the Project is the total deslgn and construction of which the Work performed under the Design-Build Documents may be the whole or a part, and which may include design and construction by the Owner or by separate contractors.

§ A.1.1.8 NEUTRAL ··The Neutral is the individual appointed by the parties to decide Claims and disputes pursuant to Section A.4.2.1.

§ A.1.2 COMPLIANCE WITH APPLICABLE LAWS § A.1.2.11f the Design-Builder believes that implementation of any instruction received from the Owner would cause a violation of any applicable law, statute, ordinance, building code, rule or regulation, the Design-Builder shall notifY the Owner in writing. Neither the Design-Builder nor any Contractor or Architect shall be obligated to perform ciuiy act which they believe will violate any applicable law, ordinance, rule or regulation .

. . § A.1.2.2 The Design-Builder shall be entitled to rely on the completeness and accuracy of the information contained in the Project Criteria, but not that such information complies with applicable laws, regulations and codes, which shall be the obligation of the Design-Builder to determine. In the event that a specific requirement of the Project Criteria conflicts with applicable laws, regulations and codes, the Design-Builder shall furnish Work which complies with such laws, regulations and codes. In such case, the Owner shall issue a Change Order to the

AlA Document A141,.- 2004 Exhibit A. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA• Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may 3 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No. 7363492396_1 which expires on 11/05/2015, and Is not for resale. User Notes: ( 1265263692)

I nit

Design-Builder unless the Design-Builder recognized such non-compliance prior to execution of this Agreement and failed to notify the Owner.

§ A.1.3 CAPITALIZATION § A.1.3.1 Terms capitalized in these Terms and Conditions include those which are (1) specifically defined, (2)'the titles of numbered articles and identified references to sections in the document, or (3) the titles of other documents published by the American Institute of Architects .

. §A.1.41NTERPRETATION

§ A.1.4.11n the interest of brevity, the Design-Build Documents frequently omit modifying words such as "all" and "any" and artiCles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another isnot intended to affect the interpretation of either statement.

§ A.1.4.2 Unless otherwise stated in the Design-Build Documents, words which have well-known technical or construction industry meanings are used in the Design-Build Documents in accordance with such recognized meanings ..

§ A.l.S EXECUTION OF THE DESIGN-BUILD DOCUMENTS § A.1.5.1The Design-Build Documents shall be signed by the Owner and Design-Builder.

§ A.1.5.2 Execution of the Design-Build Contract by the Design-Builder is a representation that the Design-Builder has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Design-Build Documents.

§ A.1.6 OWNERSHIP ~NO USE OF DOCUMENTS AND ELECTRONIC DATA § A.1.6.1 Drawings, specifications, and other documents including those in electronic form, prepared by the Architect and furnished by the Design-Builder are Instruments of Service. The Design-Builder, Design-Builder's Architect and other providers of professional services individually shall retain all common law, statutory and other reserved rights, including copyright in those Instruments of Services furnished by them. Drawings, specifications, ahd other documents and materials and electronic data are furnished for use solely with respect to this Project.

§ A.1.6.2 Upon execution of the. Design~Build Contract, the Design-Builder grants to the Owner a non-exclusive license. to reproduce and use the Instruments of Service solely in connection with the Project, including the Project's further development by the Owner and others retained by the Owner for such purposes, provided that the Owner shall comply with all obligations, including prompt payment of sums when due, under the Design-Build Documemts. Subject to the Owner's compliance with such obligations, such license shall extend to those parties retained by the Owner for such purposes, including other design professionals. The Design-Builder shall obtain similar non-exclusive licenses from its design professionals, including the Architect. The Owner shall not otherwise assign or transfer any license herein to another party without prior written agreement of the Design-Builder. Any unauthorized reproduction or use of the Instruments of Service by the Owner or others shall be at the Owner's sole risk and expense without liability to the Design-Builder and its design professionals. Except as provided in Section A.1.6.4, termination of this Agreement prior to completion of the Design-Builder's services to be

. performed under this Agreement shall terminate this license.

§ A.1.6.3 Prior to any electronic exchange by the parties of the Instruments of Service or any other documents or materials to be provided by one party to the other, the Owner and the Design-Builder shall agree in writing on the specific conditions governing the format thereof, including any special limitations or licenses not otherwise

. providedin the Design-Build Documents.

§ A.1.6.4 If this Agreement is terminated for any reason other than the default of the Owner, each of the Design-Builder's design professionals, including the Architect, shall be contractually required to convey to the Owner a non-exclusive license to use that design professional's Instruments of Service for the completion, use and maintenance of the Project, conditioned upon the Owner's written notice to that design professional of the Owner's assumption of the Design-Builder's contractual duties and obligations to that design professional and

AlA Document A141 TM- 2004 Exhibit A. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AJA8 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 4 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Jaw. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

payment to that design professional of all amounts due to that design professional and its consultants. If the . Owner does not assume the remaining duties and obligations of the Design-Builder to that design professional

uriderthis Agreement, then the Owner shall indemnify and hold harmless that design professional from all claims and any expense, including legal fees, which that design professional shall thereafter incur by reason of the Owner's use of such Instruments of Service. The Design-Builder shall incorporate the requirements of this Section

A-1.6.4 in all agreements with its design professionals.

§ A.1.6.5 Submission or distribution of the Design-Builder's documents 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 rights reserved in Section A.1.6.1.

ARTICLE A.2 OWNER . § A.2.1 GENERAL § A.2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Design~ Build Documents as if singular in number. The Owner shall render decisions in a timely manner and in accordance with the Design-Builder's schedule submitted to the Owner.

§ A.2.1.2 The Owner shall furnish to the Design-Builder within 15 days after receipt of a written request information necessary and relevant for the Design-Builder to evaluate, give notice of or enforce mechanic's lien rights; Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein.

§ A.2~2 .INFORMATION AND SERVICES REQUIRED OF THE OWNER § A.2.2.llnformation or services required of the Owner by the Design-Build Documents shall be furnished by the Owner With reasonable promptness. Any other information or services relevant to the Design-Builder's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Design,:Builder of a written request for such information or services.

§ A.2.2.2 Shawnee County will provide B.A. Green with any and all survey/utility location documents ,any new surveys or utility location work required will be a responsibility of the Design-Builder, describing physical characteristics, legal limitations, and utility locations for the site of this Project, and a written legal description of the site. The. sunleys and legal .information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments; zoning, deed restriction, boundaries, and contours of the site; locations, dimensions, and necessary data pertaining 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.

§ A.2.2.3 The Owner shall provide, to the extent available to the Owner and if not required by the Design-Build Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems, chemical, air and water pollution, hazardous materials or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site.

§ A.2.2.4 The Owner may obtain independent review of the Design-Builder's design, construction and other

documents by a separate architect, engineer, and contractor or cost estimator under contract to or employed by the Owner. Such independent review shall be undertaken at the Owner's expense in a timely manner and shall not delay the orderly progress of the Work.

· § A.2.2.5 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections. The Owner shall not be required to pay the fees for such permits, licenses and inspections unless the cost of such fees is excluded from the responsibility of the Design-Builder under the Design-Build Documents.

AlA Document A141"' - 2004 Exhibit A. Copyright e 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 5 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit.

§ A.2.2.6 The services, information, surveys and reports required to be provided by the Owner under Section A.2.2, shall befurnished at the Owner's expense, and the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof, except as otherwise specifically provided in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing.

§ A.2.2.7 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.

§ A.2.2.8 The Owner shall, at the request of the Design-Builder, prior to execution of the Design-Build Contract and promptly upon request thereafter, furnish to the Design-Builder reasonable evidence that financial arrangements bave been made to fulfill the Owner's obligations under the Design-Build Documents.

· § A.2.2.9 The Owner shaircommunicate through the Design-Builder with persons or entities employed or retained by the Design-Builder, unless otherwise directed by the Design-Builder.

§ A.2.2.10 B.A. Green shall procure the services of geotechnical engineers or other consultants, required by the Design-Build Documents to be provided by the Design-Builder, for subsoil and water conditions when such services are deemed reasonably necessary by the Design-Builder to properly carry out the design services provided by the Design-Builderand the Design-Builder's Architect. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reportsand professional recommendations. -- - . -

§ A.2:2.11 The Ow11er shall promptly obtain easements, zoning variances, and legal authorizations regarding site utilization where essential to the execution of the Owner's program.

§ A.2.3 OWNER REVIEW AND INSPECTION § A.2.3.1 The Owner shall review and approve or take other appropriate action upon the Design-Builder's submittals, inclul:)ingbut not limited to design and construction documents, required by the Design-Build Documents, but only for the limited purpose of checking for conformance with information given and the design

··concept expressed in the Design~Build Documents. The Owner's action shall be taken with such reasonable promptness asto cause no delay il]the Work or in the activities of the Design-Builder or separate contractors. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Design-Builder as required by the Design-Build Documents.

§ A.2.3.2 Upon review of the design documents, construction documents, or other submittals required by the Design-Build Documents, the Owner shall take one of the following actions:

.1 Determine that the documents or submittals are in conformance with the Design-Build Documents . and approve them .

• 2 Determine that the documents or submittals are in conformance with the Design-Build Documents but request changes in the documents or submittals which shall be implemented by a Change in the .Work .

. 3 Determine that the documents or submittals are not in conformity with the Design-Build Documents . and reject them .

• 4 · .• Determine that the documents or submittals are not in conformity with the Design-Build

Documents, but accept them by implementing a Change in the Work . • 5 Determine that the documents or submittals are not in conformity with the Design-Build

Documents, but accept them and request changes in the documents or submittals which shall be implemented by a Change in the Work.

§ A.2.3.3 The Design-Builder shall submit to the Owner for the Owner's approval, pursuant to Section A.2.3.1, any

proposed change or deviation to previously approved documents or submittals. The Owner shall review each

AlA Document A141,.. - 2004 Exhibit A. Copyright e 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 6 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

proposed change or deviation to previously approved documents or submittals which the Design-Builder submits to the Owner for the Owner's approval with reasonable promptness in accordance with Section A.2.3.1 and shall make.one of the determinations described in Section A.2.3.2.

§ A.2.3.4 Notwithstanding the Owner's responsibility under Section A.2.3.2, the Owner's review and approval of the. Design-Builder's documents or submittals shall not relieve the Design-Builder of responsibility for compliance with the Design-Build Documents unless a) the Design-Builder has notified the Owner in writing of the deviation prior to approval by the Owner or, b) the Owner has approved a Change in the Work reflecting any deviations from the requirements of the Design-Build Documents.

§A-2.3.5 The Owner may visit the site to keep informed about the progress and quality of the portion of the Work completed .. However, the Owner shall not be required to make exhaustive or continuous on-site inspections to

.. ·check the quality or quantity of the Work. Visits by the Owner shall not be construed to create an obligation on the

·•· part of the Owner to make on-site inspections to check the quantity or quality of the Work. The Owner shall neil:herhavecontrof over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Design-Builder's rights and responsibilities under the Design-Build Documents, except as provided in - . . . .

Section A.3.3.7.

§ A.2.3.6 The Owner shall not be responsible for the Design-Builder's failure to perform the Work in accordance with the requirements of the Design-Build Documents. The Owner shall not have control over or charge of and will not be responsible for acts or omissions of the Design-Builder, Architect, Contractors, or their agents or empl~yees, or any other persons or entities performing portions of the Work for the Design-Builder .

. · § A.2.3. 7 The Owner may reject Work that does not conform to the Design-Build Documents. Whenever the Owner considers It necessary or advisable, the Owner shall have authority to require inspection or testing of the Work in accordance with Section A.13.5.2, whether or not such Work is fabricated, installed or completed. Howeve~, neitherthis authority of the Owner nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Owner to the Design-Builder, the Architect, Contractors, materialarid equipment suppliers, their agents or employees, or other persons or entities performing

·· PQrtiol1s of tl1eWork.

§ A.2.3.8 The Own~r may appoint an on-site project representative to observe the Work and to have such other responsibilities as the. Owner and the Design-Builder agree to in writing .

. § A.2.3.9 The Owner shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion.

§ A.2.4 OWNER'S RIGHT TO STOP WORK . § A.2.4.11f the Design-Builder fails to correct Work which is not in accordance with the requirements of the Design-Build Documents as required by Section A.12.2 or persistently fails to carry out Work in accordance with

.the Design-Build Documents, the Owner may issue a written order to the Design-Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the

···Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Design-Builder or any other person or entity, except to the extent required by Section A.6.1.3.

§ A.2.5 OWNER'S RIGHT TO CARRY OUT THE WORK § A.2:S.llftheDesign-Builder defaults or neglects to carry out the Work in accordance with the Design-Build

••. Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue corr~ction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Design-Builder a second written notice to correct such deficiencies within a three-day period. If the Design-Builder within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or

AlA Document A141"'- 2004 Exhibit A. Copyright@ 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 7 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: ( 1265263692)

I nit.

thereafter due the Design-Builder the reasonable cost of correcting such deficiencies. If payments due the .. Design-Builder are not sufficient to cover such amounts, the Design-Builder shall pay the difference to the Owner.

ARTICLE A.3 DESIGN-BUILDER § A.3:1 GENERAL § A.3.1.1 The Design-Builder is the person or entity identified as such in the Agreement and is referred to

<throughout the Design-Build Documents as if singular in number. The Design-Builder may be an architect or other design professional, a construction contractor, a real estate developer or any other person or entity legally permitted to do business as a design-builder in the location where the Project is located. The term "Design-Builaer" means the Design-Builder or the Design-Builder's authorized representative. The Design-Builder's representative is authorized to act on the Design-Builder's behalf with respect to the Project.

§ A.3.1.2 The Design-Builder shall perform the Work in accordance with the Design-Build Documents.

§ A.3.2 DESIGN SERVICES AND RESPONSIBILITIES ·. § A.3.2~1 When applicable law requires that services be performed by licensed professionals, the Design-Builder

shall provide those services through the performance of qualified persons or entities duly licensed to practice their professions. The Owner understands and agrees that the services performed by the Design-Builder's Architect and the Design-Builder's other design professionals and consultants are undertaken and performed in the sole interest of and for the exclusive. benefit of the Design-Builder.

§ A.3.2:2 The agreements between the Design-Builder and Architect or other design professionals identified in the Agreement, and in any subsequent Modifications, shall be in writing. These agreements, including services and financial arrangements with respect to this Project, shall be promptly and fully disclosed to the Owner upon the Owner'swritten request.

" -· - " ~

. § A.3.2.3 The Design-Builder shall be responsible to the Owner for acts and omissions of the Design-Builder's ernployees, Architect, Contractors, Subcontractors and their agents and employees, and other persons or entities, inCluding the Architect and other design professionals, performing any portion of the Design-Builder's obligations under the Design-Build Documents.

~~tt3.2.4Th.e Design~Builder shall carefully study and compare the Design-Build Documents, materials and other information provided by the Owner pursuant to Section A.2.2, shall take field measurements of any existing conditions related to the Work, shall observe any conditions at the site affecting the Work, and report promptly to the Owner any errors, inconsistencies or omissions discovered.

§ A.3.2~5 The Design-Builder shall provide to the Owner for Owner's written approval design documents sufficient tokstablish the size, quality and character of the Project; its architectural, structural, mechanical and electrical systems; and the materials arid such other elements of the Project to the extent required by the Design-Build Documents. Deviations, if any, from the Design-Build Documents shall be disclosed in writing.

§ A.3.2.6 Upon the. Owner's written approval of the design documents submitted by the Design-Builder, the Design-Build~rshall provide construction documents for review and written approval by the Owner. The construction documents shall set forth in detail the requirements for construction of the Project. The construction

documents shall inch.ide drawings and specifications that establish the quality levels of materials and systems ...•. required. Deviations, if any, from the Design-Build Documents shall be disclosed in writing. Construction

documents may include drawings, specifications, and other documents and electronic data setting forth in detail the requirements for construction of the Work, and shall:

·· .1 be consistent with the approved design documents; .2 provide information for the use of those in the building trades; and .3 include documents customarily required for regulatory agency approvals.

§ A.3.2.7 The Design-Builder shall meet with the Owner periodically to review progress of the design and construction documents.

AlA Document A141 TM- 2004 Exhibit A. Copyright C> 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may 8 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No. 7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

§ A.3 .. 2.8 Upon the Owner's written approval of construction documents, the Design-Builder, with the assistance of the Owner, shall prepare and file documents required to obtain necessary approvals of governmental authorities

oaving jurisdiction over the Project.

§ A.3~2.9 The Design-Builder shall obtain from each of the Design-Builder's professionals and furnish to the Owner certifications with respect to the documents and services provided by such professionals (a) that, to the best of their knowledge, information and belief, the documents or services to which such certifications relate (i) are consistent with the Project Criteria set forth in the Design-Build Documents, except to the extent specifically

·identified in such certificate, (ii) comply with applicable professional practice standards, and (iii) comply with applicable laws,. ordinances, codes, rules and regulations governing the design of the Project; and (b) that the Owner and its consultants shall be entitled to rely upon the accuracy of the representations and statements contained in such certifications.

§ A.3.2.10 If the Owner requests the Design-Builder, the Architect or the Design-Builder's other design professionals to execute certificates other than those required by Section A.3.2.9, the proposed language of such certificates shall be submitted to the Design-Builder, or the Architect and such design professionals through the Design-Builder, for review and negotiation at least 14 days prior to the requested dates of execution. Neither the Design-Builder, the Architect nor such other design professionals shall be required to execute certificates that would require knowledge, services or responsibilities beyond the scope oftheir respective agreements with the Owner or Design-Builder.

§ A.3.3 CONSTRUCTION § A.3~3:1 The Design-Builder shall perform no construction Work prior to the Owner's review and approval of the conStruction dod.11l1ents. The Design-Builder shall perform no portion of the Work for which the Design-Build Dot:uments require the Owner's review of submittals, such as Shop Drawings, Product Data and Samples, until the Owrier has approved each submittal.

§ A.3.3.2The construction Work shall be in accordance with approved submittals, except that the Design-Builder . shall not be relieved of responsibility for deviations from requirements of the Design-Build Documents by the o-.v~er's approval of design and construction documents or other submittals such as Shop Drawings, Product Data, Samples or other submittals unless the Design-Builder has specifically informed the Owner in writing of such deviation at thetime of submittal and (1) the Owner has given written approval to the specific deviation as a minor cfii:inge in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation.The Design-Builder shall not be relieved of responsibility for errors or omissions in design and construction documents or other submittals such as Shop Drawings, Product Data, Samples or other submittals by the Owner'~ approval thereof.

§ A.3.3.3 The Design-Builder shall direct specific attention, in writing or on resubmitted design and construction doc:uments or other submittals such as Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Owner on previous submittals. In the absence of such written notice, the Owner's approval of a resubmission shall not apply to such revisions.

-- - -

§ A.3.3.4 When the Design-Build Documents require that a Contractor provide professional design services or certifications related to systems, materials or equipment, or when the Design-Builder in its discretion provides such design services or certifications through a Contractor, the Design-Builder shall cause professional design serVices or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professionals, ifprepared by others, shall bear such design professional's written approval. The Owner shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals.

AlA Document A141 TM - 2004 Exhibit A. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA• Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 9 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No. 7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

§ A.3.3.5 The Design-Builder shall be solely responsible for and have control over all construction means, methods, tt=chniques, sequences and procedures and for coordinating all portions of the Work under the Design-Build DCicuments.

§ A.3.3.6 The Design-Builder shall keep the Owner informed of the progress and quality of the Work.

§ A.3.3.7 The Design-Builder shall be responsible for the supervision and direction of the Work, using the Design-Builder's best skill and attention. If the Design-Build Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Design-Builder shall evaluate the jobsite

· safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Design-Builder determines that such means, methods, techniques, sequences or procedures may not be safe, the Design-Builder shall give timely written notice to the Owner and shall riot proceed with that portion of the Work without further written instructions from the Owner. If the Design-~uilder is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Design-Builder, the Owner shall be solely responsible for any resulting loss or damage.

§ A;3.3.8 The Design-Builder shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work.

· § A.3.4 LABOR AND MATERIALS . § A.3.4.llJnless other\Nise provided in the Design-Build Documents, the Design-Builder shall provide or cause to be pr()vided a11d shall payfordesign services, labor, materials, equipment, tools, construction equipment and

··.machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and colllpletion of the Work,, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

~ --- - - -- -

- - ____ ---: .. § A.3;4:2yYhen a material is specified in the Design-Build Documents, the Design-Builder may make substitutions only with the consent oftheOwner and, if appropriate, in accordance with a Change Order.

• § A.3.4.3 The Design-Builder shall emfofce strict discipline and good order among the Design-Builder's employees and other persons carrying out the Design-Build Contract. The Design-Builder shall not permit employment of unfit persons or persons not skilled in task~ assigned to them.

- ---- ~-- - -- --

§ A.3.5 WARRANTY '§ A.3.S;l The Design-Builder wan·antsto the Owner that materials and equipment furnished under the Design-Build. Documents will be of good quality and new unless otherwise required or permitted by the Design-Build Documents, that the Work will be free from defects not inherent in the quality required or permitted by law or otherwise, arid that the Work will conform to the requirements of the Design-Build Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Design-Builder's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Design-Builder, improper or insufficient maintenance, improper operation, or

. normal wear and tear and normal usage. If required by the Owner, the Design-Builder shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

§ A.3.6 TAXES § A.3.6.1 The Design-Builder shall pay all sales, consumer, use and similar taxes for the Work provided by the

. Design~ Builder which had been legally enacted on the date of the Agreement, whether or not yet effective or merely scheduled to go into effect.

§ A.3.7 PERMITS, FEES AND NOTICES

§ A.3.7.1 The Design-Builder shall secure and pay for building and other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work which are customarily secured

AlA Document A141 TM - 2004 Exhibit A. Copyright© 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA8 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may 10 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No. 7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: ( 1265263692)

I nit

after execution of the Design-Build Contract and which were legally required on the date the Owner accepted the Design-Builder's proposal.

§ A.3.7.2 The Design-Builder shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project.

§ A.3.7.3 It is the Design-Builder's responsibility to ascertain that the Work is in accordance with applicable laws, ordinances, codes, rules and regulations.

§ A.3.7.41fthe Design~Builder performs Work contrary to applicable laws, ordinances, codes, rules and regulations, the Design"Builder shall assume responsibility for such Work and shall bear the costs attributable to correction.

§ A.3.8 ALLOWANCES § A.3.8.1 The Design-Builder shall include in the Contract Sum all allowances stated in the Design-Build Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the. Design-Builder shall not be required to employ persons or entities to which the Design-Builder has reasonable objection.

§ A.3.8.2 Unless otherwise provided in the Design-Build Documents: ;1 ·allowances shall cover the cost to the Design-Builder of materials and equipment delivered at the

site and all required taxes, less applicable trade discounts; .2 Design-Builder's costs for unloading and handling at the site, labor, installation costs, overhead,

profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and

.3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section A.3.8.2.1 and (2) changes in Design-Builder's costs under Section A.3.8.2.2.

§ A.3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work.

§ A:3.9 DESIGN-BUILDER'S SCHEDULE § A.3.9.1 The Design-Builder, promptly after execution of the Design-Build Contract, shall prepare and submit for the Owner's information the ·Design-Builder's schedule for the Work. The schedule shall not exceed time limits and shall be in such detail as required \Jnder the Design-Build Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Design-Build Documents, shall provide for expeditious and practicable execution of the Work and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project.

§ A.3.9.2 The Design-Builder shall prepare and keep current a schedule of submittals required by the Design-Build ·Documents.

§ A.3.9.3 The Design-Builder shall perform the Work in general accordance with the most recent schedules submitted to the Owner.

§ A.3.10 DOCUMENTS AND SAMPLES AT THE SITE .. § A.3.10.1The Design-Builder shall maintain at the site for the Owner one record copy of the drawings, specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be delivered to the Owner upon completion of the Work.

AlA Document A141TM- 2004 Exhibit A. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA• Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 11 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No. 7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: ( 1265263692)

I nit

. · .. § A.3.11SHOP DRAWINGS, PRODUCT DATA AND SAMPLES · § A.3.1i.l Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the

Design-Builder or a Contractor, Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.

.• § A.3.11.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, ·diagrams and other information furnished by the Design-Builder to illustrate materials or equipment for some portion of the Work.

§ A.3.11.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish ·standards by which theWork will be judged.

§ A.3.11.4 Shop Drawings, Product Data, Samples and similar submittals are not Design-Build Documents. The ·. purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by

the Design~Build Documents the way by which the Design-Builder proposes to conform to the Design-Build Documents.

§ A.3.11.5 TheDesign~Builder shall review for compliance with the Design-Build Documents and approve and submit to the Owner only those Shop Drawings, Product Data, Samples and similar submittals required by the Design-Build Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in

·the activities of the Owner orofseparate contractors. . .

- ' - -

§ A.3.11~6. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Design~Builder represents that the Design-Builder has determined and verified materials, field measurements and

. field i:6n~tructi~n criteria related thereto, or will do so, and has checked and coordinated the information contained ~.ithinsuch submittals with the requirements of the Work and of the Design-Build Documents.

. -- ·--

§ A.3.12 USE OF srrE § ,t(i12.l.The [)esign~Bliiider shall confine operations at the site to areas permitted by law, ordinances, permits and the Design:Build Documents, and,shall not unreasonably encumber the site with materials or equipment.

·--- _._- -_--:·:

§ A.3.13 CUTTIN§ AND PATCHING ..

§ A.3.13.1 Thepesign-Builder shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly~ . - - . . .

- ._ .. _, ....

. .

§ A.3.13.2The Design-Builder shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction or by excavation. The Design-Builder shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Design-Builder shall not unreasonably withhold from the Owner or a separate contractor the Design-Builder's consent to cutting or otherwise altering the Work.

§ A:3.14 CLEANING UP § A.3.14.1 The Design~ Builder shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Design-Build Contract. At completion of the Work, the De~ign-BIJilder shall remove from and about the Project waste materials, rubbish, the Design-Builder's tools, construction"eqllipment, machinery and surplus materials.

§ A.3.14.2Jft:he Design-Builder fails to clean up as provided in the Design-Build Documents, the Owner may do so and the cost thereof shall be charged to the Design-Builder.

AlA Document A141 TM- 2004 Exhibit A. Copyright e 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA., Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 12 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and Is not for resale. User Notes: ( 1265263692)

I nit

§ A.3.15 ACCESS TO WORK § A.3.15.1 The Design-Builder shall provide the Owner access to the Work in preparation and progress wherever located.

§ A.3.16 ROYALTIES, PATENTS AND COPYRIGHTS § A~3.16.1 The Design-Builder shall pay all royalties and license fees. The Design-Builder shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required or where the copyright violations are contained in drawings, specifications or other documents prepared by or furnished to the Design-Builder by the Owner. However, if the Design-Builder has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Design~Builder shall be responsible for such loss unless such information is promptly furnished to theOwneL.

§ A.3.17 INDEMNIFICATION § A.3.17.1 To the fullest extent permitted by law, the Design-Builder shall. indemnify and hold harmless the Owner, Owner's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or to injuryto or destruction of tangible property other than the Work itself, but only to the extent caused by the negligent acts or omissions of the Design-Builder, Architect, a Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section A.3.17.

-- -~-- - - - '

§ A.3.17.2 In claims against any person or entity indemnified under this Section A.3.17 by an employee of the Design-Builder, the Architect, a Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section A.3.17.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Design~Builder,.the Architect or a Contractor or a Subcontractor under workers' compensation acts, disability

· benefit acts orother employee benefit acts.

ARTICLE A.4 DISPUTE RESOLUTION § A.4.1 CLAIMS AND DISPUTES § A.4.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Design-Build Contract terms, payment of money, extension of time or other relief with respect to the terms of the Design-Build Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Design-Builder arising out of or relating to the Design-Build Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim.

§ A.4.1.2 Time Limits on Claims. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the other party.

§ A.4.1.3 Continuing Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section A.9. 7.1 and Article A.14, the Design-Builder shall proceed diligently with performance of the

. Design-Build Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.

§ A.4.1.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Design-Build Documents or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character

AlA Document A141 TM - 2004 Exhibit A. Copyright II:? 2004 by The American Institute of ArchHects. All rights reserved. WARNING: This AlA"' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 13 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/1512015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

provided for in the Design-Build Documents, then the observing party shall give notice to the other party promptly qefore conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Owner shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Design-Builder's cost of, or time required for, performance of any part of the Work, shall negotiate with the Design~ Builder an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design-Build Documents and that no change in the terms of the Design-Build Contract is justified, the Owner shall so notify the Design-Builder in writing, stating the reasons. Claims by the Design-Builder in opposition to such determination must be made within 21 days after the Owner has given notice of the decision. If the conditions encountered are materially different, the Contract: Sum and Contract Time shall be equitably adjusted, but if the Owner and Design-Builder

·.·· cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall proceed pursuant to · section A.4.2. ·

§ A.4.1.5 Claims for Additional Cost. If the Design-Builder wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to~m emergency endangering life or property arising under Section A.10.6.

§ A.4.1.6 If the Design-Builder believes additional cost is involved for reasons including but not limited to (1) an order by the Owner to stop the Work where the DesigncBuilder was not at fault, (2) a written order for the Work issued by the Owner, (3) failure of payment by the Owner, (4) termination of the Design-Build Contract by the Owrier, (5) Owner's suspension or (6) other reasonable grounds, Claim shall be filed in accordance with this Section

.. A.4.1.

.·.·•··· §~A4.L7 Claims for Additional Time

§ A.4.1~7 .llf the Design-Builder wishes to make Claim for an increase in the Contract Time, written notice as provided hereinshallbe given. The Design-Builder's Claim shall include an estimate of the time and its effect on the progress ofthe Work. In the case of a continuing delay, only one Claim is necessary.

. . .

§ A .. 4.1.?.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented b'/ data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction.

·• § A.4.I.8 Injury or Damage to Person or Property. If either party to the Design-Build Contract suffers injury or damage to person orproperty because of an act or omission of the other party or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter.

§ A.4.1.9 If unit prices are stated in the Design-Build Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or

·· Design-Builder, the applicable unit prices shall be equitably adjusted.

§ A.4.1.10 Claims fur Consequential Damages. Design-Builder and Owner waive Claims against each other for consequential damages arising out of or relating to the Design-Build Contract. This mutual waiver includes:

.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and

.2 damages incurred by the Design-Builder for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work.

This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination

in accordance with Article A.14. Nothing contained in this Section A.4.1.10 shall be deemed to preclude an award

AlA Document A141 TM- 2004 Exhibit A. Copyright C> 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA~ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 14 result in severe civil and criminal penalties, and will be prosecuted to the maxim urn extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: ( 1265263692)

I nil

of liquidated direct damages, when applicable, in accordance with the requirements of the Design-Build Documents.

§ A.4.1.lllf the enactment or revision of codes, laws or regulations or official interpretations which govern the Project cause an increase or decrease of the Design-Builder's cost of, or time required for, performance of the Work, the Design-Builder shall be entitled to an equitable adjustment in Contract Sum or Contract Time. If the Owner and Design-Builder cannot agree upon an adjustment in the Contract Sum or Contract Time, the Design-Builder shall submit a Claim pursuant to Section A.4.1.

(Paragraphs deleted) § A.4.2.2 Decision by Owner. If the parties have not identified a Neutral in Section 6.1 of the Agreement or elsewhere in the DesigncBuild Documents then, except for those claims arising under Sections A.10.3 and A.lO.S,

·the Owner shall provfde an initial decision. An initial decision by the Owner shall be required as a condition precedentto mediation of all Claims between the Owner and Design-Builder arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Owner with no decision having been rendered by the Owner.

§ A.4.2.3 The initial decision pursuant to Section A.4.2.2 shall be in writing, shall state the reasons therefore and shall notify the parties of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject first to mediation under Section A.4.3 and thereafter to such other dispute resolution methods as provided in Section 6.2 of the Agreement or elsewhere in the Design-Build Documents ..

§ A.4.2.4 In the event of a Claim against the Design-Builder, the Owner may, but is not obligated to, notify the ·.surety, if any, of the nature and amount ofthe Claim. If the Claim relates to a possibility of a Design-Builder's · default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy.

§ A.4.2.5 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to initial resolution of the Claim. · · .. ·. · ··

··(Paragraphs deleted) ARTICLE A.S AWARD OF CONTRACTS § A.S.l Unless otherwise stated ih the Design-Build Documents or the bidding or proposal requirements, the Design-Builder, as soon as practicable after award of the Design-Build Contract, shall furnish in writing to the .Owner the names of additional persons or entities not originally included in the Design-Builder's proposal or in substitution of a person or entity (including those who are to furnish design services or materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Owner will promptly reply to the Design-Builder in writing stating whether or not the Owner has reasonable objection to any such proposed additional person or entitY. Failure of the Owner to reply promptly shall constitute notice of no reasonable objection.

§ A.S.2 The DesigncBuilder shall not contract with a proposed person or entity to whom which the Owner has made reasonable and timely objection. The Design-Builder shall not be required to contract with anyone to whom the.Design~Builder has made reasonable objection.

§ A.S.3 If the Owner has reasonable objection to a person or entity proposed by the Design-Builder, the • Design-Builder shall propose another to whom the Owner has no reasonable objection. If the proposed but rejected additional person or entity was reasonably capabl.e of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute person's or entity's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Design-Builder has acted promptly and responsively in submitting names as required.

AlA Document A141 TM - 2004 Exhibit A. Copyright e 20,04 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 15 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit.

§ A.S,4 The Design-Builder shall not change a person or entity previously selected if the Owner makes reasonable objection to such substitute.

§ A.S.S CONTINGENT ASSIGNMENT OF CONTRACTS § A.S.S.l Each agreement for a portion of the Work is assigned by the Design-Builder to the Owner provided that:

.1 assignment is effective only after termination of the Design-Build Contract by the Owner for cause pursuant to Section A.14.2 and only for those agreements which the Owner accepts by notifying the contractor in writing; and

.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the · Design-Build Contract.

. .

§ A.S.5.2.lJpon such assignment, if the Work has been suspended for more than 30 days, the Contractor's .. ·compensation shalL be equitably adjusted for increases in cost resulting from the suspension.

ARTICLE A.6 ·CONSTRUCTION ,BY OWNER OR BY SEPARATE CONTRACTORS § A.6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § A.6.1.1 The Owner re~enies the right to perform construction or operations related to the Project with the Owner's own forces andto award separate contracts in connection with other portions of the Project or other coristruction or operations on the site. The Design-Builder shall cooperate with the Owner and separate .contractors whose work might interfere with the Design-Builder's Work. If the Design-Builder claims that delay or

· additional cost is involvedbecau.se of such action by the Owner, the Design-Builder shall make such Claim as ••· provided in Section A.4.J. ·

· · § A.6.1.2 The term "separate contractor" shall mean any contractor retained by the Owner pursuant to Section A.6.:1.1. ·. . . .

§ A.6.1:3The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the work of the Design-Builder, who shall cooperate with them. The Design-Builder shall

• participate with other separate contractors and the Owner in reviewing their construction schedules when . directed to doso. The Design-Builder, shall make any revisions to the construction schedule deemed necessary

after a jointreview and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Design-Builder, separate contractors and the Owner until subsequently revised.

§ A.6.2. M UTUA[RESPONSIBILITY

§ A.6.2.1 The Design-Builder shall afford the Owner and separate contractors reasonable opportunity for introduction and storage oftheir materials and equipment and performance of their activities and shall connect :and coordinate the Design-Builder's construction and operations with theirs as required by the Design-Build • Documents ..

< ... . :~ =---~~-_:-_-_ -- . -

§ A:6~2.2 If part of the Desigll~Builder's Work depends for proper execution or results upon design, construction or operations by the Owner or a separate contractor, the Design-Builder shall, prior to proceeding with that portion of the Work; promptfy report to the Owner apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Design-Builder so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction. is fit and proper to receive the Design-Builder's Work, except as to defects not then reasonably

· ... i:liscoverable.

§ A.6.2.3 The Owner shall be reimbursed by the Design-Builder for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Design-Builder. The Owner shall be responsible to the Design-Builder for costs incurred by the Design-Builder because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor.

AlA Document A141 TM - 2004 Exhibit A. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 16 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No. 7363492396_1 which expires on 11/05/2015, and Is not for resale. User Notes: (1265263692)

I nit

§ A.6.2.4 The Design-Builder shall promptly remedy damage wrongfully caused by the Design-Builder to completed or partially completed construction or to property of the Owner or separate contractors.

§ A.6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described in Section A.3.13.

§ A.6.3 OWNER'S RIGHT TO CLEAN UP

§ A.6.3.11f a dispute arises among the Design-Builder, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and 'rubbish, the.Owner may clean up and the Owner shall allocate the cost among those responsible.

ARTICLE A.7 CHANGES IN THE WORK §A.7.1 GENERAL .~ A.7.1.~ Changes in the Work may be accomplished after execution of the Design-Build Contract, and without invalidating tfie Design-BuildContract, by Change Order or Construction Change Directive, subject to the limitations statedin tHis Article A. 7 and elsewhere in the Design-Build Documents.

§ A.7.1~2 A Change Order shall be based upon agreement between the Owner and Design-Builder. A Construction Change Din:!ctive may be issued by the Owner with or without agreement by the Design-Builder .

. ,. -- -- - -- -

§ A.7.1.3 Changes in the Work~hall be performed under applicable provisions of the Design-Build Documents, and the Design~Builder shall proceeid promptly, unless otherwise provided in the Change Order or Construction Change Directive.

§ A.7.2 CHANGE ORDERS

§ A.7.2.1 ACh(lllge Order is a written instrument signed by the Owner and Design-Builder stating their agreement upon all of the following:

~1 a cf1imgein the Work; ~2 the arnount of the adjustment, if any, in the Contract Sum; and ,3 the extent of the adjustment, if any, in the Contract Time.

-- - --- - -. ~ - -

----- '

§ A.7.2.21fthe Owner requests a proposal for a change in the Work from the Design-Builder and subsequently erects not to proceed with the change, a Change Order shall be issued to reimburse the Design-Builder for any costs incurred.for estimating services, design services or preparation of proposed revisions to the Design-Build Documents.

§ A.7.2.3 Methods used in determining adjustments to the Contract Sum may include those listed in Section A.7.3;3.

§ A.7.3 CONSTRUCTION CHANGE DIRECTIVES § A.7;3.1 A Construction Change Directive is a written order signed by the Owner directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by

. Construction Change Directive, without invalidating the Design-Build Contract, order changes in the Work within the general scope ofthe Design-Build Documents consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly.

§A.7.i2AConstruction Change Directive shall be used in the absence of total agreement on the terms of a Ch~mge Order;

§ A.7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods:

.1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation;

AlA Document A141 TM - 2004 Exhibit A. Copyright© 2004 by The American Institute of Architects. AU rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 17

. result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No. 7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: ( 1265263692)

~·.

I nil

.2

.3

. 4

unit prices stated in the Design-Build Documents or subsequently agreed upon, or equitably adjusted as provided in Section A.4.1.9; cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or as provided in Section A.7.3.6 .

§ A.7.3.4 Upon receipt of a Construction Change Directive, the Design-Builder shall promptly proceed with the change in the Work involved and advise the Owner of the Design-Builder's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract. Time.

§ A.7.3.5 A Construction Change Directive signed by the Design-Builder indicates the agreement of the Design-Builder therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement snall.be effective immediately and shall be recorded as a Change Order.

--- --- . ,.

§ A.7~3.6 lfth~ Design~Builder does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method arid the adjustment shall be determined by the Owner on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an im:rease inthe Contract sum, a reasonable allowance for overhead and profit. In such case, and also under Section A.7.3:3.3, ttieDesign-Buildershall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Design-Build Documents, costs forthepurpbsesofthisSection A.7.3.6 shall be limited to the following:

.1 ?dditionalco51:sof professional services;

.2 costs of labor, including social security, old age and unemployment insurance, fringe benefits require(j by agreement or custom, and workers' compensation insurance;

.3 .costs ofrnaterials, supplies and equipment, including cost of transportation, whether incorporated or consumed; rental costs of machinery and equipment, whether rented from the Design-Builder or others; cost~ c)f premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to

.. the Work; and . additional costs of supervision and field office personnel directly attributable to the change;

;7 a reasonable fee for overhead and profit.

§ A.7.3~7Theamount of credit to be allowed by the Design-Builder to the Owner for a deletion or change that results in a nefaecrease inthfCol'ltract Sum shall be actual net cost. When both additions and credits covering related Work ()r substitutionsarelnvolved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.

§ A.7;3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the· parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Owner shall make an interim determination for purposes of monthly payment for those .costs. That ·determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the . right of the Design-Builder to disagree and assert a Claim in accordance with Article A.4.

§ A.7.3.9 When the Owner and Design-Builder reach agreement concerning the adjustments in the Contract Sum and;Cont~actTime, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediatelyand shall be recorded by preparation and execution of an appropriate Change Order . . ---· - .- ..

§ A~7.4 MINOR CHANGES IN THE WORK § A.7.4.1 The Owner shall have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Design-Build Documents. Such changes shall be effected by written order and shall be binding on the Design-Builder. The Design-Builder shall carry out such written orders promptly.

AlA Document A141 TM - 2004 Exhibit A. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may 18 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

ARTICLEA.S TIME § A.S.l DEFINITIONS § A.8.1.1Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Design-Build Documents for Substantial Completion of the Work.

§ A.8.1.2 The date of commencement of the Work shall be the date stated in the Agreement unless provision is ·made for the date to be fixed in a notice to proceed issued by the Owner.

§ A.8.1.3 The date of Substantial Completion is the date determined by the Owner in accordance with Section A.9.8.

§ A.8.1.4 The term "day" as used in the Design-Build Documents shall mean calendar day unless otherwise specifically defined.

§ A.8.2 PROGRESS AND COMPLETION § A.8.2~1 trme limits stated inthe Design-Build Documents are of the essence of the Design-Build Contract. By executing the Design-BuUd Contract, the Design-Builder confirms that the Contract Time is a reasonable period for performing theWork; ·

§ A.8.2.2 Th~ Design-Builder shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commehce construction operations on the site or elsewhere prior to the effective date of insurance required by Ar1;iCie A .. ll to be furnished by the Design-Builder and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Design~Build Documents or a notice to proceed given by the Owner, the Design-Builder shall notify the Owner in wd~ing not less than five days or other agreed period before commencing the Work to permit ·the timely filing ofmortgages, mechanic's liens and other security interests .

. § A.8.2.3The De.sigri-Builder shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Corltract nm~ ..

§ A.s.3 DELAvs"AND ExTENsioNs ot=r1ME § A.8.3.i ifth~Design~Builder is delayed at any time in the commencement or progress of the Work by an act or neglect ofthE! Owner or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Design-B\Jildt;!r'S control, or by delay authorized by the Owner pending resolution of disputes pursuant to the

· Design-Build Documents, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine.

§ A.8.3.2 Claims relatingtotime shall be made in accordance with applicable provisions of Section A.4.1. 7.

§ A.8.3.3 This Section A.8.3 does not preclude recovery of damages for delay by either party under other provisions ofthe Design-Build Documents.

ARTICLE A.9 PAYMENTS AND COMPLETION § A.9.1 CONTRACT SUM § A~9.1.iThe Contract Sum is stated in the Design-Build Documents and, including authorized adjustments, is the total amol.lrit payable by the Owner to the Design-Builder for performance of the Work under the Design-Build Documents:

§ A.9.2 SCHEDULE OF VALUES § A.9.2.1 Before the first Application for Payment, where the Contract Sum is based upon a Stipulated Sum or the Cost of the Work plus Contractor's Fee with a Guaranteed Maximum Price, the Design-Builder shall submit to the Owner an initial schedule of values allocated to various portions of the Work prepared in such form and supported

AlA Document A141 ™ - 2004 Exhibit A. Copyright e 2004 by The American lnst~ute of Arch~ects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA., Document, or any portion of it, may 19 result in severe civil and criminal penalties, and will be prosecuted to the maxim urn extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: · ( 1265263692)

I nit

by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Qwner, shall be used as a basis for reviewing the Design-Builder's Applications for Payment. The schedule of values may be updated periodically to reflect changes in the allocation of the Contract Sum.

§ A.9.3 APPLICATIONS FOR PAYMENT §A~9,3.1 At least ten days before the date established for each progress payment, the Design-Builder shall submit

. to the Owner an itemized Application for Payment for operations completed in accordance with the current schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Design-Builder's right to payment as the Owner may require, such as copies of requisitions from Contractors and material suppliers, and reflecting retainage if provided for in the Design-Build Documents:

§ A.9.3.l.l.Asprovided in Section A.7.3.8, such applications may include requests for payment on account of Changes ihthe Work which have been properly authorized by Construction Change Directives but are not yet included in Change Orders.

_-_--, - - ·-. - ----

§ A.9.3.1~2Such applications may not include requests for payment for portions of the Work for which the Design-Builder does notintend to pay to a Contractor or material supplier or other parties providing services for the Design~Builder, unless such Work has been performed by others whom the Design-Builder intends to pay.

§ A.9.3.2 Unl~ss otherwise provided in the Design-Build Documents, payments shall be made on account of materials(3nd equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved ih advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Design-Builder with procedures satisfactory to the Owner to establish the. Owner's title to such materials and equipment or otherwise protect the Owner's interest and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. ·

§ A.9.3.3Thebesigll~Builderwarrants that title to all Work other than Instruments of Service covered by an Application fc)rPayrnent wiJI pass to the Owner no later than the time of payment. The Design-Builder further warrants that, upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously Issued and payments received from the Owner shall, to the best of the Design-Builder's l<nowledge,iriformationand belief, be free and clear of liens, Claims, security interests or encumbrances in favor of theDesigri~Builder,Contractors, Subcontractors, material suppliers, or other persons or entities making a claim by reason ()f having provided labor; materials and equipment relating to the Work.

. .

.§ A.9.4 ACKNOWLEDGEMENT OF APPLICATION FOR PAYMENT § A:9.4.1 The Owner shall, within seven days after receipt of the Design-Builder's Application for Payment, issue to the Design-Builder a written acknowledgement of receipt of the Design-Builder's Application for Payment indicating the amount the Owner has determined to be properly due and, if applicable, the reasons for withholding

.. ·payment in whole or in part.

§ A.9.S DECISIONS TO WITHHOLD PAYMENT § A,9.S.l The Owner may withhold a payment in whole or in part to the extent reasonably necessary to protect the Owner due to the Owner's determination that the Work has not progressed to the point indicated in the ~pplication for Payment or that the quality of Work is not in accordance with the Design-Build Documents. The Owner may also withhold a payment or, because of subsequently discovered evidence, may nullify the whole or a piut:of an Application for Payment previously issued to such extent as may be necessary to protect the Owner from loss for which the Design-Builder is responsible, including loss resulting from acts and omissions, because of the following:.·

.1 defective Work not remedied;

.2 third-party claims filed or reasonable evidence indicating probable filing of such claims unless

security acceptable to the Owner is provided by the Design-Builder;

AlA Document A141 TM - 2004 Exhibit A. Copyright C) 2004 by The American lnstHute of ArchHects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may 20 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nil

.3 failure of the Design-Builder to make payments properly to Contractors or for design services labor, materials or equipment;

.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;

.5 damage to the Owner or a separate contractor;

.6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or

.7 persistent failure to carry out the Work in accordance with the Design-Build Documents.

§ A.9.5.2 When the above. reasons for withholding payment are removed, payment will be made for amounts ·. previously withheld.

§ A.9.6 PROGRESS PAYMENTS § A.9.oXAfterthe oWner has issued a written acknowledgement of receipt of the Design-Builder's Application for Payment,theOwnershall make payment of the amount, in the manner and within the time provided in the Design-Build Documents.

§ A.9.6.2 The Design-Builder shall promptly pay the Architect, each design professional and other consultants retained directly by the Design-Builder, upon receipt of payment from the Owner, out of the amount paid to the ·Design-Builder on account of each such party's respective portion of the Work, the amount to which each such party is entitled.

§ A.9.6.3 The Design-Builder shall promptly pay each Contractor, upon receipt of payment from the Owner, out of the amount paid to the Design-Builder on account of such Contractor's portion of the Work, the amount to which said Contractor:isentitled, reflecting percentages actually retained from payments to the Design-Builder on account of the Contractor's portion of the Work. The Design-Builder shall, by appropriate agreement with each C:ontractor, require each Contractor to make payments to Subcontractors in a similar manner .

. § A.9.6.4 The Owner shall have no obligation to pay or to see to the payment of money to a Contractor except as n1ay otherwise be required by law ..

§ A.9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections A.9.6.3 and A.9.6.4.

§ A.9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner, shall not constitute acceptance of Work not in accordance with the Design-Build Documents.

§A~9.6.7 Unless the Design-Builder provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Design-Builder for Work properly performed by Contractors and suppliers shall be

• held by the Design-Builderfor those Contractors or suppliers who performed Work or furnished materials, or both, under contract.with the Design-Builder for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not be commingled with money of the Design-Builder, shall

. create any fiduciary liability or tort liability on the part of the Design-Builder for breach of trust or shall entitle any person or entity to an award of punitive damages against the Design-Builder for breach of the requirements of this

provision.

§ A.9.7 FAILURE OF PAYMENT § A.9.7.llffor reasons other than those enumerated in Section A.9.5.1, the Owner does not issue a payment withiQ thE! time period required by Section 5.1.3 of the Agreement, then the Design-Builder may, upon seven additional days' written notice to the Owner, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Design-Builder's reasonable costs of shutdown, delay and start-up, plus interest as provided for in

the Design-Build Documents.

AlA Document A 141 TM - 2004 Exhibit A. Copyright e 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA • Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 21 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

§ A.9.8 SUBSTANTIAL COMPLETION §_A.9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion the-reof is sufficiently complete in accordance with the Design-Build Documents so that the Owner can occupy or l.Jse the Work or a portion thereof for its intended use.

§ A.9.8.2 When the Design-Builder considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Design-Builder shall prepare and submit to the Owner a comprehensive

· ·listof items to be completed or corrected prior to final payment. Failure to include an item on such list does not ~Iter the responsibility ofthe Design-Builder to complete all Work in accordance with the Design-Build Documents.

§. A.9.8.3 Upon receipt of the Design-Builder's list, the Owner shall make an inspection to determine whether the

Work or designated portion thereof is substantially complete. If the Owner's inspection discloses any item, ·whether or riotincluded6nthe Design-Builder's list, which is not substantially complete, the Design-Builder shall complete o(torrect such i~em. In such case, the Design-Builder shall then submit a request for another inspection by1:he Owner to determine whether the Design-Builder's Work is substantially complete.

-- § A.9.8.4 In the event of a dispute regarding whether the Design-Builder's Work is substantially complete, the dispute shall be resolved pursuant to Article A.4.

§ A.9.8.5 When the Work or designated portion thereof is substantially complete, the Design-Builder shall prepare forthe Owner'ssfgnature an Acknowledgement of Substantial Completion which, when signed by the Owner, shall e~tabli~h {1) the date ofSubstimtial Completion of the Work, (2) responsibilities between the Owner and

- Design-Builder for securi'ty; maintenance, heat, utilities, damage to the Work and insurance, and {3) the time withinlt'Jhich the Desfgn2Builder shall finish all items on the list accompanying the Acknowledgement. When the Ow~e?sinspecticmdisclose~ that the Work or a designated portion thereof is substantially complete, the Owner shall signthe Acknowledgement of Substantial Completion. Warranties required by the Design-Build Documents shall 'commence ol1 the date of Substantial Completion of the Work or designated portion thereof unless otherwise

_._provided in the Ack~owledgement of Substantial Completion.

§ A.9.8.6 Upon execution of the Acknowledgement of Substantial Completion and consent of surety, if any, the pwher shall m(3.ke payment ofretainage applying to such Work or designated portion thereof. Such payment shall be adjusted foriJ'./or~.that is incomplete or not in accordance with the requirements of the Design-Build

·Documents. -- - ~ ~ . . . -- - -

§ A.9.9 PARTIAL OCCUPANCY OR lJSE § A.9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-Builder, provided such occupancy or use is consentedto by the insurer, ifso required by the insurer, and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder have accepted in writing the respo_nsibilities assigned to each of them for payments, retaimige, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have

. ·agreed in writing concerning the period for completion or correction of the Work and commencement of warranties required by the Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner as provided under Section A.9.8.2. Consentofthe Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of theWork shall be determined by written agreement between the Owner and Design-Builder.

---< - ; ~": '

§ A.9.9.2 lrpmediately prior to such partial occupancy or use, the Owner and Design-Builder shall jointly inspect the area to be occupied or portion of the Work to be used to determine and record the condition of the Work.

§ A.9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Design-Build Documents.

AlA Document A141 ™ - 2004 Exhibit A. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA• Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 22 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No. 7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: ( 1265263692)

I nit.

§ A.9.10 FINAL COMPLETION AND FINAL PAYMENT § A.9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner shall promptly make such inspection and, when the Owner finds the Work acceptable under the Design-Build Documents and fully performed, the Owner shall, subject to Section A.9.10.2, promptly make final payment to the Design-Builder.

§ A.9.10.2 Neither final payment nor any remaining retained percentage will become due until the Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design:BUild Documents to remain in force after final payment is currently in effect and will not be cancelled orallowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design-Build Documents, (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases ancl waivers of liens; claims, security interests or encumbrances arising out of the Design-Build Contract, to the extent and in such form as may be designated by the Owner. If a Contractor refuses to furnish a release or waiver required by the Owner, the Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Design-Builder shall refund to the Owner all money that the Owner may be liable to pay in connection with the discharge of such lien, including all

-costs and reasonable attorneys' fees.

§ A.9.10.3 If, after the Owner determines that the Design-Builder's Work or designated portion thereof is substantially completed, final completion thereof is materially delayed through no fault of the Design-Builder or by issuance of a Change. Order or a Construction Change Directive affecting final completion, the Owner shall, upon application by the Design-Builder, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated Irlthe Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the oalance due for thatp()rtion of the Work fully completed and accepted shall be submitted by the Design-Builder. Such payment shall be. made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

§ A.9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims; security interests or encumbrances arising out of the Design-Build Documents and

unsettled; .2 __ failure of the Work to comply with the requirements of the Design-Build Documents; or .3 terms of special warranties required by the Design-Build Documents.

§ A.9.10.5 Acceptance affinal payment by the Design-Builder, a Contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment .

. ARTICLE A:ro .PROTECTION OF PERSONS AND PROPERTY --· § A.10.1 SAFETY PRECAUTIONS AND PROGRAMS

§ A.10.1.1 The Design~Builder shall be responsible for initiating and maintaining all safety precautions and __ prograrns in connection with the performance of the Design-Build Contract.

§ A.10.2 SAFETY OF PERSONS AND PROPERTY § A.10.2.1 The Design-Builder shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to:

.1 employees on the Work and other persons who may be affected thereby;

.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site or under the care, custody or control of the Design-Builder or the Design-Builder's Contractors or Subcontractors; and

AlA Document A141 TM- 2004 Exhibit A. Copyright© 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 23 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: ( 1265263692)

I nil

.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

§ A.10.2.2 The Design-Builder shall give notices and comply with applicable laws, ordinances, rules, regulations and .lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.

· § A.10.2.3 The Design.::Builder shall erect and maintain, as required by existing conditions and performance of the Design-Build Dqcumerits; reasonable safeguards for safety and protection, including posting danger signs and

•• other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities .. :

. § A.10.2.4 When useor storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution ofthe Work, the Design-Builder shall exercise utmost care and carry on such activities under supervision of properly qualified personnel.

. --· . --

§ A.10.2.5 The Design-Builder shall promptly remedy damage and loss (other than damage or loss insured under propertY insurance required by the Design-Build Documents) to property referred to in Sections A.10.2.1.2 and A.10.2.1.3 caused in whole or in part by the Design-Builder, the Architect, a Contractor, a Subcontractor, or anyone

.- directly pr ipdirectly employed by any of them or by anyone for whose acts they may be liable and for which the . Design-Builder is responsible under Sections A.10.2.1.2 and A.l0.2.1.3, except damage or loss attributable to acts or omissions ()fthe Owner or anyone directly or indirectly employed by the Owner, or by anyone for whose acts

. the. Owner may be liable, and not attributable to the fault or negligence of the Design-Builder. The foregoing obligations of thebesign-Builder are in addition to the Design-Builder's obligations under Section A.3.17. _:~~ :~-:-~~--_:_- --:~-- - >.~ ., -~ .~.

§_,(\~10.2.6 The Design~Builder shall designate in writing to the Owner a responsible individual whose duty shall be the. preventionofacciderits.

-. -.' -- -- . ~·

§ A:10~2.1 The o'esigncBuilder shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. ·

-- ~ - ' . - _. -_ --:._.:.·-,· _:· ·:· .

§ A.l0.3 HAZARDOUS MATERIALS § ~.10.3.llfreasbnable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material orsubstance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Design-Builder, the Design-Builder shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner.

§ A.10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by_ the Design-Builder and, in the event such material or substance is found to be

--present, to verify that it has been rendered harmless. Unless otherwise required by the Design-Build Documents, --~he Owner shallfurnish in writing to the Design-Builder the names and qualifications of persons or entities who are to perform tests 11erifying the presence or absence of such material or substance or who are to perform the task of removal or safE!:cont~inment of such material or substance. The Design-Builder shall promptly reply to the Owner in writing stating whether or not the Design-Builder has reasonable objection to the persons or entities proposed by the Owner.Jf the Design-Builder has an objection to a person or entity proposed by the Owner, the Owner shall prepose another to whom the Design-Builder has no reasonable objection. When the material or substance has been rendered harmless, work in the affected area shall resume upon written agreement of the Owner and

- Desigi1~Builder. The Contract Time shall be extended appropriately, and the Contract Sum shall be increased in the amount of the pesign-Builder's reasonable additional costs of shutdown, delay and start-up, which adjustments shall be accomplished as provided in Article A.7.

§ A.10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless th~ Design-Builder, Contractors, Subcontractors, Architect, Architect's consultants and the agents and employees of any of them from

AlA Document A141TM- 2004 Exhibit A. Copyright Cl2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 24 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

and against Claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resultingJrom performance of the Work in the affected area if in fact the materiakor substance exists on site as of the date of the Agreement, is not disclosed in the Design-Build Documents and presents the risk of bodily injury or death as described in Section A.10.3.1 and has not been rendered harmless, provided that such Claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property (other than the Work itself) to the extent that such damage, loss or expense is not due to the negligence of the Design-Builder, Contractors, Subcontractors, Architect, Architect's consultants and the agents and employees of any of them.

§ A.l0.4 The Owner shall not be responsible under Section A.l0.3 for materials and substances brought to the site by the Design"Builder unless such materials or substances were required by the Design-Build Documents.

§. A.lO.S If, without negligence on the part of the Design-Builder, the Design-Builder is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Design~Build' Documents, the Owner shall indemnify the Design-Builder for all cost and expense thereby incurred.

§ A.l0.6 EMERGENCIES § A.l0.6;l.ln an emergency affecting safety of persons or property, the Design-Builder shall act, at the Design-Builder's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time. claimed by the Design-Builder on account of an emergency shall be determined as provided in Section A.4.1.7 and Article A. 7:

ARTICLEA.ll INSURANCE AND BONDS § A.ll~l Except as may otherwise be set forth in the Agreement or elsewhere in the Design-Build Documents, the Ownerand Design-Builder shall purchase and maintain the following types of insurance with limits of liability and deduC:tibl~amounts and subject to such terms and conditions, as set forth in this Article A.ll.

§ A;ll.2 DESIGN-BUILDER'S LIABILITY INSURANCE §A11:2;1 The Design~ Builder shall purchase from and maintain in a company or companies lawfully authorized to do business il1 the jurisdiCtion in which the Project is located such insurance as will protect the Design-Builder from claims set forth below that may arise out of or result from the Design-Builder's operations under the Design-Build Contract and for which the Design-Builder may be legally liable, whether such operations be by the Design-Builder, by a Contractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

.1 claims underworkers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed;

.2 claims for damages because of bodily injury, occupational sickness or disease, or death of the DesigncBuilder's employees;

.3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Design-Builder's employees;

.4 claims for damages insured by usual personal injury liability coverage;

.5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;

.6 · clafmsfor damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle;

.7 claims for bodily injury or property damage arising out of completed operations; and

.8 claims involving contractual liability insurance applicable to the Design-Builder's obligations under Section A.3.17.

See 'ExhibitE'- B.A. Green Construction Co., Inc.- ACCORD Insurance Certificate

§ A.l1.2.2 The insurance required by Section A.11.2.1 shall be written for not less than limits of liability specified in the Design-Build Documents or required by law, whichever coverage is greater. Coverages, whether written on an

AlA Document A141 Til - 2004 Exhibit A. Copyright C 2004 by The American Institute of ArchHects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA,. Document, or any portion of it, may 25 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit.

occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the \JVork until date of final payment and termination of any coverage required to be maintained after final payment.

§ A.ll.2.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance policies required by this Section A.l1.2 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Section A.9.10.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both,

· • shall be furnished by the Design-Builder with reasonable promptness in accordance with the Design-Builder's information and belief.

§ A.11.3 OWNER'S LIABILITYINSURANCE §A.l1.3.1The Ownershall be responsible for purchasing and maintaining the Owner's usual liability insurance.

§ A.ll.4 PROPERTY INSURANCE · § A.lL4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully

authorized to do businessin the jurisdiction in which the Project is located, property insurance written on a builders risk,''all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus the value of

. subsequentDesign-Bliild Contract modifications and cost of materials supplied or installed by others, comprising · total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such

property insurance shall be maintained, unless otherwise provided in the Design-Build Documents or otherwise agreed inwriting by all persons and entities who are beneficiaries of such insurance, until final payment has been mad.e as provided in Section A.9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section A.11.4 to be covered, whichever is later. This insurance shall include interests oftneOwner, Design~Builder, Contractors and Subcontractors in the Project.

§A.ll.4.l.l Property Insurance shall be on an "all-risk" or equivalent policy form and shall include, without >limitation, insuranceagainstthe perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, the'tt,vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework; testing and startup, temporary buildings and debris removal, including demolition occasioned by enforcemen(ofany applicable legal requirements, and shall cover reasonable compensation for Design-Builder's services andexpenses required as a result of such insured loss.

§ A.ll.4.1.2 If the Owner does not intend to purchase such property insurance required by the Design-Build Contract and with all of the coverages in the amount described above, the Owner shall so inform the

· pesign-Builder in writing prior to commencement of the Work. The Design-Builder may then effect insurance that . will protect the interests of the Design-Builder, Contractors and Subcontractors in the Work, and, by appropriate Change Order, the cost thereof shall be charged to the Owner. If the Design-Builder is damaged by the failure or neglect of the Ownerto purchase or maintain insurance as described above without so notifying the Design-BuildE!r in writing, then the Owner shall bear all reasonable costs properly attributable thereto.

§ A:ll.4.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles.

-- -,- ". ··-.

§ A.ll.4.1.4This property insurance shall cover portions of the Work stored off the site and also portions of the Work in transit.

§ A.l1.4.1.5 Partial occupancy or use in accordance with Section A.9.9 shall not commence until the insurance company or compal')ies providing property insurance have consented to such partial occupancy or use, by endorsement or otherwise. The Owner and the Design-Builder shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance.

AlA Document A 141 TM - 2004 Exhibit A. Copyright II:) 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 26 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Jaw. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

. § A.11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Design-Build Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Design-Builder, Contractors and Subcontractors in the Work, and the Owner and Design-Builder shall be named insureds.

§ A.11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Design-Builder, Architect, the Design-Builder's other design professionals, if any, Contractors and Subcontractors for loss of use of the Owner's property, including consequentiallossesdue to fire or other hazards, however caused.

§A.11.4.4 lfthe Design-Builder requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such irisurance, and the cost thereof shall be charged to the Design-Builder by appropriate Change Order.

§ A.11.4.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to tne site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section A.ilA. 7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise .

. . § A.ll.4.6 Before an exposure to loss may occur, the Owner shall file with the Design-Builder a copy of each policy that includes insurance coverages required by this Section A.11.4. Each policy shall contain all generally applicable conditions, definitions; exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not ~e canceled or allowed to expire and that its limits will not be reduced until at least 30 days' prior written noticeh<is been given to the Design-Builder.

: c '

§ A.11.4.7 Waivers of Subrogation: To the extent permitted by law, the Owner and Design-Builder waive all rights against each other and any of their consultants, separate contractors described in Section A.6.1, if any, Contractors1 Subcontractors, agents and employees, each of the other, and any of their contractors, subcontractors, agents ana empl()yees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuimt to this Section A.11.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Design~Builder, as appropriate, shall require of the separate contractors described in Section A.6.1, if any, and the Contractors, Subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to

. a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual . or otherwise, even though the person or entity did not pay the insurance premium directly or indirectly, and ··whether or not the person or entity had an insurable interest in the property damaged.

§ A.11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section A.11.4.10. The Design-Builder shall pay Contractors their just shares of insurance proceeds received by the Design-Builder, and, by appropriate agreements, written where legally n~quired for validity, shall require Contractors to make payments to their Subcontractors in similar manner.

§ A.11.4.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach. If after such loss no

AlA Document A141 TM - 2004 Exhibit A. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 27 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No. 7363492396_1 which expires on 11/05/2015, and Is not for resale. User Notes: ( 1265263692)

I nit

other special agreement is made and unless the Owner terminates the Design-Build Contract for convenience, replacement of damaged property shall be performed by the Design-Builder after notification of a Change in the Work in accordance with Article A. 7.

§ A.11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power.; The Owner as fiduciary shall, in the case of a decision or award, make settlement with insurers in accordance with directions of a decision or award. If distribution of insurance proceeds by arbitration is required, t[te arbitrators will direct.such distribution.

§ A.ll.S PERFORMANCE. BOND AND PAYMENT BOND ·§A.11.5.1The Owner shall have the right to require the Design-Builder to furnish bonds covering faithful performance ofthe Design-Build Contract and payment of obligations arising thereunder, including payment to design professionals engaged by or on behalf of the Design-Builder, as stipulated in bidding requirements or specificallyrequiredin theAgreement or elsewhere in the Design-Build Documents on the date of execution of the Design-Build Contract.

ARTICLE A.12 UNCOVERING AND CORRECTION OF WORK § A.12.1 UNCOVERING OF WORK § A.12.1.1lf a portion of the Work is covered contrary to requirements specifically expressed in the Design-Build Documents, it must be uncovered for the Owner's examination and be replaced at the Design-Builder's expense without change in the Contract Tim e.

. - .

§ A.12.1.2 If a portion of the Work has been covered which the Owner has not specifically requested to examine prior to its being C01fered, the Owner may request to see such Work and it shall be uncovered by the Design_-Builder; If such Work.ls in accordance with the Design-Build Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance

, ~lth theDesign-Bllild Documents, correction shall be at the Design-Builder's expense unless the condition was caused by the Owner ora separate contractor, in which event the Owner shall be responsible for payment of such

.. costs.

§A:12.2 CORRECTION OF WORK ·• • · § A.12.2.1 BE~ORE OR AFTER SUBSTANTIAL COMPLETION. § A.12.2.1.1The Design-Builder shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Design-Build Documents, whether discovered before or after Substantial Completion and whetheror not fabricated, installed orcompleted. Costs of correcting such rejected Work, including additional testing, shall be at the Design-Builder's expense.

§ A.i2.2.2 AFTER SUBSTANTIAL COMPLETION § A.12.2.2.11n addition to the Design-Builder's obligations under Section A.3.5, if, within one year after the date of Substantial Completion o~ after the date for commencement of warranties established under Section A.9.8.5 or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found to be not in accorda-nce with the requirements of the Design-Build Documents, the Design-Builder shall correct it

- promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct noriccoriforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section A.2.5.

§ A.12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work.

AlA Document A141 TM- 2004 Exhibit A. Copyright IC 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 28 result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No. 7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

§ A.12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section A.12.2.

§ A.12.2.3 The Design-Builder shall remove from the site portions of the Work which are not in accordance with the requirements of the Design-Build Documents and are neither corrected by the Design-Builder nor accepted by the Owner.

§ A.12.2.4 The Design~Builder shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Design-Builder's correction or removal of Work which is not in accordance with the requirements of the Design-Build Documents.

§ A.12.2.5 Nothing contained in this Section A.l2.2 shall be construed to establish a period of limitation with respect to other obligations the Design-Builder might have under the Design-Build Documents. Establishment of the one~yea~r perfodfor correction of Work as described in Section A.12.2.2 relates only to the specific obligation of the Desigri-13u'ilder to correct the Work, and has no relationship to the time within which the obligation to comply with the Design-Build Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to eStablish the Design-Builder's liability with respect to the Design-Builder's obligations other than specifically to correcttheWork.

§ A.12.3 ACCEPTANCE OF NONCONFORMING WORK § A.12.illfthe Owner prefers to accept Work not in accordance with the requirements of the Design-Bl!ild Documents, theOwn~rniaydo so instead of requiring its removal and correction, in which case the Contract Sum will be equitably adjusted by Change Order. Such adjustment shall be effected whether or not final payment has been made ..

ARTICLE A.13 MISCELLANEOUS PROVISIONS § A.13.1 GovERNING i..Aw § A.i3.1.1 The Design~Build Contract shall be governed by the law of the place where the Project is located.

§ A.13.2 SUCCESSORS AND ASSIGNS § A.13.2.1 The Ownet and Desig~-Builder respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Design-Build Documents. Except as provfded in SectionA.l3.2.2, neither party to the Design-Build Contract shall assign the Design-Build Contract as a whole without writtemconsent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Design-Build Contract.

(Paragraph deleted) § A.13.3 WRITTEN NOTICE § A.13.3.1 Writtennotice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if sent by registered or certified rnail to the last business address known to the party giving notice.

§ A.13.4 RIGHTS AND REMEDIES § A.13.4.1 Duties and obligations imposed by the Design-Build Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law.

§ A.13.4.2 No action or failure to act by the Owner or Design-Builder shall constitute a waiver of a right or duty afforded them under the Design-Build Documents, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing.

AlA Document A141 TM - 2004 Exhibit A. Copyright© 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA8 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of It, may 29 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

§ A.13.5 TESTS AND INSPECTIONS § A,13.5.1 Tests, inspections and approvals of portions of the Work required by the Design-Build Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Design-Builder shall make arrangements for such tests,

•· inspections and approvals with an independent testing laboratory or entity acceptable to the Owner or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures.

§ A.13.5.2 lfthe Owner or public authorities having jurisdiction determine that portions of the Work require additional t~sting, inspection or approval not included under Section A.13.5.1, the Owner shall in writing instruct the Design~Builder to lllake arrangements for such additional testing, inspection or approval by an entity

.. acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Sectioh A.13.53, shall be at the Owner's expense.

" . ,. .

§ A.13.5.3 If such procedures for testing, inspection or approval under Sections A.l3.5.1 and A.l3.5.2 reveal failure of the portions oftheWbrkto comply with requirements established by the Design-Build Documents, all costs made necessary by such failure, including those of repeated procedures, shall be at the Design-Builder's expense.

§ A~13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.

§ A.13.s:s If theOwneri~to observe tests, inspections or approvals required by the Design-Build Documents, the Owner w.ill do so promptly and, where practicable, at the normal place of testing.

-·--- ' ' ,_- ... -- -- - --

§ A.13.5.6Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.

§ A.13.6 COMMENCEMENT OF STATUTORY LIMITATION PERIOD § A.l.3.6.1 AsbetWE!enthe Ownerand Design-Builder:

· .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of SubStantial C:ompletion, any applicable statute of limitations shall commence to run and any alleged c~U,se of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion;

.2 Between Substantial Completion and Final Application for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Application for Payment, any applicable statute of limitations shall commence to run and any alleged cause ofaction shall be deemed to have accrued in any and all events not later than the date of issuance of.the final Application for Payment; and

.3 . After Final Application for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Application for Payment, any applicable statute of limitations shall commence

. to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Design-Builder pursuant to any Warranty provided under Section A.3.5, the date of any correction of the Work or failure to correct the Work by the Design-Builder under Section A.l2.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Design-Builder or Owner, whichever occurs last .

. · .

ARTICLE; A·14 TERMINATION OR SUSPENSION OF THE DESIGN/BUILD CONTRACT § A.14.1 TERMINATION BY THE DESIGN-BUILDER § A.14.1.1 The Design-Builder may terminate the Design-Build Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Design-Builder or a Contractor, Subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with

the Design-Builder, for any of the following reasons:

AlA Document A141"' - 2004 Exhibit A. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 30 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

.1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped;

.2 an act of government, such as a declaration of national emergency which requires all Work to be stopped;

.3 the Owner has failed to make payment to the Design-Builder in accordance with the Design-Build Documents; or

.4 the Owner has failed to furnish to the Design-Builder promptly, upon the Design-Builder's request, reasonable evidence as required by Section A.2.2.8.

§ A.14.1.2 The Design-Builder may terminate the Design-Build Contract if, through no act or fault of the Design-Builder or a Contractor, Subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Design-Builder, repeated suspensions, cfE~Iays orfr'lterrupticms of the entire Work by the Owner, as described in Section A.14.3, constitute in the aggregate more thani6o perceritofthe total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less.

§ A.14.1,3)f one ofthe reasons described in Sections A.14.1.1 or A.14.1.2 exists, the Design-Builder may, upon • seven days; wHtten notice to the Owner, terminate the Design-Build Contract and recover from the Owner ·payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery; including reasonable overhead, profit and damages.

·'--:-.:""·;. . -, . . . . . .

· §4.14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Design-Builder cir a Contractor or their agents or employees or any other persons performing portions of the Work under a direct ~or indirect contrac;t with. the Design-Builder because the Owner has persistently failed to fulfill the Owner's obiJgaticms undertheDesign-Build Documents with respect to matters important to the progress of the Work, the Design~BIJJidermayJGpon seven additional days' written notice to the Owner, terminate the Design-Build Contract and reco:ver from the Owner as provided in Section A.14.1.3.

§ A.14.2 TERMIN~TION BY THE OWNER FOR CAUSE § A.14.2.1 The 0\Nner may terminate the Design-Build Contract if the Design-Builder:

.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materiais; .

• 2 fails to make payment to Contractors for services, materials or labor in accordance with the respective agreements between the Design-Builder and the Architect and Contractors;

• .3 · persistentlydisregaras laws, ordinances or rules, regulations or orders of a public authority having jurisdiction;or .

o4 otherwise is guilty of substantial breach of a provision of the Design-Build Documents.

§ A.14.2.2 When any ofthe above reasons exist, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Design-Builder and the Design-Builder's surety, if any, seven days' written notice, terminate employment oftheDesign-Builder and may, subject to any prior rights of the surety:

•. 1 take possession of the site and of all materials and equipment on the project site; :2 acceptassignment of contracts pursuant to Section A.S.S.l; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of

the Design-Builder, the Owner shall furnish to the Design-Builder a detailed accounting of the costs . incurred by the Owner in finishing the Work.

§ A.14.2.3 when the Owner terminates the Design-Build Contract for one of the reasons stated in Section A.14.2.1, ttie Design-Builder shall not be entitled to receive further payment until the Work is finished.

§ A.14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Design-Builder. If such costs and damages exceed the unpaid balance, the Design-Builder shall pay the difference to the Owner.

AlA Document A141 TM - 2004 Exhibit A. Copyright C 2004 by The American lnstHute of ArchHects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of It, may 31 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/1512015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

I nit

§ A.14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § A.14.3.1 The Owner may, without cause, order the Design-Builder in writing to suspend, delay or interrupt the

" Work in whole or in part for such period of time as the Owner may determine.

§ A.14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section A.14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent:

.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for\vhich the Design-Builder is responsible; or

.2 that an equitable adjustment is made or denied under another provision of the Design-Build •· .··Contract.

§ A.l4.4 TERMINATION BY THE OWNER FOR CONVENIENCE § A.14.4.1The0wnerrriay, at any time, terminate the Design-Build Contract for the Owner's convenience and

. without cause.

§ A.14~4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Design~BuildershaU: ...

• 1 ·cease operation~ as directed by the Owner in the notice; .2 . take actions necessary, or that the Owner may direct, for the protection and preservation of the

\Nork;and .3 · except for Work directed to be performed prior to the effective date of termination stated in the

notice,term.inate all existing contracts and purchase orders and enter into no further contracts and purchase orders.

-- _, '

§ A.1~:4:31n the eve~fof termination for the Owner's convenience prior to commencement of construction, the ·Design: Builder shall be: entitled to receive payment for design services performed, costs incurred by reason of such terminatio~ and reasonable overhead and profit on design services not completed. In case of termination for the

. Owner'sconvenience after. commencement of construction, the Design-Builder shall be entitled to receive

.Payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead

. ahd'profit ontheWork not executed.

AlA Document A141fM- 2004 Exhibit A. Copyright c:> 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 32 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:04:09 on 06/15/2015 under Order No" 7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

Additions and Deletions Report for AlA® Document A141™- 2004 Exhibit A

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 AlA document in order to complete it, as well as any text the author may have added to or deleted from the original AlA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AlA 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 AlA document. This Additions and Deletions Report and its associated document were generated simultaneously by AlA software at 12:04:09 on 06/15/2015.

PAGE1


The Board of County Commissioners Shawnee County Kansas 200 SE 7th St. Topeka. KS 66603

B.A. Green Construction Co .• Inc. P.O.Box8

PAGES

§ A.2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Design-Build Documents as if singular in number. The tefffi "Ovlfter" means the 0VIfter er the Ovlfter's aetherii!!ee FeflFeSeatative. The Owner shall eesigHate ift writiftg a represefttative ·whe shall fta're eKflFess ootherity te eiae the OWBer ~.vith resfleet te all Pi'ejeet matters reEtHiriag the Ovlfter's aJlJlreval er ootherizatiea. The Owner shall render decisions in a timely manner and in accordance with the Design-Builder's schedule submitted to the Owner.

§ A.2.2.2 The 0vlfter shall ee Fe5fl6Rsiele te flFeviee StHveys, ifaet reqttiree ey the Desiga Bttile Deel:Hfteftts te ee flFEPrit!ee ~·Shawnee County will provide B.A. Green with any and all survey/utility location documents .any new surveys or utility location work required will be a responsibility of the Design-Builder, describing physical characteristics, legal limitations, and utility locations for the site of this 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; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restriction, boundaries, and contours of the site; locations, dimensions, and necessary data pertaining 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.

PAGES

Additions and Deletions Report for AlA Document A141 TM - 2004 Exhibit A. Copyright @2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AlA"' 1 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 AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

§ A.2.2.10 The Ovmet' shall fumish B.A. Green shall procure the services of geotechnical engineers or other consultants, if.ftet-required by the Design-Build Documents to be provided by the Design-Builder, for sueseil, air subsoil and water conditions when such services are deemed reasonably necessary by the Design-Builder to properly carry out the design services provided by the Design-Builder and the Design-Builder's Architect. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, eYaluatieHs efhBZ!areleus mateFials, grei:!Hel eerresieR aael fesisti·rity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations.

PAGE13

§ A.3.17.1Tothe fullest extent permitted by law, the Design-Builder shall indemnify and hold harmless the Owner, Owner's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property other than the Work itself, but only to the extent caused by the negligent acts oromissions ofthe Design-Builder, Architect, a Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liaele, fegarelless ef·hrftethet' ef Ret sueh elaiffi, Eilm'lage, less ef eNf~eRSe is eauseel iR :19afi ey a :19arty iRei6Rlflilieel hefewaef. liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section A.3.17.

PAGE15

§ A.4.2 RESOWTION OF ClAIMS AND DISPYTES § A.4.2.1 Deeisien.by Newtrat Ifthe :19arties ha•,•e iaeatiiiea a~teutral iR 8eetieR 6.1 efthe AgreemeRt er else-.Yhefe iR the Desiga Buila Deet:mieRts, thea Claims, ~eluaing these arising URaet' 8eetieRs A.19.3 fureugh A.l9.5, shall ee feferrea initially te the ~tetitfal fer aeeisieH. A:a i:Ritial eleeisieR 'ey the Neutral shall ee feEjuifeel as a eeHEiitioo :!9feeeaelit te meaiai:iea ef all Claims eetweeR the Ovffl:et' aael Desiga Builtler arising :!9fief te the aate fiRal :19a)'ffieRt is tlue, URless 39 elays haYe :19asseel a-fter the Claim has beeR refcrreel te the "Neutral with He eleeisieH haY'..ag eeea reaaerea B)' the Neatral. URless the ~teutfal aaa all affeeteel :19afties agree, the ~teutfal vrill Ret eleeiele eliS:19Htes aetv.•eea the Desiga Builaer afia J3et'SeRs er eatities ether thaa the OWBer.

§ A.4.2.3 The initial decision pursuantto 8eetieHs A.4 .2.1 anti Section A.4.2.2 shall be in writing, shall state the reasons therefore and shall notify the parties of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject first to mediation under Section A.4.3 and thereafter to such other dispute resolution methods as provided in Section 6.2 of the Agreement or elsewhere in the Design-Build Documents.

§ A.4.3 MEDIATION § A.4.3.1z\ey Claim arisiftg aut efer relates te the Desiga Builel Cefltfaet; eMe6fH these wai·t'ea as :19rw.~eleel fer iR 8eetieHs A.4.1.19, A.9.19.4 aaa A.9.19.5, shall, after iRitial eleeisieR efthe Claimer 39 aays after suamissieH efthe Claim fer iRitial aeeisieR, ae suajeet te meaiatieR as a eeRelitieR :19reeeaeRt te araitratieR er the institl:ltieR eflegal er eEjuitaeie er a4er aiRaiRg Eli5:19ute reseh:itioo :19feeeeeliRgs 'ey eitheF :19arty.

§ A.4.3.2 The :19afties shall eRaea7t'Sr te reselve their Claims 'ey meaiatieH v.rftieh, URless the :19afties ffititually agFee ethet'\·rise, sftall ae iR aeeerelanee '>'lith the CoostruetieR lntlustry MeaiatieR Rules efthe z'\meriean MaitratieR Assoeiatieii e\:lffeatly iR effeet at the time efthe metliatieR. ReEjuest fur meaiatiea shall ae iilea in vHitiag vrith the ether :19arty te the Desiga Buila Cefltfaet aae with the AmeFieaa Areitratioo AsseeiatieR. The reEjuest may ae maele eSR6l:iffefltly With the filffig ef a eemana fer areitfatieR 6f etftet' eiftaing aiSI9tite reselutieB :19reeeeeiags BHt; ifl S\:ieft ev6fl-1:, meeiatieR shall :19reeeee in aS'itln66 thereef er ef legal er eEjtiitaale :19r8eeeeiflgs, 7hrftiefi shall ee stayee JleRelmg

Additions and Deletions Report for AlA Document A141 TM -2004 Exhibit A. Copyright@ 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' 2 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 AlA software at 12:04:09 on 06/15/2015 under Order No. 7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: ( 1265263692)

mediatiea fer a periee ef60 days frem the date ef filing, l:lH!ess stayed fer a !eager periea by agFeemeat efthe parties eF eeert enler.

§. A.4.3.3 The parties shall share the mediateF's fee liftS aay iiliftg fees eEttially. The mediatiea shall be held iB the plaee vAlere the Prejeet is leeatea, tlflless aaether leeatiea is ml:ltUaily agreed HpSH. Agreemeats reaehecl iB mecliatiea shall be eafereeable as settlemeat agFeemeats iB any eeert htw'.:Hgjl:lfisdietiea thereef

§ A.4.4 ARBITRATION § A.4.4.1 Claims, eJteept these wai·red as pre•.<ieea fer iB Seetieas A.4.1.10, A.9.10.4 and A.9.10.5, fer v.'hieh initial El.eeisieHS fl:a•re Bet beeeme final aHa biftaiftg, aHa y,'fliefl: fttWe Bet beeH reseJvee by ffieaiatieH bt'lt ·,yfl:ieh are Sttbjeet te arbitratiea fJl:lfSHaHl: te Seetieas 6.2 aHa 6.3 efthe Agreemeat er else>.vhere in the Desiga Bttila Deetlffieats, shall be aeeiEleEl by areitratiea whish, l:Uiless the par-ties mttmally agree etherv.<ise, shall be iH aeeerclflftee vrith the Ceastmetiea Iadttstry ,'\:fflitratiea Rales efthe Affierieflft l\rbitratiea Asseeiatiea et:tffeatly iH effeet at the time efthe arbitratiea. The demand fur arbi-1:fatiea shall be iileEl iH vffitiag v.<ith the ether par-f)' te the Desiga Bttila CeHtraet ana v:ith the Ameriear~ Arbitratie&: AsseeiatieB.

§ A.4.4.2 A aemanEl fer arbitratiea ffia.y be ffiaEle ae earlier thaa eeBel:iFFeatly vrith the filing efa reEttiest fer meEliatieB, bttt iB He 6'reHt shall it be ffiaEle a4l:er the Elate vrhea msamtiea ef legal eF eE):ttitable f!F86eeEliRgs basecl eH stteh Claim "t't'ettlEl be barreEl by the apfJiieable statttte eflimitatioos as EleteFffiineEl ptirsttant te SeetieR A.13.6.

§ A.4.4.3 An areitratioo p\lfSHant te this SeetieB A.4 .4 may be jeiaeEl v:ith an arbitratioo iH'trel•riRg eeffimeR issees ef lavt' eF faet betweea the 0't'I'Ber er Desiga Baileer aaEl aey fJerseR er efttity vrith v.'fl.Sffi the Owner eF Desiga Btti!Eler has a eeHtraetaal ebligatioote areitrate disptrtes whieh Elees aet prehibit eeaseliElatiea eFjeiRaer. }ole ether arl:litratieR arising ettt efer relating te the Desiga Baile CeHtraet shall iHelacle, by eeRseliclatien;jeiREler Sf iH My ether ffianRer, liB aElditiooal perseR er eatity aet a fJII!'ty te the Desiga Baile CeRtraet er aet a fl~' te an agreeffieat vrith the OwRer er Design. BailEler, ~feept by writteR eeRseat eeataining a speeme rerereaee te the Desiga Baile CeRtraet sigaeEl by the OwRer BBEl Desiga BaiiEler flftEl any ether perseR er eatities settg.ftt te ee jeiaeEl. Ceaseat te areitratiea in;rel•<'iag aR

aElelitieaal perseR eF eatity shall Ret eeRstitttte eeaseat te arbitratieR ef any elaim, diSflttte er ether matter in E):HestieR aet deseribeEl iH the '\\'fitteR eeRseat eF with a fleFSSH er eatity Ret Hllffiecl eF Eleseribecl thereiH. The feregeiBg agreemeat te a:fflitrate aBEl ether agFeemeats te arbitrate vritft liB aEleitiooal fJerSSR eF eatity Elttl}' 68BSeRteEl te ay the partieS: te the Agreemeat shall ee speeiiieally eRfereeable in aeeerElanee with llflfllieable law in any eeart ha•riag jl:lfisdietieR there9£

§ A.4.4.4 Claims aREI Timely AsseltieR ef Claims. The fllll'ty iilmg a aetiee efElemflftEl fer arbitratiea mast assert in the Elemand all Claim:s thefl. lfBewa te tliftt fJilfty eft whieh: arbitratiea is fJeFffiitteEl te be ElemMaeEl.

§ A.4.4.& JuEigmeRt 9R FiRal A'NaFEI. The aviafa FeBeered by the araitrater er arbitrateFS shall be iiBal, ana jadgffieat ffiay be eateree HfJSH it iH aeeeFElftliee •,vfth af!Plieable lll"t\' ift aft}' eel:ift fl:a·f.agjl:ifisdietieft thereef

PAGE18

PAGE25

.4 rental costs of machinery and equipment, eJtell:l5i'ie efhflfta teals, whether rented from the Design-Builder or others;

.6 additional costs of supervision and field office personnel directly attributable to the eftaage,fhange;

.7 a reasonable fee for overhead and profit.

See 'Exhibit E'- B.A. Green Construction Co., Inc.- ACCORD Insurance Certificate

PAGE27 Additions and Deletions Report for AlA Document A141 TM -2004 Exhibit A. Copyright IC 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' 3 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 AlA software at 12:04:09 on 06/15/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1265263692)

§ A.11.4.7 Waivers of Subrogation. !ffte-To the extent permitted by law, the Owner and Design-Builder waive all rights against each other and any of their consultants, separate contractors described in Section A.6.1, if any, Contractors, Subcontractors, agents and employees, each of the other, and any of their contractors, subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section A.11.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Design-Builder, as appropriate, shall require of the separate contractors described in Section A.6.1, if any, and the Contractors, Subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, even though the person or entity did not pay the insurance premium directly or indirectly, and whetheror r~ot the person or entity had an insurable interest in the property damaged.

PAGE29

§ A.13.2.2 The 0'Wfter may, withem: eooseat efthe DesigH HHileer, assigH the DesigH BHile CSBtl'aet te rut

mstitatiealt! leader twe-vitlmg eeastl'uetiSB ftH:aneing fur the Prejeet. In s1:1eh weat, the leader shall assl:lfBe the Owaer's rights !me eeligatiefis l:Hleer the DesigH B~:~iltl Deetimeats. The DesigH B1:1ileer shall exeeme all eooseats 'rea:Seaael-y re41:1iree te faeilitate s1:1eh assigHffieBt.

PAGE 31

.1 take possession of the site and of all materials, eEfl:liJ!meat, teals, aae eeastruetien eEtHifHBeat tmtl maehiaery theresa evmee a,· the DesigH Bl:lileer;materials and equipment on the project site;

Additions and Deletions Report for AlA Document A141 TM - 2004 Exhibit A. Copyright e 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ofthfs AlA" 4 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 AlA software at 12:04:09 on 06/15/2015 under Order No. 7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: ( 1265263692)

I nit.

AlA DocumentA14f"- 2004 ExhibitB Determination of the Cost of the Work

for the following PROJEcr: (Name and location or address)


THE OWNER: {Name, legal status and address)

The Board of County Commissioners Shawnee County Kansas 200 SE 7th St. Topeka, KS 66603

THE DESIGN-BUILDER: {Name, /ega/status and address)

B.A. Green Construction Co., Inc. P.O. Box 8 lawrence, Kansas 66044-0008

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 AlA 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 AlA text.



AlA Document A141 TM - 2004 Exhibit B. Copyright e 2004 by The American lnstttute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 1 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:48:19 on 06/10/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1097871430)

I nit

(Paragraphs deleted) ARTICLE.B.2 COSTS TO BE REIMBURSED § B.2.1 COST OF THE WORK The term Cost of the Work shall mean costs necessarily incurred by the Design-Builder in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this Article B.2 .

. § B.2.2 LABOR COSTS § B.2.2.1 Wages of construction workers directly employed by the Design-Builder to perform the construction of the Work at the site or, with the Owner's approval, at off-site locations .

. § 8.2.2.2 Wages or salaries of the Design-Builder's supervisory and administrative personnel when stationed at the site or at the Design-Builder's principal office with the Owner's approval.

§ 8.2.2.3 Wages and salaries of the Design-Builder's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work.

§ 8.2.2.4 Costs paid or incurred by the Design-Builder for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections B.2.2.1 through B.2.2.3.

§ 8.2.3 CONTRACT COSTS -· . . -~ ~

§ 8.2.3.1 Payments madeby the Design-Builder to Contractors in accordance with the requirements of their . contracts.

§ B.2.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION · § B.2.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction.

. . . . ' .

§ 8.2.4.2 Costs of materials described in the preceding Section B.2.4.1 in excess of those actually installed to allow for reasonable waSte and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion ofthe Work or, at the Owner's option, shall be sold by the Design-Builder. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work.

§ 8.2.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS § B.2.5.1 Costs, indudihg transportation and storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools that are provided by the Design-Builder at the site and fully consumed in the performance of the Work; and cost (less salvage value) of such items if not fully consumed, whether sold to others or retained by the Design-Builder. The basis for the cost of items previously used by the Design-Builder shall mean the fair market value.

§ B.2.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools that are provided by the Design-Builder at the site, whether rented from the Design-Builder or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Quantities of equipment rented shall be subject to the Owner's prior approval.

§ B.2.5.3 Costs of removal of debris from the site.

AlA Document A141 TM - 2004 Exhibit B. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 2 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:48:19 on 06/10/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1097871430)

I nit

§ 8.2.5.4 Cost of document reproductions, facsimile transmissions, technology, internet access and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office.

§ 8.2.5.5 That portion of the reasonable expenses of the Design-Builder's personnel incurred while traveling in discharge of duties connected with the Work.

§ 8.2.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, if approved in advance by the Owner.

§8.2.6 DESIGN AND OTHER CONSULTING SERVICES § 8.2.6.1 Compensation, including fees and reimbursable expenses, paid by the Design-Builder for design and other consulting services required by the Design-Build Documents .

§ 8.2.7 MISCELLANEOUS COSTS § 8.2.7.1 That portion of insurance and bond premiums that can be directly attributed to this Design-Build Contract.

§ 8.2.7.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work.

§ 8.2.7.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Design-Builder is required by the Design-Build Documents to pay.

§ 8.2.7.4 Fees of laboratories for tests required by the Design-Build Documents, except those related to defective or non-conforming Work for which reimbursement is excluded by Section A.l3.5.3 of Exhibit A, Terms and Conditions; or other provisions of the Design-Build Documents, and which do not fall within the scope of Section A.l3.5.3.

§ 8.2.7.5 Royalties and license fees paid for the use of a particular design, process or product required by the Design-Build Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirementof the Design~Build Documents; and payments made in accordance with legal judgments against the Design-Builder resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Design-Builder's Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence 'of Section_ A:3.16.l of Exhibit A, Terms and Conditions, or other provisions of the Design-Build Documents, then they shall not be included in the Cost of the Work.

§ 8.2.7.6 Data processing costs related to the Work.

§ 8.2.7.7 Deposits rostfor causes other than the Design-Builder's negligence or failure to fulfill a specific responsibility to the Owner as set forth in the Design-Build Documents.

§ 8.2.7.8Legal costs, including-attorneys' fees, other than those arising from disputes between the Owner and Design-Builder, reasonably incurred by the Design-Builder in the performance of the Work and with the Owner's prior written approval, which approval shall not be unreasonably withheld.

§ 8.2.7.9 Expenses incurred in accordance with the Design-Builder's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, if approved by the Owner.

§ 8.2.8 OTHER COSTS AND EMERGENCIES § 8.2.8.1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing

by the Owner.

AlA Document A141 TM- 2004 Exhibit B. Copyright C> 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 3 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:48:19 on 06/10/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1097871430)

I nit

§ B.2.8.2 Costs due to emergencies incurred in taking action to prevent threatened damage, injury or loss in case ofanemergency affecting the safety of persons and property, as provided in Section A.10.6 of Exhibit A, Terms and Conditions.

§ B.2.8.3 Cost of repairing or correcting damaged or non-conforming Work executed by the Design-Builder, Contractors, Subcontractors or suppliers, provided that such damaged or non-conforming Work was not caused by n~gligence or failure to fulfill a specific responsibility of the Design-Builder and only to the extent that the cost of

··repair or correction is not recoverable by the Design-Builder from insurance, sureties, Contractors, Subcontractors or suppliers.

ARTICLE B.3 COSTS NOT TO BE REIMBURSED § B.3.1 The Cost of thEiWork shall not include:

§ B.3.1.1 Salaries and other compensation of the Design-Builder's personnel stationed at the Design-Builder's principal office or offices other than the site office, except as specifically provided in Sections B.2.2.2 and B.2.2.3.

§ B.3.1.2 Expenses ofthe Design-Builder's principal office and offices other than the site office.

§ B.3.1.3 Overhead and general expenses, except as may be expressly included in Article B.2 ofthis Exhibit.

§ B.3.1.4 The Design-Builder's capital expenses, including interest on the Design-Builder's capital employed for the Work.

§ 8.3.1.5 .Rental costs ofmachinery and equipment, except as specifically provided in Section B.2.5.2.

§ B.3.1.6 Except as provided in Section B.2.8.3 of this Agreement, costs due to the negligence or failure of the ·Design-Builder to fulfill a specific responsibility of the Design-Builder, Contractors, Subcontractors and suppliers or anyone directly or indirE!ctly employed by any of them or for whose acts any of them may be liable.

§ B;3.1.7 Any cost not specifically and expressly described in Article B.2, Costs to be Reimbursed.

§ B.3.1.8 Costs;c>ther than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximurri Price, if any, to be exceeded.

ARTICLE B.4 DISCOUNTS, REBATES AND REFUNDS § B.4.1 Cash discounts obtained on payments made by the Design-Builder shall accrue to the Owner if (1) before making the payment: the Design~Builder included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Design-Builder with which to make payments; otherwise, cash discounts shall accrue to the Design-Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Design-Builder shall make provisions so that they can be secured.

§ B.4.2 Amounts that accrue to the Owner in accordance with the provisions of Section B.4.1 shall be credited to the Owner as adeduction from the Cost of Work.

ARTICLE B.S CONTRACTS AND OTHER AGREEMENTS OTHER THAN FOR DESIGN PROFESSIONALS HIRED BY THE D ESIGN-BUILDER § B.5.1 Those portions of the Work that the Design-Builder does not customarily perform with the Design-Builder's own personnel shall be performed by others under contracts or by other appropriate agreements with the · Design-Builder. The Owner may designate specific persons or entities from whom the Design-Builder shall obtain bids. The Design-Builder shall obtain bids from Contractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Owner. The Owner shall then determine which bids will be accepted. The Design-Builder shall not be required to contract with anyone to whom the

Design-Builder has reasonable objection.

AlA Document A141 TM- 2004 Exhibit B. Copyright e 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA• Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 4 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:48:19 on 06/10/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1097871430)

I nit

§ 8.5.2 Contracts or other agreements shall conform to the applicable payment provisions of this Design-Build Contract, and shall not be awarded on the basis of cost plus a fee without the Owner's prior consent.

ARTICLE 8.6 ACCOUNTING RECORDS § 8.6.1 The Design-Builder or any affiliated person or entity which performs a portion of the Work shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement, and the accounting and control systems shall be satisfactory to the Owner. The Owner and the 'owner's accountants shall be afforded access to, and shall be permitted to audit and copy, the Design-Builder's records, books, correspondence, instructions, receipts, contracts, purchase orders, vouchers, memoranda and other data relating to this Agreement, and the Design-Builder shall preserve these for a period of three years after final payment, or for such longer period as may be required by law.

· § 8.6.2 When the Design-Builder believes that all the Work required by the Agreement has been fully performed, the Design~Builder shall deliver to the Owner's accountant a final accounting of the Cost of the Work.

§ 8.6.3 The Owner's accountants will review and report in writing on the Design-Builder's final accounting within 21days after delivery of the final accounting. Based upon such Cost of the Work as the Owner's accountants reportio be substantiated by the Design-Builder's final accounting, and provided the other conditions of Section A.9.10 ofthe Agreement have been met, the Owner will, within seven days after receipt of the written report of the Owner's accountants, notifythe Design-Builder in writing of the Owner's intention to make final payment or to withhold final payment.

§ 8~6;41fthe Owner's accountants report the Cost of the Work as substantiated by the Design-Builder's final accounting to be lessthan claimed by the Design-Builder, the Design-Builder shall be entitled to initiate resolution

.··of the dispute pursuant to Article 6 of the Agreement and Article A.4 of Exhibit A, Terms and Conditions, for the disputed amount.lfthe Design-Builder fails to so initiate resolution of the dispute within the period of time required ~Y Section A.4.J.2 of Exhibit A, Terms and Conditions, the substantiated amount reported by the Owner's accountants shall become binding on the Design-Builder. Pending a final resolution pursuant to Article 6 of the Agreement and Artide A.4 of Exhibit A, Terms and Conditions, the Owner shall pay the Design-Builder the amount, if any, determined by the Owner's accountant to be due the Design-Builder.

§ 8.6.5 If, subsequent to final paym~nt and at the Owner's request, the Design-Builder incurs costs in connection withthe correction of defective o~ non-conforming work as described in Article B.2, Costs to be Reimbursed, and not excluded by Article B.3, Costs Not to be Reimbursed, the Owner shall reimburse the Design-Builder such costs and the Design-Builder's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, butnot in excess ofthe Guaranteed Maximum Price, if any. If the Design-Builder has participated in savings as provided in Section 4.4.3.1 of the Agreement, the amount of such savings shall be recalculated and appropdatecreditgiven to the Owner in determining the net amount to be paid by the Owner to the Design-Builder.

AlA Document A141 TM - 2004 Exhibit B. Copyright !C) 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may · 5 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:48:19 on 06/10/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is notfor resale. User Notes: (1097871430)

Additions and Deletions Report for AlA® Document A141rM- 2004 Exhibit 8-.


Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AlA document. This Additions and Deletions Report and its associated document were generated simultaneously by AlA software at 15:48:19 on 06/10/2015.

PAGE1

New Aquatic Facilities

Shawnee County Kansas

The Board of County Commissioners Shawnee County Kansas· 200 SE 7th St.· Topeka. KS 66603

B.A. Green Construction Co., Inc. P.O. Box8

. CONTRQb &STIMAT& § 8.1.1 Where the C6fltraet StiH.I is the Cast efthe Werk, pll:IS the DesigR Bt~ileler's Fee vlithetit a GtiarB:BteeEI Maxiffitim Pfiee fltiFStiBflt te 8eetie8 4 3 efthe Agreement, the DesigR Bt~ileler shall prepare anEI st~bmit te the Ovmer prier te the DesigR BtiilEier's first Applieati6fl fer Paymeat, iB vlf'itiBg, a C6fltrel Estimate. The C6fltrel Estimate shall iftelt~Eie the esti:RiateEI Cast efthe Werle pltis the DesigR Btiileler' s Fee. The Ceatrel Estimate shall be t~seEI te m6fliter aettial eests. · ·

.. § 8.1.2 The Ceatrel Estimate shall meltiele: · .1 the Eieei:!meats ea~:HHerateEI iB Artiele 8 eHlie Agreemeat, inelt~Eiing all AEIEieaEia therete aaEI the Terms

aael Ceaeliti6fls ef the CSBtraet; · .2 a Statement eHhe eStimateEI Cast eftlle Werk sae•lfiag S619arately the e8ft1:J!easati6fl fer EiesigR seF¥iees,

eeastrt~etiea eests ergaaiZ!eEI by traee eategeries er systems aaEI the DesigR Btiileler's Fee; aael .3 eeatiftgeaeies fer further Eie:rrelepmeat ef EiesigR anEI eeastmeti6fl.

§ 8.1.3 The Desigfi · Bt~ileler shall meet vfith the Ovffl:er te re"1iew the C6fltrel Estiffiate. Ia the e"leat that the Ovmer Eiisee•1ers any ifteeasisteaeies er inaeetifaeies in the mfermatiea preseRteEI, it shall premptly aetify the DesigR Btiileler, whe shall make awrepriate aeljtistments te the CSRtrel Esti:Riate. Whea the C6fltrel Estimate is aeeeptable te the Ovmer, tile Owaer shall aelrne·,,4eelge its aeeeptanee iB vlf'itiftg. The Ovmer's aeeeptaaee efthe C6fltrel Estimate Eiees net iffifJiy that the CeRtrel Estiffiate eeastiMes a GtiaranteeEI MaximtiR'l Priee.

§ B.t4The De~igR Btiileler shaH Eie:rrelep anEI iffifJlemeat a EietaileEI system efeest eeatrel that .,vill pre•liEie the O•tVRer ;,vitli timely iRfermatiea as te the aatieipateEI tetal Cast efthe 'Nark. The east eSRtrel system shall eempare the Ceatrel Estiffiate "vith. the aerual east fer aeti'lities ifl pregress aaEI estimates fer t~aeempleteEI tasks aaEI prepeseEI ehanges. This mfermati6fl shall be repartee! te the Ovmer, in Vif'itifig, ae later than the Desiga Btii!Eier' s first A.pplieati6fl fer Paymeet aaEI shall be re"liseEI meathly er at ether illter•;als as mtittia!I;· agreeEI. Additions and Deletions Report for AlA Document A141 TM - 2004 Exhibit B. Copyright© 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" 1 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 AlA software at 15:48:19 on 06/10/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1097871430)

§ 8.2.2.2 Wages or salaries of the Design-Builder's supervisory and administrative personnel when stationed at the site or at the Design-Builder's principal office with the Owner's approval.

§ 8.2.5.1 Costs, including transportation and storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools Bet et~stemBfifjr evmeEl ay eeBstnletieH \Yerkers, that are provided by the Design-Builder at the site and fully consumed in the performance of the Work; and cost (less salvage value) of such items if not fully consumed, whether sold to others or retained by the Design~ Builder. The basis for the cost of items previously used by the Design-Builder shall mean the fair market

value.

§ 8.2.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools Bet eHstemBfily e·rmeE! a,· eeBstrHetieB werkers that are provided by the Design-Builder at the site, whether rented from the Design-Builder or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates. liBEl E}HIIHtitiesQuantities of equipment rented shall be subject to the Owner's prior approval.

PAGE3

§ 8.2.5.4 Cost of document reproductions, facsimile triiHsmissieBs transmissions. technology, internet access and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office.

§ 8.2.7~8 Lega(meEliatieH !HlEl BfaitratieH Legal costs, including attorneys' fees, other than those arising from disputes between the Owner and Design-Builder, reasonably incurred by the Design-Builder in the performance of the Work and with the Owner's prior written approval, which approval shall not be unreasonably withheld.

Additions and Deletions Report for AlA Document A141 TM - 2004 Exhibit B. Copyright C 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA., Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA., 2 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum e1ttent possible under the law. This document was produced by AlA software at 15:48:19 on 06/10/2015 under Order No.7363492396_1 which expires on 11/05/2015, and Is not for resale. User Notes: (1097871430)

I nit

Document A141™- 2004 Exhibit C Insurance and Bonds

for the following PROJECT:

{Name and location or address)

New Aquatic Facilities

·Shawnee County, Kansas

THE OWNER:

(Name, legal status and address)

The Board of County Commissioners Shawnee County Kansas

200 SE 7th St. Topeka, KS 66603

THE DESIGN-BUILDER: (Name, /ega/status and address)

B.A. Green Construction Co., Inc. P.O. Box 8

. Lawrence, Kansas 66044-0008

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 AlA 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 AlA text.



AlA Document A141 TM - 2004 Exhibit C. Copyright Q 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 1 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:58:57 on 05/18/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: (1818845807)

I nit

.ARTICLEC.l The Owner and Design-Builder shall provide policies of liability insurance as required by the Design-Build Documents, or as follows: {Specify changes, if any, to the requirements of the Design-Build Documents, and for each type of insurance identify applicable limits and deductible amounts.)

ARTICLEC.2 The Design-Builder shall provide surety bonds as follows: (Specify type and penalsum of bonds.)

Type

Performance & Payment Bond Penal Sum ($0.00)

Project Value

§ C.2.1 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Design-Builder shall promptly furnish a copy of the bonds or shall permit a copy to be made.

AlA Document A141"'- 2004 Exhibit C. Copyright 1Cl2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may 2 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:58:57 on 05/18/2015 under Order No.7363492396_1 which expires on 11/05/2015. and is not for resale. User Notes: (1818845807)

Additions and Deletions Report for AlA® Document A141™- 2004 Exhibit C


Note:. This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AlA document. This Additions and Deletions Report and its associated document were generated simultaneously by AlA software at 15:58:57 on 05/18/2015.

PAGE 1

The Board of County Commissioners Shawnee County Kansas 200 SE 7th St.

B.A. Green Construction Co., Inc. P.O. Box8 Lawrence. Kansas 66044~0008

PAGE2

Project Value

Additions and Deletions Report for AlA Document A 141 TM - 2004 Exhibit C. Copyright C 2004 by The American lnstHute of ArchHects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' 1 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 AlA software at 15:58:57 on 05/18/2015 under Order No.7363492396_1 which expires on 11/05/2015, and is not for resale. User Notes: ( 1818845807)

21 21 01-May-15

35 35 01-Jun-15

40 40 20-Ju~15

30

30

Admissions/ Bathhouse/ Concessions 110 110 09-No•-15

w A1170 Site Parking/ Fence/ Landscaping 60 60 29-Feb-16

.. Pool Construction 145 146 (Yio..Nov-1~

1iii1 A1050 Mob~12e 1 1 09-Nov-15

iiii A1060 Excavate for Pools 15 15 10-Nov-15

,_ A1070 Ins taU Underground Plumbing 20 20 01-Dec-15

WI A1080 Instal Pool Structures 40 40 15-Dec-15

iiii A1090 Backfl pool structures/ complete UG pk 30 30 12-Jan-16

iiii A1100 lnsta& pool mechanCal systems 40 40 23-Feb-16

WI A1110 Instal Pool Tie 40 40 08-Mar-16

;;;;; A1120 lnsla6 water features and slides 20 20 19-Apr-16

""A1130 Prep pools for ptaster 5 5 10-May-16

iOii A1140 lnslaH pool plaster 10 10 10-May-16

iii1 A1150 FN pcols/ slarl-up/ ~alning 10 10 17-May-16

- Actual level of Effort ~ Remaining Work + + Milestone

- Actual Work ~ Crlical Remaining Work ........, summary

29-May-15

17-Jul-15

11-Sep-15

23-0ct-15

20-May-16

JO-May-16

()9.-Nov-15

30-Nov-15

28-Dec-15

08-Feb-16

22-Feb-16

18-Apr-16

02-May-16

16-May-16

16-May-16

23-May-16

30-May-16

Exhibit 0

o1-Moy-15 .

Negotiate/ ~ute cont~acl

---~:-- Sc~matic DesiQn . . -----.-· ···· ------------------ ····oes~oe~e·b~~~--

nnstruction poeuments : q_

""""'" ' ' . . . . . . . . ' ' . ' . 1 Siteworkl Util~ies

r .:: ! ·" ,.~--~,_&_1:£!!,-.?f!~-~?:·:~~=~-':i::'~~:-. ~~t-~-~ ~~ ?~~-,~·! .. ~~-~~~~~~ -~~~~?k~~- ~~~~~-~~ _ : ! ELt}k@WM!f.{AAMMifiM@M S~ Parking! F~nce/

. . • , : . : 30-May-16; Pool

IMobilie : . ; . :

-i Excevate rj,r Poo~ i ; ._. :Ins taM Undeiground Pklnwing ··--······---·---- · ............ ) .................. instan~otsiruc~r~~-· : :

~ckfiU pool s~ructuresl c~mplete UG ~umbtng lr s~an pool mechancal systems

1 Instal Po~l Tile .

. ~ lnst8H water featUres and · · ·· · :--· ........ -:---iii· p,:.;~·p;,oiS ror Pli.·,;,;;, ·

- l~stall pool p~ster _, Filpools/

Exhibit E

ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)

~ 6/5/2015

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER ~2~~CTnana Laudick

Calvin Eddy Kappelman Insurance ~~gN~n~ril• (785)843-2772 I uo~ Nol: (785)843-1583

1011 Westdale Rd. ~o~~~ss: dlaudick@ cekinsurance. com

INSURER(S) AFFORDING COVERAGE NAIC# Lawrence KS 66049-2638 INSURER A :Auto Owners Insurance 18988 INSURED INSURER B :America First Ins. The B A Green Construction INSURERC: PO Box 8 INSURERD:

INSURERE: Lawrence KS 66044-0008 INSURERF:

COVERAGES CERTIFICATE NUMBER·2015-2016 REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE 17~~~ ~· lt~M~ ,~3}6%M% UMITS LTR POUCY NUMBER X COMMERCIAL GENERAL UABILITY EACH OCCURRENCE $ 1,000,000

f-- =:J CLAIMS-MADE [iJ OCCUR ~~~~~~l?E~~~nce\ A f--

$ 50,000

75965951 3/31/2015 3/31/2016 MED EXP (Any one person) $ 5,000 r--

PERSONAL & AD\/ INJURY $ 1,000,000 r--~'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000

POLICY 0 ~~Br D LOC PRODUCTS - COMP/OP AGG $ 2,000,000

OTHER: Premises/Operations $

AUTOMOBILE LIABILITY fi:~~~~~~fiNGLE LIMIT $ 1,000,000 r--

A ANY AUTO BODILY INJURY (Per person) $ f-- ALL OWNED X SCHEDULED

AUTOS AUTOS 4796595100 3/31/2015 3/31/2016 BODILY INJURY (Per accident) $ r-- rx NON.OV'.NED X HIRED AUTOS rp~?~2c~d'Z,t~AMAGE $ f-- f-- AUTOS

Uninsured motorist Bl solit limit $ 1,000,000

X UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 10 000 000 r--A EXCESSLIAB CLAIMS-MADE AGGREGATE $ 10 000 000

DED I X I RETENTION$ 10 000 4796595101 3/31/2015 3/31/2016 $ WORKERS COMPENSATION X I ~f~TUTE I I OTH-AND EMPLOYERS' LIABILITY ER

YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L EACH ACCIDENT $ 500 000 OFFICER/MEMBER EXCLUDED?

B (Mandatory In NH) WCB663131 3/31/2015 3/31/2016 E.L. DISEASE - EA EMPLOYEE $ 500 000

~~~c~?tff'g~ ~~'6PERA TIONS below E.L DISEASE- POLICY LIMIT $ 500 000

DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

The Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

Shawnee County Kansas ACCORDANCE WITH THE POLICY PROVISIONS.

200 SE 7th Street

Topeka, KS 66603 AUTHORIZED REPRESENTATIVE

co-'~. -~ .b • _'lh JOE BAKER/LUTZ -

© 1988-2014 ACORD CORPORATION. All rtghts reserved.

ACORD 25 (2014/01) INS025 1201401\

The ACORD name and logo are registered marks of ACORD

SHAWNEE COUNTY

SHAWNEE COlJNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR 3137 SE 29TI1 ST.

PARKS~RECREATION TOPEKA, Ks 66605-1885


June 8, 2015

To:

From:

Re:


John E. Knight, Director~ Parks & Recreation ,____

Lease Agreement- Yamaha Motor Corporation, USA Golf Division

Board of Commissioners approval is requested to negotiate a new five (5) year agreement as well as to exercise our option, as indicated in the current golf car and maintenance cart lease agreement with Yamaha Motor Company, to trade-in for new units after the third season.

On June 2012, the Board of County Commission approved contract C490-2012, entering into a five (5) year municipal lease agreement with Yamaha Motor Corporation. The agreement with Yamaha Motor Corporation, USA is to supply all rental carts and maintenance carts for three (3) County-owned and operated golf courses along with transportation carts at the Bettis Sports Complex, three (3) units, Department of Corrections, one (1) unit, and Gage Park maintenance, one (1) unit. Within in this lease agreement, Shawnee County has an option to trade-in for new units after the third season. By exercising this option, Shawnee County would receive a new fleet at Lake Shawnee, Cypress Ridge and Forbes Golf Course, Bettis Sports Complex, Department of Corrections and Gage Park maintenance. To take advantage of this, Shawnee County would also be required to negotiate a new five (5) year lease with a three (3) year tradein option which will provide each facility with new units once again.

By upgrading the current fleet to the new EFI (Electronic Fuel Ignition), we would see a reduction of 34% in fuel usage which equates to approximately $6,500 dollars per year along with a 66% reduction in carbon pollutants. Additional savings to annual maintenance is anticipated to be approximately $5,500 for the first year. Besides the positive impact on the environment, we would be furnishing our patrons with new units which continue to meet the standards set within the Parks and Recreation Golf Division.

In 2014, Shawnee County Parks and Recreation received $590,179 in revenue for the rental of these carts to patrons at Lake Shawnee, Cypress Ridge and Forbes Golf Courses.

Parks and Recreation will return to the Board of Commissioners for approval of the newly negotiated agreement for the rental and maintenance of the carts.

JEK/lrk KG

.. SHAWNEE COUNTY

PARKS~RECREATION

June 11, 2015

TO:

FROM:

RE:


John E. Knight, Director () . Parks & Recreation ~,

Agreement - Winter Wonderland Recreation Division

SHAWNEE COtJNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR 3137 SE 29rH ST.

TOPEKA, Ks 66605-1885 (785) 251-2600

[email protected]

Board of Commissioners approval is requested on the attached Agreement between Tare, Inc. and Shawnee County. This agreement sets out the conditions for the operation of Tare's Winter Wonderland Celebration of Lights. This will be the 19th Annual Winter Wonderland held at Lake Shawnee.

Winter Wonderland will be held from November 20 and 21st for a walk night on November 20 and a 5K run will take place Saturday November 21st. Winter Wonderland will then have its grand opening night on November 25th and run through December 31,2015, at the Lake Shawnee Campground.

The financial impact of this event is expected to be: Staff Cost Expense to County Revenue to County Foundation Revenue

Foundation Expenses Volunteer benefits Economic Impact

$12,771 $1,566 $0

12% of total revenue not to exceed $16,500

$0 $68,080 $928,800

This event will attract visitors from all across Kansas, as well as many out-of-state residents. Last year we had 11,038 vehicles, vans and buses that traveled through Winter Wonderland.

JEK/gcl RL Attachment

AGREEMENT

This agreement is made this day of ______ , 2015,

between the Tare, Inc., hereinafter referred to as "Organizer" and the Board of

Commissioners of the County of Shawnee, Kansas, hereinafter referred to as the

"County".

Whereas, the County is the owner of Lake Shawnee and operates the public park

and facilities located therein for the recreational use by the public and patrons of the park;

and,

Whereas, it would be of mutual benefit to the parties that certain rights, privileges

and covenants be granted by the County to the Organizer for said rights, privileges and

covenants, as they are herein after set forth; and,

Whereas, the Organizer wishes to conduct The Winter Wonderland Celebration of

Lights, November 20, 21, close November 22, 23, 24, and reopen November 25 through

December 31, 2015 hereinafter referred to as "Event" at Lake Shawnee; and,

Whereas, Shawnee County Parks & Recreation hereinafter referred to as the

"Department" shall be responsible for carrying out the responsibilities of the County; and,

Whereas, the Director of Parks & Recreation hereinafter referred to as the

"Director" shall be the representative of the County; and,

Whereas, the Organizer and the County wish to set out terms and conditions

regarding the Event.

Now, therefore, in consideration of the mutual covenants provided herein, the

Organizer and the County agree as follows:

GENERAL DESCRIPTION OF AGREEMENT

This is an agreement for a special use of Shawnee County parkland and facilities

for the operation of a community interest event.

GENERAL TERMS

1. The Director shall be the County's agent for the receipt of all required notices to the

County and for the general administration of this Agreement. All comments by the

County shall be directed verbally or in writing by the Director to the Organizer.

2. Event Organizer shall be the person who receives all -written legal notices from the

County. All comments by the Organizer directed to the County shall be verbally or in

writing to the Director.

RESPONSIBILITIES OF THE ORGANIZER: The following shall be provided by the

Organizer at no cost to the County:

1. Publicity:

• Organizer shall identify Lake Shawnee, Topeka, Kansas, and utilize the

Shawnee County Parks & Recreation logo in publicity and list Shawnee

County Parks & Recreation as a title sponsor.

• Organizer shall hold the Event November 20, 21, close November 22, 23, 24,

and reopen November 25 through December 31, 2015 during the hours of

6:00 pm to 10:00 pm.

• Organizer shall provide all media campaigns and announcements.

2. Site Layout: Organizer, along with the County, will establish a mutually agreed

upon site layout of the area along East Edge Road from Croco Road through the

Campground.

3. Event:

• Event is defined as Winter Wonderland a Celebration of Lights point of

admission, designated parking areas which support Organizer activities, and to

include set up operations through the conclusion of break down operations for

the times and dates set forth in this agreement.

• Organizer agrees to obtain sponsorship for 35 to 45 displays.

• Organizer agrees to be responsible for the collection and accounting of all

monies using daily cash report forms that would include the number of cars,

number of complimentary tickets, and total amount of money taken in daily.

The number of complimentary tickets to be distributed must be agreed to by

both parties.

• Organizer agrees to coordinate all scheduling, park use, and event plans and

needs with the County including but not limited to, shelter reservations,

campground reservations, traffic, weather contingency plan, advertising, and

solutions/concerns.

• Organizer agrees to make all arrangements with vendors on ordering and

paying for displays.

• Organizer agrees to coordinate/solicit sponsorship from the power company to

drop any necessary electrical lines above and beyond the existing campground

electrical systems. This must be coordinated with the County prior to contact

with the power company.

• Organizer agrees to submit to the County within thirty (30) days, a written

summary with total attendance figures, number of cars both in and out of

state, number of buses in and out of state, number of county cars, number of

complimentary tickets, amount of sponsor income, amount of gate income and

total expenses.

• Organizer shall produce a thirty-nine (39) night; family orientated event

designed to capture community and media attention.

• Persons associated with the Event will not bring onto, consume or provide to

anyone any controlled substance, alcoholic or cereal malt beverage on the

leased premises.

• Organizer agrees to provide access to the Event site at no charge to Shawnee

County Parks & Recreation staff involved in the administration of the

contract, on-duty parks & recreation staff, and law enforcement personnel.

• Organizer shall provide 4 to 5 volunteers to operate on a nightly basis from

5:30pm to 10:30 pm. All volunteers and staff will leave the park grounds by

11:00 pm.

• Organizer shall receive written County approval pnor to building any

structure, which is temporary or permanent.

• Organizer shall check with the County and local utilities for under-ground

cable lines and other possible buried utilities so as not to disrupt any utility

service or cause damage to said utility.

• Organizer agrees to coordinate/solicit sponsorship from the power company

for the hook-up and power usage of the nine (9) electrical poles outside of the

campground which were installed for this event.

4. Equipment:

• Organizer shall furnish the following to produce the Event:

1. Radio sound system

2. Litter control at lake campground building

3. Displays with all necessary electrical I non-electrical hookups and

equipment.

5. Insurance:

• Organizer shall furnish spectator liability insurance coverage for Event

patrons with combined single limit coverage of not less than five hundred

thousand dollars ($500,000.00) with the County named as an additional

insured.

• Organizer agrees to name the County, it's officers and employees as

additional insured on their general liability and/or event liability insurance

contracts as applies to Event.

• Organizer agrees to provide certificates of insurance to the County before the

Board of Commissioners approval is granted.

6. Indemnification: Organizer agrees to indemnify and hold harmless the Board of

Commissioners of the County of Shawnee, it's officers, employees, agents,

contractors, subcontractors, and insurers from and against all liability, claims or

demands, on account of injury, loss, or damage, of any kind whatsoever, which

arise out of or are in any manner connected with the Event, if such injury, loss, or

damage is or is claimed to be caused in whole or in part by the act, omission, or

other fault of Organizer, or any officer, employee, or agent of Organizer.

Organizer agrees to investigate, handle, respond to, and to provide defense for any

liability claims, or demands at the sole expense of Organizer, and agrees to bear

any other costs and expenses related thereto, including court costs and attorneys'

fees, whether such liability, claims, or demands are groundless, false, or

fraudulent as it applies to the Event.

7. Event Revenue: The County and Organizer agree that Event revenue shall be

shared as follows:

• Gate receipts - 88% to Organizer to be used for event operation costs, and to

benefit Tare, Inc.

• Organizer will pay the Shawnee County Parks & Recreation Foundation 12%

of the gross gate receipts with a minimum of sixteen thousand and five

hundred dollars ($16,500.00) to be remitted to the County no later than

January 31,2016.

8. Sales Tax & Misc. Licenses: Organizer agrees to obtain State of Kansas Sales

Tax licenses and to file the necessary tax returns for all taxable items, goods, and

services sold at the Event. Any applicable Health Department permits for food

vendors must be obtained by the Organizer or the food vendor.

9. Emergency Services: Organizer shall provide Emergency Services as deemed

necessary for the Event and size of crowd, and develop an emergency action plan

in case of injury at the Event.

10. Rules and Regulations: Organizer must adhere to all Parks & Recreation

Resolutions, Shawnee County Resolutions, and other applicable laws of the State

of Kansas.

11. Organizer has familiarized themselves with the site being provided by the County

and agrees to conduct all of their activities within that designated site.

12. The Organizer will not directly nor indirectly deny admittance to the Event to any

person or persons on the basis of race, religion, color, sex, physical or mental

handicap, ancestry, national origin or age.

RESPONSIBILITIES OF THE COUNTY

13. Department Responsibility: Shawnee County Parks & Recreation shall be the

County department responsible for the duties and activities agreed to hereinafter.

14. Site Requirements: The County shall reserve the area along East Edge Road from

Croco Road through the campground. As the campground is a year round

recreational facility, the County will continue to operate sites 38 through 56 for

this purpose. Registered campers will be allowed access in and out of the area

without additional charge and use of the area as long as it does not interfere or

detract from the Event. In such cases, the Park police officer on duty should be

notified to handle the issue.

15. Electrical Outlets: The County will provide the use of electrical outlets in their

existing condition as of October 19, 2015.

16. Campground Entrance Building: The County will allow use of the entrance

building as a "headquarters" for Event operations during actual operating hours.

17. Advertisement: The County will advertise and promote WinterWonderland

through the Parks & Recreations's fall activities brochure and other avenues

available at the department's discretion.

18. Ice and Snow Removal: The County will provide snow and ice removal of the

park and campground roads when such snow or ice will impede traffic as

determined by the County.

19. T-posts and Signage: The County will provide T-posts and signage on the park

grounds as deemed necessary by the County.

20. Extension Cords: The County will provide extension cords for approximately

forty-five (45) displays or as deemed necessary by the County.

21. Daily Maintenance: The County will provide daily maintenance to include, but

not limited to, the displays to insure proper operation of displays. If the County is

unable to repair, the County will contact the Organizer.

22. Security: The County will provide security during operating hours of the Event

from November 20, 2015 through December 31, 2015; approximately 200 hours.

Park security will deliver the nightly deposit to the Educational Credit Union at

SE 29th Street and Croco Road.

23. Staff:

• The County will provide necessary staff for the set up and take down of the

displays on the park grounds with Representatives ofT ARC.

• The County will assign a recreation division employee to coordinate between

the Organizer and the County. This employee will be the County's contact

person for development, set up, operation and evaluation of the Event.

• The County will provide presence from the Park Director and/or Recreation

Director at meetings with TARC for decisions relating to electrical needs,

display locations, and set up.

24. Reynolds Lodge/Big Gage: The County will provide Reynolds Lodge and Big

Gage on the following dates: Reynolds Lodge on November 21st and Big Gage

on January 19th. These dates are special events coordinated with Winter

Wonderland Celebration of Lights.

25. Cancellation: The County has the right to cancel or postpone the Event if

public safety is in jeopardy due to inclement weather or other reasonable cause.

ASSIGNMENT

This Agreement may be assigned by either party only with prior written consent of the

department.

ENTIRE AGREEMENT

The Contractual Provisions Attachment which is attached to this Agreement is

incorporated by reference and made a part of this Agreement. Together this Agreement

and the Contractual Provisions Attachment represents the entire agreement and

understanding between the Organizer and the County relating to the Agreement. No

terms, conditions, course of performance, usage of trade, understandings, or agreements

purporting to modify, supplement or explain any provisions of this Agreement shall be

effective unless in writing, signed by representatives of both parties authorized to amend

the Agreement.

SEVERABILITY

The paragraphs of this Agreement are severable. In the event any paragraph or portion of

the Agreement is declared illegal or unenforceable, the remainder of the Agreement shall

be in effect and binding upon the parties.

NOTICE

Any notice with regard to this Agreement shall be sent to the following:

COUNTY

Shawnee County Parks & Recreation

John E. Knight, Director

313 7 SE 29th Street

Topeka, KS 66605

BOARD OF COMMISSIONERS

SHAWNEE COUNTY, KANSAS


ATTEST:

Cynthia A. Beck, County Clerk

ORGANIZER

Eileen Doran, TARC

2701 SE Randolph Ave

Topeka, KS 66611

Winter Wonderland a Celebration of Lights

,.., :!) __ --~

Eileen Doran, Tare, Inc.

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being dated the ___ day of _______ ___, 20 __ .

I. TERMS HEREIN CONTROLLING PROVISIONS. It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A., to the exclusion of the Courts of any other states or country. All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor. at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnify any contractor for any liability whatsoever.

5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer''; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of(c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

6. ACCEPTANCE OF CONTRACT. This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given and this is signed by the Board of County Commissioners of the County of Shawnee, Kansas.

7. ARBITRATION, DAMAGES, WARRANTIES. Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

8. REPRESENTATIVE'S AUTHORITY TO CONTRACT. By signing this document, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONSIBILITY FOR TAXES. The County shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

I 0. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6 10 I et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

VENDOR/CONTRACTOR:

By:

f:."k: Cat.h'-1'...- 0; w..:.r..t>-/

Date: ' 1



Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

SHAWNEE COUNTY E Department of L

Emergency Management 200 SE ?'h Street

Emergency Operations Center Topeka, KS 66603 (785) 251-4150

Dusty Nichols, Interim Director

June11,2015

MEMO:

TO:

FROM:

Transfer of Equipment- 13-NEK141029.002

Board of County Commissioners Shawnee County Kansas

Dusty Nichols- Interim Director _ / Shawnee County Emergency Management 'p.,rv

The attached agreement is for the transfer of grant funded equipment to Shawnee County Emergency Management from the Northeast Kansas Homeland Security Council. Shawnee County would become both the owner and caretaker of the equipment listed on the next couple pages.

The equipment is a laptop for the Accountability System Equipment that is utilized throughout the State of Kansas to track and credential responders and public employees. This system is also used locally to track and credential Shawnee County employees.

This is a very valuable piece of equipment that Shawnee County Emergency Management and many of our emergency and community partners have put to good use in recent months.

There is no direct cost to Shawnee County to accept the equipment.

However should the equipment be needed in an emergency, incident and/or for an event, Shawnee County Emergency Management would be responsible for delivering the equipment so that other entities in our region can utilize it.

Please sign where indicated and return to this office so that documents can be disseminated to the proper persons on the regional level. Thank you in advance for your consideration.

For any questions please contact Interim Director Dusty Nichols 785-251-4152

June 1, 2015

North Central Regional Planning Commission 109 N. Mill • P.O. Box 565 · Beloit, KS 67420 www.ncrP-c.org Telephone: (785) 738-2218 • Facsimile: (785) 738-2185

Enclosed please find an original Transfer of Property Agreement specific to the equipment described therin. If you agree this equipment is now in your possession and that you are willing to assume full responsibility for that equipment, please have the agreement signed by the appropriate authority as "Agency" and then send it back to the following address for final processing.

Attn: Lisa Peters North Central Regional Planning Commission 109 N Mill St - PO Box 565 Beloit, KS 67420

Once all required signatures have been obtained, a copy of the Transfer of Property Agreement will be mailed to you.

If you have any questions concerning this program requirement, please contact our office.

Sincerely,

dL.OCl Lisa Peters Homeland Security Respresentative

Enclosures

\"

TRANSFER OF PROPERTY AGREEMENT: Acceptance of Homeland Security Grant Equipment

Grant: FY 13 Fiscal Agent: North Central Regional Planning Commission Regional Council (if applicable): Northeast Kansas Homeland Security Council Project: Accountability Sustainment

Agency: Shawnee County Description of Equipment: DELL Latitude E6540

Serial#: 839FN12 Vendor DELL Cost: $1602.71 each PO /Invoice 13-NEK141029.002/ XJKDDKM49 Date of Agreement: November 7, 2014

The parties of this Agreement do mutually agree as follows:

Award of Equipment: The North Central Regional Planning Commission, 109 N. Mill Street, Beloit, KS 67420, hereafter referred to as the "Fiscal Agent" and authorized to act on behalf of the Northeast Homeland Security Region, hereafter known as the "Regional Council" or "Region", agrees to transfer ownership of the equipment, hereafter described as "Equipment" and as described on the attached invoice and purchased under grant Catalog of Federal Domestic Assistance (CFDA) # 97.067 to Shawnee County, Kansas. hereafter referred to as the "Agency", to enhance the Agency's capabilities to deter and/or respond to acts of terrorism and other disasters affecting the Agency's community and the homeland security region in which the Agency resides. The Agency listed above agrees to accept the specified equipment and comply with all provisions detailed in this Agreement.

Reporting and Monitoring Requirements: The Agency shall permit monitoring by the Region, the state or appropriate federal agency representatives, and comply with such reporting procedures as may be established by the state or Region. The Agency shall maintain all related records for the life of the equipment. Although information will be provided to the Region by the Agency, the Region has no obligation or right to maintain or repair the equipment or ensure that the equipment is used safely or properly.

Inventory Control: The Agency agrees to maintain inventory control on any equipment provided through this Agreement, with the exception of consumable equipment. Consumable equipment is defined as equipment that may be depleted or worn out by limited use (i.e. batteries, paper mask, filters).

Inventory Control applies to individual equipment items (i.e., generator) and not packages of equipment (i.e., package of six hazardous material suits).

Equipment inventories shall include the following items:

• Serial number Cost of item • Location of equipment

• Description of item End user (Agency) • Condition of equipment

• Vendor • Contact information for • Personnel trained on

• Date purchased End User (Agency) equipment

KHP HSO will conduct on-site monitoring specifically for equipment with a purchase price of $5,000 or more. However, the KHP HSO reserves the right to monitor all equipment acquired with homeland security grant funds.

A control system must be developed by the Agency to ensure proper maintenance and adequate safeguards to prevent loss, damage, or theft of the equipment.

Non-Supplanting Certification: The Agency affirms that the federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. The Agency may be required to· supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt of federal funds.

Maintenance of Equipment and Qualified Personnel: The Agency affirms that it has access to staff and equipment to use the equipment in a timely manner once requested or deployed. The Agency affirms that it has properly trained and qualified personnel to operate and maintain equipment provided through this Agreement, and the Agency agrees to maintain training of personnel to ensure proper and safe use of the equipment. Agency agrees to assume financial responsibility for monthly or use service charges beyond the scope of this Agreement.

Title: The Agency agrees to accept title to the equipment provided under this Agreement if such title is required by state or federal regulations.

Insurance: The Agency:

Agrees to maintain property and casualty insurance on the equipment provided under this Agreement. Agency will list the Region as an additional insured and a loss payee with respect to the equipment, and provide the Region with a copy of the declarations page or other appropriate excerpt from the insurance policy confirming that the equipment is insured.

OR

Stipulates it is self-insured and will provide Fiscal Agent with a letter documenting its self-insured status.

Report of Loss or Expiration: The Agency agrees to notify the Region within ten (1 0) working days of the loss, damage or expiration of the equipment provided through this Agreement. The Agency understands that neither Region nor state or federal agencies are not obligated to replace items lost, damaged or expired. Agency is required to commit to sustain capabilities gained through the acceptance of the equipment covered through this Agreement.

Replacement: The Agency is responsible for replacing or repairing the property which is lost, stolen, damaged, or destroyed, at the direction of the KHP HSO.

Interest of Members of the Region and Others: No officer, member, or employee of the Region and no member of its governing body, and no other public official of the governing body of the localities in which the equipment is provided who exercises any functions or responsibilities in the review or approval of this project, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

Termination of Agreement for Cause: If through any cause, the Agency shall fail to perform in a timely and proper manner its obligations under this Agreement or if the Agency shall violate any of the covenants, agreements or stipulations of this Agreement, the Region shall thereupon have the right to terminate this Agreement by specifying the effective date thereof. The date of notice shall be at least ten ( 10) working days before the effective date of such termination. If the Region terminates this Agreement, the Region may require that the Agency return all equipment provided

to the Agency under this Agreement to the Region, and that Agency transfer ownership of all equipment to the Region, and that Agency execute any documents necessary to transfer ownership to the Region or to another organization designated by the Region to receive the equipment.

Liability: With the transfer of ownership of the equipment specified through this Agreement, the Agency shall take necessary steps to insure or protect itself, its personnel, and the equipment, and to comply with all applicable local, state and federal laws or other governmental requirements regarding ownership or use of the equipment, including, without limitation, all safety and security standards. The Region and Fiscal Agent, not being the manufacturer of the equipment, has no responsibility with respect to the equipment or any use or storage thereof, or any accidents or claims relating thereto.

The Region and Fiscal Agent makes no representations or warranties, express or implied, regarding the equipment, whether arising by operation of law or otherwise, and expressly disclaims any and all warranties of merchantability, of fitness for a particular purpose of use, of noninfringement, of title, condition, quality or workmanship, or in any other respect. In no event shall the Region be liable to the Agency for any indirect, incidental, consequential, special, and exemplary or punitive damages.

To the extent permitted by law, the Agency will defend, indemnify and reimburse the Region and Fiscal Agent against and for, and the Agency staff will use best efforts to convince the Agency's decision maker to appropriate such amounts as are reasonably necessary to defend, indemnify or reimburse the Region and Fiscal Agent against and for, any claims against the Region and Fiscal Agent that are based in whole or in part on damages or injuries allegedly caused by the equipment or any use or other aspect thereof and any costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Region and Fiscal Agent in connection with any such claims or any breach by Agency of this Agreement, when reasonably asked to do so by the Region.

Governing Law: This Agreement shall be interpreted under and governed by the laws of the State of Kansas.

Related Federal Regulations per 44 CFR, Part 13, Section 13.32: The Agency shall not use equipment to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted by federal statute. The Agency may use equipment to be replaced as a trade-in or sell the property and use proceeds to offset the cost of the replacement or similar use property, with approval from the Region and final approval from the state and federal agencies. The Agency may sell or dispose of equipment valued at under $5,000 upon approval of the KHP HSO and notification to the Region the date equipment was sold, sale price of equipment, and entity that was sold to (if selling equipment) or upon notification to Region that equipment is requested to be disposed and reasons for disposition (if disposing equipment). If equipment is sold for $5,000 or more, the federal government shall have the right to receive proceeds from the sale in excess of grant funds provided for such item; this does not apply to transferring equipment to other entities or in applying the sale proceeds towards acquiring other homeland security-related equipment that costs more than the equipment sold.

Disposition of Property: The Agency may dispose of or remove from inventory any or all equipment when the useful life of the original or replacement equipment acquired under the grant award has expired or when any or all equipment is no longer needed for the original project or program. Disposition of the equipment will be made as follows:

• The Homeland Security Grant Program Equipment Disposition Form should be filled out when any equipment is sold, transferred, broken, lost, stolen, or has met its life cycle.

• Items with a fair market value of less than $5,000.00 may be retained, transferred, or otherwise disposed of and removed from inventory with KHP HSO approval.

• Items with a fair market value in excess of $5,000.00 may be retained, transferred, or otherwise disposed of and removed from inventory with prior written KHP HSO approval. A copy of said approval shall be provided to the Region.

Life Cycle: Life cycle may be measured by the protocols published as Circular A-76 by the White House Office of Management and Budget (OMB) and seen at:

http://www.whitehouse.gov/sites/defauiVfiles/omb/assets/agencyinformation circulars procure ment pdf/a076supp.pdf

Fair market value is defined as the amount for which equipment would sell on the open market if put up for sale. The fair market value will be determined by the KHP HSO.

Notices. All notices regarding this Agreement will be considered properly delivered if sent by U.S. postal mail, email or fax to the Fiscal Agent as follows:

For Fiscal Agent:

Name: Lisa Peters Agency: North Central Regional Planning Commission Address: 109 N Mill Street, PO Box 565 City/State/Zip: Beloit KS 67420 Fax number: 785) 738-2185 Email address: [email protected]

Notification Address For Agency:

Name: Agency: Shawnee County EM Address: 200 SE 71

h Street, SB-1 0 Topeka, KS 66603

Email address

REQUIRED Signatures:

For Regional Homeland Security Council:

By: Date: ________ _ Authorized Signature

For Agency: ___________________ ___

By: Date: ________ _ Authorized Signature

For Fiscal Agent: North Central Regional Planning Commission:

By: Authorized Signature Date:---------

OPTIONAL Signatures for Local Approval:

By:

By:

Approv.'!=ld as to form, County Counselor

------------------Date: ____________ __ Attested to, County Clerk

8 FID Number: 74-2616805 Sales Rep: KAYLA FISHER

' For Sales: {800)981-3355 Sales Fax: {800)433-9527

For Customer Service: {800)981-3355

z,.

"' 0 ·=== U1 ,_.

For Technical Support: (800)1322-8965 Dell Online: http:J/.r~WW.dell.com

SOLD TO': #BWNHKPV #0853 5566 94#

NORTH CENTRAL REGIONAL PLANNJN ACCOUNTS PAYABL'=: POBOX565 109 NORTH MILL ST BELOIT,KS 67420

I nJS IS your fNVUivt:

Cuslomer Number: 085355669 Purchase Order: 13NEK141029002

Order Number: 715778300 Order Dale: 10129/14

83 01 0 01 01 N

r-age: 1 or .t.

Invoice Number. jxJKDDKM49

lnl'oice Dall!: 11107/14 Payment Terrms: NET DUE 30 DAYS

Due D~ta: 12107/14 Shijlped Via: SAIA

Waybill Number: 008952311402

SHIP TO; PATCOLLINS RILEY COUNTY 115 tJ 4"rH ST MANHATTAN, KS 66502-6599

4ro;,-l;

<'.?11

PLEASE REVIEW IMPORTANT TERMS & CONDITIONS ON Tl-IE REVERSE SIDE OF Tl-IJS INVOICE

Order Shipped Item Number Description

23 23 210-AAFM Latitude E6540 23 23 370-AAIE 8GB (2x4GB) 1600MHz DDR3l Memory 23 23 580-AAFH Internal English Backlit Dual Pointing Keyboard 23 23 490-BBDS AMD Radeon HD 8790M Graphics 2 GB GDDRS 23 23 555-BBDN Dell Wireless 1506 Driver 23 23 400-AAGJ 500GB (5400rpm) Hybrid HOD with 8GB Flash 23 23 421-8067 Windows 7 Professional, 64-blt, No Media, latitude, English 23 23 429-AABK BX DVD+/-RW Drive 23 23 555-BBCZ Dell Wireless 1506 802.11 gin S ingle Band Wi-Fi Half Mini Car

d 23 23 537-BBBL US Power Cord 23 23 343-BBBB System Documentation, English 23 23 319-BBBK No Camera Software 23 23 989-3449 *Thank you choosing Dell ProS up port. For tech support, Visit

http://support.dell.com/ProSupport or call1-866-516-3115 23 23 993-8361 *ProSupport: Next Business Day OnsHe Service After Remote D

iagnosis Initial Year 23 23 993-8541 *ProSupport: 7x24 Technical Sup port, Initial 23 23 993-9151 "ProSupport: Next Business Day Onsite Service Alter Remote D

iagnosis 2 Year Extended 23 23 993-9241 *ProSupport: 7x24 Technical Sup port, 2 Year Extended 23 23 994-0681 *Dell Limited Hardware Warranty Plus Service Initial Year 23 23 994-0921 *Dell Limited Hardware Warranty Plus Service Extended Year(s) 23 23 988-5542 *Extended Battery Service for Y ears 2 and 3 of System Ufe 23 23 631-AAAG No Out-of-Band Systems Managem ent 23 23 430-XXYG No Resource DVD 23 23 346-BBBW No Fingerprint Reader and NoS mart Card Reader (Contact and

Contactless) Palmrest

FOR SHIPMENTS TO CALIFORNIA, A STATE ENVIRONMENTAL FEE OF UP TO $5 PER ITEM WIL L BE ADDEO TO INVOICES FOR ALL ORDERS CONTAINING A DISPLAY GREATER THAN -4 INCHE S. PLEASE KEEP ORIGINAL BOX FOR ALL RETURNS. COMPREHENSIVE, ONLINE CUSTOMER CA RE INFORMATION AND-ASSISTANCE IS A CLICK AWAY AT WINW.OELL.COMIPUBUC-ECARE TO A NSWER A VARIETY OF QUESTIONS REGARDING YOUR DELL ORDER.

(Rev 10/11)

8 DETACH AT PERF ANO RETURN WITH PAYMENT

MAKE CHECK PAYABLE/REMIT TO:

DELL MARKETING LP. PO BOX 676021 C/0 DELL USA LP. DALLAS,TX 75267-6021

Invoice Number: XJKDDI<M49 Customer Name: NORTH CENTRAL REGIONAL P

Custon1er Number: 085355669 Purchase Order: 13NEK141029002

Order Number: 715778300

II••• I .1. I u.l.l.ll,,lllf J,fl 11 lflflul 1 I 111 I I r 1 I 1 lu ,Ifill I If

OOOXJKDDKM4,0D00003bBb2338300B5355bb98

Unit Unit Price Amount

EA 1,602.71 36,862.33 EA EA EA EA EA EA EA EA

EA EA EA EA

EA

EA EA

EA EA EA EA EA EA EA

Sllip. &/or Handlill_~ $ 000 Subtotal $ 36 862.33 Taxable: Tax:

$ 0.00 $ 0.00 ENVIRO FEE $ 0.00

Invoice Total $ 36,862..33

Shio. &lor Handlina $ 0.00 Subtotal $ 36862.33 TlllCable: Tax:

$ 0.00 $ 0.00 ENVIROFEE $ 0.00

Invoice Total $ 36,862.33 1-----

~

$ $

Balance Due $ 36,862.33 Ami. Enclosed $

I hiS Is your INVUJ{.;f:: Page: 2 of 2

8 FID Number: 74-2616805 Sales Rep; KAYLA FISHER For Sales: (800)981-3355 Sales Fax: (800)433-952 7

For Customer Service: {800)981-3355 For Technical Support: (800)822-8965

Customer Number: 065355669 Purchase Order: 13NEK141029002

Order Number. 715778300 Order Dale; 10/29114

Invoice Number: I XJKDDKM49

Invoice Date: 11/07/14 Payment Terrms: NET DUE 30 DAYS

Due Dale: 12107/14

Order

23 23 23 23 23 23

23

23

23 23 23 23 23 23 23 23 23

23 23 23 23 23 23 23 23 23 23 23 23 23

~ev 10/11)

~

"' 0 U1 ... ... 0

"' 0 0 0 .., ~ .... 0 1\.1

Dell Online: hllp://www.dell.com

SOLD TO:

NORTH CENTRAL REGIONAl PLANNIN ACCOUNTS PAYABlE POBOX565 109 NORTH MILL ST BELOIT,KS 67420

83 01 0 01 01 N Shipped Vi11: SAIA Waybill Number: 008952311402

SHIP TO: PATCOLUNS RILEY COUNTY 115 N4TH ST MANHATTAN, KS 66502-6599

PLEASE REVIEW IMPORTANT TERMS & CONDITIONS ON THE REVERSE SIDE OF THIS INVOICE

Shipped Item Number Description Unit Unit Price

23 332-1286 US Order EA 23 451-BBBL 6-cell (65Wh) Uthlum lon bat tel}' with ExpressCharge EA 23 362-BBBB No Wireless WAN Card EA 23 460-BBLG Dell Professional Topload 15.6 inch Carry Case EA 23 387-BBCE No Energy Star EA 23 338-BBVM 4th Gen Intel Core i7-4800MQ Processor (2.7 GHz, 6MB Cache, EA

Quad Core) 23 421-9986 Dell Data Protection System En terprise Bi!Locker Manager Dig EA

ital Delivery 23 954-3460 •Dell ProSupport for Software, Dell Data Protection Encryptlo EA

n Bitlocker Manager Edition, 1 Year 23 325-BBBU No Webcam and No Microphone EA 23 340-AAKD SHIP,NBK,E6540,0AO,Mbc-model EA 23 430-XXYY No Power DVO EA 23 469-2486 CFI Not Included EA 23 551-BBBJ No Intel Responsive EA 23 336-BCMH ·Intel Core fl Processor Label EA 23 391-BBCR 15.6ln FHD (1920x1 080) Anti-GI are LED EA 23 630-AABP Microsoft Office Trial, MUJ, 0 ptiPiex, Precision, latitude EA 23 330-6322 Windows 7 Label, latitude, Vos tro and Mobile Precision Noteb EA

ooks 23 421-9982 Thank you for buying Dell EA 23 422-0007 Dell Data Protection Security Tools Digital Dellvery/NB EA 23 551-BBBH Dell Client System Update EA 23 640-8801 Adobe Reader 11 EA 23 640-BBEU Deff Data Protection I Protect ed Workspace EA 23 540-BBHQ Not Selected in this Configura lion EA 23 640-BBHR Visit wv.w.dell.com/encryption EA 23 658-BC3NF Waves Maxx Audio Royally EA 23 525-0015 McAfee SecurityCenter 36 month EA 23 492-BBCS 130W AC Adapter, 3-pin EA 23 620-AAOH No Mecfra EA 23 637-AAAS Dell Backup and Recovery Basic EA 23 800-BBFB BTO Standard shipment EA

System Service Tags 1S5FN12, JZ6FN12, 316FN12, 395FN12, 41ZDN12, 6K6FN12, 736FN12, BZ5FN12, 9X5FN12,9Y5FN12,806FN12,839FN12, B76FN12, CW5FN12, D86FN12, DT5FN12, DV5FN12, F26FN12, FZ5FN12, GY6FN12, HK6FN12, JV5FN12, 206FN12

Amount

Buyer: PURCHASE ORDER

13-NEK141 029.002 North Central Regional Planning Commission

11115 NUMBER MUST APPEAR ON I>JVOJCES, Bll., BUNO!.ES. CASES, P.O. Box 565 PACKING LISTS,ANO CORRESPONDENCE

Beloit, KS 67420 (785) 738-2218 FY13 NORTHEAST KANSAS Fax: (785) 738-2185 FIN: 48-0808208 REGIONAL HOMELAND SECURITY PROGRAM

Tax Exempt#: KSJ1XMOGJD

Expiration Date: 11/01/2014 Project: FY13 Accountability Sustainment

Vendor Information:

I I Dell OATE

29-0ct-14 PO Box 676021 FUNDING SOURCE

Kansas Homeland Security Program Dallas, TX 75267 TERMS

Net30 F.O.B.

Quote #: 693789642 SHPW.

L ~ BEST

End User: Northeast Kansas Regional Homeland Security Program

SHIP TO: Pat Collins Riley County Emergency Management, 115 N 4th Street, Manhattan, KS 66502-6036 Tel: (785) 537-6333 Email: [email protected]

QUANTITY DESCRIPTION AMOUNT

23 Dell Latitude E6540 (210-AAFM) per attached quote $ 1,602.71 $ 36,862.33

$ - $ -$ - $ -$ - $ -$ - $ -$ - $ -

$ - $ -$ - $ -$ - $ -$ - $ -$ - $ -$ - $ -

(See attached quote for complete details) $ - $ -$ - $ -

Special Instructions: $ - $ -Serial numbers associated with the equipment and locations assigned are to be provided to the North Central Regional Plannin~ Commission at the lime of invoice. $ - $ -

~ ·;: -... -. ;

; .. • .. , . . ..

NOT To Exceed Total: .:·._, ··-~

$ 36,862.33

NOTICE: Vendors are hereby notified this order Is part of a project solely funded by federal dollars with access to those funds endin!l Aprll30 2015. Anv orders delivered or Invoiced past that date may be cancelled at the sole discretion of the buyer.

By accepting lllis purchsS/1 order, vvndor scknowleclges paymonlwNI be made by fiscal agent

BY~J:q~;; within ten (10} days foHowing reca/pl of fund• from the state. Other payment terms do not apply.

Doug L McKJnney /)t6thorized Signature RECEIVED BY DATE Flsca I Agent

Bill To: North Central Regional Planning Commission, P.O. Box 565, Beloij, KS 67420 (785) 738-2218, Fax: (785)738-2185

F .L

Shawnee County DEPARTMENTOFHUMANRESOURCES

Shawnee County Courthouse 200 SE 7th Street, Ste. 8-28 Topeka, Kansas 66603-3932

Phone: (785) 251-4435 [email protected]

MEMORANDUM

TO:

FROM:

DATE:

RE:

Board of Shawnee County Commissioners ,_ o James M. Crowl, Interim Human Resources Director 9 · ~ June 15, 2015

Request for approval of Contract with CBIZ for a Compensation Study

Please place this item on the Thursday, June 18, 2015 Commission agenda.

Attached is a proposed contract with CBIZ to perform a Compensation Study for Shawnee County. The proposed contract does meet the requirements set forth in the RFP. The cost of the study is $63,400, and if approved, work on the study will begin immediately.

I recommend approval of the contract. If you have any questions, please do not hesitate to contact me at extension 4439.

c: Betty Greiner, Audit-Finance Director, Shawnee County

&'MA \YN£)~ COUNI,l I01nliAClr • c.~ a.~· 5

I SERVICES AGREEMENT

This Agreement made by and between Shawnee County, Kansas ("Client") and CBIZ Benefits & Insurance Services, Inc. d/b/a CBlZ Human Capital Services ("CBIZ"), who will provide for Client one or more of the services more fully described herein and as indicated below.

CBIZ will perfonn the following services effective June 15, 2015:

Compensation Consulting Services (Addendum A)

The Tenns of Agreement and all applicable Addendums are attached hereto. Client and CBIZ have read the Tenns of Agreement and all attached Addendums and agree to be bound by their tenns.

Client

Shawnee County, Kansas

By:. __________________ __

Title:. _________ _

Date: _________ _

CBIZ Benefits & Insurance Services, Inc.

By: f! Rff Title: !\."-,~'") l)ll'tJuc':, ~~-f:-'J\ Date: (,{ l)., ~Oil

Approved as to Legality and Form: Date t.- ~~- 1r

~tiL - . . :-·:. CO. COU~SELOR

Revised 512015

TERMS OF AGREEMENT

1. Services Provided by CBIZ. CBIZ will perform one or more of the services selected by Client and pursuant to the services outlined on Addendum A, attached hereto and made a part hereof. The specific services to be performed for Client shall be determined by CBIZ and Client and may be modified from time to time as agreed upon between the parties.

2. Relationship of the Parties. It is understood and agreed that this Agreement does not create any employer/employee, partner or joint venturer relationship between the parties. The parties agree that the relationship between CBIZ and Client shall be that of independent contractors. As an independent contractor, CBIZ shall have the right to determine the means and methods to be used in accomplishing and providing the services to be rendered hereunder, including but not limited to outsourcing one or more services contemplated herein. Each party shall be responsible for all · expenses involved in the execution of any services to be performed by them hereunder and shall also be responsible for all federal, state and local taxes that may be required to be paid by either party. The parties shall not have any express or implied rights or authority to assume or create any obligation or responsibility on behalf of or in the name of the other, except as may otherwise be set forth in this Agreement.

From time to time in the course of providing the services hereunder, CBIZ has and will continue to provide Client with independent industry data and information for Client and its management to materially utilize in making decisions related to Client's job descriptions and/or compensation structures. Client will be responsible for management decisions and functions, and for designating an individual who possesses suitable skill, knowledge, and/or experience, preferably within senior management, to oversee any services CBIZ may provide. Client is responsible for evaluating the adequacy and results of the services performed and accepting responsibility for the results of such services.

3. Requests oflnformation. Client acknowledges the importance of providing complete and accurate information to CBIZ prior to the effective date of any and all services provided hereunder. CBIZ, from time to time, will request certain information from Client, which is necessary to enable CBIZ to adequately perform its duties hereunder. Client shall, within fifteen ( 15) days of the mailing or hand delivery of such request, furnish CBIZ with all information requested. CBIZ, its officers, employees and agents shall not be liable for any damages, taxes, interest, penalties, or fines incurred by Client if all the requested information is not furnished within the time period set forth in this paragraph.

4. Reliance on Client Provided Information. All information supplied to CBIZ by Client shall be provided in writing or in such electronic media as is acceptable to the parties and such information shall be true and correct to the best of Client's belief and knowledge. CBIZ may rely on any such information furnished by authorized individual{s) of Client and shall have no responsibility to inquire into its correctness or accuracy. CBIZ shall incur no liability for reliance on such information in the performance of its services. If the information supplied proves to be incorrect, Client will, if applicable, pay CBIZ based upon then current hourly rates for the costs of all work to correct such information. Client shall use reasonable efforts to retain duplicate copies of information or material sent to CBIZ and for taking other precautions as it deems necessary in case such information or materials are lost or destroyed, regardless of cause, or in case information reprocessing is needed for any reason.

5. Limitation of Liability. CBIZ's services under this Agreement shall be limited to the services outlined on the Addendums attached hereto. CBIZ, its officers, employees and agents will not furnish any legal, tax or accounting advice for which its officers, employees or agents are not licensed to furnish but will direct such questions either directly to or through Client. Client bears responsibility to direct such questions to its legal counsel and accountant. CBIZ's liability shall be limited only to substantiated and proven direct damages. CBIZ shall not be liable for indirect, special or consequential damages arising out of any breach of this Agreement.

6. Prior Acts or Omissions. CBIZ shall not be liable for any acts or omissions with respect to the services provided hereunder, which were committed before the date of this Agreement by another third party provider. CBIZ shall also not be liable for any acts or omissions with respect to the services provided hereunder for the Plan which occur after this Agreement's termination, except for acts or omissions in connection with the transfer of records upon termination of this Agreement as provided in Section 14 of this Agreement.

7. Indemnification. Subject to the limitations stated in Section 6 above and notwithstanding any other provision to the contrary, each party to this Agreement (the "Indemnifying Party") agrees to indemnify and hold harmless the other

2 Revised 512015

party (the "Indemnified Party") and its officers, directors, employees, agents and affiliates from and against any and all loss, liabilities, demands, claims, actions and expenses (including, without limitation, any attorneys' fees and taxes) arising out of, or in connection with, any breach of the Indemnifying Party's responsibilities under this Agreement which are found to constitute gross negligence or willful misconduct. The provisions of this Section shall survive termination of this Agreement for a period not to exceed three (3) years from the date of termination of this Agreement, and shall be binding on the parties' successors and assigns.

8. Fees. The fees for CBIZ's services performed hereunder shall be outlined on Addendum B, attached hereto and made a part hereof

9. Confidentiality. CBIZ agrees not to disclose or use during or subsequent to termination of this Agreement, any confidential information relating to Client's business unless such use is required in the performance of this Agreement. The parties agree and understand that confidential information is any information that is treated as confidential by either party and/or has not been made generally available to the public. Such information shall include, but not be limited to, employee information, client and customer lists, data, records, computer programs, manuals, processes and methods that each party may have become privileged to during the course of this Agreement. All records and other materials related in any way to each party's business shall be and remain the respective party's property during and after the termination of this Agreement. Upon termination ofthe Agreement, each party shall promptly return to the other party all copies of materials involving confidential information in the other party's possession or control. The parties further agree and acknowledge that they will disclose the confidential information only to those directors, officers or employees that have an absolute need to know for the purposes of the Agreement. The provisions of this Section 10 shall survive the termination of this Agreement.

10. Authorization to Disclose Client Information. Client authorizes CBIZ to share Client information with other CBIZ affiliated companies for the limited purpose of providing other services for Client by a CBIZ affiliated company. Client further authorizes CBIZ to provide Client information to approved third party vendors who are providing services for Client; however CBIZ will not disseminate any information to any third party unrelated to CBIZ without Client's written authorization. Client agrees to indemnify and hold harmless CBIZ, its officers, directors, employees and agents against any loss, liabilities, demands, claims, actions and expenses arising out of or in connection with CBIZ providing information to any third party as authorized by Client and provided for in this Section.

11. Ownership of CBIZ Intellectual Propertv. CBIZ shall retain all rights, title to and interest in any and all intellectual property developed in connection with the provision of services and relationship contemplated by this Agreement. For purposes of this Agreement, intellectual property shall include, but not be limited to, computer software, source code and written processes and procedures.

12. Notice. Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and sent by registered mail, postage prepaid, addressed as follows:

CBIZ:

Client:

CBIZ Benefits & Insurance Services, Inc. 700 West 47th Street, Suite 1100 Kansas City, Missouri 64112 Attn: General Counsel

Shawnee County, Kansas 200 SE 7th Street Topeka, Kansas 66603

If any party gives written notice of a change in address, notice to that party shall thereafter be given at the new address set forth in the notice.

13. Term and Termination. This agreement is effective June 15, 2015, and will remain in effect until such time as the services provided hereunder have been completed. Either party may terminate this Agreement at any time with fifteen (15) days prior written notice. Upon termination, CBIZ shall be entitled to receive all ofthe fees due through the termination date plus reasonable costs related to termination, including without limitation costs of generating termination related reports and accounting. CBIZ shall have no responsibility to release any records, plan data, electronic files or other information to Client until CBIZ has received payment in full for any fees due and owing to CBIZ pursuant to this Section and Section 8 above.

3 Revised 5/2015

14. Amendment. The terms and provisions of this Agreement and the attached Addendums may be modified or amended only by written agreement executed by the parties hereto.

15. Waiver. No waiver of any breach of this Agreement shall constitute a waiver of any other breach, whether of the same or any other terms of this Agreement, nor shall any delay or omission of either party's exercise of any right arising from any default affect or impair the party's rights as to the same or future default.

16. Severability. In case any provision of this Agreement is invalid or unenforceable, the validity and enforceability of the Agreement's remaining provisions shall not in any way be affected or impaired.

17. Successor and Assigns. This Agreement and all Addendums shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. However, this Agreement shall not be assigned to any other party without the other party's written consent.

18. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Ohio, without regards to principles of conflicts of laws. Both parties to this Agreement hereby irrevocably submit to the jurisdiction of the courts of the state of Ohio (state or federal) over any dispute arising out of this Agreement and agree that all claims in respect of such dispute shall be determined in such court.

19. Entire Agreement. This Agreement and all attached Addendum(s) contain the entire understanding between the parties with respect to the subject matter herein and supersedes any prior or contemporaneous written or oral agreement between them related to the subject matter hereof. There are no representations, agreements, arrangements or understandings, oral or written, between the parties relating to the subject matter of this Agreement, which are not fully expressed herein.

20. Headings. The headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. All pronouns used in this Agreement shall be deemed to refer to the masculine, feminine or neuter gender as the context requires.

21. Counternarts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. ·

[Remainder of page intentionally blank]

4 Revised 5/2015

ADDENDUM A

COMPENSATION EVALUATION CONSULTING SERVICES SCOPE OF SERVICES

Step 1- Initiate Project (includes up to one full day of on-site meetings)

);> Conduct project kick-off meetings with the Board of County Commissioners and HR Team to:

- Discuss overall project goals and schedule.

- Work with the Client's Human Resources team and other key Client staff members to develop a proposed compensation philosophy that will serve as the foundation for compensation plan development and maintenance.

-Gain a deeper understanding of the compensation objectives, plans, time frames and culture of the Client.

- Discuss the various components of total compensation and the relative impact of this study.

Step 2- Collect and Reconcile Job Data

);> CBIZ provides Client with a data request letter detailing required information and data.

);> The Client submits to CBIZ all requested information and data.

- Data collected will relate to current pay practices and programs, specific details regarding the current pay determination process, current job descriptions, internal equity issues, etc.

);> CBIZ assesses the data in its entirety to ensure that all necessary information has been submitted and that there are no discrepancies. This step will ensure that the new compensation plan reflects current and accurate job titles and supporting documentation for each employee included in the plan.

- CBIZ reconciles submitted job descriptions with employee job titles to make sure that a job description for each employee is available.

- CBIZ notifies the Client of any submitted job descriptions for which there is no incumbent to determine. whether re-titling is needed, the job is unfilled or the job has been eliminated.

Step 3- Conduct Employee Orientation Sessions (includes up to one full day of on-site meetings)

);> CBIZ conducts an orientation session with department heads and other managers to discuss the project approach, possible effects of the study and the need for employee participation in the job analysis questionnaire process.

);> CBIZ conducts orientation sessions with all employees to educate them on the goals of the study and potential outcomes.

- CBIZ explains the reasons for the study and its goals during the orientation session in order to manage employee expectations and ensure long-term system success.

Step 4- Evaluate Job Documentation

);> It is important to understand how the jobs are currently performed so that they can be evaluated and compared to the market. In order to ensure job documentation is complete, up-to-date and accurate, CBIZ proposes to conduct the following steps:

- CBIZ reviews job documentation for each of the jobs being priced and determines documentation gaps that result in an incomplete understanding of the job in its various roles and settings. If necessary, CBIZ provides the Client with a job analysis questionnaire to collect additional information from employees and supervisors.

Step 5 - Revise Oassification Plan (includes one conference call meeting)

;... CBIZ assesses both the existing job descriptions and the completed JAQs to determine the duties, responsibilities and qualifications of each Client position.

);> CBIZ recommends revised departmental hierarchies and career paths that clarify employees' potential to develop within the Client. Career paths will be derived from discussions and documentation from the Client as well as best practices among similar municipalities.

);> Based on the duties performed by incumbents of each job, CBIZ proposes reclassifications.

- As part of this process, CBIZ will recommend areas for consolidation or separation of job titles and changes to titles. Doing so will clarify the revised classifications by providing job titles that are more representative of actual job duties and levels. CBIZ will submit recommended job description updates for any positions recommended for conso~dation or separation.

CBIZ may propose a revised titling structure that is aligned with the updated career ladders. The goal of the titling structure will be to enhance consistency across all Client departments.

);> CBIZ discusses the proposed reclassifications and title changes with appropriate Client staff to determine the impact to existing perceptions of hierarchy and internal equity, in general. Any changes resulting from the discussion are processed, and final classification recommendations are drafted.

Step 6 - Identify Relevant Labor Markets

);> The three most important labor market characteristics are the size of the· organization, geographic scope and industries from which an organization recruits talent. CBIZ will determine each characteristic as it relates to the Client before reviewing survey sources and conducting the market analysis.

1. Size of Organization: A key factor to be considered in determining the market-competitive compensation, particularly for senior level positions, is the size of the business. CBIZ will request the Client's most recent and projected operating budget, headcount and population served to ensure that organizational size is accurately reflected in the data utilized.

6 Revised 512015

2. Geographic Scope: Most hourly paid jobs such as clerical jobs are recruited locally. Professional jobs may be recruited state wide or regionally. Because individuals who work in senior management positions often relocate solely to accept a new job, national searches are commonly conducted for these positions. In contrast, hourly employees seldom relocate primarily on the basis of a job.

3. Industry Scope: Some jobs only exist within a certain industry and are most accurately priced to that industry exclusively. Conversely, some jobs are found in all organizations, and the true market for these jobs usually considers this broader market. Most clerical and trades jobs can be found in any organization. For the Client, CBIZ will consider municipal and county governments and the broader labor market, as appropriate.

Step 7- Administer Custom Compensation Survey

);> CBIZ conducts a survey of approved peer counties.

- Peer organizations are likely to be much more responsive to a shorter, more concise survey. While it is anticipated all or nearly all jobs will be included in the survey, the exact number of benchmark jobs will be determined by CBIZ and approved by the Client.

- CBIZ and the Client determine defensible, comparable entities to which the Client should be compared. It is anticipated that a group of up to twenty (20) entities will be selected.

- CBIZ distributes an online survey to the selected organizations to collect salary information for select benchmark jobs from the comparable entities. CBIZ analyzes the data and prepares a summary, which will be provided to the Client as well as participants. Individual participant data will not be disclosed.

Step 8 - Conduct External Market Analysis

);> In addition to the custom survey, CBIZ is available to also perform a published survey analysis to collect competitive base salary and benefits data for similar positions in comparable organizations paying employees to perform similar functions. The rationale for utilizing published survey data in conjunction with the custom survey results is that market data for jobs that exist in both the public and private sector will be better represented and a greater sample size may be achieved across all jobs.

- CBIZ will utilize a published survey database that automatically compiles 1,900 published surveys and all applicable government-related surveys in our in-house survey library as well as any surveys to which the Client subscribes.

);> CBIZ prices the Client's jobs to the market and recommends appropriate salary grade placement. The key to this step is comparing actual skills, duties and responsibilities to market data as opposed to merely matching job titles.

7 Revised 5/2015

Step 9 - Design or Update Salary Ranges

> Develop new market-based pay plans to help the Client maintain its competitive position, or update the salary ranges currently in place.

CBIZ anticipates developing a general pay plans and a police and fire pay plan. As appropriate, CBIZ and the Client may discuss the need for and pros and cons of creating unique, separate salary ranges for critical and/ or hard-to-fill technical and professional positions.

CBIZ and the Client will evaluate the appropriateness of step or open range salary ranges for general employees, based on market practices and organizational culture and philosophy.

> Finalize the draft market-competitive pay plans considering the Client's compensation philosophy and plans for future growth.

> Slot employees into salary ranges based upon their current position/ pay, placement in proposed career paths and the market-competitive data collected in Steps 7 and 8.

Step 10 - Analyze Financial Impact

> Compare the Client's current compensation practices to the market-competitive data collected in Steps 7 and 8 and the pay plans designed in Step 9.

> CBIZ identifies potential compression issues among employees. Equity-based adjustments may be recommended to further acknowledge employees' service to the Client and assist employees in moving through the salary range; these costs will be included in implementation costs analyses.

> CBIZ models the implementation costs. If the Client's budget does not allow for the recommended changes in a single year, CBIZ may design multiple year implementation strategies.

> CBIZ and the Client discuss and determine the optimal implementation strategy considering cost, culture and other issues.

Step 11 - Develop or Revise Compensation and Oassification Policies

> CBIZ reviews the Client's existing pay-related policies and procedures and makes recommendations for new or revised policies to assist in maintaining the Client's compensation system.

> Topics to be evaluated include annual compensation planning, pay increase recommendations, hiring pay, promotions, demotions, job classification/reclassification, assigning new jobs to the pay structure, policy exceptions, approvals and notifications, etc.

Step 12- Discuss Draft Recommendations and Internal Equity Adjustments (includes one on-site meeting)

> CBIZ drafts a written report documenting the methodology, findings and recommendations related to each key phase of the study.

8 Revised 512015

)> Conduct a meeting with appropriate Client staff to:

- Review the results of the job classification and market pay analyses,

- Discuss the draft salary structure,

Assess the internal equity of each job,

- Evaluate the financial impact cost analysis and implementation strategies for the compensation recommendations.

)> Make any necessary changes to the project deliverables resulting from the meeting (assumes one set of revisions).

Step 13 - Present Final Results (includes one on-site meeting)

)> Conduct a meeting with the Board of County Commissioners to review the overall compensation system design and final results of the project.

)> Issue project deliverables in hard copy and electronic format.

)> Following approval of the new compensation system, CBIZ conducts a training session with the Client's HR Team and other appropriate staff. CBIZ will review the system administration policies and procedures, maintenance of the system, ongoing support and other relevant topics in order to ensure consistent and independent administration of the plan.

- Provide "train the trainer" training to select Oient employees to ensure the new compensation plan will be successfully administrated and maintained.

CBIZ will suggest a timeline for training and communications to supervisors and employees. The purpose of training is to present the evaluation process and goals and to demonstrate the utility of the new forms. Ongoing communications will serve to notify staff of upcoming events (e.g., mid-year and annual reviews, time frames for supervisor and self-evaluations, etc.)

)> CBIZ prepares a communications piece for employees to review the project methodology and provide an overview of the study results and recommendations.

Step 14 - Ongoing Administration

)> CBIZ will provide the Client with salary increase and structure update factors for up to five (5) years. This ensures that the new compensation system remains competitive for years to come. No additional fees will be charged for the annual update factors. A sample of the annual update is provided at the end of this section.

)> CBIZ will also be available, for a fee, to market price and recommend salary grades for requested jobs on an as-needed basis.

9 Revised 512015

ADDENDUMB

FEE FOR SERVICES

CBIZ's professional fee structure is based upon standard hourly rates for consulting services. The fees for the services provided are not contingent upon the fmdings and results of the services provided but are based on the actual time spent on the project. Based upon our prior experience in conducting similar projects, CBIZ guarantees that total professional fees for the Compensation Study will not exceed Sixty-Jhree Thousand Four Hundred Dollars ($63,400.00).

CBIZ shall invoice Client each month for the progress payments, with any remaining balance due upon completion of the project. CBIZ will absorb any and all direct project expenses (travel expenses, lodging, airfare, overnight mail, mileage, etc.)

If the volume of work changes substantially due to change in scope the parties may need to discuss an adjustment in the professional fees documented herein. CBIZ does not anticipate that this will occur; however, CBIZ would discuss this with Client before proceeding and obtain Client's prior approval.

10 Revised 5/2015

1 Shawnee County

Information Technology Room 205, Courthouse

200 SE 7th Street Topeka, Kansas 66603-3933

Memorandum

DATE: June 15, 2015

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Annual service agreement with Alexander Open Systems, Inc ..

Please consider for approval a renewal of an annual service agreement with Alexander Open Systems for support of the EMC Storage Area Network arrays. These arrays provide disk drive storage capacity for many of the critical servers operating in the county network.

Funding for this purchase, $25,806.71, will be paid for by the Information Technology Department from funds in the 2015 budget.

It is requested that this issue be included as a consent agenda item for consideration by the Board of County Commissioners.

CPO/mro

fax 785-2.91-4.907 phone 785-.233-8200 ext. 4030

Alexander Open Systems, Inc.

Kansas City

12980 Foster #300

Overland Park, KS 66213

Phone: 913-307-2300 Fax: 913-307-2380

Wichita

Epic Center 301 N. Main #1850

Wichita, KS 67202 Phone: 316-269-1400

Fax: 316-269-1403

Topeka

900 Kansas Suite# 303

Topeka, KS 66612

Phone: 785-228-2727 Fax: 785-228-9677

Please visit www.aos5.com for a complete listing of all service areas

QUOTE TO:

ACCOUNTS PAYABLE SHAWNEE CO. INFORMATION TECH. 1515 NW SALINE SUITE 225 TOPEKA, KS 66618

Phone: (785) 233-8200

Fax: (785) 291-4965

Quote

Thank for the opportunity to be of service!

MFG PART NO. SERIAL NO.

EMC Contract# 63177406H

1.00 4GB 8-PORT FC SWITCH JAF1313XX66

1.00 4GB 8-PORT FC SWITCH JAF1312XWWW

1.00 CX4-120C SPE WITH SINGLE SPS APM00091500945

1.00 VAULT PACK 300GB 15K 4G DRIVES QTY 5

15.00 1000GB 7200RPM SATAII

2.00 4G DAE FACTORY OR FIELD INSTALL

10.00 300GB 15K4GB FC

1.00 4GB 8-PORT FC SWITCH JAF1312XWV7

8.00 4GB FC SW OPTIC

8.00 4GB 8-PORT FC OPTIC KIT

1.00 4GB 8-PORT FC SWITCH JAF1312XWVX

1.00 CX4-120C SPE WITH SINGLE SPS APM00091501151

1.00 VAULT PACK 300GB 15K 4G DRIVES QTY 5

2.00 4G DAE FACTORY OR FIELD INSTALL

15.00 1OOOGB 7200RPM SATA II

9.00 300GB 15K 4GB FC

EMC Contract# 63177406S

1.00 CX4-120 DOCS COMMON RTU & POWERPATH 05ETA0700118142

1.00 NAVI/UNI CX4-120 04RGAA020001904

1.00 CX4-120 DOCS COMMON RTU & POWERPATH 05ETA0700118187

1.00 NAVJ/UNI CX4-120 04RGAA020001903

~H~WNE! COUXD OONTRACT #'(!.a33-~0IC.. QUOTATION

Quote ~0113706 Customer ID: SHAWN-004

Date:: 4n/2015

Sales Rep: JEREMIAHN

Designer: KATEG

SHIP TO:

SHAWNEE CO. INFORMATION TECH. 1515NWSALINE SUITE 225 TOPEKA, KS 66618

EQUIPT LOCATION

200 SE 7TH STRM 205 07/01/2015 06/30/2016 160.00 160.00

200 SE 7TH STRM 205 07/01/2015 06/30/2016 160.00 160.00

200 SE 7TH STRM 205 07/01/2015 06/30/2016 973.20 973.20

200 SE 7TH STRM 205 07/01/2015 06/30/2016 1,008.00 1,008.00

200 SE 7TH STRM 205 07/01/2015 06/30/2016 347.99 5,219.85

200 SE 7TH STRM 205 07/01/2015 06/30/2016 590.00 1,180.00

200 SE 7TH STRM 205 07/01/2015 06/30/2016 324.99 3,249.90

200 SE 7TH STRM 205 07/01/2015 06/30/2016 160.00 160.00

200 SE 7TH STRM 205 07/01/2015 06/30/2016 0.00 0.00

200 SE 7TH STRM 205 07/01/2015 06/30/2016 0.00 0.00

200 SE 7TH STRM 205 07/01/2015 06/30/2016 160.00 160.00

200 SE 7TH STRM 205 07/01/2015 06/30/2016 973.20 973.20

200 SE 7TH STRM 205 07/01/2015 06/30/2016 1,008.00 1,008.00

200 SE 7TH STRM 205 07/01/2015 06/30/2016 590.00 1,180.00

200 SE 7TH STRM 205 07/01/2015 06/30/2016 347.99 5,219.85

200 SE 7TH STRM 205 07/01/2015 06/30/2016 324.99 2,924.91

$23,576.91

200 SE 7TH STRM 205 07/01/2015 06/30/2016 259.00 259.00

200 SE 7TH STRM 205 07/01/2015 06/30/2016 855.90 855.90

200 SE 7TH STRM 205 07/01/2015 06/30/2016 259.00 259.00

200 SE 7TH STRM 205 07/01/2015 06/30/2016 855.90 855.90

$2,229.80

Merchandise Total 25,806.71

Shipping 0.00

Document Total $25,806.71

I' L

SHAWNEE COUNTY, KANSAS

SHAWNEE COUNTY KANSAS MAY 31, 2015 FINANCIAL REPORT 2

$60,000,000

$50,000,000

$40,000,000

$30,000,000

$20,000,000

$10,000,000

$-

CATEGORY

Property Taxes

Other Taxes

Property Related Fees

Charges for Services

Misc. Revenue

TOTAL YEAR-TO-DATE REVENUE

YTD $50,244,653

YTD $50,244,653

$ 41,472,933

3,159,172

991,852

1,869,264

2,751,433

$ 50,244,653

$

$

BUDGET $50,275,536

PRIORYTD $51,159,005

BUDGET PRIORYTD YTD BUDGET $50,275,536 $51' 159,005 VARIANCE

41,173,131 $ 40,474,576 $ 299,802 $ 3,158,119 3,033,513 1,053

1,060,995 1,242,600 (69,143)

2,119,117 2,628,620 (249,853)

2,764,175 3,779,696 (12,742)

50,275,536 $ 51,159,005 $ (30,884) $

Misc. Revenue

• Charges for

Services

• Property Related Fees

• Other Taxes

• Property Taxes

MONTH PRIOR YTD

BUDGET VARIANCE

VARIANCE $ 998,357

125,658

(303,432) (250,748)

(133,040) (759,356)

81,350 (1,028,263)

(355,121) $ (914,352)


$50,000,000

$40,000,000

$30,000,000

$20,000,000

$10,000,000

$-

•

$4,000,000

$3,000,000

$2,000,000

$1,000,000

$-

•

$1,500,000

$1,000,000

$500,000

$-

•

PROPERTY TAXES

YTD BUDGET PRIORYTD

$41,472,933 $41,173,131 $40,474,576

OTHER TAXES

YTD BUDGET PRIORVTD

$3,159,172 $3,158,119 $3,033,513

PROPERTY RElATED FEES -------

YTD BUDGET PRIORYTD

$991,852 $1,060,995 $1,242,600


$3,000,000

$2,500,000

$2,000,000

$1,500,000

$1,000,000

$500,000

$-

•

$4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000

$500,000 $-

•

CHARGES FOR SERVICES

YTD BUDGET

$1,869,264 $2,119,117

ENUE

YTD BUDGET $2,751,433 $2,764,175

YEAR-TO-DATE REVENUE Charges for

Property Related Services Fees \ 4% \Misc. Revenue

2% \

Other Taxes

6%

PRIORYTD

$2,628,620

PRIOR YTD

$3,779,696

Property Taxes 83%

100%

90%

80%

70%

60%

50%

40%

30%

20%

10%

CATEGORY

PUBLIC SAFElY PUBLIC HEALTH ADMIN. SERVICES PUBLIC WORKS PARKS & REC DEBT SERVICE


TOTAL YEAR-TO-DATE EXPENDITURES

YTD $36,458,047

YTD $36,458,047

$ 16,478,633 $ 4,835,564 4,885,536 3,544,064 5,575,421

1 '138,829 $ 36,458,047 $

BUDGET $37,363,582

PRIOR YTD $36,870,691

BUDGET PRIOR YTD YTD BUDGET $37,844,417 $36,870,691 VARIANCE

16,890,933 $ 16,347,214 $ (412,300) $ 4,814,094 4,731,887 21 ,470 4,938,901 4,490,894 (53,365) 3,607,530 3,575,233 (63,466) 5,973,294 6,432,986 (397,874)

1 '138,829 1,292,477 37,363,582 $ 36,870,691 $ (905,535) $

• DEBT SERVICE

• PARKS & REC

• PUBLIC WORKS

• ADMIN. SERVICES

• PUBLIC HEALTH

• PUBLIC SAFETY

MONTH YTD VARIANCE

BUDGET TO PRIOR YTD

VARIANCE

(60,408) $ 131,419 30,511 103,677

(115,019) 394,642 (15,021) (31,169)

(1 05, 179) (857,565) (153,648)

(265,117) $ (412,644)

\


$20,000,000

$15,000,000

$10,000,000

$5,000,000

$-

$5,000,000

$4,000,000

$3,000,000

$2,000,000

$1,000,000

$-

$5,000,000

$4,000,000

$3,000,000

$2,000,000

$1,000,000

$-

PUBLIC SAFETY

2015 YTD 2014 YTD

$16,478,633 $16,347,214

PUBLIC HEALTH

2015 YTD 2014 YTD

$4,835,564 $4,731,887

ADMINISTRATIVE SERVICES

2015 YTD 2014 YTD

$4,885,536 $4,490,894

SHAWNEE COUNTY KANSAS MAY 31, 2015 FINANCIAL REPORT i 7

$4,000,000

$3,000,000

$2,000,000

$1,000,000

$-

$8,000,000

$6,000,000

$4,000,000

$2,000,000

$-

$1,500,000

$1,000,000

$500,000

$-

•

PUBLIC WORKS _,-----------

2015 YTD 2015 YTD BUDGET 2014 YTD

$3,544,064 $3,607,530 $3,575,233

PARKS, RECREATION & EXPOCENTRE

2015 YTD 2014 YTD

$5,575,421 $6,432,986

DEBT SERVICE

2015 YTD 2015 YTD BUDGET 2014 YTD

$1,138,829 $1,138,829 $1,292,477

' SHAWNEE COUNTY KANSAS MAY 31, 2015 FINANCIAL REPORT 8

$18,000,000

$16,000,000

$14,000,000

$12,000,000

$10,000,000

$8,000,000

$6,000,000

$4,000,000

$2,000,000

$-PUBLIC SAFETY

YEAR-TO-DATE EXPENDITURES

PUBLIC HEALTH

ADMIN . SERVICES

PUBLIC PARKS & REC

WORKS

YEAR-TO-DATE EXPENDITURES

DEBT SERVICE