las vegas metropolitan police department ......subconsultant costs, travel, lodging, meals and...

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LAS VEGAS METROPOLITAN POLICE DEPARTMENT

CONTRACT NO. 604647 CONTRACT FOR ARCHITECT SERVICES FOR THE RANGE HOUSE AT

THE REGIONAL TRAINING FACILITY FIREARMS RANGE

Company KGA Architecture

Address 9075 West Diablo Drive, Suite 300 Las Vegas, Nevada 89148

Telephone No. (702) 367-6900 FAX No. (702) 367-2043 Contact Rick Romito

Email [email protected]

DocuSign Envelope ID: EBB06C1F-AECF-475A-9EE9-EB814E044FF7

mailto:[email protected]

Contract No. 604647 Arch Srvs for Range House

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CONTRACT NO. 604647 ARCHITECT SERVICES FOR THE RANGE HOUSE

AT THE REGIONAL TRAINING FACILITY FIREARMS RANGE

This Contract is made and entered into this March 26, 2018, by and between Las Vegas Metropolitan Police Department (hereinafter referred to as “Owner”), a local government having its principal office located at 400B South Martin Luther King Boulevard, Las Vegas, Nevada 89106, and KGA Architecture (hereinafter referred to as Company), having its principal office located at 9075 West Diablo Drive, Suite 300, Las Vegas, Nevada 89148, for Architecture Services for the Range House at the Regional Training Facility Firearms Range (hereinafter referred to as “Project”).

W I T N E S S E T H:

WHEREAS, the Company is competent to perform the services and provide any associated goods described herein and desires to enter into this Contract with the Owner for the provision of such services and goods;

WHEREAS, the Company has the required licenses and/or authorizations pursuant to all federal, State of Nevada and local laws in order to conduct business relative to this Contract;

WHEREAS, the Company has the personnel and resources necessary to accomplish the Project within the required schedule and for the budgeted allowance amount of $611,000, including all fees for time and labor for salaries, overhead, materials, equipment, licenses, direct non-salary expenses incurred by the Company, including subconsultant costs, travel, lodging, meals and miscellaneous expenses.

NOW THEREFORE, in consideration of the mutual promises hereinafter given, it is mutually agreed by and between the Company and the Owner as follows:

SECTION A – CONTRACT FORM

The subject matter of this Contract is the architect services.

SECTION B – BASIC TERMS B-1 DEFINITIONS

The following definitions apply to this Contract:

Amendment

A written document/Purchase Order from the LVMPD Purchasing Unit directing immediate changes in the Services and any Goods for which a change to the Contract Term, Scope, and/or Contract Amount may be required after award.

Award Date

The date that a Contract becomes effective, after the Contract has been approved by the Owner. It is the date that is entered into the first paragraph of a Contract upon execution by an authorized representative of the Owner.

Chief Financial Officer The LVMPD Chief Financial Officer.

Company The individual, partnership or corporation that is the most qualified Proposer who is awarded a Contract by the Owner and is responsible for the performance of services under the Contract.

Company Representative The individual authorized to act on behalf of the Company regarding



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routine matters arising under or relating to this Contract.

Contract This document, which represents the written agreement between the parties, consisting of Sections A through F, which is binding and effective only upon execution by the Owner.

Contract Documents

The following documents which collectively constitute the obligations of the Company, in the following governing order: (1) this Contract and the attachments hereto; (2) the Request for Proposals (RFP) No. 604647 and any addenda thereto; and (3) the Company’s proposal in response to the RFP, including its Best and Final offer or clarifications (if any).

Day Except as otherwise specified, “Day” will mean calendar day.

Deliverable Any report, software, hardware, data, documentation, presentation, or any other tangible item that the Company is required to provide the Owner under the terms of a Contract.

Final Acceptance Project completion and the warranty start date, after LVMPD has signed off as the Project is 100% complete and final payment is authorized.

Fiscal Affairs Committee (FAC)

The Governing Body that is the approving authority for fiscal matters of the Las Vegas Metropolitan Police Department.

Goods Has the same definition as given under Article 2 of the Uniform Commercial Code (NRS Chapters 104 and 104A), and substitutes for common usage terms such as “materials”, “Goods”, “equipment”, “products”, and “supplies”.

Governing Body Las Vegas Metropolitan Police Department Fiscal Affairs Committee (FAC) in which the general legislative and fiscal powers of the local government are vested.

Manufacturer’s Published Price List(s)

The price list(s) published by a manufacturer for their line of products or provided by a company for distribution which contains the MSRPs of the offered product line(s).

Manufacturer’s Suggested Retail Price (MSRP)

The price of a product which the manufacturer recommends that the retailer sell the product, before any discount(s).

Non-exclusive Contract A contract under which the Owner agrees to obtain some, but not necessarily all, of the Owner’s requirements for a particular service.

Notice of Award A letter issued by the Owner notifying the Successful Proposer of the award of the Contract by the FAC or Finance.

Owner Las Vegas Metropolitan Police Department (LVMPD)

Proposal Submittal Package of information submitted by a Proposer which is in response to information which was required by the Owner and specified in the RFP Document, bid security (if required), and any/all required attachments.



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Prospective Proposer An individual or firm who has received a copy of the RFP Document.

Purchasing Representative

Individual designated in the RFP Document as the Owner’s point of contact to whom all inquiries should be addressed, beginning with the issuance of the RFP Document and ending with an award of a Contract, or the withdrawal of the RFP, if no Contract is awarded.

Project A collaborative effort that is carefully planned to achieve a particular goal, accomplishing particular tasks under time constraints.

Project Manager

Individual designated in the Contract as the Owner’s point of contact after the award of the Contract, who is responsible for the supervision, direction, control and approval of the work of the Company regarding routine matters of the Contract.

Request for Proposal (RFP) A competitive solicitation by Owner to procure Services and any Goods in accordance with Nevada Revised Statutes (NRS) Chapter 332.

Scope of Work (SOW) The written descriptions (specifications) of the requirements for the Goods/services required and incorporated as a part of the Contract.

B-2 CONTRACT TYPE

The Contract type is a firm-fixed price. This is a Non-exclusive Contract.

B-3 COMPENSATION

(a) FEE SCHEDULE The Company will invoice the Owner in accordance with the payment, tasks and deliverables schedule specified in attached Exhibit B, Fee Schedule. The Owner’s obligation to pay Company cannot exceed the specified amount(s). It is expressly understood that the entire work defined in Exhibit A must be completed by the Company and it shall be the Company's responsibility to ensure that hours and tasks are properly budgeted so the entire project is completed for the specified amount(s).

B-4 INVOICES

(a) The Company shall submit an invoice to the Owner in accordance with the payment schedule set forth in Paragraph B-3 (Compensation) above and must be accompanied by backup material. The Company shall furnish monthly invoices on or about the first day of each month. The Owner shall pay the invoiced amount net 30 Days after the date of receipt of a correct invoice. Company understands and agrees that net 30 Days in this case means that the check is cut at the Owner the first business day after thirty (30) Days after the invoice date, and additional days must be allowed for mailing. All invoices should identify the following items:

1. Owner contract number and contract name;2. The date of the invoice;3. Company’s invoice number;4. Company name;5. Complete address (including street, city, state and zip code);6. Telephone number;7. Contact person;



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8. Itemized description of services performed and/or products delivered (including quantities) orservices rendered (including performance dates covered), referencing the contract item in attachedExhibit B (Fee Schedule);

9. Itemized pricing and total amount due (excluding Sales and Use Tax); Rate for Service Provided10. Date of Service11. The associated Owner purchase order number;12. Company’s tax identification number;13. Owner contract number

Owner shall subtract from any payment made to Company all damages, costs and expenses caused by Company's negligence, resulting from or arising out of errors or omissions in Company's work products, which have not been previously paid to Company.

Upon reconciliation of all errors, corrections, credits, and disputes, payment to the Company will be made in full within net 30 Days as specified above. Invoices received without a valid purchase order number will be returned unpaid. The Company shall submit an original invoice to:

Las Vegas Metropolitan Police Department ATTN: Accounts Payable 400B South Martin Luther King Boulevard Las Vegas, Nevada 89106

(b) A representative of the Company shall sign and certify the invoice in the following manner: “I hereby certify, under penalty of perjury, that the above invoice is just and correct and that reimbursement for such expenses listed on this invoice has not been previously received from the Owner nor any other source.”

(c) The Company shall forward a copy of the original invoice to the Owner’s Project Manager identified in Paragraph D-2 (Project Manager / Company Representative).

(d) Upon termination of this Contract, the Company shall submit a statement summarizing previous billings rendered and payments received and providing any other information necessary for contract close out. Within 30 Days after receipt thereof, the Owner shall pay the Company all amounts due.

(e) The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment made by the Owner to the Company to such extent as may be necessary to protect the Owner from loss or damage, or to compensate the Owner, caused by, resulting from or arising out of, including but not limited to, any failure to perform Services in accordance with this Contract.

(f) With respect to the unpaid amount of any undisputed invoice not paid in full as specified herein, no penalty may be charged by Company to Owner.

B-5 CONTRACT TERM

(a) NOTICE TO PROCEED The parties to this Contract understand and agree that execution of this Contract by the Owner is not a Notice-To-Proceed with the Scope of Work of this Contract. A Notice-To-Proceed will be given by the Owner to the Company after receipt and approval of all insurance requirements specified in this Contract or equivalent protection.

(b) TERM The contract term period is from date of award for 180 calendar days, unless extended through mutual written agreement by both parties.

If the Company’s performance of services is delayed or if the Company’s sequence of tasks is changed (and was not at the request of the Owner), Company shall notify the Owner’s Project Manager in writing of the



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reasons for the delay and prepare a revised schedule for performance of services. The revised schedule is subject to the Owner’s written approval.

(c) CONTRACT EXTENSION Owner reserves the option to temporarily extend this Contract for periods up to 90 calendar days from its expiration date for any reason.

SECTION C – SCOPE OF WORK

C-1 SCOPE OF WORK

The Company shall provide the materials, equipment, products and labor to accomplish, produce and deliver the products and perform the services specified in Exhibit A (Scope of Work). The Company shall not provide services beyond the scope of this Contract unless those services and compensation for those services have been defined in an approved amendment to this Contract.

SECTION D – SPECIAL CONDITIONS

D-1 LEGAL NOTICE

(a) All legal notices required pursuant to the terms and conditions of this Contract shall be in writing, unless an emergency situation dictates otherwise. Any notice required to be given under the terms of this Contract shall be deemed to have been given when:

(i) received by the party to whom it is directed by hand delivery or personal service, or

(ii) transmitted by facsimile with confirmation of transmission, or

(iii) transmitted by electronic signature process with Certificate of Completion, or

(iv) sent by U.S. mail via certified mail-return receipt requested at the following addresses:

FOR THE OWNER: Las Vegas Metropolitan Police Department Attn: Manager, Purchasing Unit 400B South Martin Luther King Boulevard Las Vegas, Nevada 89106

FOR THE COMPANY: KGA Architecture Attn: Rick Romito, Partner 9075 West Diablo Drive, Suite 300 Las Vegas, Nevada 89148

(b) The parties shall provide written notification of any change in the information stated above.

(c) An original signed copy, via U. S. Mail, shall follow facsimile transmissions.

(d) For purposes of this Contract, legal notice shall be required for all matters involving potential termination actions, litigation, indemnification, and unresolved disputes. This does not preclude legal notice for any other actions having a material impact on the Contract.

(e) Routine correspondence should be directed to the Project Manager or the Company Representative, as appropriate.

D-2 OWNER’S PROJECT MANAGER / COMPANY REPRESENTATIVE



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The Owner designates Ken Thomas as the Project Manager for this Contract. The Owner will provide written notice to the Company, should there be a delegation of any or all responsibilities to appropriate staff members or a subsequent Project Manager change, along with the effective date. The Project Manager will be the Company’s principal point of contact at the Owner regarding any matters relating to this Contract, will provide all general direction to the Company regarding Contract performance, review the services performed for compliance with the terms of this Contract, and will provide guidance regarding the Owner’s goals and policies. The Project Manager is not authorized to waive or modify any material scope of work changes or terms of the Contract. The Owner agrees that its officers and employees and consultants will cooperate with Company in the performance of services under this Contract and will be available for consultation with Company at reasonable times with advance notice as to not conflict with other responsibilities. The Company designates Rick Romito as the Company Representative for this Contract. The Company will provide written notice to the Owner, should there be a subsequent Company Representative change. All of the services specified by this Contract shall be performed by the Company Representative, or by the Company’s associates and employees under the personal supervision of the Company Representative. The Owner has the right to assume that the Company Representative has full authority to act for the Company on all matters arising under or relating to this Contract. Should the Company Representative of the Company be unable to complete their responsibility for any reason, the Company shall replace him or her or them with a qualified person or subconsultant with the Owner's approval. If Company fails to make a required replacement within 30 Days, Owner may terminate this Contract for default.

D-3 SECURITY

All Successful Bidder’s employees working on this Contract may be subject to Owner background checks and the collection of fingerprints. Anyone with a background history showing a conviction for a felony, theft history of any kind, sex offense history, or any crime involving moral turpitude, illegal drug or narcotics use, sale or possession, or anyone showing a felony charge pending, or who has any outstanding warrants of any type, including misdemeanor traffic or felony warrants, may be subject to arrest, and will not be allowed to work under this Contract.

Successful Bidder shall be responsible for all personnel engaged in the work to ensure that said personnel comply with all security requirements imposed by Owner. It shall be Successful Bidder’s responsibility to ensure that all equipment and workmen do not enter LVMPD facilities except as required during the progress of the work. Successful Bidder shall follow the directions given by Owner concerning the security policies, procedures, rules, regulations and methods of access and any other restrictions applicable to work within LVMPD facilities, or with LVMPD data and information.

(a) Listing of Personnel

Within five calendar days after written notification of award and before the Contract start date, Successful Bidder shall provide Owner’s Project Manager with the name, title, telephone number, and email of the Successful Bidder’s point of contact and a list of all personnel information who will be working on the Contract, including but not limited to, name, date of birth, social security number for each Owner, employee, officer or agent of the company.

(b) LVMPD Background Investigations, Fingerprinting and/or Contract Badges

For projects requiring Successful Bidder(s) employees to obtain access to any LVMPD facilities (or database information), fingerprints will be required for NCIC background checks for all persons on the Successful Bidder’s List of Personnel who will be working on the LVMPD Contract, including Company Owner and all designated representative(s). Anyone with a background history showing a conviction for a felony, theft history of any kind, sex offense history, or any crime involving moral turpitude, illegal drug or narcotics use, sale or possession, or anyone showing a felony charge pending, or who has any outstanding warrants of any type, including misdemeanor traffic or felony warrants may be denied entry into LVMPD facilities.

Successful Bidder’s designated representative or Company Owner shall personally obtain LVMPD non-gaming work card applications for each named employee.

Successful Bidder(s) shall have each employee report to the LVMPD Fingerprint facility for the background investigations, taking of fingerprints and the issuance of LVMPD Contract Badge. The



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LVMPD Fingerprint facility can be reached at telephone number (702) 828-3271 and is located at 400 S. Martin Luther King Blvd, Bldg. C, 1st Floor, Las Vegas, NV 89106. Fingerprints and photos will be taken and submitted to the Nevada State Repository and to the FBI. While the LVMPD waives the fee for the background checks of the Successful Bidder’s representatives, Successful Bidder will be responsible for the cost (currently $36.25) required by the FBI for fingerprints (which the LVMPD will collect on the FBI’s behalf). Successful Bidder must be aware that cost may be adjusted over the term of the contract and any renewal period(s). LVMPD Contract Badge is valid for only one year from date of issue. Personnel must report to the LVMPD Fingerprint facility for a background investigation and issuance of a new Contract Badge annually. Background checks must be completed each year, but fingerprints are only taken at the original time the representative obtains the LVMPD Contract Badge and every 5 years thereafter. If the Successful Bidder is out-of-town, and required to have fingerprints processed in their own state/jurisdiction in order to provide the services per this Contract, the Successful Bidder is responsible for payment of those charges, plus the FBI fee charged pursuant to LVMPD submitting their fingerprints. Personnel will not be allowed entry into a LVMPD facility with an expired Contract Badge.

If unescorted access is required, each employee issued a LVMPD Contract Badge must then report to the LVMPD Facilities Section at 3141 Sunrise Ave, telephone number (702) 828-3380 to obtain necessary building access cards.

LVMPD Contract Badge and access cards remain the property of LVMPD. Each is separately issued to an individual and cannot be shared or transferred. Misuse of identification and access cards may be cause for termination and Contract cancellation.

Failure to follow this procedure may result in termination of this Contract.

(c) Removal or Addition of Employee

(d) Successful Bidder agrees to work closely with Owner to ensure use of acceptable personnel. Owner reserves the right to request removal of any Successful Bidder’s employee for any reason or no reason, should such action be considered necessary to the best interests of the Owner. Successful Bidder is permitted to add/replace personnel only after Owner is provided written notice and compliance with provisions in the General Conditions.

(e) Backup Staff

The Successful Bidder shall provide sufficient backup staff to cover absenteeism or extend existing work force hours to compensate absent staff. The backup staff shall adhere to the same background and security screenings as regular staff. The Owner reserves the right to request additional backup staff if deemed necessary.

(f) Enforcement of Lock-Door Policy

All locked doors are to remain locked at all times and Successful Bidder’s employees are not allowed to open any doors for anyone.

D-4 LOGO, ARTWORK AND COPYRIGHT USE

Logo, artwork and copyright use owned by LVMPD. Any logo, artwork and copyright owned by LVMPD may only be used in association and within the scope requirements of its use pursuant to this Contract (and such use by the Successful Bidder shall be subject to the prior approval of LVMPD), but not for any other purpose, unless written approval is given by the LVMPD.

D-5 WARRANTY

(a) SERVICES The Company confirms that the services shall be performed in full conformity with this Contract, with the professional skill and care that would be exercised by those who perform similar services in the commercial marketplace, and in accordance with accepted industry practice. In the event of non-performance and/or failure of the Company to perform the services in accordance with this Contract, the Company shall, at no



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cost to the Owner, re-perform or perform the services so that the services conform to the contract. No warranty of Professional Services is hereby expressed or implied.

(b) PRODUCTS The Company shall guarantee all workmanship, materials and equipment it has furnished for a period of one year after final acceptance of the equipment and/or materials, unless manufacturer’s warranty provides a longer guarantee in which case the longer warranty will apply; and, if during the guarantee period, any defect or faulty materials are found, it shall immediately, upon notification by the Owner, proceed at its own expense to replace and repair same, together with any damage to all finishes, fixtures, equipment and furnishings that may be damaged as a result of this defective equipment or workmanship.

(c) WARRANTY ADMINISTRATION In the event of any action by the Owner to recover damages for breach of all warranties, the Company agrees to pay the Owner for such damages and the costs associated with such action, including reasonable attorneys' fees.

In the event any materials or equipment supplied hereunder are covered by warranties of the manufacturer or supplier other than the Company, then copies of such warranties must be furnished to the Owner at the time of delivery and, if required by the Owner, Company will assign such warranties to the Owner. Delivery or assignment of such manufacturer's or suppliers' warranties shall in no event relieve Company of any of its obligations.

No disclaimer of liability, limitations on time of warranty, limitations on scope of warranty, or limitations on damages inconsistent with the warranties contained herein shall be effective for any purpose. No warranty contained herein nor otherwise given shall be construed to limit any other remedy available to the Owner by law nor to limit the time in which such other remedy may be sought.

D-6 INTELLECTUAL PROPERTY RIGHTS

All deliverables produced under this Contract, as well as all data, notes, and documentation collected on behalf of the Owner are exclusively the property of the Owner. All materials, information, artwork, electronic design files, and documents, whether finished, unfinished, or draft, developed, prepared, completed, or acquired by Company relating to the services to be performed for this Contract and not otherwise used or useful in connection with services previously rendered or services to be rendered by Company to parties other than Owner shall become the property of Owner and shall be delivered to Owner’s representative upon completion of each task, completion or termination of this Contract, whichever occurs first. Company shall not be liable for damages, claims, and losses arising out of any reuse of any work products on any other project conducted by Owner. Owner shall have the right to reproduce all documentation supplied pursuant to this Contract.

The Company shall not be liable for damages, claims or losses arising out of any reuse of any management methods or procedures, materials, information, products, work, documents, drawings, maps, plans, specifications, reports or other data or material as specified herein on this (in the event of termination) or any other project without the Company’s prior written permission.

D-7 LICENSES / REGISTRATIONS

During the entire performance period of this Contract, the Company shall maintain all federal, state, and local licenses, certifications and registrations applicable to the work performed under this Contract, including maintaining an active applicable business license.

D-8 REVIEW COMMENTS

The services performed by Company under this Contract shall be subject to periodic review by the Owner’s Project Manager. The Owner’s Project Manager may delegate any or all of the its responsibilities under this



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Contract to appropriate staff members, and shall so inform Company by written notice before the effective date of each delegation. The review comments of Owner’s Project Manager or authorized representative(s) may be reported in writing as needed to Company. It is understood that Owner’s Project Manager or its authorized representative’s review comments do not relieve Company from the responsibility for the professional and technical accuracy of all work delivered under this Contract. The comments of the Owner’s Project Manager or authorized representative may be reported to Company by the Owner's Project Manager. It is understood that the comments made by Owner’s Project Manager do not relieve Company from the responsibility for the professional quality of all work delivered under this Contract. To prevent an unreasonable delay in the Company's work, the Owner’s Project Manager will endeavor to examine all reports and other documents and will render decisions and advise the Company in a timely manner to avoid unreasonable delay.

D-9 DATA AVAILABLE

(a) Owner shall, without charge, furnish to or make available for examination or use by Company as it may request, any data which Owner has available, including as examples only and not as a limitation:

(i) Copies of reports, surveys, records, and other pertinent documents. (ii) Copies of previously prepared reports, job specifications, surveys, records, ordinances, codes,

regulations, other documents, and information related to the services specified by this Contract.

(b) Owner shall assist Company in obtaining data on documents from public officers or agencies, and from private citizens and business firms, whenever such material is necessary for the completion of the services specified by this Contract. (c) Company will not be responsible for accuracy of information or data supplied by Owner or other sources to the extent such information or data would be relied upon by a reasonably prudent Company.

(d) The Company shall return any original data provided by the Owner.

D-10 LIQUIDATED DAMAGES

Company acknowledges that the Owner is damaged when Company fails to perform services or supply proof of insurance or performance bond, if applicable, according to the requirements detailed in Exhibit A (Scope of Work). Time is of the essence for this Contract and Company acknowledges that the Owner is damaged when the Company fails to complete the work within the time specified in the Contract, or with such additional time as may be granted by formal Amendment. Damages include, but are not limited to damage to the Owner reputation and perception in the community and Owner costs to provide replacement services. (a) For non-performance or non-timely performance of requirements, as detailed in Exhibit A, Scope of Work, Company shall pay to the Owner $100 in liquidated damages per Day, per documented incident, together with any other increased costs incurred by the Owner in completing the work. (b) For non-performance or non-timely performance of the Owner Insurance requirements, as detailed in Exhibit C (Insurance Requirements) of this Contract, Company shall pay to the Owner $100 in liquidated damages per Day for per delayed submission of current documents, together with any other increased costs incurred by the Owner in obtaining any additional insurance. (c) The Owner shall notify Company in writing of non-performance or non-timely performances and shall reasonably document all claims for liquidated damages.

D-11 SURVIVAL

The terms and conditions of this Contract regarding confidentiality, payment, warranties, liability and all others that by their sense and context are intended to survive the execution, delivery, performance, termination or expiration of this Contract survive and continue in effect.



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D-12 ORDER OF PRECEDENCE

In the event of a conflict between the specific language set forth in Sections B through E of this Contract and any Attachment or Exhibit set forth in Section F, the specific language in Sections B through E shall prevail. Any exception to this order of precedence will be addressed through specific language elsewhere in Sections B through E.

In the event of a conflict between the Contract and or the Contract Documents the following order of preference shall Prevail: (1) this Contract and the attachments thereto; (2) Request for Proposals (RFP) No. 604647 and any addenda thereto; and (3) the Company’s proposal in response to RFP No. 604647, including its best and final offer or clarifications, if any.

SECTION E – GENERAL PROVISIONS

E-1 DISPUTES

(a) For each claim or dispute arising between the parties under this Contract, the parties shall attempt to resolve the matter through escalating levels of management.

i. Initial Actions The parties shall first attempt to resolve the dispute informally in meetings orcommunications between the Company’s’ Project Manager and the Owner’s Project Manager. If the dispute remains unresolved 15 Days after it first arises, the Company may request that the Owner’s Project Manager issue a recommended decision on the matter in dispute. The Owner’s Project Manager shall issue the recommended decision in writing and provide a copy to the Company.

ii. Decisions The recommended decision of the Owner’s Project Manager shall become finalunless, within 15 Days of receipt of such recommended decision, the Company submits a written request for review to the Owner’s Purchasing Manager. In connection with any such review, the Company and the Owner’s Project Manager shall be afforded an opportunity to be heard and to offer evidence on the issues presented.

iii. Further Resolution If the dispute remains unresolved after review by the Owner’s PurchasingManager, either party may seek resolution through referral to non-binding mediation.

iv. Requirement to Proceed Pending final resolution of a dispute under this section, theCompany shall proceed diligently with performance in accordance with the Contract and the Project Manager’s recommended decision, without prejudice to its position in the dispute.

v. Alternatives If agreed upon by the parties, disputes may be resolved by an alternativedisputes resolution process, including commercial arbitration under the Nevada Arbitration Association or the American Arbitration Association under its then current Commercial Arbitration Rules, Expedited Procedures or fact finding.

(b) The laws of the State of Nevada shall govern this Contract and the venue for purposes of litigation or arbitration shall be in a competent jurisdiction in Clark County, Nevada. If litigation is required as a result of this Contract, the prevailing party will be entitled to its reasonable costs and attorney fees.

(c) If during the term of this Contract, there are any changes or new laws, ordinances, statutes, rules or regulations not known or foreseeable at the time of signing this Contract which become effective and which affect the cost or time of performance of the Contract, the Company shall immediately notify the Owner in writing and submit detailed documentation of such effect in terms of both time and cost of performing the Contract. The Owner shall review the cost impact of such changes, and make an equitable adjustment in compensation for an increase or decrease in time, labor, materials and fees. If any discrepancy or inconsistency shall be discovered between this Contract and any law, ordinance, regulation, order or decree,



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Company shall immediately report the same in writing to Owner who will issue such instructions as may be necessary.

(d) In accordance with NRS 338.155, the prevailing party in an action to enforce the contract is entitled to reasonable attorney’s fees and costs.

E-2 NOTICE OF DELAY

Should the timely performance of this Contract be jeopardized by the non-availability of Owner provided personnel, data, or equipment, the Company immediately shall notify the Owner in writing of the facts and circumstances that are contributing to such delay however, such notice shall not relieve the Company from any existing obligations regarding performance or delivery.

Upon receipt of this notification, the Owner will advise the Company in writing of the action which will be taken to remedy the situation.

E-3 SUSPENSION

Owner may suspend performance by Company under this Contract for such period of time as Owner, at its sole discretion, may prescribe by providing written notice to Company at least 10 Days prior to the date on which Owner wishes to suspend. Upon such suspension, Owner shall pay Company its compensation, based on the percentage of the Project completed and earned until the effective date of suspension, less all previous payments. Company shall not perform further work under this Contract after the effective date of suspension until receipt of written notice from Owner to resume performance.

In the event Owner suspends performance by Company for any cause other than the error or omission of the Company, for an aggregate period in excess of 30 Days, Company shall be entitled to an equitable adjustment of the compensation payable to Company under this Contract to reimburse Company for additional costs occasioned as a result of such suspension of performance by Owner based on appropriated funds and approval by the Owner.

E-4 TERMINATION FOR CONVENIENCE

The Owner shall have the right at any time to terminate further performance of this Contract, in whole or in part, for any reason whatsoever (including no reason) whenever the Owner determines that such termination is in the best interest of the Owner. Any such termination shall be effected by delivery to the Company of a written notice of termination, not less than 10 Days in advance, specifying the extent to which performance of work under this Contract is terminated and the date upon which such termination becomes effective. Except as otherwise provided, settlement of claims by the Company or recoveries by the Owner under this termination for convenience clause shall be in accordance with the legal rights and liabilities of the parties to said Contract.

After receipt of a notice of termination, and except as otherwise directed by the Owner, the Company shall:

(a) Stop work under said Contract on the date and to the extent specified in the notice of termination;

(b) Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under said Contract as is not terminated;

(c) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination;

(d) Assign to the Owner in the manner, at the times, and to the extent directed by the Owner, all of the rights, title, and interest of the Company under the orders and subcontracts so terminated, in which case the Owner shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts;



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(e) Settle all outstanding liabilities and all claims arising out of such termination of orders and

subcontracts to the extent the Owner may require;

(f) Transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Owner the fabricated or un-fabricated parts, work in process, or completed work, supplies, equipment, documents, deliverables, information and other materials produced as a part of, or acquired in connection with their performance of, the work terminated, and the completed or partially completed plans, drawings, information and other property which, if said Contract had been completed, would have been required to be furnished to the Owner, as specified in Section D-5 (Intellectual Property Rights);

(g) Use its best efforts to sell, in the manner, at the times, to the extent, and at the price(s) directed or

authorized by the Owner, any property of the types referred to above; provided, however, that the Company shall not be required to extend credit to any purchaser, and may acquire any such property under the conditions prescribed by and at a price(s) approved by the Owner, and provided further that the proceeds of any such transfer or disposition shall be applied in the reduction of any payments to be made by the Owner to the Company under said Contract or shall otherwise be credited to the price or cost of the work covered by said contract or paid in such other manner as the Owner may direct;

(h) Complete performance of such part of the work as shall not have been terminated by the notice of

termination;

(i) Take such action as may be necessary, or as the Owner may direct, for the protection or preservation of the property related to said contract which is in the possession of the Company and in which the Owner has or may acquire an interest; and

(j) Shall submit a written request for incurred costs for services performed through the date of

termination, and shall provide any substantiating documentation requested by the Owner. In the event of such termination, the Owner agrees to pay the Company within 30 Days after receipt of a correct, adequately documented written request approved by the Owner. The Owner’s sole liability under this section is for payment of the costs for the services contracted by the Owner and actually performed by the Company, but no amount shall be allowed for anticipated profit on unperformed services or other work.

E-5 TERMINATION FOR DEFAULT

(a) The Owner may, by written notice of default to the Company, terminate this Contract in whole or in part if the Company fails to:

(i) Perform the services under Section C (Scope of Work), including, if applicable, delivering any required software, goods, or documentation within the time specified in this Contract or any extension; (ii) Make progress, so as to endanger performance of this Contract; or

(iii) Perform any of the other provisions of this Contract.

(b) The Owner’s right to terminate this Contract under (a)(ii) and (a)(iii) above, may be exercised if the Company does not cure such failure within 10 Days (or more if authorized by the Owner) after notice, specifying the failure, is provided pursuant to the Paragraph D-1 (Legal Notice) of this Contract. (c) If Contract is terminated in whole or in part for default, the Owner may procure, upon such terms and in such manner as the Owner may deem appropriate similar to that so terminated. The Company shall be liable to the Owner for costs associated with the termination of this Contract, the procurement of replacement services by the Owner, any excess costs of such similar supplies or services, and any increase in the total



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agreement costs or the hourly rate as a result of the re-procurement of services from the date of termination to the expiration date of the original Contract, and shall continue the performance of said contract to the extent not terminated under the provisions of this clause.

(d) Either party may terminate this Contract, in whole or in part, if the other party becomes insolvent or bankrupt or makes an assignment for the benefit or creditors, or if a receiver or trustee in bankruptcy is appointed for the other party, or if any proceeding in bankruptcy, receivership, or liquidation is instituted against the other party and is not dismissed within 30 Days following commencement thereof.

(e) The Owner retains the right to terminate for default immediately should the Company fail to maintain the required levels of insurance, fail to comply with applicable local, state, and Federal statutes governing performance of these services, or fail to comply with statutes involving health or safety.

(f) If, after termination for failure of the Company to fulfill contractual obligations, it is determined that the Consultant has not so failed, the termination shall be deemed to have been effected for the convenience of the Owner.

(g) Owner reserves the right to cancel the Contract upon 30 Days' written notice with good cause.

(h) The Owner’s sole liability under this section is for payment of the costs for the services contracted by the Owner and actually performed by the Company, but no amount shall be allowed for anticipated profit on unperformed services or other work.

(i) The rights and remedies of the Owner and the Company provided in this section are in addition to any other rights and remedies provided by law or under this Contract.

(j) In the event the Company ceases to conduct business, the Owner shall have the right to make an unsolicited offer of employment to any employees of the Company assigned to the performance of this Contract.

E-6 CANCELLATION OF CONTRACT

In any of the following cases, the Owner shall have the right to cancel this Contract without expense to the Owner:

(a) The Company is guilty of misrepresentation;

(b) This Contract is obtained by fraud, collusion, conspiracy, or other unlawful means; or

(c) This Contract conflicts with any statutory or constitutional provision of the State of Nevada or the United States. This Section shall not be construed to limit the Owner’s right to terminate this Contract for convenience or default.

E-7 INSURANCE

The Company shall obtain and maintain, at its own expense, during the entire term of the Contract, the coverage(s) specified in attached Exhibit C (Insurance Requirements). The Company shall comply with the terms and conditions set forth in attached Exhibit C (Insurance Requirements) and shall include the cost of the insurance coverage in its price(s).

E-8 INDEMNITY

The Company agrees to defend, indemnify and hold harmless the Owner, and the employees, officers and agents of the Owner from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys; fees and costs, to the extent that such intentional misconduct of the Company or the employees or agents of the Company in the performance of the contract. If the insurer by



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which the Company is insured against professional liability does not so defend the Owner and the employees, officers and agents of the Owner and the Company is adjudicated to be liable by a trier of fact, the trier of fact shall award reasonable attorney fees and costs to be paid to the Owner by the Company in an amount which is proportionate to the liability of the Company.

E-9 PATENT INDEMNITY

The Company shall advise the Owner of any impending patent suit and provide all information available. The Company shall defend any suit or proceeding brought against the Owner based on a claim that any product, or any part thereof, furnished under this Contract, constitutes an infringement of any patent; and, the Company shall pay all damages and costs awarded therein, excluding incidental and consequential damages, against the Owner. In case said product, or any part thereof, is in such suit held to constitute infringement and use of said product or parts is enjoined, the Company shall, at its own expense and at its option, either procure for the Owner the right to continue using said product or part, or replace same with non-infringing product, or modify it so it becomes non-infringing.

E-10 SUCCESSORS AND ASSIGNS

The Owner and the Company, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Contract and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Contract.

Neither party may assign their rights or any portion thereof or transfer any rights, duties, or responsibilities, nor delegate their duties under this Contract without the written consent of the other party nor shall the Company assign any money due or to become due without the prior written consent of the Owner, except to a financial institution authorized to do business in the state of Nevada. Such consent shall not be withheld unreasonably. Any attempt to assign this Contract or transfer any rights, duties or delegate responsibilities of the Contract or a portion thereof without such prior written consent of the Owner shall be null and void. Any assignment or delegation shall not relieve any party of its obligations under this Contract. This provision is separate and apart from the provisions concerning subcontracting set forth in Section E-16 (Subconsultants/Subcontractors).

E-11 WAIVER

Waiver of any of the terms of this Contract shall not be valid unless it is in writing signed by each party. The failure of the Owner to enforce any of the provisions of this Contract, or to require performance of any of the provisions herein, shall not in any way be construed as a waiver of such provisions or to affect the validity of any part of this Contract, or to affect the right of the Owner to thereafter enforce each and every provision of this Contract. Waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach of this Contract.

E-12 TAXES

The Owner is exempt from paying Sales and Use Taxes under the provisions of Nevada Revised Statutes 372.325(4), and Federal Excise Tax, under Registry Number 88-6000028. The Company shall pay all taxes, levies, duties and assessments of every nature and kind, which may be applicable to any work under this Contract. The Company shall make any and all payroll deductions required by law. The Company agrees to indemnify and hold the Owner harmless from any liability on account of any and all such taxes, levies, duties, assessments and deductions.

E-13 COMPLIANCE WITH LAWS

(a) The Company, in the performance of the obligations of this Contract, shall comply with all applicable laws, rules and regulations and orders of all Federal State and local governmental authorities having jurisdiction over the performance of this Contract including, but not limited to, the Federal Occupational Health



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and Safety Act, and all state and federal laws prohibiting and/or relating to discrimination by reason of race, color, sex, age, sexual orientation, disability, religion or national origin, gender identity or expression, or any other protected status. Upon request, the Company shall furnish to the Owner written confirmation of its compliance with all such laws, rules, orders and regulations. Company acknowledges that the Owner has an obligation to ensure that public funds are not used to subsidize private discrimination and Company recognizes that if they or their subcontractors are found guilty of discrimination by an appropriate authority for refusing to hire or do business with an individual or company with protected status, the Owner may declare the Company in breach of the Contract, terminate the Contract and designate the Company as non-responsible.

(b) In accordance with the Immigration Reform and Control Act of 1986, the Company agrees that it will not employ unauthorized aliens in the performance of this Contract.

(c) If during the term of this Contract, there are any changes or new laws, ordinances, statutes, rules or regulations not known or foreseeable at the time of signing this Contract which become effective and which affect the cost or time of performance of the Contract, the Company shall immediately notify the Owner in writing and submit detailed documentation of such effect in terms of both time and cost of performing the Contract. The Owner shall review the cost impact of such changes, and make an equitable adjustment in compensation for an increase in time, labor, materials and fees, according to the procedures in Section E-26 (Modification/Amendment).

(d) If any discrepancy or inconsistency shall be discovered between this Contract and any law, ordinance, regulation, order or decree, Company shall immediately report the same in writing to the Owner who will issue such instructions as may be necessary.

(e) The Goods and/or services shall comply with the (ADA) as amended to date. The Company shall provide the Goods and/or services in compliance with the Americans with Disabilities Act and the rules and regulations promulgated there under and shall immediately notify the Owner of any conflicts between the contract documents and the Act or the rules and regulations promulgated there under.

E-14 AUDIT OF RECORDS

(a) The performance of this Contract by the Company is subject to review by the Owner to insure contract compliance. The Company agrees to provide the Owner any and all information requested that relates to the performance of this Contract. All requests for information will be in writing to the Company. Time is of the essence during the audit process. Failure to provide the information requested within the timeline provide in the written information request may be considered a material breach of Contract and be cause for suspension and/or termination of the Contract.

(b) The Company shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Projects costs. The Company and its subcontractors accounting system(s) shall conform to Generally Accepted Accounting Principles (GAAP) and procedures and to retain all records and supporting documentation applicable to this Contract for reimbursement payment vouchers or invoices, for a period of three years after completion of this Contract and any subsequent extensions thereof, or the date of resolution of litigation or claims arising under this Contract, whichever is later. All records subject to audit findings shall be retained for three years after such findings have been resolved. In the event the Company goes out of existence, the Company shall turn over to the Owner all of its records relating to this Contract to be retained by the Owner for the required period of time.

(c) The Company shall make available to the Owner, or its designee, the State, the United States Controller General, or any other duly authorized representative of the Federal or State Government, any books, documents, subcontracts, papers, records, accounting records, and other evidence relating the performance of this Contract for audits, examinations, or other reviews and copies thereof shall be furnished by Company, if requested. The Company agrees to permit the Owner or the Owner’s Project Manager(s), or any of the aforementioned parties, to inspect and audit its records and books relative to this Contract at any time during normal business hours and under reasonable circumstances and to copy and/or transcribe any information that the Owner desires concerning Company’s operation hereunder. The Company further



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understands and agrees that said inspection and audit would be exercised upon written notice. If the Company or its records and books are not located within Clark County, Nevada, and in the event of an inspection and audit, Company agrees to deliver the records and books or have the records and books delivered to the Owner or the Owner’s Project Manager(s) at an address within Clark County, Nevada as designated by the Owner. If the Owner or the Owner’s Project Manager(s) find that the records and books delivered by the Company are incomplete, the Company agrees to pay the Owner or the Owner’s representative(s)’ costs to travel (including travel, lodging, meals, and other related expenses) to the Company’s offices to inspect, audit, retrieve, copy and/or transcribe the complete records and books. The Company further agrees to permit the Owner or the Owner’s Project Managers, or any of the aforementioned parties, to inspect and audit, as deemed necessary, all records of this project relating to finances, as well as other records including performance records that may be required by relevant directives of funding sources of the Owner.

(d) If, at any time during the term of this Contract, or at any time after the expiration or termination of the Contract, the Owner or the Owner’s Project Manager(s) finds the dollar liability is less than payments made by the Owner to the Company, the Company agrees that the difference shall be either: (1) repaid immediately by the Company to the Owner; or (2) at the Owner’s option, credited against any future billings due the Company.

E-15 INDEPENDENT CONTRACTOR

(a) STATUS OF COMPANY In the performance of services under this Contract, the Company, any other person employed by it, and any of its subcontractors or suppliers shall be deemed to be an independent contractor and not an agent or employee of the Owner and they shall not be entitled to, nor will the Owner provide any of the benefits or rights afforded to employees of Owner, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers compensation insurance benefits. Owner will not provide or pay for any liability or medical insurance, retirement contributions or any other benefits for or on behalf of Company or any of its officers, employees or other agents. The Owner shall hold the Company as the sole responsible party for the performance of this Contract. The Company has or will retain such employees as it may need to perform the services required by this Contract. Such employees shall not be employed by the Owner. The Company shall be liable for the actions of any person, organization or corporations with which it subcontracts to fulfill this Contract. The Company has and shall retain complete control over the employment, direction, compensation and discharge of all persons employed by Company and all of its subcontractors in the performance of the services of this Contract. Nothing contained in this Contract or any subcontract awarded by the Company shall create a partnership, joint venture or agency with the Owner. Neither party shall have the right to obligate or bind the other party in any manner to any third party. The Company shall be solely responsible for, and shall indemnify, defend and hold Owner harmless from all matters relating to the payment of its employees, including but not limited to, compliance with social security, withholding and all other wages, salaries, benefits, taxes, demands, and regulations of any nature whatsoever.

(b) PAYMENT OF TAXES The Company agrees to pay all required taxes on amounts paid to the Company under this Contract under this Contract and to indemnify, defend and hold the Owner harmless from any and all taxes, assessments, penalties and interest asserted against the Owner by reason of the independent contractor relationship created by this Contract or by reason of the Company’s failure to pay taxes when due. In the event that the Owner is audited by any Federal or State agency regarding the independent contractor status of the Company and the audit in any way fails to sustain the validity of an independent contractor relationship between the Owner and the Company, then the Company agrees to reimburse the Owner for all costs, including but not limited to, accounting and attorney’s fees, arising out of such audit and any appeals relating thereto.

(c) WORKERS COMPENSATION COMPLIANCE The Company shall fully comply with the workers compensation laws applicable to the Company and its employees. The Company further agrees to indemnify, defend, and hold the Owner harmless from any failure of the Company to comply with applicable workers compensation laws. The Owner shall have the right to offset against any amounts otherwise due to the Company under this Contract any costs incurred by the



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Owner resulting from any such failure to comply or resulting from Company’s failure to promptly pay to the Owner any reimbursement or indemnification arising under this section.

E-16 SUBCONSULTANTS / SUBCONTRACTORS

(a) The Company shall submit within five Days after the Owner’s request and on Owner’s form for review and documentation purposes, a list of any and all subconsultants/subcontractors with contact names and telephone numbers, description of work they will be performing, estimated percentage of total dollars and if they hold designations as Minority-owned Business Enterprise (MBE), Women-owned Business Enterprise (WBE), Small Business Enterprise (SBE), Emerging Small Business (ESB) or another recognized certification. The Company shall be liable for the actions of any person, organization or corporations with which it subcontracts to fulfill this Contract.

(b) The Company shall furnish at the Owner’s request, a copy of the Company’s contract(s) with its subconsultants/subcontractors. The professional obligations of such persons shall be undertaken and performed in the interest of the Owner. All subcontracts will incorporate in full all appropriate conditions and terms as set forth in this Contract.

(c) The Company will not enter into any subcontracts with any subconsultants/subcontractors not named in or pursuant to this Contract in writing, except with the prior written approval of the Owner’s Project Manager. Any approval of a subcontract by the Owner shall not be construed as making the Owner a party to such subcontract, giving the subconsultants/subcontractors privity of contract with the Owner, or subjecting the Owner to liability of any kind to any subconsultants/subcontractors. Approval by the Owner of Company’s request to subcontract or acceptance of or payment for subcontracted work by Owner shall not in any way relieve Company of responsibility for the professional and technical accuracy and adequacy of the work. Company shall be and remain liable for all damages to Owner caused by negligent performance or non-performance of work under this Contract by Owner’s subcontractor(s).

(d) The compensation due under Section B-3 (Compensation) shall not be affected by Owner’s approval of Company’s request to subcontract.

E-17 FLOWDOWN

Company shall provide that its contracts with subcontractor(s) shall provide that the subcontractor(s) shall be bound to the Company in the same manner, and to the same extent, as the Company is bound to the Owner under this Agreement.

E-18 UNAUTHORIZED ALIENS

In accordance with the Immigration Reform and Control Act of 1986, the Company agrees that it will not employ unauthorized aliens in the performance of this Contract.

E-19 DISCRIMINATION

Company acknowledges that the Owner has an obligation to ensure that public funds are not used to subsidize private discrimination. Company recognizes that if they or their subcontractors are found guilty by an appropriate authority of refusing to hire or do business with an individual or company due to reasons of race, color, gender, ethnicity, disability, national origin, age, or any other protected status, the Owner may declare the Company in breach of the Contract, terminate the Contract, and designate the Company as non-responsible.

E-20 FORCE MAJEURE

The Company shall not be liable for any excess costs if the failure to perform the Contract arises from circumstances beyond the reasonable control and without the fault or negligence of the Company. These circumstances are limited to such causes as (1) acts of God or of the public enemy, (2) acts of governmental



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bodies, (3) fires, (4) floods, (5) epidemics, (6) civil disturbances, or (7) unusually severe weather; but does not include labor related incidents, such as strikes or work stoppages. Delays arising from the actions or inactions of one or more of the Company’s principals, officers, employees, agents, subcontractors, vendors or suppliers are expressly recognized to be within the Company’s control. The time of performance of the Company’s obligations under this Contract shall be extended by such period of enforced delay; provided, however, that such reasonably extended time period shall not exceed 60 Days. If the foregoing circumstances result in a delay greater than 60 Days, the Owner may terminate the affected portion of the Contract pursuant to the terms of Paragraph E-4 (Termination for Convenience).

E-21 QUALITY OF SERVICES

(a) The Company shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all services furnished by the Company, its subcontractors and its and their principals, officers, employees and agents under this Contract. In performing the specified services, Company shall follow practices consistent with generally accepted professional and technical standards.

(b) It shall be the duty of the Company to assure that all services and any Good provided of its effort are

technically sound and in conformance with all pertinent federal, state and local statutes, codes, ordinances, resolutions and other regulations.

(c) The Company shall, without additional compensation, correct or revise any deficiencies, errors or

omissions caused by the Company in its analysis, reports, and services. It is also understood and agreed by both parties that if any error is found, the Company will expeditiously make the necessary correction, at no expense to the Owner, except when such error is the cause of the Owner.

(d) Company will not produce a work product which violates or infringes on any copyright or patent rights.

The Company shall, without additional compensation, correct or revise any errors or omissions in its work products. Permitted or required approval by the Owner of any products or services furnished by Company shall not in any way relieve the Company of responsibility for the professional and technical accuracy and adequacy of its work. Owner’s review, approval, acceptance, or payment for any of Company's services herein shall not be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and Company shall be and remain liable in accordance with the terms of this Contract and applicable law for all damages to Owner caused by Company's performance or failures to perform under this Contract.

E-22 ASSUMPTION OF RISK

Any services performed by the Company under this Contract which require prior review and approval by the Owner shall be at the sole risk and expense of the Company if such prior review and approval by the Owner is not obtained.

E-23 RIGHT TO ADEQUATE ASSURANCE OF PERFORMANCE

When reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assurance of due performance and until it receives such assurance may, if commercially reasonable, suspend any performance for which it has not already received the agreed return. Acceptance of any improper delivery or payment does not prejudice the aggrieved party’s right to demand adequate assurance of proper performance. After receipt of a justified demand, failure to provide within a reasonable time not exceeding 30 Days, such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the Contract.

E-24 SEVERABILITY



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The invalidity, illegality, or unenforceability of any provision of this Contract or the occurrence of any event rendering any portion or provision of this Contract void shall in no way affect the validity or enforceability of any other portion or provision of this Contract. Any void provision shall be deemed severed from this Contract, and the balance of this Contract shall be construed and enforced as if this Contract did not contain the particular portion or provision held to be void. The parties further agree to amend this Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this clause shall not prevent this entire Contract from being void should a provision which is of the essence of this Contract be determined void.

E-25 CONFORMING SERVICES

The services performed under this Contract shall conform in all respects with the requirements set forth in this Contract. The Company shall furnish the Owner with sufficient data and information needed to determine if the services performed conform to all the requirements of this Contract.

E-26 MODIFICATION/AMENDMENT

(a) Notwithstanding any provision herein to the contrary, and pursuant to NRS 104.2306, the Owner reserves the right to request modification at any time to the:

i. Scope, complexity, character, frequency of the services to be performed;

ii. Conditions under which the work is required to be performed; such as a change in standards ora change in available base data which would require additional work;

iii. Duration of work if the time period for completion of services warrants such an adjustment; or

iv. Estimated quantities or the timing of the Company’s obligations under this Contract, in whatevermanner the Owner determines, in good faith, to be reasonably necessary and to be in the bestinterests of the public.

If such changes cause an increase or decrease in the Company’s cost or time required for performance of any services under this Contract, an equitable adjustment limited to an amount within current unencumbered budgeted appropriations for the Project will be made and this Contract shall be modified in writing accordingly.

(b) This Contract shall not be modified or amended except by the express written agreement of the parties, signed by a duly authorized representative for each party. No services for which an additional compensation will be charged by the Company shall be furnished without the written authorization of the Owner. Any other attempt to modify or amend this Contract shall be null and void and may not be relied upon by either party.

(c) Oral change order requests will not be permitted. The Company shall be liable for all costs resulting from, and/or for satisfactorily correcting, any specification change not properly ordered by written modification to the Contract and signed by the Owner.

(d) Within seven Days after receipt of the written change order request to modify the Contract, the Company shall submit to the Owner a detailed price and schedule proposal for the work to be performed or goods provided.

(e) This proposal shall be subject to negotiations between the Company and the Owner. After the proposal is accepted by the Owner, a detailed modification shall be executed in writing by both parties. Disagreements that cannot be resolved within negotiations shall be resolved in accordance with the procedures specified in Paragraph E-1 (Disputes).

E-27 ENTIRE CONTRACT



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This Contract and any other documents incorporated herein by specific reference, represents the entire and integrated Contract between the Owner and the Company. This Contract supersedes all prior and contemporaneous communications, negotiations, representations, and agreements, whether oral or written, relating to the subject matter of this Contract. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. Amendments on behalf of the Owner will only be valid if signed by the Sheriff, or as delegated to the Chief Financial Officer.

E-28 SECTION AND PARAGRAPH HEADINGS

The section and paragraph headings appearing in this Contract are inserted for the purpose of convenience and ready reference. They do not purport to define, limit or extend the scope or intent of the language of the sections and paragraphs to which they pertain.

E-29 CONFLICT OF INTEREST

(a) RESTRICTION ON PARTICIPATION No Owner officer, employee or member of the FAC, who is authorized in such capacity and on behalf of the Owner to participate in the selection, negotiation, making, accepting or approval, or take part in negotiating, making, accepting, or approving of this Contract, payments under this Contract, or work under this Contract, shall not be directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of, or for the Owner, who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with this Contract, shall become directly or indirectly interested personally in this Contract or in any part hereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to this Contract.

(b) GRATUITIES PROHIBITED The Owner’s officers, employees, and members of the FAC shall neither solicit, demand, nor accept from the Company, or any of its subcontractors, any gifts, gratuities, favors or anything of monetary value. Each party represents that it is unaware of any financial or economic interest of any public officer or employee of the Owner relating to the award, modification or making of any determinations with respect to the performance of this Contract. Notwithstanding any other provision of this Contract, if such interest becomes known, the Owner may immediately terminate this Contract for default or convenience, based on the culpability of the parties.

(c) INTERESTS PROHIBITED The Company covenants that itself, its principals, employees, and its subcontractors presently have no interest, and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be provided under this Contract. The Company warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide permanent employees. For breach or violation of this warranty, the Owner shall have the right to annul this Contract without liability or in its discretion to deduct from the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

(d) REMEDIES AND PENALTIES In the event this Contract is terminated as provided for in this section, the Owner shall be entitled:

i. To pursue the same remedies against the Company as it could pursue in the event of abreach of this Contract by the Company;

ii. As a penalty, in addition to any other damages to which the Owner may be entitled by law,to exemplary damages in an amount as determined by the Owner which shall not be less than three nor more than ten times the costs incurred by the Company in providing any such gratuities to any such officer or employee; and



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iii. The rights and remedies of the Owner provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under any other provision of this Contract.

E-30 ORGANIZATIONAL CONFLICT OF INTEREST

(a) An Organizational Conflict of Interest (OCI) exists when a person or business entity has an unfair competitive advantage because of other activities or relationships with other persons. An OCI exists when any of the following circumstances arise:

i. Lack of Impartiality or Impaired Objectivity When the supplier is unable, or potentially unable, to provide impartial and objective assistance or advice to the Owner due to other activities, relationships, contracts, or circumstances. ii. Unequal Access to Information The supplier has an unfair competitive advantage through obtaining access to non-public information during the performance of an earlier contract.

iii. Biased Ground Rules During the conduct of an earlier procurement, the supplier has established the ground rules for a future procurement by developing the specifications, evaluation factors, or similar documents.

(b) The Company warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances, which could give rise to an OCI and that it will not, by this Contract, participate in any activity which will give rise to an OCI for a future contract. The Company understands that, if after award, an OCI is discovered, an immediate and full disclosure in writing must be made to the Owner, which must include a description of the action, which the Company has taken to proposes to take to avoid or mitigate such conflicts. If an OCI is determined to exist, the Owner may, it its discretion, cancel the contract award. In the event the Company was aware of an OCI prior to the award of the Contract and did not disclose the conflict to the Purchasing Representative, the Owner may terminate the Contract for default. The provisions of this clause must be included in all subcontracts for work to be performed similar to the service provided by the Company, and the terms “contract”, “supplier”, and “Purchasing Representative” modified approximately to preserve the Owner’s rights.

E-31 PUBLIC RECORDS

The Owner is a public agency as defined by state law. As such, it is subject to the Nevada Public Records Law (Chapter 239 of the Nevada Revised Statutes). All of the Owner’s records are public records, which are subject to inspection and copying by any person (unless declared by law to be confidential). This Contract, all supporting documents, and proposals submitted under the original Request for Proposal (if applicable) are deemed to be public records, with the exception of the information in each document which meets the narrow definitions of proprietary information set forth in NRS 332.025, 332.061 and 600A.

E-32 CONFIDENTIALITY

(a) All information, including but not limited to, oral statements, computer files, databases, and other material or data supplied to the Company is confidential and privileged. The Company shall not disclose this information, nor allow to be disclosed to any person or entity without the express prior written consent of the Owner. The Company shall have the right to use any such confidential information only for the purpose of providing the services under this Contract, unless the express prior, written consent of the Owner is obtained. Upon request by the Owner, The Company shall promptly return to the Owner all confidential information supplied by the Owner, together with all copies and extracts. (b) The confidentiality requirements shall not apply where (i) the information is, at the time of disclosure by the Owner, then in the public domain or legally available as a public record; (ii) the information is known to the Company prior to obtaining the same from the Owner; (iii) the information is obtained by the Company



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from a third party who did not receive the same directly or indirectly from the Owner; or (iv) the information is subpoenaed by court order or other legal process, but in such event, the Company shall notify the Owner. In such event the Owner, in its sole discretion, may seek to quash such demand.

(c) The obligations of confidentiality shall survive the termination of this Contract.

E-33 MARKETING RESTRICTIONS

The Company may not publish or sell any information from or about this Contract without the prior written consent of the Owner. This restriction does not apply to the use of the Owner’s name in a general list of customers, so long as the Owner has given written prior approval to the Company to use its name on the list and the list does not represent an express or implied endorsement of the Company or its services.

E-34 LACK OF FUNDS

(a) The entering into of the Contract by the Owner is subject to its receipt of local and federal funds adequate to carry out the provisions of the Contract in full. The content of this section shall apply to the entire Contract and shall take precedence over any conflicting terms and conditions, and shall limit the Owner’s financial responsibility as indicated in the subsections below.

(b) The Owner may cancel or reduce the amount of services to be rendered if the Owner determines that such action is in the Owner’s best interest, or that there will be a lack of funding available for the service. Notwithstanding any other provisions of this Contract, this Contract shall terminate and Owner’s obligations under it shall be extinguished at the end of the fiscal year in which the FAC fails to appropriate monies for the ensuing fiscal year sufficient for the payment of all amounts which will then become due. In any such event, the Owner will notify the Company in writing in 30 Days in advance of the date such cancellation or reduction is to be effective.

(c) Owner’s total liability for all charges for services may become due under this Contract is limited to the total maximum expenditure(s) authorized in Owner’s purchase order(s) to the Company.

E-35 INTERPRETATION, JURISDICTION AND VENUE

This Contract shall be subject to, governed by, and construed and interpreted solely according to the laws of the state of Nevada. The Company hereby consents and submits to the jurisdiction of the appropriate courts of Nevada or of the United States having jurisdiction in Nevada for adjudication of any suit or cause of action arising under or in connection with this Contract, or the performance hereof, and agrees that any such suit or cause of action may be brought in any such court.

E-36 ELECTRONIC SIGNATURES

This Contract and related documents may be executed by the parties electronically which shall be deemed to be the original. Each will be considered signed when the signature of a party is delivered when it is delivered in a manner that reasonably identifies the signatory as the individual named. Such electronic signatures shall be treated in all respects as having the same effect as an original signature. By signing this Contract, the representative of the Company thereby represents that such person is duly authorized by the Company to execute this Contract on behalf of the Company and that the Company agrees to be bound by the provisions thereof.

E-37 COMPANIES THAT BOYCOTT ISRAEL



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Successful Bidder certifies that, at the time it submitted its Bid, it was not engaged in, and agrees for the duration of the Contract, not to engage in, a boycott of Israel. Boycott of Israel means, refusing to deal or conduct business with, abstaining from dealing or conducting business with, terminating business or business activities with or performing any other action that is intended to limit commercial relations with Israel; or a person or entity doing business in Israel or in territories controlled by Israel, if such an action is taken in a manner that discriminates on the basis of nationality, national origin or religion. It does not include an action which is based on a bona fide business or economic reason; is taken pursuant to a boycott against a public entity of Israel if the boycott is applied in a nondiscriminatory manner; or is taken in compliance with or adherence to calls for a boycott of Israel if that action is authorized in 50 U.S.C. § 4607 or any other federal or state law.

E-38 CHANGES-FIXED PRICE SERVICES

(a) The Owner may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this Contract in any one or more of the following:

(i) Description of services to be performed;

(ii) Time of performance (i.e., hours of the day, days of the week, etc.); and

(iii) Place of performance of the services.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this Contract, whether or not changed by the order, the Owner shall make an equitable adjustment in the Contract price, the delivery schedule, or both, and shall modify the Contract.

(c) The Company must assert its right to an adjustment under this clause within 30 Days from the date of receipt of the written order; however, if the Owner decides that the facts justify, the Owner may receive and act upon a proposal submitted before final payment of the Contract.

(d) If the Company’s proposal includes the cost of property made obsolete or excess by the change, the Owner shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under Paragraph E-1 (Disputes); however, nothing in this clause shall excuse the Company from proceeding with the Contract as changed.

The Company shall provide current, complete, and accurate documentation to the Owner in support of any equitable adjustment. Failure to provide adequate documentation, within a reasonable time after a request from the Owner, will be deemed a waiver of the Company’s right to dispute the equitable adjustment proposed by the Owner, where such equitable adjustment has a reasonable basis at the time it is determined by the Owner.

SECTION F – LIST OF ATTACHMENTS/EXHIBITS

The following attachments are hereby incorporated into this Contract by reference:

Identifier Title/Text Reference

Exhibit A Scope of Work Exhibit B Fee Schedule Exhibit C Insurance



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IN WITNESS WHEREOF, the individuals who have affixed their signatures below certify and attest each is empowered to execute this Contract and act on behalf of and bind the party in whose name this Contract is executed the day and year first written above.

KGA ARCHITECTURE LAS VEGAS METROPOLITAN POLICE DEPARTMENT

By: ____________________________________ By: _____________________________________ Rick Romito Joseph Lombardo Partner Sheriff

APPROVED AS TO FORM: Santoro Whitmire, Ltd.

By: _________________________________ Andrew J. Glendon, Esq. Legal Counsel


3/5/2018

3/8/2018


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EXHIBIT A - SCOPE OF WORK


EXHIBIT A SCOPE OF WORK

March 5, 2018 Page A-1 LVMPD Exhibit A – Scope of Work

Contract No. 604647 Architecture Services for the LVMPD Range Building

A. Exhibit A (Scope of Work) is made up of the following sections:

a. Exhibit A-1 – Project Background and Key Personnel

b. Exhibit A-2 – Project Definitions

c. Exhibit A-3 – Project Scope

d. Exhibit A-4 – Schedule of Designated Services

e. Exhibit A-5 – Designated Services

f. Exhibit A-6 – Required Submittals

g. Exhibit A-7 – Design Schedules

h. Exhibit A-8 – Design Company-Specific Additional Terms and Conditions


EXHIBIT A-1 PROJECT BACKGROUND AND KEY PERSONNEL



PROJECT TITLE Architecture Services for the LVMPD Range Building

PROJECT DESCRIPTION The site will be designed to accommodate a new approximately 12,500 square foot building and associated parking, landscape, pedestrian walkways, etc. The planned building location is currently occupied by several portable trailers to be relocated. These include the relocation of the existing offices, relocation of the existing ammunition storage area and relocation of the existing work area. Water pressure on the site will be evaluated and addressed in the design of site utilities.

The building will be a 12,500 square foot single-story masonry structure and will serve as the administrative and classroom component of the Regional Training Facility Firearms Range.

Design of the building will address the following functional needs:

SPACE 4 Small Classrooms – 40 Student Capacity Each 1 Large Classroom – 60 Student Capacity Administrative Area – 35 Range Staff Conference Room – Full Audio and Visual Capability Janitorial Closet IDF Room Locker Room Restrooms/Showers Storage

PROJECT LOCATION Regional Training Facility Firearms Range 7600 East Carey Avenue Las Vegas, Nevada 89156

PROJECT CONSTRUCTION BUDGET (CONSTRUCTION COST)

A preliminary cost estimate will be developed by the Company in the Site Analysis Phase. Thereafter, that cost estimate will be finalized in the Schematic Design Phase. The Project shall be designed so that the construction cost shall not exceed the amount finalized in the Schematic Design Phase.

PROJECT COMPLETION The Work for the Project shall be completed in final, approved form, presented to RPM and filed into the jurisdictional building department (within which the Project resides) plans check process, no later than 210 calendar days after the Notice to Proceed is issued. The Company’s Contract shall be considered to be in full force and effect based upon Company’s completion of the services enumerated in the Exhibits and beginning from the date the Company receives “notice to proceed”.

LVMPD’S PROJECT STAFF





PROJECT MANAGER AND INVOICE SUBMITTAL

Ken Thomas, Facilities Manager LVMPD Facilities Section 3141 Sunrise Avenue Las Vegas, Nevada 89101-4833 Telephone Number: (702) 828-2965 Email: [email protected]

LVMPD REPRESENTATIVE (COORDINATOR)

Adam Wittman, Facilities Project Manager LVMPD Facilities Section 3141 Sunrise Avenue Las Vegas, Nevada 89101-4833 Telephone Number: (702) 828-2880 Email: [email protected]

LVMPD ON-SITE COORDINATOR Andy Locher, POII Regional Training Facility Firearms Range 7600 East Carey Avenue Las Vegas, Nevada 89156 Telephone Number: (702) 828-4291 Email: [email protected]

COMPANY’S PROJECT STAFF The following personnel will be assigned by the Company to work on the Project. Any changes require LVMPD’s written approval.

COMPANY (PROJECT CONSULTANT)

KGA Architecture 9075 West Diablo Drive, Suite 300 Las Vegas, Nevada 89148 Telephone Number: (702) 367-6900 Fax Number: (702) 367-2043

PROJECT MANAGER Mark Danley, AIA, Partner Telephone Number: (702) 367-6900 Email: [email protected]

PRINCIPAL James C. Lord II, AIA, Partner Telephone Number: (702) 367-6900 Email: [email protected]

OTHER TEAM MEMBERS Rick Romito, Partner and Director of Operations Mark Danley, Project Architect Craig Lucas, Project Designer Tommie Kittrell, Site Representative

LEED PROJECT ADMINISTRATOR (Accredited by USGBC), if required

Not Required

COMPANY’S SUBCONSULTANTS The following subconsultant(s) will be contracted with and utilized by the Company to work on the Project. Any changes require

LVMPD approval.

CIVIL ENGINEER Lochsa Engineering Mark Hedge, PE, Principal Guy Morris, PE, LEEP AP, Civil Engineer Demetrius Karamikolas, PE, PTOE, Traffic Engineer Hani Noshi, Ph.D., PE, CFM, Flood Control Manager

STRUCTURAL ENGINEER Barker Structural Kris Barker, PE, SE Principal Kurt Guidice, PE, SE Project Manager Tent Tolbert, CADD and BIM Manager

MECHANICAL ENGINEER DG Koch Associates Donald G. Koch, PE, Principal

ELECTRICAL ENGINEER DG Koch Associates










Donald G. Koch, PE, Principal Nathan Quigley, PE, Electrical Engineer

LANDSCAPE DESIGN Southwick Landscape Cassie Grimes, PLA, ASLA

INDEPENDENT COST ESTIMATOR (not the Company)

Rider Levett Bucknall (RLB) Simon James

INTERIOR DESIGN KGA Architecture Chelsea Lavell, NCIDQ

GEOTECHNICAL ENGINEER Terracon LAND SURVEYOR Lochsa Engineering

Mark Hedge, PE, Principal Guy Morris, PE, LEEP AP, Civil Engineer Demetrius Karamikolas, PE, PTOE, Traffic Engineer Hani Noshi, Ph.D., PE, CFM, Flood Control Manager

ACOUSTICAL CONSULTANT NV5 Ronn Fojas, INCE, NCAC

ROOFING AND WATERPROOFING CONSULTANTS

(CDC) Curtain Wall Design and Consulting, Inc. Michael Lee, Roofing and Waterproofing Manager Jonathan Belnap, Roofing and Waterproofing Consultant Telephone Number: (702)


https://www.linkedin.com/in/ronnfojas/

EXHIBIT A-2 PROJECT DEFINITIONS



1. ADA: Americans with Disabilities Act.

2. Bid Schedule: The list of line items for the Division 00 bid form that which correspond to the cost itemsspecified in the applicable sections of the CSI Divisions 01 through 49.

3. Completion Date: The date established by Contract which the Work of the Project / Construction isscheduled for completion and ready for utilization / occupancy by the LVMPD. The definition applies bothto professional services and construction work Projects.

4. Construction Contractor: Firm or Individual that is awarded the Contract for Construction pursuant to thework described in the Contract Documents.

5. Construction Cost Estimate: As used herein is a forecast or estimate of the Construction Cost preparedfor all items of work as prepared by a professional estimator.

The Construction Cost will be the total cost or estimated cost to the LVMPD of all elements of the Projectdesigned by the Company (and its subconsultants). The Construction Cost will include the cost at currentmarket rates of labor and materials furnished and equipment designed, specified, selected or speciallyprovided for by the Company, plus a reasonable allowance for the Contractor’s overhead and profit, but willexclude change order or other cost increases encountered after award of the construction contract.

The Construction Cost does not include the compensation of the Company and subconsultant(s), the costsof the land, rights-of-way, financing, permits, or other costs that are the responsibility of the LVMPD.

The Construction Cost for the Project is established as the estimated Construction Cost stated in ExhibitA-1 (Project Background and Key Personnel), or as otherwise agreed upon in writing and signed by theparties hereto.

May be used interchangeably with the term, Opinion of Probable Cost.

6. Contract Documents: The Drawings and Project Manual including but not limited to, Instructions toBidders, General Conditions, Special Provisions, Drawings and Specifications for the Work which is thelegal basis for the Contract for Constructions and the detailed description of the Project requirements.

7. Construction Administration (CA): The Phase of the Project in which the Company performs limitedProject Representation and Oversight as Basic Services to the LVMPD. This Phase begins with the awardof the Contract for Construction and the Notice to Proceed to the General Construction Contractor or PrimeConstruction Contractor.

8. Construction Project Manager (CPM): Entity or individual contracted by the LVMPD to performConstruction Management services during the Construction Phase of the Project.

9. Deliverables: Instruments of Service, versions, revisions and/or modifications of contracted reports;studies; surveys; topographic surveys; maps; parcel maps; legal descriptions; services; meeting minutes;presentation plans and/or drawings; hard copy and electronic Specifications; individually rolled and bandedand electronic bid sets of drawings; individually rolled, bound and banded and electronic ConstructionDocuments.

10. Drawings: The drawings are the graphic and pictorial portions of the Instruments of Service and of theContract Documents, wherever located and whenever issued, showing the design, location and dimensionsof the Work, generally including plans, elevations, sections, details, schedules and diagrams.

11. Drawings and Specifications: As used herein, shall be deemed in all instances to include architectural,structural, mechanical, plumbing, electrical, civil, and landscape drawings and specifications, and anydrawings and specifications prepared by the Company and its specialty subconsultants.





12. Final Completion: Final Completion is the stage in the progress of the Work of the Project, when all Workitems and/or Facility elements included in the Project is/are totally, complete, such that the LVMPD canoccupy or utilize the Work for its intended use, including all “Punch List” and corrective work required of theConstruction Contractor and receipt of all required documents, certificates of occupancy, warranties,operating manuals, deliverables, “as built” drawings, materials, supplies delivered to the LVMPD by theConstruction Contractor. The date of approval of Final Completion will establish the official Final ApprovalDate of the Project; and initiate the authorization for Final Payment to the Construction Contractor. Thedefinition applies both to professional services and construction work Projects.

13. Final Payment: Final Payment, constituting the entire unpaid balance of the Contract sum, shall be madeto the Company / Construction Contractor by the LVMPD, when the Contract has been fully performed andall terms, conditions and deliverables have been performed by the Company / Construction Contractor andreceived by the LVMPD. In construction Projects, in addition to the items listed above, the final paymentauthorization will require a Certificate of Final Completion, issued and approved by the LVMPD. Finalpayment shall be made by the LVMPD not more than 30 calendar days after receipt of the final PaymentCertificate. The definition applies both to professional services and construction work Projects.

14. Instruments of Service: Designs, drawings, specifications, design calculations, notes, sketches,presentation boards, renderings, computer-based graphics, video, reports, schedules or other item(s)produced by the Company or its subconsultant(s) as a part of this Project.

15. LVMPD’s Representative: A member of the LVMPD’s staff or contract employee of the LVMPD who hasbeen given specific limited authority to represent LVMPD during the course of the Project.

16. Notice: Any notice required to be given hereunder shall be deemed to have been given when received bythe party to whom it is directed by personal service, hand delivery, certified U.S. mail, return receiptrequested, electronic signature with Certificate of delivery, or facsimile.

17. Opinion of Probable Cost (OPC): A written estimate (calculation) of various levels of detail that itemizesand summarizes anticipated prices and expenses associated with the construction of the work describedby the Contract Documents.

May be used interchangeably with the term, Construction Cost Estimate.

18. Prime Company: The Company that is signatory to this Contract.

19. Product: The final copy, version, revision and/or modification of required plats; plans; drawings andconstruction details of the Project and the “camera ready” versions of bid profiles and technicalspecifications prepared under the terms of this Contract.

20. Project: An organized effort with a planned set of interrelated tasks to accomplish the subject of thisContract, to be executed over a fixed period and within certain cost and other limitations.

21. Project Schedule (Schedule): Document prepared by the Company and approved by LVMPD Facilitiesthat establishes and defines major work elements, benchmarks and deadlines required to meet themandated completion date(s) for the design, bidding and construction of the Project.

22. Project Facilities Program: A written description that includes but is not limited to a summary of spatial,quantitative, qualitative and economic factors which define the scope of the facilities to be designed andconstructed.

23. Project Manual: The Project manual is the volume usually assembled for the Work, which may includebut is not limited to, the Instructions to Bidders (General and Project-Specific), General Conditions, biddocument, bond and insurance forms, subcontractor lists, bidder’s preference documentation, SpecialProvisions (Divisions 01 through 49) and any other form(s) unique to the Project.



March 5, 2018

Page A-7 LVMPD Exhibit A – Scope of Work


24. Project Scope: The professional services required by the Contract.

25. Punch List: Report prepared by Company, including all disciplines, with the assistance of LVMPD Facilities, listing all deficiencies and repairs of the Project to be made and/or corrected by the Construction Contractor prior to the final completion, acceptance of the construction of the Project and final payment.

26. Specifications: The specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services, including but not limited to the Construction Specifications Institute (CSI) Divisions 01 through 49.

27. Subconsultant: Professional or business entity contracted by and under the direct supervision and control of the Prime Company for the purposes of providing professional services to the Prime Company.

28. Subcontractor: A lower-tier contractor who is directly employed by the General Construction Contractor.

29. Substantial Completion: Substantial Completion is the stage in the progress of the Work of the Project, when all Work items and/or Facility elements included in the Project, or designated portion thereof, is/are sufficiently complete in accordance with the Contract Documents and such that the LVMPD can occupy or utilize the Work for its intended use, and that any remaining activity of the Construction Contractor shall not interfere with such use. The date of approval of Substantial Completion will establish the official Substantial Completion Date, and initiate the preparation of the Project Punch List, for final and corrective work to be accomplished by the Construction Contractor. The definition applies both to professional services and construction work Projects.

30. Work: The professional services produced by the Company performing the specific tasks of the Contract required for the design, bidding and construction of this Project.

31. Work Product: Outputs as a result of the efforts of the (design professional) Company that must be produced to complete a project and achieve its objectives, including but not limited to, any specified deliverables, data, documentation, process flows, architectural requirements, project plans, specifications, procedures, recommendations, reports, techniques, project compliance assessments, surveys, studies, diagrams, programming, and analysis.


EXHIBIT A-3 PROJECT SCOPE



Services to be performed by the Company for the Project shall consist of the work described in the Scope of Work as set forth in all sections of Exhibit A of this Contract.

The Company shall provide the following services as applicable and as specified further in all of Exhibit A:

A. PRE-DESIGN PHASE The Company shall provide Services per Schedule of Designated Services, as specified in Exhibit A-4 and A-5 and Required Submittals as specified in Exhibit A-6 and as summarized below:

a. Project Schedule: Review Project Schedule (Exhibit A-7) with LVMPD Facilities and applicableLVMPD bureau(s) to confirm the Schedule and revise as necessary.

b. Project Facilities Program: Meet with LVMPD Facilities and applicable LVMPD bureau(s) toascertain and determine the programming requirements of the Project. Prepare a program offacilities, site elements and design features recommended for inclusion in the design anddevelopment of the Project for presentation to LVMPD Facilities for review.

c. Space Schematics/Flow Diagrams: consisting of diagrammatic studies based on the approvedProgram.

d. (NOT APPLICABLE) Existing Facilities Survey: Research, assemble, review and supplementinformation for Projects involving alterations and additions to existing facilities.

e. (NOT APPLICABLE) Marketing Studies: relating to determination of social, economic andpolitical need for and acceptability of the Project.

f. (NOT APPLICABLE) Economic Feasibility Studies: consisting of the preparation of economicanalysis and feasibility evaluation of the Project.

g. (NOT APPLICABLE) Project Financing Services: as described in Exhibit A-5

B. SITE DEVELOPMENT SERVICES The Company shall provide Services per Schedule of Designated Services, as specified in Exhibit A-4 and A-5 and Required Submittals as specified in Exhibit A-6 and as summarized below:

a. Site Analysis and Selection: consisting of identification of and comparative analysis of potential sites

b. Site Development Planning consisting of preliminary site analysis, and preparation and comparativeevaluation of conceptual site development designs

c. Detailed Site Utilization Studies consisting of detailed site analyses, based on the approvedconceptual site development design

d. On-Site Utility Studies consisting of establishing requirements and preparing initial designs for on-siteutility services

e. Off-Site Utility Studies consisting of Confirmation of location, size and adequacy of utilities servingthe site.





f. (NOT APPLICABLE) Environmental Studies and Reports to determine the need or requirements forenvironmental monitoring, assessment and/or impact statements

g. Geotechnical Engineering Services

h. Site Surveying Services

i. Zoning Processing Assistance consisting of the following:

i. Reports, Studies and Services that may be required by jurisdictional entity in the review,approval and development of the Project, including but not limited to the following: surveys,traffic studies; drainage reports; geotechnical reports and agricultural soils reports.

i. An amount is included in attached Exhibit B-1 (Fee Schedule) which is for the purpose ofreimbursing the Company for the payment of fees and charges, that are normally theresponsibility of the LVMPD, that are made on behalf of the LVMPD by the Company,including but not limited to the following: public works and /or building department planscheck and inspection fees; utility application fees and reproduction charges for workbeyond the defined Company responsibility of the Contract.

ii. The cost of each of the reports, studies, services and for the reimbursement allowanceshall be prepared and reported as separate cost items within the Company Contract, andshall become Company work and pay item(s) only with written authorization by LVMPDFacilities for activation and billing upon completion of the work as a work/pay item. Receiptsfor the payment of authorized fees and charges will be required, in addition to the paymentauthorization, as documentation for reimbursement. Fee and charge payments shall bemade in the name of the LVMPD (Las Vegas Metropolitan Police Department).

ii. Analysis Phase: Assemble, review and present information relevant to the design anddevelopment of the Project, including but not limited to the following:

i. Traffic Analysis: If required by the Project, review existing and future traffic patternsrelative to the Project, identify potential impacts, investigate and determine required off-site improvements. Prepare a transportation, site access and off-site improvementanalysis. Coordinate with the jurisdictional public works department traffic engineer toreview the analysis and present the findings to LVMPD Facilities for review.

ii. Utility Analysis: Coordinate with the various utilities to determine the status of existingutilities and the availability and location (distance and direction) of future utilities necessaryto serve the Project. Evaluate present and future Project utility requirements and makerecommendations for sizing and utility connection locations. Review, analyze and calculateservice requirements and determine the Project costs, including but not limited to thefollowing: all engineering, construction, application, connection, service and hookup feesto extend and/or upgrade existing utilities required by the Project for review by LVMPDFacilities. Prepare all plans, drawings, studies and applications required by the variousutilities, including but not limited to the following: final engineering drawings, for approvaland signature by the utility.

iii. Hydrology and Site Analysis: Conduct site visitation(s) and hydrological reconnaissanceof on-site and off-site drainage. Examine site topography, topographic survey, and





boundary information to determine site opportunities and constraints. Review existing grades, slope conditions, and on-site and off-site views. Prepare an analysis for presentation to LVMPD Facilities for review.

iii. Project Preliminary Development Plan: Prepare a preliminary site development plan thatillustrates “nodes”, “linkages”, “use areas” and “relationships” including but not limited to thefollowing design elements:

i. Access - Ingress and Egress

ii. Parking/Roads

iii. Facilities and Site Design Elements

iv. Trails/Walks

v. Building/Structure “Footprints”

vi. Space Allocations

vii. Natural/Man-Made Features

viii. Landscape Zones, Plant Masses, Screening and Buffering Requirements

ix. Boundaries

x. Views

iv. Preliminary Design: Develop conceptual plans, character sketches and design narrativesnecessary to illustrate the design intent of the Project.

v. Public Presentation(s): Prepare a presentation outline for a public neighborhood plan reviewand input meeting(s) to be conducted within the township in which the Project is located, or ata specially scheduled Project review meeting. The meeting shall be coordinated by theapplicable LVMPD bureau in conjunction with the Commissioner of that Commission District orCouncilperson of that Ward. The Company shall be responsible for assisting in thepresentation of the site development plan and the building floor plans with the applicableLVMPD bureau; and for responding to input and questions from the community.

vi. Final Development Plan: Based on input received from the neighborhood input meeting(s),the applicable LVMPD bureau and LVMPD Facilities; the preliminary development plan shallbe modified to become the final development plan.

vii. Land Use Requirements: The Company shall be responsible for making application,scheduling, preparing drawings, plans, elevations and other required data and for makingpresentation, representing the LVMPD in and for all required Land Use activities required ofthe Project, including but not limited to the following: Zone Change, Design Review, Use Permit,Waiver and Variances by the Town Board, County Planning Commission, City Planning and ifrequired, the applicable governing body. Applications shall be made in the name of the LVMPD(Las Vegas Metropolitan Police Department).





viii. Public Presentation: Schedule and make a public presentation of the Final DevelopmentPlan to the LVMPD Fiscal Affairs Committee (FAC), if required, for plan review and adoption.

ix. Presentation Plans: A computer generated, approved Site Development Plan and one copyof the electronic file of the presentation plan for delivery to LVMPD Facilities.

j. Preliminary Cost Estimate: Prepare a preliminary cost estimate for the approved preliminary plan.The cost estimate shall include for on-site and off-site construction cost estimates ConstructionContractor Overhead and Profit, and an Estimating Contingency but shall exclude the following:professional service fees; plan check fees; public works plan check and inspection fees; utilityapplication fees; utility connection charges; engineering; testing, project contingencies, and FF&E(furniture, fixtures and equipment).

C. SCHEMATIC DESIGN PHASE

The Company shall provide per Schedule of Designated Services, as specified in Exhibit A-4 and A-5 and Required Submittals as specified in Exhibit A-6 and as summarized below:

a. Preparation of Schematic Design Documents: Based on the approved program, schedule andconstruction budget, and Site Development services, prepare, for approval by LVMPD Facilities,schematic design documents consisting of drawings and/or other documents illustrating the scaleand relationship of Project components including site plan. Project will be delivered electronicallyin ACAD, latest version format, plot only.

b. Alternative Approaches: Review with LVMPD Facilities, alternative approaches to design andconstruction of the Project, as necessary.

c. Preliminary Cost Estimate: Submit to LVMPD Facilities, a preliminary estimate of constructioncost based on current area, volume or other unit or specialized costs; on-site and off-siteconstruction and Construction Contractor overhead and profit.

d. Evaluation of Schedule and Budget: Preliminary evaluation of LVMPD Facilities’ developmentschedule and construction budget requirements, each in terms of the other.

D. DESIGN DEVELOPMENT PHASE

The Company shall provide per Schedule of Designated Services, as specified in Exhibit A-4 and A-5 and Required Submittals as specified in Exhibit A-6 and as summarized below:

a. Preparation of Design Development Documents: Based on the approved schematic designdocuments and any adjustments authorized by LVMPD Facilities in the program, schedule orconstruction budget, for approval by LVMPD Facilities, the design development documents consistingof drawings and/or other documents to fix and describe the size and character of the Project as to civil,architectural, structural, mechanical systems, electrical systems, materials and such other elements asmay be appropriate.

b. Public Presentation(s): A presentation outline for a public neighborhood plan review and inputmeeting(s) to be conducted within the township in which the Project is located, or at a speciallyscheduled Project review meeting. The meeting shall be coordinated by the applicable LVMPD bureauin conjunction with the Commissioner of that Commission District or Councilperson of that Ward. TheCompany shall be responsible for assisting in the presentation of the site development plan and the





building floor plans with the County Commissioner or City Councilperson and the applicable LVMPD bureau; and for responding to input and questions from the community.

E. CONSTRUCTION DOCUMENTS PHASE The Company shall provide per Schedule of Designated Services, as specified in Exhibit A-4 and A-5 and Required Submittals as specified in Exhibit A-6 and as summarized below:

a. Construction Documents: Construction drawings and the Project Manual required for the biddingof the development of the Project in accordance with the approved Project Site/Master Plan,including, but not limited to the following: construction drawings and details, engineering designcalculations, schedules and technical specifications. Preparation of all plans, drawings andspecifications shall be in compliance with all applicable codes and ordinances.

b. Reports: Studies/reports required by the Contract and file with Clark County or City of Las Vegas,as applicable, for the review and approval of the Project, including but not limited to the following:Traffic Report, Drainage Report and Soils Report. Reports shall be prepared, consistent with therequirements of the applicable jurisdictional public works and building departments for planscheck/design review submittals.

c. Design Submittals: Research, consultation, coordination, engineering calculations, designsubmittal(s), application preparation and fee determination required by the various utility and designreview/approval agencies for the provision of utilities and for Project design, review and approvalnecessary for the development of the Project, including, but not limited to the following: the LasVegas Valley Water District, Clark County Water Reclamation District, Southwest Gas Company,Centurylink Telephone Company, area cable company, Nevada Department of Transportation,applicable public works department, applicable building department, LVMPD Finance Department- Purchasing, Board of County Commissioners, City Council, LVMPD Fiscal Affairs Committee,Clark County Health District, Clark County School District and other departments, governmentalentities and agencies.

d. Specifications and Details: All necessary design work, including but not limited to: calculations,plans, sections and detail drawings, and technical specifications necessary for developing theProject.

e. Review Drawings: Construction drawings, technical specification outlines and bid documentoutlines at the 60% completion level for review by LVMPD Facilities. Complete constructiondrawings, technical specifications and bid documents at the 95% completion level for review byLVMPD Facilities. Five full sets of blueprint review drawings and documents for review and mark-up at each of the 60% and 95% review phases of the Project. Review time for each of the reviewphases shall require a minimum of two weeks. Review comments will be provided as a singleunified submittal. The Company shall include this required review time schedule in the ProjectTime Schedule.

f. (NOT APPLICABLE) Off-Sites: Design of off-site improvements as required, including, but notlimited to the following: ADA requirements, sidewalks, driveways, paving, street lighting, streetsignage, striping, curbs, gutters and drainage structures, if required.





g. Requirements: Review code, ordinance and zoning requirements of the jurisdictional buildingdepartment relative to the Project, before submitting drawings and specifications for the planscheck process.

h. Stamped Drawings: Three “wet-stamped” sets of all drawings required for building departmentreview and prepare permit applications to initiate the plans review process for building permits.Applications shall be made in the name of the LVMPD (Las Vegas Metropolitan Police Department).

i. Project Budget: Design the Project within the specified budget. Prior to bidding, prepare aschedule of total probable Project costs, including but not limited to the following: on-site and off-site construction cost estimates; Construction Contractor overhead and profit.

j. Approvals: Secure all required civil plan approval signatures and provide conformed constructiondrawings and complete bid document packages, ready for bidding of the development of theProject.

F. BIDDING OR NEGOTIATIONS PHASE The Company shall provide per Schedule of Designated Services, as specified in Exhibit A-4 and A-5 and Required Submittals as specified in Exhibit A-6 and as summarized below:

a. Plans Check Process: The Company shall monitor, track and respond to all comments, revisions,changes and/or modifications required of the Project plans, design and details required by the planscheck process of the applicable governing authority jurisdiction, in a timely manner.

b. CSI Division 00 and 01: The Company shall provide the Bid Schedule line items (numberedcorresponding to Special Provisions divisions) and review and provide recommended changes forthe LVMPD-provided CSI Divisions 00 and 01 information, including but not limited to: Instructionsto Bidders - General, Instructions to Bidders – Project Specific, and General Conditions.

c. Bid Sets of Drawings: After completion of the plans check process and prior to the production ofthe Bid Sets, the Company shall correct, revise, update and/or modify the plans check drawingoriginals to reflect the Approved Building Plans (approved by the jurisdictional building department),upon which Building Permits will be issued; and any other plans check requirements and/orrevisions thereto. LVMPD will provide electronic copies of all copies bid documents required forbidding to potential bidders.

d. Pre-Bid Conference: Attend the pre-bid conference and prepare any necessary addenda and/ormodified documents identified during or after the pre-bid conference as directed by LVMPDFacilities and LVMPD Purchasing.

e. Bidder Questions/Concerns: Respond to design related/construction questions and makerecommendations to LVMPD Facilities for the resolution of those issues. Provide additional detailsor information, if and when required, for proper execution of the Work. Become acquainted withstandard or reference specifications referred to in Division 01. Questions / Concerns will beaddressed through addendum issued by LVMPD Purchasing.

G. CONTRACT ADMINISTRATION PHASE The Company shall provide per Schedule of Designated Services, as specified in Exhibit A-4 and A-5 and Required Submittals as specified in Exhibit A-6 and as summarized below:





a. Basic Services for the Administration of the Construction Contract: The Company shallprovide the following Basic Services for the administration of the construction contract,commencing with the award of the construction contract and terminating at the earlier of, theissuance of the final certificate of payment or 60 calendar days after the date of substantialcompletion of the Work of the Project. The Company shall perform in the following manner:

i. Representative: The Company shall be a representative of and shall advise and consultwith LVMPD Facilities during construction, until completion of the contract.

ii. Site Visits: The Company shall visit the site at a minimum of once per week, coincidingwith the scheduled weekly Project meeting, or as appropriate to the stage of constructionor as otherwise agreed by LVMPD Facilities and the Company in writing; however, thetaking, production and distribution of the weekly construction Project minutes shall be theresponsibility of the Company. The site visits are to familiarize the Company with theprogress and quality of the Work completed and to determine in general if the Work is beingperformed in a manner that when completed will be in accordance with the ContractDocuments. On the basis of the on-site observations, the Company shall keep LVMPDFacilities informed of the progress and quality of Work, and shall protect the LVMPDagainst errors and omissions in the Work.

iii. Construction Means and Methods: The Company shall not have control over or chargeof and shall not be responsible for construction means, methods, techniques, sequencesor procedures, or for safety precautions and programs in connection with the Work, sincethese are solely the Construction Contractor’s responsibility under the contract forconstruction. The Company shall not be responsible for the Construction Contractor’sschedules or failure to carry out the Work in accordance with the Construction Documents.The Company shall not have control over or charge of acts or omissions of the ConstructionContractor, subcontractors, or their agents or employees, or any other persons performingportions of the Work.

iv. Work Access: The Company shall have access to the Work at all times.

v. Communications: Except as may otherwise be provided in the Contract Documents orwhen direct communications have been specially authorized, LVMPD Facilities and theConstruction Contractor shall communicate through the Company. Communications byand with the Company’s subconsultants shall be through the Company.

vi. Certificate for Payment: Based on the Company’s observations and evaluations of theConstruction Contractor’s applications for payment, the Company shall review and certifythe amounts due the Construction Contractor. The Company’s certification for paymentshall constitute a representation to LVMPD Facilities, based on the Company’sobservations at the site and on the date comprising the Construction Contractor’sapplication for payment, that, to the best of the Company’s knowledge, information andbelief, the Work has progressed to the point indicated and the quality of Work is inaccordance with the Contract Documents. The foregoing representations are subject to anevaluation of the Work for conformance with the Contract Documents upon substantialcompletion, to results of subsequent tests and inspections, to minor deviations from theContract Documents correctable prior to completion and to specific qualificationsexpressed by the Company. The issuance of a certificate for payment shall further





constitute a representation that the Construction Contractor is entitled to payment in the amount certified.

vii. Authority: The Company shall have the authority to recommend rejection of Work thatdoes not conform to the Contract Documents. Whenever the Company considers itnecessary or advisable for implementation of the intent of the Contract Documents, theCompany will have authority to recommend additional inspection or testing of the Work inaccordance with the provisions of the Contract Documents, whether or not such work isfabricated, installed or completed. However, neither this authority of the Company nor adecision made in good faith either to exercise or not to exercise such authority shall giverise to a duty or responsibility of the Company to the Construction Contractor,subcontractors, material and equipment suppliers, their agents or employees or otherpersons performing portions of the Work.

viii. Contractor Submittals: The Company shall review and approve or take other appropriateaction upon Construction Contractor’s submittals such as shop drawings, product data andsamples, but only for the limited purpose of checking for conformance with informationgiven and the design concept expressed in the Contract Documents. The Company’saction shall be taken with such reasonable promptness as to cause no delay in constructionby the Construction Contractor or by separate subcontractors, while allowing sufficient timein the Company’s professional judgment to permit adequate review.

ix. Change Orders and Change Directives: The Company shall prepare change orders andconstruction change directives, with supporting documentation and data as deemednecessary by the Company for LVMPD Facilities’ approval and execution in accordancewith the Contract Documents, subject to the current unencumbered appropriations of theProject, and may authorize minor changes in the Work not involving an adjustment in thecontract sum or an extension of the contract time and which are not inconsistent with theintent of the Contract Documents. Company shall also review change order costs andmake recommendations to LVMPD, sign change orders, and issue responses toRequest(s) for Information (RFI).

x. Inspections: The Company shall conduct inspections (with LVMPD Facilities inattendance) to determine the date or dates of substantial completion and the date of finalcompletion, shall receive and forward to LVMPD Facilities for LVMPD Facilities’ review andrecords, written warranties and related documents required by the Contract Documentsand assembled by the Construction Contractor, and shall issue a final certificate forpayment upon compliance with the requirements of the Contract Documents. TheCompany shall prepare the Certificate of Substantial Completion and attach a Punch List.The Company shall sign the Certificate of Occupancy and transmit to the GeneralContractor for its signature.

xi. Interpretations and Decisions: The Company shall interpret and decide mattersconcerning performance of the Construction Contractor under the requirements of theContract Documents on request of LVMPD Facilities. The Company’s response to suchrequests shall be made with reasonable promptness and within time limits agreed upon.Interpretations and decisions of the Company shall be consistent with the intent of andreasonably inferable from the Contract Documents and shall be in writing or in the form of





drawings. When making such interpretations and initial decisions, the Company, shall not show partiality toward any party. The Company shall render written decisions within a reasonable time, but not to exceed seven calendar days on all claims, disputes or other matters in question, including those relating to the execution or progress of the Work as provided in the Contract Documents. The Company’s decisions on claims, disputes or other matters, except those relating to aesthetic effect, shall be subject to arbitration as provided in the Contract Documents.

xvi. Shop Drawings/Submittals/Samples: The Company shall review and approve allrequired shop drawings, submittals and samples of materials to be furnished at the site forconformance to specifications and contract documents; notify LVMPD Facilities of theCompany’s approval or rejection; report any submittals not consistent with contractdocuments with recommendations for LVMPD Facilities’ final decision.

xvii. Coordination: The Company shall coordinate and cooperate with LVMPD Facilities,Construction Contractor, other professional service consultants and other ProjectConstruction Contractors to merge, meld and blend the work of the Project with other Workto provide a seamless and continuous Project.

xviii. Punch List: Upon substantial completion of the Project, or if LVMPD Facilities elects tooccupy the Project or any portion thereof prior to the final completion of the Work by theConstruction Contractor, upon 48 hours’ notice by LVMPD Facilities, both Company andsubconsultant(s) shall assist in conducting an on-site observation of the Project withrepresentatives of LVMPD Facilities, the Construction Contractor and both Company andsubconsultant(s) shall assist in the preparation of a Punch List, report to LVMPD Facilities,listing all deficiencies and repairs. The Company shall attend a follow-up on-siteobservation, which shall be conducted to confirm that all deficiencies and repairs werecorrected.

xix. Services: The Company shall complete other essential work elements that have beenidentified by LVMPD Facilities as being reasonably necessary for the completion of theCompany’s services.

xx. Project Representative: The Company shall provide a qualified Project Representativeto perform the following functions:

1. Liaison: Maintain liaison with LVMPD Facilities’ designated ProjectManager and Project Coordinator.

2. Construction Schedule: Assist in the review of the ConstructionContractor’s construction schedule, progress and any conditions that maydelay the completion of the Project.

3. Explain Contract Documents: Assist in the interpretation andunderstanding of the intent of the Contract Documents. Assure same dayresponse from its subconsultants during construction to minimize delaysin the interpretation of construction documents. Respond to Requests forInformation (RFIs).





4. Limitations of Authority: Unless specific exceptions are established bywritten instructions issued by LVMPD Facilities, the ProjectRepresentative will not:

a. Authorize major deviations from the Contract Documents.

b. Personally conduct any tests.

c. Enter into the area of responsibility of the ConstructionContractor’s superintendent.

d. Expedite the Work for the Construction Contractor.

e. Issue directions relative to any aspect of construction means,methods, techniques, sequences or procedures, or for safetyprecautions and programs in connection with the Work.

f. Authorize or suggest that LVMPD Facilities occupy the Project, inwhole or in part, prior to Substantial Completion.

H. POST-CONTRACT SERVICES The Company shall provide per Schedule of Designated Services, as specified in Exhibit A-4 and A-5 and Required Submittals as specified in Exhibit A-6.

I. SUPPLEMENTAL SERVICES The Company shall provide per Schedule of Designated Services, as specified in Exhibit A-4 and A-5 and Required Submittals as specified in Exhibit A-6.

J. RESERVED


EXHIBIT A-4 SCHEDULE OF DESIGNATED SERVICES




EXHIBIT A-4SCHEDULE OF DESIGNATED SERVICES

Contract No. 604647Arch Srvs for Range House

PROJECT: Pre-Design PhaseSite Development Phase

Schematic Design PhaseDesign Development Phase

Contract Documents PhaseBidding or Negotiations Phase

PROJECT #: Contract Administration PhaseDATE: 1 2 3 4 5 6 7 8 Post-Contract PhaseR=Responsibility: (C=Company; L=LVMPD; N=Not in Contract; J=Joint) R R R R R R R R Remarks and Exceptions

.01 Project Administration C C C C C C C C

.02 Disciplines Coordination/Document Checking C C C C C C C C

.03 Agency Consulting/Review/Approval C C C C C C C C

.04 LVMPD-Supplied Data Coordination C C C C C C C C

.05 Schedule Development/Monitoring C C C C C C C During construction, Monitoring only

.06 Preliminary Estimate of the Cost of the work

N C C C C

1st Estimate at conclusion of Site Development Phase, 2 Estimates during Construction Document Phase

.07 Presentations(s) C C C C C

.08 Programming C

.09 Space Schematics/Flow Diagrams C

.10 Existing Facilities Surveys N

.11 Marketing Studies N

.12 Economic Feasibility Studies N

.13 Project Financing N

.14 Site Analysis and Selection C

.15 Site Development Planning C

.16 Detailed Site Utilization Studies C

.17 On-Site Utility Studies C

.18 Off-Site Utilitiy Studies C Excluding Off-site Civil Design

.19 Environmental Studies and Reports N

.20 Geotechnical Engineering C

.21 Site Surveying C Excluding Boundry Survey

.22 Land Use/Zoning Processing Assistance C

.23 Architectural Design/Documentation C C C

.24 Structural Design/Documentation C C C

.25 Mechanical Design/Documentation C C C

.26 Electrical Design/Documentation C C C

.27 Civil Design/Documentation C C C

.28 Landscape Design/Documentation C C C

.29 Interior Design/Documentation N N N

.30 Special Design/Documentation N N N

.31 Materials Research/Specifications C C C

.32 Bidding Materials J

.33 Addenda J

.34 Bidding/Negotiation J

.35 Analysis of Alternates/Substitutions J J

.36 Special Bidding N

.37 Bid Evaluation L

.38 Contract Award L

.39 Submittal Services C

.40 Observation Services C

.41 Extended Project RepresentationC

16 Hours per week beginning with GC NTP ending with substantial Completion

.42 Testing and Inspection Administration N

.43 Supplemental Documentation N

.44 Quotation Requests/change Orders C

.45 Contract Cost Accounting N

.46 FF&E Installation Administation N

.47 Interpretations and Decisions C

.48 Project Close Out C

.49 Maintenance and Operational Programming C C

.50 Start-Up Assistance C C

.51 Record Drawing C C

.52 Warranty Review C C

.53 Post-Contract Evaluation N N

Des

ign

Ser

vice

sP

roje

ct A

dmin

and

Mgm

t S

ervi

ces

Pre

-Des

ign

Ser

vice

sS

ite D

evel

opm

ent

Ser

vice

s

Bid

ding

or

Neg

otia

tion

Ser

vice

sC

ontra

ct A

dmin

istra

tion

Ser

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sP

ost-

Con

tract

S

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EXHIBIT A-4SCHEDULE OF DESIGNATED SERVICES


Supplemental Services9

R=Responsibility: (C=Company; L=LVMPD; N=Not in Contract; J=Joint) R.54 Special Studies C

.55 Tenant-Related Services N

.56 Special Furnishings Design N

.57 FF&E Services N

.58 Special Disciplines Consultation

C

.59 Special Building Type Consultation N

.60 Fine Arts and Crafts N

.61 Graphic Design N

.62 Renderings N

.63 Model Construction N

.64 Still Photography N

.65 Motion Picture and Videotape N

.66 Life Cycle Cost Analysis N

.67 Value Analysis N

.68 Energy Studies N

.69 Quantity Surveys N

.70 Detailed Cost Estimating C

.71 Environmental Monitoring N

.72 Expert Witness N

.73 Materials and Systems Testing N

.74 Demolition Services N

.75 Mock-up Services N

.76 Coordination of Designated Services N

.77 FF&E Purchasing and Installation N

.78 Computer Applications N

.79 Project Promotion/Public Relations N

.80 Leasing Brochures N

.81 Pre-Contract Administration/Management N

.82 Extending Bidding N

.83 Extended Contract Administration/Management N

.84 Quality Assurance Inspection Matrix N

.85 Legal Descriptions of Right of Ways N

.86 Warranty Matrix Spreadsheet N

.87 Sequence of Controls N

.88 Application for Emissions-producing Equipment N

.89 Parcel map N

.90 Accessibility Checklist N

.91 Title Report N

.92 Energy Rebates and Programs Applications N

C = Consultant (Architect or Engineer)L = Las Vegas Metropolitan Police DepartmentN = Not in ContractJ = Joint Responsibility between LVMPD and Consultant

Remarks and ExceptionsFire protection and domestic water pressure analysis and mitigation design

Sup

plem

enta

l Ser

vice

s

Acoustical Consulting to mitigate sound from adjacent Firing Range, Building Envelope/waterproofing Consulting, adaptation of Clark County Design Standards to new LVMPD Design Standards

Oth

er S

ervi

ces

Key

In accordance with the terms of the Contract


EXHIBIT A-5 DESIGNATED SERVICES



A. DESIGNATED SERVICES:

LVMPD and Company shall provide the phases and services in Exhibit A-4 (Schedule of Designated Services) and described herein Exhibit A-5 (Designated Services). Unless the responsibility for a Project phase or service is specifically allocated in the Schedule of Designated Services to the LVMPD or Company, such phase or service shall not be a requirement of this Contract.

B. PHASES OF DESIGNATED SERVICES

1. Pre-Design Phase. The Pre-Design Phase is the stage in which the LVMPD’s program, thefinancial and time requirements, and the scope the Project are established.

2. Site Analysis Phase. The Site Analysis Phase is the stage in which site-related limitations andrequirements for the Project are established.

3. Schematic Design Phase. The Schematic Design Phase is the stage in which the general scope,conceptual design, and the scale and relationship of components of the Project are established.

4. Design Development Phase. The Design Development Phase is the stage in which the size andcharacter of the Project are further refined and described, including architectural, structural,mechanical and electrical systems, materials, and such other elements as may be appropriate.

5. Contract Documents Phase. The Contract Documents Phase is the stage in which therequirements for the Work are set forth in detail.

6. Bidding or Negotiations Phase. The Bidding or Negotiations Phase is the stage in which bids ornegotiated proposals are solicited and obtained and in which contracts are awarded.

7. Contract Administration Phase. The Contract Administration Phase is the stage in which theWork is performed by one or more Contractors.

8. Post-Contract Phase. The Post-Contract Phase is the stage in which assistance in the LVMPD’suse and occupancy of the Project is provided.

9. Supplemental Services. Supplemental Services may be provided, however, during a singlephase or several phases and may not necessarily follow the normal chronological sequence.

C. DESCRIPTONS OF DESIGNATED SERVICES

A. PROJECT ADMINISTRATION AND MANAGEMENT SERVICES

.01 Project Administration services consisting of administrative functions including:

.01 Consultation

.02 Research

.03 Conferences

.04 Communications

.05 Travel time

.06 Progress reports

.07 Direction of the work of in-house architectural personnel

.08 Coordination of work by the LVMPD’s forces

.02 Disciplines Coordination/Document Checking consisting of:





.01 Coordination between the architectural work and the work of engineering and other disciplines involved in the Project

.02 Review and checking of documents prepared for the Project by the Company and the Company’s subconsultant(s)

.03 Agency Consulting/Review/Approval services, including:

.01 Agency consultations

.02 Research of critical applicable regulations

.03 Research of community attitudes

.04 Preparation of written and graphic explanatory materials

.05 Appearances on LVMPD’s behalf at agency and community meetings

The services below apply to applicable laws, statutes, regulations and codes of regulating entities and to reviews required of user or community groups with limited or no statutory authority but significant influence on approving agencies and individuals, including:

.06 Local political subdivisions

.07 Planning boards

.08 County agencies

.09 Regional agencies

.10 Federal agencies

.11 User organizations

.12 Community organizations

.13 Consumer interest organizations

.14 Environmental interest groups

.04 LVMPD-Supplied Data Coordination, including:

.01 Review and coordination of data furnished for the Project as supplied by the LVMPD

.02 Assistance in establishing criteria

.03 Assistance in obtaining data, including, where applicable, documentation of existing conditions

.05 Schedule Development/Monitoring services, including:

.01 Establishment of initial schedule for Company’s services, decision-making, design, documentation, contracting and construction, based on determination of scope of Company’s services

.02 Review and update of previously established schedules during subsequent phases

.06 Preliminary Estimate of the Cost of the Work, including:

.01 Preparation of a preliminary estimate of the Cost of the Work

.02 Review and update the preliminary estimate of the Cost of the Work during subsequent phases

.07 Presentation services consisting of presentations and recommendations by the Company to the following client representatives:

.01 LVMPD

.02 Building committee(s)

.03 Staff committee(s)





.04 User group(s)

.05 Governing Body(ies)

.06 Financing entity (entities)

.07 LVMPD’s staff

B. PRE-DESIGN SERVICES

.08 Programming services consisting of consultation to establish and document the following detailed requirements for the Project:

.01 Design objectives, limitations and criteria

.02 Development of initial approximate gross facility areas and space requirements

.03 Space relations

.04 Number of functional responsibilities personnel

.05 Flexibility expandability

.06 Special equipment and systems

.07 Site requirements

.08 Development of a preliminary budget for the Work based on programming and scheduling studies

.09 Operating procedures

.10 Security criteria

.11 Communications relationships

.12 Project schedule

.09 Space Schematics/Flow Diagrams consisting of diagrammatic studies and pertinent descriptive text for:

.01 Conversion of programmed requirements to net area requirements

.02 Internal functions

.03 Human, vehicular and material flow patterns

.04 General space allocations

.05 Analysis of operating functions

.06 Adjacency

.07 Special facilities and equipment

.08 Flexibility and expandability

.10 (Existing Facilities Surveys consisting of researching, assembling, reviewing and supplementing information for Projects involving alterations and additions to existing facilities or determining new space usage in conjunction with a new building program and including:

.01 Photography

.02 Field measurements

.03 Review of existing design data

.04 Analysis of existing structural capabilities

.05 Analysis of existing mechanical capabilities

.06 Analysis of existing electrical capabilities

.07 Review of existing drawings for critical inaccuracies, and the development of required measured drawings

.11 Marketing Studies relating to determination of social, economic and political need for and acceptability of the Project and consisting of:

.01 Determination with LVMPD of the scope, parameters, schedule and budget for marketing studies





.02 Identification, assembly, review and organization of existing pertinent data

.03 Arrangement of clearances for use of existing data

.04 Mail survey studies

.05 Personal survey studies

.06 Analysis of data

.07 Assistance in obtaining computerized analysis and modeling

.08 Computerized analysis and modeling

.09 Preparation of interim reports

.10 Preparation of final report

.11 Assistance production of final report

.12 Economic Feasibility Studies consisting of the preparation of economic analysis and feasibility evaluation of the Project based on estimates of:

.01 Total Project cost

.02 Operation and ownership cost

.03 Financing requirements

.04 Cash flow for design, construction and operation

.05 Return on investment studies

.06 Equity requirements

.13 (NOT APPLICABLE) Project Financing services as required in connection with:

.01 Assistance to LVMPD in preparing and submitting data, supplementary drawings and documentation

.02 Research of financing availability

.03 Direct solicitation of financing sources by the Company

Project financing services are required for:

.04 Development costs

.05 Site control and/or acquisition

.06 Pre-design and site analysis services

.07 Planning, design, documentation and bidding services

.08 Interim or construction financing

.09 Permanent or long-term financing

C. SITE DEVELOPMENT SERVICES

.14 Site Analysis and Selection consisting of:

.01 Identification of potential site(s)

.02 On-site observations

.03 Movement systems, traffic and parking studies

.04 Topography analysis

.05 Analysis of deed, zoning and other legal restrictions

.06 (NOT APPLICABLE) Studies of availability of labor force to staff LVMPD’s facility

.07 (NOT APPLICABLE) Studies of availability of construction materials, equipment and labor

.08 (NOT APPLICABLE) Studies of construction market

.09 Overall site analysis and evaluation

.10 Comparative site studies

.15 Site Development Planning consisting of preliminary site analysis, and preparation and comparative evaluation of conceptual site development designs, based on:





.01 Land utilization

.02 Structures placement

.03 Facilities development

.04 Development phasing

.05 Movement systems, circulation and parking

.06 Utilities systems

.07 Surface and subsurface conditions

.08 Ecological studies

.09 Deeds, zoning and other legal restrictions

.10 Landscape concepts and forms

.16 Detailed Site Utilization Studies consisting of detailed site analyses, based on the approved conceptual site development design, including:

.01 Land utilization

.02 Structures placement

.03 Facilities development

.04 Development phasing

.05 Movement systems, circulation and parking

.06 Utilities systems

.07 Surface and subsurface conditions

.08 Review of soils report

.09 Vegetation

.10 Slope analysis

.11 (NOT APPLICABLE) Ecological studies

.12 Deeds, zoning and other legal restrictions

.13 Landscape forms and materials

.17 On-Site Utility Studies consisting of establishing requirements and preparing initial designs for on-site:

.01 Electrical service and distribution

.02 Gas service and distribution

.03 Water supply and distribution

.04 Site drainage

.05 Sanitary sewer collection and disposal

.06 Process waste water treatment

.07 Strom water collection and disposal

.08 Central-plant mechanical systems

.09 Fire systems

.10 Emergency systems

.11 Security

.12 Pollution control

.13 Site illumination

.14 Communications systems

.18 Off-Site Utility Studies consisting of:

.01 Confirmation of location, size and adequacy of utilities serving the site

.02 Determination of requirements for connections to utilities

.03 (NOT APPLICABLE) Planning for off-site utility extensions and facilities

.04 (NOT APPLICABLE) Design of off-site utility extensions and facilities

.19 (NOT APPLICABLE) Environmental Studies and Reports consisting of:





.01 Determination of need or requirements for environmental monitoring, assessment and/or impact statements

.02 Ecological studies

.03 Preparation of environmental assessment reports

.04 Preparation of environmental impact reports

.05 Attendance at public meetings and hearings

.06 Presentations to governing authorities

.20 Geotechnical Engineering services, including, but not limited to:

.01 Test borings, soil corrosion tests and tests necessary to make recommendations related to the seismic design of the building (Wave Velocity Test is to be included) and any other testing needed to make recommendations that will facilitate the structural design of the recommended foundation system or systems

.02 Reports and appropriate professional recommendations including but not limited to recommendations of viable foundation systems, recommendation of Allowable Soil Bearing pressure, Allowable Passive Pressure, recommendations of Active and At Rest soil pressures, recommendations regarding soil corrosivity and the determinations of the Seismic Site Class,

.21 Site Surveying services, to include:

.01 Furnishing a survey by licensed surveyor, describing the physical characteristics, legal limitations and utility locations for the site of the Project, including a written legal description of the site.

.02 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 side, 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 information shall be referenced to a Project benchmark.

.22 Zoning Processing Assistance consisting of:

.01 Assistance in preparing applications

.02 Development of supporting data

.03 Preparation of presentation materials

.04 Attendance at public meetings and hearings

D. DESIGN SERVICES

.23 Architecture Design/Documentation:

.01 During the Schematic Design Phase, responding to program requirements and preparing:

.01 Review of LVMPD’s Program and Budget

.02 Conceptual site and building plans

.03 Preliminary sections and elevations

.04 Preliminary selection of building systems and materials





.05 Development of approximate dimensions, areas and volumes

.06 Perspective sketch(es)

.07 Study model(s)

.02 During the Design Development Phase consisting of continued development expansion of Architecture Schematic Design Documents to establish the final scope, relationships, forms, size and appearance of the Project through:

.01 Plans, sections and elevations

.02 Typical construction details

.03 Three-dimensional sketch(es)

.04 Study model(s)

.05 Final materials selection

.06 Equipment layouts

.03 During the Contract Documents Phase consisting of preparation of Drawings based on approved Design Development Documents setting forth in detail the architectural construction requirements for the Project.

.24 Structural Design/Documentation:

.01 During the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for:

.01 A predetermined structural system

.02 Alternate structural systems

.02 During the Design Development Phase consisting of continued development of the specific structural system(s) and Schematic Design Documents in sufficient detail to establish:

.01 Basic structural system and dimensions

.02 Final structural design criteria

.03 Foundation design criteria

.04 Preliminary sizing of major structural components

.05 Critical coordination clearances

.06 Outline Specifications or materials lists

.03 During the Contract Documents Phase consisting of preparation of final structural engineering calculations, Drawings and Specifications based on approved Design Development Documents, setting forth the detail the structural construction requirement for the Project.

.25 Mechanical Design/Documentation:

.01 During the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for:

.01 Energy source(s)

.02 Energy conservation

.03 Heating and ventilating

.04 Air conditioning

.05 Plumbing





.06 Fire protection (limited to performance specifications)

.07 General space requirements

.02 During the Design Development Phase consisting of continued development expansion of mechanical Schematic Design Documents and development of outline Specifications or materials lists to establish:

.01 Approximate equipment sizes and capacities

.02 Preliminary equipment layouts

.03 Required space for equipment

.04 Required chases and clearances

.05 Acoustical and vibration control

.06 Visual impacts

.07 Energy conservation measures

.03 During the Contract Documents Phase consisting of preparation of final mechanical engineering calculations, Drawings and Specifications based on approved Design Development Documents, setting forth in detail the mechanical construction requirements for the Project.

.26 Electrical Design/Documentation:

.01 During the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of conceptual solutions for:

.01 Power service and distribution

.02 Lighting

.03 Telephones

.04 Fire detection and alarms (limited to performance specifications)

.05 Security systems

.06 Electronic communications

.07 Special electrical systems

.08 General space requirements

.02 During the Design Development Phase consisting of continued development expansion of electrical Schematic Design Documents and development of outline Specifications or materials lists to establish:

.01 Criteria for lighting, electrical and communications systems

.02 Approximate sizes and capacities of major components

.03 Preliminary equipment layouts

.04 Required space for equipment

.05 Required chases and clearances

.03 During the Contract Documents Phase consisting of preparation of final electrical engineering calculations, Drawings and Specifications based on approved Design Development Documents, setting forth in detail the electrical requirements for the Project.

.04 Arc Flash Analysis and Design Services are included and provided by Company

.27 Civil Design/Documentation:

.01 During the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for:





.01 On-site utility systems

.02 Fire protection systems (limited to performance specifications)

.03 Drainage systems

.04 Paving

.02 During the Design Development Phase consisting of continued development and expansion of Civil Schematic Design Documents and development of outline Specifications or materials lists to establish the final scope of and preliminary details for on-site and off-site civil engineering work.

.03 During the Contract Documents Phase consisting of preparation of final civil engineering calculations, Drawings and Specifications based on approved Design Development Documents, setting forth in detail the civil construction requirements for the Projects.

.28 Landscape Design/Documentation:

.01 During the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment and development of conceptual design solutions for land forms, hardscape and landscape based on program requirements, physical site characteristics, design objectives and environmental determinants.

.02 During the Design Development Phase consisting of continued development and expansion of landscape Schematic Design Documents and development of outline Specifications or materials lists to establish final scope and preliminary details for landscape work.

.03 During the Contract Documents Phase consisting of preparation of Drawings and Specifications based on approved Design Development Documents, setting forth in detail the landscape requirements for the Project.

.29 Interior Design/Documentation:

.01 During the Schematic Design Phase consisting of space allocation and utilization plans based on functional relationships, consideration of alternate materials, systems and equipment development conceptual design solutions for architectural, mechanical, electrical and equipment requirements in order to establish:

.01 Partition locations

.02 Furniture and equipment layouts

.03 Types and qualities of finishes and materials for furniture, furnishings and equipment

.02 During the Design Development Phase consisting of continued development and expansion of interior Schematic Design Documents and development of outline Specifications or materials lists to establish final scope and preliminary details relative to:

.01 Interior construction of the Project

.02 Special interior design features

.03 Furniture, furnishings and equipment selections

.04 Materials, finishes and colors





.03 During the Contract Documents Phase consisting of preparation of Drawings, Specifications and other documents based on approved Design Development Documents, setting forth the detail the requirements for interior construction and for furniture, furnishings and equipment for the Project.

.30 Special Design/Documentation, including:

.01 Preparation and coordination of special Drawings and Specifications for obtaining bids or prices on alternate subdivisions (additive alternates) of the Work.

.02 Preparation and coordination of special Drawings and Specifications for obtaining alternate bids or prices on changes in the Scope of Work.

.03 Preparation and coordination of Drawings, Specifications, Bidding Documents and schedules for out-of-sequence bidding or pricing of subdivisions of the Work.

.04 Preparation and coordination of Drawings, Specifications and Bidding Documents for multiple prime contracts for subdivisions of the Work.

.31 Materials Research/Specifications:

.01 During the Schematic Design Phase consisting of:

.01 Identification of potential architectural materials, systems and equipment and their criteria and quality standards consistent with the conceptual design

.02 Investigation of availability and suitability of alternative architectural materials, systems and equipment

.03 Coordination of similar activities of other disciplines

.02 During the Design Development Phase consisting of activities by LVMPD’s architectural staff in:

.01 Presentation of proposed General and Supplementary Conditions of the Contract for LVMPD’s approval

.02 Development of architectural outline Specifications or itemized lists and brief form identification of significant architectural materials, systems and equipment, including their criteria and quality standards

.03 Coordination of similar activities of other disciplines

.04 Production of design manual including design criteria and outline Specifications or materials lists

.03 During the Contract Documents Phase consisting of activities of LVMPD’s architectural staff in:

.01 Assistance to the LVMPD in development and preparation of bidding and purchasing information which describes the time, place and conditions of bidding, bidding forms, and the form(s) of Contract between the LVMPD and Contractor(s)

.02 Assistance to the LVMPD in development and preparation of the Conditions of the Contract (General, Supplementary and other Conditions)

.03 Development and preparation of architectural Specifications describing materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the Project

.04 Coordination of the development of Specifications by other disciplines





Compilation of Project Manual including Conditions of the Contract, bidding and procurement information and Specifications

E. BIDDING OR NEGOTIATION SERVICES

.32 Bidding Materials services consisting of organizing and handling Bidding Documents for:

.01 Coordination

.02 Reproduction

.03 Completeness review

.04 (NOT APPLICABLE) Distribution to potential bidders (Planholders)

.05 (NOT APPLICABLE) Distribution records

.06 (NOT APPLICABLE) Retrieval

.07 (NOT APPLICABLE) Receipt and return of document deposits

.08 (NOT APPLICABLE) Review, repair and reassembly of returned materials

.33 Addenda services consisting of preparation of Addenda information as may be required during bidding or negotiations and including supplementary Drawings, Specifications, instructions and (NOT APPLICABLE) notice(s) of changes in the bidding schedule and procedure. Distribution of Addenda performed by LVMPD Purchasing.

.34 Bidding/Negotiation services consisting of:

.01 Assistance of LVMPD in establishing list of Bidders or Proposers

.02 (NOT APPLICABLE) Prequalification of Bidders or Proposers

.03 Participation in pre-bid conferences

.04 Responses to LVMPD regarding questions received from Bidders or Proposers and clarifications or interpretations of the Bidding Documents

.05 Attendance at bid opening(s)

.06 (NOT APPLICABLE) Documentation and distribution of bidding results

.35 Analysis of Alternates/Substitutions consisting of consideration, analyses, comparisons, and recommendations relative to alternates or substitutions proposed by Bidders or Proposers either prior or subsequent to receipt of Bids or proposals.

.36 Special Bidding services consisting of:

.01 Attendance at bid openings, participation in negotiations, and documentation of decisions of multiple contracts or phased Work

.02 Technical evaluation of proposals for building systems

.03 Participation in detailed evaluation procedures for building systems proposals

.37 (NOT APPLICABLE) Bid Evaluation services consisting of:

.01 Validation of bids or proposals

.02 Participation in review of bids or proposals

.03 Evaluation of bids or proposals

.04 Recommendation on award of Contract(s)

.05 Participation in negotiations prior to or following decisions on award of the Contract(s)

.38 Contract Award services consisting of:

.01 (NOT APPLICABLE) Notification of Contract award(s)





.02 (NOT APPLICABLE) Assistance in preparation of Construction Contract forms for approval by LVMPD

.03 Preparation of sets of Contract Documents

.04 (NOT APPLICABLE) Receipt, distribution and processing, for LVMPD’s approval of required certificates of insurance, bonds and similar documents

.05 Preparation and distribution to Contractor(s), on behalf of the LVMPD, of notice(s) to proceed with the Work

F. CONTRACT ADMINISTRATION SERVICES

.39 Submittal Services consisting of:

.01 Processing of submittals, including receipt, review of, and appropriate action of Shop Drawings, Project Data, Samples and other submittals required by the Contract Documents

.02 Distribution of submittals to LVMPD, Construction Contractor and/or Company’s field representative as required

.03 Maintenance of master file of submittals

.04 Related communications

.40 Observation Services consisting of visits to the site at intervals appropriate to the stage of the work or as otherwise agreed by the LVMPD and Company in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work when completed will be in accordance with Contract Documents; preparing related reports and communications.

.41 Extended Project Representation consisting of selection, employment and direction of:

.01 Project Representative(s), in addition to the Observation Services described in F .40 above, who shall be present on the Project site approximately 16 hours per week beginning with the General Contractor’s Notice to Proceed and continuing until issuance of a Certificate of Substantial Completion, to observe the progress of Construction, prepare reports for each site visit and facilitate the delivery of Contract Administration services described herein.

.42 Testing and Inspection Administration relating to independent inspection and testing agencies, consisting of:

.01 Administration and coordination of field testing required by the Contract Documents

.02 Recommending scope, standards, procedures and frequency of testing and inspections

.03 Arranging for testing and inspection on LVMPD’s behalf

.04 Notifying inspection and testing agencies of status of Work requiring testing and inspection

.05 Evaluating compliance by testing and inspection agencies with required scope, standards, procedures and frequency

.06 Review of reports on inspections and test and notification to LVMPD and Construction Contractor(s) of observed deficiencies in the Work

.43 Supplemental Documentation services consisting of:

.01 Preparing, reproduction and distribution of supplemental Drawings, Specifications and interpretations in response to requests for clarification by Construction Contractor(s) or the LVMPD





.02 Forwarding LVMPD’s instructions and providing guidance to the Construction Contractor(s) on the LVMPD’s behalf relative to changed requirements and schedule revisions

.44 Quotation Requests/Change Orders consisting of:

.01 Preparation, reproduction and distribution of Drawings and Specifications to describe Work to be added, deleted or modified

.02 Review of proposals from Construction Contractor(s) for reasonableness of quantities and costs of labor and materials

.03 Review and recommendations relative to changes in time for Substantial Completion

.04 Negotiations with Construction Contractor(s) on LVMPD’s behalf relative to costs of Work proposed to be added, deleted or modified

.05 Assisting in the preparation of appropriate Modifications of the Contract(s) for Construction

.06 Coordination of communications, approvals, notifications and record-keeping relative to changes in the Work

.45 Contract Cost Accounting services consisting of:

.01 Maintenance of records of payments on account of the Contract sum and all changes thereto

.02 Evaluation of Applications for Payment and certification thereof

.03 Review and evaluation of expense data submitted by the Construction Contractor(s) for Work performed under cost-plus-fee arrangements

.46 Furniture, Furnishings and Equipment Installation Administration consisting of:

.01 Assistance to the LVMPD in coordinating schedules for delivery and installation of the Work

.02 Review of final placement and inspection for damage, quality, assembly and function to determine that furniture, furnishings and equipment are in accordance with the requirements of the Contract Documents

.47 Interpretations and Decisions consisting of:

.01 Review of claims, disputes or other matters between the LVMPD and Contractor relating to the execution or progress of the Work as provided in the Contract Documents

.02 Rendering written decisions within a reasonable time and following the procedures set forth in the General Conditions of the Contract for Construction or the General Conditions of the Contract, for Furniture, Furnishings and Equipment and for Resolution of Claims and disputes

.48 Project Closeout services initiated upon notice from the Construction Contractor(s) that the Work, or a designated portion thereof which is acceptable to the LVMPD, is sufficiently complete, in accordance with the Contract Documents, to permit occupancy or utilization for the use for which it is intended, and consisting of:

.01 A detailed inspection with the LVMPD’s representative for conformity of the Work to the Contract Documents to verify the list submitted by the Construction Contractor(s) of items to be completed or corrected

.02 Determination of the amounts to be withheld until final completion





.03 Securing and receipt of the consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment(s)

.04 Issuance of Certificate(s) of Substantial Completion

.05 Inspection(s) upon notice by the Construction Contractor(s) that the Work is ready for final inspection and acceptance

.06 Notification to LVMPD and Construction Contractor(s) of deficiencies found in follow-up inspection(s), if any

.07 Final inspection with the LVMPD’s representative to verify final completion of the Work

.08 Receipt and transmittal of warranties, affidavits, receipts, releases and waivers of liens or bonds indemnifying the LVMPD against liens

.09 Securing and receipt of consent of surety or sureties, if any, to the making of final payment(s)

.10 Issuance of final Certificate(s) for Payment

G. POST-CONTRACT SERVICES

.49 Maintenance and Operational Programming services consisting of:

.01 Assistance in the establishment by the LVMPD of in-house or contract program(s) of operation and maintenance of the physical plant and equipment

.02 Arranging for the coordinating instructions on operations and maintenance of equipment in conjunction with manufacturer’s representatives

.03 Assistance in the preparation of operations and maintenance manual(s) for the LVMPD’s use

.50 Start-Up Assistance consisting of:

.01 On-site assistance in the operation of building systems during initial occupancy

.02 Assistance in the training of the LVMPD’s operation and maintenance personnel in proper operations, schedules and procedures

.03 Administration and coordination of remedial work by the Construction Contractor(s) after final completion

.51 Record Drawing services consisting of:

.01 Making arrangements for obtaining from Construction Contractor(s) information in the form of marked-up prints, drawings and other data certified by them on changes made during performance of the Work

.02 Review of general accuracy of information submitted and certified by the Construction Contractor(s)

.03 Preparation of record drawings based on certified information furnished by the Construction Contractor(s)

.04 Transmittal or record drawings and general data, appropriately identified, to the LVMPD and others as directed

.52 Warranty Review consisting of:

.01 Consultation with recommendation to the LVMPD during the duration of warranties in the connection with inadequate performance of materials, systems and equipment under warranty

.02 Inspection(s) prior to expiration of the warranty period(s) to ascertain adequacy of performance of materials, systems and equipment

.03 Documenting defects or deficiencies and assisting the LVMPD in preparing instructions to the Construction Contractor(s) for correction of noted defects





.53 Post-Contract Evaluation consisting of a Project Inspection at least one year after completion of the Work; review with appropriate supervisory, operating and maintenance personnel, and analysis of operating costs and related data for evaluation of:

.01 The initial Project programming versus actual facility use

.02 The functional effectiveness of planned spaces and relationships

.03 The operational effectiveness of systems and materials installed

H. SUPPLEMENTAL SERVICES

.54 Special Studies consisting of investigation, research and analysis of the LVMPD’s special requirements for the Project and documentation of findings, conclusions and recommendations for:

.01 Master planning to provide design services relative to further facilities, systems and equipment which are not intended to be constructed as part of the Project during the Construction Phase

.02 Providing special studies for the Project such as analyzing acoustical or lighting requirements, record retention, communications and security systems

.55 Tenant-Related Services consisting of design and documentation services for tenants or potential tenants relating to:

.01 Space planning, partition and furnishings locations, and furniture and equipment layouts

.02 Material and color selections and coordination

.03 Adaptation of mechanical, electrical and other building systems to meet tenant needs

.04 Preliminary estimate of Construction Cost

.56 Special Furnishings Design services relating to Company-designed special furnishings and/or equipment incorporated into or provided for the Project and consisting of:

.01 Design and documentation

.02 Specifications or standards

.03 Management of procurement

.04 Coordination of installation

.05 Purchase on the LVMPD’s behalf

.57 Furniture, Furnishings and Equipment Services relating to equipment and furnishings not incorporated into the construction of the Project and consisting of:

.01 Establishment of needs and criteria

.02 Preparation of requirements, Specifications and (NOT APPLICABLE) bidding or purchasing procedures

.03 (NOT APPLICABLE) Management of procurement

.04 Coordination of delivery and installation

.58 Special Disciplines Consultation, which entails retaining, directing and coordinating the work of special disciplines consultants identified from the following list, whose specialized training, experience and knowledge relative to specific elements and features of the Project are required for the Project:

.01 Acoustics .14 Elevators/Escalators .27 Public Relations





.02 Audio-Visual .15 Fallout Shelters .28 Radiation Shielding

.03 CPM Scheduling .16 Financial .29 Real Estate

.04 Code Interpretation

.17 Fire Protection .30 Reprographics

.05 Communications .18 Food Service .31 Safety

.06 Computer Technology

.19 Insurance .32 Sociology

.07 Concrete .20 Historic Preservation .33 Soils/Foundations

.08 Cost Estimating .21 Legal .34 Space Planning

.09 Demography .22 Life Safety .35 Specifications

.10 Display .23 Lightning .36 Traffic/Parking

.11 Ecology .24 Management .37 Transportation

.12 Economics .25 Materials Handling .38 Security

.13 Editorial .26 Psychology .39 Record Retention

.59 Special Building Type Consultation, which entails retaining, directing and coordinating the work of special building type consultants whose specialized training, experience and knowledge relative to the requirements, planning and design of the Project are required for the Project.

.60 Fine Arts and Crafts services relating to acquisition of fine arts or crafts to be a part of the Project and consisting of:

.01 Consultations on selection, commissioning and/or execution

.02 Design integration

.03 (NOT APPLICABLE) Managing procurement

.04 (NOT APPLICABLE) Purchasing fine arts or crafts on the LVMPD’s behalf

61. Graphic Design services consisting of:

.01 Design and selection of interior and exterior signs and identifying symbols

.02 Material and color selections and coordination

.03 Documentation of requirements for procurement of graphics work

.04 (NOT APPLICABLE) Managing procurement of graphics work

.05 Coordination of delivery and installation

.62 Renderings relating to graphic pictorial representations, as required by the LVMPD, of the proposed Project and consisting of:

.01 Black and white elevation view(s)

.02 Black and white perspective view(s)

.03 Elevation view(s) in color

.04 Perspective view(s) in color

.63 Model Construction consisting of preparation of:

.01 Small-scale block model(s) showing relationship of structure(s) to site

.02 Moderate-scale block model(s) of structure(s) designed for the Project

.03 Moderate-scale detailed model(s) of structure(s) designed for the Project showing both interior and exterior design

.04 Large-scale models of designated interior or exterior components of the Project

.64 Still Photography consisting of:

.01 Documentation of existing conditions





.02 Aerial site photography

.03 Photographic recording for study purposes of facilities similar to the Project

.04 Periscope photography of model(s) for the Project

.05 Presentation photography of rendering(s) and model(s) for the Project

.06 Construction progress photography

.07 Architectural photography of the completed Project

.65 Motion Picture and Videotape services relating to preparation of promotional or explanatory presentations of the Project during the design and/or construction phases.

.66 Life Cycle Cost Analysis consisting of assessment, on the basis of established relevant economic consequences over a given time period, of:

.01 A given planning and design solution for the Project

.02 Alternative planning and design solutions for the Project

.03 Selected systems, subsystems or building components proposed for the Project

.67 Value Analysis consisting of the review during design phases of the cost, quality and time influences of proposed building materials, systems and construction methods relative to design objectives in order to identify options for obtaining value for the LVMPD.

.68 Energy Studies consisting of special analyses of mechanical systems, fuel costs, on-site energy generation and energy conservation options for the LVMPD’s consideration.

.69 Quantity Surveys consisting of:

.01 A detailed determination of the quantities of materials to be used in the Project to establish the basis for the price determination by bidding or negotiations

.02 Making investigations, inventories of materials or furniture, furnishings and equipment, or valuations and detailed appraisals of existing facilities, furniture, furnishings and equipment, and the relocation thereof

.70 Detailed Cost Estimating services consisting of:

.01 Development, when the Contractor Documents are approximately 95% complete, of a Detailed Estimate of the Cost of the Work based on quantity take-offs and unit-cost pricing of materials, labor, tools, equipment and services required for the Work plus estimates for the Construction Contractor’s supervision cost, Work required by General and Supplementary Conditions, and an allowance for reasonable Construction Contractor’s overhead and profit; or

.02 Continuous development during all phases of design and documentation, of an Estimate of the Cost of the Work for the purpose of greater cost control, culminating in a Detailed Estimate of the Cost of the Work or detailed quantity surveys or inventories of material, equipment and labor

.71 Environmental Monitoring services consisting of:

.01 Monitoring of air, water and other designated components of the environment to establish existing conditions, and the preparation of related analyses and reports

.72 Expert Witness services consisting of preparing to serve and/or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding.

.73 Materials and Systems Testing relating to testing of components of the completed Project for conformance with Contract requirements and consisting of:





.01 Establishment of requirements

.02 Procurement of testing services

.03 Monitoring testing

.04 Review, analysis and reporting of test results

.74 Demolition Services consisting of:

.01 Preparation of Contract Documents for demolition of existing structures

.02 (NOT APPLICABLE) Managing the bidding/negotiation/award process

.03 Providing field observation and general administration services during demolition

.75 Mock-Up Services relating to the construction of full-size details of components for the Project for study and testing during the design phases and consisting of:

.01 Design and documentation for the required mock-up(s)

.02 Management and coordination of pricing and contracting for mock-up services

.03 Construction administration of mock-up construction activities

.04 Arrangement for testing and monitoring performance of mock-up(s)

.05 Administration of testing and monitoring services

.06 Review, analysis and reporting of results of testing and monitoring services

.76 Coordination of Designated Services with those of non-design professionals, such as economists, sociologists, attorneys and accountants, consisting of:

.01 Preparation of economic studies

.02 Condominium documentation

.03 Sociological impact studies

.77 Furniture, Furnishings and Equipment Purchasing/Installation, consisting of:

.01 (NOT APPLICABLE) Purchasing furniture, furnishings and equipment on behalf of the LVMPD with funds provided by the LVMPD

.02 Receipt, inspection and acceptance on behalf of the LVMPD of furniture, furnishings, and equipment at the time of their delivery to the premises and installation

.03 Providing services including travel for the purpose of evaluating materials, furniture, furnishings and equipment proposed for the Project

.78 Computer Applications related to performing the work of this Project, consisting of computer program development and/or computer program search and acquisition, plus on-line computer time charges, for:

.01 Programming .06 Detailed Project scheduling

.10 Mechanical analysis and design

.02 Economic feasibility .07 Market analysis .11 Electrical analysis and design

.03 Financial analysis .08 Architectural analysis and design

.12 Production of Drawings

.04 Site analysis .09 Structural analysis and design

.13 Construction cost accounting

.05 Construction cost estimating





Under no circumstances can computer hardware or software be a deliverable of this Contract.

.79 Project Promotion/Public Relations relating to presentation of the Project to the public or identified groups and consisting of:

.01 Preparation of press releases

.02 Preparation of special brochures and/or promotional pieces

.03 Assistance in production and distribution of promotional materials

.04 Presentations at public relations and/or promotional meetings

.80 Leasing Brochures, including preparation of special materials to assist the LVMPD in leasing the Project and consisting of:

.01 Design

.02 Preparation of illustrations and text

.03 Arranging for and managing production

.81 Pre-Contract Administration/Management, consisting of:

.01 Evaluating feasibility of LVMPD’s program, schedule and budget of the Work, each in terms of the other

.02 Preparing, updating and monitoring Detailed Project Schedule, including services and contract Work, identifying critical and long-lead items

.03 Preparing, updating and monitoring Detailed Estimates of the Cost of the Work prior to completion of each design phase

.04 Assisting the LVMPD in selecting, retaining and coordinating the professional services of surveyors, testing labs and other special consultants as designated

.05 Assisting the LVMPD in evaluating relative feasibility of methods of executing the Work, methods of Project delivery, availability of materials and labor, time requirements for procurement, installation and delivery, and utilization of the site for mobilization and staging

.06 Assisting the LVMPD in determining the method of contracting for the Work; evaluating single versus multiple contracts; advising on categories of separate contracts and provisions for coordinating responsibilities

.82 Extended Bidding services, consisting of:

.01 Developing Bidders’ interest in the Project and (NOT APPLICABLE) establishing bidding schedules

.02 (NOT APPLICABLE) Receiving and analyzing bids and providing recommendations as to the LVMPD’s acceptance or rejection of bids

.03 (NOT APPLICABLE) Advising the LVMPD an acceptance of Construction Contractors

.04 Conducting pre-award conferences (only pre-construction conferences)

.83 Extended Contract Administration/Management, consisting of:

.01 Assisting LVMPD in obtaining building permits

.02 Updating and monitoring actual costs against estimates of final costs; assisting LVMPD in monitoring cash flow

.03 Providing a detailed schedule showing time periods for each Construction Contractor, including long-lead items and LVMPD’s occupancy requirements; updating and monitoring periodically; recommending corrective action when required





.04 Endeavoring to achieve satisfactory performance of Construction Contractors through development and implementation of a quality control program; assisting LVMPD in determining compliance with schedule, cost and Contract Documents

.05 Scheduling and conducting periodic Project meetings with the LVMPD, Construction Contractor and Subcontractors

.06 Assisting LVMPD in maintaining cost accounting records

.07 Maintaining a daily log including conditions at site and job progress, periodically including percentage of completion of each contract

.08 Assisting the LVMPD in coordinating and scheduling activities of the separate Construction Contractors

.09 Maintaining and periodically updating a record of all significant changes made during construction; maintaining record copies of Contract Documents; maintaining samples and lay-out drawings at the job site

.84 Quality Assurance Special Inspection Matrix

.01 Prepare for any necessary materials testing or special inspections.

.85 Legal Descriptions of Right of Way(s)

.01 Prepare as necessary for Project.

.86 Warranty Matrix Spreadsheet

.01 Prepare showing all warranties required, terms, dates and products set up by the most current 49 Division Master format system.

.87 Sequence of Controls

.01 Prepare detailed sequence of controls for all mechanical and control systems.

.88 Application for Emissions-Producing Equipment

.01 Prepare and submit an application for authority to construct and operate all required emissions-producing equipment.

.89 Parcel Map

.01 Develop, submit, and obtain parcel map to create separate parcel from main parcel.

.90 Accessibility Regulations,

.01 Determine accessibility regulations, design toward them, and create a checklist.

.91 Title Report

.01 Provide Title Report to use information contained in title report to determine site constraints and design development.

.92 Energy Rebates and Energy Programs

.01 Prepare and submit applications on behalf of LVMPD, for energy rebates and programs.


EXHIBIT A-6 REQUIRED SUBMITTALS



The Company shall provide the following submittals, delivered to the LVMPD unless noted otherwise. Reference the entire Contract and other Exhibits for additional submittals and requirements.

1. PRE-DESIGN PHASE

.01 Design Schedule

.02 Space Program

.03 Space Schematic/Flow Diagram

.04 (NOT APPLICABLE) Existing Facilities Survey

.05 (NOT APPLICABLE) Marketing Studies

.06 (NOT APPLICABLE) Economic Feasibility Studies

.07 (NOT APPLICABLE) Project Financing

2. SITE ANALYSIS PHASE

.01 Geotechnical Report

.02 Site Survey

.03 (NOT APPLICABLE) Hazardous Material Survey

.05 (NOT APPLICABLE) Operating Cost Analysis

.06 (NOT APPLICABLE) LEED Credits Report

.07 Site Utilization Report

.08 Construction Cost Estimate

.09 Conceptual Design Drawings

3. SCHEMATIC DESIGN PHASE

.01 Schematic Design Drawings and Specification Outline



4. DESIGN DEVELOPMENT PHASE

.01 Drawings and Specifications

.02 Presentation Drawings, mounted

.03 Materials Board

.04 Flood/Hydrology Report draft, if required by governing authorities



5. CONSTRUCTION DOCUMENT PHASE

.01 If required by governing authorities, Flood/Hydrology Reports submitted to Regional Flood Control and Clark County Land Development Section, and written notice to the LVMPD of the submittal dates for each.

.02 If required by governing authorities, Traffic Study submitted to jurisdictional Traffic/Electrical Field Operations Section, and written notice to the LVMPD of the submittal date.

.03 Nevada Power, Centurylink, and Las Vegas Valley Water District applications to their design departments, and written notice to the LVMPD of the submittal dates for each.

.04 Construction Drawings and Specifications as described in the Scope of Services (Exhibit A) at 60%, 95%, and 100% completion, utilizing the LVMPD’s standard cover sheet and title block, including Construction Cost Estimates with 60%, 95% and 100% submittals.

.05 Exterior Light Fixture Cut Sheets at 95% Submittal.

.06 Building Permit Application.

.07 Building Department and Land Development plan review permit applications.

.08 Construction Drawings and Specifications ready for issuance of all required permits and printing for bidding phase distribution, which incorporate all governmental, agency, and utility company design comments and corrections.


EXHIBIT A-6 REQUIRED SUBMITTALS



.09 Table of Contents listing Sections 1 through 50, with print date indicated (if sections have different dates, individual dates must be indicated for each section).

.10 Drawing list with sheet title and issue date for each sheet.

.11 Specifications contributing authors’ stamp and signature sheet.

.12 Operating Cost Analysis, as required by NRS 338.190 if an occupied building over 20,000 square feet.

.13 (NOT APPLICABLE) LEED Credits Report.

6. BIDDING OR NEGOTIATIONS PHASE

.01 3 conformed sets, individually rolled, hard copies of Bid Sets of Drawings;

.02 3 hard copy sets of Special Provisions, CSI Divisions 02 through 49; and

.03 2 CD’s of Bid Sets of Drawings and Special Provisions CSI Divisions 02 through 49 (CD’s shall be in an approved format designated by the LVMPD).

.04 Requested and necessary addenda.

7. CONTRACT ADMINISTRATION SERVICES

.01 If requested by the Construction Contractor (including its subcontractors acting through the Construction Contractor), provide the Construction Contractor with copies of the drawings including the civil topography, survey, horizontal control, and other related design work produced by the Company under this Contract, in AutoCAD file format suitable for use by the Construction Contractor for its intended use including field survey layout work for the Project. The Company shall make this a contractual obligation of its subconsultant(s). The Company may require the Construction Contractor to sign a hold harmless agreement as a condition for releasing the electronic files.

.02 Meeting Minutes

.03 Drainage Compliance Report

.04 (NOT APPLICABLE) LEED Credits Reports

.05 The final record drawings (as built) copy, version, revision and/or modification of required plats; plans; and drawings of the Project and electronic files.

.06 Electronic copies of all construction submittals.

.07 Electronic copies of all contractor furnished warranties, operating manuals and service manuals. ,08 Electronic copies of all field observation reports and punch lists. .09 One electronic copy of approved shop drawings and submittals shall be provided to LVMPD Facilities, prior

to the completion of the Project.

8. POST-CONTRACT SERVICES

.01 Final Record Drawings in both electronic and paper format

.02 (NOT APPLICABLE) LEED Credits Reports and Certification

9. SUPPLEMENTAL SERVICES

.01 (NOT APPLICABLE) Renderings relating to graphic pictorial representations, as required by the LVMPD, of the proposed Project

.02 (INCLUDED IN BASIC SERVICES) Cost Estimates

.03 (NOT APPLICABLE) Quality Assurance (QAA) Special Inspection Matrix

.04 (NOT APPLICABLE) Legal Descriptions

.05 (NOT APPLICABLE) Warranty Matrix

.06 (NOT APPLICABLE) Sequence of Controls

.07 (NOT APPLICABLE) Accessibility Checklist


19 26 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 2 9 16 23

March April May June July August September October November December January February March April May June July August September October November December

2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019

LEGEND

KGA Architecture

Owner

Agencies

Construction

Civil

Milestones

Notice to Proceed4/1/18

Schematic Design4/2/18

50 Days5/21/18

Filing Deadline for County Planning4/25/18

Owner Review5/21/18

15 Days6/4/18

Design Development6/4/18

65 Days8/7/18

*** Agency Dates and Construction Durations areestimates only, actual time may vary***Planning Commission

6/19/18Board of County Commissioners (if required)

7/18/18Owner Review

8/7/1815 Days

8/21/18

Construction Documents8/21/18

65 Days10/24/18

Owner Review10/24/18

15 Days11/7/18

Incorporate Owner's Comments11/7/18

15 Days11/21/18

***Clark County Building Department Review / Approval11/21/18

62 Days1/21/19

Advertise, Bidding, Award Contract, Notice to Proceed2/25/19

66 Days5/1/19

Construction5/1/19 11/29/19

***213 DaysBoundary and Topographic Survey

4/2/1829 Days

4/30/18

Drainage and Traffic Studies4/16/18

127 Days8/20/18

Civil Improvement Plans6/5/18

193 Days12/14/18

***CNLV Water Plan Review6/5/18

149 D10/31/18

***Clark County Public Works Review / Approval12/14/18

74 Days2/25/19

149 Days

February 15, 2018

Exhibit A-7 Design SchedulesDocuSign Envelope ID: EBB06C1F-AECF-475A-9EE9-EB814E044FF7

EXHIBIT A-8 DESIGN COMPANY-SPECIFIC ADDITIONAL TERMS AND CONDITIONS



I. (NOT APPLICABLE) PROJECT MEETINGS

A. Administrative and procedural requirements for project meetings, including, but not limited to, following:

1. Pre-Design Scheduling Conference (During Contract Negotiations)2. Design Baseline Schedule Review Conference3. Progress meetings

1. PRE-DESIGN SCHEDULING CONFERENCE (COMPLETED PRIOR TO AWARD OFCONTRACT):

A. The Company and LVMPD scheduled a Pre-Design Conference before the award of the Contract. The conference was held at a convenient location approved by the LVMPD.

B. The LVMPD and Company conducted the meeting and review with the Company their responsibilities and personnel assignments.

C. Attendees: Authorized representatives of the LVMPD, Company and its subconsultants, Company’s scheduler, and other concerned parties. Participants at conference become familiar with Project and authorized to conclude matters relating to the design.

D. The LVMPD provided the Company with a standard scheduling template.

E. Agenda: Discussed items of significance, including, but not limited to the following:

1. Team Introduction (including the Company(S) scheduler)2. Project Overview3. Project Communication4. Authorities and Responsibilities5. Progress Meetings6. Design Schedule Requirements7. Standard Design Schedule Template8. Submittal Requirements and Review Procedures9. Time Extension Procedures10. Request for Information Procedures11. Substantial Completion

2. DESIGN BASELINE SCHEDULE REVIEW CONFERENCE:

A. Within the first 10 calendar days of the Contract approval, authorized representatives of the LVMPD, Company and its subconsultants, manufacturers, suppliers, and other concerned parties will meet for the specific purpose of reviewing the Project’s Design Baseline Schedule.

B. Agenda: Discuss items of significance, including, but not limited to the following:

1. Team Introduction2. Introduction of the Design Consultants scheduler3. Project Overview and Periods of Performance4. Project Communication5. Design Schedule Requirements6. Standard Design Schedule Template7. Project Milestones8. Design Deliverables9. Submittal Requirements and Review Procedures10. Establish the timing of Progress Updates and Meetings

3. PROGRESS MEETINGS:





A. The Company will conduct (TBD) weekly or bi-weekly progress meetings at a day and time set by the LVMPD as required to keep the project on schedule, to review progress, and to solve or avert potential problems. Minutes of meeting will be distributed to the attendees by the end of the next business day. Revisions or corrections are to be returned within two working days of receiving the minutes.

B. Attendees: Representatives from the LVMPD and Company will be represented at these meetings. Participants at the conference will be familiar with Project and authorized to conclude matters relating to the Work.

C. Company will present, discuss the progress since the last meeting; determine where each activity is in relation to Project Approved Baseline Schedule, whether on time or ahead or behind schedule; determine how the activities behind schedule will be expedited; secure commitments from parties involved to do so; discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within Contract time.

D. Agenda: Discuss items of significance, including, but not limited to the following:

1. Review and correct or approve minutes of previous progress meeting.2. Review other items of significance that could affect progress.3. Review and current status of the Company’s (TBD) 30 calendar day work plan.4. Review of the Company’s near term deliverables.5. Include other topics for discussion as appropriate to status the Project.6. Initiate whatever actions are necessary to resolve impediments to perform the

Work.

II. (NOT APPLICABLE) GENERAL

A. Administrative and procedural requirements for schedules required for proper performance of Work including, but not limited to the following:

1. PROGRESS OF WORK

A. It is understood and acknowledged by all parties that the Work cannot be efficiently managed without the use of a Design Schedule, updated frequently and utilized by the Company for the planning, management and coordination of the Work. It is further acknowledged that the LVMPD will be made aware of any event or circumstance that negatively affects the Company’s ability to complete the project as agreed in the LVMPD approved Baseline Schedule in Exhibit A-7. The Work will be executed with such progress as required to prevent any delay to the completion of the Contract. Therefore, all requirements of this Contract as to scheduling and reporting, as well as time limits for completion of the Work, are of the essence.

2. SCHEDULE METHODOLOGY

A. The scheduling method to be used shall be a Critical Path Method schedule in the form of an activity on node Precedence Diagram Network (PDN) with capabilities of identifying the critical path.

B. The scheduling system to be utilized will be a Primavera scheduling solution. These include, Project Planner Version 3.1 or later, Primavera Suretrak 3.0, Primavera Contractor, or Primavera P6 or later. This will be referred to as the Scheduling System. The system will be capable of handling, processing, printing, and plotting data to satisfy all requirements of this Section. The Company will maintain the Scheduling System, the schedule, and the scheduling staff required to support and maintain the system and processes.

3. INTEGRATED PROJECT SCHEDULE TEMPLATE





A. The work assigned to the selected Company represents one of the nine phases typically performed in the life cycle of the projects managed by the LVMPD’s representative (LVMPD Facilities). A critical component of the LVMPD’s project management plan is the coordination and forecasting of the work as it transitions from one phase to the next. To facilitate this coordination the LVMPD has developed a scheduling template integrating each of the phases into a master project plan. All project participates, including the selected. Company shall develop a Baseline Schedule with-in the structure established by the Schedule Template.

B. It is expressly understood the LVMPD’s intent in providing the Schedule Template to the selected Company is not to dictate how the design is performed. The Schedule Template simply provides the frame work and integration points for which the Baseline Schedule is to be developed and maintained.

C. No change, modification, substitution or updating of the Company’s Baseline Schedule will be performed by the Company without explicit written permission by the LVMPD. Acceptance of any such Schedule, report or update by the LVMPD serves only to acknowledge that the Company has fulfilled the contractual requirement to submit the same; in doing so, the LVMPD assumes no responsibility for any loss or damage to the Company and the Company remains solely responsible for the choice of sequences, durations, logic, and procedures reflected therein.

D. The Company, with approval of the LVMPD, will modify the Integrated Project Schedule Template as required to development the Design Schedule for the work in accordance with the requirements of this Section. The purpose of the Design Schedule shall be to:

1. Depict the Company’s plan for performing the Work.2. Assure adequate planning, scheduling, and reporting during execution of the

design and related activities so they may be prosecuted in an orderly andexpeditious manner, within the Contract time and the Milestones stipulated by theContract.

3. Assist the Company and LVMPD in monitoring the progress of the Work andevaluating proposed changes to the Contract and the Design Schedule.

4. Assist in detecting problems for the purpose of taking corrective action and toprovide a mechanism or tool for determining and monitoring such correctiveactions.

5. Coordinate the execution of following project phases.

E. DESIGN SCHEDULE CODING STRUCTURE

1. The LVMPD’s coding dictionary included in the Schedule Template facilitates theLVMPD’s reporting requirements. These four codes included in the ScheduleTemplate shall not be altered. Additional coding may be added by the Companyas needed.

4. COMPANY’S PROJECT SCHEDULER

A. This required to employ or retain the services of a Project Scheduler. The Project Scheduler shall have at least five years of verifiable experience as the person primarily responsible for preparing and maintaining detailed project schedules on projects of the same or similar nature as this project.

B. The Project Scheduler is required to attend all meetings pertaining to scheduling and progress of the work.

C. Within five calendar days after the Notice to Proceed, the Company shall provide a statement to the LVMPD with the following:

1. Identification, qualifications, and experience of the Company’s Project Schedulerand all other members of the Company’s scheduling staff.





2. The LVMPD reserves the right to disapprove any candidate proposed for theProject.

3. The LVMPD reserves right to remove, without rights to work on the project, anymember of the Company’s scheduling staff that is, in the LVMPD’s opinion,incompetent in scheduling.

D. Related Sections: Other Division 01 Specification Sections including, but not limited to, following:

1. Section TBD Payment Procedures2. Section TBD Submittal Schedule3. Section TBD Schedule of Values

III. (NOT APPLICABLE) DESIGN SCHEDULE MILESTONES

A. The LVMPD will provide project specific time constraint Milestones (if required) to support the phases following the design effort. The Company shall maintain these Milestones in the Design Schedule.

B. The Milestones listed in these specifications, or elsewhere in the Company’s Contract, represent only the major milestones. The Milestone completion durations indicated are considered essential to the satisfactory performance of this Contract and to the coordination of all Work on the Project.

C. Refer to the Contract for the project required Milestones and durations. Earlier completion dates may be established by the Company subject to approval by the LVMPD. The LVMPD reserves the right to require the Company to prosecute the Work in accordance with the specified Milestone durations. The Company shall create all Project Milestones deemed necessary by the LVMPD, including but not limited to the following:

1. Develop and Submit Baseline Schedule2. Schematic Drawings3. Design Development4. 60% CD’s5. 95% CD’s

IV. (NOT APPLICABLE) SUBMITTALS

A. DESIGN SCHEDULE BASELINE SCHEDULE: Within the first 10 working days of the Contract the Company shall meet with the LVMPD to develop a digital copy of the Baseline Design Schedule. The Design Schedule Update shall reflect the Company’s plan for completing the work included in the scope of the Contract

B. DESIGN SCHEDULE MONTHLY UPDATES: On the third Friday of each month, the Company shall submit a digital copy of the current progress of the Design Schedule status through the middle of the month. The status shall include actual dates for activities that have started and/or completed, expected completion dates for activities in progress, and proposed durations and sequence for the remaining activities in the Design Schedule. The Design Schedule Update shall reflect the Company’s plan for completing the remaining work included in the scope of the Contract.





In addition to the terms and conditions in the Contract, following are the design Company-specific terms and conditions which apply to the Contract. If any terms conflict with the Contract, terms in Exhibit A will prevail.

A. RESPONSIBILITY OF COMPANY

1. Quality of Work / Correction of Errorsi. The Company shall be responsible for the professional quality, technical accuracy,

timely completion, and coordination of all services furnished by the Company, itssubcontractors and its and their principals, officers, employees and agents under thisContract. In performing the specified services, Company shall follow practicesconsistent with generally accepted professional and technical standards. Companymust be a registered Architect, and/or Landscape Architect, in the State of Nevada inaccordance with NRS Chapter 623, and/or NRS Chapter 623A.

ii. Upon receipt of any documents furnished by the Company, the LVMPD’s ProjectManager shall have seven calendar days for preliminary review of such documents.The LVMPD’s Project Manager will determine whether the documents comply withthe scope of the Project. If the LVMPD’s Project Manager determines that thedocuments submitted by Company are insufficient, inadequate, or incomplete, theLVMPD shall notify the Company and request documents, which are professionallycomplete and appropriate for basic service phase submitted. After the LVMPDreviews the documents, one set of the documents shall be returned to the Companywith comments and corrections noted thereon.

iii. The Company shall make the changes necessitated by the corrections or othercomments into the final documents, and return the correction set with the correcteddocument. The Company shall at its own expense, correct deficiencies to producecomplete services and/or deliverables, and shall be liable for costs associated withdelays incurred by the LVMPD as a result of such rejected work. If the correctionsare not made, the Company shall provide the LVMPD with a written explanation ofeach such item for which correction was not made. The Company shall review withthe LVMPD alternative approaches to the design and construction of the Project. Priorto LVMPD’s approval of the documents, Company shall furnish written responses toLVMPD’s correction(s) comments(s) change(s), which state the action taken andreason for such action for each item presented by the LVMPD.

iv. The decision by the LVMPD’s Project Manager in this matter shall be final. TheCompany shall effect a recovery schedule to make up for any delay. If the LVMPD’sProject Manager determines, after requesting the Company to provide corrected andprofessionally complete Phase submittals, that the documents remain insufficient,inadequate, or incomplete, the LVMPD may; (i) declare the Company in default, or (ii)demand a letter of explanation from the Company as to the reason the furnisheddocuments are insufficient, inadequate or incomplete. If the LVMPD elects thesecond option, the Company, at Company’s own expense, shall furnish additionalsets of all documents that are sufficient, adequate and complete in the discretion ofthe LVMPD’s Project Manager for review by the LVMPD. The Company, atCompany’s own expense, shall attend any meeting, whether formal or informal,including the LVMPD’s Commission meeting(s) when requested by LVMPD to explainthe reason the Company presented inadequate, insufficient, or incomplete documents





to the LVMPD, and the delay, if any, that such submittal and re-submittal may cause in completion of the Project.

v. The LVMPD’s approval of the Contract Documents shall not relieve the Company ofany responsibility for the professional and technical accuracy of any documents prepared by the Company.

2. Federal, State and Local Statutes, Codes, Ordinances and Other

i. It shall be the duty of the Company to assure that all services and products of its effortare technically sound and in conformance with all pertinent Federal, State and Localstatutes, codes, ordinances, resolutions and other regulations. Company will notproduce a work product, which violates or infringes on any copyright or patent rights.The Company shall, without additional compensation, correct or revise any errors oromissions in its services and work products. Permitted or required approval by theLVMPD of any products or services furnished by Company shall not in any way relievethe Company of responsibility for the professional and technical accuracy andadequacy of its work. LVMPD’s review, approval, acceptance, or payment for any ofCompany’s services herein shall not be construed to operate as a waiver of any rightsunder this Contract or of any cause of action arising out of the performance of thisContract, and Company shall be and remain liable in accordance with the terms ofthis Contract and applicable law for all damages to LVMPD caused by Company’sperformance or failures to perform under this Contract. The LVMPD’s review,approval, acceptance or payment for any of the services performed by the Companyshall not be construed as a waiver of any rights of the LVMPD under this Contract.

ii. Prior to each design submittal, Company shall check all documents for technicalaccuracy, compliance with applicable codes and ordinances, complete incorporationof all Design Review Comments (DRC), and coordination within and between designdisciplines. Each submittal shall be in accordance with the appropriate submittalrequirements listed herein. Incomplete submittals shall be rejected. All costsassociated with the re-submittal shall be borne by the Company.

3. Company’s Representative(s)

i. Company shall appoint a State of Nevada licensed principal of his Company who willbe the primary point of contact and Project manager for the performance of servicesand as specified in attached Exhibit A-1 (Project Background and Key Personnel). Allof the services specified by this Contract shall be performed by the this State ofNevada licensed principal of the Company, or by an alternate Manager approved inwriting by the LVMPD prior to any such substitution Should the State of NevadaLicensed Principal or his LVMPD-approved Manager, or any other employee ofCompany or subconsultant be unable to complete his or her responsibility for anyreason, the Company will replace him or her with an LVMPD-approved qualifiedperson. If Company fails to make an LVMPD-required replacement within 30 calendardays, LVMPD may terminate this Contract for default.

ii. Company shall notify LVMPD in writing 30 days prior to any change in ownership ofCompany or any key personnel listed for this Project. If applicable, the approval of





this contract has, to some degree, been based on the participation and qualifications of the Company and other key personnel, listed in the Company’s response to the solicitation submitted prior to receiving this Contract. LVMPD has the option to either approve or disapprove any proposed alternate personnel related to the Project. If Company fails to notify LVMPD of key personnel changes, LVMPD may terminate this Contract for default. Significant change in the level of participation may be defined as: Company or key personnel not actively participating in the Project for a continuous period of time greater than one month, e.g. sabbatical leave, or a 25% reduction in time devoted to the Project.

4. Drawings and Specifications

i. Drawings and specifications remain the property of the Company. Copies of thedrawings and specifications retained by the LVMPD may be utilized only for its useand for occupying the Project for which they were prepared, and not for theconstruction of any other Project. A copy of all materials, information and documents,whether finished, unfinished, or draft, developed, prepared, completed, or acquiredby Company during the performance of services for which it has been compensatedunder this Contract, shall be delivered to LVMPD’s representative upon completion ortermination of this Contract, whichever occurs first. LVMPD shall have the right toreproduce all documentation supplied pursuant to this Contract. Company shallfurnish LVMPD’s representative copies of all correspondence to regulatory agenciesfor review prior to mailing such correspondence.

ii. All Drawings shall be prepared using AutoDesk’s AutoCAD Release 2006 or newerrelease in accordance with industry accepted standards, including the AmericanInstitute of Architect’s (AIA) Computer Aided Design (CAD) Layer Guidelines.Specifications shall be prepared in Construction Specification Institute (CSI) formatusing the software program Microsoft Word 2000 or newer release.

5. Right of Off-set

The Owner may not subtract, withhold or offset the unpaid invoice from the Company as a means to recover any damages, costs and expenses caused by, resulting from, or arising out of the alleged negligent acts or omissions of the Company in the performance of the services under this Contract.

6. Staff Availability

i. The Company agrees that its officers and employees will cooperate with the LVMPDin the performance of services under this Contract and will be available forconsultation with LVMPD at such reasonable times with advance notice as to notconflict with their other responsibilities.

ii. Company has or will retain such employees as it may need to perform the servicesrequired by this Contract. Such employees shall not be employed by the LVMPD.

7. Substitution Requests





The Company’s basic services shall include evaluations of a reasonable number of substitutions proposed during the construction period and performing the revisions to the Contract Documents required by such substitutions, including presentation to the LVMPD and other local agencies whenever required to obtain approval and/ or permits for construction of such substitution. Claims may be submitted by the Company for payment by the Contractor.

8. Utility / Regulatory Agency Submittals / Reviews

The Company shall actively monitor the review and approval status of all utilities andregulatory agency submittals and review comments and produce written weekly updates tothe LVMPD covering status, progress, problems, concerns and Company’s proposedsolutions and action, including updates to Exhibit A-7 (Design Schedules).

9. Bid Alternates and Rebids

The Company shall provide bidding alternates as necessary and approved by the LVMPD inadvance, for the protection of the approved budget. The LVMPD must be able to award amajor portion of the Project without rebid or revision to the Contract Documents. The LVMPDreserves the right to require the Company to redesign, revise or otherwise change the Bid SetContract Documents at the Company’s own expense, if the Bid is over the approved budgetfor the Project. If the LVMPD so directs the Company, Company shall immediately providethe LVMPD with a new schedule for completing the revised Contract Documents and Projectrebid. In no case shall this new schedule exceed 90 calendar days duration.

10. Project Meetings

Attend meetings, as necessary, on a weekly basis, or as otherwise directed by LVMPD’srepresentative, with the LVMPD Facilities and others to review the Work of the Project andthe progress thereof. At the initial Project meeting, LVMPD Facilities will review all existingand pertinent LVMPD Project files and site information; and will confirm the Project Scope,Work of the Project, Project Facilities Program and Project Schedule with the Company. Allmeetings shall be chaired by an LVMPD Facilities staff member, and all work shall be directed/ supervised by an LVMPD Facilities staff member.

11. Specifications

All specifications prepared for this Project shall utilize the Construction Specification Institute(CSI) Master format latest revision. The Company shall utilize an LVMPD-approved Division01, which will be revised for this Project by the LVMPD Project Manager and transmitted tothe Project Company for use, as provided. The Company will be responsible for ensuringconformance with the remainder of the technical specifications to the specified Division 01.Company agrees with the content of Division 01 as provided and takes no exceptions to anyprovisions.

12. Meeting Minutes

The Company shall prepare minutes of all pre-design, planning, design, bid, construction, andpost-construction meetings, review sessions, conferences and public presentations. The





minutes shall include, but not limited to the following: date, list of attendees, topics of discussion, direction given for each discussion topic, decisions and any other information discussed that is pertinent to the Project. Prepare and distribute the minutes of all meetings as “meeting reports” as directed by the LVMPD.

13. Site Visits

The Company shall prepare field reports for every Company and subconsultant site visit.

14. Design Schedule

The Company shall perform services in accordance with the Design Schedule specified inExhibit A-7 (Design Schedules).

15. Manufacturer / Brand Names

i. In all work produced under this Contract, Company shall comply with NRS.338.140by listing multiple manufacturers in the specifications, designated materials, drawings,products, thing or services by specific brand or trade name. The Company shallevaluate, present and review through the design phase options for selecting items,products, materials and equipment which are commercially available, standardproduction and economical efficient which shall meet the LVMPD’s Project budget.Company shall list in the specifications at least two brands or trade names ofcomparable quality or utility, and follow the words “or equal” so that the bidder(s) ofthe construction Project may furnish an equal material, product, thing or service(items). Company shall verify current availability of all items, and provide themanufacturers names, model numbers, product information and points of contactwithin its work products.

ii. The Company shall provide all work, including but not limited to drawings,specifications, and calculations, for each and every part of the Project including thoseitems that the building department may normally allow as “deferred submittals.”Where the Company specifies the above-mentioned information in the drawings, bidspecifications including all necessary materials required for jurisdictional permitting.Should less than two suitable brand/trade names and model numbers becommercially available, Company shall state “or equal” wherever those items arereferenced. In accordance with NRS 338.140(4), an awarded ConstructionContractor is allowed seven days after award of the contract for submission of datasubstantiating a request for a substitution of an “or equal” item(s); therefore, theCompany shall have the duty to cooperate with the Construction Contractor throughthe LVMPD in a timely review and determination. Should the item be deemedacceptable for use, the Company must specify in writing through the LVMPD anyadditional costs and time impacts associated with the design or permitting (i.e.,structural calculations) which may require revisions to the Company’s documents asrelative to incorporation of the construction contractor(s) request. The LVMPD shalldetermine if the item(s) associated costs and time impacts are to be incorporated intothe Project design and will facilitate distribution of funds to the Company.

iii. In instances where items are designated to match existing (compatibility), or meetLVMPD’s standards for use on an existing public improvement, addition or in the





course of completion, the Company shall specify those items as a “no substitute” after obtaining the LVMPD’s approval. Should the Company fail to adhere to the requirements wherein, and the bidding phase delayed to provide this required information, then the stated Liquidated Damages per calendar days of the bid documents may be assessed against the Company for this time impact and funds reduced from any outstanding invoice for the Project.

16. Design Standards

All work shall be in full compliance with the applicable Clark County’s “Design Standards forBuildings, Parks, and Parking Facilities” (“Design Standards”) which LVMPD will give toCompany, incorporated herein by reference. LVMPD will provide any changes to the DesignStandards, which Company will incorporate as LVMPD amendments to the Design Standards.The Company agrees to include this requirement in subcontract contracts providing servicesfor the Project. At the completion of this Project, Company will incorporate the LVMPDamendments into the Clark County Design Standards, and electronically deliver a specific“LVMPD Design Standards” document.

17. Accuracy of Data

Company will be responsible to verify the accuracy of information or data supplied by LVMPDor other sources to the extent such information or data would be relied upon by a reasonablyprudent company.

18. ADA Requirements

All professional design services shall be performed in compliance with NRS 338.180, relatedto the removal and elimination of architectural barriers to the physically handicapped and tomake public buildings and facilities accessible and usable by the physically handicapped.

19. More Extensive On-site Representation

i. If more extensive on-site representation, beyond the services required for BasicServices, is required or requested for the LVMPD’s protection, the Company agreesto provide additional Project representation to assist in carrying out such extensiveon-site responsibilities. Company provided on-site Project representatives shall beselected, employed and directed by the Company. The duties, responsibilities andlimitation of authority of Company provided Project representatives shall be the sameas the Company.

ii. In the event of such extensive on-site representation, the Company shall endeavor tofurther protect the LVMPD against defects and deficiencies in the construction of theProject through the observations of the Company Project representatives, but thefurnishing of such Project representation shall not modify the rights, responsibilitiesor obligations of the Company as described elsewhere in this Contract.

20. Responsibility for Construction Cost





i. Evaluations of the LVMPD’s Project budget, preliminary estimates of ConstructionCost and detailed estimates of Construction Cost, prepared by the Company’sindependent estimator, represent the Company’s best judgment as a designprofessional familiar with the construction industry. It is recognized, however, thatneither the Company nor the LVMPD has control over the cost of labor, materials orequipment, over the Construction Contractor’s methods of determining bid prices orover competitive bidding, market or negotiating conditions. Accordingly, the Companycannot and does not warrant or represent that the bids or negotiated prices will notvary from the LVMPD’s Project budget or from the estimate of Construction Cost orevaluation prepared or agreed to by the Company.

ii. The Company shall include in estimates of the Construction Cost, allowances andcontingencies for design, estimating, bidding, market factors, and price escalation,and shall be permitted, in cooperation with the LVMPD, to determine what materials,equipment, component systems and types of construction are to be included in theContract Documents, to make reasonable adjustments in the scope of the Project andto include in the Contract Documents alternate bids for portions of the Work so theestimated base bid does not exceed the Construction Cost. The Construction Costshall be increased by the amount of any cost increases incurred after execution of theConstruction Contract.

iii. If the Bidding has not commenced within 90 calendar days after the Company submitsthe final, corrected Construction Documents incorporating all permit plan checkcomments and regulatory requirements to the LVMPD ready for bidding, theConstruction Cost may be adjusted by the Company to reflect changes in the generallevel of prices in the construction industry between the date of submission of theConstruction Documents to the LVMPD and the date on which proposals are sought.

iv. LVMPD shall (a) give written approval of an increase in such fixed limit; (b) authorizere-bidding of the Project within a reasonable time, (c) cooperate in revising the Projectscope and quality as required to reduce the Construction Cost, or (d) cancel theProject.

If the LVMPD chooses to proceed under option (c) of Item iv above, the Company, without additional charge, shall modify the Contract Documents as necessary to comply with the Construction Cost. This modification of Contract Documents shall be the limit of the Company’s responsibility arising out of the establishment of the Construction Cost.

B. RESPONSIBILITY OF LVMPD

1. LVMPD’s Cooperation

The LVMPD agrees that its officers and employees will cooperate with Company in theperformance of services under this Contract and will be available for consultation withCompany at such reasonable times with advance notice as to not conflict with their otherresponsibilities.

2. LVMPD’s Representative





The services performed by Company under this Contract shall be subject to review for compliance with the terms of this Contract by LVMPD’s representative, as specified in Exhibit A, or their designee. LVMPD’s representative may delegate any or all of its responsibilities under this Contract to appropriate staff members, and shall so inform Company by written notice before the effective date of each such delegation. Such authorized representative(s) shall render decisions in a timely manner pertaining to documents submitted by the Company in order to avoid unreasonable delay in the orderly progress of the Company’s services.

3. Documents and Work Review Comments

i. The LVMPD and its designated representative shall examine the studies, reports,sketches, estimates, specifications, proposals and other documents presented by theCompany providing responses and decisions, promptly, in writing.

ii. The LVMPD will have the right, but not the responsibility, to review the work productand/or the deliverables of the Company and may provide design review comments tobe incorporated into the documents. LVMPD’s comment documentation may beprovided as red-lined drawings, electronic format and/or hard copies. The reviewcomments of Company’s work by the LVMPD’s representative may be reported inwriting as needed to Company. It is understood that LVMPD’s representative’s reviewcomments do not relieve Company from the responsibility for the professional andtechnical accuracy of all work delivered under this Contract.

iii. The services performed by Company under this Contract shall be subject to reviewfor compliance with the terms of this Contract by LVMPD’s designated representative,as specified in attached Exhibit A. LVMPD may delegate any or all responsibilitiesunder this Contract to appropriate staff members, and shall so inform Company bywritten notice before the effective date of each such delegation.

4. Project Datai. LVMPD shall, without charge, furnish to or make available for examination or use by

Company as it may request, any data which LVMPD has available, including asexamples only and not as a limitation:

1. Copies of reports, surveys, records, and other pertinent documents.

2. Copies of previously prepared reports, job specifications, surveys, records,ordinances, codes, and regulations, other documents, and information relatedto the services specified by this Contract.

3. The LVMPD shall provide full information regarding requirements for theProject, including a pre-design program, which shall set forth the LVMPD’sobjectives, schedule, constraints and criteria, including space requirementsand relationships, flexibility, expandability, special equipment, systems andsite requirements.





4. The LVMPD shall furnish available structural, mechanical, chemical, air andwater pollution tests, tests for hazardous materials, and other laboratory andenvironmental tests, inspections and reports, as applicable as required by lawor the Contract Documents.

ii. Company shall return any original data provided by LVMPD.

iii. Company will not be responsible for accuracy of information or data supplied byLVMPD or other sources to the extent such information or data would be relied uponby a reasonably prudent Company.

iv. The LVMPD will provide the Company with programmatic information, including arequirement list for current and future needs and operational requirements includingall committed facility schedules that impact design and/or construction.

v. The LVMPD will provide the Company with any other information required to completethe work, as available, which is not in the Company’s Scope of Services.

5. Notification of Faults, Defects, or Nonconformance

The LVMPD shall promptly notify the Company in writing of any fault or defect in the Projector nonconformance with the Contract Documents.

6. Certification Requests

The proposed language of certificates or certifications requested of the Company orsubconsultants shall be submitted to the Company for review and approval at least 14calendar days prior to execution. The LVMPD will not request certifications that would requireknowledge or services beyond the scope of this Contract.

7. Project Site Access

The LVMPD will provide access to, and make all necessary provisions for the Company toenter upon the Project site as may be required to perform the service under this Contract.

8. Project Bidding Process

The LVMPD shall advertise for proposals from qualified bidders, bid the Project, and pay allcosts related to the bid process, except for the costs associated with printing or electronicavailability of the bid sets of drawings. The LVMPD will provide and conduct all biddingactivities, including printing and distribution or electronic distribution of bid and constructionsdocuments, except as specifically required to be provided by the Company.

9. LVMPD’s RightsThe LVMPD will acquire any required rights to the Project Site or air rights to adjacent Sitesas deemed necessary by the LVMPD.

C. COMPENSATION





1. Project Fee

LVMPD agrees to pay Company for the performance of services described in the Scope ofWork (Exhibit A) for the not to exceed fee specified in Exhibit B-1 (Fee Schedule). TheLVMPD’s obligation to pay Company cannot exceed the fixed fee amount. It is expresslyunderstood that the entire work defined in Exhibit A must be completed by the Company andit shall be the Company’s responsibility to ensure that hours and tasks are properly budgetedso the entire Project is completed for the said fixed fee. The construction Project designed bythe Company cannot exceed the budgeted amount specified in Exhibit A-1 (ProjectBackground and Key Personnel).

2. Progress Payments

Company will be entitled to progress payments in accordance with the completion of tasksindicated in Exhibit B-1 (Fee Schedule).

3. Invoice Submission

Invoices shall be submitted to the County Representative as specified in attached Exhibit A,or their designee.

4. Payment of Invoicesi. Payment of invoices will be made within 30 calendar days after receipt of an accurate

invoice that has been reviewed and approved by the LVMPD’s representative.

ii. The LVMPD’s representative shall notify the Company in writing within 14 calendardays of any disputed amount included on the invoice. The undisputed amount will bepaid in accordance with paragraph C.1 above. Upon resolution of the disputedamount by the LVMPD and the Company, payment will be made in accordance withparagraph C.1 above. The Company may invoice for approved and completed workon a monthly basis.

iii. If the payment period exceeds 30 calendar days, the Company will contact theLVMPD Project Manager to resolve any problem or delay. If the resolution of anydelay is not satisfactory to the Company, the Company may submit a seven-calendarday written notice to the LVMPD. If payment is not received within the seven calendarday period, the Company may submit a request for approval of the following remedies:(1) Defer progress on the Project, until such time as payment is received and re-adjustthe Project schedule accordingly. (2) The Company may petition the LVMPD for anincrease in fees, to reimburse the substantiated costs of late payments and extendedschedule. Either option to remedy, with concurrence by LVMPD Staff, may beexercised by the Company.

iv. No penalty will be imposed on LVMPD if the LVMPD fails to pay Company within 30calendar days after receipt of a properly documented invoice, and LVMPD will receiveno discount for payment within that period.





v. In the event that legal action is taken by the LVMPD or the Company based on adisputed payment, the prevailing party shall be entitled to reasonable attorneys’ feesand costs subject to LVMPD’s available unencumbered budgeted appropriations forthe Project.

vi. LVMPD offers electronic payment to all suppliers. Payments will be deposited directlyinto your bank account via the Automated Clearing House (ACH) network. Companywill be provided information on how to enroll at time of award.

5. Reimbursable Expenses

The Company has included all expenses in the fixed fee compensation for Basic Services.Reimbursable Expenses do not include, such expenses as transportation expenses inconnection with authorized out-of-town travel, extensive long distance telephonecommunications, fees paid for securing approval of authorities having jurisdiction over theProject, expense of reproductions, postage and handling of Drawings and Specifications,expense of renderings, models and mock-ups requested by the LVMPD beyond BasicServices, and the expense of overtime work requiring higher than regular rates. ReimbursableExpenses shall not be compensated unless pre-approved and confirmed in writing by theLVMPD.

6. Final Payment

Upon completion by the Company of the services required under this Contract, andacceptance of such services by the LVMPD (which acceptance will not be unreasonablywithheld), the Company will, within 30 calendar days of the LVMPD’s acceptance, be paid thebalance of any money due for such services.

D. CHANGES TO SCOPE OF WORK / ADDITIONAL SERVICES 1. Changes to Scope of Work

i. The LVMPD may at any time, by written order, make changes within the generalscope of this Contract and in the services or work to be performed. If such changescause an increase or decrease in the Company’s cost or time required forperformance of any services under this Contract, an equitable adjustment limited toan amount within current unencumbered budgeted appropriations for the Project shallbe made and this Contract shall be modified in writing accordingly. Any claim of theCompany for the adjustment under this clause must be submitted in writing within 30calendar days from the date of receipt by the Company of notification of changeunless the LVMPD grants a further period of time before the date of final paymentunder this Contract.

ii. As authorized in writing by the LVMPD and at an additional cost, subject tounencumbered budgetary appropriations, the Company agrees to revise the ContractDocuments when such revisions are (i) inconsistent original approvals or instructionspreviously given by the LVMPD, including revisions made necessary by adjustmentsin the LVMPD’s budget for the Project or (ii) required by the enactment or amendment





to codes, laws or regulations subsequent to the preparation of such documents, and other situations including, but not limited to:

1. Significant changes in the scope of the Project including, but not limited to thesize, quality, complexity, or time schedule.

2. Replacement of that portion of the Project damaged by fire or other causeduring construction, and furnishing services required in connection with thereplacement of such Work.

3. Services made necessary by the default of the Construction Contractor, bymajor defects or deficiencies in the construction of the Project, by theConstruction Contractor, or by the failure of the performance of theConstruction Contractor under the Construction Contract.

4. Prepare to serve or serving as an expert witness in connection with any publichearing, arbitration proceeding, or legal proceeding, or other legal proceeding(except for LVMPD Commission Meeting(s) or similar meetings whenrequested by the LVMPD).

5. Prepare documents for alternate, separate or sequential bids or providingservices in connection with bidding, negotiation or construction prior to thecompletion of the Construction Documents Phase.

2. Additional Services

i. Hourly Rate Schedule attached hereto as Exhibit B-2. The services described underthis Section shall only be provided by the Company if requested in writing by theLVMPD. Additional Services are subject to budgetary appropriations and shall not becompensated unless pre-approved and confirmed in writing by the LVMPD.

E. SUBCONTRACTS 1. Approval to Subcontract

Services specified by this Contract shall not be subcontracted by the Company, without priorwritten approval of LVMPD.

2. Company’s Responsibility

Approval by LVMPD of Company’s request to subcontract or acceptance of or payment forsubcontracted work by LVMPD shall not in any way relieve Company of responsibility for theprofessional and technical accuracy and adequacy of the work. Company shall be and remainliable for all damages to LVMPD caused by negligent performance or non-performance ofwork under this Contract by Company’s subcontractor.

3. Compensation

The compensation due under Exhibit B-1 shall not be affected by LVMPD’s approval ofCompany’s request to subcontract.





4. Company Coordination

The Company shall be responsible for all coordination with its subconsultant(s). Eachsubmittal to the LVMPD shall be organized by discipline and shall be thoroughly crosscheckedto avoid conflicts between Company and subconsultant(s) documents. Vague references toProject requirements on other discipline’s plans will not be permitted. Where references toothers’ plans are necessary for direction, reference notes shall specifically state the drawingnumber or specification section, as appropriate. It shall be the Company’s responsibility toadvise each subconsultant of this requirement.

5. Meeting Attendance

Throughout the design phases of the Project, Company shall participate in regularly scheduledweekly design meetings with the LVMPD, and coordinate attendance of subconsultant(s) andother parties as appropriate to the progress of the work and to avoid delay. Unless the LVMPDelects to do so and provides written instrument stating such, record, prepare and distribute toall attendees and other affected parties, a meeting summary documenting decisions madeand actions required by attendees and other affected parties, in a format acceptable to theLVMPD, within five calendar days following each meeting.

F. RESERVIED



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EXHIBIT B - FEE SCHEDULE FEE SUMMARY


EXHIBIT B-1FEE SCHEDULE


Geotechnical Report (3) Borings / Hard Copy / Electronic Files $5,500.00

DESIGN PERCENTAGE OF FEE AMOUNT

Schematic Design Phase (including Pre-Design and Site Development) (15%)

Design Development Phase, including Public Review Meetings and Land Use Requirements (30%)

15% $42,000.00

$56,000.0020%

$28,000.00

Construction Documents Phase (60%)Construction Documents Phase (95% though 100%)Bidding Assistance

25%

SUBTOTAL 100% $280,000.00

EXTENDED PROJECT REPRESENTATION

To be paid in equal monthly payments (as specified in Contract, if applicable)

PERCENTAGE OF FEE

$105,000.00100%

$11,000.00

$5,000.00

Cost Estimating

Landscape Design

Topographic Survey and Drainage Sudy: Hard Copy / Electronic Files

Civil On-Site Improvement Plans

$12,500.00

$280,000.00

$105,000.00

GRAND TOTAL $226,000.00$611,000.00

$226,000.00

$73,500.00

SUBTOTAL

DELIVERABLES / REPORT / STUDY / SERVICE(activated only by written notification)

Building Envelope / Waterproofing Consultant

25%3%

Project Closeout 2% $5,600.00

Contract No. Project

604647Architect Services for the Range House at the Regional Training Facility Firearms Range

TOTAL AMOUNT

$70,000.00$70,000.00$8,400.00

Construction Contract Administration (billed monthly through course of construction period specified in Contract) 10%

$22,000.00

$5,000.00

$50,000.00

Acoustical Design for sound attenuation $11,500.00

Allowance: Water Pressure Analysis and Mitigation (not to exceed) $30,000.00Allowance: Reimbursable Expense - Printing and Duplication (not to exceed)

Allowance: Reimbursement of Company-paid LVMPD Expenses: Such as fees for planscheck, permit, and utilities, as authorized by LVMPD (not to exceed)


EXHIBIT B-2HOURLY RATE SCHEDULE

(for additional services and additional reimbursable expenses)


The following discounted hourly rates are to be used as the basis for negotiation of additional services as required. These labor rates are valid for the duration of the Project and include salary costs, overhead, administration and profit.

CONSULTANT HOURLY RATESThe following hourly rates are to be used as the basis for negotiation of additional services as required. These labor rates are valid for the duration of the Projectand include salary costs, overhead, administration and profit.

SUBCONSULTANT HOURLY RATES

Consultant: KGA Architecture

Subconsultant: Lochsa Engineering

DesignerSpecification WriterDrafter/CAD OperatorWork Processor/Clerical

$200-$250$150-$200$120-$160$90-$175

$60

CLASSIFICATION HOURLY RATEPrincipalProject Architect/Engineer/ManagerArchitect/Engineer

CLASSIFICATION HOURLY RATEPrincipal Civil Engineer $200Senior Project Manager $165

$80-$100$60.00

Engineer $135

Processor $95Office/Clerical $85

Subconsultant: Barker StructuralDesign Type:

Project Manager $150Senior Designer $147

Subconsultant: Lochsa EngineeringDesign Type:

CADD Operator $95

Mechanical, Electrical EngineeringDesign Type:

CLASSIFICATION HOURLY RATEPrincipal $185Associate $155

Principal Engineer $170Direcotor $150

Engineering Intern $105

Clerical $55

Subconsultant: DG Koch Associates

CLASSIFICATION HOURLY RATE

Design Type: Architectural, Interior Design

Design Type: Civil Engineering

Structural

Clerical $50

Sr. Professional Engineer $150Professional Engineer $125

CAD Operator $65Spec Writer $80Designer/ CAD Operator $80

Director of Production $100Designer $95

One-Man Survey Crew $120Survey Technicial III $120

Project Coordinator $100Travel Time (3-man Crew) $135

Land SurveyorCLASSIFICATION HOURLY RATE

Principal Land Surveyor $180Professional Land Surveyor $135Survey Technician I $55

Processor $95Office/Clerical $85

Travel Time (2-man Crew) $105Three-Man Survey Crew $165Two-Man Survey Crew $150

Civil Designer $130

Project Coordinator $100Engineering Technician $80Civil Draftsman $106

Survey Technician II $70


EXHIBIT B-2HOURLY RATE SCHEDULE

(for additional services and additional reimbursable expenses)


ADDITIONAL SERVICES

REIMBURSABLE EXPENSES

Senior Field Consultant $165Field Consultant $135

Subconsultant: Curtain Wall Design and Consulting, Inc. (CDC)Design Type: Roofing and Waterproofing Consultant


Sr. Engineer/Manager $175

Sr. Designer/Sr. Engineer Assistant $100Designers/Engineer Assistant $90

Drafter/CADD Operator $65Administrative $65

Project Engineer $125

Subconsultant: NV5Design Type: Acoustical Engineer

CLASSIFICATION HOURLY RATESr. Principals $300

Senior Staff Engineer $100Field Engineer $80Lab Technician $70

No additional services are authorized or anticipated as of the commencement date of this Contract. Any additional services are required to be added to the Contract in writing in the form of an amendment approved by the LVMPD. For additional services of subconsultant(s), the LVMPD will compensate the company a multiple of one and one tenth (1.10) times the amounts billed to the Company for such services. Future written additional services authorizations may be issued by the LVMPD in compliance with the above Hourly Rate Schedules. Site specific seismic testing and investigation to determine the structural requirements under the building code would be an additional service, added by amendment to the contract pursuant to Section E-26 (Modification/Amendment) of the Contract.

No reimbursable expenses are authorized or anticipated as of the commencement date of this Contract. Any additional reimbursable expenses are required to be added to the Contract in writing in the form of an amendment approved by the LVMPD. For reimbursable expenses of the Company, the LVMPD shall compensate the Company a multiple of one and one tenth (1.10) times the actual direct costs incurred by the Company. this multiple includes all compensation for overhead and profit related to the reimbursable expenses.

Reimbursable Expenses do not include, such expenses as transportation expenses in connection with authorized out of town travel, extensive long distance telephone communications, fees paid for securing approval of authorities having jurisdiction over the Project, expense of reproductions, postage and handling of Drawings and Specifications, expense of renderings, models and mock-ups requested by the LVMPD beyond Basic Services and Exhibit A-4, and the expense of overtime work requiring higher than regular rates. Reimbursable Expenses shall not be compensated unless pre-approved and confirmed in writing by the LVMPD.

Senior Cost Manager $175Cost Manager $145


CADD/Designer $100Administrative $70

Design Type: Cost Estimator

Principals/Director $250

Subconsultant: Rider Levett Bucknall (RLB)

Project Manager $140Landscape Architect $130

Subconsultant: Southwick Landscape Architects

CLASSIFICATION HOURLY RATEPrincipal $200

Subconsultant: TerraconDesign Type: Geotechnical Engineer

CLASSIFICATION HOURLY RATESenior Engineer $195

Associate Director/Sr. Manager $200

Senior Project Manager/Sr. Consultant $160Project Manager/Engineer/Consultant $130

Sr. Drafter/CADD Operator $85

Design Type: Landscape Design


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EXHIBIT C - INSURANCE REQUIREMENTS

TO ENSURE COMPLIANCE WITH THE RFP DOCUMENT, PROPOSERS SHOULD FORWARD EXHIBIT B TO THEIR INSURANCE AGENT PRIOR TO PROPOSAL SUBMITTAL

1. FORMAT / TIME

The Company shall provide Owner with certificates of insurance, on an ACORD form, for coverage as listed below, and attach separate endorsements affecting coverage required by this Contract within 3 Days after the award by the Owner. All policy certificates and endorsements shall be signed by a person authorized by that insurer. The insurer must be licensed by the state of Nevada in accordance with NRS 680A.300. All required aggregate limits shall be disclosed and amounts entered on the certificate of insurance, and shall be maintained for the duration of the Contract and any renewal periods. The Company shall forward updated certificates of insurance and endorsement(s) when policies are renewed or changed.

2. BEST KEY RATING

The Owner requires insurance carriers to maintain during the Contract term, a Best Key Rating of A with a financial strength VII or higher which must be fully disclosed and entered on the certificate of insurance.

3. OWNER COVERAGE

The Owner, its officers and employees must be expressly covered as additional insured, except on workers' compensation, automobile liability, and professional liability insurance coverage. The Company's insurance shall be primary as respects the Owner, its officers and employees.

4. ENDORSEMENT / CANCELLATION

The Company's commercial general liability and automobile liability insurance policy shall be endorsed to recognize specifically the Company’s contractual obligation of additional insured to Owner. The Company/insurance carrier must ensure that the Owner will be given 30 Days advance written notice of any policy changes, cancellations, or any erosion of insurance limits.

5. DEDUCTIBLE

All deductibles and self-insured retentions shall be fully disclosed in the certificates of insurance and may not exceed $25,000, with the exception of Professional Liability Insurance deductibles which may not exceed $100,000,, unless listed as an exception with the Owner’s Proposal and approved in writing by the Owner.

6. AGGREGATE LIMITS

If aggregate limits are imposed on bodily injury and property damage, then the amount of such limits must not be less than $2,000,000. General Aggregate limit applies per location (LOC) for non-construction projects and per Project for construction projects.

7. COMMERCIAL GENERAL LIABILITY

Subject to Paragraph 6 of this exhibit, the Company shall maintain limits of no less than $1,000,000 combined single limit per occurrence for bodily injury (including death), personal injury and property damages. Commercial general liability coverage shall be on a “per occurrence” basis only, not “claims made”, and be provided either on a Commercial General Liability or a Broad Form Commercial General Liability (including a Broad Form CGL endorsement) insurance form. Policies must contain a primary and non-contributory clause and must contain a waiver of subrogation endorsement. The Owner shall be named as an additional insured under the commercial general liability policy of insurance per standard ISO endorsement forms 2010 (07/04) for ongoing operations and 2037 (07/04) for products/completed operations, or their equivalent.

8. AUTOMOBILE LIABILITY

Subject to Paragraph 6 of this exhibit, the Company shall maintain limits of no less than $1,000,000 combined single limit per occurrence for bodily injury and property damage, to include, but not be limited to, coverage against all insurance claims for injuries to persons or damages to property which may arise from services rendered by Company and any auto used for the performance of services under this Contract. As an alternative to the specified auto coverage, the Owner will accept all owned, hired and non-owned, or symbols 2, 8 and 9.

9. PROFESSIONAL LIABILITY

The Company shall obtain and maintain limits of no less than $1,000,000 aggregate. If the professional liability insurance provided is on a claims made form, then the insurance coverage required must continue for a period of two years beyond the completion or termination of this Contract. Any retroactive date must coincide with or predate the beginning of this Contract and may not be advanced without the consent of the Owner.

10. WORKERS' COMPENSATION:

The Company shall obtain and maintain for the duration of this Contract, a work certificate and/or a certificate issued by an insurer qualified to underwrite workers’ compensation insurance in the state of Nevada, in accordance with Nevada Revised Statutes Chapters 616A-616D, inclusive, provided, however, a Company who is a sole proprietor shall be required to submit an Affidavit of Rejection of Coverage for Workers Compensation indicating that the Proposer has elected not to be included in the terms, conditions and provisions of Chapters 616A-616D, inclusive, and is otherwise in compliance with those terms, conditions


29

and provisions. If any of the work to be provided will be performed out of the state of Nevada, then any workers compensation policy must include an “all states endorsement” that provide for coverage in any state. The endorsement must include the broadening of coverage to meet the applicable laws in that state.

11. EMPLOYERS’ LIABILITY:

The Company shall provide employers liability covering its legal obligation to pay damages because of bodily injury or occupational disease (including resulting death) sustained by an employee. The coverage required is as follows: Non-project specific, occurrence basis, $1,000,000 bodily injury by accident, $1,000,000 bodily injury by disease, and $1,000,000 policy limited.

12. FAILURE TO MAINTAIN COVERAGE

If the Company fails to maintain any of the insurance coverage required herein, Owner may withhold payment, order the Company to stop the work, declare the Company in breach, suspend or terminate the Contract, assess liquidated damages as defined herein, or may purchase replacement insurance or pay premiums due on existing policies. Owner may collect any replacement insurance costs or premium payments made from the Company or deduct the amount paid from any sums due the Company under this Contract.

13. ADDITIONAL INSURANCE

The Company is encouraged to purchase any such additional insurance as it deems necessary.

14. DAMAGES

The Company is required to remedy all injuries to persons and damage or loss to any property of Owner, caused in whole or in part by the Company, their subcontractors or anyone employed, directed or supervised by Company.

15. COST

The Company shall pay all associated costs for the specified insurance. The cost shall be included in the Contract price(s).

16. INSURANCE SUBMITTAL ADDRESS

All Insurance Certificates requested shall be sent to the Las Vegas Metropolitan Police Department, c/o Insurance Tracking Services, Inc., P.O. Box 198, Long Beach, CA 90801-0198 or ([email protected]).

17. INSURANCE FORM INSTRUCTIONS

The following information must be filled in by the Company’s insurance company representative:

1. Insurance Broker’s name, complete address, contact name, phone and fax numbers.

2. Company’s name, complete address, phone and fax numbers.

3. Insurance Company’s Best Key Rating

4. Commercial General Liability (per occurrence)

a. Policy Number

b. Policy Effective Date

c. Policy Expiration Date

d. General Aggregate ($2,000,000)

e. Products - Completed Operations Aggregate ($2,000,000)

f. Personal & Advertising Injury ($1,000,000)

g. Each Occurrence ($1,000,000)

h. Fire Damage ($50,000)

i. Medical Expenses ($5,000)

5. Automobile Liability ( per occurrence and any auto or all owned, non-owned and hired or symbols 2, 8 and 9)

j. Policy Number

k. Policy Effective Date

l. Policy Expiration Date

m. Combined Single Limit ($1,000,000)

6. Worker’s Compensation and Employers’ Liability or Exhibit B-1 Affidavit of Rejection of Coverage for Workers Compensation

7. Professional Liability



30

8. Description - Proposal Number and Name of Contract (must be identified on the initial insurance form and each renewal form).

9. Certificate Holder – Las Vegas Metropolitan Police Department c/o Insurance Tracking Services, Inc. ([email protected]), P.O. Box 198, Long Beach, CA 90801-0198. The Certificate Holder is named as an additional insured.

10. Agent Signature

If other insurance coverage is required, they would be shown in the “Other” area of the certificate of insurance, or attached separately as applicable.

