The Docket · Government Meeting · DKT-2026-002183

On the agenda: Boonville City Council Meeting — ALPR (Oct 19)

Name: On the agenda: Boonville City Council Meeting — ALPR (Oct 19)
Start: 2026-10-19
End: 2026-10-19
Location: City Council Meeting

⚠ Agenda Watch Boonville, Missouri · Monday, October 19, 2026 — in 4 days

About this record

The published agenda for this October 19 meeting contains: "ALPR", "Automated License Plate". This is the public record BEFORE the vote — read the document, then show up. Public comment is where cancellations start.

WhenMonday, October 19, 2026
Check the agenda document for the meeting time.

WhereBoonville, Missouri

BodyCity Council Meeting

Money$330,000 on the table

On the record“ALPR”“Automated License Plate”

The agenda, word for word

Government public record — the full text of the published document, archived October 16, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

90 pages · scroll to read

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City of Boonville
October 19, 2026
7:00 PM
City Council Chambers
525 E. Spring Street
Boonville MO 65233
Meeting Live streamed https://www.youtube.com/user/cityofboonvillemo & Channel 3 with Suddenlink Cable TV

Call to order – Pledge and Prayer
A. Tanner Bechtel

II.

Roll Call

III.

Hearing of Citizens' Comments

IV.

Approval of Minutes
A. October 5 Council Minutes

Consent Items

VI.

Presentation of Accounts and Claims
A. Appropriations

VII.

Unfinished Business
A. Consider Resolution R2026-019 Authorizing an Agreement with Porter, Berendzen &
Associates, PC for Design Services at Kemper Campus

VIII.

New Business
A. First reading of Bill No. 2026-016 Approving a Minor Subdivision at 801 Fairway Drive
B. First Reading of Bill No. 2026-017 Approving a Final Sit Plan for Domino's Pizza
C. First Reading of Bill No. 2026-018 Approving a Minor Subdivision at Santa Fe Trail
D. First Reading of Bill No. 2026-019 Approving a lease agreement at the 903 Riviera Drive,
Boonville, Missouri water tower with Cellco Partnership d/b/a Verizon Wireless

IX.

Reports of Standing Committees
A. Police Board Meeting (October 12, 2026)
B. Board of Public Works Meeting Minutes September 24th, 2026
C. Planning and Zoning (10.13.26)

Reports of City Officials

City of Boonville City Council Agenda - 10/19/2026

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A. Mayor
B. City Administrator
C. City Clerk
D. City Counselor
XI.

Miscellaneous
A. Road Salt Memorandum 10-13-2026
B. Public Works Monthly Report September 2026

XII.

Adjourn

NOTICE: The City of Boonville will comply with the Americans with Disabilities Act
(ADA). Individuals who require an accommodation due to disability to attend this meeting
should contact our office at (660) 882-2332 or Relay Missouri, 1-800-735-2966 TTY at least 48
hours in advance.

City of Boonville City Council Agenda - 10/19/2026

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City of Boonville
October 5, 2026
7:00 PM
City Council Chambers
525 E. Spring Street
Boonville MO 65233
I.

Call to order – Pledge and Prayer
A. Drew Davis
The Boonville City Council met in Regular Session on October 5, 2026, at 7:00 p. m. in the
Council Chambers located at 525 East Spring Street, Boonville, Missouri. The following
officers were present: Randy Ayers, Sergeant at Arms; Mike Conway, Mayor; Kate Fjell, City
Administrator. Amber Davis, City Clerk, and Brad Wooldridge, City Attorney. The meeting was
called to order. Drew Davis led the prayer after the Pledge of Allegiance

II.

Roll Call
The following council representatives were present: Barry Elbert, Whitney Venable, Drew
Davis, Tanner Bechtel, Hallie Thompson, Evan Melkersman, Andrew Cowherd, and Sy Harvell.

III.

Hearing of Citizens' Comments
None

IV.

Approval of Minutes
A. Seprember 21, 2026
The minutes stand as submitted

Consent Items
None

VI.

Presentation of Accounts and Claims
A. Appropriations
Ms. Davis read the ordinance appropriating money in its entirety and a second time by title
only, since a copy of the ordinance had been made available prior to the meeting.
Mr.Venable moved, and Mr. Davis seconded the motion to approve the ordinance
appropriating money. Discussion: Tanner Bechtel asked about the county water buyout
account; Kate Fjell stated it had been approved at the prior meeting. Andrew Cowherd asked

City of Boonville City Council Minutes - 10/5/2026

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about the large Kemper Sales Tax transfer. Kate explained that Porter Berenson and
Associates had submitted its first bill for Kemper Campus work, under a contracted
percentage of the project; the contract was approximately $330,000 and was about halfway
complete. The expenditure was budgeted and planned. Roll call was taken. Ayes: Elbert,
Venable, Davis, Bechtel, Thompson, Melkersman, Cowherd, and Harvell. Opposed: None.
Absent: None. Motion Carried.
VII.

Unfinished Business
None

VIII.

New Business
A. Consider Resolution R2026-019 Authorizing an Agreement with Porter, Berendzen &
Associates, PC for Design Services at Kemper Campus
Kate Fjell reported that Exhibit A was missing from the packet. Tanner Bechtel also noted that
the resolution contained Section One and Section Three but no Section Two. Mr. Cowherd
made a motion to table Resolution 2026-019 until the next session. Mr. Bechtel seconded
the motion. Roll call was taken: Ayes: Elbert, Venable, Davis, Bechtel, Thompson,
Melkersman, Cowherd, and Harvell. Opposed: None. Absent: None. Motion Carried.

IX.

Reports of Standing Committees
None

Reports of City Officials
A. Mayor
• Mississippi River Cities and Towns Initiative membership
Mayor Conway reported that he, Kate Fjell, Jeff, and a Port Authority representative met with
the Mississippi River Cities and Towns Initiative, which is considering expansion to include
Missouri communities. Potential benefits include feasibility assistance for the port dock,
assistance with earmarks and public-private grant applications, infrastructure project
support, and disaster recovery resources. Annual membership is $2,000. The city is
considering a one-year trial and has discussed splitting the cost with the Port Authority.
Hallie Thompson asked whether the city had held similar memberships. Kate said the
organization is more politically connected than regional or nonprofit groups and that no
Missouri river cities and towns organization currently exists.
B. City Administrator
None
C. City Clerk
None
D. City Counselor

City of Boonville City Council Minutes - 10/5/2026

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Mr. Wooldridge stated that the city has finished the negotiator logs for the roundabout
project and will be submitted for letting. The city is beginning discussions with Nuco LLC
about assuming ownership of the road between Casey's and Taco Bell and potentially
annexing several acres east of the corridor. The property could support future development.
Kate Fjell stated that a conceptual MoDOT outer-road plan could eventually connect the road
to Highway 87.
Mr. Bechtel asked about Nuco's land ownership; Brad Wooldridge and Andrew Cowherd
described the road and adjacent acreage. Andrew Cowherd asked about a potential MoDOT
connection; Kate confirmed it appears in a conceptual plan.
XI.

Miscellaneous
None

XII.

Adjourn
Mr. Cowherd moved, and Mr. Davis seconded the motion to adjourn at 7:14 p.m. The voice
vote was unanimous.

City of Boonville City Council Minutes - 10/5/2026

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ORDINANCEAPPROPRIATINGMONEY
Be it Ordained by the Council ofthe City of Boonville as follows:

., -. se.ctio"1: F.01'thePurPoseofPayin9salariesandvariousaccountsagainsttheCityofBoonville,

whichhavebeenallowed bytheCouncil, attheregularmeeting thereofon "

the sum of $500,471.88

" 10. 19.2026""""""'

General Fund

$178, 904. 60

Sanitation

$68,256.20

CIP Tax

$37,087.37

Water Works

$168,734.39

Capital Projects

$0.00

Waste Water

$22, 318. 11

Tourism

$12, 495. 82

Gaming

$10,683. 13

Parks/Water

$1,992.26

Kemper Sales Tax

$0. 00

Section 2: The Accountant is hereby authorized and instructed to draw checks on the
respective City bank accounts, in favor ofthe persons whose salaries and accounts have been

allowedasabove,amountingto

$500,471.88

money above appropriated.

beingthetotalamountof

Section3: Thisordinanceshalltakeeffectandbeinforcefromandafteritspassage. First

reading on

10. 19. 2026

read forthe second time this

"10. 19^2026

sincea copywasmadeavailablepriorto the meeting.
Approved

10. 19.2026
Mayor

Endorsed

10-'1.9-2026.

: I herebycertifythata sufficientsumofmoneystandstothecredit

;ity, unappropriated, in the variousfundsto meetthe requirementsofthis ordinance.

Accountant

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RESOLUTION NO. R2026-19

A RESOLUTION OF THE CITY OF BOONVILLE, MISSOURI, AUTHORIZING
AND APPROVING AN AGREEMENTS BETWEEN AND THE CITY OF
BOONVILLE; AND BETWEEN PORTER, BERENDZEN & ASSOCIATES, P.C.
AND THE CITY OF BOONVILLE, MISSOURI PERTAINING TO DESIGN
SERVICES FOR KEMPER CAMPUS PROJECTS; AND PROVIDING AN
EFFECTIVE DATE THEREFOR.
WHEREAS, the City of Boonville is continuing Kemper Campus capital improvements;
and
WHEREAS, the Citizens of Boonville approved a temporary sales tax to support these
projects on August 13, 2019; and
WHEREAS, this major project requires professional architectural and construction
related services; and
WHEREAS, the initial contract was entered into on December 19,2019 and we are
moving from preliminary design to final plans and construction; the parties feel a new
contract for services is appropriate.
NOW THEREFORE, be it resolved by the City Council of the City of Boonville,
Missouri, as follows:
SECTION 1: That a certain Agreement between Porter, Berendzen & Associates, P.C.
and the City of Boonville, Missouri relating to the Kemper Campus
Capital Improvements, a copy of which is marked “Exhibit A” is
attached hereto and made a part hereof, is hereby approved.
SECTION 2: That the City Administrator and the City Clerk are hereby authorized to
execute and attest said Agreement on behalf of the City of Boonville.
SECTION 3: This resolution shall take effect and be in full force from and after its
passage and approval.
Passed this 19th day of October 2026, by the City Council of Boonville, Missouri

______________________________
Mike Conway, Mayor
ATTEST:
__________________________________
Amber Davis, City Clerk

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Document B132 – 2019
TM

Standard Form of Agreement Between Owner and Architect, Construction
Manager as Adviser Edition

AGREEMENT made as of the Fifth day of October in the year Two Thousand TwentySix
(In words, indicate day, month, and year.)
BETWEEN the Architect’s client identified as the Owner:
(Name, legal status, address, and other information)
City of Boonville
401 Main Street
Boonville, Missouri 65233
Telephone Number: 660.882.2332
and the Architect:
(Name, legal status, address, and other information)
Porter, Berendzen & Associates, P.C., a Missouri Professional Corporation
200 South Henry Clay Blvd.
Ashland, MO 65010
Telephone Number: 573.657.2022
for the following Project:
(Name, location, and detailed description)
City of Boonville
Boonville, Missouri
Various Facilities Improvements as directed by the City's Representative. The
Architect will typically provide and coordinate all disciplines including Architectural
and Engineering (Structural, Mechanical, Electrical and Plumbing). Civil Engineering
may or may not be in the Architects contract. This will be determined upon mutual
agreement between the Owner's Representative and the Architect on a per project by
project basis.
The Construction Manager:
(Name, legal status, address, and other information)
Septagon Construction Management, Inc.
113 East Third Street
Sedalia, Missouri 65301
Telephone Number: 660.827.2112

ADDITIONS AND DELETIONS:
The author of this document may
have revised the text of the original
AIA standard form. An Additions
and Deletions Report that notes
revisions to the standard form text
is available from the author and
should be reviewed. A vertical line
in the left margin of this document
indicates where the author has
added to or deleted from the
original AIA text.
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
This document is intended to be
used in conjunction with AIA
Documents A132™–2019,
Standard Form of Agreement
Between Owner and Contractor,
Construction Manager as Adviser
Edition; A232™–2019, General
Conditions of the Contract for
Construction, Construction
Manager as Adviser Edition; and
C132™–2019, Standard Form of
Agreement Between Owner and
Construction Manager as Adviser.
AIA Document A232™–2019 is
adopted in this document by
reference. Do not use with other
general conditions unless this
document is modified.

The Owner and Architect agree as follows.

AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
User Notes:
(69949ba1f20b2d565b0a1162)

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TABLE OF ARTICLES
1

INITIAL INFORMATION

ARCHITECT’S RESPONSIBILITIES

SCOPE OF ARCHITECT’S BASIC SERVICES

SUPPLEMENTAL AND ADDITIONAL SERVICES

OWNER’S RESPONSIBILITIES

COST OF THE WORK

COPYRIGHTS AND LICENSES

CLAIMS AND DISPUTES

TERMINATION OR SUSPENSION

MISCELLANEOUS PROVISIONS

COMPENSATION

SPECIAL TERMS AND CONDITIONS

SCOPE OF THE AGREEMENT

ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.
(For each item in this section, insert the information or a statement such as “not applicable,” or “unknown at time of
execution”.)
§ 1.1.1 The Owner’s program for the Project:
(Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which
the program will be developed.)
To be determined.
§ 1.1.2 The Project’s physical characteristics:
(Identify or describe pertinent information about the Project’s physical characteristics, such as size; location;
dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public
and private utilities and services; legal description of the site; etc.)
To be determined.
§ 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1:
(Provide total and, if known, a line item breakdown.)
To be determined.
§ 1.1.4 The Owner’s anticipated design and construction milestone dates:
.1
Design phase milestone dates, if any:
To be established upon mutual agreement between the Owner's Representative and the Architect.
.2

Construction commencement date:
To be determined.

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Substantial Completion date or dates:
To be determined.

Other milestone dates:

§ 1.1.5 The Owner intends the following procurement method for the Project:
(Identify method such as competitive bid or negotiated contract.)
Multiple Prime Contractors
§ 1.1.6 The Owner’s requirements for accelerated or fast-track design and construction, multiple bid packages, or phased
construction are set forth below:
(Identify any requirements for fast-track scheduling or phased construction and, if applicable, list number and type of
bid/procurement packages.)
To be determined.
§ 1.1.7 The Owner’s anticipated Sustainable Objective for the Project:
(Identify and describe the Owner’s Sustainable Objective for the Project, if any.)
None at this time. To be determined.
§ 1.1.7.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA
Document E235-2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, into this Agreement to
define the terms, conditions and services related to the Owner’s Sustainable Objective. If E235-2019 is incorporated into
this Agreement, the Owner and Architect shall incorporate the completed E235-2019 into the agreements with the
consultants and contractors performing services or Work in any way associated with the Sustainable Objective.
§ 1.1.8 The Owner identifies the following representative in accordance with Section 5.4:
(List name, address, and other contact information.)
Ms. Kate Fjell - City Administrator
City of Boonville
401 Main Street
Boonville, Missouri 65233
Telephone Number: 660.882.2332
(and other representatives as assigned by the City)
§ 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s
submittals to the Owner are as follows:
(List name, address, and other contact information.)
City Council, City of Boonville, Missouri
§ 1.1.10 The Owner shall retain the following consultants and Contractors:
(List name, legal status, address, and other contact information.)
.1
Construction Manager:
(The Construction Manager is identified on the cover page. If a Construction Manager has not been
retained as of the date of this Agreement, state the anticipated date of retention. If the Architect is to assist
the Owner in selecting the Construction Manager, complete Section 4.1.1.1.)
.2

Land Surveyor:

Geotechnical Engineer:

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Civil Engineer:

Other consultants and Contractors:
(List any other consultants and Contractors retained by the Owner.)

§ 1.1.11 The Architect identifies the following representative in accordance with Section 2.4:
(List name, address, and other contact information.)
Jay Berendzen, AIA
Porter, Berendzen & Associates, P.C.
200 South Henry Clay Blvd.
Ashland, Missouri 65010
Telephone Number: 573.657.2022
§ 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2:
(List name, legal status, address, and other contact information.)
§ 1.1.12.1 Consultants retained under Basic Services:
.1
Structural Engineer:
To be determined.
.2

Mechanical Engineer:
To be determined.

Electrical Engineer:
To be determined.

§ 1.1.12.2 Consultants retained under Supplemental Services:
N/A
§ 1.1.13 Other Initial Information on which the Agreement is based:
N/A
§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial
Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. The Owner shall adjust the
Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to
accommodate material changes in the Initial Information.
§ 1.3 The parties shall agree upon written protocols governing the transmission and use of, and reliance on, Instruments of
Service or any other information or documentation in digital form.
§ 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to written protocols
governing the use of, and reliance on, the information contained in the model shall be at the using or relying party’s sole
risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the
building information model, and each of their agents and employees.
§ 1.4 The term “Contractors” refers to persons or entities who perform Work under contracts with the Owner that are
administered by the Architect and Construction Manager. The term “Contractors” is used to refer to such persons or
entities, whether singular or plural. The term does not include the Owner’s own forces, or Separate Contractors, which are
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
User Notes:
(69949ba1f20b2d565b0a1162)

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persons or entities who perform construction under separate contracts with the Owner not administered by the Architect
and Construction Manager.
ARTICLE 2 ARCHITECT’S RESPONSIBILITIES
§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is
properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or
shall cause such services to be performed by appropriately licensed design professionals.
§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances and in compliance with all
applicable federal, state and local laws, regulations, codes and ordinances (hereafter, "Laws"). The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the
Project.
§ 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in
the Agreement Between Owner and Construction Manager. The Architect shall not be responsible for actions taken by the
Construction Manager. The Architect shall cooperate with the Owner's Construction Manager and Owner's other
consultants, contractors and service providers in providing its services hereunder.
§ 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project.
Continuity of Architects's personnel is important to Owner. Accordingly, Architect shall not replace any designated
representative without Owner's consent unless such representative leaves the employ of Architect or is otherwise unable
to perform the services required hereunder. In such event, Architect shall propose substitute personnel with substantially
similar qualifications and experience within fourteen (14) days and such personnel shall be subject to Owner's approval,
not to be unreasonably withheld. If Owner does not approve such substitute personnel, Architect may propose another
alternate suggestion, and if Owner also does not approve that other alternate, Owner may terminate this Agreement.
§ 2.5 Except with the Owner’s knowledge and written consent from the City's Board of Aldermen, the Architect shall not
engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise
the Architect’s professional judgment with respect to this Project.
§ 2.6 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements
set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect
as set forth in Section 11.9.
§ 2.6.1 Commercial General Liability with policy limits of not less than ($ ) for each occurrence and ($ ) in the aggregate
for bodily injury and property damage.
§ 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits
of not less than ($ ) per accident for bodily injury, death of any person, and property damage arising out of the ownership,
maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage.
§ 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile
Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess
or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections
2.6.1 and 2.6.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the
primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual
payment by the underlying insurers.
§ 2.6.4 Workers’ Compensation at statutory limits and Employers Liability with a policy limit of not less than as required
in Exhibit A ($ ).
§ 2.6.5 Employers’ Liability with policy limits not less than ($ ) each accident, ($ ) each employee, and ($ ) policy limit.
§ 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services
with policy limits of not less than ($ ) per claim and ($ ) in the aggregate.
§ 2.6.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
User Notes:
(69949ba1f20b2d565b0a1162)

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excess or umbrella policies for Commercial General Liability and Automobile Liability to include the Owner as an
additional insured for claims caused in whole or in part by the Architect’s negligent acts or omissions. The additional
insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both
ongoing and completed operations.
§ 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements
in this Section 2.6.
ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES
§ 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary
structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or
Additional Services.
§ 3.1.1 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings,
communicate with members of the Project team, and report progress to the Owner.
§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager,
and the Owner’s other consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the
accuracy, completeness, and timeliness of, services and information furnished by the Owner, the Construction Manager,
and the Owner’s other consultants provided that, as to those services and information within the scope of Services
provided by Architect, Architect has first reviewed such items in its capacity as project architect and provided prompt
written notice to the Owner of any error, omission or inconsistency in such services or information Prior to such reliance.
The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or
inconsistency, in such services or information.
§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit, for the Construction Manager’s
review and the Owner’s approval, a schedule for the performance of the Architect’s services. The schedule shall include
design phase milestone dates, as well as the anticipated dates for the commencement of construction and for Substantial
Completion of the Work as set forth in the Initial Information. This schedule shall include allowances for periods of time
required for the Owner’s review, for the Construction Manager’s review, for the performance of the Owner’s consultants,
and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time
limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the
Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement
of construction.
§ 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the
Project schedule as it relates to the Architect’s services. Any schedule adjustment is subject to the written agreement of
the Owner, which will not be unreasonably withheld, conditioned or delayed.
§ 3.1.5 The Architect shall not be responsible for an Owner’s or Construction Manager’s directive or substitution, or for
the Owner’s acceptance of non-conforming Work, made or given without the Architect’s written approval.
§ 3.1.6 The Architect shall, in coordination with the Construction Manager, contact governmental authorities required to
approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to
applicable design requirements imposed by those authorities and entities.
§ 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner’s responsibility for
filing documents required for the approval of governmental authorities having jurisdiction over the Project as follows:
Following Owner's approval of the Construction Documents, the Architect shall, on Owner's behalf, be responsible for
submitting the Construction Documents for approval of such governmental authorities. Owner shall cooperate and assist
the Architect in making such applications and obtaining such approvals. The the extent that in order to obtain required
approvals, revisions must be made to the Construction Documents prepared by the Architect or its consultants, the
Architect shall make such revisions at its sole cost and expense. The Owner shall pay governmental fees associated with
obtaining approvals except those costs arising due to Architect's failure to comply with applicable Laws, which Architect
shall then pay without reimbursement for the Owner.

§ 3.2 Schematic Design Phase Services
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
User Notes:
(69949ba1f20b2d565b0a1162)

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§ 3.2.1 The Architect shall review the program and other information furnished by the Owner and Construction Manager,
and shall review laws, codes, and regulations applicable to the Architect’s services.
§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the
Work, Project site, and the proposed procurement and delivery method, and other Initial Information, each in terms of the
other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies
discovered in the information, and (2) other information or consulting services that may be reasonably needed for the
Project.
§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss
with the Owner and Construction Manager alternative approaches to design and construction of the Project. The Architect
shall reach an understanding with the Owner and Construction Manager regarding the requirements of the Project.
§ 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, to the
Owner and Construction Manager, for the Owner’s approval, a preliminary design illustrating the scale and relationship of
the Project components.
§ 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents
for the Construction Manager’s review and Owner’s approval. The Schematic Design Documents shall consist of drawings
and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may
include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major
building systems and construction materials shall be noted on the drawings or described in writing.
§ 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation,
together with other considerations based on program and aesthetics, in developing a design that is consistent with the
Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable
design services as a Supplemental Service under Section 4.1.1.
§ 3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials,
building systems and equipment, together with other considerations based on program and aesthetics, in developing a
design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work.
§ 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The
Architect shall meet with the Construction Manager to review the Schematic Design Documents.
§ 3.2.7 Upon receipt of the Construction Manager’s review comments and cost estimate at the conclusion of the Schematic
Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner’s approval of the
Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner’s
budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate such
revisions in the Design Development Phase.
§ 3.2.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the
Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by
the Construction Manager under the Construction Manager’s agreement with the Owner.
§ 3.3 Design Development Phase Services
§ 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any
adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design
Development Documents for the Construction Manager’s review and the Owner’s approval. The Design Development
Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall
illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and
other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building
systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical
systems, and other appropriate elements. The Design Development Documents shall also include outline specifications
that identify major materials and systems and establish in general their quality levels.
§ 3.3.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development
Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to
review the Design Development Documents.
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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§ 3.3.3 Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Design Development
Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner’s approval of the
Design Development Documents.
§ 3.4 Construction Documents Phase Services
§ 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any
adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction
Documents for the Construction Manager’s review and the Owner’s approval. The Construction Documents shall
illustrate and describe the further development of the approved Design Development Documents and shall consist of
Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems
and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform
the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other
similar submittals, which the Architect shall review in accordance with Section 3.6.4.
§ 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental
authorities having jurisdiction over the Project and shall cause the Construction Documents to meet the requirements of
applicable Laws.
§ 3.4.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the
Owner and the Construction Manager in the development and preparation of (1) bidding and procurement information
that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreements
between the Owner and Contractors; and (3) the Conditions of the Contracts for Construction (General, Supplementary
and other Conditions); and (4) compile a project manual that includes the Conditions of the Contracts for Construction,
including bidding requirements and sample forms and includes documentation required by law for public works such as
prevailing wage and bonding information. The Project manual shall also include a requirement that all contractors
(whether general contractor, prime contractor, subcontractor or supplier) shall conduct criminal background checks for
their respective employees and other individuals who will work on the Project for such contractor(s). The language shall
require that the checks shall be obtained through the Missouri State Highway Patrol an shall include without limitation, a
thorough review of the list of registered sex offenders, and any such individual who does not pass such background check
as determined by the Owner in its sole discretion shall not be permitted to enter the premises where the project is located
or any other school district property or to work on the Project.
§ 3.4.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction
Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to
review the Construction Documents.
§ 3.4.5 Upon receipt of the Construction Manager’s information and an estimate at the conclusion of the Construction
Documents Phase, the Architect shall take action as required under Section 6.7, and request the Owner’s approval of the
Construction Documents.
§ 3.5 Procurement Phase Services
§ 3.5.1 General
The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following
the Owner’s approval of the Construction Documents, the Architect shall assist the Owner and Construction Manager in
(1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3)
determining the successful bid or proposal, if any; and (4) awarding and preparing Contracts for Construction.
§ 3.5.2 Competitive Bidding
§ 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
§ 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by
.1
facilitating the distribution of Bidding Documents to prospective bidders;
.2
organizing and conducting a pre-bid conference for prospective bidders;
.3
preparing responses to questions from prospective bidders and providing clarifications and interpretations
of the Bidding Documents to the prospective bidders in the form of addenda; and
.4
organizing and conducting the opening of bids, and subsequently documenting and distributing the bidding
results, as directed by the Owner.
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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§ 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an
Additional Service, consider requests for substitutions, and prepare and distribute addenda identifying approved
substitutions to all prospective bidders.
§ 3.5.3 Deleted

§ 3.6 Construction Phase Services
§ 3.6.1 General
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth
below and in AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager
as Adviser Edition, as modified by Owner and Contractor. If the Owner and Contractor modify AIA Document
A232–2019, those modifications shall not affect the Architect’s services under this Agreement without Architect's
consent, which shall not be unreasonably withheld, conditioned or delayed..
§ 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase
Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.
The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be
responsible for the Contractors’ failure to perform the Work in accordance with the requirements of the Contract
Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions as wall as the negligent acts
and/or omissions of Architect's consultants, but shall not have control over or charge of, and shall not be responsible for
acts or omissions of the Construction Manager, or acts or omissions of the Contractors or of any other persons or entities
performing portions of the Work.
§ 3.6.1.3 Subject to Section 4.2, and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide
Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date
the Architect issues the final Certificate for Payment.
§ 3.6.2 Evaluations of the Work
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in
Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to
determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract Documents. In no event shall the Architect visit the Site less than once
every two weeks while construction is in active progress (if Contractor is not on site for a two-week period due to adverse
weather or for other reasons fails to progress the Work during any two-week period, the Architect shall not be obligated to
visit the site for that period). However, the Architect shall not be required to make exhaustive or continuous onsite
inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner
reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the
Owner and the Construction Manager (1) known deviations from the Contract Documents and from the most recent
construction schedule,, and (2) defects and deficiencies observed in the Work.
§ 3.6.2.2 The Architect, in consultation with the Owner, has the authority to reject Work that does not conform to the
Contract Documents and shall notify the Construction Manager about the rejection. Whenever the Architect considers it
necessary or advisable, the Architect, upon written authorization from the Owner and notification to the Construction
Manager, shall have the authority to require inspection or testing of the Work in accordance with the provisions of the
Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the
Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or
responsibility of the Architect to the Contractors, Subcontractors, suppliers, their agents or employees, or other persons or
entities performing portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract
Documents on written request of the Construction Manager, Owner, or Contractors through the Construction Manager.
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with
reasonable promptness.
§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from,
the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and
decisions, the Architect shall not be liable for results of interpretations or decisions rendered in good faith. The
Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
§ 3.6.2.5 Unless the Owner and Contractors designate another person to serve as an Initial Decision Maker, as that term is
defined in AIA Document A232–2019, the Architect, with the assistance of the Construction Manager, shall render initial
decisions on Claims between the Owner and Contractors as provided in the Contract Documents.
§ 3.6.3 Certificates for Payment to Contractor
§ 3.6.3.1 Not more frequently than monthly, the Architect shall review and certify an application for payment. Within
seven days after the Architect receives an application for payment forwarded from the Construction Manager, the
Architect shall review and certify the application as follows:
.1
Where there is only one Contractor responsible for performing the Work, the Architect shall review the
Contractor’s Application and Certificate for Payment that the Construction Manager has previously
reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a
Certificate for Payment in such amount.
.2
Where there is more than one Contractor responsible for performing different portions of the Project, the
Architect shall review the Project Application and Project Certificate for Payment, with the Summary of
Contractors’ Applications for Payment, that the Construction Manager has previously prepared, reviewed,
and certified. The Architect shall certify the total amount due all Contractors collectively and shall issue a
Project Certificate for Payment in the total of such amounts.
§ 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the
Architect’s evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor’s Application for
Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction
Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point
indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractors are entitled to
payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for
conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections,
(3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications
expressed by the Architect.
§ 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that
the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2)
reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received
from Subcontractors and suppliers and other data requested by the Owner to substantiate each Contractor’s right to
payment, or (4) ascertained how or for what purpose that Contractor has used money previously paid on account of the
Contract Sum.
§ 3.6.3.4 The Architect shall maintain a record of the Applications and Certificates for Payment.
§ 3.6.4 Submittals
§ 3.6.4.1 The Architect shall review the Construction Manager’s Project submittal schedule and shall not unreasonably delay
or withhold approval of the schedule. The Architect’s action in reviewing submittals transmitted by the Construction
Manager shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal
schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit
adequate review.
§ 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractors’ submittals such
as Shop Drawings, Product Data and Samples, that the Construction Manager has reviewed, recommended for approval,
and transmitted to the Architect. The Architect’s review of the submittals shall only be for the limited purpose of checking
for conformance with information given and the design concept expressed in the Contract Documents. Review of such
submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,
quantities, and installation or performance of equipment or systems, which are the Contractors’ responsibilities. The
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques,
sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which
the item is a component.
§ 3.6.4.3 If the Contract Documents specifically require the Contractors to provide professional design services or
certifications by a design professional related to systems, materials or equipment, the Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review and take
appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractors’
design professionals, provided the submittals bear such professionals’ seal and signature when submitted to the Architect.
The Architect’s review shall be for the limited purpose of checking for conformance with information given and the
design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be
responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such
design professionals.
§ 3.6.4.4 After receipt of the Construction Manager’s recommendations, and subject to the provisions of Section 4.2, the
Architect shall review and respond to requests for information about the Contract Documents. The Architect, in
consultation with the Construction Manager, shall set forth in the Contract Documents the requirements for requests for
information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific
Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response
to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If
appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests
for information.
§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction
Manager in accordance with the requirements of the Contract Documents.
§ 3.6.5 Changes in the Work
§ 3.6.5.1 The Architect shall review and sign, or take other appropriate action, on Change Orders and Construction Change
Directives prepared by the Construction Manager for the Owner’s approval and execution in accordance with the Contract
Documents.
§ 3.6.5.2 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents
and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be
effected by written order issued by the Architect through the Construction Manager. Only the Owner's Representative has
the authority to issue a Change Order or Change Directive that increases a Contract sum or extends Contract Time. The
Owner's Representative may delegate limited authority for authorizing increases in the Contract sum or extensions of
Contract Time by such authoriation shall be specified in a separate written conuent.
§ 3.6.5.3 The Architect shall maintain records relative to changes in the Work.
§ 3.6.6 Project Completion
§ 3.6.6.1 The Architect, assisted by the Construction Manager, shall:
.1
conduct inspections to determine the date of Substantial Completion and the date of final completion;
.2
issue a Certificate of Substantial Completion prepared by the Construction Manager;
.3
review written warranties and related documents required by the Contract Documents and received from
the Contractors, through the Construction Manager; and
.4
after receipt of a final Contractor’s Application and Certificate for Payment or a final Project Application
and Project Certificate for Payment from the Construction Manager, issue a final Certificate for Payment
based upon a final inspection indicating that, to the best of the Architect’s knowledge, information, and
belief, the Work complies with the requirements of the Contract Documents.
§ 3.6.6.2 The Architect’s inspections shall be conducted with the Owner and Construction Manager to (1) check
conformance of the Work with the requirements of the Contract Documents and (2) verify the accuracy and completeness
of the lists submitted by the Construction Manager and Contractors of Work to be completed or corrected.
§ 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the
Contract Sum remaining to be paid each of the Contractors, including the amount to be retained from the Contract Sum, if
any, for final completion or correction of the Work.
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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§ 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractors, through the
Construction Manager: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making
of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens;
and (3) any other documentation required of the Contractors under the Contract Documents.
§ 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the
Architect shall, without additional compensation, conduct a meeting with the Owner and Construction Manager to review
the facility operations and performance.
ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES
§ 4.1 Supplemental Services
§ 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect
shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect’s
responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically
addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed
Supplemental Service is not being provided for the Project.
(Designate the Architect’s Supplemental Services and the Owner’s Supplemental Services required for the Project by
indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert
a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this
Agreement.)
Supplemental Services
§ 4.1.1.1
Assistance with selection of Construction Manager
§ 4.1.1.2
Programming
§ 4.1.1.3
Multiple preliminary designs
§ 4.1.1.4
Measured drawings
§ 4.1.1.5
Existing facilities surveys
§ 4.1.1.6
Site evaluation and planning
§ 4.1.1.7
Building Information Model management responsibilities
§ 4.1.1.8
Development of Building Information Models for post
construction use
§ 4.1.1.9
Civil engineering
§ 4.1.1.10
Landscape design
§ 4.1.1.11
Architectural interior design
§ 4.1.1.12
Value analysis
§ 4.1.1.13
Cost estimating
§ 4.1.1.14
On-site project representation
§ 4.1.1.15
Conformed documents for construction
§ 4.1.1.16
As-designed record drawings
§ 4.1.1.17
As-constructed record drawings
§ 4.1.1.18
Post-occupancy evaluation
§ 4.1.1.19
Facility support services
§ 4.1.1.20
Tenant-related services
§ 4.1.1.21
Architect’s coordination of the Owner’s consultants
§ 4.1.1.22
Telecommunications/data design
§ 4.1.1.23
Security evaluation and planning
§ 4.1.1.24
Commissioning
§ 4.1.1.25
Sustainable Project Services pursuant to Section 4.1.3
§ 4.1.1.26
Historic preservation
§ 4.1.1.27
Furniture, furnishings, and equipment design

Responsibility
(Architect, Owner or Not Provided)
Owner
Owner
NP
NP
Owner
NP
NP
NP
Owner / Architect
NP
NP
NP
NP
NP
NP
Architect
Architect
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP

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§ 4.1.1.28
§ 4.1.1.29

Other services provided by specialty Consultants
Other Supplemental Services

NP
NP

§ 4.1.2 Description of Supplemental Services
§ 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect’s responsibility is
provided below.
(Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify
the exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be included as an
exhibit to describe the Architect’s Supplemental Services.)
§ 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided
below.
(Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the
exhibit.)
§ 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service,
the Sustainability Services required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager
as Adviser Edition, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2.
§ 4.2 Architect’s Additional Services
The Architect may provide Additional Services after execution of this Agreement, without invalidating the Agreement.
Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this
Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the
Architect’s schedule.
§ 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with
reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to
provide the following Additional Services until the Architect receives the Owner’s written authorization:
.1
Services necessitated by a change in the Initial Information, previous instructions or recommendations
given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in
the Project including size, quality, complexity, building systems, the Owner’s schedule or budget for Cost
of the Work, constructability considerations, procurement or delivery method, or bid packages in addition
to those listed in Section 1.1.6;
.2
Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7),
when such revisions are required because the Construction Manager’s estimate of the Cost of the Work
exceeds the Owner’s budget, except where such excess is due to changes initiated by the Architect in
scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment;
.3
Services necessitated by enactment or revision of codes, laws, or regulations, including changing or editing
previously prepared Instruments of Service;
.4
Changing or editing previously prepared Instruments of Service necessitated by official interpretations of
applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable
authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to
requirements of the Instruments of Service when those Instruments of Service were prepared in accordance
with the applicable standard of care;
.5
Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner
or any other failure of performance on the part of the Owner, Construction Manager or the Owner’s other
consultants or contractors;
.6
Deleted
.7
Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or
Construction Manager;
.8
Preparation for, and attendance at, a public presentation, meeting or hearing;
.9
Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the
Architect is party thereto;
.10 Deleted
.11 Consultation concerning replacement of Work resulting from fire or other cause during construction; or
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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.12

Assistance to the Initial Decision Maker, if other than the Architect.

§ 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the
Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the
Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt
written notice to the Architect of the Owner’s determination. The Owner shall compensate the Architect for the services
provided prior to the Architect’s receipt of the Owner’s notice:
.1
Reviewing a Contractor’s submittal out of sequence from the Project submittal schedule approved by the
Architect;
.2
Responding to the Contractors’ requests for information that are not prepared in accordance with the
Contract Documents or where such information is available to the Contractors from a careful study and
comparison of the Contract Documents, field conditions, other Owner-provided information, Contractorprepared coordination drawings, or prior Project correspondence or documentation;
.3
Preparing Change Orders, and Construction Change Directives that require evaluation of Contractors’
proposals and supporting data, or the preparation or revision of Instruments of Service, unless required as a
result of design error or other errors or omissions of Architect, Revisions required to correct design errors
or inconsistencies shall be considered a part of Basic Services;
.4
Evaluating an extensive number of Claims as the Initial Decision Maker, unless required as a result of
design error or other errors or omissions of Archtiect. Revisions required to correct design errors or in
consistencies shall be considered a part of Basic Services; or
.5
Evaluating substitutions proposed by the Owner, Construction Manager or Contractors and making
subsequent revisions to Instruments of Service resulting therefrom.
§ 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services. When the limits below are reached, the Architect shall notify the Owner:
.1
Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the
Contractors
.2
Bi-weekly or as agreed upon during construction ( ) visits to the site by the Architect during construction
.3
One ( 1 ) inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
.4
One ( 1 ) inspections for any portion of the Work to determine final completion
§ 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in
Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the
Work, or (2) the anticipated date of Substantial Completion identified in the Initial Information, whichever is earlier, shall
be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction
Phase Services.
§ 4.2.5 If the services covered by this Agreement have not been completed within ( ) months of the date of this Agreement,
through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as
Additional Services.
ARTICLE 5 OWNER’S RESPONSIBILITIES
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s
objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability,
special equipment, systems and site requirements.
§ 5.2 The Owner shall retain a Construction Manager to provide services, duties and responsibilities as described in AIA
Document C132–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Owner
shall provide the Architect with a copy of the scope of services in the agreement executed between the Owner and the
Construction Manager, and any subsequent modifications to the Construction Manager’s scope of services in the
agreement.
§ 5.3 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as
defined in Section 6.1; (2) the Owner’s other costs; and (3) reasonable contingencies related to all of these costs. The
Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until final
completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner
shall notify the Architect and the Construction Manager. The Owner and the Architect, in consultation with the
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality.
§ 5.3.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with
it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of
the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction
Documents, and costs for the Contractors to remove and replace previously installed Work. If the Owner selects
accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient
contingencies to cover such costs.
§ 5.4 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The
Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable
delay in the orderly and sequential progress of the Architect’s services. Notwithstanding the foregoing only the Owner's
Representative has the authority to agree to an increase in compensation or fee, or to any extension in time frames set
forth herein.
§ 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site
of the Project, and a written legal description of the site. To the extent necessary for the Project, the surveys and legal
information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed
restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing
buildings, other improvements and trees; and information concerning available utility services and lines, both public and
private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a
Project benchmark.
§ 5.6 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations
of soil bearing values, percolation tests, evaluations of hazardous materials, seismic
evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions,
with written reports and appropriate recommendations.
§ 5.7 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1.
§ 5.8 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in
AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this
Agreement.
§ 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon
the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the
Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility
of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect
requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall
require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to
the services or work provided.
§ 5.10 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
§ 5.11 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner’s needs and interests.
§ 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes
aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of
Service.
§ 5.13 The Owner shall communicate with the Contractors and the Construction Manager’s consultants through the
Construction Manager about matters arising out of or relating to the Contract Documents. The Owner and Construction
Manager shall include the Architect in all communications that relate to or affect the Architect’s services or professional
responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between
the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect’s
consultants shall be through the Architect.
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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§ 5.14 Before executing the Contracts for Construction, the Owner shall coordinate the Architect’s duties and
responsibilities set forth in the Contracts for Construction with the Architect’s services set forth in this Agreement. The
Owner shall provide the Architect a copy of the executed agreements between the Owner and Contractors, including the
General Conditions of the Contracts for Construction.
§ 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall
obligate the Construction Manager and Contractors to provide the Architect access to the Work wherever it is in
preparation or progress. The Architect shall comply with all of the Owner's policies pertaining to visitors, including
signing in upon first entering Owner's property and wearing an identification badge while on Owner's property, if required
by Owner.
§ 5.16 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested
information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights.

5.17 Upon request, the Owner shall provide the Architect with copies of (or instructions for online access to) City Policies
and Procedures that are to be followed during the execution of the Project.
5.18 The Owner or the Construction Manager will provide the Architect with the applicable Prevailing Wage Order and
prevailing wage contract requirements for attachment to the Bid Documents and the Architect shall include such
documentation with the Bid Documents.
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of
the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead
and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s
consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any.
The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise
furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land,
rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the
Project as required under Sections 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the
Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or
negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to
rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the
Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the
Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness
in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may
review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however,
the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between
the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager
shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the
Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager,
shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the
Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase
exceeds the Owner’s budget for the Cost of the Work, the Owner shall
.1
give written approval of an increase in the budget for the Cost of the Work;
.2
terminate in accordance with Section 9.5;
.3
in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality
as required to reduce the Cost of the Work; or
.4
implement any other mutually acceptable alternative.
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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§ 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation, shall
incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner’s budget for the
Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section
6.5.1. The Architect’s revisions in the Construction Documents Phase shall be the limit of the Architect’s responsibility
under this Article 6.
§ 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any
required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that
exceed the Owner’s budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect
in scope, basic systems, or the kinds and quality of materials, finishes or equipment or equipment or due to design errors,
omissions or inconsistencies.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such
information for its use on the Project.
Owner shall be deemed the owner of the Instruments of Service, including the Drawings and Specifications, and shall
retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of
Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is
not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants.
§ 7.3 Deleted.
§ 7.3.1 In the event the Owner uses the Instruments of Service for other than the Project contemplated herein, , the Owner
releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The terms
of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4.
§ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under
this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein
to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service
shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants.
§ 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this
Agreement.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 General
§ 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise,
against the other and arising out of or related to this Agreement, in accordance with the requirements of the binding
dispute resolution method selected in this Agreement within the period specified by applicable law, . The Owner and
Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1.
§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other
and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have
to the proceeds of such insurance as set forth in AIA Document A232–2019, General Conditions of the Contract for
Construction, as modified by the Owner. The Owner or the Architect, as appropriate, shall require of the Construction
Manager, contractors, consultants, agents and employees of any of them, similar waivers in favor of the other parties
enumerated herein.
§ 8.1.3 Deleted
§ 8.1.4 Deleted.
§ 8.2 Mediation
§ 8.2.1 Deleted.
§ 8.2.2 Deleted.
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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§ 8.2.3 Deleted.
§ 8.2.4 If the parties do not resolve a dispute, the method of binding dispute resolution shall be the following:
(Check the appropriate box.)
[

]

Arbitration pursuant to Section 8.3 of this Agreement

[X]

Litigation in a court of competent jurisdiction

[

Other: (Specify)

]

If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to
a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.
§ 8.3 Arbitration - Deleted

ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of
performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven
days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall
have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before
resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the
interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time
schedules shall be equitably adjusted.
§ 9.2 If the Owner suspends the Project for more than 30 days, the Architect shall be compensated for services performed
prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred
in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time
schedules shall be equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,
the Architect may terminate this Agreement by giving not less than seven days’ written notice.
§ 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail
substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the
termination.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the
Owner’s convenience and without cause.
§ 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or if the Architect terminates
this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to
termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the
Architect’s termination of consultant agreements.

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§ 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience
pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the
Architect the following fees:
(Set forth below the amount of any termination or licensing fee, or the method for determining any termination or
licensing fee.)
.1

Termination Fee:

Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service:

§ 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial
Completion.
§ 9.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are
set forth in Article 7 and Section 9.7.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the law of the place where the Project is located.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232–2019, General Conditions
of the Contract for Construction, Construction Manager as Adviser Edition, except for purposes of this Agreement, the
term “Work” shall include the work of all Contractors under the administration of the Architect and Construction
Manager.
§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives
to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the
other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees
to assume the Owner’s rights and obligations under this Agreement, and including any payments due to the Architect by
the Owner prior to the assignment.
§ 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the
Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such
consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review
at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would
require knowledge, services, or responsibilities beyond the scope of this Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a
third party against either the Owner or Architect.
§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence,
handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the
Project site.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project
among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the
completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s
confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific
information considered by the Owner to be confidential or proprietary nor shall Architect include any photographs or
other likenesses of Owner's administrators or other employees unless otherwise approved in advance in writing by Owner.
The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. This
Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause
pursuant to Section 9.4.
§ 10.8 If the Architect or Owner receives information specifically designated as “confidential” or “business proprietary,”
the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as
set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement.
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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§ 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days’ notice to the
other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory
legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the
receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees,
consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those
employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set
forth in this Section 10.8.
§ 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If
it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that
provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the
Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes
in executing the Agreement.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows:
.1

Stipulated Sum
(Insert amount)

Percentage Basis
(Insert percentage value)
( ) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 11.6.

Other
(Describe the method of compensation)
The fee schedule listed below is a guide for future projects and is not specific to any one project. The fees are to
be negotiated per project with the Owner and the Architect.
The following fee structure is based on projects using a Construction Manager as Advisor and fees are to be
negotiated as such.
The following fee structure includes the following disciplines: Architectural and Engineering (Civil, Structural,
Mechanical, Electrical and Plumbing) and will be negotiated with the Owner's Representative of any of the
disciplines are omitted under this contract. Geo-technical, zoning, platting, surveying and storm water
detention will be an addition to the following fee structure as negotiated with the Owner's Representative
and the Architect.
Compensation for Basic Services shall be Calculated based on Cost of Work and shall be as follows:
For small projects of Five Hundred Thousand Dollars ($500,000.00) or less, we propose a fee in the range of
8,50%to 10.00% of the Cost of Work or as negotiated with the Owner stipulated sum and/or an hourly.
For projects ranging from Five Hundred Dollars ($500,000.00) to One Million dollars ($1,000,000.00), we
propose a fee in the range of 7.50% to 9.00% of the Cost of Work.
For Projects ranging form One Million Dollars ($1,000,000.00) to Five Million Dollars ($5,000,000.00), we
propose a fee in the range of 6.50% to 8.00% of the Cost of Work.
For Projects ranging from Five Million Dollars ($5,000,000.00) to Ten Million Dollars ($10,000,000.00), we
propose a fee in the range of 5.50% to 7.00% of the Cost of Work.
For Projects ranging form Ten Million Dollars ($10,000,000.00) and above, we propose a fee range of 5.00% to
6.50% of the Cost of Work.
For unaccepted Alternates and/or unaccepted Change Orders (required design services) for the Project, the
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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Design Fees shall be through the Bidding or Negotiation (Procurement) Phase as listed below (see para.
11.5 below).
The Cost of Work shall be based on the amount of the Contract awarded to the Contractor, plus any approved
Change Orders. For unaccepted Alternates to the Project, the Cost of Work shall be the amount of the Bid
for the unaccepted Alternates of the Contractor on the Job.
When Multiple Projects (separate bids and separate contracts) are covered by the Agreement, the basis for
compensation described will apply to each individual Project and not the sum of all Projects.

§ 11.2 For the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required
pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of
compensation apply.)
As set forth in Section 11.7.
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the
Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation.)
As set forth in Section 11.7.
§ 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in
Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus Five percent ( 5.00 %), or as follows:
(Insert amount of, or basis for computing, Architect’s consultants’ compensation for Supplemental or Additional
Services.)
§ 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of
compensation for each phase of services shall be as follows:
Schematic Design Phase
Design Development Phase
Construction Documents Phase
Procurement Phase
Construction Phase
Total Basic Compensation

Fifteen percent ( 15.00 %)
Fifteen percent ( 15.00 %)
Fifty percent ( 50.00 %)
Five percent ( 5.00 %)
Fifteen percent ( 15.00 %)
one hundred percent ( 100.00 %)

The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may be
providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in
proportion to services performed in each Phase of Services, as appropriate.
§ 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic
Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget
for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent
updates to the Owner’s budget for the Cost of the Work.
§ 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not
constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those
portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed
whether or not the Construction Phase is commenced.
§ 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants are set forth below. The rates
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
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shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices.
(If applicable, attach an exhibit of hourly billing rates or insert them below.)
Employee or Category
Principal Architect
Project Manager
Drafter
Clerical

Rate ($0.00)
$125.00
$100.00
$80.00
$60.00

§ 11.8 Compensation for Reimbursable Expenses
§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and
include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows:
.1
Transportation and authorized out-of-town travel and subsistence;
.2
Long distance services, dedicated data and communication services, teleconferences, Project web sites, and
extranets;
.3
Permitting and other fees required by authorities having jurisdiction over the Project;
.4
Printing, reproductions, plots, and standard form documents;
.5
Postage, handling, and delivery;
.6
Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
.7
Renderings, physical models, mock-ups, professional photography, and presentation materials requested by
the Owner or required for the Project;
.8
If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultants’
expenses of professional liability insurance dedicated exclusively to this Project, or the expense of
additional insurance coverage or limits in excess of that normally maintained by the Architect’s
consultants;
.9
All taxes levied on professional services and on reimbursable expenses;
.10 Site office expenses;
.11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to
achieve the Sustainable Objective; and
.12 Other similar Project-related expenditures.
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s
consultants plus Zero percent ( 0.00 %) of the expenses incurred.
§ 11.9 Architect’s Insurance
If the types and limits of coverage required in Section 2.6 are in addition to the types and limits the Architect normally
maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages
as set forth below:
(Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section
2.6, and for which the Owner shall reimburse the Architect.)
§ 11.10 Payments to the Architect
§ 11.10.1 Initial Payments
§ 11.10.1.1 An initial payment of One Thousand Dollars and Zero Cents ($ 1,000.00 ) shall be made upon execution of this
Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final
invoice.
§ 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of Zero
Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreement for registration fees and other fees
payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect’s payments to
the Certifying Authority shall be credited to the Owner’s account at the time the expense is incurred.
§ 11.10.2 Progress Payments
§ 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid Forty-Five ( 45 ) days after
the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time
to time at the principal place of business of the Architect.
AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on
10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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(Insert rate of monthly or annual interest agreed upon.)
9.00 %
§ 11.10.2.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated
damages on the Architect, or to offset sums requested by or paid to Contractors for the cost of changes in the Work,
unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.
§ 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and
services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
(Include other terms and conditions applicable to this Agreement.)
12.1 Pre-Execution Services. Notwithstanding the fact that this Agreement is executed as of the date set forth herein, the
parties recognize that portions of the services required hereunder may have already been performed prior to such date, all
of which services shall be governed by the terms and conditions of this Agreement. Architect shall not be entitled to any
compensation for such prior activities and services except as expressly provided for herein. Without limiting any of the
foregoing, all of the Architect's liabilities and obligations to the Owner hereunder shall apply to all pre-execution services
performed by the Architect, notwithstanding the fact that such services may have been performed prior to the date of this
Agreement pursuant to prior negotiations, representations, agreements and understanding or otherwise.
12.2 In any court proceeding or other action brought by either party against the other to enforce or interpret the terms of
this aAgreement or to resolve any dispute concerning any part of the services, the party prevailing in such a proceeding or
action shall be entitled, in addition to such other relief the decision maker may grant, to an award of its costs incurred in
connection with the proceeding ar action, including the reasonable fees and disbursements or its attorneys.
12.3 Prior to commencing work for a Project, the Architect shall obtain appropriate state architectural licenses and/or
registrations for its firm and/or its individual architects as required to practice architecture in the State of Missouri. The
Architect shall immediately advise the Owner if the required licenses or registrations cannot be obtained.
12.4 Upon completion of any Project, Owner may terminate this Agreement at any time upon notice to Architect without
being obligated to pay any Termination Expenses.
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both the Owner and Architect.
§ 13.2 This Agreement is comprised of the following documents identified below:
.1
AIA Document B132™–2019, Standard Form Agreement Between Owner and Architect, Construction
Manager as Adviser Edition
.2
Building Information Modeling Exhibit, if completed:
.3

Deleted.

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Other documents:
(List other documents, if any, forming part of the Agreement.)
Architect Exhibit "A" - Insurance Requirement
E-Verify Documentation

This Agreement is entered into as of the day and year first written above.

/s1/

/s2/

OWNER (Signature)

ARCHITECT (Signature)

BY: Kate Fjell, City Administrator

BY: Jay D. Berendzen, Architect

(Printed name and title)

(Printed name, title, and license number if required)

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Page 32 of 90

Additions
and Deletions
Report for
TM
®
AIA Document B132 – 2019

This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from
the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.
Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any
part of the associated AIA document. This Additions and Deletions Report and its associated document were generated
simultaneously by AIA software at 17:29:54 CDT on 10/01/2026.

ADDEL_REPORT_ANCHOR_V1

Changes to original AIA text
PAGE 5
§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances and in compliance with
all applicable federal, state and local laws, regulations, codes and ordinances (hereafter, "Laws"). The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
the Project.
§ 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as
described in the Agreement Between Owner and Construction ManagerAIA Document C132™–2019, Standard
Form of Agreement Between Owner and Construction Manager as Adviser. The Architect shall not be responsible
for actions taken by the Construction Manager. The Architect shall cooperate with the Owner's Construction
Manager and Owner's other consultants, contractors and service providers in providing its services hereunder.
§ 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project. Continuity of Architects's personnel is important to Owner. Accordingly, Architect shall not replace any
designated representative without Owner's consent unless such representative leaves the employ of Architect or is
otherwise unable to perform the services required hereunder. In such event, Architect shall propose substitute
personnel with substantially similar qualifications and experience within fourteen (14) days and such personnel shall
be subject to Owner's approval, not to be unreasonably withheld. If Owner does not approve such substitute
personnel, Architect may propose another alternate suggestion, and if Owner also does not approve that other
alternate, Owner may terminate this Agreement.
§ 2.5 Except with the Owner’s knowledge and written consent from the City's Board of Aldermen, the Architect
shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to
compromise the Architect’s professional judgment with respect to this Project.
§ 2.6.4 Workers’ Compensation at statutory limits and Employers Liability with a policy limit of not less than as
required in Exhibit A ($ ).
PAGE 6
§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction
Manager, and the Owner’s other consultants. The Architect shall be entitled to rely on, and shall not be responsible
for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner, the
Construction Manager, and the Owner’s other consultants provided that, as to those services and information within
the scope of Services provided by Architect, Architect has first reviewed such items in its capacity as project
architect and provided prompt written notice to the Owner of any error, omission or inconsistency in such services
or information Prior to such reliance. The Architect shall provide prompt written notice to the Owner if the Architect
becomes aware of any error, omission or inconsistency, in such services or information.
Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,”
“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was
produced at 17:29:54 CDT on 10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only,
and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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§ 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and
revising the Project schedule as it relates to the Architect’s services. The Architect shall review and approve, or take
other appropriate action upon, the portion of the Project schedule relating to the performance of the Architect’s
services. Any schedule adjustment is subject to the written agreement of the Owner, which will not be unreasonably
withheld, conditioned or delayed.
§ 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner’s
responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the
Project as follows: Following Owner's approval of the Construction Documents, the Architect shall, on Owner's
behalf, be responsible for submitting the Construction Documents for approval of such governmental authorities.
Owner shall cooperate and assist the Architect in making such applications and obtaining such approvals. The the
extent that in order to obtain required approvals, revisions must be made to the Construction Documents prepared by
the Architect or its consultants, the Architect shall make such revisions at its sole cost and expense. The Owner
shall pay governmental fees associated with obtaining approvals except those costs arising due to Architect's failure
to comply with applicable Laws, which Architect shall then pay without reimbursement for the Owner.
PAGE 8
§ 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental
authorities having jurisdiction over the Project into the Construction Documentsand shall cause the Construction
Documents to meet the requirements of applicable Laws.
§ 3.4.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist
the Owner and the Construction Manager in the development and preparation of (1) bidding and procurement
information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the
form of agreements between the Owner and Contractors; and (3) the Conditions of the Contracts for Construction
(General, Supplementary and other Conditions); and (4) compile a project manual that includes the Conditions of the
Contracts for Construction, and Specifications, and may include bidding requirements and sample formsincluding
bidding requirements and sample forms and includes documentation required by law for public works such as
prevailing wage and bonding information. The Project manual shall also include a requirement that all contractors
(whether general contractor, prime contractor, subcontractor or supplier) shall conduct criminal background checks
for their respective employees and other individuals who will work on the Project for such contractor(s). The
language shall require that the checks shall be obtained through the Missouri State Highway Patrol an shall include
without limitation, a thorough review of the list of registered sex offenders, and any such individual who does not
pass such background check as determined by the Owner in its sole discretion shall not be permitted to enter the
premises where the project is located or any other school district property or to work on the Project.
PAGE 9
§ 3.5.3 Negotiated Proposals Deleted
§ 3.5.3.1 Proposal Documents shall consist of proposal requirements, and proposed Contract Documents.
§ 3.5.3.2 The Architect shall assist the Owner and Construction Manager in obtaining proposals by:
.1

facilitating the distribution of Proposal Documents for distribution to prospective Contractors, and
requesting their return upon completion of the negotiation process;

organizing and participating in selection interviews with prospective Contractors;

preparing responses to questions from prospective Contractors and providing clarifications and
interpretations of the Proposal Documents to the prospective Contractors in the form of addenda; and

participating in negotiations with prospective Contractors, and subsequently preparing a summary
report of the negotiation results, as directed by the Owner.

§ 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect
Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,”
“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was
produced at 17:29:54 CDT on 10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only,
and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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shall, as an Additional Service, consider requests for substitutions, consult with the Construction Manager, and
prepare and distribute addenda identifying approved substitutions to all prospective contractors.
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set
forth below and in AIA Document A232™–2019, General Conditions of the Contract for Construction,
Construction Manager as Adviser Edition, as modified by Owner and Contractor. If the Owner and Contractor
modify AIA Document A232–2019, those modifications shall not affect the Architect’s services under this
Agreement without Architect's consent, which shall not be unreasonably withheld, conditioned or delayed.unless the
Owner and the Architect amend this Agreement.
§ 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction
Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this
Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work,
nor shall the Architect be responsible for the Contractors’ failure to perform the Work in accordance with the
requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or
omissions as wall as the negligent acts and/or omissions of Architect's consultants, but shall not have control over or
charge of, and shall not be responsible for acts or omissions of the Construction Manager, or acts or omissions of the
Contractors or of any other persons or entities performing portions of the Work.
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise
required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work
completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the
Work, when fully completed, will be in accordance with the Contract Documents. In no event shall the Architect
visit the Site less than once every two weeks while construction is in active progress (if Contractor is not on site for
a two-week period due to adverse weather or for other reasons fails to progress the Work during any two-week
period, the Architect shall not be obligated to visit the site for that period). However, the Architect shall not be
required to make exhaustive or continuous on-onsitesite inspections to check the quality or quantity of the Work. On
the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of
the portion of the Work completed, and promptly report to the Owner and the Construction Manager (1) known
deviations from the Contract Documents and from the most recent construction schedule,, (2) known deviations
from the most recent construction schedule submitted by the Construction Manager, and (23) defects and
deficiencies observed in the Work.
§ 3.6.2.2 The Architect, in consultation with the Owner, has the authority to reject Work that does not conform to the
Contract Documents and shall notify the Construction Manager about the rejection. Whenever the Architect
considers it necessary or advisable, the Architect, upon written authorization from the Owner and notification to the
Construction Manager, shall have the authority to require inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However,
neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such
authority shall give rise to a duty or responsibility of the Architect to the Contractors, Subcontractors, suppliers,
their agents or employees, or other persons or entities performing portions of the Work.
PAGE 10
§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable
from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
and decisions, the Architect shall endeavor to secure faithful performance by the Owner and Contractors, shall not
show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The
Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
PAGE 11
§ 3.6.5.2 The Architect may order minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such
changes shall be effected by written order issued by the Architect through the Construction Manager. Only the
Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,”
“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was
produced at 17:29:54 CDT on 10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only,
and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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Owner's Representative has the authority to issue a Change Order or Change Directive that increases a Contract sum
or extends Contract Time. The Owner's Representative may delegate limited authority for authorizing increases in
the Contract sum or extensions of Contract Time by such authoriation shall be specified in a separate written
conuent.
PAGE 12
Supplemental Services
§ 4.1.1.1

Assistance with selection of Construction Manager

§ 4.1.1.2
Programming
§ 4.1.1.3
Multiple preliminary designs
§ 4.1.1.4
Measured drawings
§ 4.1.1.5
Existing facilities surveys
§ 4.1.1.6
Site evaluation and planning
§ 4.1.1.7
Building Information Model management responsibilities
§ 4.1.1.8
Development of Building Information Models for post
construction use
§ 4.1.1.9
Civil engineering
§ 4.1.1.10
Landscape design
§ 4.1.1.11
Architectural interior design
§ 4.1.1.12
Value analysis
§ 4.1.1.13
Cost estimating
§ 4.1.1.14
On-site project representation
§ 4.1.1.15
Conformed documents for construction
§ 4.1.1.16
As-designed record drawings
§ 4.1.1.17
As-constructed record drawings
§ 4.1.1.18
Post-occupancy evaluation
§ 4.1.1.19
Facility support services
§ 4.1.1.20
Tenant-related services
§ 4.1.1.21
Architect’s coordination of the Owner’s consultants
§ 4.1.1.22
Telecommunications/data design
§ 4.1.1.23
Security evaluation and planning
§ 4.1.1.24
Commissioning
§ 4.1.1.25
Sustainable Project Services pursuant to Section 4.1.3
§ 4.1.1.26
Historic preservation
§ 4.1.1.27
Furniture, furnishings, and equipment design
§ 4.1.1.28
Other services provided by specialty Consultants
§ 4.1.1.29
Other Supplemental Services

Responsibility
(Architect, Owner or Not Provided)
Owner
Owner
NP
NP
Owner
NP
NP
NP
Owner / Architect
NP
NP
NP
NP
NP
NP
Architect
Architect
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP

PAGE 13
.6

Preparing digital models or other design documentation for transmission to the Owner’s consultants
and contractors, or to other Owner-authorized recipients;Deleted

.10

Evaluation of the qualifications of entities providing bids or proposals;Deleted

Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,”
“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was
produced at 17:29:54 CDT on 10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only,
and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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PAGE 14
.3

Preparing Change Orders, and Construction Change Directives that require evaluation of Contractors’
proposals and supporting data, or the preparation or revision of Instruments of Service, unless
required as a result of design error or other errors or omissions of Architect, Revisions required to
correct design errors or inconsistencies shall be considered a part of Basic Services;

Evaluating an extensive number of Claims as the Initial Decision Maker, unless required as a result of
design error or other errors or omissions of Archtiect. Revisions required to correct design errors or in
consistencies shall be considered a part of Basic Services; or

Bi-weekly or as agreed upon during construction ( ) visits to the site by the Architect during
construction

PAGE 15
§ 5.4 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project.
The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect’s services. Notwithstanding the foregoing
only the Owner's Representative has the authority to agree to an increase in compensation or fee, or to any extension
in time frames set forth herein.
§ 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for
the site of the Project, and a written legal description of the site. To the extent necessary for the Project, Tthe
surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and
adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other
necessary data with respect to existing buildings, other improvements and trees; and information concerning
available utility services and lines, both public and private, above and below grade, including inverts and depths. All
the information on the survey shall be referenced to a Project benchmark.
PAGE 16
§ 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and
shall obligate the Construction Manager and Contractors to provide the Architect access to the Work wherever it is
in preparation or progress. The Architect shall comply with all of the Owner's policies pertaining to visitors,
including signing in upon first entering Owner's property and wearing an identification badge while on Owner's
property, if required by Owner.

5.17 Upon request, the Owner shall provide the Architect with copies of (or instructions for online access to) City
Policies and Procedures that are to be followed during the execution of the Project.
5.18 The Owner or the Construction Manager will provide the Architect with the applicable Prevailing Wage Order
and prevailing wage contract requirements for attachment to the Bid Documents and the Architect shall include such
documentation with the Bid Documents.
PAGE 17
§ 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any
required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that
exceed the Owner’s budget for the Cost of the Work, except when the excess is due to changes initiated by the
Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment or equipment or due to
design errors, omissions or inconsistencies.
Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,”
“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was
produced at 17:29:54 CDT on 10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only,
and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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§ 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their
respectiveOwner shall be deemed the owner of the Instruments of Service, including the Drawings and
Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes
in connection with the Project is not to be construed as publication in derogation of the reserved rights of the
Architect and the Architect’s consultants.
§ 7.3 Deleted.The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service
solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided
that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums
due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the
Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to
authorize the Contractors, Construction Manager, Subcontractors, Sub-subcontractors, and suppliers, as well as the
Owner’s consultants and Separate Contractors, to reproduce applicable portions of the Instruments of Service,
subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or
construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section
9.4, the license granted in this Section 7.3 shall terminate.
§ 7.3.1 In the event the Owner uses the Instruments of Service for other than the Project contemplated herein,
without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s
consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law,
further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,
including the cost of defense, related to claims and causes of action asserted by any third person or entity to the
extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1.
The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under
Section 9.4.
§ 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or
otherwise, against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in
accordance with the requirements of the binding dispute resolution method selected in this Agreement and within
the period specified by applicable law, but in any case not more than 10 years after the date of Substantial
Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in
accordance with this Section 8.1.1.
§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each
other and against the contractors, consultants, agents and employees of the other for damages, except such rights as
they may have to the proceeds of such insurance as set forth in AIA Document A232–2019, General Conditions of the
Contract for Construction, as modified by the Owner. The Owner or the Architect, as appropriate, shall require of the
Construction Manager, contractors, consultants, agents and employees of any of them, similar waivers in favor of the
other parties enumerated herein.
§ 8.1.3 DeletedThe Architect shall indemnify and hold the Owner and the Owner’s officers and employees harmless
from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’
fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or
omissions of the Architect, its employees and its consultants in the performance of professional services under this
Agreement. The Architect’s obligation to indemnify and hold the Owner and the Owner’s officers and employees
harmless does not include a duty to defend. The Architect’s duty to indemnify the Owner under this Section 8.1.3 shall
be limited to the available proceeds of the insurance coverage required by this Agreement.
§ 8.1.4 Deleted.The Architect and Owner waive consequential damages for claims, disputes or other matters in
question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all
consequential damages due to either party’s termination of this Agreement, except as specifically provided in
Section 9.7.
§ 8.2.1 Deleted.Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be
subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject
of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to
comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute
Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,”
“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was
produced at 17:29:54 CDT on 10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only,
and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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resolution.
PAGE 18
§ 8.2.2 Deleted.The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question
between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the
American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on
the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this
Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently
with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event,
mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending
mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the
parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless
proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.
§ 8.2.3 Deleted.The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in
the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
§ 8.2.4 If the parties do not resolve a dispute, through mediation pursuant to this Section 8.2, the method of binding
dispute resolution shall be the following:
(Check the appropriate box.)
§ 8.3 Arbitration - Deleted
§ 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any
claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by,
mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by
the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the
date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this
Agreement, and filed with the person or entity administering the arbitration.
§ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based
on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute
of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the
arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other
matter in question.
§ 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity
duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law
in any court having jurisdiction thereof.
§ 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
§ 8.3.4 Consolidation or Joinder
§ 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
permits consolidation, (2) the arbitrations to be consolidated substantially involve common issues of law or fact, and
(3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
§ 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,
provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an
additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question
not described in the written consent.
Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,”
“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was
produced at 17:29:54 CDT on 10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only,
and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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§ 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and
Architect under this Agreement.
§ 8.4 The provisions of this Article 8 shall survive the termination of this Agreement.
§ 9.2 If the Owner suspends the Project for more than 30 days, the Architect shall be compensated for services
performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for
expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the
remaining services and the time schedules shall be equitably adjusted.
PAGE 19
§ 10.1 This Agreement shall be governed by the law of the place where the Project is located., excluding that
jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the
Federal Arbitration Act shall govern Section 8.3.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the
Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable
access to the completed Project to make such representations. However, the Architect’s materials shall not include
the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of
the specific information considered by the Owner to be confidential or proprietary nor shall Architect include any
photographs or other likenesses of Owner's administrators or other employees unless otherwise approved in advance
in writing by Owner. The Owner shall provide professional credit for the Architect in the Owner’s promotional
materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner
terminates this Agreement for cause pursuant to Section 9.4.
PAGE 20
The fee schedule listed below is a guide for future projects and is not specific to any one project. The fees
are to be negotiated per project with the Owner and the Architect.
The following fee structure is based on projects using a Construction Manager as Advisor and fees are to be
negotiated as such.
The following fee structure includes the following disciplines: Architectural and Engineering (Civil,
Structural, Mechanical, Electrical and Plumbing) and will be negotiated with the Owner's
Representative of any of the disciplines are omitted under this contract. Geo-technical, zoning,
platting, surveying and storm water detention will be an addition to the following fee structure as
negotiated with the Owner's Representative and the Architect.
Compensation for Basic Services shall be Calculated based on Cost of Work and shall be as follows:
For small projects of Five Hundred Thousand Dollars ($500,000.00) or less, we propose a fee in the range
of 8,50%to 10.00% of the Cost of Work or as negotiated with the Owner stipulated sum and/or an
hourly.
For projects ranging from Five Hundred Dollars ($500,000.00) to One Million dollars ($1,000,000.00), we
propose a fee in the range of 7.50% to 9.00% of the Cost of Work.
For Projects ranging form One Million Dollars ($1,000,000.00) to Five Million Dollars ($5,000,000.00),
we propose a fee in the range of 6.50% to 8.00% of the Cost of Work.
For Projects ranging from Five Million Dollars ($5,000,000.00) to Ten Million Dollars ($10,000,000.00),
we propose a fee in the range of 5.50% to 7.00% of the Cost of Work.
Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,”
“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was
produced at 17:29:54 CDT on 10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only,
and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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For Projects ranging form Ten Million Dollars ($10,000,000.00) and above, we propose a fee range of
5.00% to 6.50% of the Cost of Work.
For unaccepted Alternates and/or unaccepted Change Orders (required design services) for the Project, the
Design Fees shall be through the Bidding or Negotiation (Procurement) Phase as listed below (see
para. 11.5 below).
The Cost of Work shall be based on the amount of the Contract awarded to the Contractor, plus any
approved Change Orders. For unaccepted Alternates to the Project, the Cost of Work shall be the
amount of the Bid for the unaccepted Alternates of the Contractor on the Job.
When Multiple Projects (separate bids and separate contracts) are covered by the Agreement, the basis for
compensation described will apply to each individual Project and not the sum of all Projects.

PAGE 22
Employee or Category
Principal Architect
Project Manager
Drafter
Clerical

Rate ($0.00)
$125.00
$100.00
$80.00
$60.00

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.3

Deleted.Exhibits:
(Check the appropriate box for any exhibits incorporated into this Agreement.)

[

]

AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as
Adviser Edition, dated as indicated below:
(Insert the date of the E235-2019 incorporated into this Agreement.)

[

]

Other Exhibits incorporated into this Agreement:
(Clearly identify any other exhibits incorporated into this Agreement, including any exhibits
and scopes of services identified as exhibits in Section 4.1.2.)

Variable Information
PAGE 1
AGREEMENT made as of the Fifth day of October in the year Two Thousand Twenty-Six
(In words, indicate day, month, and year.)
City of Boonville
401 Main Street
Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,”
“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was
produced at 17:29:54 CDT on 10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only,
and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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Boonville, Missouri 65233
Telephone Number: 660.882.2332
Porter, Berendzen & Associates, P.C., a Missouri Professional Corporation
200 South Henry Clay Blvd.
Ashland, MO 65010
Telephone Number: 573.657.2022
City of Boonville
Boonville, Missouri
Various Facilities Improvements as directed by the City's Representative. The Architect will typically provide and
coordinate all disciplines including Architectural and Engineering (Structural, Mechanical, Electrical and
Plumbing). Civil Engineering may or may not be in the Architects contract. This will be determined upon mutual
agreement between the Owner's Representative and the Architect on a per project by project basis.
Septagon Construction Management, Inc.
113 East Third Street
Sedalia, Missouri 65301
Telephone Number: 660.827.2112
PAGE 2
To be determined.
To be determined.
To be determined.
To be established upon mutual agreement between the Owner's Representative and the Architect.
To be determined.
PAGE 3
To be determined.
Multiple Prime Contractors
To be determined.
None at this time. To be determined.
Ms. Kate Fjell - City Administrator
City of Boonville
401 Main Street
Boonville, Missouri 65233
Telephone Number: 660.882.2332
(and other representatives as assigned by the City)
Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,”
“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was
produced at 17:29:54 CDT on 10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only,
and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
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City Council, City of Boonville, Missouri
PAGE 4
Jay Berendzen, AIA
Porter, Berendzen & Associates, P.C.
200 South Henry Clay Blvd.
Ashland, Missouri 65010
Telephone Number: 573.657.2022
To be determined.
To be determined.
To be determined.
N/A
N/A
PAGE 14
.1

Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the
Contractors

One ( 1 ) inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents

One ( 1 ) inspections for any portion of the Work to determine final completion

PAGE 18
[

]

Arbitration pursuant to Section 8.3 of this Agreement

[X ]

Litigation in a court of competent jurisdiction

[

Other: (Specify)

]

PAGE 21
As set forth in Section 11.7.
As set forth in Section 11.7.
§ 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in
Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus Five percent ( 5.00 %), or as follows:
(Insert amount of, or basis for computing, Architect’s consultants’ compensation for Supplemental or Additional
Services.)
Schematic Design Phase
Design Development Phase
Construction Documents Phase
Procurement Phase
Construction Phase

Fifteen percent ( 15.00 %)
Fifteen percent ( 15.00 %)
Fifty percent ( 50.00 %)
Five percent ( 5.00 %)
Fifteen percent ( 15.00 %)

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Total Basic Compensation

one hundred percent ( 100.00 %)

PAGE 22
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect’s consultants plus Zero percent ( 0.00 %) of the expenses incurred.
§ 11.10.1.1 An initial payment of One Thousand Dollars and Zero Cents ($ 1,000.00 ) shall be made upon
execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s
account in the final invoice.
§ 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of
Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreement for registration fees and
other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The
Architect’s payments to the Certifying Authority shall be credited to the Owner’s account at the time the expense is
incurred.
§ 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services
performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid Forty-Five
( 45 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal
rate prevailing from time to time at the principal place of business of the Architect.
(Insert rate of monthly or annual interest agreed upon.)
PAGE 23
9.00 %
12.1 Pre-Execution Services. Notwithstanding the fact that this Agreement is executed as of the date set forth herein,
the parties recognize that portions of the services required hereunder may have already been performed prior to such
date, all of which services shall be governed by the terms and conditions of this Agreement. Architect shall not be
entitled to any compensation for such prior activities and services except as expressly provided for herein. Without
limiting any of the foregoing, all of the Architect's liabilities and obligations to the Owner hereunder shall apply to
all pre-execution services performed by the Architect, notwithstanding the fact that such services may have been
performed prior to the date of this Agreement pursuant to prior negotiations, representations, agreements and
understanding or otherwise.

12.2 In any court proceeding or other action brought by either party against the other to enforce or interpret the
terms of this aAgreement or to resolve any dispute concerning any part of the services, the party prevailing in such a
proceeding or action shall be entitled, in addition to such other relief the decision maker may grant, to an award of
its costs incurred in connection with the proceeding ar action, including the reasonable fees and disbursements or its
attorneys.

12.3 Prior to commencing work for a Project, the Architect shall obtain appropriate state architectural licenses
and/or registrations for its firm and/or its individual architects as required to practice architecture in the State of
Missouri. The Architect shall immediately advise the Owner if the required licenses or registrations cannot be
obtained.

12.4 Upon completion of any Project, Owner may terminate this Agreement at any time upon notice to Architect
without being obligated to pay any Termination Expenses.
PAGE 24
Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,”
“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was
produced at 17:29:54 CDT on 10/01/2026 under Subscription No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only,
and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
User Notes:
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Architect Exhibit "A" - Insurance Requirement
E-Verify Documentation

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Certification of Document's Authenticity
AIA® Document D401™ – 2003

I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document
simultaneously with its associated Additions and Deletions Report and this certification at 17:29:54 CDT on
10/01/2026 under Order No. 20250158882 from AIA Contract Documents software and that in preparing the
attached final document I made no changes to the original text of AIA® Document B132TM - 2019, Standard
Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition, other than those
additions and deletions shown in the associated Additions and Deletions Report.

_____________________________________________________________
(Signed)

_____________________________________________________________
(Title)

_____________________________________________________________
(Dated)

AIA Document D401 – 2003. Copyright © 1992 and 2003. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the
AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 17:29:54 CDT on 10/01/2026
under Order No.20250158882 which expires on 09/07/2027, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA
Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected].
User Notes:
(69949ba1f20b2d565b0a1162)

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BILL NO.

2026-016_

ORDINANCE NO. _________

AN ORDINANCE OF THE CITY OF BOONVILLE, MISSOURI APPROVING A
MINOR SUBDIVISION AT 801 FAIRWAY DRIVE; PROVIDING AN EFFECTIVE
DATE THEREFORE; AND REPEALING ALL ORDINANCES IN CONFLICT WITH
THIS ORDINANCE.
WHEREAS, Ben McGowan has purchased the parcel at 801 Fairway Drive in Boonville,
Missouri, a 3.78-acre parcel; and
WHEREAS, he desires to subdivide the lot into two parcels, Lot 1 .90 acres, and Lot 2.88 acres;
and
WHEREAS, on October 13, 29026 the Planning and Zoning Commission met and reviewed the
plans; and
WHEREAS, the Planning and Zoning Commission approves and recommends this minor
subdivision as herein attached and incorporated by reference as EXHIBIT “A”.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BOONVILLE, MISSOURI AS FOLLOWS:
SECTION 1: That the McGowan minor subdivision plat as shown and indicated on EXHIBIT
“A” attached hereto and made a part hereof, is hereby approved.
SECTION 2: This ordinance shall take effect and be in full force from and after its passage and
approval.
SECTION 3: That all ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed.

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SECTION 4: The City Clerk is hereby instructed to forward this executed ordinance and minor
subdivision survey the Cooper County Recorder of Deeds for proper recordation.
FIRST READING: OCTOBER 19, 2026
READ FOR THE SECOND TIME AND PASSED THIS 2ND DAY OF NOVEMBER 2026,
AFTER A COPY OF THIS ORDINANCE AND REFERENCED DOCUMENTS AND
ATTACHMENTS HAVE BEEN MADE AVAILABLE FOR PUBLIC INSPECTION
PRIOR TO ITS FIRST READING.
____________________________________
PRESIDENT OF THE COUNCIL
APPROVED THIS 2ND DAY OF NOVEMBER, 2026.
___________________________________
MIKE CONWAY, MAYOR
ATTEST:
_______________________________
AMBER DAVIS, CITY CLERK

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BILL NO 2026-016 EXHBIT A

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BILL NO: _2026- 017

ORDINANCE NO. _________

AN ORDINANCE OF THE CITY OF BOONVILLE, MISSOURI APPROVING THE FINAL
SITE PLAN FOR DOMINO’S, LOCATED AT 801 FAIRWAY DRIVE, BOONVILLE, COOPER
COUNTY, MISSOURI; PROVIDING AN EFFECTIVE DATE THEREFORE; AND REPEALING
ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE.
WHEREAS,

Ben McGowan is proposing to develop 801 Fairway Drive and build Domino’s; and

WHEREAS,

City staff communicated with Mr. McGowen and his engineers and architects to discuss
the proposed development plan; and

WHEREAS,

The final site plan was considered at the Planning and Zoning Commission meeting on
October 13, 2026. The plans include Exhibit “A”, herein incorporated, and attached
hereto this ordinance. The Commission has recommended their approval by the Council.
Said site plans are incorporated herein as if set forth fully in this ordinance; and

WHEREAS,

the City Council has evaluated the site plans for compatibility with the use of abutting
sites, the safety and convenience of vehicle and pedestrian traffic and in view of the
potential economic benefit to the City of Boonville and finds them to be appropriate to
further economic development of the City of Boonville.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BOONVILLE, MISSOURI AS FOLLOWS:
SECTION 1: That the final plan as shown and indicated in Exhibit “A”, attached hereto, and made a
part hereof, located at 801 Fairway Drive in the City of Boonville, Cooper County,
Missouri should be and is hereby approved.
SECTION 2: This ordinance shall take effect and be in full force from and after its passage; and
approval granted herein shall be valid for a period not to exceed 12 months thereafter.

READ FOR THE FIRST TIME 19th DAY OF OCTOBER 2026.

READ FOR THE SECOND TIME AND PASSED THIS 2ND DAY OF NOVEMBER 2026, AFTER
A COPY OF THIS ORDINANCE AND REFERENCED PLANS HAVE BEEN MADE
AVAILABLE FOR PUBLIC INSPECTION PRIOR TO ITS READING.

_________________________________________
PRESIDENT OF THE COUNCIL

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APPROVED THIS 2ND DAY OF NOVEMBER, 2026.

_______________________________________
Mike Conway, Mayor
ATTEST:

______________________________________
Amber Davis, City Clerk

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BILL NO 2026-017 EXHBIT A

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BILL NO.

2026-018_

ORDINANCE NO. _________

AN ORDINANCE OF THE CITY OF BOONVILLE, MISSOURI APPROVING A
MINOR SUBDIVISION ON SANTA FE TRAIL IN THE NORTHWEST CORNER OF
THE BOONVILLE CITY LIMITS; PROVIDING AN EFFECTIVE DATE
THEREFORE; AND REPEALING ALL ORDINANCES IN CONFLICT WITH THIS
ORDINANCE.
WHEREAS, Dan Monnig has purchased the property on Santa Fe Trail in the Northwest Corner
of the Boonville City Limits, approximately a 17.39 acre parcel; and
WHEREAS, he desires to subdivide the lot into four parcels, 3.99 acres, 4.01 acres, 4.43 acres
and 3.96 acres respectively; and
WHEREAS, on October 13, 2026 the Planning and Zoning Commission met and reviewed the
plans; and
WHEREAS, the Planning and Zoning Commission approves the minor subdivision and a
variance allowing Lot 1 to be accessed via private easement onto Lewis and Clark
Drive, a street in the county, and recommends this minor subdivision and variance
as herein attached and incorporated by reference as EXHIBIT “A”.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BOONVILLE, MISSOURI AS FOLLOWS:
SECTION 1: That the Monnig minor subdivision and variance as shown and indicated on
EXHIBIT “A” attached hereto and made a part hereof, is hereby approved.
SECTION 2: This ordinance shall take effect and be in full force from and after its passage and
approval.

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SECTION 3: That all ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed.
SECTION 4: The City Clerk is hereby instructed to forward this executed ordinance and minor
subdivision survey the Cooper County Recorder of Deeds for proper recordation.
FIRST READING: OCTOBER 19, 2026.
READ FOR THE SECOND TIME AND PASSED THIS 2ND DAY OF NOVEMBER 2026,
AFTER A COPY OF THIS ORDINANCE AND REFERENCED DOCUMENTS AND
ATTACHMENTS HAVE BEEN MADE AVAILABLE FOR PUBLIC INSPECTION
PRIOR TO ITS FIRST READING.
____________________________________
PRESIDENT OF THE COUNCIL
APPROVED THIS 2ND DAY OF NOVEMBER, 2026.
___________________________________
MIKE CONWAY, MAYOR
ATTEST:
_______________________________
AMBER DAVIS, CITY CLERK

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BILL NO 2026-018 EXHIBIT A

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BILL NO.

2026-019

ORDINANCE NO. ________

AN ORDINANCE OF THE CITY OF BOONVILLE, MISSOURI AUTHORIZING
AND APPROVING AGREEMENTS/EASEMENTS WITH CELLO PARTNERSHIP
D/B/A VERIZON WIRELESS, LLC FOR THE INSTALLATION OF
COMMUNICATIONS EQUIPMENT AT 903 RIVIERA DRIVE WATER TOWER
FOR IMPROVED COMMUNICATION; PROVIDING AN EFFECTIVE DATE
THEREFORE; AND REPEALING ALL ORDINANCES IN CONFLICT WITH THIS
ORDINANCE.
WHEREAS, Cello Partnership d/b/a Verizon Wireless expressed an interest in installing
communications equipment on a water tower in Boonville, Missouri for improving
communications in Boonville; and
WHEREAS, following negotiations and discussions with staff and representatives from Cello
Partnership, a location and lease agreement has been developed; and
WHEREAS, the radar system is installed and maintained by Cello Partnership d/b/a Verizon
Wireless at no cost to the City of Boonville
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BOONVILLE, MISSOURI, AS FOLLOWS:
SECTION 1: That the City of Boonville, Missouri hereby authorizes, approves, and accepts
the lease agreement and easement with Cello Partnership d/b/a Verizon
Wireless as set forth in Exhibit “A” attached hereto and made a part hereof as
fully as if set forth herein verbatim.
SECTION 2: This Ordinance shall take effect and be in full force from and after its passage
and approval.
SECTION 3: That all ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed.
FIRST READING: October 19, 2026
READ FOR THE SECOND TIME AND PASSED THIS 2nd DAY OF NOVEMBER
2026, AFTER A COPY OF THIS ORDINANCE AND REFERENCE AGREEMENT
HAS BEEN MADE AVAILABLE FOR PUBLIC INSPECTION PRIOR TO ITS FIRST
AND SECOND READINGS.

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______________________________
President of the Council
APPROVED THIS 2nd DAY OF NOVEMBER 2026.

______________________________
Mike Conway, Mayor
ATTEST:
________________________________
Amber Davis, City Clerk

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Bill No. 2026-019 Exhibit A
SITE NAME: Boonville DT
MDG LOCATION ID: 5000236962

WATER TOWER LEASE AGREEMENT
This Water Tower Lease Agreement (the "Agreement") is made by and between the City of
Boonville, Missouri, with a mailing address of 401 Main Street, Boonville, Missouri 65233, (“Lessor”) and
Cellco Partnership d/b/a Verizon Wireless (“Lessee”) with a mailing address of One Verizon Way, Mail
Stop 4AW100, Basking Ridge, New Jersey 07920. Lessor and Lessee are at times collectively referred to
hereinafter as the "Parties" or individually as the "Party."
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be legally bound
hereby, the Parties hereto agree as follows:
1.
GRANT. Lessor hereby leases Lessee space in and/or upon that certain tower structure
owned, leased or controlled by Lessor (“Water Tower”) together with a 17’ x 25’ parcel of land sufficient
for the installation of Lessee's equipment building (the “Land Space”) to install, maintain, upgrade, replace
and operate communications equipment (“Use”) at the property located at 903 Riveria Drive, Boonville,
Cooper County, Missouri 65233, Tax Parcel No. 05-8.0-34-001-001-002.000 (the “Property”) which is
more particularly described in Exhibit “A” attached hereto and incorporated hereby. The portions of the
Water Tower occupied by Lessee are hereinafter referred to as the “Water Tower Space”, which shall
consist of all of the area on the Water Tower between the top and bottom of the centerline of Lessee’s
equipment on the Water Tower. (For example, if Lessee’s equipment occupies ten (10) feet of space on
the Water Tower, with an equipment centerline of forty (40) feet, Lessee would be entitled to occupy any
space on the Water Tower between the elevations of thirty-five (35) and forty-five (45) feet above ground
level.) The Water Tower Space and Land Space are collectively hereinafter referred to as the “Premises”
and are described and/or depicted on Exhibit “B” attached hereto and made a part hereof.
Notwithstanding anything to the contrary, the Premises shall also include such additional space necessary
for the installation, operation and maintenance of wires, cables, conduits and pipes running between and
among the various portions of the Premises and to all necessary electrical, telephone, fiber and other
similar support services located within the Property or the nearest public right of way. In the event it is
necessary, Lessor agrees to grant Lessee the right to install support services on, through, over and/or
under the Property, provided the location of such services shall be reasonably approved by Lessor.
2.
INITIAL TERM. This Agreement shall be effective as of the date of execution by both
Parties (“Effective Date”). The initial term of the Agreement shall be for 5 years beginning on the first day
of the month after Lessee begins installation of Lessee’s communications equipment on the Premises (the
“Commencement Date”). The Commencement Date will be acknowledged by the Parties in writing,
including electronic mail.
3.
EXTENSIONS. The initial term of this Agreement shall automatically be extended for 5
additional 5-year terms unless Lessee gives Lessor notice of its intent to terminate at least 3 months prior
to the end of the initial term or then current extension term, as applicable. The initial term and all
extensions shall be collectively referred to herein as the “Term”.
4.

RENTAL.

1
4939-1039-8236v1
3000009-900447 02/17/2025

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a. Rent payments shall begin on the Commencement Date and be due at a total annual
rental of $22,200.00, to be paid in equal monthly installments on the first day of the month, in advance,
to Lessor at 401 Main Street, Boonville, MO 65233 or to such other person, firm, or place as Lessor may,
from time to time, designate in writing at least 30 days in advance of any rent payment due date by notice
given in accordance with Paragraph 4.d below. Lessor and Lessee acknowledge and agree that rent shall
accrue starting on the Commencement Date; however, the initial rent payment will be delivered no later
than 90 days after: (i) Lessee’s receipt of the Rental Documents (as defined in Paragraph 4.c), or (ii) the
written acknowledgement of the Commencement Date, whichever is later. Upon agreement of the
Parties, Lessee may pay rent by electronic funds transfer and in such event, Lessor agrees to provide to
Lessee bank routing information for such purpose upon request of Lessee.
b. Effective as of the start of each renewal term, annual rent shall increase by 2% over
the rent for the immediately preceding initial term or renewal term.
c. For any party to whom rent payments are to be made, Lessor or any successor in
interest of Lessor hereby agrees to provide to Lessee (i) a completed, current version of Internal Revenue
Service Form W-9, or equivalent; (ii) complete and fully-executed state and local withholding forms if
required; (iii) Lessee’s payment direction form, and (iv) other documentation to verify Lessor’s or such
other party’s right to receive rental as is reasonably requested by Lessee (collectively, the “Rental
Documents”). If the Rental Documents are not provided by Lessor, or there is a change to the Lessor
payee, rent shall accrue in accordance with this Agreement, but Lessee shall have no obligation to deliver
rent payments to Lessor, or its designee or successor in interest, as applicable, until 30 days after Lessee
receives the required Rental Documents. Thereafter, Lessee shall deliver the accrued rent payments in
accordance with the Rental Documents.
d. Lessor must register in the Verizon Landlord Connect portal at
lndlordconnect.verizon.com (“VLC Portal”) and shall utilize the VLC Portal to submit changes to Lessor’s
account information (e.g. notice address, ownership information, banking details, email address), provide
Rental Documents, view rental payments, submit an invoice/bill (e.g. CAM, utilities) for payment, and to
access this Agreement or certificates of insurance.
5.
ACCESS/UTILITIES. Lessee shall have the non-exclusive right of ingress and egress from a
public right-of-way, 7 days a week, 24 hours a day, over the Property to and from the Premises for the
purpose of installation, operation and maintenance of Lessee’s communications equipment.
Notwithstanding anything to the contrary, the Premises shall also include such additional space necessary
for the installation, operation and maintenance of wires, cables, fiber, conduits and pipes running
between, through and among the various portions of the Premises and to all necessary electrical,
telephone, fiber and other similar support services located within the Property or the nearest public right
of way. In the event it is necessary, Lessor agrees to grant Lessee the right to install such services on,
through, over and/or under the Property, provided the location of such services shall be reasonably
approved by Lessor.
6.
CONDITION OF PROPERTY. Lessor shall deliver the Premises to Lessee in a condition ready
for Lessee’s Use and clean and free of debris. Lessor represents and warrants to Lessee that as of the
Effective Date, the Water Tower and Land Space are (a) in good operating condition; (b) in compliance
with all Laws; and (c) in compliance with all EH&S Laws (as defined in Paragraph 25).

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ELECTRICAL.

a. If permitted by the local utility company serving the Premises, Lessee shall furnish and
install an electrical meter at the Premises for the measurement of electrical power used by Lessee at the
Premises and Lessee shall pay the utility company directly.
b. If an electrical meter is not permitted, then Lessee may furnish and install an electrical
sub-meter at the Premises for the measurement of electrical power used by Lessee at the Premises and
shall pay the utility company directly if permitted by the utility company.
c. In the event a sub-meter is installed and the utility company will not permit Lessee to
pay the utility company directly, then the Lessor shall read Lessee’s sub-meter on a monthly basis and
provide Lessee with an invoice for Lessee’s power consumption on an annual basis. Each invoice shall
reflect charges only for Lessee’s power consumption based on the average kilowatt hour rate actually paid
by Lessor to the utility, without markup or profit.
d. All invoices for power consumption shall be sent by Lessor to Lessee via the VLC Portal
(see Paragraph 4.d. above) and shall be provided to Lessee within 90 days following the conclusion of each
calendar year (otherwise, Lessor waives the right to collect applicable electrical charges). Upon written
request from Lessee, Lessor shall provide copies of electricity bills received by Lessor during any period
that Lessor submits invoices to Lessee for reimbursement and for that same period Lessor shall provide
documentation of the sub-meter readings applicable to such periods. Lessee shall pay each invoice within
45 calendar days after receipt of the invoice from Lessor.
e. Lessee shall be permitted to install, maintain and/or provide access to and use of, as
necessary (during any power interruption at the Premises), a temporary power source, and all related
equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as
reasonably approved by Lessor. Lessee shall have the right to install conduits connecting the temporary
power source and related appurtenances to the Premises.
8.
IMPROVEMENTS. The communications equipment including, without limitation,
antennas, conduits, and other improvements (“Communications Facilities”) shall be at Lessee’s expense
and installation shall be at the discretion and option of Lessee. Lessee shall have the right to replace,
repair, add to or otherwise modify its Communications Facilities or any portion thereof and the
frequencies over which the Communications Facilities operate at no additional cost to Lessee whether or
not any of the Communications Facilities are listed on any exhibit. Lessee shall only be required to obtain
Lessor consent for modifications that increase the square footage of Lessee’s Premises. Lessor shall
respond in writing to any Lessee consent request within 30 calendar days of receipt or Lessor’s consent
shall be deemed granted, provided, any increase to the Premises shall be memorialized by the Parties in
writing. Lessor shall not charge Lessee any fees in relation to a request for Lessor consent, nor is Lessor
entitled to a rent increase associated with any Lessee modification unless it is expanding the Premises, in
which case, any rent increase shall be proportionate to the additional square footage of space included in
the revised Premises.
9.
GOVERNMENT APPROVALS. Lessee’s Use is contingent upon Lessee obtaining all of the
certificates, permits and other approvals (collectively the “Government Approvals”) that may be required
by any Federal, State or Local authorities (collectively, the “Government Entities”) as well as a satisfactory
structural analysis of the Water Tower or other structure that will permit Lessee’s Use. Lessor shall

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cooperate with Lessee in its effort to obtain and maintain any Government Approvals. Notwithstanding
anything contained herein to the contrary, Lessor hereby agrees to allow Lessee to install any RF frequency
signage and/or barricades within or around the Premises as are necessary to ensure Lessee’s compliance
with Laws (as defined herein). (“Site Mitigation”). If Site Mitigation is required, Lessee shall prepare and
provide Lessor with an RF Safety Plan, including a map identifying any locations where radio frequency
exposure may exceed the general population maximum permissible exposure limit set by the FCC (each
location an "Accessible Area") and the telephone number for the designated local Network Management
Center ("NMC") contact for Lessor to call prior to entering any Accessible Area, so Lessee can turn off
power to the antennas during any period when Lessor will enter an Accessible Area.
10.
TERMINATION. Lessee may, unless otherwise stated, immediately terminate this
Agreement upon written notice to Lessor in the event that (i) any applications for such Government
Approvals should be finally rejected; (ii) any Government Approval issued to Lessee is canceled, expires,
lapses or is otherwise withdrawn or terminated by any Government Entity; (iii) Lessee determines that
such Government Approvals may not be obtained in a timely manner; (iv) Lessee determines any
structural analysis is unsatisfactory; (v) Lessee, in its sole discretion, determines the Use of the Premises
is obsolete or unnecessary; (vii) with 3 months prior written notice to Lessor, upon the annual anniversary
of the Commencement Date; or (viii) at any time before the Commencement Date for any reason or no
reason in Lessee’s sole discretion.
11.

MAINTENANCE.

Lessee will maintain Lessee’s communications equipment within the Premises in good condition,
reasonable wear and tear and casualty damage excepted. Lessor shall maintain, in good operating
condition and repair, the Water Tower and the Property.
12.
INDEMNIFICATION. Subject to Paragraph 13, each Party and/or any successor and/or
assignees thereof, shall indemnify and hold harmless the other Party, and/or any successors and/or
assignees thereof, against (i) all third party claims of liability or loss (including reasonable attorney’s fees,
expenses, and defense costs incurred by the indemnified Party) from bodily injury or property damage
resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its
employees, contractors or agents, except to the extent such claims or damages may be due to or caused
by the negligence or willful misconduct of the other Party, or its employees, contractors or agents, and (ii)
reasonable attorney’s fees, expense, and defense costs incurred by the indemnified Party. The
indemnified Party will provide the indemnifying Party with prompt, written notice of any claim that is
subject to the indemnification obligations in this paragraph. The indemnified Party will cooperate
appropriately with the indemnifying Party in connection with the indemnifying Party’s defense of such
claim. The indemnifying Party shall defend any indemnified Party, at the indemnified Party’s request,
against any claim with counsel reasonably satisfactory to the indemnified Party. The indemnifying Party
shall not settle or compromise any such claim or consent to the entry of any judgment without the prior
written consent of each indemnified Party and without an unconditional release of all claims by each
claimant or plaintiff in favor of each indemnified Party. All indemnification obligations shall survive the
termination or expiration of this Agreement.
13.
INSURANCE. The Parties agree to maintain during the term of this Agreement the
following insurance policies:

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a.
Commercial general liability in the amount of $2,000,000.00 per occurrence for
bodily injury and property damage and $4,000,000.00 in the annual aggregate. Each party shall be
included as an additional insured as their interest may appear under this Agreement on the other party’s
insurance policy.
b.
“All-Risk” property insurance on a replacement cost basis insuring their
respective property with no coinsurance requirement. Where legally permissible, each party agrees to
waive subrogation against the other party and to ensure said waiver is recognized by the insurance policies
insuring the property.
14.
LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 12 and 25,
a violation of Paragraph 28, or a violation of Laws, neither Party shall be liable to the other, or any of their
respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights
or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption
or loss of use of service, even if advised of the possibility of such damages, whether under theory of
contract, tort (including negligence), strict liability or otherwise.
15.

INTERFERENCE.

a. Lessee agrees that Lessee will not cause interference that is measurable in accordance
with industry standards to Lessor’s existing equipment. Lessor agrees that Lessor and other occupants of
the Property will not cause interference that is measurable in accordance with industry standards to the
then existing equipment of Lessee.
b. Without limiting any other rights or remedies, if interference occurs and continues for
a period in excess of 48 hours following notice to the interfering party via telephone to Lessee’s Network
Management Center at (1-800-264-6620 or 1-800-621-2622) or to Lessor at (_________________, the
interfering party shall or shall require any other user to reduce power or cease operations of the
interfering equipment until the interference is cured.
c. The Parties acknowledge that there will not be an adequate remedy at law for
noncompliance with the provisions of this Paragraph and therefore the Parties shall have the right to
equitable remedies such as, without limitation, injunctive relief and specific performance.
16.

REMOVAL/HOLDOVER.

a. Within 90 days of the expiration or earlier termination of the Agreement, Lessee shall
remove Lessee’s Communications Facilities and restore the Premises to its original condition, reasonable
wear and tear and casualty damage excepted; provided, however, such 90 days shall be extended by the
period of time necessary for Lessee to obtain any Governmental Approvals that may be required for such
removal so long as Lessee applies for such Government Approvals by the expiration or earlier termination
date. Lessor agrees and acknowledges that the Communications Facilities shall remain the personal
property of Lessee and Lessee shall have the right to remove the same at any time during the Term,
whether or not said items are considered fixtures and attachments to real property under applicable laws.
b. Lessee may remain on the Premises and shall pay rent at the then existing monthly
rate, or on the existing monthly pro-rata basis if based upon a longer payment term, until i) the removal

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of the Communications Facilities is completed, or ii) an amendment or new lease has been executed if the
Parties are negotiating an amendment or new lease at the time of the expiration of the Term.
17.
RIGHT OF FIRST REFUSAL. If at any time after the Effective Date, Lessor receives an offer
or letter of intent from any person or entity that is in the business of owning, managing or operating
communications facilities or is in the business of acquiring landlord interests in agreements relating to
communications facilities, to purchase fee title, an easement, a lease, a license, or any other interest in
the Premises or any portion thereof or to acquire any interest in this Agreement, or an option for any of
the foregoing, Lessor shall provide written notice to Lessee of said offer (“Lessor’s Notice”). Lessor’s
Notice shall include the prospective buyer’s name, the purchase price being offered, any other
consideration being offered, the other terms and conditions of the offer, a description of the portion of
and interest in the Premises and/or this Agreement which will be conveyed in the proposed transaction,
and a copy of any letters of intent or form agreements presented to Lessor by the third party offeror.
Lessee shall have the right of first refusal to meet any bona fide offer of sale or transfer on the terms and
conditions of such offer or by effectuating a transaction with substantially equivalent financial terms. If
Lessee fails to provide written notice to Lessor that Lessee intends to meet such bona fide offer no later
than 60 days after receipt of Lessor’s Notice, Lessor may proceed with the proposed transaction in
accordance with the terms and conditions of such third party offer, in which event this Agreement shall
continue in full force and effect and the right of first refusal described in this paragraph shall survive any
such conveyance to a third party. If Lessee provides Lessor with notice of Lessee’s intention to meet the
third party offer within 60 days of receipt of Lessor’s Notice, then if Lessor’s Notice describes a transaction
involving greater space than the Premises, Lessee may elect to proceed with a transaction covering only
the Premises and the purchase price shall be prorated on a square footage basis. Further, Lessor
acknowledges and agrees that if Lessee exercises this right of first refusal, Lessee may require a reasonable
period of time to conduct due diligence and effectuate the closing of a transaction on substantially
equivalent financial terms of the third party offer. Lessee may elect to amend this Agreement to effectuate
the proposed financial terms of the third party offer rather than acquiring fee simple title or an easement
interest in the Premises.
18.
RIGHTS UPON SALE. Should Lessor, at any time during the Term, decide (i) to sell or
otherwise transfer all or any part of the Property, or (ii) to grant to a third party by easement or other
legal instrument an interest in and to any portion of the Premises, such sale, transfer, or grant of an
easement or interest therein shall be under and subject to this Agreement and any such purchaser or
transferee shall recognize Lessee's rights hereunder. In the event that Lessor completes any such sale,
transfer, or grant described in this paragraph without executing an assignment of the Agreement whereby
the third party agrees in writing to assume all obligations of Lessor under this Agreement, then Lessor
shall not be released from its obligations to Lessee under this Agreement, and Lessee shall have the right
to look to Lessor and the third party for the full performance of the Agreement.
19.
LESSOR’S TITLE. Lessor covenants that Lessee, on paying the rent and performing the
covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. Lessor represents and
warrants to Lessee as of the Effective Date and covenants during the Term that Lessor has full authority
to enter into and execute this Agreement and that there are no liens, judgments, covenants, easements,
restrictions or other impediments of title that will adversely affect Lessee’s Use.
20.
ASSIGNMENT. Without any approval or consent of the other Party, this Agreement may
be sold, assigned or transferred by either Party to (i) any entity in which the Party directly or indirectly

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holds an equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar
interest in the Party; or (iii) any entity directly or indirectly under common control with the Party. Lessee
may assign this Agreement to a) any entity which acquires all or substantially all of Lessee's assets in the
market defined by the Federal Communications Commission in which the Property is located by reason of
a merger, acquisition or other business reorganization without notice to, or approval or consent of Lessor;
or b) a company that is engaged in the business of owning and/or operating communications equipment
similar to Lessee’s Communications Facilities (a “Telecommunications Company”) without prior written
notice to, or approval or consent of Lessor. As to other parties, this Agreement may not be sold, assigned
or transferred without the prior written consent of the other Party, which such consent will not be
unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or
control of Lessee or transfer upon partnership or corporate dissolution of either Party shall constitute an
assignment hereunder. Upon such assignment, Lessee will be relieved and released of all obligations and
liabilities hereunder. Lessee may sublease the Premises in Lessee’s sole discretion. Lessor may assign this
Agreement only in its entirety and only to any person or entity who or which acquires fee title to the
Property, subject to Paragraph 17. Lessor may subdivide the Property without Lessee’s prior written
consent provided the resulting parcels from such subdivision are required to afford Lessee the protections
set forth in Paragraph 15 hereof.
21.
NOTICE. Except for notices permitted via telephone in accordance with Paragraph 15 and
notices permitted via electronic mail in accordance with Paragraph 2, all notices hereunder must be in
writing and shall be deemed validly given if sent by certified mail, return receipt requested or by
commercial courier, provided the courier's regular business is delivery service and provided further that
it guarantees delivery to the addressee by the end of the next business day following the courier's receipt
from the sender, addressed as follows (or any other address that the Party to be notified may have
designated to the sender by like notice):

LESSOR:

City of Boonville, Missouri
401 Main Street
Boonville, Missouri 65233

LESSEE:

Cellco Partnership
d/b/a Verizon Wireless
Basking Ridge Mail Hub
Attn: Legal Intake [MDG: 5000236962]
One Verizon Way
Basking Ridge, New Jersey 07920

Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the
foregoing.
22. SUBORDINATION AND NON-DISTURBANCE. Within 15 days of the Effective Date, Lessor
shall obtain a Non-Disturbance Agreement (as defined below) and any required consent from its existing
mortgagee(s), ground lessors and master lessors, if any, of the Property. At Lessor's option, this

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Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other
security interest (a “Mortgage”) by Lessor which from time to time may encumber all or part of the
Property; provided, however, as a condition precedent to Lessee being required to subordinate its interest
in this Agreement to any future Mortgage covering the Property, Lessor shall obtain for Lessee's benefit
a non-disturbance and attornment agreement for Lessee's benefit in the form reasonably satisfactory to
Lessee, and containing the terms described below (the “Non-Disturbance Agreement”), and shall
recognize Lessee's rights under this Agreement. The Non-Disturbance Agreement shall include the
encumbering party's (“Lender's”) agreement that, if Lender or its successor-in-interest or any purchaser
of Lender’s or its successor’s interest (a “Purchaser”) acquires an ownership interest in the building,
Lender or such successor-in-interest or Purchaser will honor all of the terms of the Agreement. Such NonDisturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on
all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such NonDisturbance Agreement, Lessee will execute an agreement for Lender's benefit in which Lessee (i)
confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of
Lender, (2) agrees to attorn to Lender if Lender becomes the owner of any portion of the Property and (3)
agrees to accept a cure by Lender of any of Lessor's defaults, provided such cure is completed within the
deadline applicable to Lessor. In the event Lessor defaults in the payment and/or other performance of
any Mortgage or other real property interest encumbering the Property, Lessee, may, at its sole option
and without obligation, cure or correct Lessor's default and upon doing so, Lessee shall be subrogated to
any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest
and Lessee shall be entitled to deduct and setoff against all rents that may otherwise become due under
this Agreement the sums paid by Lessee to cure or correct such defaults.
23.
DEFAULT. It is a “Default” if (i) either Party fails to comply with this Agreement and does
not remedy the failure within 30 days after written notice by the other Party or, if the failure cannot
reasonably be remedied in such time, if the failing Party does not commence a remedy within the allotted
30 days and diligently pursue the cure to completion within 90 days after the initial written notice, or (ii)
Lessor fails to comply with this Agreement and the failure interferes with Lessee’s Use and Lessor does
not remedy the failure within 5 days after written notice from Lessee or, if the failure cannot reasonably
be remedied in such time, if Lessor does not commence a remedy within the allotted 5 days and diligently
pursue the cure to completion within 15 days after the initial written notice. The cure periods set forth
in this Paragraph 23 do not extend the period of time in which either Party has to cure interference
pursuant to Paragraph 15 of this Agreement.
24.
REMEDIES. In the event of a Default, without limiting the non-defaulting Party in the
exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the
non-defaulting Party may terminate this Agreement and/or pursue any remedy now or hereafter available
to the non-defaulting Party under the Laws or judicial decisions of the state in which the Property is
located. Further, upon a Default, the non-defaulting Party may at its option (but without obligation to do
so), perform the defaulting Party’s duty or obligation. The costs and expenses of any such performance
by the non-defaulting Party shall be due and payable by the defaulting Party upon receipt of an itemized
invoice. If Lessee undertakes any such performance on Lessor's behalf and Lessor does not pay Lessee
the full undisputed amount within 30 days of its receipt of an itemized invoice setting forth the amount

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due, Lessee may offset the full undisputed amount due against all fees due and owing to Lessor under this
Agreement until the full undisputed amount is fully reimbursed to Lessee.
25.
ENVIRONMENTAL. Lessee shall conduct its business in compliance with all applicable laws
governing the protection of the environment or employee health and safety (“EH&S Laws”). Lessee shall
indemnify and hold harmless the Lessor from claims to the extent resulting from Lessee’s violation of any
applicable EH&S Laws or to the extent that Lessee causes a release of any regulated substance to the
environment. Lessor shall indemnify and hold harmless Lessee from all claims resulting from the violation
of any applicable EH&S Laws or a release of any regulated substance to the environment except to the
extent resulting from the activities of Lessee. The Parties recognize that Lessee is only leasing a small
portion of Lessor’s Property and that Lessee shall not be responsible for any environmental condition or
issue except to the extent resulting from Lessee’s specific activities and responsibilities. In the event that
Lessee encounters any hazardous substances that do not result from its activities, Lessee may relocate its
facilities to a mutually agreeable location to avoid such hazardous substances. Lessee may also, at its
option (but without obligation to do so), remove at its own cost all or some of the hazardous substances
or materials (such as soil) containing those hazardous substances, in which case Lessor agrees to sign any
necessary waste manifest associated with the removal, transportation and/or disposal of such substances.
26.
CASUALTY. If a fire or other casualty damages the Property or the Premises and impairs
Lessee’s Use, rent shall abate until Lessee’s Use is restored. If Lessee’s Use is not restored within 45 days,
Lessee may terminate this Agreement.
27.
CONDEMNATION. If a condemnation of any portion of the Property or Premises impairs
Lessee’s Use, Lessee may terminate this Agreement. Lessor shall provide notice to Lessee immediately
upon receipt of i) a notice from a condemning authority or an agent acting on behalf of a condemning
authority or ii) a legal action related to the acquisition and/or condemnation of an interest in the Property.
Lessee may on its own behalf make a claim in any condemnation proceeding involving the Premises for
losses related to Lessee’s communications equipment, relocation costs and, specifically excluding loss of
Lessee’s leasehold interest, any other damages Lessee may incur as a result of any such condemnation.
28.
APPLICABLE LAWS. During the Term, Lessor shall maintain the Property in compliance
with all applicable laws, EH&S Laws, rules, regulations, ordinances, directives, covenants, easements,
consent decrees, zoning and land use regulations, and restrictions of record, permits, building codes, and
the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which
may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws
regulating hazardous substances) (collectively “Laws”). Lessee shall, in respect to the condition of the
Premises and at Lessee’s sole cost and expense, comply with (i) all Laws relating solely to Lessee’s specific
and unique nature of use of the Premises; and (ii) all building codes requiring modifications to the
Premises due to the improvements being made by Lessee in the Premises. It shall be Lessor’s obligation
to comply with all Laws relating to the Property, without regard to specific use (including, without
limitation, modifications required to enable Lessee to obtain all necessary building permits).
29.
TAXES. If Lessor is required by law to collect any federal, state, or local tax, fee, or other
governmental imposition (each, a “Tax”) from Lessee with respect to the transactions contemplated by
this Agreement, then Lessor shall bill such Tax to Lessee in the manner and for the amount required by
law, Lessee shall promptly pay such billed amount of Tax to Lessor, and Lessor shall remit such Tax to the
appropriate tax authorities as required by law; provided, however, that Lessor shall not bill to or otherwise

9
Page 73 of 90

Page 74 of 90

attempt to collect from Lessee any Tax with respect to which Lessee has provided Lessor with an
exemption certificate or other reasonable basis for relieving Lessor of its responsibility to collect such Tax
from Lessee. Except as provided in this Paragraph 29, Lessor shall bear the costs of all Taxes that are
assessed against or are otherwise the legal responsibility of Lessor with respect to itself, its property, and
the transactions contemplated by this Agreement. Lessee shall be responsible for all Taxes that are
assessed against or are otherwise the legal responsibility of Lessee with respect to itself, its property, and
the transactions contemplated by this Agreement.
30. NON-DISCLOSURE. The Parties agree that this Agreement and any information exchanged
between the Parties regarding the Agreement are confidential. The Parties agree not to provide copies
of this Agreement or any other confidential information to any third party without the prior written
consent of the other or as required by law. If a disclosure is required by law, prior to disclosure, the Party
shall notify the other Party and cooperate to take lawful steps to resist, narrow, or eliminate the need for
that disclosure. Notwithstanding anything to the contrary contained in this paragraph, Lessee may
provide a redacted copy of this Agreement to a utility provider or any third party who has a need to know
about the existence of the Agreement in order to provide services to the Premises.
31. SIMILAR TERMS AND CONDITIONS. Lessor represents and warrants that the rent, benefits
and terms and conditions granted to Lessee by Lessor hereunder are now and shall be, during the Term,
no less favorable than the rent, benefits and terms and conditions for substantially the same or similar
tenancies or licenses granted by Lessor to other parties. If at any time during the Term Lessor shall offer
more favorable rent, benefits or terms and conditions for substantially the same or similar tenancies or
licenses as those granted hereunder, then Lessor shall, within 30 days after the effective date of such
offering, notify Lessee of such fact and offer Lessee the more favorable offering. If Lessee chooses, the
parties shall then enter into an amendment that shall be effective retroactively to the effective date of
the more favorable offering, and shall provide the same rent, benefits or terms and conditions to Lessee.
Lessee shall have the right to decline to accept the offering. Lessor’s compliance with this requirement
shall be subject, at Lessee’s option, to independent verification.
32.
MISCELLANEOUS. This Agreement contains all agreements, promises and understandings
between the Lessor and the Lessee regarding this transaction, and no oral agreement, promises or
understandings shall be binding upon either the Lessor or the Lessee in any dispute, controversy or
proceeding. This Agreement may not be amended or varied except in a writing signed by all Parties. This
Agreement shall extend to and bind the heirs, personal representatives, successors and assigns hereto.
The failure of either Party to insist upon strict performance of any of the terms or conditions of this
Agreement or to exercise any of its rights hereunder shall not waive such rights and such Party shall have
the right to enforce such rights at any time. The performance of this Agreement shall be governed,
interpreted, construed and regulated by the laws of the state in which the Premises is located without
reference to its choice of law rules. If either Party engages a consultant, attorney or other agent to
represent its interests in relation to this Agreement or the rights and obligations of a Party hereunder
(each a “Representative”), the Party on whose behalf the Representative has been engaged shall be solely
responsible for the payment of any fees owed to any such Representative. A Party shall not seek payment
or reimbursement of any Representative fees from the other Party, unless pursuant to a court order.
Except as expressly set forth in this Agreement, nothing in this Agreement shall grant, suggest or imply
any authority for one Party to use the name, trademarks, service marks or trade names of the other for
any purpose whatsoever. Lessor agrees to execute a Memorandum of this Agreement, which Lessee may
record with the appropriate recording officer. The provisions of the Agreement relating to

10
Page 74 of 90

Page 75 of 90

indemnification from one Party to the other Party shall survive any termination or expiration of this
Agreement. This Agreement may be executed in counterparts, including written and electronic forms. All
executed counterparts shall constitute one Agreement, and each counterpart shall be deemed an original.
[Signatures on Following Page]

11
Page 75 of 90

Page 76 of 90

IN WITNESS WHEREOF, this Agreement is entered into by the Parties as of the Effective Date.

LESSOR:
City of Boonville, Missouri

By:
Name: ___________________________
Its:______________________________
Date: ____________________________

LESSEE:
Cellco Partnership d/b/a Verizon Wireless

By:
Name: ___________________________
Its:______________________________
Date: ____________________________

12
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Page 77 of 90

EXHIBIT "A"
PROPERTY DESCRIPTION
[copy of deed needed from City]

13
Page 77 of 90

Page 78 of 90

EXHIBIT "B"
PREMISES DESCRIPTION
[to be attached once drawings are available]

14
Page 78 of 90

Page 79 of 90

City of Boonville Police Board
Police Board Meeting Minutes
Date: October 12, 2026
Time: 7:00 p.m.
Location: Boonville Police Department
401 East Morgan Street
Boonville, Missouri 65233

1. Call to Order
The meeting was called to order at 7:00 p.m. by Chairman Michael Drew.

2. Roll Call
Members Present:
Michael Drew, Jon Morten, Gene Cummins, Brett Cooper, Becky Ehlers, City Council
Representative Whitney Venable and Chief Randy Ayers
Members Absent:
None

3. Guests Present
None

4. Public Comments
None
5. Approval of the Minutes of July 13, 2026 Meeting (Changes or Corrections)
Gene Cummins made the motion to approve minutes, Jon Morten second the motion. Minutes
were passed by unanimous decision.

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Page 80 of 90

Reports
Chief Randy Ayers
A. Officer Updates
The Board was advised that Officer Christopher Sullivan has successfully completed field
training and is now assigned to patrol duties.
One applicant completed the initial testing process prior to the Police Board meeting and
successfully passed the written examination. The applicant will now proceed to the next phase of
the hiring process.
The Department received two additional applications today. One applicant will be required to
attend training, while the other applicant is already Missouri POST certified. Both applicants will
be scheduled for testing in the near future.
Members of the Board inquired about the Department's current staffing levels and were advised
that the Police Department is presently down four officers.

B. ALPR Updates
The Board was advised that the initial Automated License Plate Reader (ALPR) data retention
period was set at two years. Following a meeting with a concerned citizen regarding privacy
concerns, the retention period was reduced to six months.
The Board was further advised that, on September 16, Governor Kehoe issued an Executive
Order requiring ALPR data retention to be limited to 30 days and mandating the submission of a
Certification of Compliance to the Missouri Department of Public Safety by October 31.
To be in compliance with the Executive Order, the Police Department reduced its ALPR data
retention period to 30 days effective September 16. The Department is currently awaiting receipt
of the required certification documentation from Leonardo, which will be submitted to the
Department of Public Safety.

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Page 81 of 90

C. New RADAR Trailer
The Board was informed that the new RADAR trailer has been delivered and is currently in
service. The trailer is user-friendly and can be set up quickly and efficiently by officers. The
RADAR trailer is solar-powered which allows the batteries to be recharged daily, enabling the
trailer to remain in the field for extended periods.
The Board was advised that the RADAR trailer can provide valuable traffic data and analytics,
including statistics such as the highest and lowest recorded vehicle speeds, traffic volume, and
other speed-related information.

D. Grant Updates
The Board was updated on the status of the Blue Shield Grant and advised that the Police
Department has been awarded $25,000 through the program.
The Board was further advised that an application has been submitted for a Local Violent Crime
Prevention Grant, and the Department is currently awaiting notification regarding its approval.
This grant would provide $25,000 in funding with no local match required.

E. Meritorious Service Board
The Board was informed that Officers Maggie Schanzmeyer and Brad Simmons had been
nominated for the Distinguished Service Award. Captain Schanzmeyer for starting and
continuing to oversee the “Shop With A Cop” program, and Patrolman Bard Simmons for his
involvement with children in the community and starting the “radKIDs” program.
Citizen Karen Breanne Clubb was nominated for a Citizens Award for her heroic efforts that
saved someone from choking.
Brett Cooper made the motion to award Captain Schanzmeyer, Patrolman Simmons, and Citizen
Karen Breanne Clubb all receive the appropriate awards that they had been nominated for. Gene
Cummins second the motion. The motion was passed by a unanimous vote.

6. Unfinished Business
None

Page 81 of 90

Page 82 of 90

7. New Business
None

8. Miscellaneous
None

9. Adjournment
Gene Cummins made the motion to adjourn. Jon Morten second the motion to adjourn. The
meeting was adjourned at 7:32 p.m.

Respectfully submitted,
Chief Randy Ayers
Boonville Police Department

Page 82 of 90

Page 83 of 90

BOARD OF PUBLIC WORKS
MEETING
September 24th, 2026
The Board of Public Works met at the City Services Building at 1200 Locust, 5:30 p.m. September 24th, 2026. The
following voting members were present: Ed Scrivner, Glenn Bishop, and James Quint; consisting of a quorum. Other
individuals present: Drew Davis, City Council Member, and Jeff Ditto, Director of Public Works.
ABSENT or EXCUSED: Mark Starkey
PUBLIC COMMENTS: None.
MINUTES: August 27th, 2026, minutes were presented, and a motion was made by Glenn Bishop to approve the minutes,
and James Earl Quint seconded the motion. The vote was unanimous.
BILLS PAID: Bills for September were looked at, and a motion was made to approve by James Earl Quint, seconded by
Ed Scrivner, approved by all.
OLD BUSINESS:

a) None
NEW BUSINESS:

a) Ballparks Central requested review of the water bill due to a high sewer bill. After discussions it was
proposed by Glenn Bishop to credit the account $500.00 for sewer and the motion was seconded by Ed
Scrivner, approved by all.
b) Copies ETC requested an additional review of the water bill due to a second high bill. After discussions
Glenn Bishop motioned to give no additional credit to the account, the motion was seconded by James
Earl Quint, approved by all.
MISCELLANEOUS: None
ADJOURN: With no further business, the meeting was adjourned at 5:55 p.m. with a motion from Ed Scrivner, seconded
by Glenn Bishop.
Respectfully submitted,
_______________________________
Jeff Ditto
Approved by:
_____________________________
Ed Scrivner, Chairman

Page 83 of 90

Page 84 of 90

CITY OF BOONVILLE
PLANNING AND ZONING COMMISSION MEETING
MINUTES OF OCTOBER 13, 2026
VOTING MEMBERS PRESENT
1) Brooks Rapp
2) Sy Harvell
3) Mike Conway
4) Steve Hage
5) Phillip Wooldridge
VOTING MEMBERS ABSENT: Josh Snoddy, Ernie Ueligger, Clark Greis
STAFF/PRESENTERS/GUESTS
Jeff Ditto- Director of Public Works
1. CALL TO ORDER: Mr. Hage called the meeting to order at 6:01 p.m. Roll calls were taken with five (5) of eight (8)
members present constituting a quorum.
2. MINUTES: Mr. Rapp moved, and Mr. Wooldridge seconded a motion that the minutes be approved. Motion passed
unanimously.
3. HEARING OF PUBLIC COMMENTS: None
4. OLD BUSINESS:
None
5. NEW BUSINESS:
a. Monnig Minor Subdivision Review
Mr. Hage introduced Mr. Monnig’s minor subdivision request to the Commission. Mr. Hage stated that a minor
subdivision, must be 5 or less lots, cannot require any infrastructure extension, and have access to City approved street.
Ma. Hage stated that this property is the last piece of property in the City on Santa Fe Trail. Mr. Hage said that this minor
subdivision meets all requirements, except for lot 1, which will be accessed via a recorded easement to Lewis and Clark
Dr., which is not in the City. Mr. Hage stated that due to the lot layout there really is no way for Lot 1 to access Santa Fe
Trail.
After discussion, Mr. Conway moved to approve the minor subdivision request and a variance for Lot 1 to be accessed via
private easement to Lewis and Clark Drive, which is in the county. Mr. Wooldridge seconded the motion. Ayes:
Wooldridge, Harvell, Conway, Rapp, Hage (5); Nays: None (0); Abstain: None (0)
b. McGowan Final Site Plan
Mr. Hage presented a final site plan for Domino’s at 801 Fairway Drive and also a minor subdivision request for this lot.
Mr. Hage stated that this is a 3 acre parcel, that is being subdivided with Dominos to go on one lot, and the other is vacant
for now. Mr. Hage stated that this meets all the requirements as presented withno variances requested. Mr. Conway
moved a motion to approve the final site plan and the minor subdivision request as presented. The Motion was seconded
by Mr. Brooks,.Ayes: Conway, Wooldridge, Harvell, Rapp, Hage (5); Nays: None (0); Abstain: None (0)

1
PLANNING AND ZONING COMMISSION MINUTES 10.13.26

Page 84 of 90

Page 85 of 90

6. MISCELLANEOUS:
NOne
7. ADJOURN
Mr. Rapp moved, and Mr. Wooldridge seconded a motion to adjourn the meeting. The motion passed unanimously.
The Meeting adjourned at 6:18 p.m.
Respectfully submitted,
_______________________________
Kate Fjell, City Administrator

2
PLANNING AND ZONING COMMISSION MINUTES 10.13.26

Page 85 of 90

Page 86 of 90

October 13, 2026
To: Mayor and City Council
From: Kate Fjell, City Administrator
Re: October 19.2026, 2026, Council Meeting
After a few light agendas, we have several new business items on the agenda. We also will have a
very busy work session – come ready at 5 to discuss and think outside the box!
Unfinished Business
The Resolution for design services is back on the agenda with the agreement. My apologies for
being left off at the last meeting. As I said last week, the architects have been with us since the
inception of the Kemper sales tax planning. We are updating the contract since we are inching
closer to moving toward bidding and construction.
Also, we did get the final quote and plan back from Ameren to relocate the gas line at Kemper,
these work will begin as soon as it is convenient for the YMCA and Ameren. The gas must be
relocated because the line runs under the parking lot (between academic gall and the concession
stand), which is where the new addition will be located.
New Business
Three of the first readings tonight are coming out of planning and zoning meeting on 10.13.26. The
first two are related to 801 Fairway Drive which is being subdivided into two lots and the front lot
will be the location of a new Domino’s Pizza. So, the ordinances approve the minor subdivision
(which we record with the County) and the final site plan for the Domino’s building.
There is an additional minor subdivision request on Santa Fe Trail. This is the Monnig property
which Council approved the water buyout agreement a month or so ago.
Finally, is a first reading of a new lease for equipment with Verizon. This equipment will be placed
on the water tower located at the water treatment plant. We have been working with them for
several months on the agreement, location and other items. This will bring in additional $22,000
per year rent with a 2% increase each year. We have several other leases of this type on other water
towers.

Page 86 of 90

Page 87 of 90

MEMORANDUM

TO:

Kate Fjell, City Administrator

FROM:

Jeff Ditto, Director of Public Works

DATE:

October 13, 2026

RE:

Purchase of Highway De-Icing Salt

We received three responses to our request for bids for the purchase of Highway De-Icing Salt:
Central Salt, Lyons Mine- $98.11
Cargill Deicing Technology- No Bid
Compass Minerals- No Bid
I sent our request to three vendors.
The price is per ton, delivered to 1200 Locust Street. The allocation requested in the call for bids was
650 tons.
I recommend we accept the bid from Central Salt.
Past year’s price:
2016-2017 $72.85 per ton, Compass Minerals
2017-2018 $72.05 per ton, Compass Minerals
2018-2019 $92.04 per ton, Compass Minerals
2019-2020 $95.45 per ton, Central Salt
2020-2021 $72.74 per ton, Compass Minerals
2021-2022 $74.14 per ton, Central Salt
2022-2025 $86.41 per ton, Central Salt
2025-2026 $89.18 per ton, Central Salt
2026-2027 $98.11 per ton, Central Salt

Page 87 of 90

Page 88 of 90

Public Works Monthly Report
September 2026
Water Treatment Plant
Plant Influent From River: 40,250,000 gals
Plant Effluent To System: 38,183,000 gals
• Cleaned multiple basins as part of the annual water plant preventive maintenance
schedule to reduce organic buildup in the water.
• Repaired the handle and 14 feet of stem on the mud pocket basin blow-off valve,
restoring daily operation for routine blow-off procedures.
• Completed monthly preventive maintenance on air compressors, filters, HVAC
equipment, chemical storage and feed systems, safety equipment, and laboratory
equipment.
Wastewater Treatment Plant
Total flow processed: 21,600,000 gals
Average daily flow: 720,000 gals
Sludge disposed: 50.47 Tons
• Pulled and repaired Bobber Lift Station Pump #2 by replacing the impeller, then
reinstalled the pump and returned it to proper operating condition.
• Completed preventive maintenance on lift station pumps by changing oil on 32 pumps.
• Completed monthly preventive maintenance on lift station checks, clarifiers, HVAC
equipment, headworks, Orbal equipment, safety equipment, and laboratory equipment.
Water Distribution / Sewer Collection:
• Repaired sewer backup at 813 Third Street
• Installed new meter to concessions at Ballpark Central
• Installed 2 new services at Fox Hollow
• Installed 2 new Services at 1019/1021 Locust Street
• Repaired sewer off Katy Trail
• Dig Up and repaired force main to Hannah Cole Lift Station
• Installed 71 new meters
Street Department:
• Installed man hole on 11th Street
• Storm-drain project on Haller Street
• Curb work on Mueller Street
• Street cut repairs
• Street Sweeping & Yard Waste
Central Garage:
Vehicles serviced and inspected – 6
Vehicle and equipment repairs – 12

Page 88 of 90

Page 89 of 90

Weather:
Average Temperature –76°
High Temperature – 100° September 6th, 2026
Low Temperature – 56° September 25th, 2026
Total Rain – 1.91”
Maximum Rain – 1.54” September 10th, 2026

Page 89 of 90

Page 90 of 90

Missouri Gaming Commission

';>,,-

Forthe Period 9/1/2026 through 9/30/2026

Year beginning 9/1/2026

Gaming Date

Isle of d

RPT MGC/3

State/Local Allocation of Gaming Revenues

Day

Admission Tax
Remitted

GamingTax
Remitted

Total Tax
Remitted

State & Local
Portion of AdmTax

State Portion of

Local Portion of
Gaming Tax

Total Local Adm &

$35, 891. 90
$30,634. 65
$47, 713.26

$3, 987.99
$3, 403. 85

$67, 650. 55

$7, 516. 73
$9, 811.08
$7, 837.46
$7, 166.97
$3, 684. 50
$3, 035.89
$4, 209. 11
$7, 385. 83
$9, 385.91
$5, 731. 20
$3, 201. 25
$2, 871.67
$3, 638. 71
$4,450.65
$7,447. 45
$6, 980. 50
$4, 364. 86
$3, 260.94
$3, 923. 84
$3, 310.89
$3,451.63
$7, 550.32

$6, 317. 99
$5, 661. 85
$8, 119.47
$11,912.73
$15,654. 08

GamingTax

09/01/2026
09/02/2026
09/03/2026
09/04/2026
09/05/2026

09/06/2026
09/07/2026
09/08/2026
09/09/2026
09/10/2026
09/11/2026
09/12/2026
09/13/2026
09/14/2026
09/15/2026
09/16/2026
09/17/2026
09/18/2026

Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday

$4, 660. 00
$4, 516. 00

$5, 636. 00
$8,792. 00
$11, 686. 00
$9, 536. 00
$9, 008. 00

$12, 605. 46

$192, 552. 00

$1,603, 011. 32

$1, 795, 563. 32

$96, 276. 00

$1,442, 710. 21

$160, 301. 11

$256, 577. 11

$192, 552. 00

$1,603, 011. 32

$1,795, 563. 32

$96, 276. 00

$1,442, 710. 19

$160, 301. 13

$256, 577. 13

$33, 108. 91

09/24/2026

Thursday

$5, 212. 00

$34, 516.27

Friday
Saturday

$8,604. 00

$75, 503. 19

$10, 958. 00

. 09/27/2026

Sunday

09/28/2026

Monday
Tuesday
Wednesday

$5, 938. 00
$4, 036. 00
$4,436. 00
$4, 520. 00

$93, 776. 31
$53,239. 80
$38, 914. 80

Casino Report Totals:
Casino YTD Totals

Thursday, October 8, 2026

$70, 537. 13

$4, 504. 00

$2, 218.00
$2, 260. 00

$73, 858. 32

$93, 859. 15
$57, 312. 03
$32, 012. 55
$28, 716. 67
$36, 387. 13
$44, 506.48
$74, 474. 54
$69, 805.05
$43, 648. 58
$32, 609. 39
$39, 238.41

09/25/2026
09/26/2026

09/30/2026

$88,299. 76

$5, 301. 47

$45, 174.31

Tuesday
Wednesday

09/29/2026

$2, 330. 00
$2,258. 00
$2, 818.00
$4, 396. 00
$5, 843. 00
$4, 768. 00

$37, 504. 91
$39, 728.27
$84, 107. 19
$104,734. 31
$59, 177. 80
$42, 950. 80
$47, 234. 87
$49, 694. 31

09/20/2026
09/21/2026
09/22/2026
09/23/2026

Monday

$78, 374. 59

$71,669. 69
$36, 845.05
$30, 358.87
$42, 091. 12

$44, 539. 89
$38,554. 50
$58,650. 73
$83, 959. 28
$109, 796. 84
$87,910. 59
$80, 677. 69
$41, 995. 05
$34, 934. 87

$64, 502. 72
$33, 160.55
$27, 322. 98
$37, 882. 01
$66,472. 49
$84,473. 24
$51, 580.83
$28, 811.30
$25, 845. 00
$32, 748.42
$40,055. 83
$67, 027. 09
$62, 824. 55
$39, 283.72
$29,348.45
$35, 314.57
$29, 798. 02
$31, 064. 64
$67, 952. 87
$84, 398.68
$47, 915. 82
$35, 023. 32
$38, 518. 98
$40, 656. 88

$5, 150.00
$4, 576. 00
$6, 056.00
$8,256. 00
$11, 040. 00
$6, 944. 00
$3, 584.00
$3, 872. 00
$4, 882. 00
$5, 290.00
$8, 104. 00
$9, 516. 00
$5, 672. 00
$3, 526. 00
$4, 150.00
$4, 396. 00

09/19/2026

$39, 879. 89
$34, 038.50
$53, 014.73
$75, 167.28
$98, 110. 84

Gaming Tax

$42, 798. 87

$48, 147. 12

$82, 114.32
$104, 899. 15
$64, 256. 03
$35, 596. 55
$32, 588. 67
$41,269. 13
$49, 796. 48
$82,578. 54
$79, 321.05
$49, 320. 58
$36, 135. 39
$43, 388. 41

$2, 575. 00
$2, 288. 00

$3, 028. 00
$4, 128.00
35, 520. 00
$3, 472. 00
$1, 792. 00
$1, 936. 00
$2,441. 00
$2, 645. 00
$4, 052.00
$4, 758. 00
$2, 836. 00
$1, 763. 00

$2, 075. 00
$2, 198. 00
$2, 606.00
$4, 302.00
$5, 479. 00
$2, 969. 00
$2, 018. 00

$9, 377. 63

$11, 670. 97
$6, 259. 50
$5, 323. 89
. $7, 237. 11
$11, 513. 83

$14, 905. 91
$9, 203.20
$4, 993. 25
$4, 807. 67
$6, 079. 71
$7, 095.65
$11,499.45
$11,738.50
$7, 200.86
$5, 023. 94
$5, 998. 84
$5, 508. 89
$6, 057.63
$11, 852. 32

$5, 323. 98
$3, 891.48
$4, 279. 89
$4, 517.43

$14, 856.63
$8,292. 98
$5, 909.48
$6, 497. 89
$6, 777. 43

*Note: Thefigurescontained in this report may be subjectto adjustment.

WideAreaProgressiveJackpotContributionReportedasManualJackpotonThirdSaturdayofMonth

Page 10 of 13

Page 90 of 90

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DeFlock research desk · Oct 16, 2026

Permanent ID DKT-2026-002183 — this record is never deleted.

Record history

Every change to this record, logged as it happened.

Oct 16, 2026 Filed on the Docket
Oct 16, 2026 Full document archived — public record
Oct 16, 2026 Corroborated by another source DeFlock research desk

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On the agenda: Boonville City Council Meeting — ALPR (Oct 19)

The agenda, word for word

Provenance

Record history

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