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NS Contract - Brockwell & Associates Inc & Engineered Designs Inc Design Co Campus Bldgs
REVISED 12/11/07 Page 2- In Bold ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting .Date: December 11, 2007 1 Action Agenda Item No. ~ •-~ SUBJECT: Contract Approval: Professional Services Contracts Associated with the Design of County Campus Buildings DEPARTMENT: Purchasing and Central Srvcs. PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Brockwell and Associates Agreement Pam Jones, (919) 245-2652 EDI Agreement PURPOSE: To consider approving contracts with Brockwell and Associates, Inc. and Engineered Designs, Inc. (EDI) for work associated with the design of the office and library buildings on the expanded County campus in downtown Hillsborough. BACKGROUND: As the Board is aware, when using the Construction Manager at Risk (CMAR) method of contracting for construction of a building, the General Statutes require that the County have a direct contractual relationship with both the designers} and the firm providing the CMAR services. The Board has previously approved the CMAR agreement with Telesis Construction Company for the construction of the office building and library on the new county campus. Action called for in this abstract will complete the contracting requirements for the county campus by approving the contract with Brockwell Associates and EDI for the design of the°facilities. As identified in the November 2, 2006 public hearing abstract, Brockwell Associates, Inc. serves as the architect of the buildings and EDI provides the mechanical, plumbing and electrical engineering design. Gardner & McDaniel, PA, who provide structural engineering services, are subconsultants to Brockwell Associates, Inc. and that cost is included in the Brockwell fees. FINANCIAL IMPACT: The contractual amounts for design services of the office building and library total $397,806, with $249,235 attributable to Brockwell Associates and $148,571 to EDI. These expenses were considered in the overall cost of the project. The purchase amount paid to the developer will be reduced by the combined total of the design contracts ($397,806). The funds for the project are included in the Capital Investment Plan. REVISED 12/11/07 Page 2- In Bold The Board may also recall that the County separately retained Phil Barton, a specialist in library space planning, to provide interior planning for the library building at a cost of $14,000. That contract was previously approved by the Board on March 27, 2007. RECOMMENDATION(S): The Manager recommends that the Board approve the contract with Brockwell Associates, Inc. in the amount of $249,235 and assignment to the County of the Contract between Engineered Designs, Incorporated and Telesis Construction Company in the amount of $148,571 for design services associated with the office building and library building on the expanded county campus; and authorize the Chair to sign on behalf of the Board. ' ~ 7997 EDITfON 3 AIA DOCUMENT 8141-1997 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services This document has important legal consequences. AGREEMENT made as of the Sixth day of December Consultation with an in the year 2007 attorney is encouraged (In Nrords, indicate day, month and year) with respect to its completion or modification. BETWEEN the Architect's client identified as the Owner: (Brame, address and other information) TABLE OF ARTICLES County of Orange Department of Purchasing and Central Services 1.7 INITIAL INFORMATION P.O. Box 8181 129 East King Street 1.2 RESPONSIBILITIES OF THE Hillsborough, NC 27278 PARTIES ' 1.3 TERMS AND CONDITIONS and the Architect (Vamp address and other information) T.4 SCOPE OF SERVICES AND Samuel Brockwell OTHER SPECIAL TERMS Brockwell Associates, Inc. 1911 Hillandale Road, Suite 1050 AND CONDITIONS Durham, NC 27705 1.5 COMPENSATION For the Following Project: (Include detailed description of Project) The New Orange County Office Building and New Orange County Library. The buildings will be on a~site located between Nash & Rollock a. Street and Margaret Lane adjacent to the Gateway Center and Gateway ""' Center Parking Deck. The office building will be four stories with a total area of approximately 4b,792 SF and the library will be ~ ~` two stories with a total area of approximately 23,484 SF. ~„~~~ . t>rr 01997 AIA® AIA DOCUMENT 8141-1997 STANDARDfORM AGREEMENT The Owner and Architect agree as follows. The American Institute of Architects • - -.... -_- . _-.- -.. . • - .. 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Copyright 1917, 1926, 1948, 1951, 1453, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, ]987, ®1997 by The American Institute of Architects. Reproduci[on of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United Stares and will subject the violator ro {egal prosecu- tion. WARNING: Unlicensed photocopying vitiates U.S. copyright Saws and will subject the violator 1o fagal prosecution. ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. • (;v'ote the disposition for the following items by iruertirg the requested infonnativn or a statement such as "not appIicable," "unknown at time of execution" or"to he determined later by mutual agreement.") 1.1.2 PROJECT PARAMETERS 1.7.2.1 1'he objective or use is: (Identify or describe, if appropriate, proposed rrse or goals.) The projects will house a new Library and Departmental Offices for the County of Orange. 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, locativrr, dimerrsiorts, or other pertinent information, such as geotechnical reports about the site) 1.1.2.3 The Owner's l7rogran~ is: (Identify da:umentation or state the manner irr ++~Irich the progrwt will be developed.) A Facility Program will be prepared for the departmental offices as designated by Orange County to be located in the Office Building. The program for the Library will be developed by a Library Consultant to be hired directly by 1.1.2.4 T'he legal parameters are: Orange County. (Identify pertinent legal information, including, if appropriate, tarot sun~eys and JegaI descriptions and restrictions of the site.) 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: a Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: 1.12.5 The time parameters are: (Identify, if uppropriate, milestorre dotes, durations yr fast truck scheduling.) 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contrail, or construction nuurugenrertt.) Construction Manager at Risk. 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such us energy, emrironnrentul or historic preservation requirements.) WArtidlNG: UnUcensed photocopying violates US. copyright laws and wiU subject the vblator ro legal prosecution. IH~ 0 0 o. .o °o~3AO° ®1997 AIA~ AIA DOCUMENT 8141-1497 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006.524 7.13 PROJECT TEAM t.73.1 The Owner s Designated Representative is: (List name, address and oilier infomtaiian.) Pam Jones County of Orange Department of Purchasing and Central Services P.O. Box 8181 129 East Ring Street, Hillsborough, NC 27278 1.132 The persons or entities, in addition to the Owner s Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name; address and outer information.) 1.733 The Owner's other consultants and contractors are: (Lisa discipline and, if known, identity them_6y Warne acid address.) 1.13.4 The Architect's Designated Representative is: (List name, address and other information.) Samuel Brockwell, AIA • Broclewell Associates, Inc. 1911 Hillandale Road, Suite 1050 Durham, NC 27705 1.1.35 The consultants retained at the Architect`s expense are: ('st discipline and, if lutotvn, identify them by Wane and address.) Steve McDaniel Gardner ~ McDaniel, P.A. P.O. Box 519b7 Durham, NC 27717 Structural Engineers ].1.4 Other important initial information is: EDI Engineered Designs, Inc: 5540 Centerview Drive, Suite 315 Raleigh, NC 27609 Plumbing, Mechanical & Electrical Engineers t.t.s When the services under this Agreement include contract administration services, the Generat Conditions of the Contract for Construction shall be the edition of AIA Document Azol current as of the date of this Agreement, or as folloti+s: 1.1.5 The infonnation contained in this article >s may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, hotivever, recognize that such inforniation may change and, in that event, the Owner and the Architect steal! negotiate appropriate adjustments in schedu}e, compensation and Change in Senrices in accordance with Paragraph 1.3.3. YVARNIFIG: Unl"icensed photocopying violate: US. oopyrlght laws and will subJed the violator to legal prosecution. Ili` a, o o. .b °o'Q':A o° I~ mt997 AIA® AIA DOCUMENT B1411997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 (c~ - ARTICLE 1.2 RESt'ONSIBILITIES OF THE PARTIES i.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. 1.2.2 OWNER t.2.2.1 ilnless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regazding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within i5 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 7.2.2.2 The Owner shall periodically update the budget for the Pmject, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the \Nork, or contingencies included in the overall budget or a portion of the budges, without the agreement of the Architect to a corresponding change in the Project scope and quality. 1.2.23 The Owner's Designated Representative identified in Paragraph t.t.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 7.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph i.t.3 or authorize the Art;hitect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. 1Z.2s llnless otherwise provided in this Agreement, the Otivner shat! furnish tests, inspections • and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests foi air and water pollution, and tests for hazardous materials. 1.2.2.6 The Owner shall furnish all legal, insurance and acwunting sen~ites, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. t.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 1.23 ARCHITECT 1.23.1 The services performed by the Archite~-t, Architect's employees and Architect's consultants shall be as enumerated in Article i.4. 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent ~zth professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Subpazagraph 1.1.26 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allov`rances for periods of time required for the Owner s review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the O-vner shall not, except for reasonable cause, be exceeded b?' the Architect or O~+ner. VlABHING: Unikensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 1111 o, a o. .o 01997 q~p® AIA DOCUMENT 6141-1947 STANDARD FORM AGREEMENT The American Institute of Architects 7735 New York Avenue, N.W. Washington, D.C. 20oD6-524 7 • 1.2.3.3 The Architect's Designated Representative identified in Paragraph 1a.3 shall be zuthorized to act on the Architect's behalf ++~th respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would ~~iolate the lativ, crea+x the risk of significant harm to the public or pre~rent the Architect tom establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. 1.2.3.5 Except with the O+yner's knowledge and consent, the Architect shall not engage in any activit}; or accept any emplo}went, interest or contribution that ~+rould reasonably appear to compromise the Architect's professional judgment ~,~ith respell to this Project. 7.23.6 The Architect shat review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction o~*er the Project. 1.23.7 'fhe Architect shall be entitled to rely on the accuracy and completeness of ser~~ices and information furnished by the Owner. The Architect shall pro+~ide prompt written notice to~the O+vner iFthe Architect becomes aware of any errors, omissions or inconsistencies in such services or infonnation. ARTICLE 1.3 TERMS AND CONDITIONS • 13.1 COST OF THE WORK 1.3.7.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. t3.1.2 The Cost of the ~'Jork shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation prrn~ded by a separate construction manager or contractor, plus a reasonable allowance for their rn~erhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and For changes in the Work 13.13 The Cost of the Mjork does not~indude the compensation of the Architect and the Architect's consultants, the costs of the lazed, rights-of-++~ay and finandng or otr'ter costs that are the responsibility of the O++~ner. 13.2 INSTRUMENTS OF SERVICE i t3.2.t Drawings, specifications and other documents, including those in electronic form, t~l prepared by the Architect and the Architect's consultants are Instruments of Ser+rice for use sole- ~. ~ ly with respect to this Project. The Architect and the Architect's consultants shall be deemed the oQ~,oo° authors and o+vners of then respective Instruments of Service and shall retain aIl cotumon law, ~ statutory and other reserved rights, including cop}rights. ®1997 AIA® AtA DOCUMENT 6141-1997 STANDARD FORM AGREEMENT The American Ins!itute of Architects 7735 New York Avenue, N.W_ Washington, D.C. 20005-5292 1.3.2.2 upon execution of this Agreement, the Architect grants to the O.vner a nonexclusive license to reproduce the Architect's Instruments of Service solely far purposes of constructing, using and main!aining the Project, provided that the Owner shall comply r+~ith al] obligations, including prompt payment of all sums ~+~hen due, under this Agreement. The Architect shall t1?'.tdS'nncC: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecoTion. obtain similar nonexclusive licenses from the Architect's consultants consistent ~,rith this Agreement. Airy termination of this Agreement prior to completion of the Project shall terminate • this license. llpon such termination, the O~,mer shall refrain from making further reproductions of instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 13.23 Except for the licenses granted in Subparagraph i.3.2.z, 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 a>ry license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the ~i~ork by license granted in Subparagraph 1..3.x2. Submission or distribution of Instruments of Ser~~ice 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. the Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. 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. 132.4 Prior to the Architect providing to the Owner any Jnstruments of Sen~ice in electronic • form or the Owner providing to the Architect any electronic data Ear incocporativn into rite Instruments of Service, the Owner and the Arcbitect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any spedal limitations or licenses not otherwise provided in this Agreement. 133 CHANGE IN SERVICES 133.1 Change in Services of the Architect, including sendces required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in dvriting, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagrapb ;<.3.3.z in the absence of mutual agreement in writing, the Architect shall notify the Owner prior to pro~~iding such services. If the Owner deems that all or a part of such Change in Services is rat required, the O-,mer shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those ser~~ces. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.9.2 and ~~j~ Paragraph 1.5.5. 0 0 1.33.2 If any of the following circumstances affect the Architect's services for the Project, °oit~o° the Architect shall be entitled to an appropriate adjustment in the Architect's schedule r--•~ and compensation: ®19g' "~"® Al/1 DOCUMENT B141-1997 .1 change in the instructions or approvals given by the Owner that necessitate revisions in STANDARD FORM instruments of Sen~ce; AGREEMENT .i enactment or revision of codes, laws or regulations or official interpretations ,which necessitate chanties to previously prepared Instruments of Sen ice; The American Institute of Arthite~is 1735 New York Avenue, N.W. Washington, D.C. 20006.529 wARbIi~1G: t)nlicensed photocopying violates tfS. copyright laws and will subject the violator to legal prosecution. • s decisions o£ the Owner not rendered in a +.irnely manner; .a significant change in the Project including, but not limited to, size, quality, complexity, the Otivner s schedule or budget, or procurement method; s failure of performance on the part of the Owner or the Owner's consultants or contractors; .s preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .~ change in the inFormation contained in Article l.l. 13.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising ouf of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's ser4~ces, 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 arbitration. • ffl~ ~ a o. .o °Q ci/o o° ®1997 AIA~ A1A DOCUMENT Bi41-1997 STANDARD FORM AGgcEMENT The American Institute of Architects 1735 Neva York Avenue, N.W. Washington, D.C. 20006-5292 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree other">ise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect.. Request for mediation shall be filed in writing with the other party to this Agreement and tivith the American Arbitration Association. The request may be made conatrrently >•vitlt the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, "*hich shall be.stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 1.3.43 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 hating jurisdiction thereof. 13.5 ARBITRATION 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to ll~is Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph i.3.4. 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resol\~ed by mediation shall be decided by arbitration which, unless the parties mutually agree othen,~ise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. 13.53 A demand for azbitration shall be made within a reasonable tune after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred b}~ the applicable statute of limitations. 13.5.4 No arbiira±ion arising out of or relating to this Agreement shall include, by consolidation or joinder or in amr other manner, an additional person or entity not ~ party to thss Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration invoh~ng an additional person or entity shall not constitute consent to arbitration of any claim, i:r'f,r~k?t~ra;:: Unlicensed photocopying vlolalet US. copyright laws and wit) svbfect the violaror ro legal prosecution. .® id dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to azbitrate 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. 13.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance kith applicable law in any court having jurisdiction thereof. 73.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other maters 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 in accordance with Paragraph 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 13.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Paragraph t.4.2. 13.7.2 terms in this Agreement shall have the same meaning as those in the edition of AIA Document AZOl, General Conditions of the Contract for Construction, current as of the date of this Agreement. 13.73 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall he deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occumng prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no evens shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 13.7.4 To the extent damages are covered by property insurance during construction, the Owner and the 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 the edition of ALA Document A2o1, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 13.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of a~.ion in favor of a third party against either the Chvner or Architect. i3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants 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. 13.7.7 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 io 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 ~+•riling of the specific information considered by the Owner to be confidential or proprietary. The Ow*ner shall prorzde professional credit for the Architect in the Owner's promotional materials for the Project WARRING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. fl~~ D O O. .O O~~QO ®1997 AIA® AIA DOCUMENT 6141-1997 STANDARD FORM AGREEMENT The American institute of Architects 1735 New Yo-k Avenue, N.W. Washington, D.C. 20005-5292 1.3.7.8 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 rq days prior to the requested dates of execution. The Architect shall not ne required to execute certificates that v,~ouhd require kno~.~ledge, ser~zces or responsibilities beyond the scope of this Agreement. 13.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representa'~ives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement.:tieither the Owner nor the Architect shall assign this Agreement ~zthout the ~,~ritten consent of the other, except that the Owner may assign this Agreement to an institutional lender pro~riding financing for the Project. In such event, the lender shall assume the Uvnei s rights and obligations under this Agreement.'1'he Architect shall execute alt consents reasonably required to facilitate such assignment. 1.3.6 TERMINATION OR SUSpENS10N 1.3.8.1 If the Owner fails to make payrr-ents to the Architect in accordance with this Agreetnenl, 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 ser~zces, prior to suspension of ser~*ices, the Architect shall give seven days' written notice to the owner, 1n the event of a suspension of services, the Architect shat! have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resunung services, the Architect shall be paid 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. • 13.81 If the Project is suspended by the Owner for more than ,o consec~,~tive days, the Architect shall be compensated for sen~ces performed prior to notice of such suspension. bVhen 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 remauiirtg~ services acid the time schedules shall be equitably adjusted. 13.83 If the Project is suspended or the Architect's services are suspended for more than >o consecutive days, the Arcratect may terminate this Agreement by giving not less than seven days' written notice. t3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance e,~ith the terms of this Agreement through no fault of the party initiating the terrination. 1.3.8.5 This Agreement may be terminated by the Or~mer upon not hess than seven days written notice to the Architect for the U~vner's convenience and ~+~ithout cause. 13.8.6 In the event of termination not the fault of the Architect, the Architect shall be t~j' compensated Eor sen-ices performed prior to termination, together with Reimbursable Expenses 0 o then due and aL Termination Fa-penses as defined in Subparagraph 1.3.8.7. 00.E-~- .DO ' ~ 13.8.7 Termination Expenses are in addition to compensation for the services of the Agreement O 1 9 9 7 a i a m and include expenses directly attributable to termination for which the Architect is not otherwise AtA DOCUMENT 81411997 compensated, plus an amount for the Architect's anticipated pro&i on the value of the services not STANpARD FORM AGREEMENT performed by the Architect. The American Instit~!e of Architects 1735 New YorR Avenue, N.V.l. Washini;ton, D.C. 20006-5292 ;ir.-'.CSC*~~-.: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1~ 13.9 PAYMENTS TO TFiE ARCHITECT 13.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. Vo deductions shall be ?node from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the \ti'ork other than those for which the Architect has been adjudged to be liable. 13.9.2 Reimbursable Expenses are in addition to compensation for the Architect's ser~zces and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: a transportation in connection r.~ith the Project, authorized out-oF town travel and subsistence, and electronic communications; .z fees paid for securing approval of authorities having jurisdiction over the Project; 3 reproductions, plats, standard form documents, postage, handling and delivery of Instruments of Service; .4 e.~cpense of overtime work requiring higher than regular races if authorized in advance by the Owner; .s renderings, models and mock-ups requested by the Owner; .s expense of professional liability insuruice dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated ID Paragraph 1.5.5, .s other similar direct Project-related expenditures. 13.93 Records of Reimbursable Expenses, of expenses pertaining to a Change ir1 Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. . 13.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement 'This Agreement represents the entire and integrated agreement between the Owner and the Archtect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. Tlus Agreement comprises the documents listed beto~v. 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AL1 Document B141-1997. nll 1.4.1.2 Standard Form of Architect's Sen--ices: Design and Contract Administration, AIA. n o Document B141-1997, or as follows: °ocr/-~° 'o° (list other documents, if any, delineating drehitect's sco>>e of services.) 0 ®194) AIA® AIA DOCUMENT 6141-1997 1.4.13 Other documents as folltnvs: STANDARD FORM AGREEMENT (Lin other documents, if any, forming part of t,4eAgreement.} The American Institute of Architects 1735 New York Avenue, N.W. Washington, D,C. 20006-5292 WARiiING: Unlicensed photocopying oblates US. copyright laws and will subject the violator ro legal prosecution. I~ 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: ARTICLE 1.5 COMAENSATION iS.t For the Architect's services as described under Article t.q, compensation shall be computed as follows: Orange County Office Building $249,235.00 (Two hundred forty nine thousand two hundred thirty five dollars), $54,871.00 of which will be reimbursed by the County to the Developer for invorees previously paid. Orange County Library $148,5X.00 (One hundred forty eight thousand five hundred seventy one dollars), $39,249.00 of which will. be reimbursed by the County to the Developer for invoices previously paid. 15.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph 1.5.z, in an equitable manner ' (Insert basis of eomperuation, incl:uling rates and multiples of Direct Persoxnel Expense for Principals and employees, and identify Principals and classify employees, if required. Tdextify speeifec services to -vhich partic- . uIar methods of comperuation apply) 1.53 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one (1.0 )times the amounts billed to the Architect for such sen~ices. 1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Pazagraph >.5.g as Reimbursable Expenses, the compensation shall be computed as a multiple of one (1.0 )times the expenses incurred by the Architect, and the Architect's employees and consultants. I+l J 1.5.5 Other Reimbursable Expenses, if any, are as follows: a o o. .o oa~do 0 01997 AIA® AIA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenve, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates us. copyright laws and wig subject the violator m legal prosecution. i I~ • 15.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment of N/A Dollars (s )shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owners account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. ts.8 Payments are due and payable twenty five ( 25 )days from the date of the Architect's invoice. Amounts unpaid fifteen ( 15 )days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the Iegal rate prevailing from time to time at the principal place of business of the Architect. (Insert tale of interest agreed upon.) (Usury Imes and requirements under the Federal'I'ruth in Lending Ad, similar stale and local consumer credit laws cu+d other regtdations at the Owners andArchitect's principal plates of business, the lotation of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respell to deletions or rnodifrations, and also regarding requirements such as written disclosures or waivers.) 1s.9 If the services covered by this Agreement have not been completed r.Zthin eighteen ( 18 )months of the date hereof, through no fault of the Architect, e7.~tension of the Architect's services beyond that time shall be compensated as provided in Paragraph 1.5.z. This Agreement entered into as of the day and year first written abrn~e. OWNER (Signature) ARCHITECT (signature) (P+•intrd name and title) Samuel Brockwell, President (Printed Warne mid title) CAlirloM: You sho++ld sign mr original AIM document or a licensed reproduction. Originals contain t1teAIAlogo printed in red; licensed reproductio+rs are those produced in accordance with the Instructions to this document. ~IJAtt.'41trG: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal proseMlon. nat>a ....~ 1 i!~j~~~• ~i'i~~ ~~ t~ X1997 AIA® AIA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The American institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ~~ ~J • C~~ Engineered Designs, Irtc. 5540 Cerrterview Dr, Suite 3 15 Raleip,~, NC 27606 f'h. 9 t 4.851.8481 Fax 9 19.851.9703 August 7"', 2006 Mr. George Norton Teles~ Consfrudion Management Company 1000 Corporate Dr., Suite 109 Hillsborough. NC 27278 RE: Gateway Center -Office Building #2 Dear George, Thank you for your interest in obtaining our services for the above referenced project. Based on our discussions last week, we understand the project scope of services m irxiude the plumbing, electrical, and HVAC design for amulti-story office building. Below is our understanding of the scope for this building: Gatewa~BuildinQ #2 (46.000 sq. ft.. multiple stories) .....................................................$67,600.00 This building wr71 be designed with the following services: ^ Meetings as required 1n gather design information. ^ Design of plumbing waste, vent, and water prptng systems and fixture selection, etc. for a complete plumbing system for the restrooms and brrak-morns on each floor. A secondary waste system to be used for grey-water" reuse wib be designed for the waste system from all siNcs. NOTE: All services will temrinate 5' from building. ff is assumed a Civil Engineer will continue the roofing of services from this point outward.) ^ Design of e4ectrical power system for budding. Design wdl include main eladrical service sizing, lighting layout and circuitry, receptacle layout and dreuitry, emergency arxf exit lighting layout, panel sdiedules, main riser diagram. connected load summary, and details. ^ Design of secondary systems to include location of termination points for phone, network and cable systems, based on input of requiremer:ts by owner. Design wi6 not include detailed wiring diagrams for any of these systems. It is assumed detailed wiring diagrams will be provided by vendor for each system.} ^ HVAC design including thermal load calculations, unit selection and placement, dud routing and sung, details, and specifications. Design wdl conform to 2002 Medianical Code for ventilation requiremerrts. ^ Design of Fire alarm system including kxation of hom and strobe devices in accordance vrith NEC requtremerm, battery calctations, and perfom~ance spe6fication for fire alarm system. ^ Preparing the budding for corviection of an emergency generator for the futax+e will be included in the scope of the design. This will irx:~de determination of generator load, pane) design, and sizing and spedfimtion of an Autornamc Transfer Switch. O Spedfrcations on drawings. Some items not included in the fee listed above are as follows: ^ Construction Administration Services (NOTE: ff is ~sumed all services after completion of design and issuance of permits will be considered as additional services and will be billed in xcordarxe with the attached rate schedule.) ^ Building secorxlary electrical system design such as inter[om, network, phone, etc. ^ Speaalty Lighting destgn ^ Site Lighting design ~~ _ i~ C171 Gateway Center -Building #2 ~~~ ~~~ ~~' • ^ l.ltililymetering or wb-metering design ^ Bound spedhcations Also, as based on our discussions and the proposal for Orange Co., we propose the fdlwving optional costs: a. L'~fe Cycle Cost Analysis for any building for feasibility of higher~eff systems......$ .00 b. Cor~shvcoion Administration 5e-vices Inducted in this cost wifl be monthly site visits for the duration of consWction, field reports, response to RFl's from contractor, shop drawing review. bid assistance to sub-contractors, above- ceifing irrpections. Pre-final and final i~pections. This service can be provided for each buildi a lump sum fee as listed bek~,v: Office Building #2 (Est. 8 months C/A) ............................................. ,400.00 Please let us know if any of these items are needed so we can revise our pro accordingly. EDi requu-es the fotk>wing iterrx prior w initiation of des': ^ The architect should provide CAD files compatible with AutoCJ\D 2006. ^ The architect should provide floor plans wish a Layer structtge that incorporates rated wall designations, equipment kxatror~s, plumbing fixtures, courRers and furniture elemenrts. • ^ Any input from the buildng owner should be provided early in the design process. Any owner changes that occur aftEr the completion of 50% design completion that require re-work of major design elements wiN be considered additional services and will be billed accordingly. We hope these costs meet witfti your expectations, and vve appreciate the opportunity to work with you and your comparry. Please call iF vre can be of assistance on other issues. Th~ankAyou. M. Ginger Scoggir>s, PE v/ TERMS OF COMPENSAT{ON: The fee for this project will be billed at the completion of design. All payments are due 30 days after receipt of invoice. Payments not received 90 days after irrroice are subject to a i % finance charge per month unt+l received. NOTICE TO PROCEED: !f you are in agnaement as to the conter~ of this proposal. and would lice m authorize the commencement of the design as stated above, please sign in kxation provided and return to Engineered Designs. Inc. (Fax 9 l 9-85 ! -9703). Please note that all terms and fees stated in this proposal are valid for a perrod of 30 days Page 2 • /7 • Gateway Cerrter-Building #2 C171 Ertgirteen:d Designs, Inc. from the date of proposal. if project authorization or design has not commenced wdhin the 30-day period, all fees are subject to review and alteration. /4Rhorized T n Mgmt. Represer~tive Date ~'r~ • Page 3 Gateway Center -Building #2 CL71 En~e~ed DesigF,s, inc. METHOD OF CHARGING FOR PROFESSIONAL SERVICES RATE SCHEDULE FEES: Personnel Classifxation . (per hour) A. Clerical $46.00 B. CARD Operator $55.00 C, jr. Ted~ical Designer ~ than 5 years experienxe) $60.00 D. )r. Project Engineer (Et) $75.00 E. TechnicaE Designer (5-10 years experience) $80•~ F. Sr. Techn'"Kal Designer (greater than l0 years experience) $85.00 G. Project Engineer (PE) $95.00 H. Project Managerlfeam leader $ I l 0.00 I. Principal $130.00 REIMBURSABLE EXPENSES: Reimbursable expenses are in addition to compensation for professional services and indudecut-af-pocket expendiUres advanced in the interest of the project Automobile Mileage (per mile) $0.44 Travel, Subsistence, Postage, Long Distance Telephone Belled at Cost Outside Consultants Bled at Cost plus t 0% Reproduction Expenses: (Per sq. tt) Blueline Print $0•~ Translucent Bond $ I .~ Xenxc Copies $0.20 INVOICING: Invoices shall be issued morrthly for services rendered and are payable upon receipt. i~ • • ~4 i~ ~- C~1 rerEd Designs, fnc 5540 Centerview Dr, Suite 3 15 Raleigh, NC 27606 Ph. 919.651.8461 Fax 919.651.9703 August 7'", 2006 Mr. George Horton Tele~s Cor-struction Managemerrt Company 1000 Corporate Dr., Suite 109 Hillsborough, NC 27278 RE: Gateway Center- Library Dear George, Thank you for your interest in obtaining our services for the above refererxed project. Based on our discussions last week, v~ understand the project scope of rervices to include die plumbing, electrical, and HVAC design fora 24,000 sq. ft library. Below is our understanding of the scope for this building. Librarr124.000 sq. ft.) ....................................................................................................$35.400.00 This building will be designed with the following services: ^ Meetings as required to gainer design information. ^ Design of plumbing waste, vent, and water piping systems and fixture selection, etc. for a complete plumbing system for the restrvoms. A secondary waste system to be used for `gray-wate-' reuse will be designed for the waste system from~all sinks. NOTE: All services vvil terminate 5' from building. It ~ assumed a Civil Engineer will continue the routrng of services from this point outv~rarrt.) ^ Design of electrical power system for building. Design wil ir><lude main electrical service sizing, lighting layout and orcuitry, rECeptacle layout and circuitry, emergency and exit Gglrting layout, panel schedules, main riser diagram, connected bad summary, and details. ^ Design of secondary systems >b incude bcation of termination points for phone, network and cable systems, based on input of r+equiremer~ by owner. Design will not include detailed wiring diagrams for any of tdiese systems. It is as~med detailed wiring diagrams will be provided by vendor for each system.) ^ HVAC design including them~al load calculations, unit selection aM placement, duct routing and sizing. details, and specifications. Design will conform >p 2002 Mechanical Code for vernilatron requirements. ^ Design of Fire alarm system including bcation ~ nom and strobe devices in accordance with NEC requirements, battery Calculations, and performance spedfication for fire alarm system. ^ Specifications on drawings. Some items not included in the fee listed above are as follows: ^ Constnxtion Adrrunistration Services (NOTE: It is assumed all sences after completion of design and iswance of permits will be considered as additional services and vvil be billed in accordance with the attached rate schedule.) ^ Binding secondary electrical system design such as intercom, networdc, phone, etz ^ Specialty Lighting design O Site Lighting design ^ Utility metering orsub-metering design ^ Bound speafications Page / • ~~ Gateway Center -Library C171 Engneeeed I~gns, Inc. Also, ~ based on our d'rsctssions and the proposal for Orange Co., vve propose the foibovving optional vests: a Life Cyde Cost Analysis for any building for feasibility of higher-eft, systems.....$3, .00 b. Constnxtion Administration Services Included in this cost wilt be rrtonthly sibe visits for the duration of cor~strvdion, field reports, response to RFl's from contractor, shop drawing review, bid assistance to wb-co abo - ceiling inspections, pre-final and final inspections. This service can be provided for buiking at a lump sum fee as listed below: Library (Est. 6 months CIA) ..................................................,/' ............$7,200.00 Please let us know if any of these items are needed so we can revise our proposal accordingly. EDi requrres the following items prior to initiation of design: ^ The architect should provide CAD files compatible with AutoCAD 2006. ^ The architect should provide floor plans witfi a layer stnxd.ire that incorporates rated wall designations. equipment locations. plumbing fixtures, counters and furniture elements. ^ Any input from d,e building owner should be provided early ~ the design process. Any owner changes that occur after the wmpletion of 5096 design completion that require re-work of major design elemer>>s will be considered additional services and wiq be billed accordingly. We hope these costs meet with your expectations. and we appreciate the opporturirty to work with you arxf your tympany. Please call if vve can be of assistance on other issues. T~hankAyou, ~l'( C.•xy..c.~ M. Ginger Scoggins, PE ~/ TERMS OF COMPENSATION: The fee for this project will be billed at the completion of design. All paymerrts are due 30 days after receipt of invoice. Paymerxs not received 90 days after invoice are wbject to a 196 finance charge per month until received. NOTICE TO PROCEED: If y«, are in agreement as to the contents of this proposal, and would like to authorize the commencement of the design as stated above, please sign in location provided and return to Engneened Designs, Inc. (Fax 919-85 I -9703). Please note that an terms and fees stated in this proposal are val'~d for a period of 30 days from the date of proposal. If project authorization or design has not conxr-erxEd within the 30-day period, ap are subje to review and alteration. ~if~ ~ ~ ~e ~ ~ ©~ rued 'Coast. Mgrrrt -Representative Date ~~a~ Page 2 • a~ i• Gateway Center- Library 0171 Engineered Designs, inc. METHOD OF CHARGING FOR PROFESSIONAL SERVICES RATE SCHEDULE FEES: Personnel Classification (per hour) A. Clerical $46.00 B. CADD Operator $55.00 C. Jr. Technid Designer (less than 5 years experience) $60.00 D. Jr. Project Engineer (EI) $75.00 E Technical Designer (5- I 0 years experience) $80.00 F. Sr. Technical Designer{greaterthan 10 years experrence) $65.00 G. Project Engineer (PE) $95.00 H. Project Manager/team Leader $ i 10.00 I. Prinapal $ 130.00 REIMBURSABLE EXPENSES: Reimbursable expenses are in addition to compensation for professional services and include out~f-pocket expenditures advanced in the interest of the project Automobile Mileage (per mile) $0•'44 Travel, Subsistence, Postage, Long Distance Telephone Billed at Cost Outside Consultants BiNed at Cost plus 1096 Reproduction Expenses: (per sq. ft) Blueline Print ~.~ Translucent Bond $ I.00 Xerox Copies $0.20 INVOICING: Invoices shall be issued monthly for services rendered and are payable upon receipt. Page 3 t • 1f ~ u