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HomeMy WebLinkAboutS Purchasing - Corley Redfoot Zack for Engineering & Design Services for Fairview Community ParkThe Owner and Architect agree as follows. AIA Document 8151 -rm —1997. Copyright © 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. unauthorized reproduction or distribution of this AIA® Document, 1 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. tic a �; �„ ��i�rchitect's services shall be performed as expeditiously as is consistent with professional skill :and care and ': s , ,,.'> progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance �` of the`Architeet's services winch may be adjusted as the Project proceeds.'This schedule shall include allowances for pei�aa3f time required for the Owner's review and for approval of submissions by-au ri0es having jurisdiction over }d ti fheftiject. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The Ares�tect sh d ignate a, representative authorized to act on behalf of the Architect with respect to the r €: Project. 1,4 The so jj cov+a bd6y this Agreement are subject to the time limitations contained in Section 11.5.1. OkLSZ_ P FARC CT'S BASIC SERVICES fZf DI 8l"PPON f - The ArWt 's Bas&06r1A6es`bbnsist of those described in Sections 2.2 through 2.6 and any other services identified in Article nas part�of asw, $e es, and include normal structural, mechanical and electrical engineering services. si.,,,.. § 22SCHEMAM -6 1 S § 2 21:The �tect s A the program furnished by the Owner to ascertain the requirements of the Project and shall arrive iat'sl tnutual and - ing of such requirements with the Owner. § 2.2.2, The Arch t shl provide a preliminary evaluation of the Owner's program, schedule and construction budget requird nts, eac WO*of the other, subject to the limitations set forth in Section 5.2.1. § 2.2.3 The Architect shall review' with the Owner alternative approaches to design and construction of the Project. §.2.14'' Bid on the rn� agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the ,Qwner, Schematic Design Documents consisting of drawings and other documents illustrating the sa* .andi"nship of Project components. §:2:2:5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volumd or 4-ing eptual estimating techniques. § 2.3 DESIGN DEVELOP INENT 'PHASE § 2.3.1, Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program' schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. § 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. § 2.4 CONSTRUCTION DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. § 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. § 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. AIA Document 13151 TM —1997. Copyright ©1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, ,2 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyrightCa)aia.org. § 2.44 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. ', 0d J 2 1D01NG OR NEGOTIATION PHASE Theect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of MA on Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 14SCONSTRUCTION PHASE -- ADMINISTRATION OF THE CONSTRUCTION CONTRACT' § e, ponsibility to provide Basic Services for the Construction Phase under this Agreement 2.1i.1 The Architect's responsibility coximences with the a ; of the initial Contract for Construction and terminates at the earlier of the issuance to the :,. Qwher of therm s Lal Ce te for Payment or 60 days after the date of Substantial Completion of the Work. 2.6.2 The Architect p rovide administration of the Contract for Construction as set forth below and in the edition of ASIA Doe"t A ,.., *neral Conditions of the Contract for Construction, current as of the date of this Agreement, tress oth proi In this Agreement. Modifications made to the General Conditions, when adopted as part of Contmo, QWIM4 "sh l be enforceable under this Agreement only to the extent that they are consistent with this R en t r app by n V "g by the Architect. § 2.6 Dries, res�isi _�' a id limitations of authority of the Architect under this Section 2.6 shall not be restricted, mad ied=:or ext xd6d wi tbut ritten agreement of the Owner and Architect. with consent of the Contractor, which consent will ri � u * *ably withheld. § 2. 6.4 TboArchitegfs -all bea presentative of and shall advise and consult with the Owner during the administration of the Coti"a for CfSrist tio,, The Architect shall have authority to act on behalf of the Owner only to the extent provided in this AgreemontAmless otherwise modified'by written amendment. § 2,64 The Architect, %as- a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contraetor's�operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard thowner against defects and deficiencies in the Work, and (3): to determine in general if the Work is being performed in a.manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous' on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs itrr: connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. See Article 12. KE & § 2,6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor "s 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, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect, § 2.6.9 CERTIFICATES FOR PAYMENT § 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. AIA Document 1911151"m — 1997. Copyright © 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 3 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. § 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's, knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing reseri# ions are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Sibs€�11�tr Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. §2.69.3 The issuance of a 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 material suppliers and ther data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. - 1124.10 The Architect s* have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considet'l necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in -accordance with the provisions of the Contract Documents, whether or not such 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 exercisesiich authority shalt rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, matdri4abid egOpment suppl s, their agents or employees or other persons or entities performing portions of the Work § 2.6.11 The Arc Shop Drawings, information give with such reasoi separate contrac Review of such I review sha iew and approve or take other appropriate action upon the Contractor's submittals such as end' Samples, but only for the limited purpose of checking for conformance with gn concept expressed in the Contract Documents. The Architect's action shall be taken ss as to cause no, delay in the Work or in the activities of the Owner, Contractor or wing sufficient time in the Architect's professional judgment to permit adequate review. tit conducted'for the purpose of determining the accuracy and completeness of other quantities, or for substantiating instructions for installation or performance of equipment c the responsibility of the Contractor as required by the Contract Documents. The istitute approval of safety precautions or, unless otherwise specifically stated by the neans, methods, techniques, sequences or procedures. The Architect's approval of a approval of an assembly of which the item is a component. §-2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment -are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Sections 3. 1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. § 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract` Documents. § 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. AIA Document 8151 TM —1997. Copyright © 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, 4 or any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. § 2.6.16 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 initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, KF A, �- eider; and shall not be liable for results of interpretations or decisions so rendered in good faith. � MV The Architect shall render initial .decisions on claims, disputes or other matters in question between the Owner Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to W aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2:'6.18 The Architect's - decisions on claims, disputes or other matters in question between the Owner and Contractor, ,.E jwpt for those relatm,tn aesthetic effect as provided in Section 2.6.17, shall be subject to mediation and arbitration as provided in the Agreenui and in the Contract Documents. ARTICLE 3 A FTIONAL- *"ICES §3.1 GENIAL '' J 3.1.1 Th6, services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The service described uncle r`'Sn tions 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the = 'fawner. If services des6rib6,d under Contingent Additional Services in Section 33 are required due to circumstances beyond the Arebitecfs poggol , the Architect shall notify the Owner prior to commencing such services. If the Owner deems that'suclr serviceslpribed under Section 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner in4kates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. § 3.2 PROJECT REPRESENTi4PON BEYOND BASIC SERVICES § 3.2.1 If more extensive representation at the site than is described in Section 2.6.5 is required, the Architect shall' provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities. § 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.3 § 3.3 3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further ction for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. CONTINGENT ADDITIONAL SERVICES 1 Making revisions in drawings, specifications or other documents when such revisions are: .1 ` inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. § 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.2.5. § 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. § 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. § 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. AIA Document 8151 Tm — 1997. Copyright © 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 5 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyrightCaa aia.org. § 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. :3.317 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in i ti with the Work. § 3.3:$ Providing services in connection with a public hearing, a dispute resolution proceeding or tt legal proceeding ��T;AT except Where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential: bids or providing services in connection with bidding, ;pz _ gotiation or constructii prior to the completion of the Construction Documents Phase. ;4 OPTION AI: �►DDITI SERVICES 34.1 Provfiirtg anal s _ the Owner's needs and programming the requirements of the Project. § 141 Providing fie�bilty or other special studies. § 3,4:3 l oviding g l"g s fys, site evaluations or comparative studies of prospective sites. § 3.4.4 Providing specigps environmental studies and submissions required for approvals of governmental authorities or otho It sdiction over the Project. 6 § 3.4.5 Providing servte %elaftto future facilities, systems and equipment. § 3.4:6 Providing s4rvtces �uestigate existing conditions or facilities or to make measured drawings thereof Providing services t"verify the accuracy of drawings or other information furnished by the Owner. § 3.4.8 Providing coordinati n of construction performed by separate contractors or by the Owner's own forces and coordination of services6re d in connection with construction performed and equipment supplied by the Owner. § 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. § 3.4.10 Providing detailed estimates of Construction Cost. § 3.4.11 Providing detatledgalaantty surveys or inventories of material, equipment and labor. § 3.4.12 Providing analyses of owning and operating costs. § 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. § 3.4.14 Providing services for planning tenant or rental spaces. § 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. § 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. § 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. AIA Document B151 TM —1997. Copyright ©1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 6 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. § 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. viding services of consultants for other than architectural, structural, mechanical and electrical engineering f the Project provided as a part of Basic Services. ` 3:d.20roviding any other services not otherwise included in this Agreement or not customarily furnished in ce with generally accepted architectural practice. ' tICLE 4 OWNER'S RESPONSIBILITIES 'I The Owner shall ft de full information in a timely manner regarding requirements for and limitations on the ect, incl g a m: ;program which shall set forth the Owner's'objectves, schedule, constraints and criteria, iuding s qu "' and relationships, flexibility, expandability, special equipment, systems and site M rement,a,ft O shall furnish to the Architect, within IS days after receipt of a written request, information A ssary bevaf ft the Architect to evaluate, give notice of or enforce lien rights. ,. Tha s1(llbha " d periodically update an overall budget for the Project, including the Construction }L tl�, is off: Ocoa ts; 1 reasonable contingencies related to all of these costs. d � ` "a representative authorized to act on the Owner's behalf with respect to the Project. The 0auch.tgna€� sentative shall render decisions in a timely manner pertaining to documents submitted by tie rch)t "t i outer W Ilwvoic� unreasonable delay in the orderly and sequential progress of the Architect's services. he "r s " f4mish sWIV et's to describe physical characteristics, legal limitations and utility locations for the site Wd a a:_ iagal description of the site. The surveys and legal information shall include, as ind ijoes ".:streets, alleys, pavements and adjoining property and structures; adjacent drainage; ictio, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; ns and neeg$Wy data with respect to existing buildings, other improvements and trees; and ring avaim utility services and lines, both public and private, above and below grade, including All the information on the survey shall be referenced to a Project benchmark. all furiti sh the services of geotechnical engineers -when such services are requested by-the Architect. include but are not limited to test borings, test pits, determinations of soil bearing values, percolation Fhaztdous materials, ground corrosion tests and resistivity tests, including necessary operations for conditions, with reports and appropriate recommendations. all fa ir nish =the services of consultants other than those designated in Section 4.5 when such services W Architect and are reasonably required by the scope of the Project. Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for I materials; and other laboratory and environmental tests, inspections and reports required by law or the Documents. § 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. § 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. § 4.10 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. ZDocument B151 Tm — 1997. Copyright @ 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 7 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. ARTICLE 5 CONSTRUCTION COST § 5.1 DEFINITION § 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to 41he pW oer of all elements of the Project designed or specified by the Architect. Construction Cost shall include the cost at current market rates of labor and materials. famished by the Ovine 'and equipment designed, specified, selected or specially provided for by the Architect, inc Iuding the costs of a manage Went or supervision of construction or installation provided by a separate construction manager or contractor, t:a reasonable allowance for their overhead 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. i 0x.3 Construction Co *',d s not include the compensation of the Architect and the Architect's consultants, the costs of d. *:land, rights- of- way°,al' •financing or other costs that are the responsibility of the Owner as provided in Article 4. 'j *2 RESPO ISIBILITY FORiCONSTRUCTION COST .1 Evaluations o£ the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates A Cons0Wft0 m Cow I<fat►y, p, mpared by the Architect, represent the Architect's judgment as a design professional familiar with the OnOtruction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materi -or equipment, over the Contractor's methods of determining bid prices, or over competitive biddiqg, markefoTnegotiating conditions. Accordingly, the Architect cannot and does not warrant or represebt that bids or negotii prices will not vary from the Owner's Project budget or from any estimate of Contraction Cost or,evaluaton prepared or agreed to by the Architect. § 6.2,2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scoI pe of the Project and to include in the Contract i Pocuments alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. § 5:x.3'' If time Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect Ch es in the general level of prices i the constructio industry. x.2.4. constr tjion cost iget as det rimmed t'ne er, and provided to the USE r d'ed u r r 5.2.3 ens exce de AY the lowest bona fide bid or renegotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. § 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall KEI'C modify the documents for which the Architect is responsible under this Agreement as necessary to comply with Jbc `a construe fi'�f�WAYK, if established as a condition of this Agreement'fThe modification of such documents without cost to the tion Cost Owner shall be the limit of the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to budget as compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is d�pa�telnnined commenced. by t'ne ain_ and provided to t'ne Architect (adjusted as provided in subpara. # and as des.,ned reasonable by the ARchitect. k O R 5.2.3.) ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE § 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. AIA Document 8151 Tm —1997. Copyright © 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, 8 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. § 6,2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. Thftect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this A Any termination of this Agreement prior to completion of the Project shall terminate this license. =Upon i 1 such ation, the Owner 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 F alion the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed " >Ixtinated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly �Ix credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions ip the Instruments of Sege solely for purposes of completing, using and maintaining the Project. .I.3 Except fay the hcoili rgranted in Section 6.2, no other license or right shall be deemed granted or implied merl:L, The Owl <lshall not assign, delegate, sublicense, pledge or otherwise transfer any Ii ranted li re n to any r wt out the prior written agreement of the Architect. However, the r shall be permitted to K F_ R authonze Contr acr tractors, Sub - subcontractors and material or eipivnTent suppliers to reproduce plcablpirtionsflre Insmen rvice appropriate to an a in their execution of the Work by license §7 §;7 e Architecl Architect any e ec'T€ parate written agrees te-rht*i6?uc ring 6LE 7 DISPUTE RES MEMATION 1 Any claim, dispute or aistnnutl liens with the is not to s consultants. The Owne ect or for other projects, unless iltants. Any unauthorized use o Architect and the Architect's, to the the of Service to meet official regulatory requirements or strued as publication in derogation of the reserved Owner sha se the Instruments of Service for future the Owner' obt p�rior written agreement of the f the Instruments of Servic�'s13alLbe at the Owner's of Service in electronic form or the or licenses not otherwise format of such or LOTION my kE or other matter in question arising out of or related to this Agreement4ldbe subject to recedent to arbitration or the institution of legal or equitable proceedings by either party. If the subject of a lien arising out of the Architect's services, the Architect may proceed in law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. Kf It— § 7.1.2 The Owner and hitect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, =ttntM the parties mutually agree otherwise, 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 with the American Arbitration Association. The request maybe made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable 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. § 7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. TION § 7.2.1 Any claim, dispu a uestion arising out of or related to this o K R arbitration. Prior to arbitration�the rt ie s b mediation in accordance with AIA Document B151 TM —1997. Copyright © 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AiA'Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, 9 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. eK 2.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation s e deci arbitration which, unless the parties mutually agree otherwise, shall be in accordance with 1 the nstructon Industry abitration Rules of the American Arbitration Association currently in effect. The deman r arbitration shall be iile`writin �arb er party to this Agreement and with the American Arbitration ' elation. 3 �` r errand fshall be made within a reasonable time after the cl ' , dispute or ether matter in �� question has arisen. In no events' the demand for arbitration be made afte a date when institution of legal or _. equifable proceedings based on such c , dispute or other matter in on "would be barred by the applicable statute of l"tations. § 7,2.4 No arbitration arising out of or relating to this ement shall include,' by consolidation or joinder or in any other manner,_ - addrttoltaaLperson or entity not y to ement, except by written consent containing a specific refence to ,reement and si by the Owner, 'feet, and any other person or entity sought to be joined. Co tp am involvin additional person or entity s fta4,n ot constitute consent to arbitration of any claim, dispfe.:t3 o r in stion not described in the written consen with a person or entity not named or descnbedierih. TIt agreement to arbitrate and other agreements to ate with an additional person or entity duly )�enterl y par ies to this'Agreement shall be specifically enforceable co, with applicable law in any saau 'lI4'v' i to dio6pifhereof. § 7. the arbitrator or arbitrators shall be final, and judgment may be entered a it in orda e wltfi A_Wicab w in any court having jurisdiction thereof' § 7.3 CLAIMS FOR CE#N$EQUMIAL DAMAGES The Architect and s wait/ Jdonsequential damages for claims, disputes or other matters in question arising out. of or relating' "Id this Ag'r'L&emeat. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's terniitati accordance with Article 8. ARTICLE 8 TERMIN ' #i 1V QRMPENSION § &1 If the Owner fails to4nake payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonpeformance and cause for termination or, at the Architect's: o'Ptlorti cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the I event of a suspension of services, the Architect shall have a.laal;ffity to the Owner for delay or damage caused the Owner because of such suspension of services. Before t sung services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the inteff6ati6n and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedule, 11 11 be equitably adjusted. § 8.2 If the Project is suspended by the Owner for more than 30 consecutive 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. § 83 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 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 with the. terms of this Agreement through no fault of the party initiating the termination. § 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 8.7. AIA Document 8151 TM' —1997. Copyright © 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 10 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. § 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. .g ..: MISCELLANEOUS PROVISIONS Olb i Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. !AU Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General oditons of the Contract for Construction, current as of the date of this Agreement. Causes Olfaction but men the parties to this Agreement pertaining to acts or failures to act shall be deemed to have Adaued and applic" "statutes of limitations shall commerce to run not later than either the date of Substantial Ctipletioa alts or y es to act occurring prior to Substantial Completion or the date of issuance of the final al ficate- i men J- acts or failures to act occurring after Substantial Completion. In no event shall such statutes of nitatidl .t mitre =to ro# any later than the date when the Architect's services are substantially completed. 9 4 To ti ten ' IgegWcovered by property insurance during construction, the Owner and Architect waive all rights ttgst each lr anst the contractors, consultants, agents and employees of the other for damages, except such rigl as tf *ay * > the proceeds of such insurance as set forth in the edition of AIA Document A201, Geril Crtndl�is of thact for Construction, current as of the date of this Agreement. The Owner or the Architect; as a propriata�"l rfuire of the contractors, consultants, agents and employees of any of them similar waivers in favo>t of thf3 oihif pares enumerated herein. 1„9.a The toner -= Arct�et 'respectively, bind themselves, their partners, successors, assigns and legal representatives to ;the other party to this Agreement and to the partners, successors, assigns and legal representatives of stitch other party with ruspo —io all covenants of 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 an institutional lender ppiroA4ing financing err the Project. In such event, the lender shall assume the Owner's, rights and obligations under this A&eement. The Architect shall execute all consents reasonably required to facilitate such assignment. the entire and integrated agreement between the Owner and the Architect and , representations or agreements, either written or oral. This Agreement may be amended d by both Owner and Architect. this Agreement shall create a contractual relationship with or a cause of action in favor of a le Owner or Architect. rwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic format the Project site. § 9.9 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. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 9.10 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. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. AIA Document B151TM —1997. Copyright © 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 11 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten It 0) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. ARTICLE 10 PAYMENTS TO THE ARCHITECT § 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the .tie cost of their mandatory and customary contributions and benefits related thereto, such as employment father statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and i T tributions. vg �,"AAEIMBURSABLE EXPENSES Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses yY incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the foOwing Clauses: 1 ansport n in connection with the Project, authorized out -of -town travel and subsistence, and :electronic e001111unications;' - 2 s pak,4"ecuring approval of authorities having jurisdiction over the Project; =" 'rarodtt%ts, plots, standard form documents, postage, handling and delivery of instruments of Service; ,4 expe ct of" vertime work requiring higher than regular rates if authorized in advance by the Owner; :5 renderin s, models and mock -ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Projector the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and.thelArchitect's consultants; �T re imbursaxpenses as designated in Article 12; :8 other Sitnilar alirec Project- related expenditures. 1� 3 PAYM #iTS 60ACCOW1OF BASIC SERVICES f%3.1 An initial payment Witt forth in Section 11.1 is the minimum payment under this Agreement. § 10Z2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 11.2.2. § 1033 If and to the extent that the time initially established in Section 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time „k shall 'be computed in the manner set forth in Section 11.3.2. §;103.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or ,�therwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. § 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. § 10.5 PAYMENTS WITHHELD No deductions shall be made 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 Work other than those for which the Architect has been adjudged to be liable.', § 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and 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. AIA Document 8151 Tm — 1997. Copyright © 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 12 Purchasers are permitted to reproduce ten Ito) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: § 11.1 An Initial Payment of N/A t � WA ) shall be made upon execution of this Agreement and credited to the Owner's account at final Al .71Mi vial . ;. t1 BASIC COMPENSATION 111.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic S- 0,06s, Basic Compensation shall be computed as follows: (ln basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which *Ocular methods of cfensation apply, if necessary.) 4.1461s of n for Basic Services for the Fairview Park is a stipulated sly "of " E hty- fiNW_th * *d dollars ($8:5,000.00). B�doca� t . 000.00 § 1 U.2 Where compensation Wbased on a stipulated ruin or percentage of Construction Cost, progress payments for Basic Services in each ph:�ll total the following percentages of the total Basic Compensation payable: (Insert additional pha$ si tpprapriate.) Schematic Design: percent -( °- - - - -�- $ "43,400 Design Development Phase: pereent� --- -- -- '1,) 19,200 Construction Documents Phase: peree-mi ------ Xv)- 42,200 - Bidding,or,Negotiation Phase: pereem4 --=- -- --lo-)- 4,800 Construction Phase: pereow4- -----44- 14.400 Tom o Total Basic Compensation one hundred percent ( 100.00% ) § 1`1.3 COMPENSATION FOR ADDITIONAL SERVICES § 11.3.1 For Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be computed as follows: Principal's Time: $110/ho><rr Architect's Time $ 80/hour Engineer's Time: $ 95/hour CADD/Drafting: $ 50/houe Construt;tion Adtnin.: $ 80/010ur Other employees at a .rate of 2.75 times the direct 'hourly wage,_ AIA Document B151 Tm —1997. Copyright © 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 3 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyrightCOaia.org. § 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Section 3.2, and (2) services included in Article `12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: i fi (fie lis of compensation, including rates and multiples of Direct Personnel Expense far Principals and employees, ad i+ 3' Principals and classify employees, if required. Identify specific services to which particular methods of '�mupW` lion apply, if necessary.) as 11.3.1 above. § 11.3.3 for Adt t ltlal Se,,s �f'Consultants, including additional structural, mechanical and electrical eng n ring services and those prow er Section 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one and % 0 ( 1.2 ) times the amounts billed to the Architect for such services. (Identify specific Gypeibf coq ants in Article 12, if required.) - § 11.4 REIMBORSABLE,EES For Reimbursable ExpeA_$­ as described in Section 10.2, and any other items included'in Article 12 as Reimbursable Expenses, a multiple of one (1.0 ) times the expenses incurred by the Architect, the Arcbitect'&tmployees td-consultants directly related to the Project. §11.5 AQBITONAL PROVISIONS §-'11.5.1 if ft Basic Services covered by this Agreement have not been completed within twelve ( 12 } mcaittlis tsfjllate hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Sections 10.3.3 and 11.3.2. § 11.5,2 Payments are due and payable twenty ( 20 ) days from the date of the Architect's invoice. Amounts unpaid twenty —five ( 25 ) 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 interest agreed upon.) Six pement (60%). (Usury laws and requirements under the Federal Truth in bending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architects principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. AIA Document B151 Tm —1997. Copyright ©1974; 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 14 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyrightCa)aia.org. CAUTION: You should sign mn original AIA Contract Document, o"vjomo this text appears m RED. vm original assures that nxangeovvn|nmtbeubecumd- __-,.--_,-.----'-_--~,g-_'__-_-'__'_-_-n__'---_-~~.~._~ 15 or any portion of it, may result in severe civil n be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyrightCa)aia.org. I I I CORLEY REDFOOT ZACK GLENN D. CORLEY, AIA President, CEO KENNETH E. REDFOOT, AIA Vice President MARK ZACK, AIA Vice President MICHAEL L. HAMMERSLEY, PE Principal LAURENCE W. BUNCH, AIA Associate ANDREW R. CRUICKSHANK, AIA Associate CHARLENE E. HANLEY, AIA Associate DAVID M. TAYLOR, AIA Associate HARRY M. JENSEN Associate KENNETH E. SMITH Associate PO Box 2368 Chapel Hill, NC 27515 -2368 222 Cloister Court Chapel Hill, NC 27514-2212 I I� 1965.2005 (919) 401 -8586 Telephone (919) 493 -7306 Fax www.corleyredfootzack.com ARCHITECTS • ENGINEERS • PLANNERS October 25, 2007 David Cannell Orange County Purchasing Office County of Orange P. O. Box 8181 Hillsborough, NC 27278 RE: Fairview Park Fee Proposal Dear Mr. Cannell, I am enclosing for your review, a revised design fee proposal of $85,000 and a projected schedule for the above - referenced project. We look forward to another successful project with the Orange County Recreation and Parks Department. Please give me a call if you have any additional questions. Sincerely, ichael Principal ENCLOSU MLH/jh- Fairview Proposal Mr RE: Fairview Park October 25, 2007 Fee Proposal /Timeline TIMELINE: December 2007 — Schematic Design Submittal February 2008 — Design Development Submittal April 2008 — Construction Document Submittal July 2008 - Bid Opening August 2008 — Bid Approval by Board of County Commissioners September 2008 — Construction Contracts Review and Approval October 2008 — Begin Construction July 2009 — Complete Construction FEE PROPOSAL: Schematic Design - $ 4,400.00 Design Development - $ 19,200.00 Construction Documents - $ 38,800.00 Bidding - $ 4,800.00 Construction Administration- $ 14,400.00 Total $ 81,600.00 Town of Hillsborough Approval Process - $ 3,400.00 TOTAL $ 85,000.00 IM& CORLEY REDFOOT ZACK ORANGE COUNTY REQUEST FOR PROPOSAL # 5133 FAIRVIEW COMMUNITY PARK, HILLSBOROUGH, NC April 5, 2007 Orange County is requesting proposals from firms interested in providing services outlined in this request related to: • Site Plan Approval from the Town of Hillsborough, NC • Securing all subsequent permits, preparing necessary construction documents and providing construction administration for developing Fairview Community Park. Proposals must be received in the office of the Director of Purchasing and Central Services, 129 East King Street, PO Box 8181, Hillsborough, NC 27278 no later than 3 pm (D -EST), 04/25/2007. Fairview Park Background Orange County and the Town of Hillsborough own two adjacent tracts (67 acres total), which have long been identified as lands for a Fairview community park in northern Hillsborough. In addition, Orange County owns an adjacent 26 acres (3 adjoining tracts) that includes the County's Public Works facility. The property is located just outside the Hillsborough town limits, but within the Town's extraterritorial jurisdiction (ETJ). The park site is identified in both the County and Town comprehensive plans. In 2004, the County and Town agreed to work together to create a master plan for the entire 92 -acre site by adopting a Memorandum of Agreement along these lines, reflecting both the existing and planned uses on the Public Works site and potential future uses for a park. In October 2005, an appointed Fairview Public Campus Master Plan Committee began work to develop a proposed Master Plan. Over the next four months the Committee met on four occasions to create this report and plan. (See attached Master Plan) In 2001, Orange County voters approved a Parks and Open Space bond that earmarked $850,000 for this park. Scope of Work The successful firm will prepare appropriate permit applications for • Site Plan approval by the town of Hillsborough, NC • Prior to submission, the Orange County Staff shall review the application. The design team will work with the Orange County staff to define a reasonable scope, within the available funding, for the first phase of construction. Possible facilities are shown on the attached Master Plan. Recreational facilities include a Ball Field; Basketball Courts; Tennis Courts; Volleyball Court; Trails; Playground and a combination Picnic Shelter /Concession Stand /Rest Room Structure. In addition, all necessary infrastructure to construct the park facilities including (but not limited to); water, sewer, roadways, parking areas and the lighting of all facilities. Upon issuance of Site Plan approval the design team will secure all additional permits, prepare detailed construction drawings, prepare bid documents, analyze bids received and submit a Page 1 of 5 recommendation for award for consideration by the Orange County staff, the Board of Orange County Commissioners and the Hillsborough Town Council. Timeline The successful respondent will be expected to begin work within two weeks of contract approval by the County Commissioners, tentatively set for 06/12/2007. The successful respondent will consult with the County Project Manager and publish a project timeline with critical milestones identified prior to commencement of work. The anticipated timeline for approvals by the regulatory agencies are as follows: • Town of Hillsborough - three to six months from date of submittal Design Team Orange County intends to award a single design contract for the project. Firms may, however, choose to partner with other firms to provide the required expertise. The team must be led by a registered Civil Engineer and/or Landscape Architect with experience in Park design and must include firms and /or individuals with the following skills: • Registered engineers specializing in all necessary specialties required for the project. • Demonstrated familiarity with the processes required to secure needed permits and approvals from all authorities with oversight control, including, but not limited to DENR, NCDOT, Piedmont Power, Orange County. • Demonstrated ability to successfully design athletic field playing surfaces; and • Construction administration and oversight. Proposal Submittal Information All respondents are requested to provide the information cited below, as well as any supplemental information that you feel provides a comprehensive view of your firm, the proposed design team and your approach to this project. However, information should be presented in a clear and concise manner. Information About Your Firm • General overview of the firm and its experience relative to this project • Current projects of the firm; • Specifically note projects currently being undertaken by members of the proposed design team; • Address the firm's workload and how this project would fit within your existing work. • References from five similar projects completed within the past five years. o Provide names and contact numbers for owner's representatives of each. • Complete list of subcontractors you would use and their anticipated role in this project. Information About the Proposed Design Team • List your proposed design team and, at a minimum, the following information for each: • Their role on the design team for this project; • Qualifications; • Education; Page 2 of 5 Future Community 19 Center Location (Not in Contract) EOucatbn New Playground - (Not In Contract) Existing Parking Area . EAsting Police Station Ball 2 Basketball Typ. Trails - 3 Tennis Courts 1 volleyball Court A 0 100 200 300 C. Area I Area to be Reserved for Future Use Hilsboro� Pubic Works LSiteJ `- Playground Picnic Shatter / Conoesion Stand! Rest Rm. Location Fairview Park Adopted Master Plan 12/11/2006 Q/ Grange County EmAronment d Resource Cone atlon Dsparbnent m a Grange County EmAronment d Resource Cone atlon Dsparbnent