HomeMy WebLinkAboutAgenda - 04-07-1998 - 9dORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. A-t~
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 7, 1998
SUBJECT: Contract Approval; Professional Services Efland-Cheeks Community School
Park; Document Preparation/Bidding/Construction Phase
DEPARTMENT: PURCHASING AND Public Hearing: Yes: No:
CENTRAL SERVICES Budget Amendment Reqd? Yes No
ATTACHMENT(S): INFORMATION CONTACT:
Draft agreement Bob Jones, ext. 2661
Pam Jones, ext. 2652
Telephone Number-
Hillsborough 732-8181
Chapel Hill 967-9251
Mebane 227-2031
Durham 688-7331
PURPOSE: To consider an agreement with Woolpert, LLP for professional services
associated with the Efland-Cheeks Community School Park.
BACKGROUND: In November, 1997, the County solicited Requests for Proposal for
professional services necessary for development of the Efland-Cheeks Community
School Park. The Request fvr Proposal included the following components:
- Master planning the 27.5 acre park site (Approved by BOCC 2/3/97 at a cost of
$22, 055);
- Design development of Phase I construction, based on a budget figure cited by the
County;
- Construction document preparation;
- Assist with bidding as may be necessary; and
- Construction administration..
Following interviews with prospective consultants, the Efland Cheeks Community School
Park Task Force and the County staff recommended the firm of Woolpert LLP,
Charlotte, NC.
As referenced above,.. the first phase of work included a site analysis and the
development of a master plan for the referenced project. The Board approved a
contract for this phase in February, 1997. The results of the site analysis and master
plan were presented to the Board on June 3, 1997.
The second phase of work included in the original Request for Proposal is the
preparation of construction documents, bidding and construction administration of the
project.
2
Highlights of the anticipated schedule, as cited in 5.2 of the attached agreement is as
follows:
Notice to proceed
Design Development
Owner Review/Comment
Construction Documents completed
for final review
Final Owner review
Final corrections completed
Plans ready for bidding
Construction Period
April 7, 1998
April 14 --May 18, 1998
week of May 19
by July 27, 1998
begins July 28, 1998
by August 21, 1998
September 21, 1998
November, 1998 -April, 1999
According to guidelines published by the National Park Service and circulated to local
Recreation and Park Department, anticipated fees range from 7%-15% for this work.
Woolpert LLP has proposed a lump sum fee of $57,520, which represents
approximately 8.85% of the $650,000 construction estimate. Including the master plan
($22,050), the total design fees equal approximately 12%.
Fees are split into seven specific areas. A summary of the associated hours for each is
listed below:
Schematic Design 24 hours
Design Development 109 hours
Construction Document prep 449 hours
Bidding 48 hours
Construction observation 144 hours
Review meetings 22 hours
Project Administration 14 hours
Total 808 hours
A complete itemization of the associated tasks is attached.
This project is funded by the proceeds of the 1997 bond issue.
RECOMMENDATION: The Manager recommends that the Board approve the
agreement with Woolpert, LLP for construction document preparation, bidding and
construction administration, in an amount not to exceed $57,520; and authorize the
Chair to sign on behalf of the Board, contingent upon Attorney and Staff review.
3
WOULPERT I.LP
Professional Service Agreement
PART' 1. Gi:NERAi,
DpGI~~
T11iS AGRF,I:MENT, including attachments as hercitraRer Hotel], made anti entered inq)
19 , by atxi between WOOLPERT LLP, whose aJJresa is 8731 RcJ Uak i)oulcvarJ, Charlotte, North
Canrlitta, 28217-3958 hcrcitraflcr referred to as WOO[.Pi:RT arxl the Ctictrt identified Ircrcin, provides fur the
Professiotrat Services JescrihcJ under Part 3 of this Agreement.
Client: Uranec Cou Phone Nn.: 919/563-11301
AddnKS: f .U. 13ux 8181 Contact Person:I3ab ]ones. Rec)sation Director
City/titatc/7,ip C+xk: ilillsburoueh_ North Carolina 27278
1'rujcct Ntnnlx:r:
Sh++rt 'Title:-J,;Q,•~++t-Checks Sch~w+l Park 1'hacc-I Curutructiun Ikxunn:nts , or flee "Project"
I'AR'1' 2. (;1~.N1?RA1,1)t:S('Ittl''i'1()N ()F PRt)JIsCI' Si'TF.:
'17n propos~•tl project is located trdwcen flee iiliatxl•Cheeks iilenrentary Sclnnrl atxl Riclnnorxl RuaJ. The site
is appnr~inratcly 27,5 Acres. _
1'AI2'I' J. UF„ti('RiP'TiON OF PRUFi?SSIUNAt, SI:RVI(:FS hr Ix: pnrvidcJ by WUOl.l'iiRl' arc identified in
Auachnrcm A of Ibis Agrccnrrnt.
f'AI2~1' 4. '1'11F: ('Ut1tl'1?NSA'i'fUN 'i'U 1Sr 1'A1l1 WUt)LPi~.R'l' fire pruvidinK tlr+: rrgrrestcd Services shall Ix as
fullness and are more fatly identified iu Attaclunent H of this Akrcrn><ot.
1(_ A LungrSum charge fnr Park Master Plan of 557,52Q.(!n inclutlinR labor and reimbursables;
_~, l4rit i'ost/'i'inre ('1tarRes, plus reimbursable costs for construclirnt adminis(ration; or
_ Othee
NAlf1' S. '1'I;R~IS ANU C:ONI>I'1'lUNS
S.l iM'i'F, OF CUM1iM1IF,+~I(.:Eib1F.lY'f ANi) hURATiON: lire Date of C+rnurrcrrecn><m of this Agrccnrcnt shall he the elate last
:+ppcarinl; an Urc siga~urre page. 'This Agrccnrcnt slwll remain in effect until lutte 3U. 1999 unlcsc trntrnratcd as provided
IK•rcin, ur cctcrr+led !~y nunual agrccrnent in writing.
S,2 11~ WUULPFR'i''S SA:RViCi:C 11Ni)I:R 't'ilts AGRi~.fM1li:N'T ARIs Utsi,AYF,1) Cur rcastrtre IxyunJ WUO1.PfiR'f'S
cnntrul, II-c completion date spct:ifietl ire 1'att S.I of this Agreement shall he nuxlifird accnrJingiy anJ the fees shall Ire
rcucgwtiatcd for any unfinished services as of the effecaivc date of each change.
1'.CA leave t..~,r,r ~arrutrtr.L~.
T
S.1 1NVUI(:F, PRUCEI)()RFS ANT) PAYMF,N't'; WpOLPBR7 clmll suhnlit invaiccs to the Client fix Services acctxlttdlshed during each calendar
numtfl, for services prrivid nil a Lump Sum Msis, the amount of each mlmthly invoice shall be determined nn the 'petcetnage bt campletlalt
nretlNNl' wheFehy WUOt.PF.RT will estivate the percetN.ige of the total SrnKCS (prmicled on a Lutnp Sum lmis) accexnplished duritt~ the Irrvnicing
+ pcrad. Mlarddy invrices dlall iriclulk, sc)Nlrately lietell, arty elargcs far Serv'KCS fix which time elargcs anllfar unit cents shall apply. Such invoices
-shall Ile nduuiucd hY ~VUUI.FL•RT as slNm as ptnsihle attcr the end nt the nNNNh in which dle Services were acclNnplishcd an11 shall be due arNl
payable by the CI'ICIN uplm receipt.
lllc (:IicIN, as Ilwncr Ix auttnxi~cd agclq Gx the IIwtIM, IKrchy agrees that paynKlN will he made fix saki Scrvkcs whhin thirty (Jt)) Jays fnxn the
rhtr of Ule inwriee: aril, in tkfaldt of such paynletN, herelly agrees In pay all clots of rn{kcthnl, including rcasmahle atkxncy's fees, reganpeas of
whether legal acthm is initiated. The (:1'xYN hereby acknowledges that. unpaid invoices shall accrue imercst at lR percent per anlwm after they lour
been austalNl(Ilg fix IriM thirty (Jt)) tklys. If an invaice rcnuiM ulgaill sixty (60) Jays after the date of the invrrice, WOOI,I'F,RT nlay, IgNm giving
level (7) clays written aNke t+f its irMtlM 1n do sn, arsprnd all Services an the ClictN's praject. This sllsperlshm shall remain in clfect omit all unpaid
invlia:es arc pair) in full. )fan invoice renailn unpaid nilxty (90) clays alter the Jate of the invoice. W(K][,1'E•R7 may, uptm giving seven (~) days
wrinen rxxicc of hs i1NCtN to thl ul, tctmiltate this AgrcernelN and pursue itt rcnletlics fix rnlle:tinn.
SA F::(1'tiR'r WrrNF.~S SF.RVi(:F.S: It is ulNlcrstand and agrcel tlat WOOI.I'GR'r'S services urltkr this Agrccnxm do rN+t i1KhNlc partkipatitm,
wlutclxvM, 111 ally luigatitm, SlxNlkl NKII sevkts he tetpllrel, a Pn/fcssitllal Services AgrccnleM Adtkrahlm tray he rtcglNiatnl between the Client
alxl W(X)t.f'GR'r Iksrrihiug Ills services dcsirctl arNl prlwitlirlg a basis fix ctNllpcusatitm to WU()LP@RT.
S.s t't),S'r fcr1Q/A'I'FS; ('Iknt hereby al:klalwletlges that WOO).PF.RT caaNN warrant Ilal estimates of pnlhahle crnwrwtnnt Ix I+pCtatillf cllsts
plnvitkd by W(X)LpfsRT will INN vary frau actual ctw.c incurred hY the ClicrN.
~.fi LIPiI'r OF LIARILI'rY: Thr limit n( liahiluy of WOULPfR'r w the t'YM1N fix arty cmise Ix clxnbilatilm of causes rewlting frtNn the Scrrices
IN•ItY11Nlt1 reNltlrtl, shall IN', ill xNal anNNUx, linlnnl Ia dlc fees I+aitl IxNlcr This Agrccnlcru.
S.7 ('t)NtirRlt("r11)N SF:RVI('Fti: If, ulNkr this AgrcenKlN, profescitNal servitss ale pravakYi during the crN4strlKtion p141ee of the project,
1~'(H)1.1'IitCr slug INN I+c rcq+INnil+le fin nr 14vve clNNnll mcr nlcal4s, nletlads, Iechnilplcs, seplcnccs, Ix prncelares; tx firc safety ptccautitms aref
p1~N;l:xtn 111 CIaaNY't11N1 Wil{I Ills WINk. Nlx {14Y11 W(N)I.TrRT Ile fet1N1114dtk (/lf tIK t'(HNIaC11N t falltrre Ut Carry INII IIIC WINIr III aCCINIIarKe will)
Illy 1'INNtacl I)IxllllN•Mt IN ftx ('INNIaI'hx's fa1111R (tl CINn(lly Wldl a(Iplical+IC laws, INthxnnl'C\, rlllcs /N rCgxlalhNK. IIINICf INl CIICIIIIISta1KC~ well
1VtN11.1'IiR'T' hart arty tl11CC1 CINNraI'llal MIa1NN4~hlp wllh the Ct11NraClrx, ally sld+cornractnrs Ix natcrial aptplicrs.
S.A IN511RANt'R: 1Y(NILPIiR'r s14Y11 a1 all tixtcs catty, INI all IltleraluNts IN:rcuakr, wrnkcr's clNlq,exsati+m innualxc, pld+lic 1'uhilily a1N1 pn+pcrty
111'~IIra1N:C, alNl a1111NINNIVC p11hIK 14lhillly a1N1 pfllpclly dalmgC 11-sUfa1KC.
5.9 ,t,ti.~'IGNt-iF'NI': Nridlrr tlK• ('Title ran WUUI,I'RR'r will assign Ix traltcfrr its huelest in this AgretnlclN witlNNn tilt ariutn ctulsem nt the INller.
WtHll.l'IiRT, IN+wcrcY. Ihlrs reserve Ule right to suhermlract any plxlitnl of tlu Services.
5.10 S1~SI'F,N.SitNV,'I'ERI111NAT1(NV, CANCF.I,I,AT1(NV UR AItANiNNVPIF:IV7': Tn tlx evem the iRoject JeserilN.Y1 ix Attaclultent A. nr tlx Services
of WtlUl.t'[iRT called Gx ulxler this Agreena:nl, islare wspendctl, cancelcrl, tcnnil4~tcd, tx abarxllNNY1 by the Clkm, W(N)I.pIsRT shat( be Iticcn
scrtn t7) days prilx wrinen rNllicc of slKh aClhm arNl shnll I+C clnnprncltsatcd fix tllc Services pmvillel up In tIN' dolt of susptYlsion, ICrr111r4'llxNl,
ralKClla111~n, IN :d+a1NI1NNlµlN IIKIINI111K fC1I111NIt.Whlt CJlpetltCt In aCClNdanCC wllll Ilue prlriltNNLt pf 1111( AgfeCIllCtN.
S.I 1 EfV'1INEfY <)F At:RF.FPIFNI':'lhis ARrrrlntrN enllNlllks the tlNhc AgrcrnlclN a1N11uaktstalNlil>R INaw1YYl the )sinks, Ilxi/ succcsson arNl asslgln
IN•lron, alrl ItN•IC are cal ININ•1 aKrcrxltrNS aal mrkrualNlilgts, INaI Ix wrinen, wish IcftlclN•c to ttlC sld+jtct nutter Ilcrcol tlat arc la+t merged httcin
a/al alpcra/lttl hclcby. IW+aher:Nnal, challgc tx IlxxlifKatilm of dle terrree xf this Agrcenlcnl shall tle valid uldess lamlt in writing a1Nl xiRINYI I+y MNh
panics IItIMrI Tllis ARlttxN'rN dull IN• R/wr11aY1 by Ilk laws I+f TIM SIa1c 11(()11al ulllrss q,ctilita8y crahYt tNllrrwia hl AttaelNlK rN R. 'this Aprctrlltnt
irN hxks This dl+cnmelN alNl:
A'1'rA('11A1t:Nl' A • Sc/lpc of Strvkrs
IN 1Y1'1'NI?tiS Wllhltl;O1'', Ibis AKrt:rntcut which is suhjcta It/ the lcrnts atnl cotxlitirnts of l'arls ! thttntgh 5: pekes t and 2, ant)
AttathnN•nte is arct•pll•d nu tllc later dale wrinen I>tluw.
('1,11?N'1': WUUI,P
Rt(:Ni~,l): SiGNI:I): ~
'1'YI'P:U NAl1l1?: TYPI?I) NAM1;: Kcl)ntal) L. t3ulhxk_ ASLA
'1~1~1•1,1',: 1'I'1'l.l''.: Li~11blII1t: IlatittCt
1)A'1'i~.: UA'I'li:~ I9. 1998
II UHrlll II~~PpnlYtiA11n1lANri1,IP11AG~LAr71
nccFrrrn
5
ATTACIIIVICNT A
AGREEMENT FUR CONSULTING SERVICCS
a' OR CONSTRUCTION DOCUMh:NT PREPARATION,
I31f)i)ING ASSISTANCE, AND CONSTRUCTION ADIViINISTRATIUN
OF TILE
EFLAND-CHEEKS SCiI00L PARK SITE
BETtiVI;EN TIIE COUNTY OF ORANGE, NORTII CAROLINA
AND
WOOLPERT LLP
't"his ACRI;F,Nih;N'C is made ana entered into this day of , 1998, by
and between the County of Orange, North Carolina, hereinafter called "Owner" and Woolpert LLP
hcrcinafter referred to as "Consultant" for the following project(s):
t'ItASt;-t (:UNS'1'RiJ(:'1'IUN 1)OCtJiv1F,N'T PR1:I'ARA'i'1UN
fIfU1)iNG ASSISTANCN;
CUNSTRIJCTION AI)MINISTRATIUN
W 1'1'N CSSf3Ti I:
WIIf.iRE:AS, the Owner desires to engage the Consultant to furnish planning, landscape architecnrral,
architectural and engineering services for the project tasks as identified in this scope of work. This
contract includes the portion of the project which includes the constnrction document preparation,
bidding aegistat>ce, and construction administration up to arui including the scope of wvrk that can he
accontplished under the Phase-f available. funding.
WI [fiREAS, the Consultant has exhibited evidence of experience, ability, competence. and reputation
U1 pCffgrnt S1tClt SerVICC3.
Wi Ii:REAS, the Owner has authorized to enter into an agreemcrrt for performance of such services.
Nnw, TfIfiR(I:ORF, the Owner and die Consultant far consideration hcrcinafter stipulated, mutually
aKree that the Consultant shall perfonir and carry out in a satisfactory manner all the necessary services
provided under this contract, as determined by the Owner.
SCOPE OF SF,RVICFS
The Consultant's basic services include then preparation of the following three different tasks of work:
'Task-[
f3ascd upon the approved master plan and Phase-l design option, the Consultant will complete
construction documents utilizing the available funds designated for Phase f which have been
allocated for this project. The preparation of the plans and specifications will be complete and
ready frrr hid.
f~
7':tsk-Ii
'I'lie Please-I Portion of the project will he bid and consinrcted. Tltc Consultant will provide
Bidding assistance and periodic construction administration throughout the ducation of the first
phase of the project, under this contract.
'i'bis work will be performed as described in Paragraphs 1.1 through 2.3.12. In addition Section iV
identifies the services associated with Additional Services, Section V identifies the Schedule and Section
Vii identifies the Pee for the project.
Pf1ASh-I CONSTRUCTION DUCU1vIENTS,
2. I Schcnratic i)csign T'hasc
2.1.1 The Consultant shall review with the Owner the improvement programs and budgets set
for the proposed Phase-I portion of the project.
2.1.2 Upon a thorough review of the master plan information, the Owner shall provide to the
Car>.eultant a written statement of any comments and possible design requirements and
or changes to be made by the Consultant to the Phase-i construction document design
package.
2.1.3 Urange County shall provide tfie Consultant with the appropriate site trapping
consisting of topography at a 2 foot contour, property tmundary information, arc! site
utilities. This mapping shall be prepared using acomputer-aided design and drafting
(CAUL)) system. 'I'bis mapping shall be use in the preparation of the computer-
gcncrated Construction Documents.
2.2 1)csign i)evelopntent Phase
2.2.1 ilascd on the previously approved planning docuutcnts, the Consultant shall prepare,
for approval by the Uwner, the design development documents consisting of drawings,
outline specifications, and other documents to fix and describe the size and character of
the proposed improvements. The Phase-[ plaits will be drawn at I"=50'-0", or other
appropriate scale, and will show the final layout of all facilities including the gettcral
layout plan, preliminary grading, Utilities, alld landsCapC dCSlgrl.
2.2.2 'i'he Consultant will prepare an updated Opinion of Probable Construction Cost
associated with the proposed improvements. These deliverables will be based on mare
detailed information provided by the design development documents and on current unit
costs for the area.
2.2.3 At intervals appropriate to the progress of the design development phase, the
Consultant will schedule meetings with the Owner ro review the documents and visit
the site to field check the design. Four sets of docutncnts will be provided to the Owner
by the Consultant prior to each meeting.
2.2.d Upon completion of each review session, the Owner shall provide to the Consultant a
written statcurent of their comments and possible revisiots to he made by the
Consultant.
2.2.5 'flre Consultant will address all the review comments of the Owner and make the
necessary revisions to the design development documents. The Consultant shall submit
-2-
7
four sets of the design development documents to the Owtter for final review and
comment.
2.2.G 3'lie Consultant shall receive written conditional approval from the Owner for the
design development documents prior to beginning the construction documents phase..
2.3 Construction Documents Phase
2.3.1 Based on the approved design development documents authorized by the Owner, the
Consultant shall prepare, for approval by the Owner, construction documents consisting
of drawings and specifications setting forth in detail the requirements for the
construction of Phase-i of the project.
2.3.2 1'he construction plans base sheets will be drawn at 1"=50'-t)" or other appropriate
scale. The documents may include final layout, grading, erosion control plan, utilities,
specialty areas, landscape plate, in addition to construction design details or other
eletttents as may be appropriate based upon the scope of services.
2.3.3 17te floor plans for any structures included in the Phase-l portion of the project
Construction Document Phase will be drawn at 1/4" = 1' or other appropriate scale
atxf will inclttcle final foundation, floor, roof and framing plans in addition to elevation,
sectiatte, cattstructian design details, nr other elements as ntay be appropriate for the
construction of the buildings.
2.3.4 The Consultant shall prepare the specifications setting forth in detail the requirements
for the construction of each project. The specifications shall include the necessary
bidding information, bidding forms, bonding information, add alternates, contract and
maintenance bond, and the conditions of the contract as required by the Owner.
2.3.5 The Consultant shall be diligent in appraising Ititnself of all local, state, and federal
axles which may pertain to this project. The Cottsuttant shall file the required
dcx:untents far the approval of governnuntal authorities having jurisdiction over the
project. if required, the Consultant will submit the appropriate documents to the North
Carolina State Construction office and The North Carolina Department of Insurance.
/1ny necessary fees .shall be paid by the Owner.
2.3.t'i The Consultant shall be responsible for developing plans and specifications for
appropriate water service, sanitary sewage service and electrical service. The plans
shall be submitted to the Owner fot approval. The Consultant shall also be responsible
far designing erasion control, storm drainage, detention (if required), retention, and
ntltcr plans necessary for intplcntcntation of tltc clcntents defined in this contract.
2.a.7 The Consultant shall keep the Owner informed of any changes in requirements ar in
canstrtsctian rnatcrials, systcnts or eyuipmestt as the drawings and specifications arc
being developed.
2.3.R "l~hc Consultant shall prepare quantity take-off of items and shall advise the Owner of
any acljusmrcnts to previous Opinions ~f Probable Construction Costs indicated by
changes in rcyuircmcnts or general market couditions.
'l. ~.y 'i~lre t'unsultant has no control over the cost of labor, materials, equipment or services
furnished by others, or wer the contractor(s)' methods of determining prices, or over
competitive bidding, or market cocxlitians. 1'he Consultant's Opinions of Probable
t'«nstruction Cost provided are to be made art tltc basis of his experience anc?
cfualilic;ttfatta anti rcftrescnt his belt ~utfgutcnt ;ts an cxpcricnrcd and qualifictl
_3.
professional familiar with the construction industry; but the Cotuultant cannot and does
not guarantee that proposals, bids, or actual project construction cost will not vary from
Opinions of Probable Cost prepared by him. if prior to tl~e bidding phase the Owner
wish greater assurance as tv construction cost, the Owner shall employ an independent
cyst estimator.
3.1U At intervals appropriate to t}ie progress of the construction document phase, the
Consultant will schedule meetings with the Owner to review tl~e documents. A
preliminary and final submittal of two sets of the construction documents wilt be
provided by the Consultant prior tv meeting.
3. t 1 Upon completion of each review session, the Owner shall provide to the Consultant a
written statement of their comments along with aced-lined set of drawings and
specifications.
3.12 The Consultant will address all the review comments of the Owner until they are in
satisfactory agreement with the construction documents.
K~
(:UN51'RUC;"I'lUN 13IUlliNG .~ AUi-•[INISZ'RA1'lUN
doling I'hasc
1. t The Consultant, following the Owner's approval of the construction documents and the
e latest Opinion of Construction Cost, shall assist the Owner in obtaining bids and in
~f the awarding and preparing the Construction Contracts for the park complex.
1.2 1'he Consultant shall provide for alternates in the bidding of this phase of work. The
truction alternates shall be in association with the base bid. This information shall be part of the
and sheci(icatiotr package anct will be provided to the contractor with the construction
clots' document package. •
rltant
1.3 1'l~c Consultant shall he responsible for reproductions of drawings and specificatioru to
ons he distributed to contractors during the bidding phase of the project.
1.4 '1'hc Consultant will be available during the bidding period to interpret or provide
ect clarificaticm of the drawings and specifications to the bidders. Clarifications will he
he documented in writing with copies sent to the bidder and to the Owner.
1.5 The Consultant shall assist the Owner in conducting apre-hid meeting with the bidders
to clarify the requirements for this project.
m by
:ite and I.G '1'hc Consultant shall attend the bid opening on behalf of the Owner and will review all
_d to the bids received.
I belief,
1.7 't'he Consultant wilt review each bid in terms of the proposal, proposal price sheets. bid
.al guaranty bond, experience statement, and affidavits and will niake a written
er the recommendation tv Award of Contract for each prime bid to the Owner.
~ Ic prig
for nrstructicm Administration ('base
j. 2. I "1'he Ccrostntctic~n Administration Phase will commence with the Award of Construction
:cntation ('un~racty and will Icrntinalc after the final Certificate fur 1'aynunt is approved by the
-4-
Owner.
3.2.2 The Consultant, as the representative of the Owner during the construction phase, shalt
advise and consult with the Owner and issue the owner's instructions to the contractor;
the Cotuultant shall have the authority to act on behalf of the Owner to the extent
authorized by the Owner. The Consultant shall, at all times, have access to the work
wlienever it is in preparation or progress. It is understood that the Consultant will have
a representative in the field during construction at periodic times.
3.2.3 The Consultant shall issue separate appropriate letters of Notice to Proceed to each
prime contractor, which shall fix and deE'initely establish the beginrtirtg date of Time of
1'ertorntance for each prime contract, and the required completion date. Copies of each
such letter issued by the Consultant shall be furnished to the Owner.
3.2.4 Ttte Consultant shall arrange for, give written notice to all appropriate parties as to
time artd place, and conduct apre-construction conference for each separate contract on
an agenda approved by the Owner.
3.2.5 7~te Consultant shall evaluate and approve the prime contractor's work schedule. The
Consultant shall establish and conduct a schedule of meetings as work progresses with
the prime contractor's representatives and representatives of the Owner. Such meetings
will be coordittatcd with scheduled site visits aril will be maintained tltrougltottt the
entire constnrction period and shall be for the primary purpose of assessing the
progress of the work and taking such remedial actions ac are necessary to assure the
required progress and completion within the contract time. The Consultant shall submit
to the Uwncr a full report of e;tclr ntccting.
3.2.C 'The Consultant shall require all sub-consultant's participating in the design of the
project to provide liaison and observation services with respect to their portion of the
design.
3.2.7 'i'he Consultant shall not be responsible for, nor have control or charge of, construction
means, ntethcxls, techniques, sequencev or procedures, or for safety precautions and
programs in connection with the project, and shall not be responsible far contractors'
failure tv carry out work iri accordance with the cornract documents. The Consultant
shall not be responsible for, nor have control over, the acts or omissions of the
contractors, subcutttractnrs, any of their agents or employees, or any other persons
p~:rforming any work.
3.2.R based on the Consultant's observations at the site, and an evaluation of the Project
Al)plicatian for 1'aynunt, dtc Consultant shall detcnnine the amounts owing to the
contractors a~)cl shall issue a Project Certificate for Payment in such amounts, as
Irrovidcd in the contract documents.
3.2.9 'i'he issuat)ce of a Project Certificate far Payn)ent shall crntstitute a rcl)rescntation by
the Consultant to the owner that, based on the Consultant's observations at the site and
on the data comprising Ehe Project Application for Payment, work has progressed to the
point indicaictl; that, to the best of the Consultant's knowledge, informatic)n and belief,
the quality of work is in accordance with the contract documents subject tv an
evaluation of work for conformance with the contract documents upon substantial
completion, to the results of any subsequent tests required by or performed under the
contract docun)cnts, to minor deviations from the contract doctrmcnts corrcctahlc prior
to comt)lctic)tt, and to any specific qualifications statcJ in the Project Certificate for
Payntcrtt; and that the contractors arc entitled to payment in the amount certified.
I luwcvcr, tltc issuance of a I'rc)~cct Ccrtlficatc fur I'ayutcnt shall not be a rcprescntation
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that the Consultant has made any examination to ascertain how or for what purpose the
contractors have used the monies paid on account of the contract sums.
3.2.10 Tlie Consultant shall be interpreter of the requirements of the contract documents and
the judge of ttre performance thereunder by both the Owner and the contractors. The
Consultant shall render interpretations necessary for the proper execution of progress of
work, with reasonable promptness and in accordance with agreed upon time limits. The
Consultant shall render written decisions, within a reasonable time, on all claims,
disputes, and other matters in question between the Owner and the contractors relating
to the execution or progress of work or the interpretation of the contract documents.
3.2.11 All interpretations and decisions of the Consultant shall be consistent with the intent of,
acrd reasonably inferable from, the contract documents, and shall be in writing or in
graphic form. In the capacity of interpreter and judge, the Consultant shall endeavor to
secure faithful performance by both the Owner and the contractors, stroll not show
partiality, aril shall not be liable for the result of any interpretation or decision
rendered in goad faith in such capacity.
3.2.12 "i'ire Consultant's decision in matters relating to artistic effect stroll be final if consistent
with the intent of the contract documents. The Consultant's decisions on any other
claims, disputes or other matters, including those in question between the Owner and
the contractor(s) shall be subject to arbitration.
3.2.13 'flee (:onsultant shall have authority to reject work which does not conform to the
contract documents, and whenever, in the correultant's opinion, it is necessary ar
advisable for the implenrcntation of the intent of the contract docurncnts, the Consultant
shall have authority to require special inspection or testing of work in accordance with
the provisions of the contract documents, whether or not such work be then fabricated.
installed or completed; but the Consultant shall take such action only after consultation
with the Owner.
3.2.14 "Ilre Consultant shall receive contractors' submittals such as shop drawings, product
data, and samples and shall review and approve or take other appropriate action upon
them, but only for conformance with the design concept for the project and with the
information given in the contract documents. Such action shall be taken with reasonable
hromlrtness so as to cause nn delay. The Consultant's approval of a specific item shall
not indicate approval of an assembly of which the item is a component.
3.2. I S The Consultant shall prepare, review and sign, or take other appropriate action on
change orders for the owner's authorization in accordance with the contract cioctnnents.
3.2.1< The Consultant shalt. have authority to order minor changes in work not involving an
adjustment in a contract sum or an extension of a contract time and which arc not
inconsistent with the intent of the contract documents. Such changes shall be affected
try written order issued through the Con.ultant.
3.2. l7 'l~he Consultant shall conduct inspections to determine the Uates of Substantial
Completion and rinal Completion and shall issue appropriate Project Certificates for
1'ayrnerrt. 7'ltese inspections will he completed during site visits. Substantial conrpletiorr
is work that is sufficiently complete, in accordance with the contract documents, so that
the work can !re utilized for the purposes for which it is intended.
3.2.IR 't'lre ('crrrsrrltarrt shall receive and forward to the Owner for their review, written
warranties, certificates of occupancy artd related dcxurnettts assembled by the
contractors.
-G-
~~
3.2.19 The extent of the duties, 'responsibilities, and limitations of authority of the Consultant
as a rcpresetttative of the owner during construction shalt be modified vt extended
without the written consent of the Owner and the Consultant, which consent shall not
be unreasonably withheld.
3.2.20 'ihe Cotteultant shall schedule and conduct a final inspection of the project,
coordinaeing the date for such inspection with the prime contractor and Owner.
3.2.2 t The Consultant's and contractor's personnel shall conduct an on-site run-through of the
operations and maintenance of the completed project with the appropriate Owner's
personnel.
3.2.22 The Consultant shall provide a set of reproducible record drawings on Mylar and in a
CAD Format, showing only significant changes in the work made during the
construction process based on marked-up prints, drawings, and other data furnished by
the contractor and the Owner`s representative in the field.
III. - A}11UI'I IUNAj,..$1EIiY.[
4.1 't'lte following services are not included in services as outlined in Section I-III. They shall be
provictcd if autharizcd or confirmed in writing by the Owttcr, and they shall he paid far by the
Owner as providccl ut this Agreement and/or as agreed between the Uwner and the Cotuultant.
4.1.1 Providing services resulting from signiCcattt changes in the extent of the project as
defined in this agreement.
4.1.2 Providing services resulting from preparing additional separate sets of construction
dc~cumcnts other than stated in the Agrccntcnt.
4. I.3 l'rcrviding services to investigate existing condi ions ear facilities, or to make measured
drawings thereof, or to verify the accuracy of drawings or other information furnished
by the Owner.
4.1.4 Providing services in connection with alternative design for cast estimating or bidding
purposes.
4.1.5 Nicking revisic~tts in drawings, specifications, or ether documicnts when such revisions
arc inconsistent with written approvals or ittstntctiotts previously given, or are required
by the ernctmcnt or revisions of codes, laws, or regulations subsequent to the
preparation of such documents, or are due to other causes not solely within the control
of the Consultant.
4. ! .G Preparing drawings, specifications, and supporting data and providing other services in
connection with change orders.
4.1.7 Providing corrsultativn concerning replacement or any work damaged by fire or other
cause during cnnstncction, and furnishing services as many be required in connection
with the replacement of such work.
A. I .R f'rnviding services made necessary by the failure of performance; by default of a
contractor; by major defects or deficiencies in the work of any contractor; or by failure
of petfnrtnattce cif either the (honer or any contractor unclrr the contracts for
rcurstntctinn.
4. I .d t'raviding extensive assistance in the utilization of any equipment or system such as
-7-
t'p~,
initial start-up or testing, adjusting and balancing, preparation of operation and
maintenance manuals, training personnel for operation and maintenance and
cottsuitation during operation.
4.1. tU Providing services after approval by the Owner of the final project certificate for
payment, or in the absence of a final project certificate for payment, more than b0 days
after tltc date of substantial completion of the project.
. " 4.1.11 Preparing to service or serving as a witness in connection with any public hearing,
arbitration proceeding or legal proceeding.
4.1.12 Providing rendered drawing or models of the park project.
4.1.13 Providing any additional printing or reproduction of drawings and specifications not
already stipulated in Section I & II.
4.1.14 Providing additional services resulting from re-bidding of the project.
4.1.15 Providing any other services not otherwise included in this Agreement or not
customarily firrrtislted in accordance with generally accepted architectural/engineering
practice.
4.1.16 Providing any aerial mapping or property /topography survey information.
t V. - SC~1~U~JLT
5.1 The Consultant sltail perform the services as outlined in this proposal as expeditiously as is
consistent with professional skill and care and the orderly progress of the project. Reasonable
extensions of time for trttforescert or unavoidable delays may be made by mutual consent of cite
parties involved. In the event of excessive delays of the Consultant's work, at no fault of his
vwn, which may result into increased cost to the Consultant, the Consultant's fee may be re-
negotiated. The re-negotiated fee would be determined by mutual agreement between the
Uwner and the Consultant. For the purpose of this Agreement, the following schedule is
projected, beginning wide the date that the Consultant receives written notice to .proceed from
the Owner to providing plans and specification ready for bid. In addition, dates have been
determined for each phase of cite project for which fife Consultant's fees sitaii be valid without
need of rc-ttcgotiatiort dtte to unforeseen time delays.
5.2 Document Preparation Schedule
T~.S~I
• Notice to Proceed .................................. March 24, 1998
• Start-up Meeting with O~~tter .......................... March 3U, 1998
• CU Schematic/Design Development Pltase ........ March 31, 1998 -May 4, 1998
• Uwrter Review, Contntertts ............................ May 5-t2, 1998
• Construction i)octrntent Pltase-I ................ May 13, 1998 -July 13, 1998
• Uwitcr ttcvicw ....................................July 14-21, 1998
-R-
• Final Corrections ........................ July 22, 1998 -August S, 1998
• Permit Submittals ......................... . ........August 6, 1998
~~~1;
• Plans Ready 1"or Bidding ............................September 7, 1998
• Construction Period .........................October 199$ -March 1999
Vlt. - J}~~ ' 'E$ .
7.1 The following fees arc presented based upon the key work areas o{' this contract. The ices are
lump sum ices for the major work components.
7.2 Luntp Surn Fccs
• I'hasc-1 Construction Uocumtnts ........................... 557,52W.UU
rr ~runr.a.~rnnrasni.a~nnrrrnrn~st:r.~ci
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TAS PHASE DESCRIPTION ACTIVITY DESCRIPTION
1 SCHEMATIC pESIGN
per enl of Base
Indbl Master Plsn Review
ROJ
KB
8
ECT T
OMP
EAM
AP
2
6 ~ ~~
CA RO BC TO CO R4 BC
8
ADMI
OS
NIST
SM
RATIO
lA
N
JH KM
COMP
NOUR>~
0
9.2
6.4
•ltL
HOURS
0
6
t8
COSt
SO
3410
S1 760
~'.OMP
COST
SO
392
364
0 0 30 30
0 0 SO SO
0 0 SO 30
0 0 30 fa
SUB TOTAL TASK 1 8 0 10 0 8 0 0 0 0 0 0 0 0 0 0 1b.8 24 S7 770 S1S6
2 DESIGN DEVELOPMENT 0 0 SO SO
Oeta4ed Osi La 8 32 A ' 72 16 2 2 71.2 98 36 120 5712
I niON OI Cost 6 7 4.4 11 3665 S44
0 0 30 30
0 0 SO SO
0 0 SO SO
'- 0 0 30 SO
SUB TOTAL TASK 2 8 0 40 8 72 0 18 0 0 0 2 0 S 0 0 7B.8 109 S8 785 5756
7 CONSTRUCTION OOC 0 0 SD SO
PtKt Pregertmon - __ 4 72 16 120 16 24 2 205.6 214 512.078 32.056
Oebxf
81d pipe 2
1 12
t0 78
'' 78 24
6 72
6.6 f10
17 SS.S~
37.010 5720
368
Permit SubntlnNS t6 24 12 a 8 52 52.620 3446
Efdmete W ProOede Coft
-- 12 • 16 6 UI.1 76 32.528 St4s
S cNkallone 21 t6 18 40 52.240 St60
SU8 TOTAL TASK 7 7 0 108 18 180 48 48 0 0 0 0 0 44 0 0 759.6 418 f26 984 S3 S98
4 ptppl~ 0 0 SO SO
-- Inotxrc~ 07 Ptetu b Sp~ci< ! -- -_ 16 -_ 9.6 24 St 120 396
_ _-_.
PIe llld Mesdny --._----`-__-~-- -- 8 _ _ 7.2 6 5560 372
. --
Rece+plf of Oidf _- __ - 6 7.2 6 5560 S72
- -- _~ _
P.econwttendetion o7 Awsrd _-- ___ 2 4 2.4 6 3460 S21
0 0 30 SO
' 0 0 SO 30
SUB TOTAL TASK 4 2 0 28 0 0 0 0 0 0 0 0 0 0 ~ 16 0 18.4 48 S2,7I0 =184
5 CONSTRUCTION 08SER. 0 0 SO SO
_ Perio
die Site Conft. Review ~ _ 32 60 SS.600 5720
- -
MrnthtY Review Meetlny- __ 48 19.2 46 33 760 3192
sur,~u~Maeti~q e 7 2 e sseo saz
__ Cbf_e•putMee_tin9--_ - _ 6 7.2 6 5560 S72
0 0 SO SO
_ _ 0 0 SO 30
SUB TOTAL TASKS 0 0 64 0 0 0 0 0 0 80 0 0 0 0 0 57.8 114 510,080 5378
6 CUENi REVIEW MEETINGS 0 0 30 SO
_
_
--
cx.m ceordinawn MenMy~_
_ ~
to
6
f _
e e
22
s1.61o _
see
o o so so
-- - ----
- o o so sa
-- .. _.-_------ - - -- o o so w
0 o so so
0 o so so
SUB TOTAL TASK 8 16 0 0 0 0 0 0 0 0 0 0 0 8 0 0 8.8 22 S1 610 S88
PM PPOJFCTAOMINISTRAt10 PM 6 6 56 it 51.110 559
BILLING --
_
- _ _.._. __....-. --- -----°-----.. ,_
COPIES
-
-
-
--
I
---
0
0
s0
So
~ ~PRINTS/i'IOTS -~ N _ I 0 0 SO SO _
_ -----.-_ TELEPHONE - 0 0 SO 30
__ ______ TRAVEL ARRANCiEME
NTS ~ 0 0 SO 50
-_ . _ ...._..-__.-_._ _
OAlOC 0 0 SO SO
SUB TOTAL TASK PM 0 0 0 0 0 0 0 0 0 0 6 8 0 ~ 0 0 5.6 14 f1 110 S56
TOTALS 79 0 248 24 218 48 64 0 0 80 8 8 65 ~ 16 0 641.2 808 """"' 16,412
e-
COPIES
50.1 .
1000 e
S70
Pavers sa.4 4o su
PLOTS WA SO
TELEPHONES 31.5 20 S70
TRAVEL 50.7 5440 31.666
COLORCOPIFS , . -,-•
10001N0 ----__ WA___
WA -_ SO_--_
30
PMOTd3~~-- 10.3 ib 346
-• •
LABOR SS0,259
COMPUTER sS 412
DIRECT EXP. S1 848
PROJECT DESIGN COS7_ 557,520
-. t
MM II.ry4N If.V`nt)h(tMl.Mnl nGNIflRANnCJ1tVMT -I®
n+.w4:e 1... a r.~ l ,l t