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HomeMy WebLinkAbout1998 S Purchasing - WOOLPERT LLP-Efland Cheeks Community School Park Boundary and Topographic Survey Woolpert LLP;'~1AY - :.~3 4RtGIw1~~ ~ "~-~T~gT'r`1RES WOOLPERT LLP COPY ~ Professional Service Agreement DIST. - ~~~ I'AR'I' I. CF,NFRA1, TIIIS AGREE1virNT, including attachments as hereinafter noted, made and entered into ~ rt.~, , l9~_. by and between WOOLPERT LLP, whose address is 8731 Red Oak Boulevard, Charlotte, North Carolina, 28217-958 hereinafter referred to as WOOLPERT and the Client identified herein, provides fur the Professional Services described under Part 3 of this Agreement. Clienta?ranpe Coun y Phone No.: 919/SG3-11301 Address: P.U. Box 8181 Contact Person:Bob Jones. Recreation Director City/Statel7,ip Code: Ilillsboruueh. North Carolina 27278 Project Number: Short Title:~nd-Cheeks Schcxfl Park Phase-( Construction llucuments , or the "Project" I'Ali'1' 2. C1~:Nh,RA1, 1)I?S('RII''I'IUN OF I'R(>,II:C'1' SI"1'1?: l'Ire prufx~sed project is located between the 1i11and-Checks iilentemary School and Richmond Road. T-he site is approximately 27.5 Acres. PART' J. I)1?S('RIPTION OF PROFFSSIUNAI, SI?RVICF4 to he provided by WOOLPI'.RT are identified in Attachment A of this Al;rccnrcnt. I'AR'1' 4. TIIF. CUIIIPF.NSATION TU RE PAli) WOOLI'F,RT for providinf; the requested Services shall he as follows and ac more fully idcmified in AUachntem B of this Agreeaent. ~,_ A iarmp-Sum charge for Park Master Plan of 557,520.IN1 including labor and reimbursables; _ Unit Cost/'time Charges, plus reimbursable rnsts for construction administration; or _ ()tlrer 1'Alt'1' S. '1'ISR~1S ANI) CUNI)1'1'iUNS S. t GATE OF COMMF,NCF,MENT ANn i)URATION: The bate of Connnenccntcnt of this Agrccmcnt shall he the date last ~4'Pcaring on the signature page. This Agreement shall remain in eflcct until June 30. 1999 unless terminated as provided herein, ur extended by nnuual agreement in writing. S.l IP WUUI,PER"i"S SIsRVICFS UNUF,R '1'i11S ACREF,MENT ARE I)F,I,AYF.1) fur reasons Ixynnd WOOI.PGR'f'S comrol, the completion date specified in Pan 3.1 of this Agrccmcnt shall he modified accordingly and the fees shall he rene);utiated for any unfinished services as of the effective date of such change. I'.CA t~aa k.eMl ~y~utUv 1'r?8 ~. ~ INVUICR I R(H:F,1)URF,S ANU PAYMF.N'P: WOOLPERT shall submit invoices to the Client fur Services accomplished During each calendar monOt. for Services provided on a Lump Sum basis, the amount of each monthly invoice shall be determined on the "percentage or completion ntedxxl" whereby WOOLPERT wil! estimate the percentage of the total Services (provided on a Lump Sum basis) accomplished during the invoicing Aerial. Momhly invoices shall include, separately lis+etl, any charges for Services fnr which Time charges and/nr unit costs shall apply. Such invoices shall be suhmittetl by WOOLPGRT as stmn as possible after the etxl of the month in which the Services were accomplished and shall be due and payable by Ute Client up+m receipt. Tire Client. as owner or authuriicd agent fnr the owner, hereby agrees that payment will be made for said Services within Utirty (30) days from the dine of dte invoice; aril, in default of such payment, hereby agrees to pay all costs o(cnllenirnt, inctutling reasonable auontey's fees, regardless of wltcther legal action is initiated. The Client hereby acknowledges that unpaid invoices shall accrue interest at IR percent per annum after they have been outstarxling fur over thirty {1(1) days. 1f an invoice remains unpaid sixty (6(t) days after the date of the invoice, WOOI_PERT may, upon giving seven (7) days written rwtice of its intent to do so, suspend all Services on the Client's project. This suspension shall remain in effect until all unpaid invoices are paid in full. If an invoice remains unpaid ninety (qO) days after the date of the invoice, WOOLPERT may, upon giving seven (7) days written notice of its intent to do so, terminate (his Agreemem and pursue its remedies fur collection. S.d };RI'P:R'f 1Y1'f'NFtiS SF.RVICFS: 1+ is wxlerstrxxl aril agreed drat WOOLPGR"r'S services u+xler this Agreement du not include participation, whatsrtever, in any litigation. Shrxtl<I such services he required, a Professional Services Agreement Adrlerxlum may he negotiated between the Clicm and WOOL1'ERT describing the services desired a+xl providing a basis for compensation to WUOLPERT. ,e,c ('OS'r F,S'r1111A'1'Fa: Cliem hereby acknuwletlges that WOOLPERT cannot warrant shat esUnrates of p«thahle construction or operating costs provided by 1VOOLPF.RT will not vary from actual costs incurred by the Client. 5.6 1.11111'1' OH' LfAItILrrY: 'nc~ limit al' liability of WOULPER'1' at the Client fur any cause ur axuhinatio++ of causes resulting from dte Services hcrcutxler rendered, shall bc. in total aunnun, limited to thq fees paid under This Agrcentcm. S.7 ('ONti'1'RII("Ilf)N SM;RVI('F;S: If, utxler this Agreentenl, professional services arc provided during the construction phase of the project, \V(tOLPI(R1'shall +nx he resprnt ible fur or have control over means, methals, techniyucs, sequences, or prtx:edures; ur fur safety precautions and pntKt:unc in cnnrxs tiun with the Work, Nor shall WOOLPERT be responsible fur the ('omracu+r's failure ur carry out the Wurk is accodance wilt ihr l'unuau Uauux•mc or Ihr ('nntractor's failure w comply with applicable laws, unlinanccs, rules or regula+inns. Ihxler nu circumsta+tcec will 1VUO1.1'h:R'1' have any direct contraauat relationship with the cuntraclor, any subarntracnrrs ur material suppliers. ~.g INtitIRAN('f•;: WO(tl.l'IiR'i shall at all tinter carry, ao all operations hcremxlcr, worker's contpens:uiun i«curancc, public liability arxl property iosnr:ntce. arxl autontotivc public liability aril property damage insuratrce. S.q ASSIRNAIF;N"1': Neither the ('ticnt nor WUOt.PL•R'r will assign or transfer its interest in Utis Agrcentcm without dtc wriucn consent of the odrer. \VOOLPER'1', however, dtteS reserve the right to ndx:omract any portion of the Scrviccs. 5.10 ti(iSl'F:NSION,'rF.R1111NA'1'IQN, CANCELLA"1'1(NV UR AAANIx)N~iF.NT: In the event dte Project described in Attachntcm A, or the Scrviccs of W(tOl.l`I?RT called for utxlcr this Agreement, is/arc suspcrxlcd, canceled, tcnninatct+, or ahatxluncd by tlrc Client, WOOI.PF.RT shat) he given at•vcn (7) days prior K'Ilat'll naUCC Ilf Slrfh al'tlml alNl shall he CUInI1eI1tia1C11 f/lr IIIC $l•rVICCS pIIIVI/IC(I 1+11 to Ihr d;uc of suspension, tcrminaliun. c:utcellatiun, or aharxlunntcnt including reimbursable expenses in accordance with the pntvisious of this Agrcentcm. S.I I F'N'I IRM:fY (Ih AI:Rf,I•:DIF:N'1:'Ihis Agreennm CIIIINNIICS (hc l'IIUfC Agrel'Inl`III atxl Ulxh'rx111xhtlg Itetwectl IIK panics, their successors atxl assigns herexr, arxl there arc rxr odtcr agrcctttcnts atxl urxlcrstarxlings, oral or written, with rcksctx:c nr the subject matter hcrco( that arc not ntergcd herein atNl super<cded hereby. No alteration, change or nuxlification of Ute tenor of dtis Agreement shall he valid unless made in writing atxl signed by both panics hcrcxt. This Agrccntcut shall trc guvcnrctl by the lawx of the State of Ohio artless specifically stated udxrwise in Attacluncnt ti. This Agrcentcm includes this drxuntcnt aril: A'1'fAC11M1iN'I' A -Scope of Scrviccs IN WI'1'NhSS WIII:ItI`:(1F', this AKret:n)ent which is subject to ttx: terms and cvnditiuns of i'arts 1 thnntgh 5; pages I and 2, and Allachntents is accepted tm the later date written below. (:1,1I~,N'f: SI(:Ni~.i): '1'YI'1~,1) NA1111:: ~'~LG'~QY'1~"nW • I~11'1~w1~ 7'ITI.1?• l.~lr'~ D.C. I~oIN11t~~~~l1LY.~ 1)A'1'1?' T'~.~~' 98 11-H'IIRI I(' I'Rt11'rt\nl1(IRANr;I~rPIIASrI.A(;I WOOI,P SIGNEU: ~ 1'YPF,i) NAME: Kenneth L. Bull(xk. ASLA TITI,F,: Associate Partner I)A'1'h.: January 19. 1998 Acctl'Trr) ATTACHMENT A AGREEMENT FOR CONSULTING SERVICES FOR CONSTRUCTION DOCUMENT PREPARATION, BIDDING ASSISTANCE, AND CONSTRUCTION ADMINISTRATION OF THE EFLAND-CHEEKS SCHOOL PARK SITE BETWEEN THE COUNTY OF ORANGE, NORTH CAROLINA AND WOOLPERT LLP This AGREEMENT is made and entered into this ~~ day of rl L 1998, by and between the County of Orange, North Carolina, hereinafter called " caner" and Woolpert LLP hereinafter referred to as "Consultant" for the following project(s): PHASE-I CONSTRUCTION DOCUMENT PREPARATION BIDDING ASSISTANCE CONSTRUCTION ADMINISTRATION WITNESSETH: WHEREAS, the Owner desires to engage the Consultant to furnish planning, landscape architectural, 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 construction document preparation, bidding assistance, and construction administration up to and including the scope of work that can be accomplished under the Phase-I available funding. WHEREAS, the Consultant has exhibited evidence of experience, ability, competence, and reputation to perform such services. WHEREAS, the Owner has authorized to enter into an agreement for performance of such services. Ncw, THEREFORE, the Owner and the Consultant for consideration hereinafter stipulated, mutually agree that the Consultant shall perform and carry out in a satisfactory manner all the necessary services provided under this contract, as determined by the Owner. SCOPE OF SERVICES The Consultant's basic services include the preparation of the following three different tasks of work: Task-I Based upon the approved master plan and Phase-1 design option, the Consultant will complete construction documents utilizing the available funds designated for Phase I which have been allocated for this project. The preparation of the plans and specifications will be complete and ready for bid. ~ 5u..t.(-~c~tt' ~,~ nl~~, (L~~( l ~,G ~ StykG~t p~ G~pCu ~l ~ Q/t 11,4 GtGtGl~trn~.(~ ~ f ~ G~~'G(1'R,lit/ ti -1- ~y.~ . Task-II The Phase-I portion of the project will be bid and constructed. The Consultant will provide bidding assistance and periodic construction administration throughout the duration of the first phase of the project, under this contract. This work will be performed as described in Paragraphs 1. l 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 Fee for the project. I. - T~-~ PHASE-I CONSTRUCTION DOCUMENTS, 2.1 Schematic Design Phase 2.1.1 The Consultant shalt 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 Consultant 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 Orange County shall provide the Consultant with the appropriate site mapping consisting of topography at a 2 foot contour, property boundary information, and site utilities. This mapping shall be prepared using acomputer-aided design and drafting (CADD) system. This mapping shall be use in the preparation of the computer- generated Construction Documents. 2.2 Design Development Phase 2.2.1 Based on the previously approved planning documents, the Consultant shall prepare, for approval by the Owner, 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-I plans will be drawn at 1"=50'-0", or other appropriate scale, and will show the final layout of all facilities including the general layout plan, preliminary grading, utilities, and landscape design. 2.2.2 The Consultant will prepare an updated Opinion of Probable Construction Cost associated with the proposed improvements. These deliverables will be based on more 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 to review the documents and visit the site to field check the design. Four sets of documents will be provided to the Owner by the Consultant prior to each meeting. 2.2.4 Upon completion of each review session, the Owner shall provide to the Consultant a written statement of their comments and possible revisions to be made by the Consultant. 2.2.5 The 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- four sets of the design development documents to the Owner for final review and comment. 2.2.6 The 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 The construction plans base sheets will be drawn at 1"=50'-0" or other appropriate scale. The documents may include final layout, grading, erosion control plan, utilities, specialty areas, landscape plans, in addition to construction design details or other elements as may be appropriate based upon the scope of services. 2.3.3 The floor plans for any structures included in the Phase-I portion of the project Construction Document Phase will be drawn at 1/4" = 1' or other appropriate scale and will include final foundation, floor, roof and framing plans in addition to elevation, sections, construction design details, or other elements as may 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 himself of all local, state, and federal codes which may pertain to this project. The Consultant shall file the required documents for the approval of governmental 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. Any necessary fees shall be paid by the Owner. 2.3.6 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 for approval. The Consultant shall also be responsible for designing erosion control, storm drainage, detention (if required), retention, and other plans necessary for implementation of the elements defined in this contract. 2.3.7 The Consultant shall keep the Owner informed of any changes in requirements or in construction materials, systems or equipment as the drawings and specifications are being developed. 2.3.8 The Consultant shall prepare quantity take-off of items and shall advise the Owner of any adjustments to previous Opinions of Probable Construction Costs indicated by changes in requirements or general market conditions. 2.3.9 The Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s)' methods of determining prices, or over competitive bidding, or market conditions. The Consultant's Opinions of Probable Construction Cost provided are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified -3- professional familiar with the construction industry; but the Consultant 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 the bidding phase the Owner wish greater assurance as to construction cost, the Owner shall employ an independent cost estimator. 2.3.10 At intervals appropriate to the progress of the construction document phase, the Consultant will schedule meetings with the Owner to review the documents. A preliminary and final submittal of two sets of the construction documents will be provided by the Consultant prior to meeting. 2.3.11 Upon completion of each review session, the Owner shall provide to the Consultant a written statement of their comments along with ared-lined set of drawings and specifications. 2.3.12 The Consultant will address all the review comments of the Owner until they are in satisfactory agreement with the construction documents. II. -TASK II PHASE-I CONSTRUCTION BIDDING & ADMINISTRATION 3.1 Bidding Phase 3.1.1 The Consultant, following the Owner's approval of the construction documents and the latest Opinion of Construction Cost, shall assist the Owner in obtaining bids and in awarding and preparing the Construction Contracts for the park complex. 3.1.2 The Consultant shall provide for alternates in the bidding of this phase of work. The alternates shall be in association with the base bid. This information shall be part of the specification package and will be provided to the contractor with the construction document package. 3.1.3 The Consultant shall be responsible for reproductions of drawings and specifications to be distributed to contractors during the bidding phase of the project. 3.1.4 The Consultant will be available during the bidding period to interpret or provide clarification of the drawings and specifications to the bidders. Clarifications will be documented in writing with copies sent to the bidder and to the Owner. 3.1.5 The Consultant shall assist the Owner in conducting apre-bid meeting with the bidders to clarify the requirements for this project. 3.1.6 The Consultant shall attend the bid opening on behalf of the Owner and will review all bids received. 3.1.7 The Consultant will review each bid in terms of the proposal, proposal price sheets, bid guaranty bond, experience statement, and affidavits and will make a written recommendation to Award of Contract for each prime bid to the Owner. 3.2 Construction Administration Phase 3.2.1 The Construction Administration Phase will commence with the Award of Construction Contracts and will terminate after the final Certificate for Payment is approved by the -4- Owner. 3.2.2 The Consultant, as the representative of the Owner during the construction phase, shall advise and consult with the Owner and issue the owner's instructions to the contractor; the Consultant 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 whenever 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 definitely establish the beginning date of Time of Performance 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 The Consultant shall arrange for, give written notice to all appropriate parties as to time and place, and conduct apre-construction conference for each separate contract on an agenda approved by the Owner. 3.2.5 The 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 coordinated with scheduled site visits and will be maintained throughout the entire construction period and shall be for the primary purpose of assessing the progress of the work and taking such remedial actions as are necessary to assure the required progress and completion within the contract time. The Consultant shall submit to the Owner a full report of each meeting. 3.2.6 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 The Consultant shall not be responsible for, nor have control or charge of, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the project, and shall not be responsible for contractors' failure to carry out work in accordance with the contract documents. The Consultant shall not be responsible for, nor have control over, the acts or omissions of the contractors, subcontractors, any of their agents or employees, or any other persons performing any work. 3.2.8 Based on the Consultant's observations at the site, and an evaluation of the Project Application for Payment, the Consultant shall determine the amounts owing to the contractors and shall issue a Project Certificate for Payment in such amounts, as provided in the contract documents. 3.2.9 The issuance of a Project Certificate for Payment shall constitute a representation by the Consultant to the owner that, based on the Consultant's observations at the site and on the data comprising the Project Application for Payment, work has progressed to the point indicated; that, to the best of the Consultant's knowledge, information and belief, the quality of work is in accordance with the contract documents subject to 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 documents, to minor deviations from the contract documents correctable prior to completion, and to any specific qualifications stated in the Project Certificate for Payment; and that the contractors are entitled to payment in the amount certified. However, the issuance of a Project Certificate for Payment shall not be a representation -5- 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 The Consultant shall be interpreter of the requirements of the contract documents and the judge of the 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, and 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, shall not show partiality, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 3.2.12 The Consultant's decision in matters relating to artistic effect shall 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 The Consultant shall have authority to reject work which does not conform to the contract documents, and whenever, in the consultant's opinion, it is necessary or advisable for the implementation of the intent of the contract documents, 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 The 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 promptness so as to cause no delay. The Consultant's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 3.2.15 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 documents. 3.2.16 The Consultant shall 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 are not inconsistent with the intent of the contract documents. Such changes shall be affected by written order issued through the Consultant. 3.2.17 The Consultant shall conduct inspections to determine the Dates of Substantial Completion and Final Completion and shall issue appropriate Project Certificates for Payment. These inspections will be completed during site visits. Substantial completion is work that is sufficiently complete, in accordance with the contract documents, so that the work can be utilized for the purposes for which it is intended. 3.2.18 The Consultant shall receive and forward to the Owner for their review, written warranties, certificates of occupancy and related documents assembled by the contractors. -6- 3.2.19 The extent of the duties, responsibilities, and limitations of authority of the Consultant as a representative of the owner during construction shall be modified or extended without the written consent of the Owner and the Consultant, which consent shall not be unreasonably withheld. 3.2.20 The Consultant shall schedule and conduct a final inspection of the project, coordinating the date for such inspection with the prime contractor and Owner. 3.2.21 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. -ADDITIONAL SERVIC 4 4.1 The following services are not included in services as outlined in Section I-III. They shall be provided if authorized or confirmed in writing by the Owner, and they shall be paid for by the Owner as provided in this Agreement and/or as agreed between the Owner and the Consultant. 4.1.1 Providing services resulting from significant 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 documents other than stated in the Agreement. 4.1.3 Providing services to investigate existing conditions or 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 cost estimating or bidding purposes. 4.1.5 Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given, or are required by the enactment 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. 4.1.6 Preparing drawings, specifications, and supporting data and providing other services in connection with change orders. 4.1.7 Providing consultation concerning replacement or any work damaged by fire or other cause during construction, and furnishing services as many be required in connection with the replacement of such work. 4.1.8 Providing 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 performance of either the Owner or any contractor under the contracts for construction. 4.1.9 Providing extensive assistance in the utilization of any equipment or system such as -7- initial start-up or testing, adjusting and balancing, preparation of operation and maintenance' manuals, training personnel for operation and maintenance and consultation during operation. 4.1.10 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 60 days after the 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 furnished in accordance with generally accepted architectural/engineering practice. 4.1.16 Providing any aerial mapping or property /topography survey information. IV. - S D Ti.F, 5.1 The Consultant shall 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 unforeseen or unavoidable delays may be made by mutual consent of the parties involved. In the event of excessive delays of the Consultant's work, at no fault of his own, 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 Owner and the Consultant. For the purpose of this Agreement, the following schedule is projected, beginning with 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 the project for which the Consultant's fees shall be valid without need of re-negotiation due to unforeseen time delays. 5.2 Document Preparation Schedule TASK I • Notice to Proceed .................................... April 7, 1998 • Start-up Meeting with Owner ........................... April 13, 1998 • CD Schematic/Design Development Phase ........ April 14, 1998 -May 18, 1998 • Owner Review, Comments ............................ May 19-26,1998 • Construction Document Phase-I ................ May 27, 1998 -July 27, 1998 • Owner Review ...............................July 28-August 10, 1998 -8- • Final Corrections ......................August 11, 1998 -August 21, 1998 • Permit Submittals .................................. August 21, 1998 TASK II • Plans Ready For Bidding ...........................September 21, 1998 • Construction Period ........................November 1998 -April 1999 VII. -DESIGN FEE5 7.1 The following fees are presented based upon the key work areas of this contract. The fees are lump sum fees for the major work components. 7.2 Lump Sum Fees • Phase-I Construction Documents ........................... $57,52 .00 H: \PUBLIC\PROPOSAL\ORANGE\PHASEI . AG2 -9- •- TAS PHASE DESCRIPTION ACTIVITY DESCRIPTION 1 SCNEMATIC DESIGN _ - • • PROJECT TEA KB oMP AP ~ •• 1 s M cA Ro ec rG co ao ec ~ ADM as INIST sw RAT u ION JN KM COMP tlouaa 0 TOTAL Houas 0 LABOR cosT f0 COMP cost SO a.. .m or e.e. _ 11aU^1 M^sul PIm Revisw - - e 2 9 e - _- - _ z e 1 e to s„ st.S60 _ _ _ _ _ - se. -- -. -~- _ o o so so -- a o so --- fu -- - - - o _ o so -- so - 0 o so _ so- SUB TOTAL TASK 1 8 0 10 0 8 0 0 0 0 0 0 0 0 0 0 16.8 2{ 51,770 f18b 2 DESIGN DEVELOPMENT 0 0 SO SO Deulled DeeilJn L^roul _ _ __ 9 77 - a 72 to 2 2 71 2 9e 38 120 _ 5712 +n1U^1 O nion o+cest _ __ _ ° 3 . •. _ , t , _ fees __ ~ - s . ---- _ __ _ -- _ -- - - _-- - _ - o -- u ~ - - so - ± -- ~ .- - - ------ - -- - ° o so so - -~-- - ---- - -- -- -- - - -- -- - - -- - -- -- - - - _ - o o so --~--- 0 _ 0 _ w so - SUB TOTAL TASK 2 6 0 d0 8 ~2 0 18 0 0 0 2 0 S 0 0 75.6 109 56,785 f7S8 7 CON$TRl/CTION OOC PUn Prepwlan -_- . ]Z 19 120 t6 2. 2 0 2050 0 211 30 512.O7e SO 52.056 J Ce1^N1 2 12 76 _ 16 21 _ 72 - 90 SS 506 5720 eld v^u^9. ------ --- ------- ----------- t -- 10 - -- -- - - e ae t~ st oto see PemNt sul>ronlsl, te. z. u _ a s __ _ sz sz e20ezo - s•de -- -- E~lil~^uaPloe^a.coa - -------- - -- - ~z to a ,.. x s2.s2e st.. S ecHkNbo1 2. t6 16 10 52 2.0 f 160 SUB TOTAL TASK ~ 7 0 108 18 180 48 48 0 0 0 0 0 44 0 0 359.8 4l9 f2S,98{ f1 S96 1 BIDDING _ -_ 0 0 SO f0~ ._. _ Inu^nc~olPl^IUaSp~c^-- u ---.-.---------------- -°- -- -~ - ---- -- --' °- -- -~ -- 56 ~--- -96.- _ ,-2. 57.120 fe6 _ ' PL1>; µ«ens --- ------ ---------- - -° - - -_ ~z e sseo sa2- - RKbp11 0l elas<_, ° _ -- _ 3 2 e _ 5560 _ SJ2 _ _ Recomm^nd^UOn of Aw^rd --- - --- - . _ ----- - ---'----- -'-------- -- -- 2 - ---- 1 -- -- --- - ---- - -- ~-~ - -- -- - -- -- - - -- - --- -?4--- o a _ o __ saeo so - s2• -- ~-- 0 __ o so so SUB TOTAL TASK 4 2 0 28 0 0 0 0 0 0 0 0 0 0 18 0 18.{ 18 12,720 S18{ S CONSTRUCTION OBSER _ _- ~ ~ SO SO PenoGlc Slu Lonst Rwiew !_- _ - -' -. '-- --' -__ - BO .-._ -- _ .- -- --- - ._ _ 32 _ .. 60 _ -... SS 600 _ - Mon Review Mee !mY~- U -----~------- -- - Ie _ tY2 .e s)Deo s~20 swz Sun-UP Meeu119 _ 6 - -- -- - ~ 2 6 s560 SR Cbs^~pulMeeUn9.-.__-_ -__--_-_.-._-__ ___- ~~ . - - - - 77 ! 5500 2 S -- ------- - _ - -._ _. _. -_ ~_- ____. -__ ._.- ____ _. 0 _. ._ 0 SO _._. ~ _ SO _ 0 _ 0 _ SD __ SO SUB TOTAL TASKS 0 0 84 0 0 0 0 0 0 80 0 0 0 0 0 87.8 144 S10 080 fS78 6 - . - CLIENT REVIEW MEETINGS CM^nl CoolduulNxl MINmy~ . - - - 10 __ - - 6 - - _0 e ee _ 0 _ 22 - SO St 610 __ SO s6e~ - ~- - - -_: -_ --- , - - _------------------------------ -------------- --_ -- __ ._.-. __ --~-- -- ----- _.. __ _ _ -- -- -.._ _. _ .. _9 !o ._?.- o .. f0-- so w w _. --_.. _ --- -.-- --- -- -- --- --_-- -- _. .-- --- --- --.. _. .. _. _... - ~ - 0 - °-- - o _. so.-- sa --.so so SUB TOTAL TASK 8 18 0 0 0 0 0 0 0 0 0 0 0 8 0 0 8.8 Z2 ft 810 f88 PM PROJECTAOMINIS1RAll0 PM -__ __-_____.-___._-__ BILLING _~. ~ __ _. -_ -- - __ ___ _-_ -_ -_ - - _- e __ -e-- _-- __-- _ -__ S8 0 U 0 ft.1t0 f0 S56 SO _._.. _- _ -.--_ COPIES _----- - - -- _ - 0 0 50 - _ SO _ _ _ ^_ PRINTS/PLO1S _ _. _ _--__ __ _ _ 0 0 _ f0 _ ___ SO _ _ -- __ __ TELEPHONE _ _ _ 0 0 _ SO _- 50 __ _ _ _ ^ TRAVEL ARRANGEMENTS --. _ - - _ ~ _ 0 0 SO __ SO - - -_ ,__- OAAC - _ -- _ 0 0 SO _ - - SO - SUB TOTAL TASK PM 0 0 0 0 0 0 0 0 0 0 8 8 O I O 0 8.8 14 ft 110 f58 TOTALS Z8 0 248 24 218 46 64 0 0 80 8 8 65 ~ 18 0 841.2 808 "•""" 55,412 .- COPIES f0.1 1000 S70 PRINTS fe.1 M Si4 PLOTS WA f0 TELEPHONES 31S 20 f70 TRAVEL 30.7 5110 f1,6ee COLORCOPIFS _ _ L000ING -- ------- -- -__-. N!A_ _- WA _ -- SO -_--- SO PHO1as sos 6e s/s • •• • LABOR f 50,259 COMPUTER fS 412 _ DIRECT EXP. f 1,849 PROJECT OESiGN COST_ f87,S20 • •• / M'N IIV'11M ^;,JM10M1Al1NNll1CK1M1AM000IYM} -IO NY~.u1 JO /w. 11 r~ 1 d 1