HomeMy WebLinkAbout2013-195 AMS - MBAJ Architects Inc for NHSC Architrectural and Engineering Design/Construction $173,500 [Departmental Use Only] Z a 3- 14 .
TITLE NHSC Design
FY FY12-13 Ain S
NORTH CAROLINA
SERVICES AGREEMENT OVER $90,000.00
RFP -WITH REIMBURSABLE EXPENSES
ORANGE COUNTY
This Services Agreement (hereinafter "Agreement"), made and entered into this 20th day of
June, 2013, ("Effective Date") by and between Orange County, North Carolina a body politic
and corporate of the State of North Carolina (hereinafter, the "County") and MBAJ Architects,
Inc., (hereinafter,the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Services Agreement ("Agreement") is for professional services to be
rendered by Provider to County with respect to (inser,` type of project): the
Northern Human Services Center Community Center renovation, as outlined by
the attached proposal dated April 1, 2013 as well as th,,- proposal amendment
dated June 20, 2013 entitled "Northern Human Services Center Renovation
Proposal Amendment"
ii) By executing this Agreement, the Provider represents and agrees that Provider is
qualified to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
Revised July 2010 1
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regula ions applicable to the
performance of these services. Provider is solely responsible for the professional
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) Provider shall be responsible for all errors or omissions, in the performance of the
Agreement. Provider shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) Provider agrees that Provider, its employees, agents and its subcontractors, if any,
shall be required to comply with all federal, state and local antidiscrimination
laws, regulations and policies that relate to the performance of Provider's services
under this Agreement.
vi) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services.
i) The Provider shall perform as Basic Services the work and services described
herein and as specified in the County's Request for Proposals (the "RFP") "RFP
Number 5191 for "Northern Human Services Center Project" issued December
14, 2012, and the Provider's proposal, which are fully incorporated and integrated
herein by reference together with Attachments issued by Iv[BAJ Architects, Inc. of
Raleigh NC, entitled "Northern Human Services Center Renovation" dated April
1St, 2013 and "Northern Human Services Center Renovation Proposal
Amendment" dated June 20, 2013 (designate all attachments). In the event a term
or condition in any document or attachment conflicts with a term or condition of
Revised July 2010 2
this Agreement the term or condition in this Agreement shall control. Should
such conflict arise the priority of documents shall be as follows: This Agreement,
the County's RFP together with attachments, Provider's Proposal together with
attachments.
ii) The Basic Services will be performed by the Provider in accordance with the
following schedule: (Insert task list and milestone dates)
Task Milestone Date
1. Schematic Design(15%) 10/15/2013
2. Final Design, CDs(65%) 1/31/2014
3. Project Bid Phase(70%) 4/28/2014
4. Construction(95%) 3/1/2015
5. Commissioning (100%) 3/1/2015
6. Grand Opening(100%) 3/1/2015
7. N/A
8. N/A
9. N/A
10.N/A
iii) Should County reasonably determine that Provider has not met the Milestone
Dates established in Section 3(a)(ii), County shall notify Provider of the failure to
meet the Milestone Date. The County, at its discretion may provide the Provider
seven (7) days to cure the breach. County may withEold the accompanying
payment without penalty until such time as Provider cures the breach. In the
alternative, upon Provider's failure to meet any Milestone: Date the County may
modify the Milestone Date schedule. Should Provider or i--,s representatives fail to
cure the breach within seven(7) days, or fail to reasonably agree to such modified
schedule, County may immediately terminate this Agreement in writing, without
penalty or incurring further obligation to Provider. This section shall not be
interpreted to limit the definition of breach to the failure to meet Milestone Dates.
4. Duration of Services
a. Term. The term of this Agreement shall be from June 20, 2013 to May 1, 2015.
b. Scheduling of Services
i) The Provider shall schedule and perform his activities in a.timely manner so as to
meet the Milestone Dates listed in Section 3.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate his efforts, including providing additional
resources and working overtime, as necessary, to perform his services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be June 20,
2013.
Revised July 2010 3
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement
except reimbursable expenses as specified in section 5(c), below. The maximum amount
payable for Basic Services is One Hundred Seventy Three Thousand Five Hundred
Dollars ($173,500). In the event the amount stated on an invoice is disputed by the
County, the County may withhold payment of all or a portion of the amount stated on an
invoice until the parties resolve the dispute. Payment for Basic Services shall become
due and payable in direct proportion to satisfactory services performed and work
accomplished. Payments will be made as percentages of the who:.e as Project milestones
as set out in Section 3(a)(ii) are achieved. (For example, if there are 10 Project Tasks
with Milestone Dates then Provider may invoice for the first 10% of the whole upon
County's acknowledgement of the satisfactory completion of Task one. Upon the
County's acknowledgement that the second Task has been satisfactorily completed
Provider may invoice for the next 10%of the whole.)
b. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
c. Reimbursable Expenses Reimbursable expenses are in addition to the fees for Basic
Services and are for the following expenditures to the extent reasonable and actually
incurred by the Provider with respect to the Project:
i) Actual expenditures for postage, reproductions, photografhy, and long distance
telephone charges directly attributable to this Project.
ii) The actual cost of reproduction of reports, plans and specifications excluding
documents for exclusive use by the Provider.
iii) The Provider shall not be entitled to any mark-up on actual expenses incurred.
iv) Reimbursable expenses shall be compensated by the County along with invoices for
Basic Services provided by Provider. Payment of Reimbursable Expenses shall be
subject to Provider's timely submission of valid receipts for any such expenses and
approval by the County. Any additional charges not spe,;ified herein, must be
mutually agreed to in advance by County and Provider and documented in writing
with a letter signed by authorized representatives for County and Provider and,
subject to budgeted funds.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated the (Jeff Thompson) to act
as the County's representative with respect to the Project and shall have the authority to
render decisions within guidelines established by the County Manager and/or the County
Board of Commissioners and shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
7. Insurance
Revised July 2010 4
a. General Requirements. The Provider shall purchase and maintain and shall cause each of
his subcontractors to purchase and maintain, during the period A performance of this
Agreement:
i) Worker's Compensation Insurance for protection from claims under workers' or
workmen's compensation acts;
ii) Comprehensive General Liability Insurance covering claims arising out of or
relating to bodily injury, including bodily injury, sickness, disease or death of any
of the Provider's employees or any other person and to real and personal property
including loss of use resulting thereof;
iii) Comprehensive Automobile Liability Insurance, including; hired and non-owned
vehicles, if any, covering personal injury or death, and property damage; and
iv) Professional Liability Insurance, covering personal injury, bodily injury and
property damage and claims arising out of or related to the performance under this
Agreement by the Provider or his agents, Providers and employees.
b. Insurance Rating;. The minimum insurance rating for any company insuring the Provider
shall be Best's A. If tl>e� vider doe l meet the ns1Van x €Prement e c P ty}
I c k I3ii naggpr,,,m, ' coti ulted pii6t to:�:l'Azin t � g mezz
C. Limits of Coverage. Minimum limits of insurance coverage shall be as follows:
INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE
• Worker's Compensation Limits for Coverage A- Statutory State of N.C.
Coverage B - Employers Liability
$500,000 each accident and policy limit and disease each
employee
• Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate.
• Automobile Liability Combined Single Limit$500,000
• Professional Liability NOTE„ Iya er :cbverag lir fits :re+qui d b Itxsk tia er if
applicable:
$1,000,000 per claim/$1,000,000 aggregate
d. Additional Insured. All insurance policies (with the exception of Worker's
Compensation and Professional Liability) required under this Agreement shall name the
County as an additional insured party. Evidence of such insurance shall be furnished to
the County, together with evidence that each policy provides the County with not less
than thirty (30) days prior written notice of any cancellation, nun-renewal or reduction
of coverage.
8. Indemnity
Revised July 2010 5
a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County
from all loss, liability, claims or expense, including attorney's fees, arising out of or
related to the Project and arising from bodily injury including death or property damage
to any person or persons caused in whole or in part by the negligence or misconduct of
the Provider except to the extent same are caused by the negligence or willful
misconduct of the County. It is the intent of this provision to require the Provider to
indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach 3f this Agreement or a
waiver of any other required compliance with this Agreement.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
Revised July 2010 6
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
c. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County,North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. The Parties may agree to
nonbinding mediation of any dispute prior to the bringing of such suit or action.
d. Entire Agreement. This Agreement, together with the RFP and its attachments and the
Proposal and its attachments, represents the entire and integrated agreement between the
County and the Provider and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile
signatures.
e. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
f. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
g. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of
County's obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency ::fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
Revised July 2010 7
h. Notices. Any notice required by this Agreement shall be in writir.,g and delivered by
certified or registered mail,return receipt requested to the following:
Orange County Provider's Name &Address
Attention: Jeff Thompson MBAJ Aiehitects,Inc.
P.O. Box 8181 9131 Anson Way, Suite 204
Hillsborough,NC 27278 Raleigh,NC 27615
IN WITNESS WHEREOF, the Parties, by and through their autf_orized agents, have
hereunder set their hands and seal,all as of the day and year first above writtsn.
ORANGE COUNTY: PROVIDER:
By: % By:
Frank(trif ion, County anger s Zyr ME�Zff) 'Pr"nc ec,
Pr' e e and Title
ake , lerk to the Board
17 52
I
O�
�t td�%
en{{t has been approved as to technical content.
JqtVey Thompson,Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
ffit,c—, . A A,_ I I
Office of the Finance Director
This ins ent has been approved as to form and legal sufficiency.
ce of the County Attorney
Revised duty 2010 8
p 9131 Anson Way,Suite 204
Raleigh,North Carolina 27615
Office:919-573-6400
Toll-tree:800-590-MBAJ
Fax:919-573-6495
April 1,2013
Mr.Jeff Thompson
Orange County Director of Asset Management Services
200 South Cameron Street
P O Box 8181
Hillsborough,NC 27278
RE: Northern Human Services Center Renovation
COMM.NO.: FILE NO.: A-1.0
Dear Jeff:
We are excited to have been selected by Orange County for the desiin of renovations at the
Northern Hunan Services Center project. We look forward to developing a strong working
relationship with you through this project As requested,below is our proposal for professional
services. i
Project Scope i
MBAJ Architecture will provide architectural and engineering design services for the Northern
Hutnaa Services Center Renovation. The scope of services will include Programming,Design and
Construction Observation for upgrades and renovation to the existing Cedar Grove facility.The
exact scope of the renovations will be determined during the programming phase utilizing a round
table format to gather input from the project committee.The project scope will include a
recognition of the cultural significance of this site.The exact nature of this recognition will be an
integral part of the programming process.The final proposed scope of the project will be balanced
against the funding available for the project.
MBAJ will engage independent engineering consultants to provide Structural evaluation for the
proposed demolition,along with Civil/Landscape,Plumbing,Mechanical,Electrical and
Technology design for the proposed facility renovation. Design services shall be provided in the
traditional phases of Programming,Schematic Design,Design Development,Construction
Documents,Bidding and Construction Administration. Based upcn out pre-contract discussions,
our proposed fee does not include hazardous material abatement dfsign,storm water BMP design, i
fire protection design,surveying,geothermal conductivity test wells or geotechnical investigation
for the project
The total budget for the facility including design,construction,and contingency is$2 trillion. The
fees proposed are based upon the scope of work as we understand it at this time and the project
durations outlined in the attached schedule.
KXPROSPECT-CUENT1Civic-GovernmentaMiorth Carolina\County\Orange\f'roposals120130401 jft Revised Fee
Proposal.dom
ADAJ Architecture
Page 2 of 2
Letter to: Jeff Thompson
April 1,2013 j
Proposed A/E Fees
Based upon the above outlined scope of professional services,and the terms of the Orange
County Professional Services Agreement,MBAJ proposes a lump scan fee of$160,000 with
additional reimbursable cost(printing,reproduction,shipping,fees paid to jurisdictional
authorities,renderings,etc...)not to exceed$7,500.
Engineers
MBAJ will be utilizing the following engineers for the project:
Structural Design
LHC Engineers
1015 Wade Avenue
Raleigh,NC 27605
Civil En i eQt ng/Landscape Design
CLH Design
400 Regency Forest Drive,Suite 120
Cary,North Carolina 2751$
Plumbing„Mechanical-ElectricaL and Technology Des'
Progressive Design Collaborative,LTD.
2900 Rowland Road,Suite 100
Raleigh,NC 27615
Schedule
Our preliminary schedule is attached. We recognize that the Count r will not have construction
funding available until July 2014 and we have formulated the proposed schedule to conform to
that parameter.
If there are any questions, please feel free to call We look forward to hearing from you and
working with you to make the Northern Human Services Center project a success.
S* cetel
Jo as.Jr..,AIA
Endo e
cc: Vanda Hamrick
i
i
Orange County
Northern Human Services Center
" 52 Preliminary Project Design Schedule
e 3/20/13
2013 2014
Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July
.. .... ----- ---------------------------- -------------- .......... .................
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I
• ffflf 9131 Anson Way,Suite 204
Raleigh,North Carolina 27615
Office:919-573-6400
Toll-free:800-590-MBAJ
Fax:919-573-6495
June 20,2013
Air.Jeff Thompson
Orange County Director of Asset Management Services
200 South Cameron Street
P O Box 8181
Hillsborough,NC 27278
RE: Northern Human Services Center Renovation P_-oposal Amendment
COMM.NO.: 1315 FILE NO.: A-1.0
Dear Jeff:
We are writing to amend our proposal dated April 1,2013 based on the direction received at the
June 18,2013 Board of County Commissioner Meeting.
Project Scope
MBAJ Architecture will provide architectural and engineering design services for the Northern
Human Services Center Renovation. The scope of services will include Programming,Design and
Construction Observation for upgrades and renovation to the 10;000 square foot center building
at the existing Cedar Grove facility.The exact scope of the renovations will be determined during
the programming phase utilizing a round table format to gather input from the project committee.
The project scope will include recognition of the cultural significance of this site.The exact nature
of this recognition will be an integral part of the programming process.The final proposed scope
of the project will be balanced against the funding available for the project.
In addition to the above scope,MBAJ will perform a feasibility analysis,scope definition and cost
estimate to evaluate the possibility of mothballing the existing classroom wings for future
redevelopment.The analysis will define the work scope required to accommodate limited
rehabilitation of building systems in the classroom wings to prevent further deterioration of the
existing facility and facilitate future redevelopment of the space.
Proposed A/E Fees
Based upon the above outlined scope of professional services,and the terms of the Orange
County Professional Services Agreement,MBAJ proposes a lumf sum fee of$166,000 with
additional reimbursable cost(printing,reproduction,shipping,fees paid to jurisdictional
authorities,renderings,etc...) not to exceed$7,500.
If there are any questions,please feel free to call.We look forward to hearing working with you on
the Northern Human Services Center project.
Sincerely,
J a Jr..,AIA
nclo e
cc: Vanda Hamrick
R:\Projects\1315-Northern Human Svcs CtrWW1.0 Arch Contract with OwnernFee Proposal\20130620jft_Revised Fee
Proposal.docx