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HomeMy WebLinkAboutAgenda - 12-11-2007-4kREVISED 12/11/07 Page 2- In Bold ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting .Date: December 11, 2007 1 Action Agenda Item No. ~ ~-~ SUBJECT: Contract Approval: Professional Services Contracts Associated with the Design of County Campus Buildings DEPARTMENT: Purchasing and Central Srvcs. PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: Brockwell and Associates Agreement Pam Jones, (919) 245-2652 EDI Agreement PURPOSE: To consider approving contracts with Brockwell and Associates, Inc. and Engineered Designs, Inc. (EDI) for work associated with the design of the office and library buildings on the expanded County campus in downtown Hillsborough. BACKGROUND: As the Board is aware, when using the Construction Manager at Risk (CMAR) method of contracting for construction of a building, the General Statutes require that the County have a direct contractual relationship with both the designer(s) and the firm providing the CMAR services. The Board has previously approved the CMAR agreement with Telesis Construction Company for the construction of the office building and library on the new county campus. Action called for in this abstract will complete the contracting requirements for the county campus by approving the contract with Brockwell Associates and EDI for the design of the facilities. As identified in the November 2, 2006 public hearing abstract, Brockwell Associates, Inc. serves as the architect of the buildings and EDI provides the mechanical, plumbing and electrical engineering design. Gardner & McDaniel, PA, who provide structural engineering services, are subconsultants to Brockwell Associates, Inc. and that cost is included in the Brockwell fees. FINANCIAL IMPACT: The contractual amounts for design services of the office building and library total $397,806, with $249,235 attributable to Brockwell Associates and $148,571 to EDI. These expenses were considered in the overall cost of the project. The purchase amount paid to the developer will be reduced by the combined total of the design contracts ($397,806). The funds for the project are included in the Capital Investment Plan. REVISED 12/11/07 Page 2- In Bold The Board may also recall that the County separately retained Phil Barton, a specialist in library space planning, to provide interior planning for the library building at a cost of $14,000. That contract was previously approved by the Board on March 27, 2007. RECOMMENDATION(S): The Manager recommends that the Board approve the contract with Brockwell Associates, Inc. in the amount of $249,235 and assignment to the County of the Contract between Engineered Designs, Incorporated and Telesis Construction Company in the amount of $148,571 for design services associated with the office building and library building on the expanded county campus; and authorize the Chair to sign on behalf of the Board. 1 9 9 7 E D I T I O N `'> ,~.IA DOCUMENT 8141-1997 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services This document has important legal consequences. A G R E E M E N T made as oFtb.e Sixth day of December Consultation with an in the year 2007 attorney is encouraged (fn tivords, indicate day, nrortth and year) with respect to its completion or modification. BETWEEN the Architect's client identified as the Owner: (Name, address arTd•other information) TABLE OF ARTICLES County of Orange Department of Purchasing and Central Services 1.7 INITIAL INFORMATION P.O. Box 8181 129 East King Street 1.2 RESPONSIBILITIES OF THE Hillsborough, NC 27278 PARTIES 1.3 TERMS AND CONDITIONS and the Architect: {Name, address and other information) 7.4 SCOPE OF SERVICES AND Samuel Brockwell OTHER SPECIAL TERMS Brockwell Associates, Inc. 1911 Hallandale Road, Suite 1050 AND CONDITIONS Durham, NC 27705 1.5 COMPENSATION Pot the Following Project: (buIude detailed description of project) The New Orange County Office Building and New Orange County Library. The buildings will be on a'site located between Nash & Rollock Street and Margaret Lane adjacent to the Gateway Center and Gateway °" Center Parking Deck. The office building will be four stories with ~,~ a total area of approximately 46, 792 SF and the library will be `~~~ two stories with a total area of approximately 23,484 SF. a~ ~ o ®1997 AtA® AIA DOCUMENT Bi41-1997 STANDARD FORM AGREEMENT The Owner and Architect agree as follows. The American Institute of Architects 1735 New York Avenue, N.W. _... ........ ..._ ...___..._ _..... ..•••• • ~~~• Vtrashington, D.C. 20006-5292 Copyright 1917, 1926,1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, ]987, m1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the Copyright laws of the UnEted States and will subject the violator to legal prosecu- tion. WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution. -1 ARTICLE 7.1 INITIAL lNFQRMATION 7.1.1 't'his Agreement is based on the follo~azng inFot7nation and assumptions. (trote the disposition for the following items by inserting the requested infortnativn ot• a statement such as "not applicable," "rrnknowrT at time of execution" or "to he determined later by mt.ttuaI agreement.") 1.1.2 PROJECT PARP+METERS 1.7.2.7 1'he objective or use is: (Identify a• describe, if appt~priate, proposed t.tse or goats.) The projects will house a new Library and Departmental Offices for the County of Orange. 1.1.2.2 The physical parameters are: (Identify or describe, tf appropriate, sine, tocatiorr, diraTe,tsions, or other periirreni infw•nzation, such as geotechnical reports about the site.) • 1.1.2.3 "1'he Owner's Program is: (Identify documerttntion or state the rtzanner in which the program u~itt be developed.) A Facility Program wi11 be prepared for the departmental offices as designated by Orange County to be located in the Of.fiee Building. The program for the Library will be developed by a Library Consultant to be hired directly by 1.1.2.4 The legal parameters are: Orange County. (Identify pertinent legal information, inclarding, if appropriate, tend sun~eys and legal descriptions and restrictions of the site. ) 1.7.2.5 The financial parameters are as follows. a Amount of the Owner's overall- budget far the Project, including the Architect's compensation, is: .z Amount of the Owner`s budget for the Cost of the Work, excluding the Architect's compensation, is: 1.1.2.6 The tinge parameters are: (Iderttif}; if eppropriate, milestone dutes, duratiau yr jest track scheduling.) 1.1.2.7 '1'lae proposed procurement or delivery method for flee Project is: (Identify rndthod such as competiti+~e bi.d> rzegvtiated contract, or construction ntanugenrent.) Construction Manager at Risk. Itl~ a, o 1.1.2.8 Other parameters are: ~ °ci'+~s'a° (Identify special clzaracieristics or needs of ilte project such as enerbry, envirorurterztul or historic preservutivrz ~ requirements.) ®t e 9~ n l A AIA DOCUMENT 8741-1997 STANDARD FORM • AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to iegat prosecution. .~ ].1.3 PRQ.IECT TEAM 1.1.3.1 The Owner's Designated Representative is: (List name, address anct other infnrnlation.) Pam Jones County of Orange Department of Purchasing and Central Services P.O. Box 8181 129 East King Street, Hillsborough, NC 27278 7.13.2 "h'he persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) 1.1.3.3 The Owner's other consultants and contractors are: (Lisa discipline and, i~'knowrr, identify theist Uy Warne and address.) 1.1.3.4 't'he Architect's Designated Representative is: (List name, address and other information.) Samuel Brockwell, AIA Brockwell Associates, Tnc. 1911 Hillandale Road, Suite 1450 Durham, NC 27705 1.1.3.5 The consultants retained at the Architect`s expense are: {List discipline and, if known, identify them fry name and address.) Steve McDaniel Gardner & McDaniel, P.A. P.Q. Box 51967 Durham, NC 27717 Structural Engineers 1.1.4 Other important initial information is: EDI Engineered Designs, Inc•: 5540 Centerview Drive, Suite 315 Raleigh, NC 27609 Plumbing, Mechanical & Electrical Engineers 1.1.5 ~Nhen the services lulder this Agreement include contract adaninistration services, the I,'~ General Conditions of the Contract For Construction shall be the edition of AIA Document Azo1 0, o current as of the date of this Agreement, or as follo~+Ts: oa~o L~J1997 AIA AIA DOCUMENT 81411997 1.1.8 The information contained in this A1-ticle is may be reasonably relied upon by the Owner STANDARD FORM and Architect in determining the Architect's compensation. Both parties, ho~~~ever, recognize that AGREEMENT such information inay change and, in that event, the Owner and the Architect steal! negotiate The American Institute appropriate adjustments in schedule, compensation and Change in Ser+~ces in accordance ~+*ith of Architects 1735 New York Avenue, N.W. Paragraph 1.3.3• Washington, D.C. 20006-5292 +1IAftNING: Unlicensed photocopying violates U.5. copyright laws and will subject the violator to legal prosecution. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES i.2.1 The Owner and the Architect shall cooperate tiwith one another to fulfill their respective obligations under this Agreement. 13oth parties shall endeavor to maintain good ~vorku~g relationships among all members of the Project team. 1.2.2 OWNER 1.2,2.1 ilnless otherwise provided under this Agreement, the Owner shall Provide full information in a timely manner regarding requirements for and limitations on the Project.l'he Owner shall furnish to the Architect, within >5 days after receipt of a evritten request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 1.2.2.2 The Owner shall Periodically update the budget far the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the. overall budget, the Portion of the budget allocated for the Cost of the tiwork, or contingencies included in the overall budget or a Portion of the budget, without the agreement ofthe-Architect to a corresponding change in the Project scope and quality. 1.2.23 The Owner's Designated Representative identiFed iri Paragraph >..>.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential Progress of the Architect's services. 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph i.1.3 or authorize the Architect to furnish them as a Change in Services 1+Then such services are requested by the Architect and are reasonably required by the scope of the Project. 1.2.2.5 Unless otherwise Provided in this Agreement, the U~wner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests foz air and water pollution, and tests for hazardous materials. L2.2.6 The Owner shall furnish all legal, insurance and accounting sendces, including auditing services, that maybe reasonably necessary al any time for the Project to meet the Uwner's needs and interests. 1.2.2.7 The Owner shall Provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 3.2.3 ARCHITECT 1.2.3.1 The services performed b}~ the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article i..q. 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent ++2th professional skill and care and the orderly Progress of the Project. The architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent .+nth the time periods established in Subparagraph 1.1.2.6 and which shall be adjusted, if necessary, as the Project Proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time 1units established by this schedule approved by the Owner shall not, except For reasonable: cause, be exceeded by the Architect or Owner. Vd.SRNING: Unlicensed photocopying violates u.5, copyright laws and will subject the violator to legal prosecution. ~~ll q O S7~ ~.,pQ p1997 AIA® AIA DOCUMENT B]41-1947 STANDARD FORM AGREEMENT The American institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.2.3.3 The Architect's Designated Representative identified in Paragraph t.r.3 shall be authorised to act on the Architect's behalf +~vith respect to the Project. 1.z.3 a The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner unless ~+=ithholding such information ~+~ould ~~iolate the Ia1+>, create the risk of significant hann to the pubIic~or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Arcluteet shall require of the Architect's consultants similal• agreements to maintain the conftdentialit}r of information specifically designated as confidential by the Owner. 1.2.3.5 l;xcept with the 0ti+=net`s kno++dedge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that ;+rould reasonably appear to compromise the Archtect's professional judgment ~+rith respect to this Project. ].2.3.6 The Architect shat review laws, codes, and regulations applicable to the Architect's services. T'he Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt ~v-ritten notice to~ the O~+rner if the Architect becomes aevare of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the \~rork shall be the total cost or, to the e~~tent the Project is not completed, the estimated cost to the Oknzer o£ all elements of the Project designed or specified by the Architect. 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Orcner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided b}r a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allolvance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of way and financing or at:~ter costs that are the responsibility of the U~+=ner. 1.3.2 INSTRUMENTS OF SERVICE i ((' t.3.z.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are :Instruments of Set•~rice For use sole- ~. ~ ly with respect to this Pt•oject. The Architect and the Architect's consultants shall be deemed the a~, ~•Qa authors and o~+rners of their respective Instruments of Service and shall retain all common ta~v, ~.z statutory and other reserved rights, including copyrights. ©1997 AIA® AlA DOCUMENT 8141-1997 1.3.2.2 Ll13on execution of this Agreement, the Architect grants to the Otvner a nonexclusive STANDARD FORM AGREEMENT license to reproduce the Architects Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall compI}• ~+~ith all obligations, The American Institute including prompt payment of all sums ~+=hen due, under this Agreement. The Architect shall of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Y2!',R!'1i!~'C; Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. obtain simlar nonexclusive licenses 6•om the Architect's consultants consistent with this Agreement. tiny termination of tlv Agreement prior to completion of the Project shall terminate this license. llpon such termination, the Owner shall refrain from making further reproductions of instruments of Service and shall return to the Architect withhi seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by lativ, to make changes, corxections or additions to the Instruments of Service solel}= for purposes of completing, using and maintaining the Project. 3.3.23 Except for the licenses granted in Subparagraph t.3.z.z, no other license or right shall be deemed granted or implied under this Agreement. The Otivner shaIl not assign, delegate, sublicense, pledge or othen4~se transfer any license granted herein to another party without the prior written agreement of the Architect. Hovrever, the Owner shall be perntted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the bl~ork by license granted in Subparagraph >_.3.z.z. Submission yr distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection w=ith the Project is not to be construed as publicativn in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Sen=ice for fut~.lre additions or alterations io this Project or For other projects, unless the Owner obtauzs the prior written agreement of the Architect and the Architect's consultants. Azry unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 1.3.2.4 Prior to the Architect pmviding to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherv`=ise provided in this Agreement. 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Arclitect's consultants, ma}= be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in lwriting, if required by circumstances beyond the Architect's control, or if the Architect's sen~ces are affected as described in Subparagraph i.3.3.s. In ilie absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the O>nmer shall give prompt tivritten notice to the Architect, and the Architect shall have no obligation tv provide those ser~2ces. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph 1.5.a, and to any Reimbursable Expenses described in Subparagraph 1.3.9 ~ and lljf Paragraph 1.5.5. 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, a o °d'cx"~ o° -- the Architect shall be entitled to an appropriate adjustrnent in the Architect's schedule r , and compensation: °' e 9' a ! A r AIA pOCUMEN'F 8141-1997 .1 Change In the 1nstRiGt10IIS of approvals given by the O\Vner that nece5511aie L"eV151Q115 1n STANDARD FORM Instruments of Serviece; AGREEMENT .2 enactment or rev=ision of cedes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Sen=ice; The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ttdA?Pd1~G: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. .s decisions of the O~~~ner not rendered in a timely manner; .a significant change in the Project including, but not limited to, size, quality, caznple~dt}t, the Owner's schedule or budget, or procw-ement method; s failw•e of performance on the part of the O~,Tuer or the O~,>ner's consultants or cor_tractors; .s preparation For and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article i.l. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question bet~a~een them by mediation which, unless the parties mutually agree otherwise, shaIl be in accordance »Tith the Construction Industry Mediation Mules of the American Arbitration Association currently in effect. Request far mediation shall be Filed in writing with the other party to this Agreement and ~,Tith the American Arbitration Association. The request may bz made concurrently kith the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, ~+*hich shall be.stayed pending mediation for a period of 6o days from the date of filuig, unless sta}Ted for a longer period by agreement of the parties or court order. 1.3.43 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place ~lrhere the 1'rojed is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court ha~*ing jurisdiction thereof. 1.3.5 ARBITRATION 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resah-e disputes by mediation in accordance ~~~itJ3 Paragraph r.3.4. 1.3.5.2 Claims, disputes and other m otters in question bet»~een the parties that are not resolved by mediation shall be decided b}T arbitration Erlich, unless the parties mutually agree othernise, shall be in accordance ~i>ith dze Construction Industry Arbitration Rules of the American Arbitration Association currently nz effect. The demand fox arbitration shall be filed in ~~~riting with the other party to this Agreement and with the American Arbitration Association. ~~.IE 1.3.5.3 A demand for arbitration shall 6e made within a reasonable time after the claim, dispute o Q or other matter in question has arisen. In no event shall the demand for arbitration be made after °o~.~.ao° die date uThen institution of legal or equitable proceedings based on such claim, dispute or other ~ matter in question would be barred by the applicable statute of limitations. ©1947 AIA@ A1A pOCUMENT 8141-1997 13.5.4 loo arbitration arising out of or relating to this Agreement shall include, b;T consolidation STANDARD FORM T ~ r „ t, t ~' c., AGRcEh/;ENT or joinder or in an} other manner, an ~.dditional pe_son or entity not ~, par } a t` rs Ablcement, except by written consent containing a specific reference to this Agreement and signed by the Tne American Institute Owner, .~schitect, and any other person or entity sought to be joined. Consent to arbitration of Architects invohTing an additional. person ar entity shall not constitute consent to arbitration of any claim, 1735 Neer York Avenue, N.W. Washington, D.C. 20006-5292 ti,fAi~l~tl4Zc;: Unlicensed photocopying violales V.S. copyright laws and will subJect the violator to legal prosecution. dispute or other matter in question not described in the written consent or with a person or entity not nan~ed or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in arc:ordance with applicable law in any couzt having jurisdiction thereof. 7.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance kith applicable law in any court ha~~ing jurisdiction thereof 73.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Archtect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of ar relating to this Agreement. This mutual waiver is applicable, tvithaut limitation, to all consequential damages due to either party's termination in accordance with Paragraph t.3.8. 7.3.7 MISCELLANEOUS i?ROVI5iON5 t3.7.1 Tllis Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in paragraph 1.4.2. 7.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for C;onstrltctian, current as of the date of this Agreement. 1.3.73 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall he deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion For acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment For acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date tivhen the Architect's services are substantially completed. 7.3.7.4 To llie extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition ofAIA Document Azo>> General Conditions of the Contract for Constntction, current as of the date of t12is Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 7.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a tlsird party against either the Owner or Architect. 7.3.7.6 th~less otherwise provided in this Agreement, the Architect and Architect`s consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or to.~cic substances in any form at the Project site. 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the O4vner's confidential or proprietary information if the Owner llas previously ad~~sed the Architect in writing of the specific information considered by the Otivner to be confidential or proprietary. The Owner shall provide professional credit for the Architect ui the Owner's promotional materials for the Project. io 11jI n d o. .o oa.~.4o p1997 AIAO AIA DOCUMENT 6747-1997 STANDARD FORM AGREEMENT The American institute of Architects 1735 New York Avenue, N_W. Washington, D.C. 20005-5292 W.SRMING: Unilcensed photocopying violates U5. copyright laws and will suBject the violator to legal prosecution. 1.3.7.8 If the O;vner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for revie;.v at least >.q days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knoti;riedge, serti-ices or responsibilities beyond the scope of this Agreement. 1.3.7.9 The Owner and Architect, respectivel}; bind themselves, their partners, successors, assigns and legal representatives to the other party to tlus Agreement and to the partners, stccessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. tieither the Oavner nor the Architect. shall assign this Agreemen± ;ti~ithout tl?e ;,=rit.ten consent of the other, except that the Ow=ner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the O;a=ner's rights and obligations under this Agreement.'I'he Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.6 TERNtINATION Oft SUSPENSION 1.3.8.1 If the Owner fails to make pa}~ments to the Architect in accordance ~,=ith this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, ai the Architect`s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend ser;=ices, prior to suspension of sen*ices, the Architect shaIl give seven da}=s' tivritten notice to the owner, Tr, the event of asuspension of ser;ices, the Ardhitect shall have no liabilit}= to the Owner for delay or damage caused the O;•vner because of such suspension of services. Fiefore resuuung ser;d.ces, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption arad resumption of the Architect's services. The Architect's fees far the remaining services and the time schedules shall be equitably adjusted, 1.3.8.2 If the Project is suspended b;=the Owner for more than ;a consecutive days, the Architect shall he compensated for sen~aces perfom~ed prier to notice of such suspension. ~1•'hen the Project is resumed, the Architect shall be compensated for expenses incuned in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time sd;edules shall be equitably adjusted. 1.3.8.3 If the Project is suspended or the architect's services are suspended for more than go consecutive days, the Arcl~iteci may terminate this Agreement b}=giving not Less than seven days' ;,=ritteu notice. 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' ;written notice should the other part}= fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' ~1=ritten notice to the Architect for the U;vner`s convenience ai.d ;;=labour cause. j~~i ~ 1.3.8.6 Iu the went of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together;=tall Reimbursable Expenses o, p then due and all Termination Expenses as defined in Subparagraph r.3.S.i. o. .o °a'r~',.,.~" 'o° ~ 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement AtA DOCUMENT 8141 1997 and include expenses directly attributable to termination for ;which the Architect is not otherw=ise STANDARD FORM COrmpensated, plus an amount for therlrchitect's anticipated profit on the value ofthe servicesnot AGREEMENT performed by the Architect. The American Institute of Architects 1735 New York Avenue, N.Ut, Washin;ton, D.C. 20006-5292 air?.i~€ti~!r-; Unlicensed photocopying viotafes U.S. copyright Izws and will subject the violator tc legal prosecution. 0 1.3.9 PAYMENTS 70 TH£ ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. \TO deductions shall be made fiom the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the fork other than those for which the Architect has been adjudged to he liable. 13.9.2 Keinnbursable Expenses are in addition to compensation for the 'Architect's services and include expenses incurred b}> the Architect and Architect's employees and consultants directly related to the Project, as identified in the follotiving Clauses: .1 transportation in connection with the Project, authorized Out-Of-ta11rI1 travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard. form documents, postage, handling and delivery of Instruments of Service; .a expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .s renderings, models and muck-ups requested by the Owner; .s expense of professional liability insurance dedicated exclusively to tlis Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph z.5.5~ .a other similar direct Project-related expenditures. 73.93 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owzner's authorized representative at mutually convenient times. 7.3.9.4 Direct Personnel Expense is defined as the direct salatzes of the Architect's personnel engaged on the Project and the portion of the cast of their mandatory and customazy contributions and benefits related thereto, such as empl.o}~znent taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirennent plans and sinnilar contributions. ARTICLE 1.4 5COPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 7.4.1 Enumeration of Parts of the Agreement. 'Phis Agreement represents the entire and integrated agreement bet~~reen the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written inslrun'zent signed by both Ora=ner and Architect. Tlnis Agreement comprises the documents listed below. 7.4.7.7 Standard Form of Agreement Between Owner and Architect, AIA Document B>~}z-z997 1.4.7.2 Standard Form of Architect's Sez-v-ices: Design and Contract Administration, AIA Document Bz4z-2997, or as follows: (List other documents, if any, delitreatingArchiteci's scope of services,) 7.4,73 Other documents as folluws: (Lisa other docuntenfs, if any, forming part of theAgreer:reni.} ~~ IIII a, a a. .o oQ.~.~o L~ ©1947 AIA~ AfA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 6YAnialPSG: Unlicensed photocopying violates U.s. copyright Saws and will subject The violator to legal prosecution. LJ ~~ 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article i.4, compensation shall be computed as follows: ` Orange County Office Building $249,235.00 (Two hundred forty nine thousand two hundred thiri~y five dollars), $b4,871.00 of which wi11 be reimbursed by the County to the Developer for invoices previously paid. Orange County Library $148,571.00 (One hundred forty eight thousand five hundred seventy one dollars), $39,249.00 of which will be reimbursed by the County to the Developer for invoices previously paid. 1.5.2 If the services of the Architect are changed as described in Subparagraph 1..3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph 1.5.2, iri an equitable manner • (Insert basis of compeiuatzon, irtctuding rates and multiples of Direct Personnel Fxpense for Principals and employees, and identify Principals and classify employees, if required, Tdentify specific services to tvl:ich partic- ular methods of cwnpeusatiort apply.) 1.53 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one (1.0 }times the amounts billed to the .architect for such sez«ces. 1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of one (1.0 )times the expenses incurred by the Architect, and the Architect's employees and consultants. ~~al 1.5.5 Other Reimbursable Fxpeuses, if any, are as follotivs: a o o, .o Qf7 ~ C+° . L~ 01997 AIAO AIA DOCUMEKT 8141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5242 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. C 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance wilh their normal salary review practices. i.5.7 An initial payment o£ iJ/A Dollars (s )shall lae made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. i.5.8 Payments are due and payable twenty five ( 25 )days from the date of the Architect's invoice. Amounts unpaid fifteen ( 15 )days after the invoice date shall bear interest at the rate entered beIotiv, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest ngreed upon.) (Usury Imes mad requirements under tlae Pederal'li•uth in LendingtSct, similar state anti local cvnsunaer credit laws crud other regulations ai the Owners arrd.~trchitcct's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifccations, and also retarding requirements such as written disclosures nr waivers.) L5.9 If the services covered by this eighteen ( 1$ Architect, ea~.ension of the rrchitect's se provided i.n Paragraph t.5.z. Agreement have not been completed within )months of the date hereof, thxough no fault of the vices beyond that time shall be compensated as This Agreement entered into as of the day and year first written above. OWNER (Signature) ARCHITECT (Signature) Samuel Brockwell, President (Printed nanac and title) (Printed name mad title) t:AUT-pN: 3''ou slaorald sign an oribrinal AI.~! document or a licensed reproderction. Uriginais contain the rUlt Toga printed in red; licensed reproductions are those produced in accordmace tivith fire Instrrtctions to this document. /~ ~~~~~d °~~'' m7997 AIA® AIA DOCUMENT Bi41-1947 STANDARD FORM AGREEMENT The American institute of Architects 1735 New York Avenue, N.W. Washington, D,C. 20006-5292 tldi+i33~I1~iG: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. t~ Engineered Designs, Inc. 5540 Centerview Dr, Suite 3 15 Raleigh, NC 27606 Ph. 9 19.851.848 I Fax 9 19.851.9703 August 7"', 2006 Mr. George Norton Telesis Construction Management Company 1000 Corporate Dr., Suite 109 Hillsborough, NC 27278 RE: Gateway Center - Office Building #2 Dear George, Thank you for your interest in obtaining our services for the above referenced project. Based on our discussions last week, we understand the project scope of services to include the plumbing, electrical, and I-NAC design for amulti-story office building. Below is our understanding of the scope for this building: Gate ~ Building #2 {46 000 sq ft multiple stories) .....................................................$67,600.00 This building will be designed with the fallowing services: ^ Meetings as required to gather design information. D Design of plumbing waste, vent, and water piping systems and fixture selection, etc. for a complete plumbing system for the restrooms and break-rooms on each floor. A secondary waste system to be used for "grey-water' reuse will be designed for the waste system from all sinks. NOTE: All services will terminate 5' from building. It is assumed a Civil Engineer will continue the routing of services from this point outward.) Q Design of electrical power system for building. Design will include main electrical sexvice sizing, lighting layout and circuitry, receptacle layout and circuitry, emergency and exit lighting layout, panel schedules, main riser diagram, connected load summary, and details. ^ Design of secondary systems to include location of termination points for phone, network and cable systems, based on input of requirements by owner. Design will not include detailed wiring diagrams for any of these systems. It is assumed detailed wiring diagrams will be provided by vendorfor each system.) ^ I-NAC design including thermal load calculations, unit selection and placement, dud routing and sizing, details, and specifications. Design will conform to 2002 Mechanical Code for ventilation requirements. ^ Design of Fire alarm system including location of horn and strobe devices in accordance with NEC requirements, battery calculations, and performance specification for fire alarm system. ^ Preparing the building for connection of an emergency generator far the future will be included in the scope of the design. This will include determination of generator load, panel design, and sizing and spec cation of an Automatic Transfer Switch. ^ Spedfications on drawings. Some items not included in the fee listed above are as follows: ^ Construction Administration Services (NOTE: It is assumed all services after completion of design and issuance of permits will be considered as additional services and will be billed in accordance with the attached rate schedule.) ^ Building secondary electrical system design such as intercom, network, phone, etc. ^ Specialty Lighting design ^ Site Lighting design Page 'U~ ~ ^ Gateway Center -Building #2 Engineered Designs, Inc. ^ Utility metering orsub-metering design ^ Bound specifications j Also, as based on our discussions and the proposal for Orange Co., we propose the following optional ~ / costs: f a. Life Cycle Cost Analysis for any building for feasibility of higher-eff. systems......$ 0.00 b. Constnxtion Administration Services i nduded in this cost v~ill be monthly site visits for the duration of construction, field reports, response to RFl's from contractor, shop drawing review, bid assistance to sub-contractors, above- /~ ceiling inspections, pre final and final inspections. This service can be provided for each buildi t f a lump sum fee as listed below: Office Building #2 (Est. 8 months C/A) ............................................. ,x{00.00 Please let us know if any of these items are needed so we can revise our pro al accordingly. EDi requires the following items prior to initiation of design: ^ The architect should provide CAD files compatible with AutoCAD 2006. ^ The architect should provide floor plans with a layer structure that incorporates rated wall designations, equipment locations, plumbing fixtures, courrters and furniture elements. ^ Any input from the building owner should be provided early in the design process. Any owner changes that occur after the completion of 50% design completion that require n=-work of major design elements will be Considered additional services and will be billed accordingly. We hope these costs meet with your expectations, and we appredate the opportunity to work with you and your company. Please calf if we can be of assistance on other issues. Thank you, e P/ M. Ginger Scoggins, PE TERMS OF COMPENSAT}ON: The fee for this project will be billed at the completion of design. All payments are due 30 days after receipt of invoice. Payments not received 90 days after invoice are subject to a 1 % finance charge per month until received. NOTICE TO PROCEED: If you are in agreement as to the contents of this proposal, and would like to authorize the commencement of the design as stated above, please sign in location provided and return to Engineered Designs, Inc, (Fax 9 19-85 I -9703). Please note that all terms and fees stated in this proposal are valid for a period of 30 days Page 2 ~7 Gateway Center -Building #2 Engneered Designs, Inc. from the date of proposal. If project authorization or design has not commenced within the 30-day period, all fees are subject to review and alteration. ~tative Date ..- Page 3 ~~/~.. /~ Gateway Center -Building #2 Engineered Designs, Inc. METHOD OF CHARGING FOR PROFESSIONAL SERVICES RATE SCHEDULE FEES: Personnel Classification (per hour) A. Clerical $46.00 B. CADD Operator $55.00 00 $60 C. Jr. Technical Designer (less than 5 years experience} . D. Jr. Project Engineer (EI) $75.00 E. Technical Designer (5-10 years experience) $80.00 F. Sr. Technical Designer {greater than 10 years experience) $85.00 G. Project Engineer (PE) $95.00 H. Project Managerll"eam Leader $ I ! 0.00 I. Principal $ 130.00 REIMBURSABLE EXPEN5ES: Reimbursable expenses are in addition to compensation for professional senrices and indudenut-of-pocket expenditures advanced in the interest of the project. Automobile Mileage Travel, Subsistence, Postage, Long Distance Telephone Outside Consultants 0% Reproduction Expenses: Biueline Print Translucent Bond Xerox Copies INVOICING: Invoices shall be issued monthly for services rendered and are payable upon receipt. (per mile) $0.44 Billed at Cost Billed at Cast plus (per sq. ft) $0.30 $ I.00 $0.20 Page 4 '~ I~~I'~ Engineered Designs, (nc. 5540 Centerview Dr, Suite 315 Raleigh, NC 27606 Ph. 9 19.851.848 I Fax 919.851.9703 August 7"', 2006 Mr. George Norton Telesis Construction Management Company 1000 Corporate Dr., Suite 109 Hillsborough, NC 27278 RE: Gateway Center- Library Dear George, Thank you for your interest in obtaining our services far the above referenced project. Based on our discussions last week, we understand the project scope of services to include the plumbing, electrical, and HVAC design fora 24,000 sq. ft. library. Below is our understanding of the scope for this building: Library !24,000 sq. ft.) ....................................................................................................$35,440.00 This building will be designed with the following services: ^ Meetings as required to gather design information. ^ Design of plumbing waste, vent, and water piping systems and fixture selection, etc. for a complete plumbing system for the restrooms. A secondary waste system to be used for "gray-water" reuse will be designed for the waste system from~all sinks. NOTE: All services will terminate S' from building. It is assumed a Civil Engineer will continue the routing of services from this point outward.) ^ Design of electrical power system for building. Design will include main electrical service sizing, lighting layout and circuitry, receptacle layout and circuitry, emergency and exit lighting layout, panel schedules, main riser diagram, connected load summary, and details. ^ Design of secondary systems to include location of termination points for phone, network and cable systems, based on input of requirements by owner. Design will not include detailed wiring diagrams for any of these systems. It is assumed detailed wiring diagrams will be provided by vendor for each system.) ^ HVAC design including thermal load calculations, unit selection and placement, duct routing and sizing, details, and specifications. Design will conform to 2002 Mechanical Code for ventilation requirements. ^ Design of Fire alarm system including location of hom and strobe devices in accordance with NEC requiremerrts, battery calculations, and performance specification for fire alarm system. ^ Specifications on drawings. Some items not included in the fee listed above are as follows: ^ Construction Administration Services (NOTE: It is assumed all services after completion of design and issuance of permits will be considered as additional services and will be billed in accordance with the attached rate schedule.) ^ Building secondary electrical system design such as intercom, network, phone, etc. ^ Specialty Lighting design O Site Lighting design ^ Utility metering or sub-metering design ^ Bound specifications ~~ acs Gateway Center - Lbrary ®. Engineered Designs, Inc. Also, as based on our discussions and the proposal for Orange Co., we propose the following optional costs: ~ a. Life Cycle Cost Analysis for any building for feasibility of higher-eff. systems.....$3, .00 b. Construction Administration Services Included in this cost v~ill be monthly site visits for the duration of construction, field reports, /~ response to RFI's from contractor, shop drawing review, bid assistance to sub-contract , abo - ~"vf ceiling inspections, pre-final and final inspections. This service can be provided for building at a lump sum fee as listed below; Library (Est. 6 months GA) .................................................. ...............$7,200.00 Please let us know if any. of these +tems are needed so we can revise our proposal accordingly. EDi requires the following items priorto initiation of design: ^ The architect should provide CAD files compatible with AutoCAD 2006. ^ The architect should provide floor plans with a layer structure that incorporates rated wall designations, equipment locations, plumbing fixtures, counters and furniture elements. ^ Any input from the building owner should be provided early in the design process. Any owner changes that occur after the completion of 50% design completion that require re-work of major design elements will be considered additional services and tivrl) be billed accordingly. We hope these costs meet with your expectations, and we appreciate the opportunity to work with you and your company. Please call if we can be of assistance on other issues. Thank you. ..ter ~ YF `~ Q ~~''~'c"'~ M. Ginger Scoggins, PE TERMS OF COMPENSATION: The fee for this project will be billed at the completion of design. All payments are due 30 days after receipt of invoice. Payments not received 90 days after invoice are subject to a I % finance charge per month until received. NOTICE TO PROCEED: If you are in agreement as to the contents of this proposal, and would like to authorize the commencement of the design as stated above, please sign in location provided and return to Engineered Designs, Inc. (Fax 919-851-9703): Please note that all terms and fees stated in this proposal are valid for a period of 30 days from the date of proposal. If project authorization or design has not commenced within the 30-day period, ~A es are subje to review and alteration, Aut rued esis Const. Mgmt. Representative Date~,,~~,.~ C/ l ~ ~ Page 2 a~ Gateway Center- Library Engineered Designs, Inc. METHOD OF CHARGING FOR PROFESSIONAL SERVICES RATE SCHEDULE FEES: Personnel Classification (per hour) A. Clerical $46.00 B. CADD Operator $55.00 C. Jr. Technical Designer (less than 5 years experience) $60.00 D. Jr. Project Engineer (EI) $75.00 E. Technical Designer (5-10 years experience) $80.00 F. Sr. Technical Designer(greaterthan 10 years experience) $85.00 G. Project Engineer (PE) $95.00 H. Project Manager/Team Leader $! 10.00 !. Principal $ 130.00 REIMBURSABLE EXPENSES: Reimbursable expenses are in addition to compensation for professional services and include out-of-pocket expenditures advanced in the interest of the project. Automobile Mileage Travel, Subsistence, Postage, Long Distance Telephone Outside Consultants 1036 Reprodudian Expenses: Blueline Print Translucent Bond Xerox Copies ENVOiciN~: Invoices shall be issued monthly for services rendered and are payable upon receipt. (per mile) $0.44 Billed at Cast Billed at Cost plus (per sq. ft) $0.30 $IAO $0.20 Page 3