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Agenda - 10-04-1993 - VIII-B
1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. \ IZ-B ACTION AGENDA ITEM ABSTRACT Meeting Date: October 4, 1993 SUBJECT: PUBLIC WORKS ARCHITECT; ACCEPTANCE OF RECOMMENDATION; APPROVAL OF CONTRACT DEPARTMENT: PURCHASING AND CENTRAL SERVICES PUBLIC HEARING:YES: NO:_ ATTACHMENT(S): INFORMATION CONTACT: CONTRACT PAM JONES, ext. 2650 Telephone Number- Hillsborough 732-8181 Chapel Hill 967-9251 Mebane 227-2031 Durham 688-7331 PURPOSE: To consider accepting the recommendation of the selection committee for the Public Works Maintenance Facility and approving a contract with Michael Hining Architects,Chapel Hill,NC. BACKGROUND: Pursuant to the attached Request for Proposal (RFP), (attachment 1),the selection committee reviewed 13 responses for the referenced facility. Three firms were invited to interview; Michael Hining Architect,Chapel Hill;O'Brien-Atkins,Research Triangle Park; and Piedmont Olsen- Hensley, Raleigh, NC. Interviews were held on September 10, 1993, with a subsequent recommendation of Michael Hining Architects. The selection committee included John Link,Jr.,Rod Visser, Wilbert McAdoo, Paul Thames and Pam Jones. Highlights of the project include: ♦The Maintenance Facility; •The computerized fueling station; 4A vehicle autobath, as funding allows; ♦Relocation of the present access road; and •Minimal renovation of the existing garage building Into a maintenance/storage area. Mr. Hining has submitted the attached fee proposal (attachment 2) which provides all services necessary to accomplish the scope of work cited In the RFP for a sum of$88,500, including the cost of reimbursables. Further, you may recall that although the Town of Hillsborough and the County agreed that it was not feasible to co-locate the two maintenance facilities, there was agreement on the shared use of the fueling facility and the investigation of potentially shared parking areas. The architect has been advised of this and is prepared to explore the possibilities. 2 It should be noted that the fee proposal lists eight areas which would carry additional costs, if the service is required. These services include: *Turn Lane at NC 86, if required by NC DOT *Water and Sewer extensions if not provided by the Town of Hillsborough *Full public planning/zoning related services (Basic fee includes administrative review) *Survey services, topographic or other *Soils engineering investigations *Environmental investigations *Environmental impact statements *Traffic impact statement it is customary that these costs are considered separately from the design contract and would be addressed appropriately as the need for service arises. This project is funded as follows: *Bond Proceeds $1,100,000 *Pay-as-you-go funds $ 60,000 TOTAL PROJECT BUDGET $1,160,000 The proposed schedule is as follows: +Programming/Master Planning 4 weeks *Preliminary Design 4 weeks *Construction Documents 8 weeks *Bidding 4 weeks *Contract Negotiations 2 weeks *Construction time (9 months) 36 weeks TOTAL PROJECT TIME 58 weeks RECOMMENDATION: The Manager recommends that the Board accept the recommendation of the selection committee and approve a contract,contingent upon attorney and staff review,with Michael Hining Architects, Chapel Hill, NC for services requested via the Request for Proposal; Orange County Public Works Maintenance Facility,for a sum of$88,500; and authorize the Chair to sign on behalf of the Board. T H E E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S .s��1ti ti/ RIGINAL SIGNATURES DATE =,: `O- 9- 9� co ITEM PT !T AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. • AGREEMENT made as of the fourth day of October in the year of Nineteen Hundred and Ninety Three BETWEEN the Owner: County of Orange (Name and address) c/o Department of Purchasing & Central Services P.O. Box 8181 132 East King Street Hillsborough, N.C. 27278 and the Architect: Michael Hining Architects, P.A. (Name and address) 100 Europa Dr. Suite 110 Chapel Hill, N.C. 27514 For the following Project: (Include detailed description of Project, location, address and scope.) Public Works Maintenance Facility at Hwy 86 N. Hillsborough, N.C. Programming Phase Site Master Planning Basic Architectural Services as described in Design Fee - Scope of Services, (Attachment C) Scope of work as described in attached Request For Proposal (Attachment D) The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948. 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 13141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION •AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, I'35 NEW YORK AVENUE,N.W.,WASHINGTON,D C.20006 8141-1987 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 schedule or construction budget, the Architect shall prepare, ARCHITECT'S RESPONSIBILITIES for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe 1.1 ARCHITECT'S SERVICES the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those services per- other elements as may be appropriate. formed by the Architect,Architect's employees and Architect's 2.3.2 The Architect shall advise the Owner of any adjustments consultants as enumerated in Articles 2 and 3 of this Agreement to the preliminary estimate of Construction Cost. and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the 2.4.1 Based on the approved Design Development Docu Architect shall submit for the Owner's approval a schedule for menu and any further adjustments in the scope or quality of the performance of the Architect's services which may be the Project or in the construction budget authorized by the adjusted as the Project proceeds, and shall include allowances Owner, the Architect shall prepare, for approval by the Owner. for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and 5pecifica approval of submissions by authorities having jurisdiction over tions setting forth in detail the requirements for the construe the Project. Time limits established by this schedule approved lion of the Project. by the Owner shall not,except for reasonable cause, be exceeded 2.4.2 The Architect shall assist the Owner in the preparation of by the Architect or Owner. the necessary bidding information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement are subject to tions of the Contract, and the form of Agreement between the the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. SCOPE OF ARCHITECT'S BASIC SERVICES 2.4.4 The Architect shall assist the Owner in connection with 2.1 DEFINITION the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction 2.1.1 The Architect's Basic Services consist of those described over the Project. in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services,and include normal struc- 2.5 BIDDING OR NEGOTIATION PHASE tural, mechanical and electrical engineering services. 2.5.1 The Architect, following the Owner's approval of the 2.2 SCHEMATIC DESIGN PHASE Construction Documents and of the latest preliminary estimate 2.2.1 The Architect shall review the program furnished by the of Construction Cost, shall assist the Owner in obtaining bids Owner to ascertain the requirements of the Project and shall or negotiated proposals and assist in awarding and preparing arrive at a mutual understanding of such requirements with the contracts for construction. Owner. 2.6 CONSTRUCTION PHASE—ADMINISTRATION 2.2.2 The Architect shall provide a preliminary evaluation of OF THE CONSTRUCTION CONTRACT the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- 2.6.1 The Architect's responsibility to provide Basic Services tions set forth in Subparagraph 5.2.1. for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates 2.2.3 The Architect shall review with the Owner alternative at the earlier of the issuance to the Owner of the final Certificate approaches to design and construction of the Project. for Payment or 60 days after the date of Substantial Completion 2.2.4 Based on the mutually agreed-upon program, schedule of the Work, unless extended under the terms of Subparagraph and construction budget requirements, the Architect shall 10.3.3. prepare, for approval by the Owner, Schematic Design Docu- 2.6.2 The Architect shall provide administration of the Con- ments consisting of drawings and other documents illustrating tract for Construction as set forth below and in the edition of the scale and relationship of Project components. AIA Document A201, General Conditions of the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Construction, current as of the date of this Agreement, unless estimate of Construction Cost based on current area,volume or otherwise provided in this Agreement. other unit costs. 2.6.3 Duties,responsibilities and limitations of authority of the 2.3 DESIGN DEVELOPMENT PHASE Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of 2.3.1 Based on the approved Schematic Design Documents the Contractor, which consent shall not be unreasonably and any adjustments authorized by the Owner in the program, withheld. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 BI41-1987 2 2.6.4 The Architect shall be a representative of and shall advise quantity of the Work. (2) reviewed construction means, meth- and consult with the Owner(1)during construction until final ods, techniques, sequences or procedures, (3)reviewed copies payment to the Contractor is due, and(2)as an Additional Ser- of requisitions received from Subcontractors and material sup- vice at the Owner's direction from time to time during the cor- pliers and other data requested by the Owner to substantiate rection period described in the Contract for Construction. The the Contractor's right to payment or(4)ascertained how or for Architect shall have authority to act on behalf of the Owner what purpose the Contractor has used money previously paid only to the extent provided in this Agreement unless otherwise on account of the Contract Sum. modified by written instrument. 2.6.11 The Architect shall have authority to reject Work which 2.6.5 The Architect shall visit the site at intervals appropriate does not conform to the Contract Documents. Whenever the to the stage of construction or as otherwise agreed by the Architect considers it necessary or advisable for implementa- Owner and Architect in writing to become generally familiar Lion of the intent of the Contract Documents,the Architect will with the progress and quality of the Work completed and to have authority to require additional inspection or testing of the determine in general if the Work is being performed in a man- Work in accordance with the provisions of the Contract Docu- ner indicating that the Work when completed will be in accor- ments, whether or not such Work is fabricated, installed or dance with the Contract Documents. However, the Architect completed.However,neither this authority of the Architect nor shall not be required to make exhaustive or continuous on-site a decision made in good faith either to exercise or not to exer inspections to check the quality or quantity of the Work, On else such authority shall give rise to a duty or responsibility of the basis of on-site observations as an architect, the Architect the Architect to the Contractor, Subcontractors, material and shall keep the Owner informed of the progress and quality of equipment suppliers, their agents or employees or other per- the Work, and shall endeavor to guard the Owner against sons performing portions of the Work. defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as 2.6.12 The Architect shall review and approve or take other described in Paragraph 3.2.) appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited 2.6.6 The Architect shall not have control over or charge of purpose of checking for conformance with information given and shall not be responsible for construction means, methods, and the design concept expressed in the Contract Documents. techniques, sequences or procedures,or for safety precautions The Architect's action shall be taken with such reasonable and programs in connection with the Work, since these are promptness as to cause no delay in the Work or in the con- solely the Contractor's responsibility under the Contract for struction of the Owner or of separate contractors, while allow- Construction. The Architect shall not be responsible for the ing sufficient time in the Architect's professional judgment to Contractor's schedules or failure to carry out the Work in accor- permit adequate review. Review of such submittals is not con- dance with the Contract Documents. The Architect shall not ducted for the purpose of determining the accuracy and corn- have control over or charge of acts or omissions of the Contrac- pleteness of other details such as dimensions and quantities or tor, Subcontractors, or their agents or employees, or of any for substantiating instructions for installation or performance o other persons performing portions of the Work. equipment or systems designed by the Contractor.all of which remain the responsibility of the Contractor to the extent 2.6.7 The Architect shall at all times have access to the Work required by the Contract Documents. The Architect's review wherever it is in preparation or progress. shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction 2.6.8 Except as may otherwise be provided in the Contract means, methods, techniques, sequences or procedures. The Documents or when direct communications have been spe- Architect's approval of a specific item shall not indicate cially authorized, the Owner and Contractor shall communicate approval of an assembly of which the item is a component. through the Architect. Communications by and with the Archi- When professional certification of performance characteristics tect's consultants shall be through the Architect. of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such 2.6.9 Based on the Architect's observations and evaluations of certification to establish that the materials, systems or equip- the Contractor's Applications for Payment, the Architect shall ment will meet the performance criteria required by the Con- review and certify the amounts due the Contractor. tract Documents, 2.6.10 The Architect's certification for payment shall consti- 2.6.13 The Architect shall prepare Change Orders and Con- tute a representation to the Owner, based on the Architect's struction Change Directives, with supporting documentation observations at the site as provided in Subparagraph 2.6.5 and and data if deemed necessary by the Architect as provided in on the data comprising the Contractor's Application for Pay- Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and ment. that the Work has progressed to the point indicated and execution in accordance with the Contract Documents, and that. to the best of the Architect's knowledge, information and may authorize minor changes in the Work not involving an belief, quality of the Work is in accordance with the Contract adjustment in the Contract Sum or an extension of the Contract Documents. The foregoing representations are subject to an Time which are not inconsistent with the intent of the Contract evaluation of the Work for conformance with the Contract Documents. Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- 2.6.14 The Architect shall conduct inspections to determine tract Documents correctable prior to completion and to spe- the date or dates of Substantial Completion and the date of final cific qualifications expressed by the Architect.The issuance of a completion, shall receive and forward to the Owner for the Certificate for Payment shall further constitute a representation Owner's review and records written warranties and related that the Contractor is entitled to payment in the amount certi- documents required by the Contract Documents and assent- fied. However, the issuance of a Certificate for Payment shall bled by the Contractor,and shall issue a final Certificate for Pay- not he a representation that the Architect has(1)made exhaus- ment upon compliance with the requirements of the Contract tive or continuous on-site inspections to check the quality or Documents. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA® • [98- 3 B141-1967 THE AMERI CAN INSTITUTE OF ARCHITECTS,1'35 NEW YORK AVENUE,N.W.,WASHINGTON.D C _'nut u 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- cerning performance of the Owner and Contractor under the tatives, the Architect shall endeavor to provide further protec- requirements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work, either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not such requests shall be made with reasonable promptness and modify the rights,responsibilities or obligations of the Architect within any time limits agreed upon. as described elsewhere in this Agreement, 2.6.16 Interpretations and decisions of the Architect shall be 3.3 CONTINGENT ADDITIONAL SERVICES consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other drawings. When making such interpretations and initial deci- documents when such revisions are: sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor,shall not show partiality ,1 inconsistent with approvals or instructions previously to either, and shall not be liable for results of interpretations or given by the Owner, including revisions made neces- decisions so rendered in good faith. sary by adjustments in the Owner's program or Proj- 2.6.17 The Architect's decisions on matters relating to aesthe- ec[ budget; tic effect shall be final if consistent with the intent expressed in .2 required by the enactment or revision of codes, laws the Contract Documents. or regulations subsequent to the preparation of such documents; or 2.6.18 The Architect shall render written decisions within a reasonable time on all claims,disputes or other matters in ques- .3 due to changes required as a result of the Owner's fail- tion between the Owner and Contractor relating to the execu- ure to render decisions in a timely manner. tion or progress of the Work as provided in the Contract Documents. 3.3.2 Providing services required because of significant 2.6.19 The Architect's decisions on claims, disputes or other changes in the Project including, but not limited to, size, qual- matters, including those in question between the Owner and ,ty, complexity, the Owner's schedule, or the method of bid- Contractor, except for those relating to aesthetic effect as pro- ding or negotiating and contracting for construction,except for vided in Subparagraph 2.6.17, shall be subject to arbitration as services required under Subparagraph 5:2.5. provided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals. and providing other services in connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent 3.1 GENERAL revisions to Drawings, Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12,and they shall 3.3.5 Providing consultation concerning replacement of Work be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur- be services required in connection with the replacement addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided of such Work, if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor, by major defects or deficiencies in the Work of the 3.3 are required due to circumstances beyond the Architect's Contractor,or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to corn- Contractor under the Contract for Construction. mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection indicates in writing that all or part of such Contingent Addi- with the Work. tional Services are not required, the Architect shall have no obli- 3.3.8 Providing services in connection with a public hearing. gallon to provide those services. arbitration proceeding or legal proceeding except where the 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. SERVICES 3.3.9 Preparing documents for alternate,separate or sequential bids or providing services in connection with bidding, negotia- 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6,5 is required, the Architect shall tion or construction prior to the completion of the Construe provide one or more Project Representatives to assist in carry- ing [ion Documents Phase. out such additional on-site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- 3.4.1 Providing analyses of the Owner's needs and program- sated therefor as agreed by the Owner and Architect. The ming the requirements of the Project. duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial feasibility or other special studies. Representatives shall he as described in the edition of AIA Document B352 current as of the date of this Agreement,unless 3.4.3 Providing planning surveys, site evaluations or corn- otherwise agreed. partitive studies of prospective sites. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION• AIA • ,c,198' THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 8141-1987 4 3.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals of governmental authorities the Project,including the Construction Cost,the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to future facilities, systems 4.3 If requested by the Architect, the Owner shall furnish evi- and equipment. dence that financial arrangements have been made to fulfill the 3.4.6 Providing services to investigate existing conditions or. Owner's obligations under this Agreement, facilities or to make measured drawings thereof. 4.4 The Owner shall designate a representative authorized to 3.4.7 Providing services to verify the accuracy of drawings or act on the Owner's behalf with respect to the Project. The other information furnished by the Owner. Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderly separate contractors or by the Owner's own forces and coordi- and sequential progress of the Architect's services, nation of services required in connection with construction performed and equipment supplied by the Owner. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site 3.4.9 Providing services in connection with the work of a con- of the Project, and a written legal description of the site. The struction manager or separate consultants retained by the surveys and legal information shall include, as applicable, Owner. g rades and lines of streets, alleys,, pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- 3.4.11 Providing detailed quantity surveys or inventories of tions, boundaries and contours of the site; locations, dimen- material, equipment and labor. sions and necessary data pertaining to existing buildings, other 3.4.12 Providing analyses of owning and operating costs. improvements and trees; and information concerning available utility services and lines, both public and private, above and 3.4.13 Providing interior design and other similar services below grade, including inverts and depths. All the information required for or in connection with the selection, procurement on the survey shall be referenced to a project benchmark. or installation of furniture, furnishings and related equipment. 4.6 The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces. neers when such services are requested by the Architect. Such 3.4.15 Making investigations, inventories of materials or equip- services may include but are not limited to test borings, test ment, or valuations and detailed appraisals of existing facilities. pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials,ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show- tivity tests, including necessary operations for anticipating sub- ing significant changes in the Work made during construction soil conditions, with reports and appropriate professional based on marked-up prints, drawings and other data furnished recommendations. by the Contractor to the Architect. 4.6.1 The Owner shall furnish the services of other consul- 3.4.17 Providing assistance in the utilization of equipment or tants when such services are reasonably required by the scope systems such as testing,adjusting and balancing, preparation of of the Project and are requested by the Architect. operation and maintenance manuals, training personnel for 4.7 The Owner shall furnish structural, mechanical, chemical, operation and maintenance,and consultation during operation. air and water pollution tests, tests for hazardous materials, and 3.4.18 Providing services after issuance to the Owner of the other laboratory and environmental tests, inspections and final Certificate for Payment, or in the absence of a final Cer- reports required by law or the Contract Documents. tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 4.8 The Owner shall furnish all legal,accounting and insurance 3.4.19 Providing services of consultants for other than archi- counseling services as may be necessary at any time for the tectural, structural, mechanical and electrical engineering por- Project, including auditing services the Owner may require to lions of the Project provided as a part of Basic Services, verify the Contractor's Applications for Payment or to ascertain • how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner, this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 4.9 The services, information,surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents. 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements for the Project, including a program which shall requested of the Architect or Architect's consultants shall be set forth the Owner's objectives, schedule,constraints and cri- submitted to the Architect for review and approval at least 14 teria, including space requirements and relationships, flexi- days prior to execution. The Owner shall not request certifica- bility, expandability, special equipment, systems and site tions that would require knowledge or services beyond the requirements. scope of this Agreement. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AlAo • ©198- 5 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W,WASHINGTON.D.C.20006 ARTICLE 5 .3 if the Project is abandoned, terminate in accordance CONSTRUCTION COST with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as 5.1 DEFINITION required to reduce the Construction Cost. 5.1.1 The Construction Cost shall he the total cost or esti 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.-t. mated cost to the Owner of all elements of the Project designed the Architect, without additional charge, shall modify the Con- or specified by the Architect. tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall he the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit. equipment designed, specified, selected or specially provided The Architect shall be entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or nut tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced, ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specifications and other documents pre- 5.2 RESPONSIBILITY FOR CONSTRUCTION COST pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budget, preliminary and, unless otherwise provided, the Architect shall be deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law. struction Cost, if any, prepared by the Architect, represent the statutory and other reserved rights, including the copyright Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies,including repro- the construction industry. It is recognized, however, that nei- ducible copies, of the Architect's Drawings, Specifications and ther the Architect nor the Owner has control over the cost of other documents for information and reference in connection labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project, The Archi- of determining bid prices,or over competitive bidding,market tect's Drawings, Specifications or other documents shall not he or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects,for additions to and does not warrant or represent that bids or negotiated prices this Project or for completion of this Project by others, unless will not vary from the Owner's Project budget or from any the Architect is adjudged to be in default under this Agreement. estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen- to by the Architect. sation to the Architect. 5.2.2 No fixed limit of Construction Cost shall he established 6.2 Submission or distribution of documents to meet official as a condition of this Agreement by the furnishing, proposal or regulatory requirements or for similar purposes in connection establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in deroga- been agreed upon in writing and signed by the parties hereto.If tion of the Architect's reserved rights. such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment,com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in ARTICLE 7 the scope of the Project and to include in the Contract Docu- ARBITRATION ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any,shall be increased in the amount of an increase in the Contract Sum occurring after execution of the 7.1 Claims, disputes or other matters in question between the Contract for Construction, parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arhi- 5.2.3 If the Bidding or Negotiation Phase has not commenced tration in accordance with the Construction Industry Arbitra- within 90 days after the Architect submits the Construction tion Rules of the American Arbitration Association currently in Documents to the Owner, any Project budget or fixed limit of effect unless the parties mutually agree otherwise. Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the 7.2 Demand for arbitration shall be filed in writing with the date of submission of the Construction Documents to the other party to this Agreement and with the American Arbitra- tion Association.A demand for arbitration shall be made within Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- a reasonable time after the claim, dispute or other matter in 5.2.4 in Subparagraph of x Construction s exceeded Cost the lowest bona question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings based on such claim, dispute or other matter in .1 give written approval of an increase in such fixed question would be barred by the applicable statutes of limitations. limit; 7.3 No arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Project shall include,by consolidation,joinder or in any other manner, within a reasonable time; an additional person or entity not a party to this Agreement, AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 6 except by written consent containing a specific reference to .2 Ten percent of the total compensation for Basic and this Agreement signed by the Owner,Architect, and any other Additional Services earned to date if termination person or entity sought to be joined. Consent to arbitration occurs during the Design Development Phase; or involving an additional person or entity shall not constitute .3 Five percent of the total compensation for Basic and consent to arbitration of any claim, dispute or other matter in Additional Services earned to date if termination question not described in the written consent or with a person occurs during any subsequent phase. or entity not named or described therein. The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance ARTICLE 9 with applicable law in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 7.4 The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with 9.1 Unless otherwise provided, this Agreement shall be gov- applicable law in any court having jurisdiction thereof. emed by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as ARTICLE 8 those in AIA Document A201, General Conditions of the Con- tract for Construction,current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties to this Agreement 8.1 This Agreement may be terminated by either party upon pertaining to acts or failures to act shall be deemed to have not less than seven days' written notice should the other party accrued and the applicable statutes of limitations shall tom fail substantially to perform in accordance with the terms of this mence to run not later than either the date of Substantial Corn- Agreement through no fault of the party initiating the termination. pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for 8.2 If the Project is suspended by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for ser- Completion. vices performed prior to notice of such suspension. When the 9.4 The Owner and Architect waive all rights against each Project is resumed, the Architect's compensation shall be equi- tably adjusted to provide for expenses incurred in the interrup other and against the contractors, consultants, agents and lion and resumption of the Architect's services, employees of the other for damages,but only to the extent cov- ered by property insurance during construction, except such 8.3 This Agreement may be terminated by the Owner upon rights as they may have CO the proceeds of such insurance as set not less than seven days' written notice to the Architect in the forth in the edition of AIA Document A201,General Conditions event that the Project is permanently abandoned. If the Project of the Contract for Construction, current as of the date of this is abandoned by the Owner for more than 90 consecutive days, Agreement. The Owner and Architect each shall require similar the Architect may terminate this Agreement by giving written waivers from their contractors, consultants and agents. notice. 9.5 The Owner and Architect, respectively, bind themselves. 1.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agreement shall be considered substantial the other party to this Agreement and to the partners, succes- nonperformance and cause for termination, sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor 8.5 If the Owner fails to make payment when due the Archi- Architect shall assign this Agreement without the written con- tect for services and expenses, the Architect may, upon seven sent of the other. days' written notice to the Owner,suspend performance of ser- vices under this Agreement. Unless payment in full is received 9.6 This Agreement represents the entire and integrated agree- by the Architect within seven days of the date of the notice, the ment between the Owner and Architect and supersedes all suspension shall take effect without further notice. In the event prior negotiations, representations or agreements, either writ- of a suspension of services, the Architect shall have no liability ten or oral. This Agreement may be amended only by written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services. 9.7 Nothing contained in this Agreement shall create a contrac- 8.6 In the event of termination not the fault of the Architect, tual relationship with or a cause of action in favor of a third the Architect shall he compensated for services performed prior party against either the Owner or Architect. to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.,. 9.8 Unless otherwise provided in this Agreement,the Architect and Architect's consultants shall have no responsibility for the 8.7 Termination Expenses are in addition to compensation for discovery, presence, handling, removal or disposal of or expo- Basic and Additional Services, and include expenses which are sure of persons to hazardous materials in any form at the Project directly attributable to termination. Termination Expenses shall site, including but not limited to asbestos, asbestos products, be computed as a percentage of the total compensation for polychlorinated biphenyl(PCB)or other toxic substances. Basic Services and Additional Services earned to the time of ter- mination, as follows: 9.9 The Architect shall have the right to include representa- tions of the design of the Project,including photographs of the .1 Twenty percent of the total compensation for Basic exterior and interior, among the Architect's promotion-al and and Additional Services earned to date if termination professional materials. The Architect's materials shall not occurs before or during the predesign,site analysis,or include the Owner's confidential or proprietary information if Schematic Design Phases; or the Owner has previously advised the Architect in writing of AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA® • lyt' 7 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1-35 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20000 the specific information considered by the Owner to be confi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- 10.3.1 An initial payment as set forth in Paragraph 11.1 is the motional materials for the Project. minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- ARTICLE 10 vices performed within each phase of service, on the basis set PAYMENTS TO THE ARCHITECT forth in Subparagraph 11.2.2. • 10.3.3 If and to the extent that the time initially established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11.5.1 of this Agreement is exceeded or extended trog no fault of the 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during t eradditionall period tof time shall ser- he salaries of the Architect's personnel engaged on the Project and computed in the manner set forth in Subparagraph 11.3.2. the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment 10.3.4 When compensation is based on a percentage of Con- taxes and other statutory employee benefits, insurance, sick struction Cost and any portions of the Project are deleted or leave, holidays, vacations, pensions and similar contributions otherwise not constructed, compensation for those portions of and benefits. the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 1 1.2.2, based on(1)the lowest bona tide 10.2 REIMBURSABLE EXPENSES bid or negotiated proposal, or(2) if no such hid or proposal is 10.2.1 Reimbursable Expenses are in addition to compensa received, the most recent preliminary estimate of Construction tion for Basic and Additional Services and include expenses Cost or detailed estimate of Construction Cost for such pc;r- incurred by the Architect and Architect's employees and con- [ions of the Project. sultants in the interest of the Project, as identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses. SERVICES 10.2.1.1 Expense of transportation in connection with the 10.4.1 Payments on account of the Architect's Additional Project; expenses in connection with authorized out-of-town - Services and for Reimbursable Expenses shall be made monthly travel; long-distance communications; and fees paid for secur- ject. upon presentation the Architect's statement of services ren- ing approval of authorities having jurisdiction over the Prot incurred. or expenses ncurred. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.5 PAYMENTS WITHHELD 10.2.1.3 If authorized in advance by the Owner, expense of 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other overtime work requiring higher than regular rates. sums withheld from payments to contractors,or on account of 10.2.1.4 Expense of renderings, models and mock-ups requested the cost of changes in the Work other than those for which the by the Owner. Architect has been found to be liable. 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and 10.6.1 Records of Reimbursable Expenses and expenses per Architect's consultants. taining to Additional Services and services performed on the • basis of a multiple of Direct Personnel Expense shall he avail- 10.2.1.6 Expense of computer-aided design and drafting able to the Owner or the Owner's authorized representative at equipment time when used in connection with the Project, mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of shall he made upon execution of this Agreement and credited to the Owner's account at final paymeDollars($ —0— 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall he computed as follows: $88,500.00 (insert basis of compensation, including stipulated sums. multiples or percentages, and identifl phases tr, which particular methods of compensation appir. if ncr-ecaar7'I Refer to attached Design Fee - Scope of Services for fee breakdown (Attachment C) AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AfA® • 'S 198, THE AMERICAN INSTITUTE OF ARCHITECTS. I-SS NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141.1987 8 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Programming Phase- 7% Site Master Planning Phase 7% Schematic Design Phase: percent( 1 3%) Design Development Phase: percent( 21%) Construction Documents Phase: percent( 30%) Bidding or Negotiation Phase: percent( 5 %) Construction Phase: percent( 17%) Total Basic Compensation: one hundred percent(100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: To be negotiated if necessary. None anticipated at this time. • 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation,as described in Paragraph 3.2,and(2)services included in Article 12 as part of Additional Services,but excluding ser- vices of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and class+Ji employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) To be negotiated if necessary. None anticipated at this time. • 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of ( 1.10 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES,as described in Paragraph 10.2,and any other items included in Article 12 as Reimbursable Expenses,a multiple of ( 1.10 )times the expenses incurred by the Architect,the Architects employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within ( 18 )months of the date hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall he compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable fourteen ( 14 ) days from the date of the Architect's invoice. Amounts unpaid thirty ( 30 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 1.5%/month (Usury laws and requirements under the Federal Truth in Lending Act.similar state and local consumer credit laws and other regulations at the Owner's and Archi- tect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.Specific legal advice should he obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION• MA* • ©198' 9 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE CLE 12 OTHER CONDITIONS OR SERVICES (insert descriptions of other services. identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) (1) Attachment A - Modification to Standard AIA Contract B141 (2) Attachment B - Clarifications to the Scope of Services included within the Total Design contract. (3) Attachment C - Design Fee-Scope of Services (4) Attachment D - Request for Proposal Architectural Services Orange County Public Works Maintenance Facility • This Agreement entered into as of the day and year first written above. OWNER ARCHITECT /� (Si.nat re) I (Signatu e) Moses Carey, Jr. , Chai Michael J. Hining, President (Printed name and title) Orange County Board of Commissioners (Printed name and title) AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•A1A° • © 987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 8141-1987 10 EXHIBIT "A" MODIFICATIONS OF THE STANDARD MA CONTRACT DOCUMENT B141 THE FOLLOWING SECTIONS ARE MODIFIED TO READ: Article 1, paragraph 1.1.2: The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the work. Upon request of the Owner,the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted by mutual agreement of the Owner and the Architect, as the project proceeds, and shall include allowances for periods of time required for the Owner's review and for the approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonably cause, be exceeded by the Architect or Owner. Neither the Architect nor the Owner shall be required to make up time lost by the other party. Article 2, paragraph 2.2.1: The Architect shall furnish a program to the Owner, as Basic Services, to ascertain the requirements of the project and shall arrive at a mutual understanding of such requirements with the Owner, and shall submit such understanding in writing, and shall furnish a copy to the Owner for its approval before proceeding with preliminary designs. Article 2, paragraph 2.4.1: Based on the approved Design Development documents and any further adjustments in the scope or quality of the Project, or in the construction budget authorized by the Owner,the Architect shall prepare,for approval by the Owner,Construction Documents consisting of Drawings and Specifications setting forth in detail the work required for the Architectural, Structural, Mechanical, Electrical, service-connected equipment, and site work, and the necessary general conditions of the Contract. He shall provide the services of Professional Structural, Mechanical, Civil and Electrical Engineers, qualified by training and experience in their respective fields as needed to address the requirements of the project as defined herein; and shall require such professional engineers to place their seal, name and signature on the drawings and specifications prepared by them. Article 2, paragraph 2.4.2: The Architect, after consultation with Owner, shall prepare the necessary bidding information and bid forms to comply with public building laws as set forth in North Carolina General Statutes Chapter 143,including the necessary information required by Chapter 87 of the North Carolina General Statutes pertaining to the licensing of contractors, and shall assist the Owner in the preparation of the conditions of the contract and the form of the agreement between the Owner and the General and Prime Contractors. Article 2, paragraph 2.4.3: The Architect shall advise the Owner of any adjustments to previous preliminary estimates of probable Construction Costs indicated by changes in scope of the work requirements or general market conditions. Add as Article 2, paragraph 2.4.5: The Architect shall include in the bidding information, plans or specifications,a requirement that Prime Contractors provide operation manuals and adequate training for the experienced staff of the Owner in the operation of mechanical, electrical, heating and air-conditioning systems installed by the Prime Contractors, as well as any specialized equipment, such as hoists, cranes,etc., which may be installed as part of the project. Add as Article 2, paragraph 2.5.2: In the event the lowest responsible bids exceed the fund appropriated for the project, the Architect, in consultation with, and at the direction of, the Owner,shall provide such modifications in the Contract Documents and/or negotiations with the low bidder as shall be necessary to bring the cost of the Project within the Project's budget. 4 Article 2, paragraph 2.62: The Architect shall provide administration of all Prime Contracts for Construction, as set forth below, and in the 21st Edition of Form OC-15 by the State Construction Office of the North Carolina Department of Administration INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF THE CONTRACT, dated April, 1991. Article 2, paragraph 2.6.3: Construction Phase duties, responsibility and limitation of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect and notice to Prime Contractors. Article 2, paragraph 2.6.4: The Architect shall be the representative of the Owner during the construction phase of the contract period, and shall advise and consult with the Owner. Instructions to the Prime Contractors shall be forwarded through the Architect. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement, unless otherwise modified by written agreement. Article 2, paragraph 2.6.5: The Architect shall visit the site periodically at intervals appropriate to the stage of construction, or as otherwise agreed by the Owner and the Architect in writing and shall review the work in progress during these on-site visits to endeavor to determine for the Owner's benefit and protection if the work is proceeding in accordance with the intent of the Contract Documents and the construction schedule. The Architect shall be held to the standard of care (with regard to review by on-site visits) which is generally accepted in the industry among architects of similar skill and standing in the community. This duty shall not be interpreted to mean full-time service, without an amendment to the contract in writing,specifying this as an additional service. The Architect shall not be responsible for construction means, methods, techniques, sequence or procedures or for safety precautions and related programs in connection with the work; and he shall not be responsible for the Prime Contractors' schedules or failure to carry out the work in accordance with the Contract Documents. This paragraph shall govern and control in the event of any conflicts herewith in this agreement, except as otherwise provided in Article 12. Article 2, paragraph 2.6.6 shall read as follows: The Architect represents the he will follow the standards of care which are generally accepted among Architects of similar skill and standing In the community in performing all services under this agreement. Any defective designs or specification furnished by the Architect shall be promptly redesigned by the Architect at no cost to the Owners. The Owner's approval, acceptance, use of or payment for all or any part of the Architect's services hereunder, or the project itself, shall in no way diminish the Architect's obligations of the Owner's rights hereunder. Article 2, paragraph 2.6.8: Owner and Prime Contractors shall communicate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Article 2, paragraph 2.6.9 shall read: Based on the Architect's observations of the work,site visits,and evaluations of the Prime Contractor's applications for payment,the Architect shall review and certify the amounts due the Contractor. Article 2, paragraph 2.6.12 shall read: The Architect shall review and approve, or take other appropriate action upon, the Prime Contractors' submittal, including such things as shop drawings, product data, and samples, according to the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay in the progress of the work. The Architect's review shall not constitute approval of safety precautions,construction 5- means, methods, techniques, sequences, or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. Article 2, paragraph 2.6.20 shall be added and shall read: The Architect shall prepare and provide a set of record drawings, which Owner shall be at liberty to reproduce, showing significant changes in the work made during construction, based on marked-up prints, drawings and other data furnished by the Prime Contractors to the Architect, including but not limited to, the location of water, sewer, telephone, electric, gas and other utility lines. Article 2, paragraph 2.6.21 shall be added and shall read: The Construction Administration phase will commence with the award of the contracts for construction and will terminate sixty (60) days after Substantial Completion. Any work performed later than sixty (60) days after Substantial Completion shall be billed to the Owner as a additional service. Article 3, paragraph 3.1.1: The services described in this Article 3 are not included in Basic Services,unless so identified in Article 12,or the attached Article 12,Exhibit A,and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under paragraphs 3.2 and 3.4 shall only be provided if authorized in advance in writing by the Owner. In the opinion of the Architect, if services described under Contingent Additional Services in paragraph 3.3 are required, due to circumstances beyond the Architect's control,the Architect shall notify the Owner of the need for these services and shall notify the Owner in writing prior to commencing such services. If the Owner deems that such services described under paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. If however,the Owner indicates that, in his opinion, the services described under paragraph 3.3 are required, due to circumstances within the control of the Architect,and directs such services be provided as part of Basic Services,the Architect reserves the right to furnish said services and file a claim for additional payment. Article 3, paragraph 3.2.1 shall read: If the Owner and Architect agree that more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provided one or more Project Representatives to assist in carrying out such additional on-site responsibilities, as Additional Services. Article 3, paragraph 3.3.3, shall read: Preparing Drawings, Specifications, and other documentation and supporting data,(evaluating contractors'proposals deleted)and providing other directives, provided such change orders and construction change directives are required by causes not within the control of the Architect. Article 3, paragraph 3.4.1 is deleted. Article 3, paragraph 3.4.6 should be included as Basic Services, but only in order to arrive at a program of space needs. Article 6, paragraph 6.1 shall read: The Drawings, Specifications, and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project, and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications, and other 6 documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to the Project, or for completion of this Project by others, unless the Architect is adjudged in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. The Owner may use the Drawings, Specifications and other documents prepared by the Architect for making repairs, modifications, additions, or renovations of this Project without the knowledge or prior consent of the Architect, provided the Owner agrees to waive any claim against the Architect and defend,and indemnify to the extent permitted by law,and hold the Architect harmless from any claim or liability for injury or loss without participation of the Architect. Article 7, Negotiation and Dispute Resolution, shall read: 7.1: The Owner and Architect agree to endeavor to provide written notification in advance of any litigation, concerning claims, disputes, and other matters in questions between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof. 7.2: The parties agree to endeavor to negotiate in good faith prior to litigation, concerning claims, disputes and other matters in question arising out of or relating to this Agreement or the breach thereof. 7.3: Nothing herein contained shall be construed to require the parties to provide written notification or engage in negotiations prior to the institution of litigation, nor to submit for arbitration by a third party or parties, any such claim, dispute or other matter in questions between the parties, but the parties may by mutual agreement submit any claim., dispute or other matter at issue to arbitration in accordance with the North Carolina Uniform Arbitration Act,GS 1-567.1 et seq.,or such other arbitration procedure as may be mutually agreed upon between the parties. Article 10, paragraph 10.2.1.6: delete. Article 12, paragraph 12.2. add the following paragraph: The Architect shall purchase and maintain in full force and effect a Professional Liability insurance policy issued by a company or companies licensed to business in North Carolina, providing coverage in an amount not less than $1,000,000 and the Architect shall provide the Owner a Certificate of Insurance issued and endorsed by the insurance carrier certifying that the said policy or policies shall not be canceled,modified,allowed to expire,or reduced in coverage until at lease thirty days prior written notice has been given to the Owner by certified mail. Cancellation of the said policy without replacement with a substitute policy preventing a lapse in coverage or a modification or reduction in coverage without the written consent of the Owner shall constitute a breach of this Agreement by the Architect. 7 ORANGE COUNTY PUBLIC WORKS MAINTENANCE FACILITY EXHIBIT"B" CLARIFICATIONS TO THE SCOPE OF SERVICES INCLUDED WITHIN THE TOTAL DESIGN CONTRACT: 1. The design contract amount of$88,500 includes all work requested in the Orange County Request for Proposal; Public Works Maintenance Facility, which is hereby incorporated by reference as Exhibit "D". 2. The following services are excluded from this agreement. Should these services be requested of the designer, they shall be considered Additional Services: a. Turn Lane at NC 86, if required by the North Carolina Department of Transportation; b. Water and Sewer Extensions, if not provided by the Town of Hillsborough; c. Zoning/Planning related services which exceed requirements of the Town of Hillsborough's administrative review process. Administrative review is included in the Basic Architectural/Engineering fee cited on "Design Fee-Scope of Services", included as Exhibit "C"; d. Survey Services, topographic or other; e. Soils Engineering Investigation; f. Environmental Investigations; g. Environmental Impact Statement; h. Traffic Impact Statement. 8 EXHIBIT "B" ORANGE COUNTY PUBLIC WORKS MAINTENANCE FACILITY CLARIFICATIONS TO THE SCOPE OF SERVICES INCLUDED WITHIN THE TOTAL DESIGN CONTRACT: 1. The design contract amount of$88,500 includes all work requested in the Orange County Request for Proposal; Public Works Maintenance Facility, which is hereby incorporated by reference as Exhibit "D". 2. The following services are excluded from this agreement. Should these services be requested of the designer, they shall be considered Additional Services: a. Turn Lane at NC 86, if required by the North Carolina Department of Transportation; b. Water and Sewer Extensions, if not provided by the Town of Hillsborough; c. Zoning/Planning related services which exceed requirements of the Town of Hillsborough's administrative review process. Administrative review is included in the Basic Architectural/Engineering fee cited on "Design Fee-Scope of Services", included as Exhibit "C"; d. Survey Services, topographic or other; e. Soils Engineering Investigation; f. Environmental Investigations; g. Environmental Impact Statement; h. Traffic Impact Statement. EXHIBIT "C" MICHAEL HIKING ARCHITECTS • Membere of the American Institute of Architects COUNTY OF ORANGE PUBLIC WORKS MAINTENANCE FACILITY Design Fee -Scope of Services A. Basic Architectural/Engineering Fee $75,000 B. Programming _ - - - 6,000 1. Site Visits to Other Facilities 2. Staff Meetings 3. Program-Booklet _ 4. Preliminary Cost Estimate - S. Production=Constction--Schedule - C. Site Master Planning - = 6,000 Site Analysis - - 2:- County and Town Metes 3. Piresentations : Comb eil Design Fee $87,000 -Additional Non Fee Costs 1. Reimables through Design Development S 1,500 :Total.Design Contract Amount $88,500 Items Not Included That stay-5e Required 1. Turn Lane at NC 86 ii.required by NC DOT S 5,000 2. Water&Sewer Extensions ifnot provided by Town of Hillsbereugh S 3,500 3. Full."Publics planning/Zoning Related Services (Basic Pee include Administrative Review) 4. Survey ServCces, Topographic or Other (Salentine Associates can provide these services under separate contract if required. 5.- Soils Engineering Investigations 6. Environmental Investigations 7. Environmental Impact Statement 8. Traffic Impact Statement P.O. BOX 2504 CHAPEL HILL, NC 27515-2504 (919) 967-8631 _•.. /C IL' EXHIBIT "D" COUNTY of ORANGE Department of Purchasing and Central Services Pamela K.Jones,Director REQUEST FOR PROPOSAL ARCHITECTURAL SERVICES ORANGE COUNTY PUBLIC WORKS MAINTENANCE FACILITY Orange County,North Carolina invites you to submit a proposal for architectural services associated with the proposed Public Works Vehicle Maintenance facility. THE SITE The maintenance facility will be built at the present public Works Department location on Highway 86N In Hillsborough. The Public Works complex is approximately 26+1- acres and contains the Public Works Administration building, the present maintenance garage and three storage structures, two of which are mobile classroom buildings abandoned by the schools several years ago. It is the County's intent to convert the current garage into a storage facility and remove the two mobile classrooms. The access to the Public Works operation is currently located off of Highway 86 just below the crest of a hill, thereby creating a safety risk to all vehicles using the access, but particularly to the heavy dump and sanitation vehicles. The County has purchased property which will allow a new access road to be established further south on Highway 86. SCOPE OF WORK The primary components of this project include the following: ...Complete architectural and engineering services to build the new maintenance facility, to include computerized fueling, waste oil disposal facility and auto bath; ...Master planning of the site to the extent Indicated later in this document; ...Make recommendations regarding the conversion of the existing garage into efficient storage space; and i ...Locate and design a new access road for the specific functions identified In the master 0 planning. The following information may be helpful to you as you prepare your proposal: The County presently services over 200 vehicles, of which approximately 15% are heavy trucks/equipment The garage is staffed by three mechanics, one helper, one supervisor and one part-time clerical person. P.O Ban 8181 • 132 East King Strive • Hillsborough, North Carolina 27278 Tol.ph•ase: 919 732-8181• 919 967-9251• 919 688-7331• 919 227-2031 kw 919 644-3001 ri Preliminary needs analysis has indicated that at a minimum the new facility should include the following: ..Approximately 10 bays, with at least four property equipped and of a size to accommodate heavy equipment repair (eg. sanitation trucks). ...Overhead hoists, centralized lubricant dispensing system, hydraulic floor lifts, and a compressed air system; ...Break/lunchroom area to accommodate staff, as well as to function as an area for Motor Pool, Sanitation and Buildings and Grounds division staff meetings; ..Appropriate storage areas for tires, batteries and a centralized parts room; ...Specialized service areas for tire changing, electrical analysis. ...Restrooms and shower areas. Types of service which will be performed in the maintenance garage include, but may not be limited to: New car preparation; Oil changes; Lubrication of vehicles and equipment; Miscellaneous other preventative maintenance; Alternator, starter, generator repairs; Tire service; Transmission and axle repair, Engine overhaul; Hydraulic system repairs; Welding. Anticipated outside development associated with this project includes: ...Location and development of a new access road,to enter from the Intersection of Highways Off and 67; ...Installation of a computerized fueling station for gasoline and diesel fuels. Since this function will need to be accessible 24-hours daily, It is likely that It should be located remote to the garage facility. The Town of Hillsborough and the County will share this facility. ...Installation of anautobath function, to accommodate automobiles and light trucks. If the budget allows,it Is preferable to have a facility which will also accommodate large vehicles, such as sanitation trucks. It Is likely that this function should be located in close proximity to the fueling station to provide 24 hour access. ...Installation of a waste oil facility; ...Development of sufficient parking areas for departmental vehicles, equipment, employee vehicles and routine maintenance traffic. Some priorities to be addressed within the scope of this project include: ..Adequate lighting, use of daylighting is a focus; ...Good ventilation within the maintenance garage; ...Good climate control In work areas; ..Adequate noise control measures; ...Energy efficiency,both In manpower and In the ongoing use of energy for heat,cooling,etc. Each firm making proposal should also be aware that the County is concerned about the use of bulking materials derived from non-renewable energy sources. Careful study wave be required to detenmirne the beet building materials for use in this faektlly. !2 This project is funded from bond proceeds and has a budget of$1,000,000 for all components of the project, including A & E fees. MASTER PL.AlIINWG As previously referenced, the County has several existing buildings on this property. The County also owns property known as Fairview Park approximately one-eighth of a mile west of the Public Works site. Sandwiched between the County properties is a 25+/- acre site owned by the Town of Hillsborough. The Town's property is currently used as an inert landfill site,but their long-term plan is to build a maintenance facility similar to that which the County will build, although a smaller size. In addition, there may eventually be a County-owned rural education center built somewhere on the property owned by the Town of Hillsborough. The successful architectural firm will be requested to review these properties and their evolving functions and develop a master plan which will address these and perhaps other, yet unspecified, issues: ...Where can the County facilities (maintenance and Rural Education Center) be located to best utilize the land? ...is it functional to consider development of a shared parking area with the Town of Hillsborough? ...Where would the road be located to best access all of these facilities, Including the park? ...What is the best way to handle the pond located on the site? These,and perhaps other,issues will be defined in greater specificity to the successful architectural firm. THE PROPOSAL You should submit six copies of your proposal. Each proposal must consist of the following information for the lead fine and any subcontractors you may use. 1. Profile of Firm Inf rmation. Information must be submitted on the forms provided. NOTE: Projects listed as references should reflect your capabilities as it regards work requested by the County in this proposal. 2. Resume' for each key team member and subcontractor you propose to use. Information must be submitted on the form provided. 3. A staffing estimate with hourly billing rates listed for each classification. 4. In an effort to reduce the amount of resources which must be used to produce proposals, we would request that you submit only one copy of additional information which you feel best demonstrates your firm's abilities. Please feel free to use the additional Information as your 'marketing document', if you wish to do so. The selection committee will review and evaluate the additional information as well as the other information submitted. NOTE: IN KEEPING WITH THE COUNTY'S SOUD WASTE GOAL TO REDUCE WASTE AT ITS SOURCE, PLEASE USE BOTH SIDES OF THE PAPER WHEN COPYING YOUR PROPOSAL 13 Proposals will be received until 3:00 p.m., Tuesday, August 3, 1993, in the Office of the Director of Purchasing and Central Services, 132 East King Street, Hillsborough, NC. Proposals received after that lima will be returned Proposals sent via USPS should be addressed as follows: Orange County Purchasing Department ATTN: Pam Jones PO Box 8181 Hillsborough, NC 27278 Should you require clarification or further information regarding the project covered by this solicitation, please contact Pam Jones, Director of Purchasing and Central Services at any of the following phone numbers: (919) 732-8181, 967-9251, 688-7331, 227-2031; extension 2650. THE EVALUATION Proposals will be evaluated based on, but not limited to, the following criteria: 1. Relative experience; 2. Capabilities of individuals assigned to the project team; 3. Relative governmental experience; 4. Demonstrated ability to work with planning committees; 5. Relative expertise of subcontractors being proposed; 6. References from completed projects; It Is anticipated that the selection committee will complete their evaluation within two weeks of submission. Following the evaluation, a short list will be developed and invitations to interview extended to meson than five firms. Short-listed firms can expect approximately two weeks between notification and the interview date. The final recommendation of the selection committee will be available within one week of the Interview date. Orange County reserves the right to reject any and all proposals and to accept the proposal most favorable to the County.