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Agenda - 11-02-2017 - 6-a - Award of Southern Campus Expansion Professional Services Agreement.pdf
1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 2, 2017 Action Agenda Item No. 6-a SUBJECT: Award of Southern Campus Expansion Professional Services Agreement DEPARTMENT: Asset Management Services ("AMS"), Finance and Administrative Services ATTACHMENT(S): INFORMATION CONTACT: 1) Project Overview Illustrative Angel Barnes, 919-245-2628 2) Professional Services Agreement David Cannell, 919-245-2651 Jeff Thompson, 919-245-2658 PURPOSE: To: 1) Approve entering into a Professional Services Agreement with Smith Sinnett Architecture of Raleigh, NC for the design and construction administration of the Southern Campus Expansion capital project upon final review of the County Attorney; and 2) Authorize the Manager to execute the Agreement and any subsequent design amendments for contingent and unforeseen design requirements on behalf of the Board. BACKGROUND: On May 31, 2017, Orange County received responses to its Request for Qualifications ("RFQ") issued on May 4, 2017 for professional design services for the Southern Campus Expansion capital project in accordance with North Carolina Procurement Law and the Federal Mini-Brooks Act governing the selection and procurement of professional services firms. The site and building components are contemplated to be designed from November 2017 through the spring of 2018 and could be constructed in multiple phases. The design scope for the project involves the straightening of the entrance spine road accessing the Seymour Center and Southern Human Services Center, additional parking areas serving the Seymour Center and the Southern Human Services Center, the Seymour Center space expansion, Southern Human Services Center space expansions for the Orange County Health Department and the Department of Social Services, and an expansion of the Board of Orange County Commissioners' meeting facility (note Attachment 1, "Project Overview Illustrative"). Staff received and reviewed responses from six (6) firms listed below. A staff panel consisting of representatives from Orange County Health Department, Department of Social Services, Department on Aging, Manager's Office, Clerk to the Board of County Commissioners, Housing, Human Rights and Community Development (HHRCD), Department of Environment, Agriculture, Parks and Recreation (DEAPR), and Asset Management Services (AMS) evaluated the RFQ responses and interviewed all of the respondent firms in June, 2017: 2 CRA Associates, Inc. Gurlitz Architectural Innovative Design RND Architects, PA RPA Design Smith Sinnett Architecture The staff panel selected Smith Sinnett Architecture to enter into fee negotiations with the County based upon the firm's experience, portfolio of work, and the interview with staff. Staff has negotiated a basic services fee for design and construction administration services (see Attachment 2, "Professional Services Proposal") not to exceed $889,540, which includes significant stakeholder design input, standard architectural and engineering design and construction administration services, and significant design contingencies that are controlled by Orange County. The estimated development timeline for this project is as follows: TASK ESTIMATED TIM EFRAME Approval of professional services agreement for Project Designer November, 2017 Schematic design review and approval, Probable Cost Estimation Winter, 2017 Final design review and approval, bid document preparation Winter- Spring, 2018 Project Bid process, bid award Spring, 2018 Construction, Commissioning, Opening (est. 8-9 month duration) Summer, 2018-Spring, 2019 FINANCIAL IMPACT: The FY2017-18 approved Capital Investment Plan (CIP) combined three existing capital projects (Southern Campus Site Improvements, Seymour Center Addition, and Southern Human Services Center Expansion) into one Capital Project entitled "Southern Campus Expansion", which is in the FY2017-18 Commissioner Approved Annual Operating Budget & Capital Investment Plan. The project has approximately $920,000 available within prior and current years funding for professional design services. These funds are sufficient for all phases of project design, construction administration, and other third party professional services such as construction materials testing, survey, etc. The Capital project has $4,490,000 available within prior and current years' funding for construction services for the roadway straightening, and the additional parking and renovations at the Seymour Center. The Board is contemplating additional project funds of $5,185,000 in year three of the FY2017-22 CIP for the construction of the Southern Human Services Center improvements. Should the BOCC not approve this appropriation in FY2018-19, construction funds for this phase will not be spent. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY 3 The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. RECOMMENDATION(S): The Manager recommends the Board: 1) Approve entering into a Professional Services Agreement with Smith Sinnett Architecture of Raleigh, NC for the design and construction administration of the Southern Campus Expansion capital project upon final review of the County Attorney; and 2) Authorize the Manager to execute the initial Agreement and any subsequent design amendments for contingent and unforeseen design requirements on behalf of the Board. _ Attachment 1 4 LEGEND ---- FUNDING FISCAL YEAR 2017-18 FUNDING FISCAL YEAR 20 f NEW 10'BIKE/PEDESTRIAN ACCESS ALONG HOMESTEAD ROAD SEYMOUR CENTER ADDITION FUNDING FY 2017-18 CIP FUNDING FY 2019-20 CIP I I I I I I ROAD AND INFRASTRUCTURE IMPROVEMENTS FUNDING FY 2017-18 Cl I I SEYMOUR CENTER PROPOSED LATER PHASE ADDITION I i I I I I - _ I I I I I VETERANS I - I MEMOR/AL I i SEYMOUR CENTER PARKING ADDITION FUNDING FY 2017-18 CIP I • - I 1 I BOARD OF COUNTY COMMISSIONERS MEETING ROOM ADDITION �I FUNDING FY 2019-20 CIP I 1 \ RENOVATION FOR NEW DENTAL CLINIC FUNDING FY 2019-20 CIP j ADDITION TO SHS FUNDING FY 2019-20 CIP SHS PARKING ADDITION SHS PARKING ADDITION AND IMPROVEMENTS FUNDING FY 2019-20 CIP FUNDING FY 2017-18 CIP Attachment 2 5 [Departmental Use Only] Title Southern Expansion FY 2017-18 NORTH CAROLINA CONSULTING SERVICES AGREEMENT-RFQ- OVER $90,000 OR BOARD CONSULTANT ORANGE COUNTY This Agreement, made and entered into this 2"d day of November, 2017, ("Effective Date") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County") and Smith Sinnett Architecture PA, (hereinafter, the "Consultant"). WITNESSETH: That the County and Consultant, for the consideration herein named, do hereby agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Scope of Work 1.1.1 This Services Agreement ("Agreement") is for professional consulting services to be rendered by Consultant to County with respect to (insert type of project)Design Services, probable cost estimation, Bidding and Negotiation, Construction Administration and Closeout, Southern Campus Expansion as described herein and in the Provider's Proposal attached, dated October 2, 2017. 1.1.2 By executing this Agreement, the Consultant represents and agrees that Consultant is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. 1.1.3 Time is of the essence with respect to this Agreement. 1.1.4 The services to be performed under this Agreement consist of Basic Services, as described and designated in Article 3 hereof. Compensation to the Consultant for Basic Services under this Agreement shall be as set forth herein. ARTICLE 2 RESPONSIBILITIES OF THE CONSULTANT 2.1 Services to be Provided. The Consultant shall provide the County with all services required in Article 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. 2.2. Standard of Care 2.2.1 The Consultant shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Revised 2/17 1 6 Consultant practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Consultant is solely responsible for the professional quality, accuracy and timely completion and submission of all reports, drawings, specifications, plans, documents and services (hereinafter "Deliverables") related to the Basic Services. 2.2.2 The Consultant shall be responsible for all errors or omissions in the deliverables prepared by the Consultant. 2.2.3 The Consultant shall correct at no additional cost to the County any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts in any Deliverables prepared by the Consultant. 2.2.4 The Consultant shall assure that all Deliverables prepared by it hereunder are in accordance with applicable laws, statutes, and that any necessary or appropriate applications for approvals are submitted to federal, state and local governments or agencies in a timely manner so as not to delay the Project. 2.2.5 The Consultant shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. 2.2.6 Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Consultant. 2.2.7 If activities related to the performance of this agreement require specific licenses, certifications, or related credentials Consultant represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. ARTICLE 3 BASIC SERVICES 3.1 Basic Services 3.1.1 The Consultant shall perform as Basic Services the work and services described herein and as specified in the County's Request for Qualifications RFQ Number 367-5235 for Orange County Southern Campus Expansion (the "RFQ") issued May 4, 2017, which is fully incorporated and integrated herein by reference together with Attachments Robert & Pearl Seymour Senior Center Property & Building Data Sheet, Southern Human Services Center Complex Property & Building Data Sheet, Drawing C1.0 Phase I Site Plan dated 02/03/2017 (designate all attachments). Revised 2/17 2 7 3.1.2 The Basic Services will be performed by the Consultant in accordance with the following schedule: (Insert task list and milestone dates) Task Milestone Date 1. PH 1/2 - Schematic Design,probable ost estimation Winter, 2017 to spring, 2018 2. PH 1/2 - Design Development Spring, 2018 3. PH 1/2 - Construction Documents Spring, 2018 to winter, 2018 4. PH 1 - State and Local Approvals Winter, 2018 5. PH 1 - Bidding and Award Winter, 2018 6. PH 1 - Construction Administration Winter, 2018 to winter, 2019 7. PH 1 - Project Close Out Winter, 2019 8. PH 1 - Training/Transition Winter, 2019 9. PH 2 - State and Local Approvals Summer, 2019 10. PH 2 - Bidding and Award Summer, 2019 11. PH 2 - Construction Administration Summer, 2019 to Summer, 2020 12. PH 2 - Project Close Out Fall, 2020 13. PH 2 - Training/Transition Fall, 2020 3.1.3 Should County reasonably determine that Consultant has not met the Milestone Dates established in Section 3.1.2 of this Article, County shall notify Consultant of the failure to meet the Milestone Date. The County, at its discretion may provide the Consultant seven (7) days to cure the breach. County may withhold the accompanying payment without penalty until such time as Consultant cures the Breach. In the alternative, upon Consultant's failure to meet any Milestone Date the County may modify the Milestone Date schedule. Should Consultant or its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such modified schedule County may immediately terminate this Agreement in writing without penalty or incurring further obligation to Consultant. This section shall not be interpreted to limit the definition of breach to the failure to meet Milestone Dates. 3.1.4 Consultant shall provide County a preliminary estimate of the total project cost based on the Consultant's judgment as an architect. It is recognized however, that neither the consultant nor the Client has control over the cost of labor, materials, or equipment; the contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. This estimated total project cost shall be used by the County as a basis for appropriating funds specifically for the project. Once this estimated total project cost has been received by the County the Consultant shall be obligated, without additional compensation, to adjust the design of the project so that it remains within the estimated total project cost. Should bidding or negotiation with contractors produce prices which produce a cost that is in excess of the estimated total project cost, the Consultant shall participate with the County in negotiating the cost with the contractors. If negotiations fail to reduce the bid price to below the estimated project cost, or at the County's discretion an increased total project cost, the designer will redesign and/or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. If the second bidding does not reduce costs sufficiently to be within the approved total project cost initially or after negotiations with the contractor, and the County wishes to continue to rework and rebid the project, this iteration will be outside of the Basic Services and the designer is free to negotiate for additional services. All activity of the Consultant with respect to these matters shall constitute Basic Services and shall be performed by the Consultant without additional compensation. Revised 2/17 3 8 ARTICLE 4 DURATION OF SERVICES 4.1 Scheduling of Services 4.1.1 The Consultant shall schedule and perform his activities in a timely manner so as to meet the Milestone Dates listed in Article 3. 4.1.2 Should the County determine that the Consultant is behind schedule, it may require the Consultant to expedite and accelerate his efforts, including providing additional resources and working overtime, as necessary, to perform his services in accordance with the approved project schedule at no additional cost to the County. 4.1.3 The Commencement Date for the Consultant's Basic Services shall be November 2, 2017. ARTICLE 5 COMPENSATION 5.1 Compensation for Basic Services 5.1.1 Compensation for Basic Services shall include all compensation due the Consultant from the County for all services under this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services is Eight Hundred Eighty-Nine Thousand Five Hundred Forty Dollars ($889,540.00). Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. Payments will be made as percentages of the whole as Project milestones as set out in Section 3.1.2 are achieved. (For example, if there are 10 Project Tasks with Milestone Dates then Consultant may invoice for the first 10% of the whole upon County's acknowledgement of the satisfactory completion of Task one. Upon the County's acknowledgement that the second Task has been satisfactorily completed Consultant may invoice for the next 10% of the whole.) ARTICLE 6 RESPONSIBILITIES OF THE COUNTY 6.1 Cooperation and Coordination 6.1.1 The County has designated Angel Barnes to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 6.1.2 The County shall be solely responsible for determining whether Consultant as satisfactorily completed Tasks associated with Milestone Dates. Upon County's written determination to Consultant that a Task has been satisfactorily completed by its accompanying Milestone Date Consultant may submit an invoice for payment. It is agreed that County shall not unreasonably withhold its determination of satisfactory completion of any Task. In the event the amount of an invoice is disputed County may withhold payment until the dispute is resolved by Revised 2/17 4 9 the parties. County may also withhold payment on an invoice until the satisfactory completion of a Task by Consultant. ARTICLE 7 INSURANCE AND INDEMNITY 7.1 General Requirements 7.1.1 Consultant shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, Professional Liability Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here Professional Liability Insurance (if no additional insurance required mark N/A as being not applicable). Consultant shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7.2 Indemnity 7.2.1 The Consultant agrees to indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Consultant except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Consultant to indemnify the County to the fullest extent permitted under North Carolina law. ARTICLE 8 AMENDMENTS TO THE AGREEMENT 8.1 Changes in Basic Services 8.1.1 Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Consultant. The Consultant shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. ARTICLE 9 TERMINATION 9.1 Termination for Convenience of the County 9.1.1 This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Consultant. 9.2 Other Termination Revised 2/17 5 10 9.2.1 The Consultant may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Consultant shall give the County seven (7) days'prior written notice of its intent to terminate this Agreement for cause. 9.3 Compensation After Termination 9.3.1 In the event of termination, the Consultant shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Consultant. 9.3.2 Should this Agreement be terminated, the Consultant shall deliver to the County within seven (7) days, at no additional cost, all Deliverables including any electronic data or files relating to the Project. 9.4 Waiver 9.4.1 The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Consultant with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 9.5 Suspension 9.5.1 County may suspend the work at any time for County's convenience and without penalty to County upon three (3) days' notice to Consultant. Upon any suspension by County, Consultant shall discontinue the work and shall not resume the work until notified to proceed by County. ARTICLE 10 ADDITIONAL PROVISIONS 10.1 Relationship of Parties 10.1.1 Consultant is an independent contractor of the County. Neither Consultant nor any employee of the Consultant shall be deemed an officer, employee or agent of the County. Consultant's personnel shall not be employees of, or have any contractual relationship with the County. 10.2 Limitation and Assignment 10.2.1 The County and the Consultant each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. 10.3 Governing Law 10.3.1 This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. Revised 2/17 6 11 Consultant shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and the Orange County Living Wage Policy (both policies are incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit the definition of breach to discrimination. By executing this Agreement Consultant affirms that Consultant and any subcontractors of Consultant are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Consultant's breach of this Agreement. By executing this Agreement Consultant affirms Consultant is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement, Consultant certifies that Consultant has not been identified, and has not utilized the services of any agent or subcontractor, on the Iran divestment list created by the State Treasurer pursuant to G.S. 147- 86.58. 10.4 Dispute Resolution 10.4.1 Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 10.5 Extent of Agreement 10.5.1 This Agreement, together with the RFQ and attachments distributed by the County and the Consultant's submitted response to the RFQ, all of which constitute the Contract Documents, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. In the event of a conflict among the terms of the Contract Documents, the priority of documents shall be this Agreement, the County's RFQ, attachments to the County's RFQ, and the Consultant's response to the RFQ. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 10.6 Severability 10.6.1 If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. 10.7 Ownership of Deliverables 10.7.1 All Deliverables, together with all supporting materials, source documentation, data collected, field notes, and working drafts, developed in the performance of this Agreement shall become the property of the County and may be used on any other project without additional compensation to the Consultant. The use of the Deliverables by the County or by any person or Revised 2/17 7 12 entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. 10.8 Non-Appropriation 10.8.1 Consultant acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Consultant of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement,but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Consultant of such limitation or change in County's legal authority. 10.9 Notices and Signatures 10.9.1 This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 10.9.2 Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,return receipt requested to the following: Orange County Consultant's Name & Address Attention: Angel Barnes Smith Sinnett Architecture PA P.O. Box 8181 4600 Lake Boone Trail, Suite 205 Hillsborough, NC 27278 Raleigh, NC 27607 [SIGNATURE PAGE TO FOLLOW] Revised 2/17 8 13 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: By: Rhonda Angerio, President Orange County Printed Name and Title Revised 2/17 9 14 00000 00100 100 11111111 11111 un:11111 11111111111111111111111 rim A C -I ...... . . . October 2, 2017 Orange County 200 South Cameron Street Hillsborough, North Carolina 27278 Attn.: Mr. Jeff Thompson Director of Asset Management Services Dear Mr. Thompson: FEE PROPOSAL: Orange County Southern Campus Expansion Smith Sinnett Architecture greatly appreciates the opportunity to provide Orange County with a proposal for Architectural Design & Engineering Services for the Orange County Southern Campus Expansion. SCOPE OF WORK: The project consists of two phases. The first phase will include the following: a master plan for a future 12,000 square foot addition to the Seymour Center. The initial portion will be an approximately 2500 square feet addition. Additional work will include reworking the front entry sidewalk into an accessible entry area, the creation of a new canopy and the parking lot will be reconfigured for improved bus/vehicle drop off. The site work will include the relocation of the existing storm water pond located near the entrance driveway, the realignment of the entrance roadway to remove some of the curvature, the expansion of the existing parking lot supporting the Seymour Center and the extension of a 10'wide multi-purpose pathway from the Inter-Faith Council Project Home Start driveway to the eastern parcel property line. It is anticipated as a part of the overall design process, that we will hold meetings with the client and their stakeholders as needed. We will propose that several of these meetings occur in Smith Sinnett's office. Additionally, we will meet with the county commissioners at the end of each phase for their approval prior to commencing the next phase. We will also meet with the Town of Chapel Hill as needed to achieve all necessary approvals. We will provide professional cost estimating at the conclusion of the design development and construction document phase in order to stay within budget throughout the life of the project. This cost, along with all engineering fees is included within our overall fee. We anticipate that the design team and the owner will work creatively to insure best practices, efficiencies and cost adherence in the proposed scope of each project. We will discuss possibilities for altering the timing of the separate scopes should it be deemed more cost effective to provide all of the site/civil work in the first phase and all of the building portions of the project into the second phase. Programming/Schematic Design (Phase 1): Smith Sinnett Architecture will work with and coordinate all members of the design team to evaluate the owner's master plan and begin developing an approach to design and construction of the proposed improvements that will minimize impact to the function of the existing campus. During the 4600 I.....alke Boone .i iralill, Suulite 205 Ralleliglh, NC 27607 919.X81.8582 IL..IUB Ceirtrffed www.S n'ilth Sli ininett.coin m 15 00000 00100 100 11111111 u. 111111111 1,01.11 un:11111 11111111111111111111111 "IN , programming phase, Smith Sinnett will meet with the owner's designated stakeholders to fine tune our understanding of space needs and the eventual build out of the Seymour addition. After these conversations,we will develop a program and a preliminary budget. Initially,we expect to meet with the Town of Chapel Hill Planning Department to assess and meet all requirements for approvals. During the schematic design phase we would anticipate attending several meetings, including several meetings with the owner to present progress design and collect owner feedback, and up to four (4) coordination meetings with our consultants. We expect to meet with the Town of Chapel Hill Planning Department to assess and meet all requirements for approvals, approximately 2 meetings. Smith Sinnett and our consultants will begin to set up project drawings which will be used throughout the first phase of the project. With each design phase, the drawings will become more detailed and developed. During this phase, we expect to begin preparing the following drawings: • Preliminary Site Plan, Floor Plans, Reflected Ceiling Plans. Elevations, Sections • Preliminary Electrical and Mechanical layouts • Preliminary Existing Conditions Plan (based on survey information provided by owner) • Preliminary Storm Drainage Plan, Storm water Management Plan, Utility Plan The initial drawings will be preliminary in nature and will be used to assist with conversations focused on the determination of appropriate construction phasing. The following schematic design portion defined as the architectural, structural, plumbing, mechanical and electrical work will be produced in Revit, therefore it is likely to be more detailed than a typical schematic design phase and moves well into the design development phase. The Owner shall provide a recent property survey, topographic survey and any necessary soil boring testing prior to the commencement of this portion of the work. Design Development (Phase 1): This phase shall be based on the Owner approved schematic design documentation. The design development documents shall illustrate and describe the refinement of the project design, establishing project scope, form, size, materials and appearance, as documented through plans, elevations, sections and typical construction details. Construction Documents (Phase 1): The construction documents shall be based on approved design development documentation and shall set forth in detail the requirements for construction of the project. These documents will include, but not be limited to,floor plans, reflected ceiling plans,framing plans, elevations, sections, typical wall sections, miscellaneous details and specifications sufficient for permitting, cost negotiation and construction. Engineering fees are included and will be required for permitting. Required engineering services will include structural, plumbing, mechanical, electrical, and fire protection. Bid Administration (Phase 1): The Architect will assist the Owner in the bidding and/or the negotiation process, if required. The Architect will evaluate the bid(s) and review and approve Owner/Contractor contract documents. The Architect will coordinate and distribute all necessary addenda. 4600 I.....alke Boone .i iralili, Suite 205 IRalieli€ Ih, INC 27607 919.781.8 82 II...IUB Certified www.r,::,inrli.l� (,:'Aliinnett.cc:ainr 16 00000 00100 100 11111111 u. 111111111 un:11111 11111111111111111111111 or, Construction Administration (Phase 1): The Architect shall provide administration of the contract between the Owner and the Contractor. As a representative of the Owner, the Architect shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and Architect. Typically, we visit the site once a week and whenever the need arises. The Architect shall not be responsible for the construction means, methods, techniques, procedures, as these are solely the responsibility of the Contractor. The Architect shall review contractor pay requests and advise the Owner as to their relative completeness. The Architect shall review any contractor submittals, RFIs, ASI, produce meeting minutes, conduct monthly and preconstruction meetings and report all info to the owner and the contractor to insure that they are in keeping with the construction documentation. The architect anticipates that the Owner will provide assistance with RFI's and site visits. The architect anticipates a twelve month construction period. If the construction period should exceed this time frame, the Architect shall provide additional construction administration services as an additional service, upon written approval by the Owner. Programming/Schematic Design (Phase 2): Phase 2 will consist of various site improvements, a new roof for the existing building and a comprehensive renovation and expansion of the Southern Human Services Building. The project includes an expanded Commissioner's meeting facility at the front of the building, a new dental clinic, expanded health and human service areas and expanded parking. The additions include a 2500 square foot addition to the County Commissioner meeting space and a 10,770 square foot addition to the health services department. The existing health department spaces will be reprogrammed and reconfigured. Discussions/meetings with key personnel will endeavor to garner a thorough understanding of the workings of each portion of the overall program and how they will work together. It is anticipated as a part of the overall design process, that we will hold meetings with the client and their stakeholders as needed. We will propose that several of these meetings occur in Smith Sinnett Architecture's office. Additionally, we will meet with the county commissioners at the end of each phase for their approval prior to commencing the next phase. We will also meet with the Town of Chapel Hill as needed to achieve all necessary approvals. We will provide professional cost estimating at the conclusion of the design development and construction document phase in order to stay within budget throughout the life of the project. This cost, along with all engineering fees is included within our overall fee. Phase 2 will commence as soon as the Phase 1 construction begins. Smith Sinnett Architecture will work with and coordinate all members of the design team to evaluate the owner's master plan and begin developing an approach to design and construction of the proposed improvements that will minimize impact to the function of the existing campus. During the programming phase, Smith Sinnett will meet with designated owner stakeholders to fine tune our understanding of space needs and the eventual build out of the Health Center additions and renovation. After these conversations, we will develop a program and a preliminary budget. Initially, we expect to meet with the Town of Chapel Hill Planning Department to assess and meet all requirements for approvals. If necessary for the second phase of the schematic design work, we would anticipate attending several meetings with the owner to 4600 I.....alke Boone .i iralili, Suite 205 IRalieli€ Ih, INC 27607 919.781.8582 IH...HUB Certified www.r,::,im ith°:)li ininett.cc:ain r 17 00000 00100 100 11111111 u. 111111111 1,01.11 un:11111 11111111111111111111111 "IN , present progress design and collect owner feedback, and up to four(4)coordination meetings with our consultants. We expect to meet with the Town of Chapel Hill Planning Department to assess and meet all requirements for approvals. Smith Sinnett and our consultants will begin to set up project drawings that will be used throughout the project. With each phase, the drawings will become more detailed and developed. During this phase, we expect to begin preparing the following drawings: • Preliminary Site Plan, Floor Plans, Reflected Ceiling Plans. Elevations, Sections • Preliminary Electrical and Mechanical layouts • Preliminary Existing Conditions Plan (based on survey information provided by owner) The initial drawings will be preliminary in nature and will be used to assist with conversations focused on the determination of appropriate construction phasing. The following schematic design portion, as the architecture, plumbing, mechanical and electrical work will be produced in Revit, is likely to be more detailed than a typical schematic design phase and moves well into the design development phase. Design Development(Phase 2): This phase shall be based on the Owner approved schematic design documentation. The design development documents shall illustrate and describe the refinement of the project design, establishing project scope, form, size, materials and appearance, as documented through plans, elevations, sections and typical construction details. Construction Documents (Phase 2): The construction documents shall be based on approved design development documentation and shall set forth in detail the requirements for construction of the project. These documents will include, but not be limited to,floor plans, reflected ceiling plans,framing plans, elevations, sections, typical wall sections, miscellaneous details and specifications sufficient for permitting, cost negotiation and construction. Engineering fees are included and will be required for permitting. Required engineering services will include structural, plumbing, mechanical, electrical, and fire protection. Bid Administration (Phase 2): The Architect will assist the Owner in the bidding and/or the negotiation process, if required. The Architect will evaluate the bid(s) and review and approve Owner/Contractor contract documents. The Architect will coordinate and distribute all necessary addenda. Construction Administration (Phase 2): The Architect shall provide administration of the contract between the Owner and the Contractor. As a representative of the Owner, the Architect shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and Architect. Typically, we visit the site once a week and whenever the need arises. The Architect shall not be responsible for the construction means, methods, techniques, procedures, as these are solely the responsibility of the Contractor. The Architect shall review contractor pay requests and advise the Owner as to their relative completeness. The Architect shall review any contractor submittals, RFIs, ASI, produce meeting 4600 I.....alke Boone .i iralili, Suite 205 IRalieli€ Ih, INC 27607 919.781.8582 II...IUB Certified www.r,::,inrli.l� (,:'Aliinnett.cc:ainr 18 00000 00100 100 11111111 u. 111111111 un:11111 11111111111111111111111 rim minutes, conduct monthly and preconstruction meetings and report all info to the owner and the contractor to insure that they are in keeping with the construction documentation. The architect anticipates that the Owner will provide assistance with RFI's and site visits. The architect anticipates a twelve month construction period. If the construction period should exceed this time frame, the Architect shall provide additional construction administration services as an additional service, upon written approval by the Owner. DESIGN FEE: For full Architectural Design Services, compensation shall be based on a fixed fee of Eight hundred and Eight hundred and five thousand dollars ($805,000) based on an overall project budget of approximately nine million one hundred and eighty-five thousand dollars ($9,185,000). FEE SCHEDULE: The Design Fee shall be billed based on the following percentages with timeframes as outlined in Owner's contract documentation: Phase 1 % Time Amount Schematic Design 25% 3 months $ 93,385 Design Development 15% 1 month $ 56,031 Construction Documents 35% 6 months $130,739 Bid Administration 5% 2 months $ 18,677 Construction Administration 20% 12 months $ 74,708 100% 24 months $373,540 Phase 2 % Time Amount Schematic Design 25% 3 months $114,000 Design Development 15% 1 month $ 68,400 Construction Documents 35% 8 months $159,600 Bid Administration 5% 2 months $ 22,800 Construction Administration 20% 12 months $ 91,200 100% 24 months $456,000 Total Fee $829,540 Contingency $ 60,000 Grand Total $889,540 The Architect will carry an additional contingency in the amount of sixty thousand dollars ($ 60,000) for possible unforeseen conditions requiring additional design work. This work will not commence until both parties agree in writing to the change in work and the compensation amount, based on established hourly rates. When a definitive start date is established, we will provide a more detailed schedule. Phase 1 and 2 design work will commence concurrently and the construction for Phase 2 will begin directly after Phase 1 construction is completed, or in a timeframe determined by the Owner. The total project schedule is a not to exceed forty-eight month schedule. 4600 I.....alke Boone .i iralili, Suite 205 IRalieli€ Ih, NC 27607 919.781.8582 II...IUB Certified www.r,::,inrli't� (,:'Aliinnett.cc:ainr 19 00000 00100 100 11111111 u. 111111111 un:11111 11111111111111111111111 rim HOURLY RATES: All Additional Services are to be mutually determined and agreed to in writing prior to the commencement of the work. Hourly rates, if needed for additional services, for Architect and Engineers shall be provided as follows: Architectural: Principal $ 150/hour Project Manager $ 130/hour Architect $ 110/hour Designer $ 90/hour Clerical $ 60/hour NOT INCLUDED WITHIN PROPOSED FEE (See Consultant lists as well, as they are included as part of this document): • Subsurface Survey, Topographic Survey, Hazardous Materials Survey and Testing • Construction Testing Services • Cemetery mitigation • Special Inspection services as described in Chapter 17 of the NC Building Code. • Commissioning • LEED Certification • Measured Drawings • Conformed Drawings • Furniture, Furnishings and Equipment • All permit application fees, permit fees to NCDOT, Town of Chapel Hill, and NCDENR • Environmental Impact Statement, Flood studies, and/or Traffic Studies • Asbestos Abatement Reimbursable Expenses Reimbursable expenses include, but may not be limited to, all review and permit fees, overnight postage, mileage, and reproduction and printing costs. The Architect will provide prints to the Owner if requested, otherwise the Owner may elect to print documentation directly in house. Instruments of Service Plans and specifications are instruments of service and remain the property of Smith Sinnett Architecture, P.A. Indemnification Architect and Client agree to mutually indemnify,defend and hold each other harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys'fees and all legal expenses and fees incurred on appeal, and all interest thereon, accruing or resulting to any and all persons,firms or any other legal entities on account of any damages or losses to property or persons, including injury or death, or economic losses, arising out of the Project and/or the performance or non-performance of obligations under this Agreement, except to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by the Architect's or Client's negligent errors or omissions. 4600 I.....alke Boone .i iralili, Suite 205 IRalieli€ Ih, NC 27607 919.781.8582 II...IUB Certified www.r,::,inrli.I� (,:'Aliinnett.cc:ainr 20 00000 00100 100 11111111 u. 111111111 un:11111 11111111111111111111111 rim Termination The Owner or the Architect upon giving ten days' written notice can terminate this Agreement at any time. Termination by the Owner shall comply with all other items herein. This Agreement, unless previously terminated by written notice, shall be terminated by the final payment for the finished work. If Agreement is terminated, Client agrees to pay the Architect for all Services rendered and Reimbursable Expenses incurred up to the date of termination. Upon not less than seven days'written notice, the Architect may suspend the performance of its services if Client fails to pay the Architect in full for services rendered or expenses incurred. Architect shall have no liability because of such suspension of service or termination due to nonpayment. Additional Services Should the Owner request any major changes in the scope of the work after the completion of previously approved phases, this work shall be performed as an additional service. Prior to commencement of additional design and documentation services, the Owner and Architect shall agree in writing to a specified additional cost to accomplish the work. CONSULTANTS: Civil Engineering Grounded Engineering 4909 Liles Road Raleigh, North Carolina 27606 Landscape Architecture Site Collaborative 727 West Hargett Street, Suite 101 Raleigh, North Carolina27603 Structural Engineering Lynch Mykins 415 Hillsborough Street, Suite 101 Raleigh, North Carolina 27603 MPE&FP Engineering Progressive Design Collaborative 3101 Poplarwood Court, Suite 320 Raleigh, North Carolina 27604 Cost Estimator Mulford Cost Management, LLC 1017 Ashes Drive, Suite 104, Wilmington, North Carolina 28405 4600 I.....alke Boone .i iralili, Suite 205 IRalieli€ Ih, NC 27607 919.781.8582 II...IUB Certified www.r,::,inrli.l� (,:'Aliinnett.cc:ainr 21 u IIIIII 1.1.11 00.00 uoi uuui No Until such time as an Owner's contract document may be prepared and signed by both parties, this agreement shall serve as a binding contract entered into as of the day and year first written above. ACCEPTED BY: Smith Sinnett Architecture Orange County By: Rhonda Angerio, AIA, President By: (Name and Title) (Name and Title) Signature: Signature: Date: Date: 4600 I.....alke Boone .1f iralili, Suite 205 IRalieli€ Ih, INC 27607 919.781.8 82 II....IL.➢B Certified www.r,::,imith °:)liininett.cc:ainr AccoREP CERTIFICATE OF LIABILITY INSURANCE D212(MM/DD/YYYY) 08/18/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. 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NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RETED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 10,000 A PSB0006123 03/16/2017 03/16/2018 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY JECT PRO LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED PSA0002171 03/16/2017 03/16/2018 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) Medical payments $ 5,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE PSE0002685 03/16/2017 03/16/2018 AGGREGATE $ 1,000,000 DED RETENTION $ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N 500,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE N/A PSW0003488 03/16/2017 03/16/2018 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Each Claim $2,000,000 Professional Liability B AEC-9016366-02 08/17/2017 08/17/2018 Aggregate $4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough NC 27278 ! 7 L2. I (7 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD