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HomeMy WebLinkAbout2018-523-E AMS - HH Architecture contract amendmentNORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into this 20th day of August, 2018 by and between ORANGE COUNTY (hereinafter referred to as “County”) and HH Architecture, P.A. (hereinafter referred to as “Provider”). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated April 5th, 2016, (hereinafter the “Original Agreement”), for the provision of consulting services for the design of the Orange County Environment and Agriculture Center; and WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: 1. In order to ensure the completion of the Services identified in the term of the Original Agreement is amended to reflect an end date by which all Services shall be completed of no later than March 31st, 2021. 2. Section 3 a.i is amended to reflect the Basic Services as depicted in the attached proposal titled “Orange County Environment and Agricultural Center – Amendment #1” dated August 16th, 2018 to include the proposal’s additional design scope related to the Park Operations Base components. 3. Section 3.a.ii is amended to reflect the Tasks and Milestones listed in Exhibit 1 of this Amendment. 4. Section 5 a. is amended to reflect a maximum payable not-to-exceed amount of $554,450, which is the sum of the scope of services equaling $518,650 described in the attached proposal titled “Orange County Environment and Agricultural Center-Amendment #1” dated August 16th, 2018 and the $35,800 related to the initial preliminary study included in the Original Agreement. 5. Section 11 b. is stricken in its entirety and replaced with: 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. Provider 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. 6. Section 11 c. is stricken in its entirety and replaced with: By executing this Agreement Provider affirms that Provider and any subcontractors of Provider 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 Provider’s breach of this DocuSign Envelope ID: 7B8562A0-AFF8-46FE-BD6D-399B7C6FD049 Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement, Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the Iran divestment list created by the State Treasurer pursuant to G.S. 147-86.58 or the Israel boycott list created pursuant to G.S. 147-86.81. 7. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event that there is a conflict between the Original Agreement and this Amendment, this Amendment shall control. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY HH ARCHITECTURE, P.A. ______________________________ __________________________________ Bonnie B. Hammersley Kristen Hess County Manager Principal DocuSign Envelope ID: 7B8562A0-AFF8-46FE-BD6D-399B7C6FD049 EXHIBIT 1 The Basic Services will be performed by the Provider in accordance with the following schedule: Task Milestone Date 1. Program Verification, Schematic Design October 15th, 2018 2. Design Development December 31st, 2018 3. Constr. Documents, Review, Approval April 30th, 2019 4. Construction Administration estimated April, 2020 - January, 2021 (10 months duration) 5. Final Occupancy January 31st, 2021 6. Closeout March 31st, 2021 DocuSign Envelope ID: 7B8562A0-AFF8-46FE-BD6D-399B7C6FD049 1 May 25, 2018, July 23, 2018,Revised August16, 2018 Jeffrey E. Thompson Director, Asset Management Services Orange County Government 131 West Margaret Lane, Suite 300 PO Box 8181 Hillsborough, NC27278 Sent via email to: jethompson@orangecountync.gov Re: Orange County Environment and AgriculturalCenter–Amendment #1 HH Project Number: 15-082 Dear Jeff, HH Architecture ispleased to present thisAmendment #1proposal for the design of theOrange County Environment and AgriculturalCenterand theDepartment of Environment, Agriculture, Parks, and RecreationPark Operations Facility inthe planned Orange County Northern Campus. Our project understanding, scope of services, schedule, proposed consultants, and fees are described below. 1.Basic Scope: A.This proposal is an amendment to the original contract datedApril 5, 2016for full design services on the Orange County Environment and Agricultural Center(EAC). The projectwill no longer pursue a building renovation on the Revere Roadproperty andwill instead pursue newsingle-storyconstruction on a greenfield siterecently acquired offHighway70.The new sitewill be part of the larger, planned Orange County Northern Campus, and will include utilities and primary access to the site from Highway 70 under a separate agreement. In addition to the design services on the EAC,the design team hasalsobeen tasked with similar full design services for a separate Department of Environment, Agriculture, Parks, and Recreation (DEAPR)Park Operations Facility, also to be located within the Northern Campus on an adjacent portionof thesite. B.EAC:The program for the Environment and Agricultural Centerwill remain similar to thespace needs assessment outlined in part 3. of the January 2017 Preliminary Study Report, with minor updates to the work spaces for staffing changes, and with the addition of a new 2,000 SF office suite for DEAPR Park Operations administrative staff. With the added suite,thebuildingwill grow toapproximately 17,000 SF. DocuSign Envelope ID: 7B8562A0-AFF8-46FE-BD6D-399B7C6FD049 2 C.Park Operations Facility:ThenewPark Operations Facility will consist of a6,000SF pre-engineered park operationssupport buildingand surrounding secure outdoor storage yard.Programmingfor the support buildingincludesseveral pull-through shop bays for small equipment maintenance,indoorstorage cages,incidental support spaces,and an exterior covered storage area.It is our understanding that shop functions within the facility will be limited to small equipment maintenance and repair. Additional design provisions for hazardous material storage and vehicle maintenance are not included in this agreement and are not permitted by zoning. Administrative support spaces, including offices, work stations, and conference rooms, will be located in thenew office suite within theEnvironment and Agricultural Center. D.Site Design:A preliminary site layout for both facilities on the Northern Campus was provided by the Civil/Site designer. For the purposes of this proposal, it is assumed the site design will continue from the Civil/Site designer’s concept sketch “Cornelius Street Property Concept,” dated January 30, 2018.Additional considerations for site design within the Northern Campusinclude the following: 1.It is understood that the County is currently in negotiations with the adjacent parcel holder for a “land swap” agreementaffecting the eastern parcel boundary. Any work that the Design Team is instructed to perform in anticipation of the future parcel boundaries and prior to a fully executed land swap agreement is at the County’s risk. Substantial redesign caused by alaterchange to the parcel boundaries will be considered a change in project scope and is not covered under this agreement. 2.The Civil/Site designerwill be concurrently working for another client to provide services for the overall Orange County Northern Campus, of which the Environment and Agricultural Center and Park Operations Facility will be a part. The larger project will provide basic onsite and offsite campus infrastructure, site development for a separate detention center facility, and rough grading and utility stubs for this project. 3.Orange County will realize some cost efficiencies using a campus approach with some common infrastructure elements. However, the site design and fees do not fully reflect all of these efficiencies,since the various campus uses will have two different design teams with unique team coordination needs, different protocols and contacts for client review, and different design / approval schedules. For the purposes of this proposal, we anticipate that the Environment and Agricultural Center and Park Operations Facility will require a regulatory review process separate from any other campus site review. 4.For the new site, Orange County will provide geotechnical reports, environmental and hazardous materials reports, flow tests,and a site survey by early July 2018. 5.At the end of the construction phase for each facility, Orange County will provide an as-built site survey as needed. E.Budget:The construction budget for both the Environment and Agriculture Center and Park Operations facility is $4.6 million total with $3,876,000 (17,000 SF at $228/SF) for the EAC and $720,000 (6,000 SF at $120/SF) for the Park Operations Facility. It is our understanding that these costs only include the base building cost with contractormark- up. Site costs and soft costs are not included.For the purposes of this proposal, it is assumed site construction costs beyond the extents of the building footprint will be allocated from the overallNorthern Campus construction budget. F.It is assumed thatthe Owner does not intendto pursue certification inenhanced energy standardsfor either facility, including LEEDorTriangle J High Performanceguidelines. Therefore, documentation proceduresfor certificationare not included in our scope of work.The Design Team will work to pursue energy efficient design in compliance with the North Carolina State Building Code and will work with the Owner’s consultants to provide information for the purposes of enhanced energy modeling under a separate agreement. DocuSign Envelope ID: 7B8562A0-AFF8-46FE-BD6D-399B7C6FD049 3 G.For the purposes of this proposal, we have assumed that both projects will be designed as part of a single design package and will bebid andconstructed concurrently.The construction delivery method shall be Construction Manager at Risk by a qualified Construction Manager under a separate contract.The project will be permitted through the Town of Hillsborough. H.Basic Design Scope:The scope of work for each discipline is as follows: 1.Architectural design includes: a.Overall leader of the project b.Confirm programmatic requirements c.Conduct meetings with Owner and stakeholders d.Design of the 17,000 SF Environment and Agricultural Center and 6,000 SF Park Operations Facility e.Provide code summary and compliance f.Coordinate all disciplines of design g.Present work at each of the phases listed in section 4 h.Secure approvals from all authorities having jurisdiction i.Assist with questions j.Assist the Construction Manager withcost estimates at each phase k.Assist with bidding l.Oversee constructionadministration services m.Oversee closeoutdocumentation 2.Site/Civil design includes: a.Engineer’s work will include necessary coordination to secure approvals by the Owner, Town of Hillsborough, and North CarolinaDepartment of Environmental Quality. b.The overall campus project will require design of at least one stormwater detention and treatment device, which will be covered under separate agreement with others.No additional stormwater management strategies are anticipated for the EnvironmentalandAgricultural Center and Park Operations Facility. c.Water and sewer main extensions for the overall campus will be covered under separate agreement with others. The DEAPR facilities will connect to these using individual service lines. d.The project will require an onsite water main service to supply a fire protection sprinkler system for the Environment and Agricultural Center.Engineer will provide a fire protection flow analysis for the project to verify watersystem flow and pressure. Engineer will rely on fire hydrant flow test dataprovided by the Town of Hillsborough for this purpose. e.Landscape planting design for code minimum compliance.Design and selection of landscape plantings within the outdoor demonstration gardens is not included. It is assumed any landscape irrigation system will be vendor designed, and irrigation design is not covered under this agreement. f.A traffic impact study is not anticipated and not included under this agreement. Work related to roadway widening for a left-turn lane along Highway 70, as well as sidewalk improvements along the Highway 70 frontage, is covered under a separate agreement with others. g.Solid waste facilities to serve the Orange CountyNorthern Campus will be provided under a separate agreement, including the Solid Waste Management Plan.It is assumed the DEAPR facilities will have access to the campus solid waste facilities. 3.Plumbing design includes: a.Domestic Water System Design withinand beneath the extents of the building DocuSign Envelope ID: 7B8562A0-AFF8-46FE-BD6D-399B7C6FD049 4 b.Sanitary waste system design within and beneath the extents of the building c.Roof drainage design shall be limited to piping only (no roofing or drains) within and beneath the extents of the building. d.Natural gas piping design shall be limited to piping beyond the load side of the meter e.Specialty equipment (food service, lab, etc.) plumbing infrastructure design shall be based on the equipment layout and equipment consumption/use data 4.Mechanical design includes: a.Design shall include air handling and heat transfer systems in and aroundthe building structure b.HVAC controls design c.Natural gas piping design shall be limited to piping beyond the load side of the meter d.Specialty equipment (food service, lab, etc.) HVAC infrastructure design shall be based on equipment consumption/use data 5.Electrical design includes: a.Design shall include power, lighting, and fire alarm systems for the building b.Design of electrical site utilities shall be limited to the secondary distribution beyond the service transformer c.Design for special systems (audio/visual, voice reinforcement, security, etc.) shall include empty raceway system for future inclusion of cabling and equipment by the Owner. Electrical infrastructure design shall be based on equipment layout and consumption/use data d.Design for telecommunications shall include passive equipment only defined as outlets and associated cabling in structured raceway/cabletray systems terminating at the patch panels within the extents of the building. Fiber (data) and copper (telephone) backbones shall be included within the extents of the building. Design for active equipment (patch cords and active electronic components) is not included. Active equipment shall be provided by the Owner e.Specialtyequipment (food service, lab, etc.) electrical infrastructure design shall be based on equipment layout and consumption/use data. 6.Fire Sprinkler Protection design includes: a.To the extent required by Code, fire sprinkler design within and beneath the extents of the building structure will consist of establishing the criteria and performance requirements. Final design will be by the Construction Contractor 7.Structural design includes: a.Prior to the start of design, a project specific geotechnical report is needed b.Assumes a seismic class D or better c.Assumes shallow foundations are acceptable with a first floor concrete slab- on-grade d.Assumes a relatively flat site that will not require retaining walls e.Environment and Agricultural Center: design will pursue a conventional steel structure. Assumes simple structural steel framed rectangular building with a flat/low slope roofwith braced frames for lateral load resistance and exterior metal stud walls or load bearing masonry walls. DocuSign Envelope ID: 7B8562A0-AFF8-46FE-BD6D-399B7C6FD049 5 f.Park Operations Facility: design will pursue a pre-engineered metal building (PEMB).Structural design will be limited to foundation design for a slab-on- grade foundation. Engineer will review the building manufacturer’s design criteria and final foundation reactions and will be considered the structural engineer of record. 2.Additional Scope A.In the event that any of the following items are requested and/or required, the corresponding fees in section 4 will be needed: 1.Security system component design 2.Site lighting design 3.Consultants A.For Structural Engineering, we propose: 1.Lynch MykinsStructural Engineers, PC Contact: Anna E. Lynch, PE 415 Hillsborough Street Raleigh, NC 27603 Phone: (919) 782-1833 B.For Mechanical Electrical, and Plumbing(MEP)Engineering, we propose: 1.Stanford White, Inc. Contact: William M. Smith, PE P.O. Box 19944 Raleigh, NC 27619 Phone: (919) 832-8118 C.For Site/CivilEngineering, we propose: 1.Civil Consultants, Inc. Contact: Tony Whitaker,PE 3708 Lyckan Parkway, Suite 201 Durham, NC 27707 Phone: (919)490-1645 4.Basic Design Phases A.Basic Design Phase 1 1.Schematic Design(SD):Perform preliminary code analysis. Provide written project narrative, site plan, building floor plans, and cost estimate. Attend all meetings required by Owner. Submit to Owner and AHJand coordinate for approval. 2.Design Development(DD):Respond to all SD comments. Continue design process in all disciplines. Provide outline specifications, code summary sheet, site plans, floor plans, and wall sections. Provide room/doorschedules, engineering drawings, and cost estimate. Attend all meetings required by Owner. Submit to Owner and AHJand coordinate for approval. 3.Construction Documents(CD):Respond to all DD comments. Provide full working drawings and specifications. Submit to Owner and AHJand coordinate for approval. Provide cost estimate. Attend/lead all meetings required by Owner. DocuSign Envelope ID: 7B8562A0-AFF8-46FE-BD6D-399B7C6FD049 6 4.Bidding:AssumesConstruction Manager at Risk delivery method. Assist with prequalification and bidding of the Construction Manager’s subcontractors. B.Basic Design Phase 2 (estimatedSummer 2019start, pending progress on the separate total site package) 1.Construction Administration(CA):Basic fee includes construction administration for an estimated duration of ten(10) months.Assumes Construction Manager at Risk delivery method.Perform architectural coordination, submittal review, and related Construction Administration. Lead the pre-construction meeting. Provide bi-weekly jobsite visits(up to 22visits anticipated)and lead monthly construction meetings(up to 10meetings anticipated),punch listand final inspection. 2.Closeout(CO):Record drawings and closeout of project. 5.Schedule A.We understand the goal is for construction to begin in the Summer of 2019. The following is an estimated schedule for the scope upon receipt of Notice to Proceed: 1.Schematic Design (SD)...............................................................8 weeks 2.SD Owner review........................................................................3 weeks 3.Design Development (DD)..........................................................8 weeks 4.DD Owner review........................................................................3 weeks 5.Construction Documents (CD)..................................................12 weeks 6.CD Owner/AHJ review*..............................................................6 weeks* 7.Bidding........................................................................................5 weeks 8.Contract Negotiation...................................................................4 weeks 9.Construction Duration...............................................................44 weeks B.*Permitting review times may vary DocuSign Envelope ID: 7B8562A0-AFF8-46FE-BD6D-399B7C6FD049 7 6.Fee A.The following fees are intended to replace all design fees(with the exception of the Preliminary Studyfee)provided on our original proposal dated March 1, 2016. EAC Building (Conventional) Schematic Design$46,970 Design Development$65,990 Construction Documents$95,230 Bidding$10,180 Construction Administration$87,500 Closeout$11,580 Subtotal$317,450 Park Ops Building (Pre-Engineered) Schematic Design$18,800 Design Development$24,900 Construction Documents$36,100 Bidding$6,300 Construction Administration$32,100 Closeout$7,100 Subtotal$125,300 Site/Civil Engineering Schematic Design$9,200 Design Development$18,400 Construction Documents$25,300 Bidding$4,600 Construction Administration$13,800 Closeout$4,600 Subtotal$75,900 Total Basic Design Fee$518,650 Additional Services (if requested) Security System Design$4,600 Site Lighting Design$4,600 *Note: Thefees detailed above are not intended to be “a la carte”and are broken up purely for informational purposes. DocuSign Envelope ID: 7B8562A0-AFF8-46FE-BD6D-399B7C6FD049 8 7.Excluded Services A.Not required by code,or otherwise not anticipated: 1.Rezoning of property 2.Chapter 17 special inspections 3.Traffic impact analysis 4.LEED design and certification B.Provided under separate contract: 1.Surveying 2.Geotechnical investigations 3.Environmental investigations 4.Permitting fees 5.Hydraulic analysis 6.New driveway permit or utility encroachment permit from NCDOT 7.Off-site utility design C.Excluded designservices, to be billed as Additional Services only if required: 1.General: a.Project scope increaseor change b.Design of the additional space beyond what is listed in the programming document c.Design for complex or large-scale bid alternates d.Express review e.Life cycle and operating cost analysis f.Any other service not listed in scope 2.Additional Meetings: a.Additional monthly construction meetings beyond the anticipated10 b.Additional architectural CA visits beyond the anticipated22 c.Additional MEP CA visits beyond the anticipated12 d.Additional structural CA visits beyond the anticipated5 e.Additional site/civil CA visits beyond the anticipated4 f.Public meeting attendance g.Fundraising meeting attendance 3.Additional Architectural Services: a.Renderingsfor fundraising b.Furniture, Fixtures, and Equipment (FF&E) selection and design c.Site signage design d.Commercial kitchen design, including equipment and walk-in freezers and coolers (warming kitchen is included) 4.Additional Site Design: a.Involvement in stormwater runoff management or mitigation issues that may be raised by regulatory agencies beyond typical requirements, due to site- specific characteristics or concerns b.Unusual site work associated with conditions discovered during construction or geotechnical exploration (i.e. underground storage tanks/hazardous materials, unusually large quantities ofrock or unsuitable material, on-site disposal area/landfills, etc.) c.Water re-use or water supply well system design d.Site retaining wall design above 48 inches e.Wetlands delineation/permitting f.Irrigation design DocuSign Envelope ID: 7B8562A0-AFF8-46FE-BD6D-399B7C6FD049 9 5.Additional Mechanical, Electrical, and Building Systems Design: a.Energy measurement and verification plans b.Computer day-lighting simulations c.Design of emergency/stand-by generator system d.Design of voice reinforcement wiring/equipment e.Audio Visual systems design f.Design for hazardous material storage g.Design for vehicle maintenance Please let me know if you need additional information. We are very excited to continuethis project! Sincerely, Kristen Hess, AIA, LEED AP Principal DocuSign Envelope ID: 7B8562A0-AFF8-46FE-BD6D-399B7C6FD049 TheACORDnameandlogoareregisteredmarksofACORD CERTIFICATE HOLDER ©1988-2014ACORDCORPORATION.Allrightsreserved. ACORD25(2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES(Eaoccurrence)$DAMAGE TO RENTED EACHOCCURRENCE$ MEDEXP(Anyoneperson)$ PERSONAL&ADVINJURY$ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACHOCCURRENCE$UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACHACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. 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COVERAGESCERTIFICATENUMBER:REVISIONNUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC# INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDINGCOVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 8/3/2018 Insurance Management Consultants, Inc. P.O. Box 2490 DavidsonNC28036 Doug Farber (704)799-1600 (704)799-2955 doug@imcipls.com HH Architecture, PA 1100 Dresser Ct RaleighNC27609 RLI Insurance Company13056 713/18 All Lines Update A X X X X PSB00052584/26/20187/13/2018 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 Hired and Non Owned 2,000,000 A XX PSB0005258 7/13/20187/13/2019 2,000,000 A N PSW0003050 7/13/2018 7/13/2019 X 1,000,000 1,000,000 1,000,000 A Professional Liability RDP00331617/13/20187/13/2019 Per Claim $1,000,000 Aggregate $2,000,000 Orange County is additional insured as regards General Liability coverage. Jeff Todd/DGF Orange County P. O. Box 8181 Hillsborough, NC 27278 jethompson@orangecountync. DocuSign Envelope ID: 7B8562A0-AFF8-46FE-BD6D-399B7C6FD049