HomeMy WebLinkAboutSTUDIO 3 DESIGN GROUP EAST CENTRAL GEORGIA REGIONAL LIBRARY HEADQUARTERS
t!"'"
AMENDMENT NO.1
to
LUMP SUM AGREEMENT FOR
DESIGN CONSULTANT SERVICES
BETWEEN
Augusta, Georgia, a political subdivision of the State of Georgia
Acting by and through the
Richmond County Commission
Hereinafter Referred to as Owner
AND
Studio 3 Design Group
Hereinafter Referred to as Design Consultant
PROJECT: Augusta Richmond County Public Library/ East Central Georgia
Regional Library Headquarters
ORIGINAL CONTRACT DATE: February 23, 2006
DATE OF AMENDMENT: March 1, 2008
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
ARCH-LS.PM 7/31/92
AGREEMENT FOR DESIGN CONSULTANT SERVICES
TABLE OF CONTENTS
Page
Definitions................................................................................ ..........................4
Relationship of the Parties .................. ........... .......... ............... ....... .............. .....5
Basic Services...................................................................................................... 5
Compensation..................................................................................................... 6
Period of Services ............. .... .......... .............. ...... ............ ...................... .............. 7
Owner's Responsibilities.................................................................................... 7
Additional Services............................................................................................ 7
Notices.....................................................................;;......................................... 7
Ins urance ............................................................................................................ 7
Indemnification ............ ................................. ............ .... ........... ...... ...... ........ ...... 7
Termination of Agreement................................................................................. 7
Dispute Resolution.... .............. ........... .............. ....... ................. ..... ................ ..... 7
Successors/Assignment/Third Parties............................................................... 7
Ownership of Documents/
Confidential Information................................................................................... 7
Additional Provisions......................................................................................... 7
Design, Construction and Equipment Budget ............................................... A8
Building Program (attached by reference)
Master Schedule.............................................................................................. C 1
Scope of Services............................................................................................. C 1
Additional Services......................................................................................... E 1
FF &E Scope of Services... .. . . .. .. . . .. ... ... ... ... . .. ... ... . . . ... ... ... . .. ... ... ... . .... .... . F 1
AMENDMENT NO.1 TO AGREEMENT FOR
DESIGN CONSULTANT SERVICES
WHEREAS an AGREEMENT for professional services was made, dated the 23rd
day of February, 2006, BETWEEN the Owner: Augusta, Georgia, a political subdivision of
the State of Georgia, acting by and through the Richmond County Commission; and the
Design Consultant: Studio 3 Design P.C., for Professional Services known as: Architectural
Design Services for Augusta Richmond County Public Library/East Central Georgia
Regional Library Headquarters, Augusta, Georgia; and
WHEREAS the parties to this AGREEMENT further agree that said
AGREEMENT should be modified to reflect the mutual desires of the Owner and Design
Consultant to add design of furnishings, fixtures and equipment to the scope of the project,
and to update and modify other Contract provisions as described herein; and
WHEREAS, the parties to said AGREEMENT desire to amend the following
documents incorporated into the Agreement:
ARTICLE 3 - BASIC SERVICES
ARTICLE 4 - COMPENSATION
EXHIBIT A - DESIGN AND CONSTRUCTION BUDGET
EXHIBIT C - MASTER SCHEDULE & CRITICAL DATE SCHEDULE
EXHIBIT D - SCOPE OF SERVICES;
EXHIBIT E - ADDITIONAL SERVICES
AND WHEREAS, the parties to said AGREEMENT desire to attach the following
document incorporated into the Agreement, to wit:
EXHIBIT F - FF&E SCOPE OF SERVICES
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Al
Now, THEREFORE, for and in consideration of the mutual promIses and
covenants herein contained, the Parties hereto agree as follows:
1. ARTICLE 3 - BASIC SERVICES is hereby amended and attached to and made
a part of this AGREEMENT and designated as ARTICLE 3 - BASIC SERVICES -
AMENDMENT 1.
2. ARTICLE 4 - COMPENSATION is hereby amended and attached to and made
a part of this AGREEMENT and designated as ARTICLE 4 - COMPENSATION
- AMENDMENT 1.
3. EXHIBIT A - DESIGN AND CONSTRUCTION BUDGET, is hereby amended
and attached to and made a part of this AGREEMENT and designated as
EXHIBIT A - DESIGN AND CONSTRUCTION BUDGET ~ AMENDMENT 1.
4. EXHIBIT C - MASTER SCHEDULE & CRITICAL DATE SCHEDULE, IS
hereby amended and attached to and made a part of this AGREEMENT and
designated as EXHIBIT C - MASTER SCHEDULE & CRITICAL DATE
SCHEDULE - AMENDMENT 1.
5. EXHIBIT D - SCOPE OF SERVICES, is hereby amended and attached to and
made a part of this AGREEMENT and designated as EXHIBIT D - SCOPE OF
SERVICES - AMENDMENT 1.
6. EXHIBIT E - ADDITIONAL SERVICES, is hereby amended and attached to
and made a part of this AGREEMENT and designated as EXHIBIT E -
ADDITIONAL SERVICES - AMENDMENT 1
7. EXHIBIT F - FF&E SCOPE OF SERVICES, is hereby attached to and made a
part of this AGREEMENT.
8. All other terms and conditions of the AGREEMENT not specifically amended
herein shall remain in full force and effect..
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A2
This amended AGREEMENT, together with referenced Exhibits A, B, C, D, E
and F, constitutes the entire agreement between the Owner and Design Consultant and
supersedes all prior written or oral understandings. This AGREEMENT and said Exhibits
may only be amended, supplemented, modified or canceled by a duly executed written
instrument. This AGREEMENT and said Exhibits shall hereafter be referred to as the
AGREEMENT.
ARCH-LS.PM 7/31/92
A3
AMENDMENT NO. 1
to
LUMP SUM AGREEMENT FOR
DESIGN CONSULTANT SERVICES
BETWEEN
Augusta, Georgia, a political subdivision of the State of Georgia
Acting by and through the
Richmond County Commission
Hereinafter Referred to as Owner
AND
Studio 3 Design Group
Hereinafter Referred to as Design Consultant
PROJECT: Augusta Richmond County Public Library/ East Central Georgia
Regional Library Headquarters
ORIGINAL CONTRACT DATE: February 23, 2006
DATE OF AMENDMENT: March 1, 2008
In WITNESS WHEREOF, the parties hereto have made and executed this
AGREEMENT as of the date noted.
OWNER
Augusta, Georgia, a political
Subdivision of the State of Georgia
Acting by and through the
Augusta Richmond County Conunission
By: ~~f ~
Deke S. Copenhaver ,\ .J:-/ _} 0 8'
Mayor t'"'O 811i
AttediJ; nOLi h1rI1 J
Clerk .. ..~
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DESIGN CONSULTANT
Studio 3 Design Group, P .C.
A4
ARTICLES 1-2
<No change>
ARTICLE 3
BASIC SERVICES
3.1 SCOPE OF SERVICES.
<No change>
3.2
DESIGN CONSULTANT'S
STANDARD OF CARE.
PROFESSIONAL RESPONSIBILITY AND
<No change>
3.3 PROJECT REQUIREMENTS.
3.3.1 Attached hereto and made a part of this Agreement as Exhibit "A" is the Design
and Construction Budget - Amendment 1, a component of which is the Project
Construction Budget. The Project Construction Budget shall be defined as the
total cost of constructing the Project, as illustrated in Exhibit "A" hereto. A
component of the Project Construction Budget is the Construction Contract
Award Price, hereinafter referred to as the CCAP. The CCAP for this Project, or
designated portion thereof, may be modified in writing only in the form of a
Design Phase Change Order executed by the Owner, Construction Program
Manager, and Design Consultant; or a Contract Amendment, executed by the
Design Consultant and Owner. The Design Consultant shall prepare drawings,
specifications and other documents necessary, including Additive Alternates, so
that the construction contract base bid from a responsive, responsible bidding
contractor, acceptable to the Owner and the Construction Program Manager,
shall be within the CCAP.
3.3.1.1 <No change>
3.3.1.2 With each Design Phase submittal and each interim, reVISIOn or subsequent
design submittal of the Design Consultant to the Owner, the Design Consultant
shall make the following statement in writing: "The drawings, specifications, and
other documents submitted herewith, in my/our professional opinion, fulfill the
Building Program requirements and the work indicated by them may be
purchased by the Owner in a construction contract or contracts, the total price of
which (CCAP) will not exceed $17,300,000.00; (based on bid date of no later than
June 15, 2008) and may be constructed completely within said contract price and
the in-progress contingency fund of 3.0% of said price. Further, in my/our
professional opinion, the above-mentioned documents submitted herewith have
been prepared in accordance with the Design Consultant Services Agreement."
3.3.2 <No change>
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AS
3.3.3 Incorporated herein and made a part of this Amended Agreement by reference as
Exhibit "C" is the Project Master Schedule - Amendment 1, which defines the
sequence and timing of the design and construction activities. Also included in
Exhibit "c" is the Critical Date Schedule, indicating critical dates to be adhered
to by the Design Consultant.
No deviation from the Master Schedule shall be allowed without written approval
for a change in the Master Schedule, in the form of a Design Phase Change Order
executed by the Owner, Construction Program Manager and Design Consultant;
or a Contract Amendment, executed by the Owner and Design Consultant.
Should the Owner and Construction Program Manager determine that the Design
Consultant is behind schedule, the Design Consultant shall expedite and
accelerate its efforts, including additional manpower and/or overtime, to maintain
the approved design schedule at no additional cost to the Owner.
3.4 PROJECT CONFERENCES.'
<No change>
ARTICLE 4
COMPENSATION
4.1 BASIC SERVICES COMPENSATION
4.1.1 The Owner shall compensate the Design Consultant in accordance with the terms
and conditions of this Agreement, including the following:
4.1.2 For the Basic Services of the Design Consultant, Basic Services Compensation
shall be in the amount of One Million Three Hundred Eight Thousand Dollars
($1.308,000).
4.1.3 <No change>
4.2 PAYMENTS TO THE DESIGN CONSULTANT.
<No change>
4.3 ADDITIONAL SERVICES COMPENSATION.
<No change>
4.4 ACCOUNTING RECORDS.
<No change>
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ARTICLES 5 -15
No changes.
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,
EXHIBIT A
DESIGN AND CONSTRUCTION BUDGET - AMENDMENT 1
DATE: February 28,2008
OWNER: Augusta, Georgia
PROJECT: Augusta Richmond County Public Library/ East
Central Georgia Regional Library Headquarters,
1. This budget is based on construction dates as follows:
Construction Contract Award: June, 2008
Substantial Completion: March,2010
Final Completion: July, 2010
2. Escalation rates shall be determined by the R. S. Means Cost Index for
Augusta (or nearest available city). Based on recent Index history in the area, a
projected rate of escalation of four percent (4%) has been allowed for in the figures
below based on the dates shown in Item 1. In the event of delay and/or publication of
above referenced Index Data contrary to projected rate of escalation, all of the following
figures are automatically adjusted by the foregoing Cost Index.
3. Budget for Construction Contract(s) Award Price (s):
CCAP:
$17.300.000
4. In-progress Contingency Fund to cover change orders
for unforeseen site conditions, minor design refinements,
and correction of minor errors and omissions in the Contact Documents.
Two point five percent ~%) of item 3 $519,000
5. Project Construction Budget
(Line 3 plus Line 4)
$17,819,000
6. Recommended Professional Fee Allowance and Reimbursables
for Design, Equipment and other Construction related
serVIces:
$1.308,000
$150.400
included in (a)
(a) Architectural and Engineering Services
(b) Commissioning
(c) Furnishings & Equipment (Interior Design)
(d) Landscape Architecture
(e) Surveys, Tests, Borings, Reports
(f) Models and Renderings
(g) Contingency, Reimbursables & Others
$15,000
$224,000
$10,000
$145,000
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A8
7. Professional Fees & Reimbursables for Design Services
8. Total Design and Construction Budget
Total of Lines 5 and 7)
Note: The following Project costs are not included in the above figures:
. Land Acquisition
. Environmental Abatement Consulting fees
. Demolition & Abatement
. Furnishings, Fixtures and Equipment
. Project Management fees
. Owner's Contingency
· Legal or Accounting fees
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A9
$1.852.400
$19.671.400
~
EXHIBIT B
BUILDING PROGRAM
<No change>
EXHIBIT C
MASTER SCHEDULE & CRITICAL DATE SCHEDULE
Exhibit C consists of the following, attached documents:
1. NEW ARC MAIN LIBRARY - MASTER SCHEDULE, AMENDMENT NO. 1 dated
2/26/08.
2. NEW ARC MAIN LIBRARY - CRITICAL DATE SCHEDULE, AMENDMENT NO.
1. dated 3/1/08.
ARCH-LS.PM 7/31/92
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EXHIBIT D
SCOPE OF SERVICES
The Basic Services below to be performed by the Design Consultant consist of professional
tasks which have as their objective the design, technical documents and construction
administration to provide the Owner with a complete and properly functioning facility.
The Basic Services shall be performed in accordance with the standard of care set forth in
this Agreement. The facility shall be suitable for the purposes for which it is intended,
comply with all applicable codes and laws, and completed on a timely basis within the
approved construction budget. The services are described under the Project Phases in
which they customarily occur. This order is for convenience only and does not necessarily
reflect the sequence in which a service will actually be performed, or necessarily limit the
Project, or a designated portion of the Project"to one of each Phase. These Phases may be
divided to facilitate the procurement of segregated portions of the Work, pursuant to the
approved Master Schedule (Exhibit C). The Owner reserves the right to designate the
phasing of segregated portions of the Work and to modify the Master Schedule, within the
terms and conditions of this Agreement.
A. PRE-DESIGN PHASE
1. The Design Consultant shall examine and analyze available information provided
by the Owner and Construction Program Manager and shall advise and recommend
as to additional information necessary to begin specific design work on the Project.
2. Upon analysis of all available information and prior to initiating any design tasks,
the Design Consultant shall participate in a Pre-Design Project Analysis on the
dates specified in the Master Schedule contained in Exhibit C or as may
subsequently be approved. The Design Consultant shall have in attendance the
individuals who will represent the primary architectural and engineering
disciplines on the project and others as may be requested by the Construction
Program Manager. The Construction Program Manager, in conjunction with the
Design Consultant, shall take and transcribe minutes of the sessions.
3. Upon conclusion of the Pre-Design Project Analysis and in accordance with the
Master Schedule of Exhibit C, the Design Consultant shall prepare a report to the
Owner (hereinafter referred to as the Design Narrative) which is the Design
Consultant's interpretation of the Project requirements, design parameters and
objectives, and results of the Pre-Design Project Analysis. To the maximum extent
possible, the Design Narrative will contain diagrammatic studies and pertinent text
relative to: design concept; Building Program; internal functions; human, vehicle
and material flow patterns; general space allocations; detailed analysis of operating
functions; studies of adjacency, vertical and horizontal affinities; and outline
descriptions of major building components and systems.
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DI
B. SCHEMATIC DESIGN PHASE
1. Upon written authorization from the Owner to proceed and, based on the approved
Design Narrative, the Project Construction Budget, Building Program of
requirements, and the Master Schedule (Exhibits A, B and C) the Design
Consultant shall prepare Schematic Design Studies consisting of drawings and
other documents illustrating the design concept, scale and relationship of the
Project components for approval by the Owner.
, 2. The Design Consultant shall provide the Construction Program Manager
periodically with copies of Schematic Design Studies for the Construction Program
Manager's review during the Schematic Design Phase. At the end of the Schematic
Design Phase the Design Consultant shall provide the Construction Program
Manager with eight (8) complete, half-size sets of the drawings and other
documents for approval by the Owner.
3. Documents prepared by the Design Consultant for final Schematic Design Phase
submittal shall include drawings and a written report. The drawings shall include,
but not be limited to, a proposed site utilization study of the property of the Project,
schematic plans of all floor plan conditions, and simplified elevations indicating the
fundamentals of the architectural concept. The report shall incorporate the Design
Consultant's Construction Contract(s) Award Price(s) (CCAP) estimate and
breakdown, as well as the Project Schedule. The Design Consultant shall prepare
such estimates as it deems necessary to assure itself that the project cost is within
the CCAP. Further, the report shall include such discussion of design factors, if
any, as are pertinent in the opinion of the Design Consultant and outline
descriptions of proposed engineered systems, construction methods, materials and
work to be included in the construction contracts.
4. To be considered acceptable for final Schematic Design Phase submittal, the
documents shall contain, as a minimum:
a. Architectural
Single-line drawings showing complete building layout, identifying the
various major areas, core areas and their relationships.
Preliminary exterior wall cross section and elevation indicating location
and size of fenestration, and indicating overall thermal transfer value for
exterior wall envelope.
ARCH-LS,PM 7/31/92
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Identification of roof system, deck, membrane flashing and drainage
technique and indicating overall combined heat transfer coefficient for
roof/ceiling composite and roof area.
Identification of all proposed finishes (includes all exterior surfaces, doors
and windows).
Site plan with building located and overall grading plan with a minimum
of 2'~ 0" contour lines. All major site development such as access road
paving, walls and outside support buildings, structured parking facilities,
and paved parking lots should be shown.
Gross and net area calculations separated to show conformance with the
Building Program.
b. Structural
, '
Structural systems layout with overall dimensions and floor elevations.
Identification of structural system (precast, structural steel with
composite deck, structural steel with bar joists, etc.).
Identification of foundation requirements (fill requirements, piles,
caissons, spread, footings, etc.).
c. Mechanical
Block heating, ventilating and cooling loads calculations including skin
versus internal loading.
Minimum of two HV AC systems that appear compatible with loading
conditions for subsequent life-cycle costing.
Single-line drawings of all mechanical equipment spaces, duct chases and
pipe chases.
Location of all major equipment in allocated spaces.
d. Electrical
Lighting fixtures outlined in plan and roughly scheduled showing types
and quantities of fixtures to be used.
Major electrical equipment roughly scheduled indicating size and capacity.
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Complete preliminary one-line electrical distribution diagrams with
indications of final location of service entry, switchboards, motor control
centers, panels, transformers and emergency generator, if required.
Legend showing all symbols used on drawings.
5. The Owner, Construction Program Manager and Commissioning Agent will review
the Schematic Design Submittal. Written review comments will be provided to the
Design Consultant, by the Construction Program Manager, upon completion of the
review. The Design Consultant WIll provide written response to all comments,
indicating dispensation, within two weeks of receipt of said comments.
6. Upon Owner acceptance and approval of the Schematic Design, the floor elevations
and exterior wall locations (building "footprint") may not be changed except by
written authorization from Owner.
C. DESIGN DEVELOPMENT PHASE
1. The Design Consultant shall prepare from the approved Schematic Design Studies,
for further approval by the Owner, the Design Development Documents consisting
of drawings and other documents to fix and describe the size and character of the
entire Project as to structural, mechanical and electrical systems, materials and
such other essentials as may be appropriate.
2. Design Development Documents prepared by the Des~gn Consultant shall include
drawings and a written report in more detail than the Schematic Design Documents
and shall take into account the Owner's comments on the previous submittal.
Drawings shall include dimensioned site development plan, floors plans, elevations,
and one or more typical sections indicating proposed construction. Drawings' shall
also include information on major finishes as well as diagrammatic drawings
illustrating fundamentals of major engineered systems, i.e., structural, mechanical
and electricaL
3. The Design Consultant shall provide the Construction Program Manager with two
copies of in-progress Design Development Documents during the Design
Development Phase, at the mid-point of the phase. At the end of the Design
Development Phase the Design Consultant shall provide the Construction Program
Manager with eight (8) complete sets of half-size drawings and other documents for
approval by the Owner. The documents for this final Design Development Phase
submittal shall consist of, as a minimum:
a. Architectural
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Floor plans with final room locations including all openings.
Wall sections showing final dimensional relationships, materials and
component relationships.
Identification of all fixed and loose equipment to be installed in contract.
Finish schedule identifying all finishes.
Well-developed door schedule showing final quantity plus type and quality
levels.
Virtually complete site plan including grading and drainage.
Preliminary development of details and large scale blow-ups.
Legend showing all symbols used on drawings.
Outline specifications.
Reflective ceiling development including ceiling grid and all devices that
penetrate ceiling (i.e., light fixtures, sprinkler heads, ceiling register or
diffusers, etc.).
b. Structural
Plan drawings with all major structural members located and sized.
Footing, beam, column and connection schedules.
Final building elevations.
Outline specifications.
Foundation drawings.
c. Mechanical
Heating and cooling ,load calculations for each space and major duct or
pipe runs sized to interface structural.
Major mechanical equipment scheduled indicating size and capacity.
Duct work and piping substantially located and sized.
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Devices in ceiling located.
Legend showing all symbols used on drawings.
Outline specifications.
d. Electrical
All power consuming equipment and load characteristics.
Total electric load.
Major electrical equipment (switchgear, distribution panels, emergency
generator, transfer switches, UPS system, etc.) dimensioned and drawn to
scale into the space allocated.
Complete preliminary site lighting design.
Outline specifications.
Lighting, power, telecommunications and office automation devices and
receptacles shown in plan.
Light fixture schedule with all major fixtures identified.
Interior electrical loads estimate for systems furniture, receptacles,
lighting, food service equipment, and any other special use areas, etc.
4. The Owner, Construction Program Manager and Commissioning Agent will review
the Design Development SubmittaL Written review comments will be provided to
the Design Consultant, by the Construction Program Manager, upon completion of
the review. The Design Consultant will provide written response to all comments,
indicating dispensation, within two weeks of receipt of said comments.
D. CONSTRUCTION DOCUMENTS PHASE
1. Upon written authorization from the Owner to proceed, the Design Consultant shall
prepare from the approved Design Development Documents, Working Drawings and
Specifications setting forth in detail the requiremEmts for the construction of the
entire Project. The Owner will provide the Conditions of the Contract (General and
any Supplementary), Advertisement for Bids, Instructions to Bidders, time control
specification provisions, and Construction Proposal Forms and Agreement(s) which
the Design Consultant shall incorporate into the Construction Documents.
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~
2. Construction Documents shall be packaged as prescribed in the Master Schedule
and completed in accordance with the Schedule.
3. Detailed drawings shall cover all work included in the Project or designated portion
thereof.
4. Specifications shall be prepared using the Construction Specifications Institute 16
division format.
5. The Design Consultant shall provide the Construction Program Manager with two
half-size (2) copies of in-progress Construction Documents .during this phase, at the
50% CD completion stage. Additionally, and in accordance with the Master
Schedule, the Design Consultant shall submit for approval by the Owner four (4)
sets of preliminary Construction Documents at the stage of 90% completeness. The
90% stage shall include complete technical specifications from all disciplines.
6. After review and approval of the 90% Construction Documents by the Owner, the
Design Consultant shall continue with preparation of final Construction Documents
and Bid Documents, including assimilation of complete Project Manual with final
Technical Specifications and Owner's front end documents, for all authorized work
on the Project and shall incorporate in those final documents the comments and any
modifications and changes desired by the Owner and any modifications required for
compliance with all applicable codes, regulations, standards, the approved program,
and' prior written approvals and instructions of the Owner. The resulting final
Construction Document submittal is to be a complete, fully coordinated, integrated
package, suitable for bidding distribution, without any significant addenda or
further clarification required. Submit one complete, final set of proposed Bid
Documents to the Owner, along with written responses to 90% Review Comments,
for final review.
7. The Design Consultant shall participate in such reviews and meetings as are
necessary to ensure that the project design confirms to all applicable codes and
requirements of responsible agencies, and will make any changes to the
Construction Documents which are required for issuance of all permits and legal
authorizations needed to construct the Project.
8. The Design Consultant shall make any changes to the Construction Documents
which are deemed necessary to result in a Contract Award Price which will fall
within the CCAP budget established in Exhibit A.
9. As part of Basic Services, the Design Consultant shall develop FF&E design
drawings and specifications, and a cost estimate of same, in accordance with the
Scope of Services described in Exhibit F.
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E. CONSTRUCTION BID/AWARD PHASE
1. After receiving written authorization from the Owner, the Design Consultant shall
proceed with the Construction Bid/Award Phase.
2. The Design Consultant shall prepare such clarifications and addenda to the bidding
documents as may be required. The Design Consultant will provide these to the
Owner.
3. The Construction Program Manager will schedule and conduct Prebid Conferences
with prospective bidders to review the Project requirements. The Design
Consultant shall provide knowledgeable representatives, including representatives
of its consultants, to participate in these conferences to explain and clarify Bidding
Documents. Within two days after the Pre bid Conference the Design Consultant
shall deliver to the Owner, if needed, a final Addendum.
4. The Design Consultant shall assist the Construction Program Manager and the
Owner in obtaining or evaluating bids or negotiating proposals and preparing
recommendations for the Owner concerning the contract award.
5. Should first bidding or negotiation produce prices in excess of the approved CCAP,
the Design Consultant shall participate with the Construction Program Manager in
such rebidding, renegotiation, and redesign, at no additional expense to the Owner,
as may be necessary to obtain price(s) within the approved CCAP or price(s)
acceptable to the Owner. The Owner will assist in redesign decisions. All redesign
must be approved by the Owner.
6. Should the Design Consultant redesign or conduct rebidding under its
responsibilities set out in the preceding paragraph, its Construction Phase and Post
Construction Phase services shall be extended to take redesign/rebid delays into
account at no additional expense to the Owner.
7. The Design Consultant shall assist the Construction Program Manager in the
preparation of the Agreement(s) Between Owner and Contractor(s) for the Owner's
execution. The Construction Program Manager will coordinate award(s) and
Notice(s) to Proceed for the Owner.
F. CONSTRUCTION PHASE
1. The Construction Phase for each portion of the Project will commence with the
award of the Construction Contract and will terminate when the Substantial
Completion payment is made by the Owner.
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2. The Design Consultant shall consult with the Construction Program Manager and
the Owner and participate in all decisions as to the acceptability of subcontractors
and other persons and organizations proposed by the Contractor for various portions
of the work.
3. The Design Consultant shall review and approve shop drawings, samples, and other
submissions of Contractor(s) as well as the Work performed by the Contractor(s) for
conformance with the design concept of the Project and for compliance with the
Contract Documents. The review and return of submittals shall be accomplished by
the Design Consultant within fourteen (14) calendar days from date of receipt
except when otherwise authorized by the Construction Program Manager.
4. The Construction Program Manager will establish with the Design Consultant
procedures to be followed for review and processing of all shop drawings, catalog
submissions, Project reports, test reports, maintenance manuals, and other
necessary documentation, as well as requests for changes and applications for
extensions of time.
5. The Design Consultant shall, when requested by the Construction Program
Manager, prepare Change Order documentation.
6. The Design Consultant shall render to the Construction Program Manager, within
two (2) working days unless otherwise authorized by the CPM, requested
interpretations of requirements of the Contract Documents. The Design Consultant
shall make all interpretations consistent with the intent of and reasonably inferable
from the Contract Documents. The Design Consultant's decision in matters relating
to artistic effect shall be final if consistent with the intent of the Contract
Documents.
7. Should errors, omissions or conflicts in the drawings, specifications or other
Contract Documents by the Design Consultant be discovered, the Design Consultant
will prepare and submit to the Construction Program Manager, within two (2)
working days unless otherwise authorized by the CPM, such amendments or
supplementary documents and provide consultation as may be required, for which
the Design Consultant shall make no additional charges to the Owner.
8. The Construction Program Manager, as the exclusive representative of the Owner
throughout this Contract, shall be the single point of contact with any and all
Contractors, except when the Construction Program Manager or the Owner shall
direct the Design Consultant otherwise. All instructions to the Contractor(s) shall
be issued by and through the Construction Program Manager except when the
Design Consultant is directed otherwise by the Construction Program Manager.
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9. The Design Consultant will have access to the Work at all times. All site visits,
observations, and other activities by the Design Consultant shall .be coordinated
through the Construction Program Manager.
10. The Design Consultant and its consultants (including, but not limited to, the
structural, mechanical and electrical disciplines) shall make such periodic visits to
the Project site as may be necessary to familiarize themselves generally with the
progress and quality of the Work and to determine in general if the Work is
proceeding in accordance with the Contract Documents. On the basis of such
on-site observations, the Design Consultant and its consultants shall take the
appropriate steps to guard the Owner against defects and deficiencies in the Work
of the Contractor. If the Design Consultant observes any work that does not
conform to the Contract Documents, the Design Consultant shall immediately make
an oral and written report of all such observations to the Construction Program
Manager. The Design Consultant and its consultants shall not be required to make
exhaustive or full-time on-site observations to check the quality or quantity of the
Work, but shall make as many observations as may be reasonably required to fulfill
their obligations to the Owner. The Design Consultant shall not be responsible for
construction means, methods, techniques, sequences or procedures, or safety
precautions ,and programs in connection with the Work, and shall not be responsible
for the Contractor's failure to carry out the Work in accordance with the Contract
Documents.
11. Periodic visits of the Design Consultant shall be not less than once weekly, timed to
coincide with the weekly construction progress meeting with the Contractor. Each
engineering discipline shall make periodic visits not less than once every two weeks,
during the course of work applicable to its discipline. During critical work phases,
each engineering discipline may be required to make periodic visits weekly, timed to
coincide with the weekly construction progress meeting. The engineering
disciplines shall prepare and submit a report on each visit, submitted yia the
Design Consultant to the Construction Program Manager within 3 working days of
the visit.
12. The Design Consultant shall render written field reports relating to the periodic
visits and observations of the Project required by paragraph 11 within three (3)
working days to the Construction Program Manager in the form required by the
Construction Program Manager.
13. Based upon observations at the site and upon the Contractor's applications for
payment, the Construction Program Manager and Design Consultant shall
determine the amount owing to the Contractor(s), pursuant to the terms of the
Owner/Contractor Agreement, and shall issue Certificates for Payment to the
Owner in such amounts. The Construction Program Manager shall consult with the
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Design Consultant in the determination of the amount due the Contractor and the
Design Consultant shall sign the Certificate of Payment prior to the time it is
transmitted to the Owner by the Construction Program Manager:
The Design Consultant's signing of a Certificate of Payment shall constitute a
representation by the Design Consultant to the Owner, based upon the Design
Consultant's observations at the site and the data comprising the Application for
Payment that the Work has progressed to the point indicated, that to the best ofthe
Design Consultant's knowledge, information and belief, the quality of the Work
appears to be in accordance with the Contract Documents (subject to: an evaluation
of the Work for conformance with the Contract Documents upon Substantial
Completion; the results of any subsequent tests required by the Contract
Documents; minor deviations from the Contract Documents correctable prior to
completion; and to any specific qualifications stated in the Certificate for Payment),
and that the Contractor is entitled to payment in the amount certified. However, if
it should later be found that the Contractor has failed to comply with its contract
with the Owner in any way or detail, such failures and subsequent compliance shall
be the sole responsibility of said Contractor. By signing a Certificate for Payment to
the Owner, the Design Consultant shall not be deemed to represent that it has
made any examination to ascertain how and for what purpose the Contractor has
used the monies paid on account of the Construction Contract Sum.
14. If, in accordance with its duty, the Design Consultant advises the Construction
Program Manager of non-conforming work as stated in paragraph 10, the Design
Consultant shall confirm the non-conformance in writing to the Construction
Program Manager within two (2) days of observation.
15. The Construction Program Manager shall have authority to condemn or reject Work
on behalf of the Owner when in the Construction Program Manager's or the Design
Consultant's opinion the Work does not conform to the Contract Documents.
Whenever in the Construction Program Manager's or the Design Consultant's
reasonable opinion it is considered necessary or advisable to insure the proper
implementation of the intent of the Contract Documents, the Construction Program
Manager shall have the authority to require special inspection or testing of any
Work in accordance with the provisions of the Contract Documents whether or not
'such Work is fabricated, installed or completed.
16. The Design Consultant shall assist in obtaining governing agency occupancy
approval if any exceptions arise related to the design or specified materials.
17. When the Owner and the Construction Program Manager agree that the Work or
portions of the Work are substantially complete, the Design Consultant and its
consultants shall inspect the Work or portions of the Work and prepare and submit
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DII
to the Construction Program Manager punchlists of the Work of the Contractor(s)
which is not in conformance with the Contract Documents. The Construction
Program Manager shall transmit such punchlists to the Contractor(s). The Owner
may request that the Design Consultant inspect and prepare a punchlist on any
portion of the Work.
18. The Design Consultant or its consultants shall perform a reasonable amount of
services in connection with unforeseen conditions, the limit of which is defined in
Exhibit E "Additional Services." These services shall be provided by licensed
Architects and Engineers of pertinent qualifications or by other qualified technical
personnel acceptable to the Owner. Unforeseen conditions include underground
conditions, such as rock or remaining subsurface structures, which have not been
identified or noted by surveys or geotechnical reports.
G. POST CONSTRUCTION PHASE
1. The Post Construction Phase will commence upon the issuance of the Substantial
Completion Certificate and shall be completed upon the expiration of the
guarantee/warranty period.
2. The Design Consultant shall prepare a set of reproducible record prints of drawings
showing significant changes in the Work made during the construction process,
based on neatly and clearly marked-up contract drawings, prints, and other data
furnished by the Contractor(s) and the applicable Addenda, Clarifications, and
Change Orders which occurred during the Project.
3. The Design Consultant shall provide the owner with a set of electronic CAD files
(Autocad 2000 or later version) of the completed Project, consisting of all
construction drawings. If such CAD files are kept up to date with Construction
Phase changes, their submittal will be considered as fulfillment of requirements
stated in G.2 above.
4. The Design Consultant and/or its consultants shall observe and review test data of
the original operation of any equipment or system such as initial start-up testing,
adjusting and balancing to make sure that all equipment and systems are properly
installed and functioning in accordance with the design and specifications.
5. The Design Consultant shall review the Contractor furnished maintenance and
operating instructions, schedules, guarantees, bonds, and certificates of inspection
as required by the Construction Documents and forward all approved copies to the
Construction Program Manager for use by the Owner. In addition, the Design
Consultant shall conduct such observations as necessary to ensure all material and
equipment warranties are in compliance with applicable specifications.
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6. The Design Consultant and its consultants shall conduct up to two (2)
comprehensive Final Completion inspections per construction contract at the
request of the Owner. If more than two (2) Final Completion inspections are
required, through no fault of the Design Consultant, the additional inspections shall
be deemed additional services.
7. Upon correction of the deficiency reports (punchlists), and acceptance of all other
close-out submittals and certificates of the Contractor, the Construction Program
Manager and the Design Consultant shall approve the Application for Final
Payment and forward it to the Owner for execution.
8. The Design Consultant and its consultants shall conduct an inspection of the Project
ten (10) working days prior to warranty expiration and provide to the Owner a
written report specifying any warranty deficiencies which may exist. This effort
does not require an exhaustive punchlist, and is expected to consist of half-day
inspections by Architect of Record, and Mechanical, Plumbing and Electrical
Engineers of Record, along with interviews the facility User and the building's
Maintenance supervisor. A written report of findings shall be submitted to the
Owner no later than five (5) working days prior to warranty expiration.
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DB
EXHIBIT E
ADDITIONAL SERVICES
If any of the following Additional Services are authorized in advance by the Owner in
writing, the Design Consultant shall furnish or obtain from others the authorized services.
The Design Consultant shall be paid for these additional services by the Owner as herein
provided to the extent they exceed the obligations of the Design Consultant under this
Agreement.
1.. Dcoibn pluno, detuilo und opecificutiono for library interior furniohinbs, fixturcs und
equipment (FF&E), includinb usoiotunce 'Nith procurement und inotullution.
2. Fully detailed presentation models or presentation renderings.
3. Providing planning surveys or alternative site evaluations.
4. Providing design services relative to future facilities, systems and equipment which
are not intended to be constructed as part of the Project other than general planning
and Master Planning for future work as indicated by the Building Program.
5. Making major revisions in Drawings, Specifications or other documents when such
revisions are inconsistent with written approvals or instructions previously given by
the Owner or are due to causes beyond the control and' without the fault and
negligence of the Design Consultant or its consultants or agents.
6. Preparing supporting data and other services in connection with an Owner-initiated
change order if the Basic Compensation is not commensurate with the services
required of the Design Consultant.
7. Providing operating and maintenance manuals, training personnel for operation
and maintenance, and consultation during operations other than initial start-up.
8. Providing soils sampling, classification and analysis; however, analysis of existing
soils information and soils analysis during the Design Phase and recommendations
needed during the Construction Phase of the Project are not considered additional
serVlCes.
9. Preparing to serve or serving as an expert witness for the Owner in connection with
any public hearing, arbitration proceeding or legal proceeding; however, preparing
to serve or serving as a fact witness for the Owner or rendering testimony necessary
to secure governmental approval of zoning or land use clearances for the Project
shall not constitute an additional service.
10. Providing services of graphics design (other than functional signage).
11. Providing professional services made necessary by the default of a Contractor or by
major defects in the Work of the Contractor in the performance of the Construction
Contract.
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.. r
12. Providing surveying services such as platting; mapping; subdivision agreements or
recording subdivision plats.
13. Providing additional or extended services during construction made necessary by (a)
defective work of the Contractor; (b) prolongation of the Construction Contract time
by more than 90 days, provided the prolongation is not due to the fault or negligence
of the Design Consultant, its employees, consultants or agents and (c) default under
the Construction Contract due to delinquency or insolvency.
14. Providing extensive assistance in the initial start-up and test operations of
equipment or systems which is beyond the scope of that normally required to insure
proper operation in accordance with the design and specifications.
15. Providing more than one (1) complete Substantial Completion (punch-list)
inspection attended by all disciplines and more than two (2) follow-up inspections to
determine Final Completion, per Construction Contract.
16. Providing additional services and costs necessitated by out-of-town travel required
by the Design Consultant and approved by the Owner other than visits to the
Project and other than for travel required to accomplish the Basic Services.
17. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted architectural practices
consistent with the terms of this Agreement.
18. Providing services by the Design Consultant or its consultants, during the
Construction Phase, in connection with unforeseen conditions, over and beyond an
agreed-to Basic Service limit for such services, equal to twenty (20) man-hours.
These services shall be provided by licensed Architects and Engineers of pertinent
qualifications or by other qualified technical personnel acceptable to the Owner.
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EXHIBIT F
FF&E SCOPE OF SERVICES
In addition to the Basic Services described in Exhibit D, the Design Consultant shall
perform professional services associated with the analysis of the needs of the new
Library for furnishings, fixtures and equipment (FF&E), including determination of the
viability of reusing existing FF&E, design and specification of new FF&E, support
services in bidding the FF&E package(s), and Construction Administration services as
described herein. These Basic Services shall be performed in accordance with the
standard of care set forth in this Agreement. These services may be divided to facilitate
the 'procurement of segregated portions of the Work. The Owner reserves the right to
designate the phasing of segregated portions of the Work, within the terms and
conditions of this Agreement.
The Design Consultant shall:
A. SCHEMATIC DESIGN SERVICES
1. Inventory all existing furniture- and equipment in the existing downtown library,
including photographs and measurements.
2. Determine, in conjunction with the Library Director and/or Library Staff, which
furniture and equipment will be appropriate for reuse in the new facility.
3. Identify any existing furniture, fixtures and equipment suitable to be reconditioned.
B. DESIGN DEVELOPMENT SERVICES
1. Develop furniture plans for the new Library, working with the Library Director
and/or Library Staff. These plans will designate which furniture is existing/reused,
and which is new.
2. Develop a detailed FF&E budget, to incorporate all existing furniture to be reused
and all new furniture to be purchased. This line item budget will include all
anticipated furniture and equipment, including book trucks, audio/visual carts,
trash cans, copiers, etc. This budget wills serve as a guide for continued design of
the FF&E package, as well as a defined budget for the Library Board's fund raising
activities. Submit copy of FF&E budget to the Owner's Representative,
C. CONSTRUCTION DOCUMENT SERVICES
1. Select and specify actual furniture, fixtures and equipment to be used III the
Library.
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., ,.
2. Visit furniture showrooms and/or library installations with Library
representative(s).
3. Attend meetings with the Library Staff and Owner's Representative to discuss and
review selections.
4. Prepare specifications and Bid Documents, including multiple (phased) packages as
mutually determined to be in the best interest of the Project, by the Design
Consultant, working in conjunction with the Library Staff and the Owner's
Representative.
5. Coordinate furniture finishes with the architectural finishes.
6. Develop a signagepackage, including donor signage.
D. BIDDING/NEGOTIATION SERVICES
1. Assist the Owner's Representative in oversight of FF&E procurement, bid phase,
fixtures and equipment to be used in the Library.
2. As required by the Owner's Representative, answer questions from Bidders and
review requests for substitutions.
3. Attend Bid Openings if requested by the Owner's Representative.
4. Assist the Owner's Representative in review of Bids.
E. CONSTRUCTION ADMINISTRATION SERVICES
1. Assist the Library Staff in tagging all existing furniture, fixtures and equipment to
be removed and reused.
2. Identify and specify any existing furniture, fixtures and equipment to be
reconditioned.
3. Review and approve product submittals from vendors.
4. Respond to any RFI's, related to FF&E, as requested by the Owner's
Representative.
5. Develop a punch list of items for the FF&E contractor to complete or correct.
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F2