CONTRACT FOR CONSULTANT SERVICES Agreement entered into as of MPS Board of Education approval date (if required, NA if not required):

Transcription

1 CONTRACT FOR CONSULTANT SERVICES Agreement entered into as of MPS Board of Education approval date (if required, NA if not required): For the project: MPS Project Name: By and Between: The Owner: Minneapolis Public Schools Special School District No West Broadway Minneapolis, MN Through its representative: Name: Title: MPS Project Number: The Consultant: Company: Address: City, State Zip: Through its representative: Name: Title: The Owner and Consultant agree to the following Standards of Professional Services: 1) This document sets forth the terms under which the Consultant will provide professional services; 2) The Table of Contents specifies those contract sections included in this Agreement; 3) The Consultant, by execution of this Agreement, represents that it is familiar with the requirements of the Project and contracts, that it is possessed of that degree of care, learning, skill, and ability which is ordinarily possessed by other members of its profession employed on similar Projects in major metropolitan areas of the United States, and further represents that in the performance of the duties herein set forth it will exercise such degree of care, learning, skill, and ability as is ordinarily employed by consultants under similar conditions and like circumstances; and 4) The Consultant will review and become familiar with the Owner s requirements for and intended use of the Project, and the Consultant agrees that the Project, as designed and described by or under the direction of the Consultant pursuant to the Final Plans, Specifications and Working Drawings, will satisfy normal requirements and be suitable for such intended use. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year written above. Owner Consultant By: By: Title: Title: Date: Date: NOTICES: All correspondence, notices and other communication shall be conducted as directed by Section 6.0 Page 1 of 18 DRAFT v2.1

2 1.0 Project Intent 1.1 Project identification The project will be referenced per Exhibit A - Project Intent. 1.2 Project intent and design flexibility The project background is provided in Exhibit A - Project Intent. 2.0 Project Charter 2.1 Project charter statement The project charter is located in Exhibit B - Project Charter. 2.2 Project scope The project scope is located in Exhibit B - Project Charter. 3.0 Project Schedule 3.1 Project schedule statement Upon selection, the Consultant will review the schedule dates supplied by the Owner and prepare a project schedule that includes all major activities related to the design and construction of the project. The Project Schedule will be in Gantt Chart form and submitted electronically and in hard copy. The Project Schedule will provide activities, tasks, subtasks, work dates, predecessors, and durations to complete the work identified in the Project Charter Statement. Phasing scenarios, design submittals, bid packages and major construction milestones, and other pertinent detail should also be provided. The first level of tasks shall include those tasks in Exhibit C - Output and Deliverables Matrix (ODM). 4.0 Project Budget 4.1 Project budget Project budget refers to the total Owner cost to achieve a completed, capital project that meets the Owner's defined requirements. The full scope of work included in the project budget is determined by the Owner. One component of the project budget is the construction budget, which will be the only portion of the project budget relevant to the Consultant. The Owner may request information from the Consultant that will be used to inform and complete the project budget. 4.2 Construction budget The construction budget is included in the Owner's project budget and is reconfirmed with each Owner notice to proceed defined in Section The construction budget must be to or greater than the construction cost. Construction cost is defined as the contractor s bid price cost (or costs, in the event of multiple bid packages) as reflected in the lowest responsible base bid(s) and any accepted alternates ultimately accepted by the Owner during the procurement process chosen for the project. 4.3 Construction cost management Consultant shall utilize general project intent, scope, schedule, and construction budget information from the Owner. This construction budget as defined above is a preliminary estimate. As project design phases are completed as defined in Exhibit C - ODM. Subsequent cost estimates will be prepared by the Consultant. Construction cost estimates as required by the project shall be consecutively numbered and identified. The Consultant shall identify sufficient add alternates during the design process such that the project can be bid at least 3% (three percent) below the construction budget. Deduct alternates are not used. 4.4 Construction cost overrun remedies Page 2 of 18 DRAFT v2.1

3 If the lowest responsible bid exceeds the most recent Owner provided construction budget, that bid amount shall become the current construction cost estimate and the Owner shall direct one or more of the following actions: Give written approval of an increase in such fixed limit; Authorize rebidding the project; or Cooperate in revising the project scope and quality as required to reduce the estimated construction cost within budget. In option is chosen, the Consultant shall be responsible for, without additional charge, modifying the drawings and specifications as necessary to bring the construction cost estimate within the fixed limit of the construction budget. All costs including meetings, coordination, and reproduction costs shall be the responsibility of the Consultant. 5.0 Owner s Roles and Responsibilities 5.1 Owner roles The Consultant will have two points of contact with the Owner during project design and construction The Planning and Design Managers ( PDM ) will manage design up to PDM signoff points as defined in the Output and Deliverables matrix ( ODM ) described in Exhibit C The Construction Coordinator ( CC ) will coordinate design and construction activities following PDM signoff Project communications will occur as per Section 6.0. The Consultant understands and agrees that the Owner is the final decision-maker regarding Consultant recommendations throughout the design and construction of the Project. The Consultant shall maintain an effective working relationship with the PDM, CC, Owner s Representatives, or any other Owner Consultants. 5.2 Owner provided information The Owner will provide its best available information as to its requirements for the Project. These documents include Owner design guidelines and Owner master specifications. To insure inclusion of the most current documents, the Consultant shall download all documents from Design Guidelines The design documents prepared by the Consultant are required to incorporate the various Owner's Guidelines Master Specifications Divisions 0 and 1 guidelines, including the MPS AIA 201, design review comments and/or any other documentation provided to the Consultant by the Owner will be used unless otherwise approved. If the District s Construction Guidelines do not contain an appropriate specification section, then the Consultant shall augment the District s Construction Guidelines with the Consultant s recommended specification for review and approval CAD Standards The design documents prepared by the Consultant are required to incorporate the various Owner's Guidelines BIM Standards Page 3 of 18 DRAFT v2.1

4 The design documents prepared by the Consultant are required to incorporate the various Owner's Guidelines. 5.3 Owner review and approval to proceed The Owner is actively involved in the Project, providing certain reviews, inspections and approvals Inspections: The Owner has Trade Shop Inspectors, representing the Project crafts, and whose involvement in the Project flows through the PDM and CC. The Consultant and its Subconsultants shall work cooperatively with the Owner to facilitate the implementation of this Inspection Program. The Consultant and Subconsultants will make themselves available to the CC so that a timely resolution of possible deficiencies can be effected with a minimum of disruption to the Project. The CC has the authority to bring to the attention of the Consultant work which appears not to conform to the Contract Documents. The Consultant may reject such work or advise the Owner on appropriate alternatives. If the Consultant chooses not to honor such requests, it will provide the Owner with a timely written explanation of its actions Approvals: All approvals are provided by the PDM or CC depending on phase of work, and are binding only when provided in writing Owner notice to proceed: Once the Owner is satisfied with the Consultant s understanding of and solution to the project intent, scope, schedule, and budget, the Owner will approve the work which authorizes the Consultant to proceed to the next phase of work Prior Approval: All prior approval requests must be sent at least 10 days prior to the requested action. Prior approvals must be reviewed and accepted by the Owner with the Consultant s written recommendations before they are considered final. 5.4 Work authorized as a reimbursable expense The Owner, so far as the work under this Agreement may require, will furnish the Consultant with or direct the Consultant to obtain as a reimbursable expense, those items as described in Section Commissioning The Commissioning Agent is defined as a third party agent independently retained by the Owner to provide services as described in MPS Master Specifications. The Consultant fully cooperates with the Owner and Commissioning Agent during the commissioning of the identified scope. The Consultant provides adequate support to its Subconsultants who provide services as part of the commissioning process. The Consultant provides the information and services as described in MPS Master Specifications. 5.6 Miscellaneous owner provisions The Owner is responsible, through its duly authorized representatives, for the audit of all accounts presented for payment. This does not relieve the Consultant of the primary obligation to certify as to the correctness of estimates and payments due on account as the work progresses and is completed If the Owner observes or otherwise becomes aware of any defect in the Project, the Owner will give prompt written notice thereof to the Consultant Notwithstanding any other provision of this Agreement, the Owner does not assume the responsibilities of the Consultant nor shall the Consultant presume that the Owner has any knowledge or expertise in any area of the work. Neither any action nor inaction by the Owner with respect to the Page 4 of 18 DRAFT v2.1

5 construction of the work relieves the Consultant of its responsibilities under this Agreement or the Contract Documents. 6.0 Project Communications 6.1 Owner to Consultant communications The Consultant shall maintain an effective working relationship with the project PDM, CC, and Owner Representatives and any other Owner Consultants. The Consultant understands and agrees that the Owner is involved in the decision-making processes with the Consultant throughout the design and construction of the Project. Owner to Consultant: The sole source of Owner information is the PDM or CC, depending on the work item status. All communications affecting this project between the Owner and Consultant shall be written, either in advance of delivery or documented within five business days, if delivered verbally. All verbal communications, inside or outside of project meetings, will be received from the PDM or CC during relevant project periods and subsequently documented in written form by the consultant. Any other verbal communications have no project bearing unless reported to the PDM or CC in written form and approved in written form. Similarly, any written communications have no Project's bearing unless received from the PDM or CC. Consultant will be responsible to make, at its sole expense and with no impact to the project schedule, all revisions to any and all documents that were created and/or altered as directed by any communications other than that received from the PDM, CC or their designee. Such designation shall be delegated in writing by the PDM or CC and limited to the subject matter and/or period of time as defined by the PDM or CC. 6.2 Consultant to Owner communications Consultant to Owner: All verbal communications affecting this project outside of project meetings will be directed to the PDM or CC as defined above and subsequently documented in written form. All written communications from Consultant to Owner throughout the project design and construction will be addressed to both the PDM and CC. The Consultant may copy written communications among the Consultant s design team as it deems appropriate. The Consultant may copy written communications among other MPS staff and other design review members only as directed and approved in advance by the PDM and CC during relevant periods of the Project. 6.3 Project meetings The Consultant will discuss with the Owner and will attend such coordination and planning meetings and/or conferences as are needed to ascertain the requirements of the Project. The Consultant will conduct Site Based Team Meetings to coordinate operation milestones of the site with the project, including material and/or system installations or approvals. The Consultant will conduct meetings or presentations with other committees, faculty, or the community as required by the Owner. Multiple meetings may be necessary and may include presentations to the Board of Education. The Consultant will prepare and furnish to the Owner a memorandum of each meeting with Owner, Contractor(s), building official(s) and others regarding the Project. The Consultant will prepare and distribute Weekly Design and Construction Progress Meeting Minutes within three (3) working days of a meeting. 6.4 Miscellaneous communications provisions Project number: All written communications shall include as the first item in the subject line the project number as provided by the PDM. All communications received without the project number will have no project bearing. 6.5 Consultant submittals Page 5 of 18 DRAFT v2.1

6 All submittals shall be forwarded to the Owner in the designated format. All hard copies shall be sent to the Owner's Representative and shall contain the Project Name, Project Number, Submittal Type, and Date. 6.6 Digital data protocols The Consultant and all Subconsultants associated with the Project shall utilize electronic mail ( ). The Consultant shall utilize the Owner s online Project Management System ( ebuilder ). Training and access will be provided by MPS. Unless the Owner informs the Consultant otherwise in writing, ebuilder shall be used for all progress submittals, addendums, RFI's, shop drawings, and comments. User ID's and passwords will be issued to the design team by the Owner at the start of the Project. The Consultant team shall make itself available for training in ebuilder. 6.7 Project phase approval protocol - The Consultant shall not be notified by the Owner by when each project phase is approved. All approvals shall be done electronically in ebuilder. The Consultant shall proceed at its own risk if the submittal is not yet approved by the Owner. 7.0 Ownership of Documents - Copyrights and Use of Instruments of Service 7.1 Instruments of Service Instruments of Service are the various work products, including representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Consultants and Subconsultants. Furthermore, the Instruments of Service are to be used effectively in the construction of the Project. 7.2 Document ownership The Owner shall be deemed the owner of, the Instruments of Service prepared by the Consultant and the Subconsultants, including the Drawings and Specification, and shall have all common law, statutory and other reserved rights, including copyrights, whether or not the Project is complete or this Agreement is terminated before or after the Instruments of Service are complete. Submission or distribution of Instruments of Service to meet official regulatory requirement or for similar purposes in connection with the project is not to be construed as publication in derogation of the rights of the Owner. 7.3 Owner Usage Without limiting the generality of Section 7.2, the Owner may use the Instruments of Service for maintenance, planning, renovations of and additions to the Project, and the Owner may permit qualified professionals to reproduce all or portions of the Instruments of Service (including the design embodied in those Instruments of Service) for incorporation into instruments of service to be prepared by such other qualified professional for renovation of or additions to the project or other projects for the Owner if those professionals assume all responsibility for the resulting instruments of service and remove all references to the Consultant and its Subconsultants from the resulting instruments of service. 7.4 Consultant Indemnification In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Subconsultants and its Subconsultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Consultant and its Subconsultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner s use of the instruments of Service under this Section 7.4. The terms of this Section 7.4 shall not apply if the Owner rightfully terminates this Agreement. 7.5 Consultant Usage Notwithstanding anything to the contrary in this Agreement, the Consultant and its Subconsultants shall have the right to retain a copy and use the Instruments of Service for any lawful purpose, including, without Page 6 of 18 DRAFT v2.1

7 limitation, use of elements of the design on other projects, provided that the Consultant shall be responsible for the consequences of such use. 7.6 Electronic Copies All electronic copies of drawings and/or digital models that the Consultant is required to deliver pursuant to this Agreement shall be in the format specified. 8.0 Consultant s Project Services 8.1 Design General Conditions The Consultant shall assist the Owner in connection with the Owner s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project Consultant s statement of work scope, project team personnel, and fee proposal shall be incorporated into this contract Structural engineers shall observe the work as designed and shall provide services required under the City of Minneapolis Special Structural Inspections as defined in Exhibit D The Consultant shall coordinate with and apply for all rebates relating to equipment and systems installed with respective utility companies and equipment manufacturers. All monies obtained from rebates are property of the Owner The Consultant shall use all software and communication platforms as directed by the Owner Construction site safety precautions While at the site of the work described in this contract, the Consultant hereby agrees to and shall comply with the Federal and State Occupational Safety and Health Acts (OSHA) as well as other applicable federal, state, local and project requirements, including: mandatory personal protective equipment (PPE) which shall include, but is not limited to, hard hats, protective eyewear, reflective clothing, and construction type footwear Security identification badges The Owner will require all personnel to wear an identification badge when at a facility of the Owner. The identification badge is to remain on personnel and must be clearly visible at all times. No one is permitted on-site without an identification badge. An identification badge will be issued to each team member by MPS at the Davis Center Project services After consultation with the Owner, the Consultant will recommend a list of Subconsultants to be included with the Agreement. The Owner and Consultant will mutually agree on the Subconsultants to be provided and the Consultant will include these Subconsultants in its fee proposal. The Owner reserves the right to approve or reject Subconsultants employed by the Consultant, and the Consultant will not retain the services of any Subconsultant without Prior Approval All of the Consultant s Project Services will be provided in accordance with Section 3.0 Project Schedule, but the Consultant will not be responsible for unanticipated delays beyond its control. The Consultant shall be responsible for document accuracy and the inclusion of Owner provided guidelines as described herein. The Consultant and Owner will determine the number of drawings and specifications reproduced for bidding purposes. The Owner will review the Instruments of Service for program intent and compliance with various guidelines. Page 7 of 18 DRAFT v2.1

8 8.1.8 Consultant diligence The Consultant will use all reasonable care and diligence to perform its work in a skillful manner, and the acceptance of the Consultant s work by the Owner does not act as a release of the Consultant from its obligations and responsibilities under this Agreement Consultant continuity The Consultant s and its Subconsultants' Team Members working on the Project shall be the same as those originally submitted to the Owner in the Consultant s RFP unless the Owner and Consultant agree otherwise. If the project team changes at any time, the Consultant shall notify the Owner immediately in writing Subconsultants Any subconsultant shall prepare all engineering drawings under the supervision of a Minnesota licensed engineer in the appropriate division of engineering and ensure the drawings bear the seal or certification of that engineer. As necessary for construction coordination, all designated team members retained by the Consultant for the Project will attend coordination meetings during the course of the project, and such engineers will make periodic observations of the portions of the work designed by them and provide to the Owner a field report of such visits Compliance with codes and standards The Consultant will provide and review drawings and specifications with the appropriate governmental authorities with regard to compliance with applicable laws, ordinances and building codes. Prior to the release of any drawings and specifications for bidding purposes, the Consultant will submit to the Owner a statement that in its professional opinion, the drawings and specifications have been prepared in accordance with current applicable laws, ordinances and codes known to the Consultant at the time of the design. All professional drawings are prepared under the supervision of a Minnesota registered architect or engineer and bear the seal or certification of that Architect or Engineer. As part of the design schedule, the Consultant shall provide a line item for each review permit Percent complete Design progress shall be assessed according to design phase and percent complete as defined in Exhibit C - ODM. Zero percent complete shall occur at the commencement of the Scope Approval Phase. 100% complete documents shall be the documents issued for procurement Information integration Starting with the information contained in outputs and deliverables for any preceding project design phase, and any new or additional Owner provided information regarding project intent, scope, schedule, and budget, the Consultant will integrate such information with all applicable laws, codes and regulations. 8.2 Scope Approval Phase At the conclusion of this phase Owner and Consultant will have a common understanding of the project intent, scope, schedule, and budget Design documents, including, but not limited to those minimum required documents as described in Exhibit E, will have been prepared that demonstrate a mutually acceptable solution to the concerns and issues that have been presented. Page 8 of 18 DRAFT v2.1

9 A Scope Approval Phase construction cost estimate will have been submitted to the Owner by the Consultant Upon satisfaction of the minimum outputs and deliverables as per Section the Owner will direct the Consultant as per Section Minimum consultant engagement Consultant will review all Owner provided information regarding project intent, scope, schedule, and budget and integrate such information with information obtained from existing site visit(s), on-site investigations, and meeting(s) with relevant project stakeholders familiar with existing and proposed facilities and functions, laws, codes and regulations applicable to the work, and other resources having bearing on the project scope, schedule and budget. Consultant shall not rely unquestioningly on the accuracy of Owner provided information and shall promptly inform the Owner of any inconsistencies in Owner provided information. Consultant will then summarize the above findings in a project summary enumerating information inconsistencies and inaccuracies and describing the Consultant s perception of project scope, schedule, and budget, highlighting those project summary elements that differ from the Owner supplied scope, schedule, and budget Minimum outputs and deliverables Scope Approval Phase documents shall consist of drawings and other documents as described in Exhibit E or other documents that the Consultant and Owner mutually agree demonstrate project scope, support development of an appropriate construction cost estimate, and address specific Owner questions and concerns Building investigation When necessary, the Consultant agrees to assist with the on-site investigations including after-hour investigations to minimize disruptions to the learning environment. The investigations must be thorough to discover reasonable hidden conditions prior to construction. Reasonable hidden conditions discovered during construction phase may be considered an error or omission. Such items or corrections may be the responsibility of the Consultant as described herein. The examinations or investigations must result in photographs, cross-section drawings, material take-offs and/or other quantitative information to report existing conditions and as necessary for accurate construction cost estimates and project documentation. 8.3 Regulatory Approval Phase At the conclusion of this phase: All regulatory requirements and applications, with the exception of the building permit, will have been identified, completed, and approved by those agencies having jurisdiction; Design documents, including, but not limited to those minimum required documents as described in Exhibit E will have been modified as necessary to illustrate the full scope of work of regulatory mandated construction; and A Regulatory Approval Phase construction cost estimate, incorporating the costs of all regulatory mandated construction, will have been submitted to the Owner by the Consultant Upon satisfaction of the minimum outputs and deliverables as per Section 8.3.4, the Owner will direct the Consultant as per Section Minimum consultant engagement Page 9 of 18 DRAFT v2.1

10 In consultation with appropriate regulatory personnel, the Consultant will modify design documents, complete applications, and provide required documents for any required variances from regulatory requirements and manage the regulatory approval process to its conclusion. Consultant will then summarize the above findings in a project summary describing the Consultant s updated perception of project scope, schedule, and budget; highlighting those project summary elements that differ from any previous project summary Minimum outputs and deliverables Scope Approval Phase documents shall consist of drawings and other documents as described in Exhibit E or other documents that the Consultant and Owner mutually agree demonstrate project scope, support development of an appropriate construction cost estimate, and address specific owner questions and concerns. 8.4 Final Cost Estimate Approval Phase At the conclusion of this phase: All project scope and schedule components will have been discussed and defined to a degree that will enable the completion of a final construction cost estimate of sufficient accuracy and timeliness to enable the Owner and Consultant to rigorously assess the probability of a successful project bid and take appropriate action(s) to ensure the same; Design documents, including, but not limited to those minimum required documents as described in Exhibit E, will be enhanced as necessary to fix and illustrate the size and character of the entire Project in its essentials as to kinds of materials, type of structure, mechanical and electrical systems, and such other work as may be required, and fully define phasing, occupied space and other construction complications; and A Final Cost Estimate Phase construction cost estimate will be submitted to the Owner by the Consultant Upon satisfaction of the minimum outputs and deliverables as per Section 8.4.4, the Owner will direct the Consultant as per Section Minimum consultant engagement Consultant will summarize the above findings in a project summary describing the Consultant s updated perception of project scope, schedule, and budget, highlighting those project summary elements that differ from any previous project summary Minimum outputs and deliverables Final Cost Estimate Approval Phase documents shall consist of drawings and other documents as described in Exhibit E or other documents that the Consultant and Owner mutually agree demonstrate project scope, support development of an appropriate construction cost estimate, and address specific Owner questions and concerns. The development of such Drawings continues by the Consultant until they meet with the approval of the Owner. 8.5 Quality Control Phase At the conclusion of this phase The project will be ready to issue for bidding with a high confidence level that bids will be received that will be acceptable to the Owner without causing any undue project delay. Page 10 of 18 DRAFT v2.1

11 8.5.2 Upon satisfaction of the minimum outputs and deliverables as per Section 8.5.4, the Owner will direct the Consultant as per Section Upon completion of this phase of work, project design will be 100% complete Minimum consultant engagement Consultant will summarize the updated Project based upon the quality control review and provide Construction Documents, including any addenda, to the plan rooms, internet sites, and organizations identified by the Owner Minimum outputs and deliverables Quality Control Phase documents shall consist of drawings, specifications and other documents as described in Exhibit E or other documents that the Consultant and Owner mutually agree will be the most concise and actionable bid documents. The development of such drawings will continue by the Consultant until they meet with the approval of the Owner. Upon approval, the Construction Documents will be signed and included in the project documents. The Consultant s specifier will conduct a review meeting with the Owner s Representative to review the Owner's Construction Specifications/Guideline requirements. The Consultant will prepare from the accepted Design Development Documents and in coordination with the Project Schedule, working drawings and specifications setting forth in detail the work required by all disciplines for the architectural, structural, mechanical, electrical, and site work and the necessary bidding information, General Conditions, supplementary General Conditions and Special Conditions of the Contract. The Consultant is required to review and include the Owner s comments in the 100% submittal (Final Bid Set). The 100% submittal will include: all items as required by the Owner and are on schedule for bid ; final detailed cost estimate and explanations of variance from budget in major categories; and a letter stating that all Owner review comments have been addressed and/or incorporated. All contract drawings and documents must bear the appropriate design professional s seal, signature, and date. Drawings for contract documents shall be in CAD/BIM version with text, border, and title block including Owner s name and the Project name(s). Specifications with Addenda posted must be provided by CD using Microsoft Office (Word, Excel, Power-point) formats. Project Documents are to be submitted as an electronic As Built Set at the time of General Construction Closeout. The As Built electronic documents shall include all Addenda, Change Orders, CCD s, ASI s, ESI s or other Owner approved changes/additions with respect to the work of the Project. The Consultant will include provisions for alternate bids so as to meet the Construction Cost Estimate/Construction Budget or revise plans and specifications at no additional cost to the Owner to meet the Construction Budget under the limitation that bids are taken within two (2) months of the date of the Consultant s final estimates. The Consultant will include in the contract specifications that during the course of construction, the contractor will prepare as-built red-line drawings (marked-up prints, records, drawings and other data necessary for documentation of changes in work). 8.6 Procurement Phase At the conclusion of this phase The successful bidder will be fully empowered to commence work on the project Upon satisfaction of the minimum outputs and deliverables as per Section 8.6.9, the Owner will direct the Consultant as per Section Minimum consultant engagement Consultant will summarize this phase with a summary of bids received and a recommendation regarding which bid to accept. Page 11 of 18 DRAFT v2.1

12 8.6.4 The Consultant, following the Owner s acceptance of the Construction Documents and the final detailed cost estimate, will be responsible for: issuing Contract Documents to prospective bidders; preparing forms to record deposits for plans and specifications; preparing bid forms; and assisting in the awarding of the construction contract through the issuance of the Notice of Award and Notice to Proceed Prior Approval are required for any substitution final within the Bid Documents The Consultant will conduct a mandatory Pre-Bid Conference, assisted by the Owner s Representative, at least ten (10) working days before Bid Opening. The Consultant will incorporate the Owner s Call for Bids in the Bid Documents. The Consultant s responsibilities for the Pre-Bid conference include, but are not limited to, the following items: 1. Preparing an agenda with other team members; 2. Preparing a sign-in sheet for attendees; 3. Requiring all of the Consultant s design staff to attend the Pre-Bid Conference; 4. Briefing prospective bidders on project schedules and contract interfaces, reviewing bidding requirements, and providing an opportunity to answer questions or resolve ambiguities in the Bid Documents which may necessitate the Consultant s issuing addenda to further clarify the Bid Documents; 5. Soliciting bidder response to the Pre-Bid Schedule in the bid documents to determine from bidders if they can perform the work within the time available; and 6. Following the Pre-Bid Conference, conducting a site tour to familiarize the bidders with the site conditions and clarify site-related questions raised at the Pre-Bid Conference, providing responses to any issues by addendum The Consultant will promote the Project during the pre-bid phase by contacting possible bidders and gauging their interest in the Project and will advise the Owner of any potential issues The Consultant will participate along with the Owner in the evaluation of all bids, including the qualifications of the apparent low bidder. The Consultant will also participate in with any meetings with the apparent low bidder, and will provide a recommendation to the Owner for award Within seven calendar (7) days after the Project Bid, the Consultant will provide to the Owner one (1) printed copy of the as-bid contract documents. This is a set of drawings and specifications with all addenda and other pre-bid attachments posted within its respective plan or specification section and noted accordingly. Additionally, the Consultant will provide one (1) electronic set of the drawings to the Owner, and confirm with Owner the electronic format types (BIM, CAD,.PDF and/or WORD) required. 8.7 Contract Administration Phase At the conclusion of this phase: The Construction Contractor will have progressed to having the project substantially complete Upon satisfaction of the minimum outputs and deliverables as per Section 8.6.4, the Owner will direct the Consultant as per Section Minimum consultant engagement Unless otherwise provided, the Consultant will provide administration of the Contract Documents to the extent provided by the General Conditions of the Contract for Construction, and if applicable, AIA Document A201. The Consultant will review and evaluate tests when necessary, and reviews samples, Page 12 of 18 DRAFT v2.1

13 schedules, scope drawings, and other submissions for conformance with the design concept of the Project and for compliance with the information given by the Contract Documents. The Consultant will prepare change orders and assemble written guarantees required of the Contractors. The Consultant is responsible for providing administration of the contract documents applicable by law, or by further direction of the Owner for construction, including: Site visits and written field reports for each site visit; Certificates for Payment as required to fulfill the Consultant s responsibilities; Duties as set forth in this Agreement and as required by good practice; and Any observed defects in construction or deviations from the drawings and specifications and any corrective orders given to the Contractor(s) Scope of contract administration The Construction Phase will commence with the award of the Contract or Contracts for the Project and will terminate when the Contractor has completed the corrections from the warranty inspection. During the Construction and Warranty Phases, the Consultant will be a representative of the Owner and will advise and consult with the Owner. Instructions to the Subcontractors will be forwarded through the General Contractor/Prime Contractor(s). The General or Prime Contractor(s) will be directly contracted with the Owner Site observation visits The Consultant and the Subconsultants employed by the Consultant will make site observation visits, separate from the project meeting, and in accordance with Exhibit E, to determine if the work is proceeding in accordance with the Contract Documents. On the basis of observations at the site, the Consultant will keep the Owner informed of the progress of the work and endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. The Consultant and Subconsultants each will prepare written field reports for each site visit and forward those field reports to the Owner within seventy-two (72) hours of the site visit Deviations from contract documents Immediately upon the discovery of any defects or deviations from the drawings and specifications the Consultant will report to the Owner and at the same time advise the Owner of the corrective orders or instructions which the Consultant has given to the Contractor. The Consultant will maintain a deficiency log in database format and conduct a monthly review of the outstanding deficiencies with the Contractor as part of the monthly pay application The Consultant shall interpret all claims, disputes and other matters in question between the Owner and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents in a timely manner. The Consultant shall receive the Owner's approval before any interpretation is final. The Consultant shall promptly render approved written interpretations necessary for the timely execution and scheduled progress of the Work to the Owner and the Contractor. The Consultant s decisions in matters relating to aesthetic effect are rendered only after consultation with and concurrence of the Owner and are final if consistent with the intent of the Contract Documents Change orders Prior to the issuance or negotiation of any Change Proposal to the Contractor, the Consultant will prepare and review any Change Proposal with the Owner. Part of the review process is for the Consultant to prepare a cost estimate to include a breakout of material, labor, and equipment of the proposed change. The Consultant will prepare a formal estimate for Change Orders over five thousand dollars ($5,000) and an informal estimate if the cost is less than five thousand dollars ($5,000). Upon written approval from the Owner, the Consultant will issue Proposal Requests (PR s) Page 13 of 18 DRAFT v2.1

14 and negotiate and prepare Change Orders for the Owner s approval in accordance with the Contract Documents. No changes in Drawings or Specifications are permitted without the Owner s prior written consent. Concurrent with the formal submission of the Change Order to the Owner, the Consultant will submit a memorandum to the Owner to document the purpose of the change, negotiations with the Contractor, and a justification for the change (i.e. Consultant error or omission, Owner requested, etc.) Construction schedule The Consultant will be responsible for specifying that the Contractor(s) at the start of the Work will prepare a coordinated Critical Path Method (CPM) Schedule of the Values, including anticipated purchases and delivery dates of large or specialty items of equipment, the date on which the building is expected to be enclosed, and when the permanent heating plant must be placed in operation. The Consultant will specify that the Contractor(s) will keep the schedule current with the status of the work. The Contractor s Schedule of Values will be the basis on which payments to the Contractor(s) will be made. The Consultant will specify that the Contractor(s) provide a sufficiently detailed schedule of values of the Work to assist in accurately determining the status of the work Contractor payments The Consultant, in consultation with the Owner, will review the amount owing to the Contractor(s) and will certify the Certificates for Payment in such amounts. These Certificates constitute a representation to the Owner, based on such visits and the data comprising the Application for Payment, that the Work has progressed to the point indicated. By issuing a Certificate for Payment, the Consultant also represents to the Owner that, to the best of its knowledge, information, and belief based on what its observations have revealed, that the quality of the Work is in accordance with the contract documents. The Consultant will conduct observations to determine the dates of substantial and final completion and issue a final Certificate for Payment. Prior to acceptance of the Contractor s monthly pay application, the Consultant will provide an inspection of the Contractor red lines to ensure the Contractor is maintaining the drawings Errors and omissions The Consultant will be responsible for any damages to the Owner, which result from negligent errors or omissions in the drawings and specifications. Damages may include costs associated with rework, additional maintenance, and increased operating costs. Value added to a Project is only value added when it can be accommodated by the Construction Budget. Hidden or unforeseen conditions are those conditions which are inaccessible and requiring destructive demolition to uncover during Pre- Design or other Pre-Bid investigations. As such, additional service fees to manage the subject matter may be awarded if the Work is within the Construction Budget. Additional service fees may be negotiated if the Contract for Consultant services is based on a floating fee. Additional services relating to a hidden or unforeseen condition may be negotiated only if the Work can be accommodated by the Construction Budget. If a change in work results in a construction cost/construction budget over-run, by no fault of the Owner, additional services may not be awarded. 8.8 Project close-out At the conclusion of this phase: The construction will be completed and the Construction Contractor will have received final payment Minimum consultant engagement: Starting with the information contained in outputs and deliverables for any preceding project design phase, and any new or additional Owner provided information regarding project intent, scope, schedule and budget, the Consultant will integrate such information to maximize the adequacy of the necessary historical information. Page 14 of 18 DRAFT v2.1

15 8.8.3 After receipt from the Contractor of a request for Substantial Completion, the Consultant, along with the appropriate Subconsultant, will make the observations and inspections necessary and required by the Contract Documents for the determination of Substantial Completion (as defined in the Contract Specifications). The Consultant will indicate to the Contractor, in writing, any objection to preparing a punchlist within five (5) working days after receipt of such request from the Contractor. The objection will outline what must be completed prior to the initial punchlist inspection Within fifteen (15) working days after the Consultant determines, on the basis of an inspection that the work or designated portion thereof is substantially complete as defined in the Contract Documents, the Consultant will prepare: (1) Project punchlist; (2) AIA Form G704, Certificate of Substantial Completion; and (3) Consultant s Statement to Owner which: states the responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; fixes the time within which the Contractor will complete the punchlist items; and states that the Project is substantially completed in accordance with the plans and specifications for the Project Within ten (10) working days after receipt of written notice from the Contractor that the Work is ready for final acceptance and upon receipt of a final Application for Payment, the Consultant will make such observation and inspection and, when it finds the Work acceptable under the Contract Documents and the work required by the Contract Documents is fully performed, shall promptly issue a final Certificate for Payment stating that to the best of its knowledge, information and belief, and on the basis of its observations, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that the amounts found to be due the Contractor, and noted in said final Certificate, are due and payable. The final Certificate for Payment will constitute a further representation that the conditions precedent to the Contractor being entitled to final payment as set forth in the Contract Documents have, to the best of the Consultant s knowledge, information and belief, been fulfilled After Substantial Completion and before Final Completion, the Consultant will transfer the information from the Contractor s as-built red line Contract Documents along with all Architectural Supplemental Instructions, Addenda, and Change Orders, and deliver to the Owner one (1) set of compiled drawings and revised specifications. Additionally, the Consultant will transfer the red lines and Supplemental Instructions, Addenda, and Change Orders into a CAD/BIM as-built drawing or model and submit to the Owner. The intent is for the Consultant to provide as-built CAD/BIM documentation of the project for the Owner s future use. The Consultant shall submit all Construction and As-Built Documents in Computer Aided Design (CAD) or Building Information Modeling (BIM) electronic format on CD-ROM. The Consultant will confirm CAD/BIM version type AutoCAD, Cadvance,.dxf, Revit, and other software used in drawing production with the Owner prior to start of design Warranty During the twelve-month warranty period after substantial completion, the Consultant will resolve any and all warranty issues, which arise. The Consultant will coordinate with the Owner a warranty inspection ten (10) months after substantial completion and will present to the contractor a list of warranty items before the twelve (12) month warranty expires The Consultant shall assist the Owner during the warranty period as necessary to resolve warranty and system issues. Consultant shall initiate and maintain a warranty deficiency log in which, at a minimum, requires the following: Page 15 of 18 DRAFT v2.1

16 1. Date and time warranty and/or issue identified; 2. Date and time Contractor responded; 3. General description of warranty and/ or issue and corrective action taken to repair, replace, and/or place back in operation for intended use; and 4. Date and time warranty and/or issue resolved and/or completed Information submittals The Consultant shall provide an organized electronic and hardcopy version in the Owner's preferred format the following typical items: Qualification Data: For qualified Installer Product Certificates: For each type of appliance, from manufacturer Field quality-control reports Warranties: Sample of special warranties. 9.0 Consultant s Additional Services 9.1 Definition and scope of additional services The Consultant will accept the responsibility for the payment of normal Subconsultant services and all others employed by it in the preparation of the drawings and specifications and the construction of the proposed Project. The Consultant may provide services of special Consultants if authorized in writing by the Owner. The Consultant must submit a minimum of two (2) proposals of cost, with a recommendation for the Owner s review and written acceptance, before any special Subconsultant is contracted. The Consultant will be reimbursed by the Owner for said services. 9.2 Owner approval of additional services No Additional Services shall be commenced by Consultant or Subconsultant without an estimate of the cost thereof by the Consultant and the Owner s prior written authorization to proceed Payments to the Consultant 10.1 Routine payments Payments on account of the Consultant s Project Services will be made monthly in proportion to services performed to increase the compensation for Project Services to the percentages at the completion of each phase of the Work shown on Exhibit F. Payments on account of the Consultant s Project Services are made monthly in proportion to services performed. The compensation for Project Services shall be based on the percentages at the completion of each phase of the Work shown on Exhibit F Reimbursable expense payments Payments for Reimbursable Expenses, approved under Exhibit G, will be made monthly. All requests must include appropriate back-up documentation and substantiation. The Consultant must submit an itemized cost breakdown, with invoices, for all reimbursable expenses as provided for and approved under Exhibit G. Mileage is at the IRS rate. There will be no mark-ups on any reimbursable Payment for projects that are suspended If the Project is suspended for more than three (3) months, or abandoned in whole or in part, the Consultant shall be paid its fees for services performed prior to receipt of written notice from the Owner of such suspensions or abandonment Payment for additional services Compensation for Additional Services will be as follows: Payments for Additional Services to the Consultant including revisions requested by the Owner to previously accepted drawings and specifications will be made Page 16 of 18 DRAFT v2.1