Continuing Service Contract for Roofing and Building Envelope Investigation Services

2.0 SCOPE OF SERVICES The Consultant shall perform the services described herein, and other required professional The Consultant shall perform the services described herein, and other required professional services on an “as needed” basis, as designated, authorized, and assigned by School Board, and School Board agrees to compensate Consultant for such services in accordance with this Contract. Anticipated services may include, but not be limited to the following: Roofing and Building Envelope Investigation Services 1. Consultant’s Roofing and Building Envelope Investigation Services shall include the investigation of roofs for problems that relate to but are not limited to materials, workmanship, age, warranty, storm damage, and deterioration. Such services shall include but not be limited to investigative services, conferences, participation in a review of existing roof drawings and specifications, warranties and conditions. a. The Consultant shall prepare the necessary reports and recommendations in accordance with: i. The applicable rules of the Florida State Board of Education, the Florida Building Code, State Requirements for Educational Facilities (SREF), Administrative Rules for Educational Facilities, Chapter 1013 of the Florida Statutes, in effect at the time of the roofing investigation, and other laws and regulations applicable to each project. ii. Any educational or ancillary specifications, project design criteria developed by the Owner, at the time the roof was installed. iii. Current industry standards. iv. The specific format and inquiry requested by the Owner’s Project Representative. b. The Consultant shall present to the Owner’s Project Representative a written report identifying the location or locations within the project area that contain any asbestos containing building materials. In the event there are no locations within the project area that have asbestos containing materials, a report will need to be submitted stating such. c. The Consultant shall meet with School Board personnel and any other governmental bodies deemed necessary by the Owner, at pre-design conferences to discuss details of the roofing investigation and determine the scope of the project. The Consultant shall confer with building administrators and certain staff members only at the direction of the Owner’s Project Representative. Final approval of all roofing investigation matters must come only from the Owner’s Project Representative. If any project requires the services of a Special Inspector or Consultant, the cost of this service will be negotiated with the Consultant as an additional service or will be provided by the Owner. d. The Consultant shall submit five (5) copies of the completed final investigation report to the Owner. Design Development and Construction Administration 1. The Consultant’s basic services may consist of all services necessary to design and prepare construction drawings and specifications, and provide contract administration services for the construction of various Projects as described in the Design Criteria Package developed by the Owner for each project. Such services shall include, but not be limited to, necessary conferences; preparation of a site plan (graphically depicting the complete use of the affected area); participation in a review of the educational or ancillary specifications and Project requirements; preparation of conceptual drawings; preparation of Schematic Design, Design Development, and Construction Documents in compliance with educational or ancillary specifications and Design Criteria requirements including working drawings, specifications, large-scale and full-size detail drawings, for Architectural, structural, electrical, civil, mechanical and landscaping work as those disciplines relate to the overall Project requirements; estimates of cost of the work, assistance in the drafting of forms of proposals and contracts; assistance during bidding and award of contract(s); site visits and observation of the work; issuance of certificates of payments; keeping of accounts; and the general administration of the construction contract work as more specifically set forth herein. 2. The Consultant shall design the Project in accordance with: a. The applicable edition of rules of the Florida State Board of Education, State Requirements for Educational Facilities (SREF), Administrative Rules for Educational Facilities, Chapter 1013 of the Florida Statutes, applicable building codes, including but not limited to all laws, regulations, or codes addressing storm water management, water wells, and sanitation, and the Florida Building Code (latest edition). b. Any educational or ancillary specifications, Architectural program, Osceola County Schools design guidelines and Project Design Criteria developed by the Owner. 3. The Consultant shall not specify any asbestos containing materials or products for the Project. 4. Professional engineers acceptable to the Consultant and the Owner shall be retained by the Consultant, at the Consultant’s expense, as the Consultant’s agents for the structural, mechanical, civil, electrical, landscape consultant and such other portions of the Project where such services shall reasonably be required for the proper design, installation, or operation of such portions of the Project. Nothing in this paragraph, or elsewhere in this Agreement, shall relieve or absolve the Consultant from liability for damages to the Owner resulting from any breach or default under this Agreement, or any willful or negligent act or omission of the Consultant or any agent, or employee of the Consultant, including, but not limited to, any engineer or other consultant employed hereunder by the Consultant or any agent or employee of such engineer or other consultant. 5. The Consultant shall meet with School Board personnel, and any other governmental bodies deemed necessary by the Owner’s Project Representative, at pre-design conferences to discuss details and material specifications for the Project. Final approval of all design and construction matters must come only from the Owner. To the extent necessary for the Project, the Consultant shall provide water and sewer extension and water management review documentation through the Department of Environmental Regulation, State of Florida, and the South Florida Water Management District; provide energy review (FLEET) analysis; and shall coordinate necessary utility modifications and confirm the modifications in writing with the local utility company. 6. If the Project requires the services of a Special Inspector for threshold buildings, the cost of this service will be negotiated with the Consultant as an additional service or will be provided by the Owner. Design Criteria 1. The Project shall be designed to avoid the construction cost exceeding the construction budget as outlined in the Design Criteria. This amount represents the Project construction budget. 2. The net and gross square footage of the Project shall not exceed the figures for net and gross area totals set forth in the Design Criteria. Evaluation of Budget and Cost of the Work 1. The Consultant shall prepare a preliminary estimate of the cost of the work. As the design progresses through the end of the preparation of the construction documents, the Consultant shall update and refine the preliminary estimate of the cost of the work. If at any time the Consultant’s estimate of the cost of the work exceeds the Owner’s budget, the Consultant shall immediately notify the Owner’s Project Representative in writing and make appropriate recommendations to the Owner’s Project Representative to adjust the Project’s size, scope or budget and shall proceed no further without written direction of the Owner. 2. If the budget for the cost of the work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: a. Provide written approval of an increase in the budget for the cost of the work; and/or b. Authorize re-bidding or renegotiating the Project within a reasonable time; or c. Terminate in accordance with the terms of the Contract; or d. Assist in revising the Project scope and complexity as required to reduce the cost of the work. 3. If the Owner chooses to proceed with the Project, the Consultant, without additional compensation, shall modify the documents for which the Consultant is responsible as necessary to comply with the budget for the cost of the work. Schematic Design Phase 1. The Consultant shall review the program described in the Design Criteria, to ascertain the requirements of the Project and shall review the understanding of such requirements with the Owner’s Project Representative. 2. The Consultant shall visit the site with the Owner’s Project Representative and investigate existing conditions and facilities; review drawings or other information furnished by the Owner’s Project Representative and shall generally verify all such information as it relates to the Project. 3. The Consultant shall provide a preliminary evaluation of the Project requirements and budget requirements, each in terms of the other. 4. The Consultant shall prepare and submit a conceptual site plan and preliminary building plans, sections and elevations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 5. The Consultant shall review with the Owner’s Project Representative’s alternate approaches to the design and construction of the Project. 6. The Consultant shall submit to the Owner’s Project Representative a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 7. Schematic documents shall be complete upon written acceptance and approval of the Owner’s Project Representative. Design Development Documents 1. Based on the approved schematic documents and any adjustments authorized by the Owner’s Project Representative in the educational or ancillary specifications, Design Criteria or budget requirements, the Consultant shall prepare, for review by the Owner’s Project Representative, design development documents. The design development documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The design development documents shall include specifications that identify major materials and systems and establish in general their quality levels. 2. The Consultant shall: a. Work with the Owner’s Project Representative to identify the areas within the building design that offer the greatest potential for the elimination of unnecessary costs. b. Evaluate alternative systems and materials in terms of their feasibility and life-cycle cost. c. Develop selected alternative ideas in detail with emphasis on their technical durability and constructability. d. Retain an independent estimator when approved by the Owner’s Project Representative in writing. When this service is required, it will be considered to be an Additional Service and not included in the Basic Services of the Consultant. e. The Consultant shall advise the Owner’s Project Representative of any adjustments to the preliminary estimate of construction cost. f. Prior to acceptance of design development documents by the Owner’s Project Representative, the Consultant shall provide to the Owner’s Project Representative four (4) sets of dated plans, specifications and the facilities space chart. g. Design development documents shall be complete upon written acceptance and approval of the Owner’s Project Representative. Construction Documents 1. Based on the approved design development documents and any further adjustments in the Design Criteria or budget requirements for the Project as authorized by the Owner’s Project Representative, the Consultant shall prepare construction documents for review by the Owner’s Project Representative. The construction documents shall set forth in detail the requirements for the construction of the Project. The construction documents shall include drawings and specifications that establish in detail the requirements for the construction of the project. 2. The Consultant shall prepare for review and approval by Owner’s Project Representative the necessary bidding information. Owner’s Purchasing Department shall prepare all bidding forms. The Owner’s Project Representative shall prepare the conditions of the contract and the contract between the Owner and the Contractor. 3. The Consultant shall furnish the Owner’s Project Representative with four (4) check sets of intermediate (50% complete) construction documents (plans and specifications) for review. Revisions, changes and corrections required by the Owner’s Project Representative shall be indicated in writing to the Consultant within thirty (30) days, all of which shall be incorporated into the final documents. 4. The Consultant shall advise the Owner’s Project Representative of any adjustments to previous preliminary estimates of construction cost indicated by changes in requirements or general market conditions. 5. Prior to acceptance by the Owner’s Project Representative of construction documents, the Consultant shall provide to the Owner’s Project Representative four (4) sets of construction documents, signed, sealed and dated by the Consultant and all engineers, as required by law, and the facilities space chart. The Consultant shall also provide three (3) additional sets of the construction documents. 6. The Consultant shall prepare, for execution by the Owner’s Project Representative, documents required for the approval of governing authorities having jurisdiction, including the School District of Osceola County, and arrange for review and approval of these governing authorities. 7. The Consultant shall revise the drawings and specifications to reflect any changes arising from these reviews in preparation for bidding. 8. This phase shall be complete upon written acceptance and approval by the Owner’s Project Representative. Acceptance and approval by the Owner’s Project Representative will in no way relieve the Consultant of the Consultant’s obligations and duties under this Agreement Bidding and Negotiation Phase 1. The Consultant, following acceptance and approval by the Owner’s Project Representative of the Construction Documents, shall prepare and distribute to all qualified bidders and plan houses any necessary contract documents. 9. The Consultant shall maintain a bidding document distribution list. The Consultant shall furnish the Owner’s Project Representative a copy of the document distribution list one week prior to bid opening. If circumstances require, the Consultant shall submit to the Owner’s Project Representative addenda to the contract documents, in a timely fashion, prior to bid opening. 10. The Consultant shall schedule a mandatory pre-bid conference, to be held a minimum of one week prior to bid opening. All prime bidders, the Owner’s Project Representative, and the Consultant, shall be required to attend. A log of attendees and complete minutes of the conference shall be maintained by the Consultant, and provided to the Owner’s Project Representative. Only items which may affect the Bid, or clarifications of the Bidding Documents shall be addressed at the meeting. 11. The Consultant shall prepare and distribute to the entire bidding document distribution list, any addenda, including any items necessary as a result of the pre-bid conference. 12. The Consultant shall attend the Bid Opening, and shall assist the Owner’s Project Representative in the analysis of the bids. The Consultant shall bring to the bid opening a current estimate of the cost of the work. The Consultant shall prepare on his own letterhead his recommendation as to the award or rejection of the bids, and shall present his recommendation to the Owner’s Project Representative. 13. Upon award of the Agreement to the Contractor by the School Board, the Owner’s Project Representative shall forward the Agreement, Purchase Order, and Notice to Proceed, and all other pertinent forms to the successful Contractor. Construction Phase- Administration 1. The Construction phase will commence with the award of the contract for construction and conclude with the Certificate of Final Acceptance and the one-year warranty period, whichever is later. 2. During the construction phase of the Project, the Consultant shall perform the following: a. The Consultant shall review shop drawings and other submittals received from the Contractor for conformance with information given and the design concept expressed in the Contract Documents; and take appropriate action. Action shall be taken within fourteen (14) days after receipt to avoid delays in the work. The Consultant shall keep an up-to-date log of all shop drawings and submittals, which shall be provided to the Owner’s Project Representative and submitted to the Office of Code Compliance & Environmental Safety. The Consultant shall at the end of the Project submit to the Owner a second set of shop drawings with the final shop-drawing log. b. The Consultant shall review the Contractor’s cost and provide recommendations regarding any changes requested in the work. Upon approval by the Owner’s Project Representative, the Consultant shall prepare change orders for signature by the Contractor, Consultant, and the Owner. The Consultant shall ensure that required back-up materials accompany change orders. c. The Consultant shall be the interpreter of the requirements of the Contract Documents and will render interpretations as necessary for the proper execution and progress of the work. All interpretations or decisions shall be in writing or in the form of drawings. d. Within fourteen (14) days after presentation of an issue, claim or complaint and the furnishing of the facts by the Contractor to the Owner’s Project Representative, the Consultant shall make decisions in writing as to any contract interpretations. In the event of non-compliance, including omission of work or faulty workmanship, the Consultant shall recite the Consultant’s decision in what respect there has been deviation from the results or materials of construction required by the Contract Documents. The Consultant will include in the Consultant’s decision, suitable specifications or drawings indicating precisely the results and materials to be used in executing the correction or remedy of non-compliant work. e. The Consultant shall provide to the Owner’s Project Representative a copy of all drawings on CD in the most current AutoCAD version (dwg.) software unless approved otherwise. The Contractor will modify these drawings to show those items, which differ from the Contract Documents so as to create “as-built” drawings. To facilitate this process, the Consultant shall review the Contractor’s progress of the maintenance of “as-built” drawings, which shall indicate actual conditions, which differ from the Contract Documents. The intent is to identify, among other things, layouts of utility systems and functional building systems, such as lighting, electrical, water/wastewater, or any other matters relating to sanitation, communications, air conditioning, ventilation, or heating, and incorporating the actual changes made during construction of the Project, which differ, from the original Contract Documents. f. The Consultant, in agreement with the Owner’s Project Representative, shall provide written approval of the Contractor’s construction schedule for the work as prepared and submitted by the contractor. The Consultant will monitor the progress of the work for conformance to the schedule. The Consultant will review any revision to the schedule and advise the Owner’s Project Representative of changes from the original schedule. The Consultant will use the Consultant’s best efforts to require Contractor, subcontractors and suppliers to comply with the schedule but will not be responsible for their failure to do so. 3. The Consultant shall guard the Owner against defects and deficiencies in the work of the Contractor, but the Consultant does not guarantee the performance of the contract by the Contractor. In fulfillment thereof, the Consultant shall do as follows: a. The Consultant shall visit the Project at weekly intervals during the construction, or as agreed upon, to familiarize the Consultant with the progress and quality of work, and to determine if the work is proceeding in accordance with the Contract Documents. The Consultant shall prepare, in a form approved by the Owner, a written report covering each visit. On the basis of such on-site observations, the Consultant shall keep the Owner’s Project Representative informed on progress and quality of the work. Copies of all reports shall routinely be provided to the Owner’s Project Representative within three (3) working days. Each engineer or other consultant of record shall visit the site to observe the work on all occasions when work included in the engineer’s area of responsibility is in progress. Observations by the engineers shall be documented and reported on the same basis as reports by the Consultant. b. Upon discovery of defective work the Consultant shall immediately, by written notification to the Owner’s Project Representative and Contractor, reject the defective work stating the reasons for such rejections and recommendations for correction. The Consultant shall not certify payment for defective work until it has been corrected and/or accepted. c. Within fourteen (14) days of receipt of the completed submittal, the Consultant shall review the Contractor’s applications for payment and determine the amount to be paid to the Contractor and will certify the applications for payment in such amounts. The certificates will be sent to both the Contractor and the Owner’s Project Representative. Based upon the Consultant’s site observations and data composing the application for payment, these certificates will constitute a representation to the Owner’s Project Representative that the work has sufficiently progressed to the point indicated. At each application for payment the Consultant shall certify to the Owner’s Project Representative that, to the best of the Consultant’s knowledge, the Project is being constructed in accordance with the contract documents. By submitting a certificate of payment, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used the money paid toward the account of the construction contract sum. d. Before approving the Contractor’s application for payment, the Consultant shall review the status of the Contractor’s as-built records and verify that they are up-to-date and accurate to the best of the Consultant’s knowledge. e. The Consultant shall establish the date of Substantial Completion for the Project, based on his determination and agreement of the Owner’s Project Representative that the work is sufficiently complete for the Owner to occupy the facilities, or a designated portion thereof, for the use for which it is intended, without undue inconvenience to the Owner. This shall be evidence by a Certificate of Occupancy or a Certificate of Completion issued by the School District Building Official. f. The Consultant shall prepare a Certificate of Substantial Completion. g. The Certificate of Substantial Completion shall include a list of items remaining to be completed or corrected by the Contractor. h. At completion of construction, the Consultant shall obtain from Contractors all warranties, manufacturers’ manuals of operation, the Contractor’s Affidavit form, the Receipt and Release form, other documentation required by the contract documents and conduct a final inspection. i. The Consultant shall issue a final certificate for payment based upon a completed certificate of final inspection certifying that the work has been constructed in accordance with the contract documents. j. One (1) month before the end of the one (1) year warranty period the Consultant shall schedule and conduct an inspection of the Project with the Owner’s Project Representative and the Contractor to discover and report any deficiencies in the work covered by the bond, or any uncorrected deficiencies previously reported. The Consultant shall prepare a list of all outstanding deficiencies remaining at the time of inspection. 4. The responsibility of the Consultant for performing the Consultant’s obligation under this Agreement and under the construction contract(s) is not relieved or affected in any respect by the presence of, or inspection by, employees or other agents of the Owner. The Consultant agrees that the responsibility assumed by the Consultant for approving and certifying work for payment is not shared by any employee of the Owner. 5. If, in the preparation of the drawings and specifications, the Consultant fails to include any portion of the work defined in the Project requirements or essential to any system, the Consultant shall be responsible to the Owner for all construction costs related to the remediation less the cost the Owner would have incurred had there been no error or omission. 6. During the course of construction, it may be necessary to make changes in the scope of the work, changes in the Project requirements which are required by the Owner and changes in the basic services as described herein. The Consultant shall prepare or revise drawings, specifications and supporting data and other services in connection with Owner-directed proposed changes. Owner approval is required prior to execution of the changes. The Consultant will be compensated in accordance with the fee schedule for “Additional Services”, herein. The Consultant will receive no fee for changes caused by the Consultant’s errors or omissions. Owner’s Responsibilities 1. The Owner’s Project Representative shall provide full information regarding its requirements for the Project. 2. In order to avoid unreasonable delay in the Consultant’s work the Owner’s Project Representative shall render decisions within fourteen (14) days pertaining to written requests, submissions or proposals of the Consultant. 3. The Owner’s Project Representative shall furnish information required as expeditiously as possible for the orderly progress of the work. 4. The Owner shall have the option to employ or retain inspectors or independent consultants as is deemed appropriate for the Project. The Consultant shall cooperate and provide information to the inspectors and consultants. The retention of such consultants and inspectors shall not relieve or modify the Consultant’s responsibilities on the Project and shall be solely for the benefit of the Owner. 5. The Owner is the authority having jurisdiction and the School Board’s Building Official shall enforce the requirements of the Florida State Department of Education, SREF, and the Florida Building Code. Any acts or omissions by the Owner will not in any way relieve the Consultant of the Consultant’s responsibilities under this Agreement. Time and Order of Services 1. The Consultant shall furnish the documents and provide the services herein required in such sequence and at such times as may be necessary for the prompt execution of the work of design and construction of the Project. 2. The Consultant agrees to prepare and deliver to the Owner’s Project Representative the following: a. Schematic documents within the calendar days from the date of receipt of notice to proceed as outlined in the Design Criteria, provided by the Owner’s Project Representative. b. Design development documents within the calendar days from the date of receipt of notice to proceed as outlined in the Design Criteria, provided by the Owner’s Project Representative. c. Construction documents within the calendar days from the date of notice to proceed as outlined in the Design Criteria, provided by the Owner’s Project Representative. d. Failure to meet the contract schedule and any amendment thereto without written approval of the Owner shall be construed as a failure to perform. 6. The Consultant agrees to proceed with each succeeding phase after the Owner Representative’s written-acceptance of each phase’s documents. 7. The Consultant will be evaluated by the Owner’s Project Representative at the end of the construction of the Project. The results of this evaluation may be considered at future selection of Consultants. A copy of the evaluation will be available to the Consultant after its completion. Special Requirements 1. Consultant will be required to provide deliverables at the Owner’s Project Representative preference on printed, signed and sealed copies, and an electronic copy in AutoCAD format. Consultant is required to provide all deliverables according to CADD standards provided, or identified by the Owner’s Project Representative. 2. Provide prompt response to Plan Review (PLNPR) comments, Requests for Information (RFI), Proposal Requests (PR) and the distribution of Architect’s Supplemental Instructions (ASI). The management of these processes, as well as other communications, will be within the School District’s Project Management Solution, Trimble Unity Construct. 3. All meetings shall be documented in Trimble Unity Construct using the Meeting Minutes Forms. The sign-in sheet, meeting minutes and any other documents distributed during the meetings must be attached to the appropriate Trimble Unity Construct Meeting Minutes Form after each meeting. The Consultant is responsible for facilitating the design meetings, distributing an agenda for each meeting and managing a sign-in sheet. The Consultant is also responsible for making sure the meeting minutes are documented and uploaded to Trimble Unity Construct using the appropriate Meeting Minutes Form. 4. All information collected and provided through this Contract will be the property of the School District of Osceola County, Florida. 5. The Consultant shall have staff performing Roofing & Building Envelope Investigation Services on District projects that are properly licensed, as applicable and as required by law.