HomeMy WebLinkAboutAgreement A-16-595.pdfAgreement No.16-595
16-1135
1 FIRST AMENDMENT TO PROCUREMENT AGREEMENT FOR ENGINEERING
2 CONSULTANT SERVICES
3 THIS FIRST AMENDMENT (hereinafter called "AMENDMENT") TO
4 PROCUREMENT AGREEMENT P-15-201-P for Engineering Consultant Services,
5 hereinafter called "AGREEMENT" (which AGREEMENT is attached hereto as "Exhibit
6 1" to this AMENDMENT and incorporated herein by this reference) is made and
7 entered into this@J-4b day of~.~av0rmJ016, by and between the COUNTY OF
8 FRESNO, a political subdivision of the State of California, hereinafter referred to as
9 "the COUNTY"; and Lars Andersen & Associates, Inc., a California Corporation,
10 whose address is 4694 West Jacquelyn Street, Suite 201, Fresno, CA, 93722,
11 hereinafter referred to as "the CONSULTANT."
12 WITNESSETH
13 WHEREAS, the CONSULTANT has been selected to prepare Plans,
14 Specifications, and Engineer's Estimates, and to provide other services required for
15 the design of the Fancher Creek Bridle Trail Project, hereinafter referred to as "the
16 PROJECT;" and,
17 WHEREAS, the preliminary design of the PROJECT required extensive
18 coordination with various stakeholders and, due to circumstances beyond the control
19 of the CONSULTANT, the cost associated with the preliminary design increased
20 significantly; and,
21 WHEREAS, it has been determined that, due to funding limitations, it will be
22 necessary to construct the PROJECT as two separate phases; and,
23 WHEREAS, it has been determined that, in order to ensure that sufficient
24 funding is available, various additive alternates need to be identified and incorporated
25 into the contract documents for the PROJECT; and,
26 WHEREAS, the need to prepare two separate sets of contract documents and
27 to identify additive alternate bid items will lead to an increase in the cost to design the
28 PROJECT; and,
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WHEREAS, the COUNTY’s Purchasing Agent cannot execute the
AMENDMENT on behalf of the COUNTY since the increased cost of
CONSULTANT’S services will cause the total compensation to be provided under the
AGREEMENT, as amended, to exceed the scope of the Purchasing Agent’s
contracting authority.
NOW, THEREFORE, in consideration of the promises and covenants set forth
herein, the above named parties agree as follows:
I. The first sentence of the AGREEMENT is hereby deleted and is
replaced with: “The COUNTY hereby contracts with the CONSULTANT to provide
engineering consultant services for the PROJECT in accordance with the text of this
AGREEMENT as modified by the first AMENDMENT thereto.”
II. The sentence following “TERM” on page 1 of the AGREEMENT is
hereby deleted and is replaced with: “This Agreement shall become effective June 1,
2015 and shall end on the third anniversary of the execution date, unless prior to its
expiration its term is extended in writing, for no more than two additional one-year
terms, by mutual consent of the Director of the Department of Public Works and
Planning or his designee, hereinafter referred to as ‘the DIRECTOR,’ and the
CONSULTANT.”
III. The text on page 1 of the AGREEMENT that states “EXTENSION: This
Agreement may be extended by the mutual written consent of all parties,” is hereby
deleted and replaced with the following:
“CONTRACT ADMINISTRATION:
A. The CONTRACT ADMNISTRATOR on behalf of the COUNTY shall be
Dale Siemer, P.E. – Senior Engineer
2220 Tulare Street, Suite 600
Fresno, CA 93721
dsiemer@co.fresno.ca.us
and shall remain so unless the CONSULTANT is otherwise notified in writing by the
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DIRECTOR.
B. The CONSULTANT shall not commence the performance of remaining
work or services under the AGREEMENT as hereby amended until a written
notification to proceed has been issued by the CONTRACT ADMINISTRATOR.”
IV. The sentence following “CONTRACTOR’S SERVICES:” on page 1 of
the AGREEMENT is hereby deleted and is replaced with: “The CONTRACTOR shall
perform the services described in Exhibit 2, which exhibit is attached to this
AMENDMENT and incorporated herein by this reference. Tasks to be perfomed by
the COUNTY also are described in Exhibit 2.”
V. The sentence following “COMPENSATION:” on page 1 of the
AGREEMENT is hereby deleted and is replaced with:
“”A. The not-to-exceed allocations for each individually specified Phase
under the AGREEMENT are set forth in Exhibit 3 to this AMENDMENT, which exhibit
is attached hereto and incorporated herein by this reference. Exhibit 3 also includes
anticipated expenses and hourly and cost rates for time and materials, which
expenses and rates shall serve as the basis for payment of all earned compensation
hereunder.
B. The CONSULTANT will be compensated for performance of its
obligations under the AGREEMENT on a time and materials basis, and it is expressly
acknowledged and agreed that the total amount paid to the CONSULTANT, for each
completed Phase shall not exceed the maximum not-to-exceed limit allocated to each
Phase as specified in Exhibit 3. The total amount paid to the CONSULTANT for each
completed Phase shall be considered to include all compensation payable to the
CONSULTANT, including all salary and fringe benefits, all overhead and profit, and all
other expenses incurred in performing the scope of work for each Phase.
C. This AGREEMENT provides for the CONSULTANT to perform a specific
scope of work as described in Exhibit 2. The CONSULTANT may be requested to
provide as Extra Services work that is beyond the defined scope, or to retain such
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specialty consultants as the CONTRACT ADMINISTRATOR may determine to be
necessary or appropriate for completion of PROJECT requirements. The
CONSULTANT may initiate an Extra Services proposal or the CONTRACT
ADMINISTRATOR may request that the CONSULTANT provide a detailed proposal
and cost breakdown. The CONTRACT ADMINISTRATOR will consider the proposal
and cost breakdown and, if accepted, will provide the CONSULTANT with written
authorization to proceed and a not-to-exceed amount. All Extra Services must be pre-
approved and authorized in writing by the CONTRACT ADMINISTRATOR before any
such work can be commenced.
D. The maximum not-to-exceed amount for the AGREEMENT as hereby
amended is One Hundred Fifty Thousand Dollars ($150,000.00), including fees for
those services described in Exhibit 2 amounting to One Hundred Thirty-Five
Thousand Seven Hundred Ninety-Eight and 90/100 Dollars ($135,798.90); and a
Fourteen Thousand Two Hundred One and 10/100 Dollars ($14,201.10) not-to-
exceed contingency for Extra Services caused by unforeseen changes to the scope of
work. The fees for the various phases are as follows:
Phase I – Scoping and Conceptual Trail Plan: $66,560.50
Phase II – Preliminary Design: $33,880.90
Phase III – Final Design: $31,718.50
Phase IV – Bidding Assistance: $3,639.00
Total: $135,798.90
Extra Services: $14,201.10
Agreement Total: $150,000.00
E. The not-to-exceed Phase allocation amounts listed hereinabove may be
modified within the limits of the total compensation amount upon mutual agreement,
confirmed in writing, between the CONTRACT ADMINISTRATOR and the
CONSULTANT. No additional compensation, in excess of the maximum cumulative
total contract amount of One Hundred Fifty Thousand ($150,000.00) will be paid to
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the CONSULTANT, unless a formal written amendment to this AGREEMENT
specifically providing for such an increase is approved by the Board of Supervisors.
F. There will be a maximum allocation of Fourteen Thousand Two Hundred
One and 10/100 Dollars ($14,201.10) over the entire term of the AGREEMENT to pay
for authorized Extra Services. The CONSULTANT and the COUNTY’s CONTRACT
ADMINISTRATOR shall expressly confirm in writing the authorization and maximum
lump sum fee for any Extra Service before the CONSULTANT commences
performance of any such service; and CONSULTANT hereby acknowledges its
understanding that such prior written confirmation shall be a prerequisite to
CONSULTANT’s compensation for any such Extra Service. The following
CONSULTANT services are not included in Exhibit 2 and may be required as Extra
Services:
1. Making additional modifications to documents at the COUNTY’S
request, subsequent to the COUNTY’s prior approval thereof.
2. Providing unforeseen, extraordinary or unique services or items not
included in Exhibit 2.
3. Advising and/or assisting the COUNTY with respect to any settlement
or litigation arising out of any failure of the construction contractor to fully perform the
construction contract in accordance with construction contract documents.”
VI. The paragraph on page 2 of the AGREEMENT following “INVOICING” is
hereby deleted and is replaced with the following:
“A. The CONSULTANT may request monthly progress payments based
upon the work completed. The CONSULTANT will be compensated for performance
of its obligations hereunder, as promptly as fiscal procedures will permit, following
receipt by the CONTRACT ADMINISTRATOR of itemized invoices. Invoices shall
detail the work performed on each Phase and shall indicate the percentage of work
completed and the amount invoiced for each Phase. Invoices shall reference both the
AGREEMENT number and the PROJECT, and shall identify the corresponding
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Phase(s) on which the work described in the itemized invoice was performed.
Invoices shall be emailed to the CONTRACT ADMINISTRATOR at
designservices@co.fresno.ca.us.
B. Upon receipt of a proper invoice, it will take approximately ten (10)
working days for the COUNTY Department of Public Works & Planning to review,
approve, and submit it to the COUNTY Auditor-Controller / Treasurer-Tax Collector.
Unsatisfactory or inaccurate invoices will be returned to the CONSULTANT for
correction and resubmittal. Payment, less retention, will be issued to CONSULTANT
within approximately forty-five (45) calendar days of the date the Auditor-
Controller/Treasurer-Tax Collector receives the approved invoice.”
VII. The paragraph on page 4 of the AGREEMENT following the word
“INCONSISTENCIES” is hereby deleted.
VIII. The following section is hereby added to the AGREEMENT:
“CONFLICT OF INTEREST
A. The CONSULTANT shall comply with the provisions of the Fresno County
Department of Public Works and Planning Conflict of Interest Code, attached as
Exhibit 4 to this AMENDMENT and incorporated herein by this reference. Such
compliance shall include the filing of annual statements pursuant to the regulations of
the State Fair Political Practices Commission including, but not limited to, portions of
Form 700.
B. The CONSULTANT shall disclose any financial, business, or other
relationship with the COUNTY that may have an impact upon the outcome of this
contract, or any ensuing COUNTY construction project. The CONSULTANT shall also
list current clients who may have a financial interest in the outcome of this contract, or
any ensuing COUNTY construction project, which will follow.
C. The CONSULTANT hereby certifies that it does not now have, nor shall it
acquire any financial or business interest that would conflict with the performance of
services under this AGREEMENT.
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D. The CONSULTANT hereby certifies that neither the CONSULTANT, nor any
firm affiliated with the CONSULTANT will bid on any construction contract, or on any
contract to provide construction inspection for any construction project resulting from
this AGREEMENT; provided, however, that this shall not be construed as disallowing
CONSULTANT or affiliated firm from performing, pursuant to this AGREEMENT or
other agreement with the COUNTY, construction inspection services on behalf of
COUNTY for PROJECT. An affiliated firm is one, which is subject to the control of the
same persons through joint ownership, or otherwise.
E. Except for subcontractors whose services are limited to providing surveying
or materials testing information, no subcontractor who has provided design services in
connection with this contract shall be eligible to bid on any construction contract, or on
any contract to provide construction inspection for any construction project resulting
from this contract; provided, however, that this shall not be construed as disallowing
subcontractors who have provided design services for PROJECT from performing,
pursuant to this AGREEMENT or other agreement with COUNTY, construction
inspection services on behalf of COUNTY for PROJECT.”
IX. The following section is hereby added to the AGREEMENT:
“DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONSULTANT is operating as a
corporation (a for-profit or non-profit corporation) or if during the term of the
AGREEMENT, the CONSULANT changes its status to operate as a corporation.
Members of the CONSULTANT’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while CONSULTANT is providing goods or
performing services under the AGREEMENT. A self-dealing transaction shall mean a
transaction to which the CONSULTANT is a party and in which one or more of its
directors has a material financial interest. Members of the Board of Directors shall
disclose any self-dealing transactions that they are a party to by completing and
signing a Self-Dealing Transaction Disclosure Form (attached as Exhibit 5 to this
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AMENDMENT and incorporated by this reference) and submitting it to the COUNTY
prior to commencing with the self-dealing transaction or immediately thereafter.”
X. The following section is hereby added to the AGREEMENT:
“Except as expressly modified by this AMENDMENT, all other provisions of the
AGREEMENT shall remain in full force and effect.
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1 IN WITNESS WHEREOF, the parties hereto have caused this FIRST
2 AMENDMENT TO PROCUREMENT AGREEMENT to be executed, effective as of the
3 day and year first above written.
4
5 LARS ANDERSEN & ASSOCIATES,
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INC
REVIEWED AND R OMMENDED
10 FOR APPROVAL
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Steven E. hite, Director
Department of Public Works and
Planning
15 APPROVED AS TO LEGAL FORM
Daniel C. Cederlborg
16 County Counsel
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20 APPROVED AS TO ACCOUNTING
FORM
21 Vicki Crow, C.P.A.
Auditor-Contorller I Treasurer-Tax
22 Collector
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BY: Q9p{~
Deputy
FOR ACCOUNTING USE ONLY
Fund: 0010
27 Subclass: 11 000
Org. No.: 4510
28 Account: 7295
9
COUNTY OF FRESNO
ATTEST
Bernice E. Seidel, Clerk
Board of Supervisors
BY:(}.~,~' ~b
Exhibit 2
SCOPE OF SERVICES
PHASE I – SCOPING AND CONCEPTUAL TRAIL PLAN
The Consultant Shall:
• Conduct kick off meeting with County and with interested stakeholders.
• Develop the Conceptual Trail Plan which reflects the information gathered early in this phase of the project.
• Conduct five meetings with the County, Tree Fresno and Sunnyside Property Owners Association.
• Attend one strategy meeting with the County.
• Conduct one site review by Sierra Designs in preparation for a site walk.
• Conduct one site review meeting with the County, Tree Fresno and the Sunnyside Property Owners Association.
• Attend one site review meeting with the President of Tree Fresno.
• Prepare additional presentation materials and alternative conceptual designs for various meetings.
• Produce site drawings for the use of Tree Fresno and the Sunnyside Property Owners Association.
• Analyze Tree Fresno correspondence, tree removal recommendations and trail layout versus the conceptual plan.
• Develop alternative irrigation options and budgets.
• Gather information regarding the trail site including:
Utility plans showing potential locations for power and water service.
Any historic trail plans of the original trail design and construction.
County-provided topographic surveys.
Prior tree surveys (if any).
• Prepare Tree Inventory and Assessment which includes information regarding the health of major trees and a risk assessment of marginal or dead trees vs. their aesthetic and potential habitat value.
• Communicate with agencies and interested groups affected by the project to understand their needs, concerns and requirements.
• Complete a schematic-level cost estimate to review with the County during the design of the Conceptual Trail Plan.
• Furnish to County information required for use in preparing the CEQA document and, if the CEQA process identifies any required mitigation for this project, incorporate such mitigation into the plans and specifications.
Exhibit 2
Phase I Deliverables
• Arborist’s Tree and Risk Assessment Survey.
• Conceptual Trail Plan with trail alignment and surfacing, typical cross sections of the trail within the ROW and its relationship to the adjacent property owners and Fresno Irrigation District ROW.
Phase I County Obligations
• Provide contact information for partners and stakeholders.
• Provide information regarding existing topography, easements, and provide any as-built plans for the original bridle trail and for structures or features along the corridor.
• Provide meeting venues and announcements/invitations for the meetings, and printing for any flyers. Schedule: June, 2015
Phase I: $66,560.50
PHASE II – PRELIMINARY DESIGN: Due to limited funding, the Project will be designed as two bid packages and will be constructed as two separate projects, referred to as “the first contract” and “the second contract.”
The Consultant Shall:
• In accordance with the County’s target budget for the first contract, develop and provide a recommendation of project elements to be included in the first contract and in the second contract.
Submit recommendations to County.
Establish final list of project elements for each contract based on County comments.
• In accordance with the County’s target budget for the base bid and for additive bids for the first contract, provide a list of recommendations for additive alternate bid items to be included in the first contract.
Submit recommendations to County.
Establish final list of additive bid items for the first contract.
• Share the conceptual trail plan and coordinate with technical project partners, including the Railroad, Fresno Irrigation District, City of Fresno and PG&E, to establish initial designs for:
The Butler Avenue crossing.
Any elements required by Fresno Irrigation District along the length of the trail.
Specific needs for the electric (for irrigation controllers and possible flashers at Butler Avenue) and water (for irrigation and possible drinking fountains).
Any elements required by the City of Fresno near their pump stations within the project area.
• Analyze various alternatives and recommend a design for a pedestrian crossing at Butler; i.e. flashing beacon; street lighting. Consider, at a minimum, the disturbance to adjacent
Exhibit 2
property owners and pedestrian safety when evaluating the pedestrian crossing.
• Have the Certified Arborist review the design plans for consistency with the recommendations in their report furnished in Phase I. This review will identify:
Details and specifications for those trees that need removal or pruning.
Those trees that pose some danger to trail users.
Trees that offer opportunities for habitat enhancement.
Trees that require some root treatment to preserve the integrity of the new trail surface.
• Evaluate the site and the Conceptual Trail Plan as well as the wishes and needs of the County and stakeholders, to develop a strategy for meeting ADA accessibility requirements for the project.
• Develop the planting to be consistent to feature appropriate plants from the Valley Arboretum.
• Identify opportunities for utilizing the planting and irrigation along the Fancher Creek trail for education about water-wise gardening.
• Maintain comfortable separation between the trail corridor and adjacent homeowners to the extent practicable.
• Commence with 65% plans, specifications, and estimates upon written authorization by the County Contract Administrator. The Design shall be prepared in accordance with:
Design criteria for trails set forth in the California Highway Design Manual,
Fresno County Recreational Bicycle and Recreation Trail Master Plan,
The Measure “C” Transportation Sales Tax Extension, Pedestrian/Trails Facilities Subprogram as well as any other applicable guidance or laws.
2010 Caltrans Standard Plans and Specifications
CAD files shall be prepared using AutoCAD Civil 3D 2015.
Phase II Deliverables
• Approved list of items of work to be included in the first contract and in the second contract.
• Approved list of additive bid items for the first contract.
• Summary of design parameters for:
The Butler Avenue crossing.
Elements required by Fresno Irrigation District.
Specific needs for the electric connections
Specific needs for water connections.
Elements required by the City of Fresno near their pump stations within the project area.
ADA compliance.
• List of arborist’s recommendations regarding
Exhibit 2
Those trees that pose some danger to trail users.
Trees that offer opportunities for habitat enhancement.
Trees that require some root treatment to preserve the integrity of the new trail surface.
• Approved plant pallet.
Phase II County Obligations
• Provide budget for the first and second construction contracts.
• Provide budget for additives for the first construction contract.
• Promptly, within twenty working days, review and comment regarding Consultant submittals. Schedule: September, 2016
Phase II: $33,880.90
PHASE III– FINAL DESIGN Phase III will be headed up by Lars Andersen & Associates. They will oversee and coordinate the civil, landscape and arborist portions of the project and create the final bid package. The project plans will be submitted concurrently as the first contract and the second contract. The focus of Phase III will be the development of the Bid Packages. The plans will be developed in full compliance with the County and State requirements and will be submitted for review by the County and its designated reviewers at 65% complete. After review, any revisions required will be incorporated into the plan set.
The Consultant Shall:
• Prepare 65% plans, specifications, and estimates for the first contract and for the second contract. Alternates will only be provided for the first contract. The 65% submittal for each project shall include:
Plans prepared using AutoCAD Civil 3D Format (2015 preferred) – One printed set on 22” x 34,” one printed set on 11” x 17”, one electronic set in .pdf, and AutoCAD files.
Technical Special Provisions prepared using Microsoft Word 2010. – One electronic set in .pdf format and one electronic set in MS Word.
Engineer’s Estimate of Probable Cost. - One electronic set in .pdf format and one electronic set in MS Excel.
Quantity Calculations – in .pdf format.
Draft Permit Applications.
• Prepare 65% plans to include:
Title Sheet with Location Map.
Typical Cross Sections / Legend.
Layout / Plan and Profile for the Trail alignment and irrigation system with appropriate appurtenances.
Exhibit 2
Identification of trees and shrubs to be removed.
• Identify appropriate allocation of working days for the construction work for each contract.
• Identify long lead time materials, plants, and equipment that will affect the construction schedule.
• Prepare required regulatory permit applications. Coordinate with each respective agency and copy the County on all correspondence.
• Prepare and acquire appropriate permits for water and electrical services connections.
• Review, comment and/or make recommendations to the County on the content of the County’s standard special provisions as they apply to the project.
• Recommend construction methods based on feasibility and analysis of associated issues and risks.
• Submit, at least 20 working days prior to the scheduled 65% constructability review meeting, 65% plans, specifications and estimate to the County for distribution to other agencies for their review and comment.
• Schedule a 65% Constructability Review Meeting
• Incorporate comments from the County and from other agencies received into the PS&E. County will need to notify Lars Andersen of all additional alternates at this time.
• Update the County as issues arise that impact the budget or schedule for the project. The design team will work with the County to incorporate any changes the County deems appropriate.
• The final plans and specifications signature sheet shall be stamped by a seal with Consultant and sub-consultants' license numbers and/or signed in accordance with the California Business and Professions Code.
• Upon receiving notice to proceed therewith, prepare the signed and sealed final PS&E packages for each contract which incorporate all changes requested by the County.
• Provide final Plans, Specifications and Estimates for each of the two contracts in the quantities and format as follows:
One (1) 22”x 34” set of Original Stamped and Signed Plans (Mylar)
One (1) Electronic Copy of Original Stamped and Signed Plans in pdf format
One (1) set of Stamped and Signed Final Specifications
Two (2) Electronic Copies of Final Specifications (one in Word format and one in pdf format using Adobe Acrobat XI)
Two (2) Electronic Copies of Final Engineer’s Estimate (one in Excel format and one in pdf format using Adobe Acrobat XI)
Final CAD files in AutoCAD Civil 3D Format (2015 preferred)
• Prepare and provide Meeting minutes of the 65% Constructability Review Meetings.
• Provide cut sheets as necessary to explain or illustrate any items or plant materials the County or stakeholders are not familiar with.
Phase III County Obligations:
• Review comments on the 65% plans and coordination and gathering of any comments from stakeholders or associated agencies
Exhibit 2
• Collaborative feedback on budget issues to expeditiously resolve budget opportunities and challenges.
• Expedited review and provide feedback within thirty (30) days.
• Preparation of the “boilerplate” of the Project Manual; our team will provide technical specifications only
• Printing and distribution of the Bid Packages.
• Meeting venue and any required flyers or notification to stakeholders and/or interested agencies
• Promptly, within twenty working days, review and comment regarding Consultant submittals. Schedule: December, 2016
Phase III: $31,718.50
PHASE IV – ASSISTANCE DURING BIDDING AND CONSTRUCTION Phase IV applies only to the first contract. Assistance during Bidding and Construction for the second contract is not included in the scope of work. If required, this will be provided as extra services.
The Consultant Shall:
• Provide the County with answers to bidder’s questions in a timely manner.
• Prepare Addenda as required and requested by the County.
Addenda shall be prepared at no additional cost to County unless such addendum is as a result of change of scope of work initiated by the County.
Addenda shall be prepared in a format that would only require addition of a cover letter
Addenda shall be stamped with Consultant and subconsultants' license numbers and/or shall be signed in accordance with the California Business and Professions Code.
Addenda shall be furnished to the County in an hardcopy and electronic format
• Aid in the evaluation of the bids
• Attend the Preconstruction Conference
• Review submittals and work with County on appropriate substitutions, rejections and resubmittals. Prepare documentation of submittal review.
• Be available for Construction Support if called upon by the County. The scope of this service and associated fee will be determined at a later date.
Phase IV Deliverables:
• Addenda, RFI responses, Bid Analysis spreadsheet
• Submittal Reviews
• Preparation of meeting minutes for Preconstruction Conference
Phase IV County Obligations:
Exhibit 2
• Coordinate the bidding process and distribution of questions, requests, submittals, etc. for review by the design team.
• Provide a meeting venue and agenda for the Preconstruction Conference Schedule: May, 2017
Phase IV: $3,639.00
Total: $135,798.90