Agenda - 04-01-2025; 8-e - Approval of Professional Services Agreement for Historic Courthouse Square Building and Grounds Improvements

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6 4.2.1 At the times designated herein, the Designer shall develop an estimate of the total cost of the Project (the "Total Project Cost"), including Designer's fees, costs of the construction, costs of equipment,furnishings, furniture and signage, permit fees and appropriate contingencies, and exclusions,where applicable.These costs shall be prepared and submitted to the Owner substantially in the format shown in Attachment C to this Agreement,with supporting documents listing quantities, unit price, labor rates, man-hour estimates, overhead and profit. Total Project Cost shall be mutually agreed upon by Owner and Designer as noted in paragraph 4.2.4. The timing of this Total Project Cost agreement shall be identified as a milestone in Attachment D. If cost estimating is not part of the project scope, the Total Project Cost shall be specified here: [BLANK] 4.2.2 Project cost estimates shall be prepared by qualified staff members of the Designer or the authorized Project Consultants listed on Attachment E, or a qualified cost estimating Consultant to the Designer who are acceptable to the Owner. 4.2.3 Total Project Cost estimates shall be prepared at NA points in the production of the Designer's work: A. At completion of NA design; and B.At completion of NA; and C. At completion of NA of the construction documents; and D. Cost Estimate will be provided at the end of Task 1,within eight(8) months from the start of contract. 4.2.4 If applicable per section 4.2.3, when the first of these estimates of Total Project Cost has been approved in writing by the Owner, it shall be used by the Owner as a basis for appropriating funds specifically for the Project. Once this Total Project Cost has been so approved by the Owner and the conditions of the project (cost environment,time schedule, etc.) are reasonably similar,the Designer shall be obligated, without additional compensation, to adjust the design of the Project to assure that it remains within the approved Total Project Cost. 4.2.5 Should bidding or negotiation with contractors produce prices which,when added to the other elements of the approved Total Project Cost, produce a cost that is in excess of the approved Total Project Cost, the Designer shall participate with the Owner in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved Total Project Cost. All activity of the Designer with respect to these matters shall constitute Basic Services and shall be performed by the Designer without additional compensation. If negotiation and design adjustments fail to bring costs within the Total Project Cost the Owner may reject all bids and Designer will redesign or reduce portions of the project in an effort to reduce the bid prices to within the Total Project Cost and rebid the project. All such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved Total Project Cost initially or after negotiations with the contractor,the Designer is not obligated to further redesign the Project. 4.3 Project Conferences 4.3.1 For the duration of the development of the Project,the Designer and its Consultants shall meet periodically with the Owner.The Designer shall meet with Owner as necessary to properly fulfill the requirements of this Agreement. The minimum regularly scheduled meetings which the Designer shall be required to attend are listed below: 1. Conduct Project Kickoff meeting 2. Conduct County Design Committee meeting to review preliminary findings and recommendations of potential options. 3. Conduct informal presentation of findings and recommendations to County design committee to deliver draft Assessment Report of findings, recommendations, and cost estimates for recommended actions. 4. Provide presentation of findings for final Assessment Report. 4.4 Construction Administration 4 Revised 01/24