Exhibit A
Statement of the Work
1. Scope of Services
The scope of services will be provided as laid out in the work plan (exhibit D) and defined by the project schedule (exhibit E). It includes the following:
Phase 1b – First Public Workshop
During this phase the information gathered in Phase 1a will be reviewed, as well as the comments and concerns established in TAC meetings, SC meetings and regular team meetings. A public workshop will be held with the joint intention of opening up citizens and site neighbours to new concepts in water and urban design as well as consulting them on the success of Jamison Square, programming issues as introduced by the Framework Plan, location of the Maya Lin sculpture “playground” and desires and wishes for North Park Square itself. The consulting team will meet and have a first exchange of ideas.
The goal for this phase:
1. A clear programming recommendation for North Park Square and the Neighbourhood Park.
2. Identification of key issues, challenges and client and community desires.
3. An outline of issues regarding the location the “playground” sculpture.
4. Design inspiration for starting the schematic phase.
Workshops
1st Public workshop to be held on Saturday January 25.
Presentations
Public lecture to be held on Friday January 24.
Deliverables
PowerPoint presentation – summary of key issues including Workshop + programming.
Meetings
Technical Advisory Committee - max. 1 meeting
Steering Committee - max. 2 meetings
Phase 2 – Concept Alternatives and Schematic Design
The first task of this phase is to, informed by the findings of Phase 1a and 1b, explore design concepts for the site. These explorations will lead to 3 concept alternatives. Depending on the outcomes of Phase 1, one or more alternatives may include the Maya Lin sculpture “playground”.
The 3 alternatives will be presented at a public workshop. Thanks to consultation and feedback from this workshop and meetings with the SC and client, consensus will be obtained for one preferred option. This preferred option will be developed to full schematic design. The developed preferred option will be presented at a 3rd public workshop.
The goal for this phase:
1. Informed by the findings of Phase 1a and 1b, explore design concepts for the site.
2. Develop 3 concept alternatives to be presented to the client, SC and public.
3. Based on this consultation, obtain consensus on a preferred alternative.
4. Explore and elaborate on this preferred alternative.
5. Through the 3rd public workshop and consultation with the SC and client, obtain consensus and feedback on the preferred option.
Workshops
2nd Public Workshop April 5, 2003 – Concept Alternatives
3rd Public Workshop June 4, 2003 – Preferred Alternative
Deliverables
2.4 Presentation drawings for the 3 options for the 2nd Public Workshop.
2.5 Magnitude of cost estimates for each of three alternatives.
2.9 Presentation drawings for the preferred option for the 3d Public Workshop, and summary document ( 8 1/2x11” or 11x17”).
2.10 Site model of preferred design.
2.12 Cost estimate for preferred design.
Meetings
Team weekly telephone calls – max. 17 calls.
Technical Advisory Committee - max. 3 meetings
Steering Committee - max. 3 meetings
Phase 3 – Design Development
Phase 3 is a process of bringing the concepts and ideas of the preferred schematic design into a focused reality. The end drawings will be of such a level to allow detailed insight by the client and various neighborhood and advisory bodies so that the design intentions of the team are totally transparent.
The goal for this phase:
1. To take the consensus and feedback of the 3rd public workshop, and expand it into a detailed design proposal for the site.
2. Improve this detailed design proposal with input from various neighborhood and advisory bodies (see meeting below).
3. Produce design plans that communicate the detailed design intentions.
4. Preparation for zoning and permitting, and transition into construction documents.
Deliverables
3.1 Design Development drawings – this includes a plan set including a presentation plan, layout plan, grading plan, planting plan, lighting concept, water system technical diagram , electrical one-line diagrams and schematics, structural plans, ROW plans, sections, details, illustrative graphics, materials and cut sheets, and plant species list.
3.12 Design Development cost estimate.
3.13 Design Development outline specifications.
3.14 Zoning and permitting analysis.
Update site model as necessary to accurately portray project at a schematic level.
Meetings
Team bi-weekly telephone calls – max. 10 calls.
Technical Advisory Committee - max. 4 meetings
Steering Committee - max. 2 meetings
Pearl District Neighborhood – max. 1 meeting
Public Art with RACC – max. 1 meeting
City/County Advisory Committee on Disabled – max. 2 meetings
Presentation to AIA/ALSA Urban Design Committee
Parks Maintenance – max. 2 meetings
Phase 4 – Construction Documents
The clear task of this phase is the production of construction documents, specifications and separation of permit packages. After each progressive submittal interval, comments will be received from Parks, PDC and others, and integrated into the development of the constructions documents.
The goal for this phase:
1. Prepare 100% construction documents and specification for construction of the project, that fit the project budget.
2. Prepare permit packages to obtain required permits.
Deliverables
4.1 75% CDs submittal
4.13 95% CDs submittal
4.23 95% cost estimate
4.26 100% CDs submittal
4.38 Separation of permit packages
Meetings
Pre-bid meeting – max. 1 meeting
Team bi-weekly telephone calls – max. 17 calls.
Technical Advisory Committee - max. 4 meetings
Steering Committee - max. 2 meetings
Phase 5 – Bid Review and Construction Administration
The Design Team will provide answers to prospective bidders during the bid process. Electronic addenda will be provided to the City. Pre-bid submittals will be reviewed and responded to, and then the final bids will be reviewed. A written response will be prepared for the City.
Construction administration services include regular construction meetings and coordination meetings. Shop drawings will be reviewed and responded to. Construction clarifications will be given and change order requests reviewed and responded to including site visits as necessary for clarification. Operations and Maintenance manuals will be prepared.
Project close-out procedures will be followed, including electronic as-builts, a project punch list with assigned monetary values, and procurement of guarantees and warranties.
The goal for this phase:
1. Assist the bid process for selection of the construction contractor.
2. Provide construction administration services to ensure successful interpretation of the construction documents.
3. Assist the City in close-out procedures.
Deliverables
5.3 Addenda
5.15 Operations and Maintenance Manuals
5.16 Electronic As-Builts
Meetings
Team bi-weekly telephone calls – max. 17 calls.
Weekly construction meetings - max. 35 meetings
Pre-bid meeting – max 1 meeting.
Permitting coordination meetings (Parks, PDOT, BES, Water, RACC, OPDR) Steering Committee - max. 2 meetings
2. Contract Assumptions
1. Street improvements up to and including curbs and drainage are NOT in the scope of work. Work in the PDOT right of way on the park side of the curb ARE in the scope of work, and will require a separate PDOT set of documents. This will include all sidewalks, curb cuts, light fixtures, street furniture, signs, traffic signals, etc. Coordination will be required with curbs and street improvements, whether they are existing or still in the planning stages.
2. Size and capacity of utilities for park development will be coordinated between City of Portland Bureaus and Hoyt Street Properties and responsible utilities to determine existing capacity. Any design for utility improvements beyond the site boundaries are not included in Basic Services. We are assuming there are no underground utilities within the property boundary.
3. The Scope of Services and Work Plan (Exhibit D) set a maximum number of coordination meetings, team conference calls, and steering committee meetings per phase. In the event that additional meetings are requested, these will be negotiated as additional services.
4. The Design Team assumes responsibility for designing and documenting a project that complies with City permit requirements. Provided the design team has followed the requirements set forth by permitting agencies, changes in direction from these agencies will be cause to negotiate Additional Services. The following permits are expected and are included in the scope of work: City of Portland Development (Building) permit, including structural, mechanical, electrical, zoning compliance, grading/erosion control; Right of Way permit (PDOT); and BES Stormwater permit. Other Permits not within the scope of work, include, but are not limited to: NPDES, Multnomah County Health permit, City of Portland Land Use, Design Review; Oregon Dept. of Environmental Quality.
5. The Design Team will be provided with clear direction as to measures to be followed in developing the park with the contaminated soils below. Our scope of work will not include developing an environmental report or mitigation measures associated with contaminated soils. Environmental engineering services will be provided by City.
6. We will submit two hard copies (in color if applicable) and digital files for all submittals in PDF format. Construction documents will be produced in a CAD format and provided on 3.5 inch or rewriteable CD-ROM disks in .dwg. formats. The information will be required to be separated into levels and identified by level name, number, and symbols according to standards specified by parks. Work that is within the public right-of-way will be required to have Public Works drawings as specified by the Office of Transportation (PDOT) and the Bureau of Environmental Services (BES). City will be responsible for reproductions and distribution among staff and public.
7. Treating stormwater from off site, including roads and adjacent developed/developing properties is not included in Basic Services. We will negotiate this as an additional services item if it becomes a reality.
8. Coordination with Maya Lin and the Pearl Arts Foundation is part of the basic scope of work into Phase II and coordination with public art is part of the basic scope of work all the way thorough. If the Maya Lin piece is included it will take the place of the public art. We are assuming that all work will be done in Portland. If a trip to Maya Lin’s studio in New York is required, it will be negotiated as an additional service. The Scope of Services do not include any documentation, bidding or construction administration of public art elements.
9. There may be structures in the park depending on the community input and the development of the design. A restroom facility in the park is unlikely, but basic services will include site planning for a restroom, if desired. If a restroom is taken forward into Design Development and Construction Documents , it will be negotiated as an additional service. Other structures such as covered pavilion or breezeway are more likely and will be considered part of the basic scope of work.
10. Stefopolous columns – relocation of Stefopolous columns is not included in the scope of works.
11. Technical Water Systems :
a. The scope of services is based on the following assumptions about the technical water system. The site is a total of 40,000 sq. ft and the design of the park will express the themes “contemplation” and “wetlands”, with water being a major design element and occupying up to an approximate maximum of 80% of the site. We assume there will be a large area of open water that functions like a natural water body. This will include significant areas of planting and interfaces with hard edges and paving. It is assumed there will be one water “feature”, which may include water effects and integration with an art object designed by the project team.
b. The park is located in downtown Portland, and will most likely accumulate typical city trash from the surrounds and users of the park itself, such as fast food packaging, straws, cigarettes, cans and bottles, fallen tree leaves and the odd small object such as a shoe or plastic child’s toy.
c. Without predetermining the end design of the water system and park, it is assumed the technical water system is of medium-low complexity.
12. A mock-up testing ,and/or 1:1 models of the whole or part of the water feature are not included in the scope of services.
13. This scope of work assumes a traditional public bid solicitation. If a Construction Manager/General Contractor or other procurement is pursued, the scope of work and fees will be reevaluated.
14. Contaminated soils are sealed beneath 3-8 feet of a clean soil cap. Clean fill extends to the area beneath city sidewalks, with a 5’ cap of clean fill material. Contaminated soils beneath cap have “potential for contaminants”, with low levels of petrochemicals and lead. Hoyt Street Properties has sent a closure letter to DEQ, along with a monitoring plan. The City will provide the Design team clear design guidelines and measures in order to comply with DEQ requirements. The City will provide all necessary specifications and drawings pertaining to contaminated soils needed in the construction documents.
15. Construction documents for boardwalk will be based on drawings and specifications provided by City of Portland. Value engineering review of these existing documents for the boardwalk is included in the basic services.
16. City of Portland will provide all necessary Geotechnical Engineering services, including, but not limited to, soils reports, infiltration calculations, soils bearing capacity information and soil compaction reports.
17. Minutes will be provided for all meetings.
18. At no time will the Design Team undertake to supervise the work of others during project construction.
19. Fee for a consulting arborist, if necessary, is not included in this proposal.
20. The client acknowledges and agrees that proper project maintenance will be required after the project is complete. Without adequate maintenance and care on the part of the Owner, portions of the landscape may never mature and function in the manner intended, and or technical aspects of the water system may fail, resulting in a design that does not achieve the original intent expressed by the designer to the client. Failure to adequately maintain paving surfaces, plant materials, or pumps, filters and technical installations may result in damage to property or persons. The Design Team cannot be responsible for conditions or events that result from inadequate or improper maintenance.
3. Additional Services
a. Additional services are not excluded by this contract and will be negotiated as an amendment to the contract.
b. All those services not described in the scope of services above and the Work Plan (Exhibit D) and/or excluded from the contract in the contract assumptions are additional services.
c. Additional services requested by the client will be agreed in writing and negotiated based on an hourly rate. See attached schedule of hourly rates.
d. Reimbursable expenses associated with additional services will be item billed at direct cost plus 10%.
4. Payment
a. This contract is offered on a lump sum basis with not too exceed maximums for expenses and international travel.
b. The project will be billed at set intervals as laid out in the project schedule (Exhibit E).
c. Payment for invoices is due within thirty (30) days of the date of the invoice. Balances remaining unpaid after sixty (60) days are subject to a monthly finance charge of 1% (12% annually) until paid in full.
d. Non-payment of invoices after ninety (90) days may result in the discontinuation of work. The contractor takes no responsibility for the effects this delay may cause. Fees for extra services caused by the delay may be reasonably requested by the contractor and these will be borne by the client.
e. Hourly rates will be charged at those set by the subconsultants.
5. Expenses
a. Expenses include domestic US travel, long distance telephoning, conferencing and facsimile transmissions, document printing, plotting and reproduction, supplies, photographic prints and slides, video cassette reproduction, courier services, postage and document handling charges.
b. Expenses will be rolled from phase to phase, with the overriding limit being the overall lump sum maximum. When expenses are “saved” in one phase, these may be strategically reserved for a later phase and with the approval of the Owner’s Representative, possibly be used for international travel. Likewise, the lumps sums indicated per consultant per phase, maybe shifted to a different subconsultant in a different phase when not billed at the phase indicated in the Work Plan.
c. Expenses will be item billed per consultant plus 10% at each billing point.
6. International Travel
a. An international travel budget has been established on a lump sum not too exceed basis, defined on the number of trips established in the Work Plan (Exhibit D). This budget was based on assuming $800 per flight per person and a $200 per diem person including food, hotel, taxes and incidentals. Twenty-two total trips have been assumed as part of the basic services. Trips will be confirmed by the Owner’s Representative prior to making reservations. Trips per phase may vary.
b. Trip Schedule:
Trip 1 Phase 1b 2 AD to Portland for Public Workshop 1
Trip 2 Phase 2 3 GW to AD in Germany
Trip 3 Phase 2 2 AD to Portland for Public Workshop 2
Trip 4 Phase 2 2 AD to Portland for Public Workshop 3
Trip 5 Phase 3 2 AD to Portland
Trip 6 Phase 3 2 GW to AD in Germany
Trip 7 Phase 4 1 AD to Portland
Trip 8 Phase 4 1 AD to Portland
Trip 9 Phase 4 2 GW to AD in Germany
Trip 10 Phase 4 1 AD to Portland
Trip 11 Phase 4 1 AD to Portland
Trip 12 Phase 4 1 AD to Portland
Trip 13 Phase 4 1 AD to Portland
c. International travel expenses will be item billed plus 10% for flights and $200 per diem per person.
d. Should the client request more trips than allowed for by this budget, this will constitute additional international travel.
e. Additional International travel will be item billed plus 10% for flights and $200 per diem per person.
END EXHIBIT A
WaterScapes, Inc. Schedule of Hourly Rates
Founder/Principle $150.00
Project Manager $115.00
Landscape Designer/Engineer $95.00
Other Support Staff $65.00
Subconsultants at cost plus 10%.