Exhibit BConsultant Scope of Services (Owner Agent / GC)
Article1- Basic Services
1.1General
1.1.1Basic Services to be provided by the Owner Agent (“Consultant”) shall consist of the activities and stages set forth in Article2 through Article8, inclusive. The Consultant shall provide its services according to a Staffing Plan approved by the Contracting Authority. The Consultant shall provide such services in accordance with the Owner’s Program of Requirements (comprised of, without limitation, the Master Plan, Bracketing Forms and Summary of Renovations, Project Budget and Cost Estimates) as incorporated by reference herein.
1.1.2The Consultant recognizes that the Owner’s Program of Requirements may consist of multiple Program Verification, Schematic Design, Design Development, Construction Documents, Bidding/Negotiation, and Construction Stages.
1.1.3The Consultant shall provide services to accommodate the Owner’s Commissioning Agent.
1.1.4The Consultant shall obtain a copy of the Ohio School Design Manual (“Design Manual”). The Consultant shall endeavor to ensure that the plans and materials proposed for use in the project comply with the standards established by the Design Manual. The Consultant agrees that any variance from the Design Manual will be submitted to the Commission for approval.
1.2Consultation
1.2.1The Consultant shall attend regular meetings with the A/E, Contracting Authority, and Owner. The Consultant shall consult with the Contracting Authority, Owner, and A/E regarding Site use and improvements and selection of materials, building systems, and equipment. The Consultant shall provide recommendations to the Contracting Authority, Owner, and A/E on construction feasibility; actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation and construction completion; and factors related to construction cost, including estimates of alternative designs or materials, budgets and possible economies.
1.2.2At all appropriate times throughout performance of the Work, the Consultant shall contact, meet, consult, and otherwise coordinate with the Contracting Authority, Owner, A/E, governmental authorities with jurisdiction over the Project, and others for the purpose of facilitating the Project’s design and construction.
1.2.3The Consultant shall maintain Project cost accounting records on Work performed by Contractors under unit costs, actual costs for labor and materials, or other appropriate basis and afford the Contracting Authority access to these records at all times. The Consultant shall approve all invoices to be paid from the Project Construction Fund and maintain a log to track and record each approved expenditure. The Consultant shall review and reconcile the Consultant’s log with records maintained by the School District Treasurer on a quarterly basis and submit a report to the Commission and Owner. The Project cost accounting recordsmaintained by the Consultant shall include, but are not limited to, the following:
1.2.3.1cost tracking for overall program management;
1.2.3.2centralized review of invoices;
1.2.3.3monthly financial reconciliation in consultation with the treasurer;
1.2.3.4monthly Locally Funded Initiative reconciliation in consultation with the treasurer;
1.2.3.5Master Plan amendments;
1.2.3.6Drawdown schedule preparation; and
1.2.3.7Project status reports.
1.2.4The Consultant shall provide reports and other Project information through the Contracting Authority’s web-based tools including the following:
1.2.4.1the State’s web-based project management software;
1.2.4.2Quarterly Drawdown Tool;
1.2.4.3Preparation of Budget Adjustment Reports;
1.2.4.4Administration and Tracking of Payments; and
1.2.4.5Administration of Scheduling Software.
1.3ProjectSchedule
1.3.1The Consultant shall develop and maintain a Project Schedule with a logical sequence of events coordinated with the A/E’s Design Schedule; reasonable periods of time for the Contracting Authority, Owner, and A/E to review the Consultant’s deliverables and for the Consultant to revise and resubmit those deliverables; and sufficient detail to properly anticipate and monitor progress on the Project.
Article2- ProgramVerification Stage
2.1Commencement.
2.1.1The Consultant’s Services will begin on the date set forth in a notice that the Contracting Authority will issue to the Consultant.
2.2Organizational Meeting
2.2.1Unless the Contracting Authority agrees otherwise in writing, the Consultant’s Services will begin with an organizational meeting between the Contracting Authority, Owner, A/E, and Consultant. All of the Consultant’s key personnel involved in the Project shall attend the organizational meeting.
2.2.2During the organizational meeting, the attendees will:
2.2.2.1review the responsibilities of each of the Contracting Authority and Owner’s key personnel involved in the Project;
2.2.2.2review the scope of the Consultant’s services and the responsibilities of each of the Consultant’s key personnel involved in the Project;
2.2.2.3review the scope of the A/E’s Services and the responsibilities of each of the A/E’s key personnel involved in the Project;
2.2.2.4review and establish lines of communication between the Contracting Authority, Owner, A/E, and Consultant; and
2.2.2.5review the then-available programming and other documents that reflect the current status of the Project’s design.
2.2.3If the Consultant has not submitted a proposed Project Schedule to the Contracting Authority, Owner, and A/E before the organizational meetingor if the organizational meeting resulted in changes to a previously submitted Project Schedule, within 5days after the organizational meeting is adjourned the Consultant shall submit a proposed or revised Project Schedule to the Contracting Authority, Owner, and A/E.
2.2.3.1The Contracting Authority, Owner, Consultant, and A/E will promptly thereafter consult with one another as necessary to reach agreement on the initial Project Schedule, which shall be used as the basis for moving forward with the Project subject to revision.
2.2.4Within 5days after the organizational meeting is adjourned, the A/E will prepare and distribute the meeting’s minutes.
2.2.4.1If the Project is administered using the State’s web-based project management software, the Consultant shall receive the minutes of the organizational meetingfromthe A/E through the “Meeting Minutes” business process.
2.3General Requirements
2.3.1In addition to performing those Services required to comply with Sections2.5and2.6, during the Program Verification Stage, the Consultant shall:
2.3.1.1advise the Contracting Authority, Owner, and A/E in writing if at any time it appears that the Project Schedule or Construction Budget may be exceeded and make recommendations for corrective action;
2.3.1.2meet with the Contracting Authority, Owner, and A/E at intervals acceptable to the Contracting Authority and Owner, to review drawings and other documents which depict the current status of the Program Verification Stage of the Project;
2.3.1.3review the preliminary Project needs, design, schedule, budget, and other information furnished by the Contracting Authority or Owner and arrive at a mutual understanding of the Project’s requirements with the Contracting Authority, Owner, and A/E;
2.3.1.4assist the A/E in evaluation of the Project’s impact on adjacent properties and rights-of-way;
2.3.1.5evaluate Site use and improvements, selection of materials, building systems and equipment, constructability, logistics, availability and suitability of labor and materials, time requirements, costs of alternative designs or materials and possible economies of scale; and
2.3.1.6at the request of the Contracting Authority:
.1identify and analyze issues related to compliance with Applicable Law and participate in related meetings with government authorities that have jurisdiction over the Project;
.2review and provide comments to the A/E’s investigationof existing conditions and verify the accuracy of Owner-provided information about existing conditions; and
.3review and provide recommendations to the Contracting Authority concerning the A/E’s Payment Requests.
2.4Review of Provisional Program Documents
2.4.1The A/E will submit the provisional Program Documents to the Contracting Authority, Owner, and Consultant on or before the date identified in the Project Schedule for that submission.
2.4.2Within 10days after receiving the provisional Program Documents, the Consultant shall perform a detailed review of the provisional Program Documents. At the completion of that review, the Consultant shall provide a written “Opinion of Document Characteristics” to the Contracting Authority and send a copy of the Opinion to the A/E.
2.4.3Through that Opinion, the Consultant shall document to the Contracting Authority the Consultant’s opinion of the provisional Program Documents in terms of what the Consultant would reasonably expect to see in program documents on a similar project. The Opinion shall individually address each of the following topics at a minimum:
2.4.3.1clarity of the documents;
2.4.3.2completeness of the documents;
2.4.3.3coordination of the documents;
2.4.3.4constructability of the Work described in the documents to the extent appropriate during the Program Verification Stage;
2.4.3.5whether the Work described in the documents appears consistent with the requirements for Program Verification Stage deliverables in the Design Manual;
2.4.3.6whether the Work described in the documents appears consistent with the Project Schedule; and
2.4.3.7whether the Work described in the documents appears consistent with the Construction Budget.
2.4.4If it is the Consultant’s opinion that the provisional Program Documents do not reflect what the Consultant would reasonably expect to see in program documents on a similar project:
2.4.4.1The Consultant shall also describe and identify in writing specific examples of the deficiencies.
2.4.4.2The Consultant shall immediately meet to discuss the Opinion with the Contracting Authority, Owner, and A/E. The Contracting Authority and Owner will thereafter determine an appropriate course of action, which may include the A/E’s revision and resubmission of the provisional Program Documents and the Consultant’s re-evaluation of them.
2.4.4.3The Consultant shall not proceed with its services under Section2.5 until further notice from the Contracting Authority.
2.5Consultant’s Program Verification Stage Submission
2.5.1Within 14days after completion of the activities described under Section2.4 (except as provided under Section2.4.4.3), and on the basis of the provisional Program Documents and other Contracting Authority-provided information, the Consultant shall prepare the following documents and submit them to the Contracting Authority, Owner, and A/E:
2.5.1.1a preliminary estimate of Construction Cost (“Program Estimate”) using area, volume or similar conceptual estimating techniques;
2.5.1.2a preliminary Construction Progress Schedule (“Program Schedule”) for the Project in accordance with the requirements described under Section7.4 to the extent appropriate during program verification; and
2.5.1.3an updated Staffing Plan.
2.5.2If the Program Estimate exceeds the Construction Budget or varies from the A/E’s program estimate of the Construction Cost by more than 5percent of that estimate, the Contracting Authority may require the Consultant to immediately work with the A/E to develop viable proposals to reconcile the estimates with each other and the Construction Budget. The Consultant will present those proposals as an addendum to its Program Verification Stage Submission.
2.5.3If the Project is administered using the State’s web-based project management software, the Consultant shall create and submit the Consultant’s Program Verification Stage Submission through the “Design Review” business process.
2.6Program Documents Review
2.6.1After the Contracting Authority andOwner have had a reasonable period to review the provisional Program Documents and the Consultant’s Program Verification Stage Submission , the Contracting Authority, Owner, A/E, and Consultant shall meet to discuss the submissions and reach agreement on any Contracting Authority-authorized adjustments to the Project Schedule, Construction Budget, or Project Budget and any necessary clarifications of the provisional Program Documents and the Consultant’s Program Verification Stage Submission.
2.6.2Unless the Contracting Authority agrees otherwise in writing, within 5business days after the review meeting, the A/E and Consultant shall revise their respective Program Verification submissions to reflect the adjustments and clarifications agreed upon in the review meeting, and resubmit those documents to each other, the Owner, and Contracting Authority.
2.6.3When the Contracting Authority and Owner approve the revised Program Verification Stage Submissions and sign the related Design Review Acceptance form, the revised Program Verification Stage Submissions shall become the Approved Program of Requirements.
Article3- Schematic Design Stage
3.1Commencement
3.1.1Unless the Contracting Authority directs otherwise in writing, the Schematic Design Stage will begin upon completion of the activities described under Section2.6.
3.2General Requirements
3.2.1In addition to performing those Services required to comply with Sections3.3and3.4, during the Schematic Design Stage, the Consultant shall:
3.2.1.1advise the Contracting Authority, Owner, and A/E in writing if at any time it appears that the Project Schedule or Construction Budget may be exceeded and make recommendations for corrective action;
3.2.1.2meet with the Contracting Authority, Owner, and A/E at intervals acceptable to the Contracting Authority and Owner, to review drawings and other documents that depict the current status of the Schematic Design Stage of the Project;
3.2.1.3review and provide comments to the A/E’s further evaluation or refinement of the Approved Program of Requirements and the A/E’s development of the Schematic Design Documents;
3.2.1.4update and re-issue the Project Schedule as necessary to keep the Contracting Authority, Owner, and A/E apprised of the schedule’s current status;
3.2.1.5prepare a preliminary analysis of the types and quantities of labor required for the Project;
3.2.1.6make recommendations to the Contracting Authority, Owner, and A/E for actions designed to minimize adverse effects of labor shortages;
3.2.1.7review and provide recommendations concerning Site use and improvements and alternative approaches to selection of materials, building systems, and equipment; and
3.2.1.8provide recommendations on constructability, logistics, availability of materials and labor, time requirements for construction, and factors related to the Design Manual, Project cost, including costs of alternative designs or materials, preliminary budgets, and possible economies of scale; and
3.2.1.9at the request of the Contracting Authority:
.1identify and analyze issues related to compliance with Applicable Law and participate in related meetings with government authorities that have jurisdiction over the Project;
.2review and provide comments to the A/E’s investigationof existing conditions and verify the accuracy of Owner-provided information about existing conditions; and
.3review and provide recommendations to the Contracting Authority concerning the A/E’s Payment Requests.
3.3Review of Provisional Schematic Design Documents
3.3.1The A/E shall submit the provisional Schematic Design Documents to the Contracting Authority, Owner, and Consultant on or before the date identified in the Project Schedule for that submission.
3.3.2Within 10days after receiving the provisional Schematic Design Documents, the Consultant shall review the documents in detail. At the completion of that review, the Consultant shall provide a written “Opinion of Document Characteristics” to the Contracting Authority and Owner, and send a copy of the Opinion to the A/E.
3.3.3Through that Opinion, the Consultant shall document the Consultant’s opinion of the provisional Schematic Design Documents in terms of what the Consultant would reasonably expect to see in schematic design documents on a similar project. The Opinion shall individually address each of the following topics at a minimum:
3.3.3.1clarity of the documents;
3.3.3.2completeness of the documents;
3.3.3.3coordination of the documents;
3.3.3.4constructability of the Work described in the documents to the extent appropriate during schematic design;
3.3.3.5whether the Work described in the documents appears consistent with the requirements for Schematic Design deliverables in the Design Manual;
3.3.3.6whether the Work described in the documents appears consistent with the Project Schedule; and
3.3.3.7whether the Work described in the documents appears consistent with the Construction Budget.
3.3.4If it is the Consultant’s opinion that the provisional Schematic Design Documents do not reflect what the Consultant would reasonably expect to see in schematic design documents on a similar project:
3.3.4.1The Consultant shall also describe and identify in writing specific examples of the deficiencies.
3.3.4.2The Consultant shall immediately meet to discuss the Opinion with the Contracting Authority, Owner, and A/E. The Contracting Authority and Owner will thereafter determine an appropriate course of action, which may include the A/E’s revision and resubmission of the provisional Schematic Design Documents and the Consultant’s re-evaluation of them.
3.3.4.3The Consultant shall not proceed with its services under Section3.4 until further notice from the Owner.
3.4Consultant’s Schematic Design Submission
3.4.1Within 14days after the completion of the activities described under Section3.3 (except as provided under Section3.3.4.3), and on the basis of the provisional Schematic Design Documents and other Owner-provided information, the Consultant shall prepare the following documents and submit them to the Contracting Authority, Owner, and A/E:
3.4.1.1an estimate of the Construction Cost (“Schematic Design Estimate”) using area, volume or similar conceptual estimating techniques;
3.4.1.2a preliminary Construction Progress Schedule (“Schematic Design Schedule”) for the Project, to the extent appropriate during schematic design, that shall identify preliminary manpower requirements by critical trade;
3.4.1.3cost evaluations of alternative materials and systems;
3.4.1.4a schedule analysis of alternative phasing and sequencing; and
3.4.1.5an updated Staffing Plan.
3.4.2If the Schematic Design Estimate exceeds the Construction Budget or varies from the A/E’s schematic design estimate of the Construction Cost by more than 5percent of that estimate, the Contracting Authority may require the Consultant to immediately work with the A/E to develop viable proposals to reconcile the estimates with each other and the Construction Budget. The Consultant will present those proposals as an addendum to its Schematic Design Stage Submission.
3.4.3If the Project is administered using the State’s web-based project management software, the Consultant shall create and submit the Consultant’s Schematic Design Stage Submission through the “Design Review” business process.
3.5Schematic Design Documents Review
3.5.1After the Contracting Authority and Owner have had a reasonable period to review the provisional Schematic Design Documents and the Consultant’s Schematic Design Stage Submission, the Contracting Authority, Owner, A/E, and Consultant shall meet to discuss the submissions and reach agreement on any Owner-authorized adjustments to the Approved Program of Requirements, Project Schedule, or Construction Budget and any necessary clarifications of the provisional Schematic Design Documents and the Consultant’s Schematic Design Stage Submission.
3.5.2Unless the Contracting Authority agrees otherwise in writing, within 5business days after the review meeting, the A/E and Consultant shall revise their respective Schematic Design submissions to reflect the adjustments and clarifications agreed upon in the review meeting, and resubmit those documents to each other, the Owner, and Contracting Authority.
3.5.3When the Contracting Authority and Owner approve the revised Schematic Design Stage Submissions and sign the related Design Review Acceptance form, the revised Schematic Design Stage Submissions shall become the final Schematic Design Documents.