CITY OF BOYNTON BEACH SPECIAL MEETING

Transcription

1 CITY OF BOYNTON BEACH SPECIAL MEETING DATE: Monday, August 21, 2017 PLACE: Libray Program Room, 208 Seacrest Blvd. TIME: 6:00 PM 1. AGENDA ITEMS A. Call to Order - Mayor Steven B. Grant Invocation Pledge of Allegiance to the Flag Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption B. Update Commission on Town Square - Phase I Recap Public input meetings that have taken place - Playground & Architectural Styles; Preliminary Site Plan - Town Square (including Fire Department), Police Department; District Energy Plant C. PROPOSED RESOLUTION NO. R Authorize the Mayor to sign the First Amendment to the Town Square Redevelopment Phase I Services Agreement with E2L Real Estate Solutions, LLC of Winter Park, FL to provide funding for development of plans for a District Energy Plant in an amount not to exceed $307,000 and development of plans for utility infrastructure associated with the project in an amount not to exceed $69, ADJOURN The Board may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk of her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND Page 1 of 21

2 EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F. S ) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Page 2 of 21

3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 1.A. AGENDA ITEMS 8/21/2017 PLANNING AND DEVELOPMENT MEETING DATE: 8/21/2017 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant Invocation Pledge of Allegiance to the Flag Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 3 of 21

4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 1.B. AGENDA ITEMS 8/21/2017 PLANNING AND DEVELOPMENT MEETING DATE: 8/21/2017 REQUESTED ACTION BY COMMISSION: Update Commission on Town Square - Phase I Recap Public input meetings that have taken place - Playground & Architectural Styles; Preliminary Site Plan - Town Square (including Fire Department), Police Department; District Energy Plant EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 4 of 21

5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 1.C. AGENDA ITEMS 8/21/2017 PLANNING AND DEVELOPMENT MEETING DATE: 8/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R Authorize the Mayor to sign the First Amendment to the Town Square Redevelopment Phase I Services Agreement with E2L Real Estate Solutions, LLC of Winter Park, FL to provide funding for development of plans for a District Energy Plant in an amount not to exceed $307,000 and development of plans for utility infrastructure associated with the project in an amount not to exceed $69,000. EXPLANATION OF REQUEST: On June 12, 2017, the Commission approved Resolution R authorizing the Mayor to sign the Town Square Redevelopment Phase I Services Agreement with E2L Real Estate Solutions, LLC of Winter Park, FL. That agreement generally consists of; Services to prepare final plans and specifications for construction of Municipal improvements; Confirming programmatic scope of each component of the municipal improvements; Preparation of guaranteed maximum fixed price for municipal improvements for the City to consider; Financing plan for the project for City to consider; Community outreach. As part of the Initial RFQ the City included that we may want to review and consider a District Energy Plant to serve this development. As Phase I activities have progressed, it was determined by City staff and the Developer that the District Energy Plant was worth including in the Phase I services to get 30% designed and a guaranteed maximum price to build the plant, this cost will not exceed $307,000 and will be paid for the Utility Capital Fund. In addition the City needs development of plans for water, sewer, reuse, and stormwater infrastructure for the project and needs to be completed with Phase I services. The cost for these services will not exceed $69,000 and will paid from the Utility Capital Fund. A separate purchase order will be issued for these additional tasks and be paid during the Phase I contract directly to E2L Real Estate Solutions in accordance with the First Amendment. HOW W ILL THIS AFFECT CITY PROGRAMS OR SERVICES? The first amendment will allow E2L and the City contract with professionals to perform the District Energy Plant Design services and development of plans for water, sewer, reuse, and stormwater infrastructure associated with the Development. FISCAL IMPACT: Budgeted Funds are budgeted and available in the following Utility Capital fund: Page 5 of 21

6 Project W T $307,000 Project UC xxx-xx-xx $ 69,000 ALTERNATIVES: Do not approve first amendment. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Resolution Amendment Attachment Attachment Description Resolution authorizing the First Amendment to the Town Square Redevelopment Phase I Services Agreement First Amendment to Town Square Phase I Services Agreement Central Energy with Infrastructure Support Proposal CEP Phase I Proposal Page 6 of 21

7 RESOLUTION NO. R17- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZE THE MAYOR TO SIGN A FIRST AMENDMENT TO THE TOWN SQUARE REDEVELOPMENT PHASE I SERVICES AGREEMENT WITH E2L REAL ESTATE SOLUTIONS, LLC OF WINTER PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 29, 2017, the City and Company entered into the Town Square Redevelopment Phase 1 Services Agreement ( Agreement ) whereby Company was engaged to provide certain Phase 1 Services as defined in the Agreement with respect to the City s Town Square Development (the Development ); and WHEREAS, the City and the Company desire to enter into this First Amendment to the Agreement in order to provide for the Company to provide additional Phase 1 Services related to the inclusion of a District Energy Plant (the Energy Plant ), and design services for water, sewer, reuse, and stormwater infrastructure associated with the Development ( Utility Infrastructure ) in accordance with the terms set forth herein. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the Mayor to sign a First Amendment to the Town Square Redevelopment Phase I Services Agreement with E2L Real Estate Solutions, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\F D462-47B0-ADDA-3E8488F53033\Boynton Beach Town_Square_First_Amendment_-_Reso.Doc Page 7 of 21

8 29 Section 2: The City Commission of the City of Boynton Beach, Florida does hereby authorize the Mayor to sign a First Amendment to the Town Square Redevelopment Phase I Services Agreement with E2L Real Estate Solutions, LLC, a copy of the First Amendment is attached hereto as Exhibit A. Section 3. This Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED this day of, CITY OF BOYNTON BEACH, FLORIDA Mayor Steven B. Grant Vice Mayor Justin Katz Commissioner Mack McCray Commissioner Christina L. Romelus Commissioner Joe Casello VOTE ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) YES NO C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\F D462-47B0-ADDA-3E8488F53033\Boynton Beach Town_Square_First_Amendment_-_Reso.Doc Page 8 of 21

9 FIRST AMENDMENT TO THE TOWN SQUARE REDEVELOPMENT PHASE 1 SERVICES AGREEMENT THIS FIRST AMENDMENT, dated the day of, 2017, between: CITY OF BOYNTON BEACH, a municipal corporation, with its principal place of business at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33495, hereinafter referred to as "City"; and E2L REAL ESTATE SOLUTIONS, LLC, a Florida limited liability company, with its principal place of business at 1400 W. Fairbanks Ave., Suite 201, Winter Park, Florida 32789, hereinafter referred to as Company WITNESSETH: WHEREAS, on June 29, 2017, the City and Company entered into the Town Square Redevelopment Phase 1 Services Agreement ( Agreement ) whereby Company was engaged to provide certain Phase 1 Services as defined in the Agreement with respect to the City s Town Square Development (the Development ); and WHEREAS, the City and the Company desire to enter into this First Amendment to the Agreement in order to provide for the Company to provide additional Phase 1 Services related to the inclusion of a District Energy Plant (the Energy Plant ), and design services for water, sewer, reuse, and stormwater infrastructure associated with the Development ( Utility Infrastructure ) in accordance with the terms set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants and other good and valuable consideration, the Parties hereto agree as follows: SECTION 1. The foregoing Whereas clauses are hereby ratified as being true and correct, and incorporated herein. SECTION 2. That the term Municipal Improvements as provided for in the Agreement shall be amended to include the District Energy Plant and the water, sewer, reuse, and stormwater infrastructure associated with the Development. SECTION 3. That Section 3.2, Phased Development Services, of Article III, Scope of Phase 1 Services is hereby amended to add Paragraphs 3.2.B(vii) and (viii), which shall state the following: * * * { } Page 1 of 5 Page 9 of 21

10 B. Preliminary Planning and Programming of Phase 1 Services. As a part of the Phase 1 Services, Company agrees to hold workshop sessions with the representatives of the City not less frequently than the times set forth in the Pre-Development Schedule attached hereto as Exhibit B. The Pre- Development Schedule also sets forth the target dates for the other Phase 1 Services. The City agrees to meet with the Company (or, at the Company's direction, the respective members of the Development Team) and to cooperate and assist in the planning and programming of the Development. As part of the Preliminary Planning and Programming Services, the Company shall coordinate or assist with the following: * * * (vii) Development of plans for the District Energy Plant (viii) Development of plans for water, sewer, reuse, and stormwater infrastructure associated with the Development. SECTION 4. That Section 3.3, Fees; Payment of Expenses, of Article III, Scope of Phase 1 Services is hereby amended to add Paragraphs 3.3.E and 3.3F, which shall state the following: * * * E. District Energy Plant Fee. E2L Real Estate Solutions, LLC will perform the District Energy Plant Design Services, for a not to exceed amount of Three Hundred Seven Thousand and 00/100 Dollars ($307,000.00) (the District Energy Plant Fee ). The District Energy Plant Fee will be full compensation for all District Energy Plant Design Services performed by E2L pursuant to this Agreement. The District Energy Plant Fee will be earned and payable, including any third party expenses incurred by E2L for the benefit of the Development, in accordance with the Detailed Fee Schedule for District Energy Plant Services included in Exhibit C, which is attached hereto and incorporated herein by reference. The City will issue payment directly to E2L for work performed for the District Energy Plant Design Services. F. Water, Sewer, Reused Water, and Stormwater Infrastructure Fee. Haskell will perform the Water, Sewer, Reused Water, and Stormwater Infrastructure Design Services ( Utility Infrastructure Design Services ), for a not to exceed amount of Sixty-nine Thousandand 00/100 Dollars ($_69,000.00) (the Utility Infrastructure Fee ). The Utility Infrastructure Fee will be full compensation for all Utility Infrastructure Design Services performed by Haskell pursuant to this Agreement. The Utility Infrastructure Fee will be earned and payable, including any third party expenses incurred by Haskell for the benefit of the Development, in accordance with the Detailed Fee Schedule for Utility Infrastructure Design Services included in Exhibit C, which is attached hereto and incorporated herein by reference. The City { } Page 2 of 5 Page 10 of 21

11 will issue payment directly to E2L for work performed for the Utility Infrastructure Design Services. SECTION 5. That the Pre-Development Schedule, which is attached to the Agreement as Exhibit B, is hereby amended to include the District Energy Plant and the water, sewer, reuse, and stormwater infrastructure improvements to be provided by Company. A copy of the amended Exhibit B to the Agreement is attached to this Amendment, and incorporated herein by reference. SECTION 6. That the Detailed Fee Schedule for Phase 1 Services which is attached to the Agreement as Exhibit C, is hereby amended to include the District Energy Plant and the water, sewer, reuse, and stormwater infrastructure improvements to be provided by Company. A copy of the amended Exhibit C to the Agreement is attached to this Amendment, and incorporated herein by reference. SECTION 7. The Parties agree that in all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. In the event of any conflict between the Agreement and this First Amendment, the terms of this First Amendment shall control. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. { } Page 3 of 5 Page 11 of 21

12 IN WITNESS WHEREOF, the City has caused this First Amendment to be duly executed in its name and behalf and the Company has caused this First Amendment to be duly executed in its name and behalf on the dates set forth below. CITY OF BOYNTON BEACH, FLORIDA ATTEST: BY: STEVEN B. GRANT, MAYOR BY: Date:, 2017 Judith Pyle, CMC City Clerk (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY James A. Cherof City Attorney { } Page 4 of 5 Page 12 of 21

13 E2L REAL ESTATE SOLUTIONS, LLC By Name Its Date: { } Page 5 of 5 Page 13 of 21

14 REAL ESTATE SOL UTIONS, LLC August 12, 2017 Colin Groff, P.E. Assistant City Manager Public Services City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, Florida Ref: Boynton Beach Town Square Central Energy Plant Dear Colin, As requested, we have reviewed the Sims Wilkerson Cartier Engineering, Inc. reports dated July 6, 2017 and subsequent Final report dated July 26 th for the proposed Chilled Water District Concept Analysis for City of Boynton Beach, Florida Town Square Redevelopment project. In consideration of your July 19, 2017 and July 26, 2017 requests we are submitting this proposal to complete the proposed central energy plant design build efforts in concert with our Phase I services agreement of June 20, The total costs for the Design and Preconstruction services are Three Hundred and Seven Thousand Dollars ($307,000.00) including E2L Real Estate Solutions, LLC management services. The scope for these services is included as an attachment and can be added to the current contract by amendment. We believe as discussed, that the Central Energy Plant will be cost effective and lower long-term costs for both the public and private buildings along with lowering the initial capital costs of the facilities. We understand that we will need to continue discussing the availability of chilled water with E2L, JMK Development and the Developer for the Villages to confirm costs and the economics of the utility work for the private development to support a variety of customers. Financing support for the new Utility District bonding structure will be provided in Page 14 of 21

15 conjunction with the overall Town Square project. We understand that a separate purchase order will be generated and used to fund completion of this work by the Boynton Beach Utility Department and we will follow the same contractual guidelines that are already in place under our current contract with the City of Boynton Beach. Also, based on the City s request to directly pay for utility infrastructure work, E2L is requesting $69,000 for Infrastructure phase I services which where previously included in the contract for Phase I in the Kimley Horn Phase I Utility design scope of services. Please confirm your acceptance of this proposal via or issuance of purchase order so we may commence design efforts immediately as they are critical to the overall Phase I services. We look forward to completing these services in conjunction with the Phase I deliverables for yours and City Council approval in November of this year. Sincerely, Mark Hefferin President E2L Real Estate Solutions, LLC 1400 West Fairbanks Road. Suite 201. Winter Park, Florida Page 15 of 21

16 Mr. Mark Hefferin E2L Real Estate Solutions, LLC 1400 W. Fairbanks Ave., Suite 201 Winter Park, Florida Dear Mr. Hefferin: We are pleased to present this design-build Phase I services letter to E2L Real Estate Solutions, LLC (the Developer ) for programming, master planning, architectural, engineering, pre-construction services and Guaranteed Maximum Price proposal development for the proposed Central Energy Plant portion of the Boynton Beach Redevelopment project being undertaken by the City of Boynton Beach, Florida (the City ). Baker Barrios will be the projects urban designer and landscape architect, Kimley Horn will be civil engineer and Haskell will provide electrical engineer services. This scope of work will include finalizing the master plan, workshops on the public parks, public art program, coordination with vertical development parcels, utilities design, hardscape and landscape design. The project budget range is $5-$10 million and will be phased with portions to open as early as Fall of 2018 for public use. This letter sets forth our approach and fees associated with the services to proceed with design development and deliver a Guaranteed Maximum Price Proposal (GMP) process. The design and GMP development services are broken down into three phases. PHASE I PRELIMINARY DESIGN-BUILD SERVICES This phase, which has two sub-components, is performed in advance of the Design-Build GMP Proposal. Phase I-A Advanced Schematic Design (30%) Phase I-B GMP Development PHASE I-A ADVANCED SCHEMATIC DESIGN DOCUMENTS (30%) This phase includes the services necessary to develop the Schematic Design to include City review comments. The work of this sub-phase includes the following: Task 1: Advanced Schematic Design Documents 1) Work with the City and master site development team to locate and configure the site for a new central energy plant. Page 16 of 21

17 2) Engineering Schematic Design Drawings Completed (Erosion Control / Paving, Grading, and Drainage / Utilities / Chilled/Hot Water and Power Lines / Phasing Plans / Details / Notes) 3) Review with the City alternative approaches to design and construction of the central energy plant and associated site distribution piping. 4) Based on the mutually agreed-upon program, schedule and construction budget requirements, prepare, for approval by the City, Advanced Schematic Design documents consisting of drawings, narrative and other documents illustrating the scale and relationship of Project components 5) 30% Engineering Drawings Completed (Erosion Control / Paving, Grading, and Drainage / Utilities / Chilled/Hot Water and Power Lines / Phasing Plans / Details / Notes) 6) Prepare a written outline specification and scope of work narrative 7) Value engineering, constructability and risk analysis 8) Initiate Prequalification process for subcontractors, vendors and material suppliers. 9) Provide a budget with component detail 10) Provide a critical path schedule to include design, permitting, procurement and construction logic 11) Review geotechnical findings and obtain recommendations on foundations and on-site pavement sections 12) Identify all permitting requirements and facilitate pre-submittal meetings with city of Boynton Beach building department 13) Identify utilities and coordinate with Infrastructure team for utility connections within 5 of building (Power, Water and Sewer) 14) 75% Engineering Drawings Completed (Erosion Control / Paving, Grading, and Drainage / Utilities / Chilled/Hot Water and Power Lines / Phasing Plans / Details / Notes) 15) Obtain and review the existing survey information available 16) Coordinate with Developer and design team developing site master plan 17) Conduct one (1) schematic design review meeting with City 18) Incorporate all team and owner comments into final concept design Deliverables 1) Outline specifications and basis of design narrative to include system and material narrative description 2) List of applicable building codes on drawing title sheet 3) List of anticipated building code variance requests 4) Architectural site plan, building exterior envelope elevations, building cross section, roof layout and energy code requirements, building interior floor plans and graphics as necessary to clearly present the concept 5) Civil design included 6) Schematic Landscape drawings to assist with the GMP Development 7) Structural pricing plan to include scheme and written description 8) HVAC and process piping pricing plan to identify all systems, one line flow diagrams, equipment locations, air intake and discharge locations, mechanical legend, energy code requirements Page 17 of 21

18 9) Fire protection to include confirm adequacy of utility, identify connection location. 10) Electrical, includes one-line diagrams, electric vault location, equipment location, electrical legend, written narrative for equipment and fixtures. 11) Communications (voice, data, video and A&V), pricing plan to show locations, closet location and size 12) Geotechnical Report 13) Preliminary Cost Estimate Schedule The work described in Phase I-A will be completed within approximately seven (7) weeks from notice to proceed. Clarifications Submittal of documentation for DD & CD phases is not included and will need to be addressed as supplemental services. PHASE I-B GMP DEVELOPMENT This phase includes the services necessary to develop a Guaranteed Maximum Price (GMP) Proposal and Contract to include City and Developer review comments. Haskell will proceed with this phase of the work upon completion of Phase I-B. More specifically, the work of this sub-phase includes the following: Task 2: Development of Guaranteed Maximum Price Proposal 1) Finalize City and Developer comments from schematic workshop into an addendum 2) Finalize subcontractor/vendor bid packages in accordance with Local and Small Business plan for advertisement and solicitation of proposals 3) Advertise Bid Packages, 4) Receive, analyze, and provide bid tabulations including recommendation of subcontract awards, 5) Finalize project construction schedule 6) Present Guaranteed Maximum Price Contract, DBIA Form 530 to include schedule, detailed estimate, bid tabulations, clarifications and assumptions, list of allowances and contingency detail. Deliverables 1) Guaranteed Maximum Price Contract, DBIA Form 530 2) Schematic Design Documents developed in Phase I-B. 3) Clarifications and assumptions 4) List of allowance and contingencies 5) GMP Book with detail estimate, bid tabulations and project schedule Page 18 of 21

19 Schedule The work described in Phase I-B will be completed within approximately eight (8) weeks from the date of completion of phase I-A and Notice to Proceed. All work will be based on the plan that the City and Developer have reviewed in the Conceptual Phase (Phase I-A). Clarification Phase I services do not include, platting, zoning, land acquisition or securing entitlements. Permit and permit related costs excluded. Design Team DD& CD Documentation, Permitting, Bidding, and Construction Administration services are also not included. Traffic studies excluded. Acoustic Engineering consultants are not included. Photorealistic renderings are not included. Reimbursable budgets for survey and geotechnical engineering are included and to be coordinated by Haskell. A reimbursable budget for travel and misc. costs to support the Phase I deliverables is also included. Phase I-A Task 1A: Coordination of site utility development Task 1B: Concept Development and siting Task 1C: Advanced Schematic Design documentation Task 1D: Constructability Review and Risk Analysis Phase I-B Task 2A: Prepare and Issue GMP Packages Task 2B: Respond to RFI s Task 2C: Evaluate GMP and Contractor Scopes Task 2D: GMP Proposal Page 19 of 21

20 DEVELOPER OPTION TO TERMINATE AGREEMENT The Developer (either on its own or at the direction of the City) shall have the right to terminate this Agreement for convenience. In the event that the Developer exercises its rights to terminate this Agreement, the Developer shall notify Haskell in writing. Then Haskell, upon receipt of Developer s notice to terminate this Agreement, shall stop Work and tabulate all costs to date and the Developer shall pay Haskell for those services within 30 days of Haskell s invoice submittal. The Developer shall not be liable for services in excess of the total amount stated in the Fees Section above. IN THE EVENT THE DEVELOPER ELECTS NOT TO PROCEED WITH A DESIGN- BUILD CONTRACT (PHASES TWO AND THREE) Should the Developer not proceed with the Haskell for completion of design and construction of the project, and Developer notifies Haskell of same, Haskell shall provide Developer with five sets of printed and electronic copies of the Phase One work product deliverables. Further, the Developer shall have rights to use the documents subject to the following: 1.) Satisfactory payment to Haskell for Phase One services, and 2.) Developer s indemnification of Haskell and its sub-consultants for Developer s use of the documents, and 3.) Developer s delivery of a letter to Haskell acknowledging that use of the documents is subject to the statutes and provisions of professional practice of Architecture and Engineering, and 4.) Haskell and its sub-consultants shall have no further responsibility or liability for Developer s or any subsequent Haskell s use of the cost, schedule or design information provided by Haskell. Upon completion of the Phase One services, delivery of work product documents, and payment for services as described in the Fees section above, this agreement shall be considered completed. If the Developer should elect to proceed with the completion of design and the construction of the Project, Developer and Haskell shall proceed with negotiation of a designbuild contract. Schedule A specific schedule for the project will be provided with the Phase I-C GMP Contract. Financial Obligations The cost for the Construction Phase of the Work will be presented as part of the Phase I-C GMP Contract and will include all fees for Phase Two Design Services for Construction Documents and services during Construction and Phase Three Construction Management, Insurances and Design-Builder Fees. If this design-build proposal meets with your approval, please indicate your acceptance by signing below. Please retain one copy and return one signed copy to us for our files. Thank you for the opportunity to be of service. We are looking forward to working with you. Page 20 of 21

21 PHASE II DESIGN SUPPORT AND RECEIPT OF PERMITS Services This Phase includes the Design services necessary to complete the documents in order to support procurement and receipt of permits. Services to be provided include final architecture and landscape architecture, civil engineering, structural engineering, mechanical engineering, and electrical engineering. All submittal of civil permits to appropriate regulatory agencies. Also included in this phase of the work is the review of submittals, requests for information, issuance of field orders, meeting minutes and participation in pre-construction meetings and inspections. Fee The fee for this phase of work will be included in the GMP design-build contract amount. PHASE III CONSTRUCTION AND CONSTRUCTION ADMINISTRATION Services Services under this phase of the work include the following items: Construction in compliance with the applicable codes and standards Subcontracting and subcontractor management Scheduling Quality Assurance Construction Administration, Shop Drawing Review, etc. Obtaining a Certificate of Occupancy Record Drawings and all other required close-out documents. Fee The fee for this phase of work will be included in the GMP design-build contract amount. Page 21 of 21