Attachment B
Part A
Agreement between the Owner
and the Design Professional
Part A of two parts
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION
Project Name: Central New Mexico Community College
Contract No: P0_______
Project No: ________
(Enter Project Name)
Location:CNM ________ Campus
_______ Building
(Address)
Albuquerque, NM 87106
Distribution To:
CNM Purchasing Department (original)
Design Professional (original)
CNM Accounts Payable Department (copy)
CNM Facilities Project Manager (copy)
Vice President for Finance and Operations (copy)
Other ____________________
This Agreement entered into this ___ day of _________, 20___,
by and between
CENTRAL NEW MEXICO
COMMUNITY COLLEGE
525 BUENA VISTA SE
ALBUQUERQUE, NM 87106
Telephone: (505) 224-4546
Fax: (505) 224-4548
hereinafter "Owner"; and
(NAME OF FIRM)
(ADDRESS 1)
(ADDRESS 2)
(CITY/TOWN), NM (ZIP CODE)
Telephone: 505- (PHONE)
Fax: 505- (FAX NUMBER)
Federal ID: ___________________
CRS Number: _________________
hereinafter "Design Professional"
OTHER:
Professional and technical services shall be provided by the Design Professional, through the Project Design
Professional, (FILL IN NAME OF DESIGN PROFESSIONAL HERE), whose New Mexico Design Professional's seal
and certificate number is (FILL IN DESIGN PROFESSIONAL’S LICENSE CERTIFICATE NUMBER HERE). The
Owner’s Contractual Representative for contract administration shall be its Director for Purchasing and the Vice
President for Finance and Operations.
Owner’s Representative for Management and oversight of the Project is its Facilities Project Manager and its
Executive Director for Facilities.
PROJECT DESCRIPTION:
(Enter Brief Description of Project)
Page 1 of 39
PAYMENT SCHEDULE
PART A OF AGREEMENT, PAGES 2 & 3 0F 5
Design Professional represents and agrees that the Design Professional’s compensation for Basic Services
is fixed at ____% of the project based upon the project description and the based upon Owner’s available
budget at the time of this agreement minus the fixed fee paid for the Programming Phase.
The parties agree that the fixed fee for the Program Phase of the project is $ _______________, consisting
of the program statement as noted in contract documents of the Design Professional Agreement, Part B.
Programming Fixed Fee
Schematic Phase 15%
Design Development Phase 20%
Construction Documents Phase 20%
Bidding Phase 4%
Construction Phase 25%
Record Documentation Phase 15%
Post Construction Phase 1%
TOTAL Fixed Compensation (100%) less the Fixed
Programming Fee
$ 1.00
$
$
$
$
$
$
$
1.00
1.00
1.00
1.00
1.00
1.00
1.00
$ 8.00
Compensation is typically based upon the negotiated percentage rate for the project’s MACC.
Additional Services are not to exceed proposals as follows:
Interior furniture fixtures and Equipment
LEED Administration
Specialty Consultant
COMPENSATION FOR ADDITIONAL PROFESSIONAL SERVICES:
Registered Design Professional Principal, fixed hourly rate
Registered Project Design Professional, fixed hourly rate
Design Professional’s Project Representative, fixed hourly rate
COLUMN “B”
$ 1.00
$ 1.00
$ 1.00
COMPENSATION FOR SPECIFIC TYPE HOURLY EMPLOYEE:
Compensation indicated in Column “B” below may include a multiplier not exceeding 2.5 times direct salary in
accordance with Article 13.
COLUMN “B”
Design Principal
Design/Specification Writer, direct hourly rate ($______) x ___ multiplier =
Drafting/CADD Operator, direct hourly rate ( $
) x ____multiplier =
Clerical, direct hourly rate: ($
) x ____ multiplier =
Construction Inspector, direct hourly rate: ($
) x _____ multiplier =
$ 1.00
$ 1.00
$ 1.00
$ 1.00
Page 2 of 39
Reimbursable Expenditures shall be at actual cost plus an administrative fee not to exceed 10%.
Reimbursable Services may be requested by the Owner per the contract documents.
Geotechnical Services
Asbestos Services
Traffic studies
Special Testing Service
Structural Investigations
Commissioning Agent
Test and Balance
Drainage study
Special inspection
Change Order Compensation:
The Design Professional is obligated under the Basic Services section to prepare the details of and to
administer all change orders. If the proposed change is initiated by the Owner, results from field
conditions, regulatory or other reasons which are not caused by the Design Professional’s error or
omission or oversight in their design and duties, the Design Professional shall be compensated for its
effort in preparing, designing and administering change orders at the rate of ___% (equal to the %
compensation of the Basic Services) if the actual construction cost of the change order if approved by
Owner. If the proposed change results from the Design Professional’s oversight, the Design
Professional’s services working on the change order shall constitute part of the Basic Services at the
Design Professional’s own expense.
Reference attached Exhibit 1 for Form Sample of Design Professional’s Statement for Services
Page 3 of 39
CONDITIONS OR SERVICES
PART A OF AGREEMENT, PAGE 4 0F 5
GENERAL CONDITIONS TO THE
AGREEMENT BETWEEN OWNER AND DESIGN PROFESSIONAL
PART B TO THIS AGREEMENT IS
FULLY AND INSEPERABLY A PART OF THIS AGREEMENT
OTHER CONDITIONS OR SERVICES
1. Furnishings. (If not used, please remove) (If furnishings are in MACC, then expectation for services must be
included here).
2. Reimbursables. Not to Exceed Allowance with a summary breakdown of expectation included here or as separate
attachment.
3. Additional Services. Not to Exceed Allowance with a summary breakdown of expectation included here or as
separate attachment.
4. Life Cycle Cost Analysis (LCCA). (Include proposed cost of more extensive LCCA services requested by
Owner and exceeding those necessary to provide the basic LCCA described in contract.)
5. ENERGY STAR (If not used, please remove) The Project shall be designed to qualify for the Environmental
Protection Agency’s (EPA) ENERGY STAR®. The ENERGY STAR special application graphic, which denotes on
the final Drawings that the estimated energy use is intended to be in the top 25% as compared to the U.S. building
stock, shall be applied. Once the Project is complete and operating for at least one year, it shall qualify to receive the
ENERGY STAR plaque in accordance with the rules and procedures of the ENERGY STAR program. See Part B
of the standard Agreement between Owner and the Design Professional for more detailed contract requirements.
6. LEED: The Project shall be designed to meet at a minimum LEED Silver Certification, including all
documentation, air quality tests, and studies as required ensuring the building project is LEED Silver
Certified. Registration and commissioning services are to be included in the project. Fundamental and
Enhanced commissioning design is considered to be part of Basic Services. The services of a
commissioning agent will be considered Reimbursable Services or contracted separately as well as
registration, certification, and any applicable fees. Administrative services such as modeling and
documentation shall either be considered Reimbursable or Additional Services.
END OF OTHER CONDITIONS OR SERVICES
Page 4 of 39
PROFESSIONAL SERVICES AGREEMENT SIGNATURE PAGE
and
Continuation of Other Conditions and Services (if required)
PART A OF AGREEMENT, PAGE 5 0F 5
Contract No.: Purchase Order Number P0______________
Project No.: ______________
IN WITNESS WHEREOF, the parties below have executed this Agreement as of the date of signature by Central
New Mexico Community College (Owner)
DESIGN PROFESSIONAL:
By: _________________________________ Date: _________
Principal
OWNER:
By: _________________________________ Date: _________
Wanda Helms
Director of Purchasing and Materials Management
OWNER:
By: _________________________________ Date: _________
Katherine Ulibarri
Vice President for Finance and Operations
Page 5 of 39