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HomeMy WebLinkAboutCC Resolution 11487 (Pickleweed CC Renovations)RESOLUTION NO. 11487 A RESOLUTION ACCEPTING A PROPOSAL FROM GROUP 4 ARCHITECTURE, RESEARCH + PLANNING INC. FOR PROFESSIONAL SERVICES IN THE PREPARATION OF CONTRACT DOCUMENTS AND CONSTRUCTION MANAGEMENT FOR THE PICKLEWEED COMMUNITY CENTER RENOVATION, LIBRARY AND GYMNASIUM IN THE AMOUNT OF $804,120 PLUS 5% CONTINGENCIES, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT. WHEREAS, the City requires professional services to prepare the contract documents for the renovation of the Pickleweed Community Center, including a library and gymnasium; and WHEREAS, the city previously went through a consultant selection process to obtain the best qualified consultant for the conceptual design of the project; and WHEREAS, the Architectural firm of Group 4 Architecture, Research + Planning Inc. was selected as the best qualified; and WHEREAS, City staff found the conceptual design produced by Group 4 Architecture, Research + Planning Inc. to be of sufficient quality to have them prepare the contract documents; and WHEREAS, Group 4 Architecture, Research + Planning Inc. have submitted a Proposal to provide such services for an amount of $804,120; and WHEREAS, staff have reviewed the proposal from Group 4 Architecture, Research + Planning Inc. and found it to be within industry standards and acceptable; ORIGINAL �,� NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Proposal by Group 4 Architecture, Research + Planning Inc. is accepted in the amount of $804,120 plus 5% contingencies; and RESOLVED, FURTHER, that the Council does hereby authorize the Mayor to execute the Agreement for Professional Services in a form approved by the city attorney's office. BE IT FURTHER RESOLVED that the Director of Public Works of the City of San Rafael is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, JEANNE -M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 201h day of January, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Vice -Mayor Miller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro JEAI E Vii. LEONCINI, City Clerk File No.: 06.01.146 G R O U P 4 7 January 2004 RECEIV =D 2 0 cl-TY OF AN`RAF E ARCH ITECTU RE Andy Preston, Director R E S E A R C H + CITY OF SAN RAFAEL PLANNING, INC Public Works Department W A Y N E G E H R K E 111 Morphew Street A R C H T E C T San Rafael, California 94901 301 LINDEN AVENUE experience as well because we have to spend additional effort analyzing the existing JAMES P. D I E R K E 5 Re: Professional Services for Pickleweed Park Community Center and Library SO. SAN FRANCISCO of this effort is required without a commensurate construction value. Also our C A 9 4 0 8 0 U S A Dear Mr. Preston: T:650-871 •0709 Following our meeting on the 30`h of December 2003, we revised our proposal based upon the directions we received from the City. We have reduced the Scope of Basic F : 6 5 0.8 7 1 . 7 91 1 Services to reflect the changes in Basic Services requested. We have also made DAWN E. M E R K E 5 corresponding reductions to the fees. We have also increased the Basic Services, and A R C H I T E C T the corresponding fees, in response to your request that we add services in several areas. We have revised the attached Exhibit A Scope of Services (we have added a City's Responsibilities section and done some format changes), the Fee Summary, and the Recommended Project Budget. We have also included an Exhibit B Compensation, using the format of our current Seismic, Modernization and Deferred Maintenance Study contract. Reductions have been made to the fees. We have reduced our fees in accordance with your directions, we have asked all of our major consultants to reduce their fees, and, in several instances, both Group 4 and our consultants have made further good faith reductions without a corresponding scope of services reduction. Although substantial reductions have been made to our fees, we could not reduce them D A V I D 5 C H N E E A R C. 14, I T E C T g:\00293 sr pickleweed comm ctr\00293-02\I-letters\121 clt\.21 ap02.doc to meet your desired fee goals. We feel that the resultant fee, at 14% of the construction cost, is very much in keeping with similar complex remodeling and expansion projects for public clients. We have heard repeatedly from our W A Y N E G E H R K E subconsultants that substantially more effort is required per dollar of construction cost A R C H T E C T for remodeling projects as compared to new construction. This has been our experience as well because we have to spend additional effort analyzing the existing JAMES P. D I E R K E 5 construction and, then have to design the interface between the old and the new. Much A R C H I T E of this effort is required without a commensurate construction value. Also our experience has been that as the construction proceeds, hidden conditions are DAVID M. 5 T U R G E 5 discovered, more effort on our part is needed to keep the project moving forward within the budget and scheduled. Additionally, the level of participation required by A R : H 7 E �! r the project with the committees and commission meetings and presentations require an DAWN E. M E R K E 5 added level of effort. A R C H I T E C T D A V I D 5 C H N E E A R C. 14, I T E C T g:\00293 sr pickleweed comm ctr\00293-02\I-letters\121 clt\.21 ap02.doc 7 January 2004 Andy Preston, Director Page 2 The principal changes to the scope can be summarized as follows: Scope Reductions State Submittals — Eliminated 4 PMT meetings Schematic Design Phase Reduced alternative designs to 1 and eliminate meetings with City agencies and utility companies. Construction Documents Phase Delete final presentation to the City Council, and delete our responsibility to assist the City with its responsibilities to file documents for governmental approval. Furniture Selection Phase Eliminate all services from Basic Services. Scope Additions Schematic Design Add topographic surveying services. Construction Administration Add 14 site visits. I will be out of the office until Friday January 15"'. Dawn Merkes has worked with me on our proposal and is available to answer questions about our revised proposal. Finally, please be aware that our offices have moved to 211 Linden Street, South San Francisco, CA 94080. All other contact information remains the same. Thank you for your help so far. Jaimi, Dawn and I are looking forward to working with you and your staff, along with the Library and Community Services Department on this important project. Sincerely, GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. Wayne Gehrke AIA Principal WG/mm Enclosure(s) xc: 00293-02 ff EXHIBIT A SCOPE OF WORK 1.0 THE PROJECT 1.1 GENERAL This contract is for the architectural design of an expansion and limited renovation of the existing Pickleweed Community Center and Library located on Canal Street in San Rafael, California. The design shall be based on Scheme 1a dated June 11, 2001 prepared by the Consultant. The modifications to the existing community center and library building shall conform to the current building code but the entire existing building will not be upgraded to meet current codes except with respect to accessibility. The project consists of an addition of approximately 11, 530 square feet to the existing community center and library. The addition will contain a new gymnasium, locker rooms, storage, janitor's room, foyer, teen center, cafe and lounge, 2 staff offices, a new reception area and lobby. The addition will have a new automatic fire suppression system that will be served by a separate new fire main. The new construction will be designed in accordance with current building codes. The City acknowledges that the Consultant's investigation of the existing building condition is limited and that portions of the work may not be discovered until construction is underway. Such changes may be addressed, as Additional Services, through change orders or supplemental instructions. 1.2 THE PROJECT WILL INCL UDE THE FOLLOWING: 1. New library in the western portion of the building. 2. New librarian's office. 3. New computer lab. 4. New homework center. 5. Conversion of the present teen center to an art classroom. 6. Replacement of the low -sloped roof at the present multi-purpose room, and the present activity rooms. 7. Replacement of the high -sloped roof at various locations. 8. Replacement of the soffit at the west portion of the building. 9. Replacement of the exterior wall sheathing. 10. Replacements of a portion of the existing deck. 11. Replacement of the deck railing. 12. Replacement of exterior windows. 13. A modification or replacement to the existing doors. 14. Replacement of the damaged portions of the existing ceiling. 15. Replacement of existing rooftop mechanical units as needed. 16. Minor modifications, but not replacement, of existing interior ductwork. 1.3 FOLLOWING WORK IS NOT PART OF THE PROJECT.• 1. Sound system. 2. Closed circuit TV wiring. 3. Security system (This will be specified and purchased `design- build' by the City from ADP or another vender). 4. Emergency power system. 5. New air conditioning unit for the existing multi-purpose room. 6. New outdoor basketball court. 7. Modifications to the existing day care center adjacent to the site. GA00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 1 8. Remodeling of the existing kitchen except for the replacement of existing grease fan and the addition of a new make-up air fan. 9. Expansion to the existing stage in the multi-purpose room. 10. Emergency power. 1.4 CONSTRUCTION WORK. Construction work will be bid as one bid package and built in one phase. 2.0 BASIC SERVICES 2.1 GENERAL The Consultant's Basic Services shall include normal architectural services and other services where specifically indicated in Paragraphs 2.2 through 2.8.6. 2.2 STATE SUBMITTALS 2.2.1 The Consultant shall prepare four submittals to the State required by the State Office of Library Construction consisting of the following: 2.2.1.1 The Consultant shall prepare written responses and drawing revisions as required to the Office of Library Construction review comments. 2.2.1.2 The Consultant shall prepare a submittal for the Office of Library Construction consistent with their submittal requirements. 2.2.1.2.1 The Consultant shall prepare specific exhibits for the Office of Library Construction submittal such as tabulation tables for assignable squire footage, collections, technology, and seating. 2.2.2 Required Submittals 2.2.2.1 Schematic Design 2.2.2.2 Design Development 2.2.2.3 Construction Documents 2.2.2.4 Final Construction Documents Meetings: No Meetings 2.3 SCHEMATIC DESIGN PHASE 2.3.1 The Consultant shall prepare a project directory and detailed schedule for review at the initial Project Management Team (PMT) meeting. At the PMT meeting, project goals and objectives shall be confirmed for the building exterior and site. 2.3.1 The Consultant shall conduct a workshop with the PMT and community center and library staff to review the project scope and budget, and to discuss design approaches. 2.3.2 The Consultant shall prepare a Topographic Map of the existing area of the new addition. The Map limits will be rectangular, approximately 30 -feet from the proposed building as shown on Scheme 1 a on the north, east, and west side and to the center of the parking aisle parallel to Canal Street on the south side. It will depict existing land features and the edge of the existing building. This Map will be used as a base for our design drawing. It will also include the new parking areas. 2.3.3 The Consultant shall prepare a site and building analysis drawing and other exhibits for the first Design Review Board (DRB) meeting. 2.3.4 The Consultant shall present the project to the first DRB meeting 2.3.5 The Consultant shall conduct a PMT meeting to review the first DRB meeting. 2.3.6 Based on direction from the PMT, the consultant will develop up to one exterior design approach for the building exterior and site, and will propose criteria for evaluating the alternative. GA00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 2 2.3.7 The Consultant shall present the design alternative to the Pickleweed Advisory Committee. 2.3.8 The Consultant shall present the design alternative to the DRB at the second DRB meeting. 2.3.9 The Consultant shall review project requirements with applicable agencies: Building and Planning officials, Fire Marshal, and other applicable agencies. 2.3.10 Based on direction from the PMT, the Consultant shall prepare schematic design documents consisting of schematic site plan with landscaping, grading plan, floor plan, roof plan, exterior elevations, and perspective rendering drawings, updated statement of probable construction cost, and color and materials board for final submission to the DRB. 2.3.11 The Consultant shall present the schematic design at the final presentation to the DRB. 2.3.12 The Consultant shall prepare the final schematic design documents consisting of drawings and other documents illustrating the scale and relationship of the Project components. 2.3.13 The Consultant shall prepare update the statement of probable construction cost to reflect the final schematic design. 2.3.14 The Consultant shall prepare exhibits for a presentation to the Planning Commission. 2.3.15 The Consultant shall present the Schematic Design to the Planning Commission. Meetings: Three PMT meetings; One workshop with community center and library staff; 77iree presentations to the DRB; One meeting with the Pickleweed Advisory Committee; and one presentation to the Planning Commission. 2.4 DESIGN DEVELOPMENT PHASE SERVICES 2.4.1 The Consultant shall update schedule and meet with Project Management Team to review Progress and Design Development work plan. 2.4.2 The Consultant shall prepare, for approval by the City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.3 The Consultant shall develop an interior design concept including structural, mechanical, electrical, lighting design, and finishes. 2.4.4 The Consultant shall prepare Outline Specifications. 2.4.5 The Consultant shall advise the City of any adjustments to the Schematic Design Statement of Construction Cost. 2.4.6 The Consultant shall attend the meetings identified below. Meetings: Four meetings with the PMT. 2.5 CONSTRUCTION DOCUMENTS PHASE AND FINAL CITY PLAN CHECK 2.5.1 The Consultant shall meet with Project Management Team (PMT) to review Progress and Construction Documents work plan. 2.5.2 The Consultant shall incorporate comments from City's review of the Design Development phase comments into the Construction Documents. 2.5.3 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the Project budget authorized by the City, the Consultant shall prepare, for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. There will be three major milestone submittals as part of this phase: 60% and 90% Construction Documents, one each followed by a PMT review, from which the Consultant will receive written direction to continue, and a final Plan Check submittal. G:\00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 3 2.5.4 60% Construction Documents 2.5.4.1 The Consultant shall update project controls. 2.5.4.2 The Consultant shall begin technical specifications. 2.5.4.3 The Consultant shall refine plans, sections. 2.5.4.4 The Consultant shall develop schedule and details. 2.5.4.5 The Consultant shall update cost estimate. 2.5.4.6 The Consultant shall coordinate consultant work. 2.5.4.7 The Consultant shall conduct document quality control review. 2.5.4.8 The Consultant shall distribute 60% Construction Documents submittal. 2.5.5 90% Construction Documents 2.5.5.1 The Consultant shall distribute 60% City -review comments to project team and respond to City -review comments. 2.5.5.2 The Consultant shall update project controls. 2.5.5.3 The Consultant shall complete technical specifications. 2.5.5.4 The Consultant shall update interior finishes, schedules, and details. 2.5.5.5 The Consultant shall prepare floor plans, equipment, and details. 2.5.5.6 The Consultant shall update cost estimate. 2.5.5.7 The Consultant shall coordinate consultants and conduct a quality control review. 2.5.5.8 The Consultant shall distribute 90% Construction Documents submittal. 2.5.6 Final Construction Documents 2.5.6.1 The Consultant shall distribute City -review comments to project team and respond to City -review comments. 2.5.6.2 The Consultant shall update project controls 2.5.6.3 The Consultant shall revise documents per review comments. 2.5.6.4 The Consultant shall submit for plan check review. 2.5.6.5 The Consultant shall revise documents per plan check comments. 2.5.6.6 The Consultant shall submit for City backcheck. 2.5.7 The Consultant shall assist the City by preparing Technical Specifications and reviewing City -prepared Bidding Documents and contract forms. 2.5.8 The Consultant shall advise the City of any adjustment to previous Statements of Probable Construction Costs indicated by changes in requirements or general market conditions. Meetings: Five Meetings with PMT 2.6 BIDDING PHASE 2.6.1 The Consultant, following the City's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, will assist the City in obtaining bids and assist in awarding and preparing contracts for construction. 2.6.2 The Consultant shall attend a pre-bid conference, and will issue Addenda to clarify known bidders' questions. 2.7 CONSTR UCTIONADMINISTRATION PHASE 2.7.1 The Consultant's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the "Notice to Proceed" (NTP) of the Contract for Construction and terminates at the earlier of the date of issuance of the Certificate of Substantial Completion of the Work, as defined in the construction documents, or Contract Construction Period from the NTP. 2.7.2 The Consultant shall assist the City in providing Administration of the Contract for Construction. GA00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 4 2.7.3 The Consultant shall attend the pre -construction conference. 2.7.4 The Consultant shall visit the site 40 times, approximately bi-weekly, or at intervals appropriate to the stage of construction as agreed by the City and Consultant to attend Project meetings and to become generally familiar with the progress and quality of the work completed and to determine, in general, if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. However, the Consultant shall not be required to make exhaustive continuous on-site inspections to check the quality or quantity of the work. On the basis of on-site observations as a Consultant, and through information provided to the Consultant by the City's representative, the Consultant shall keep the City informed of the progress and quality of the work, and shall guard the City against defects and deficiencies in the work. 2.7.5 The Consultant shall review Contractor's submittals, including Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness so as to cause no delay in the work, while allowing sufficient time in the Consultant's judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Consultant's review shall not constitute review of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences or procedures. The Consultant's review of a specific item shall not indicated approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Consultant shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. The City -Contractor Agreement shall contain language equal to the above. 2.7.6 The Consultant shall respond to Contractor's Requests For Information (RFI). Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Consultant shall secure faithful performance by both City and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.7.7 The Consultant shall not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the work, since these are solely the Contractor's responsibility under the Contract for Construction. The Consultant will not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents. The Consultant will not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.7.8 The Consultant shall at all times have access to the work wherever and whenever it is in preparation or progress. 2.8 PROJECT CLOSE-OUTPHASE 2.8.1 Upon request by contractor and in accordance with contract specifications, for Substantial Completion and later Final Completion, Consultant shall conduct reviews to assist City in G:\00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 5 determining if the Project is ready for the stage of completion requested by the contractor. Consultant shall provide City with a written recommendation for determining the date or dates of Substantial Completion and the date of Final Completion. The Consultant shall receive and forward to the City for the City's review and records written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall review the final Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.2 Consultant shall at completion of the Project review Contractor's Record Drawings that reflect the changes to the work during construction. 2.8.3 For a 60 -calendar day period following Substantial Completion, the Consultant shall provide Project Close -Out services. 2.8.4 Review of Contractor supplied operation and maintenance manuals. 2.8.5 Review of Contractor warranties. 2.8.6 Assist the City in negotiation and preparation of final change order. 3.0 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described below are not included in Basic Services, and they shall be paid for by the City as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraph 3.3 shall only be provided if authorized or confirmed in writing by the City. If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond the Consultant's control, the Consultant shall notify the City prior to commencing such services. If the City deems that such services described under Paragraph 3.2 are not required, the City shall give prompt written notice to the Consultant. If the City indicates in writing that all or parts of such Contingent Additional Services are not required, the Consultant shall have no obligation to provide those services. 3.2 CONTINGENT ADDITIONAL SERVICES Additional Services for Final Design shall be as follows: 3.2.1 Making revisions in drawings, specifications or other documents when such revisions are: 3.2.1.1 Inconsistent with approvals or instructions previously given by the City, including revisions made necessary by adjustments in the City's program or Project budget, except as required under 2.0 Basic Services. 3.2.1.2 Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents. 3.2.1.3 Due to changes required as a result of the city's failure to render decisions in a timely manner. 3.2.2 Providing services required due to significant Project scope changes, including, but not limited to, size, quality, complexity, the approved Project schedule, or the method of bidding or negotiating and contracting for construction. 3.2.3 Providing services in connection with arbitration proceeding or legal proceeding except where the Consultant is party thereto. 3.2.4 Preparing drawings, specifications and other documentation and supporting data evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives due to changes in the Project Scope. G:\00293 SR Pick:eweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 6 4.0 3.2.5 Provide services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to drawings, specifications and other documentation resulting therefrom. 3.2.6 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.2.7 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the City or Contractor under the Contract for Construction. 3.2.8 Providing Construction Administration services beyond the specified time in Paragraph 2.7.1 or providing C1oseOut services beyond the period specified in Paragraph 2.8.3. 3.2.9 Preparation, attendance and follow-up for meetings that are in addition to those that are specified and budgeted in Basic Services. 3.3 OPTIONAL ADDITIONAL SERVICES 3.3.1 Providing financial feasibility or other special studies. 3.3.2 Except for Title 24 analysis and forms, providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project except as provided in Basic Services above. 3.3.3 Providing services to verify the accuracy of drawings or other information furnished by the City. 3.3.4 Providing analyses of owning and operating costs. 3.3.5 Providing services for preparing measured drawings of existing building conditions with the exception of the site survey and site plan. 3.3.6 Providing services of consultants other than those specified under Basic Services. 3.3.7 Preparing documents for alternate, multiple, or sequential bids. 3.3.8 Providing services to the city after the original date of substantial completion stipulated in the original construction documents except for Project CloseOut Phase services. 3.3.9 Providing services to the city after a period of 60 calendar days from the Date of Substantial Completion. 3.3.10 Preparing a set of reproducible record drawings showing changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor. . 3.3.11 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.3.12 Furniture selection, contract documents, installation, and associated services. 3.3.13 Construction Documents, Bidding and Construction Administration for designing the Project to allow hook up of portable electric power generator to the building. RESPONSIBILITIES OF THE CITY 4.1 Throughout the Project, the City will have the following responsibilities and will provide the following services on behalf of the Project. 1. Management of the overall project budget 2. Information about the City's needs 3. A project representative who is authorized to make decisions in a timely manner with respect to the project. 4. Topographic and other survey information (This can be provided by our civil engineer as an Additional Services if desired). 5. Geotechnical engineering including inspection and testing during construction. G:\00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 7 6. Special studies, testing and the services of special consultants if required for Design Review Board, Planning Commission, BCDC, or other agency having jurisdiction over the project. 7. Review and approval of Contractor's payment requests. 8. Testing of existing mechanical systems. 9. Testing of sewer systems if needed. 10. Inspections and testing during construction where required by building codes or the construction documents. GA00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 8 1.0 2.0 3.0 EXHIBIT B COMPENSATION COMPENSATION FOR BASIC SERVICES identified in Exhibit A shall be calculated according to the following rates and schedules: 1.1 Compensation for Basic Services described in Exhibit A Paragraphs 2.0 through 2.8.6 shall be a stipulated sum of Eight Hundred Four Thousand One Hundred Twenty Dollars ($804,120.00). 1.2 Basic Compensation per project phase shall not exceed the following portions of the Basic Services total compensation unless approved by the City: 1.0 State Library Reviews $ 16,040 2.0 Schematic Design $ 78,962 3.0 Design Development $124,709 4.0 Construction Documents $306,614 5.0 Bidding $ 17,063 6.0 Construction Administration $233,587 7.0 Project Cleanout $ 27.146 Total: $804,120 COMPENSATION FOR ADDITIONAL SERVICES described in Paragraphis 3.2 through 3.3.12 shall be on an hourly basis at the following rates 2.1 Hourly Rates Principal $160.00 Project Manager $120.00 Professional I $110.00 Professional II $100.00 Professional III $ 90.00 Technical I $100.00 Technical II $ 90.00 Technical III $ 80.00 Technical IV $ 70.00 Project Support $ 65.00 2.2 Compensation for the Optional Additional Services described in Paragraph 3.3.13 shall be a stipulated sum of Seven Thousand Nine Hundred Fifty Dollars ($7,950.00). 3.1 Reimbursable expenses are in addition to compensation for Basic and Additional Services in Exhibit A and include expenses incurred by the Contractor, and sub -consultants in the interest of the project, as identified in the following clauses. Reimbursable Expenses related to the Project, whether for in-house, consultant or client use, are billable at one and ten hundredths (1.10) times direct cost or at the rates indicated below. Such costs include, but are not necessarily limited to: ■ CAD plotting of Check Sets and Presentation Drawings: $2.00 per square foot. GA00293 SR Pickleweed Comm Ctr\00293.02\Y-Contract\Client\EXHIBIT- B Compensation.doc Page 1 ■ Outside service printing/copying of drawings and documents of any size. ■ In-house black and white printing/copying of drawings larger than 11 "x 17": $.50 per square foot. ■ In-house black and white photo -copying for draft and final reports and specifications: $.20 per page ■ Software purchase and licensure on behalf of the client. ■ Postage, delivery and messenger service. ■ Photographic and digital imaging, including color and gray scale copies of any size. ■ Overtime expenses with prior client approval. ■ Architectural renderings and scale models. ■ Sub -consultant costs for photography or special graphics. ■ Presentation boards. ■ Facilitation tools. ■ Workshop accessories. ■ Workshop facilitation materials. ■ Travel expenses ■ In-house production of photography or special graphics. The following expenses are included in the hourly billing rates and are not billed separately: ■ In-house printing/copying of 11" x 17" or smaller for in-house and consultant use, except as indicated above ■ Telephone and fax usage GA00293 SR Pickleweed Comm Ctr\00293 -02\Y-Contract\Cl ient\EXH I BIT- B Compensation.doc Page 2 AGREEMENT FOR PROFESSIONAL SERVICES WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. FOR PICKLEWEED COMMUNITY CENTER RENOVATION, LIBRARY AND GYMNASIUM This Agreement is made and entered into this 27`h day of January, 2004, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Group 4 Architecture, Research + Planning, Inc. (hereinafter "CONTRACTOR). RECITALS WHEREAS, the CITY has determined that professional architectural consulting services are required to design and prepare plans and specifications for the Pickleweed Community Center Renovation, Library and Gymnasium (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render certain specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS. 2. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Director of Public Works is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Wayne Gehrke is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 3. DUTIES OF CONTRACTOR �740 CONTRACTOR shall perform the duties and/or provide services described in the Proposal from CONTRACTOR dated January 7, 2004, marked Exhibit "A", attached hereto, and incorporated herein by this reference. The CONTRACTOR agrees to be available and perform the work specified in this agreement in the time frame as specified and as shown in Exhibit "A". 4. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 5. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "A" attached and incorporated herein. The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit "B". Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. is complete. 6. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project 7. TERMINATION A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. Agreement • 2 8. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 9. INSPECTION AND AUDIT Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 10. ASSIGNABILITY The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 11. INSURANCE A. During the term of this Agreement, CONTRACTOR, shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractural liability and personal injury; Agreement • 3 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insureds under the policies; 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 12. INDEMNIFICATION CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgement, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. Agreement • 4 13. NONDISCRIMINATION CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 14. COMPLIANCE WITH ALL LAWS CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinance, codes or regulations. 15. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 16. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Mr. Andrew J. Preston, (Project Manager) City of San Rafael 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Wayne Gehrke (Principal) Group 4 Architecture, Research + Planning, Inc. 211 Linden Avenue South San Francisco, CA 94080 Agreement • 5 17. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 18. ENTIRE AGREEMENT -- AMENDMENTS A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 19. SET-OFF AGAINST DEBTS CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 20. WAIVERS The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by Agreement • 6 the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 21. COSTS AND ATTORNEY's FEES The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 22. CITY BUSINESS LICENSE/OTHER TAXES CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 9 4 — 2 3 7 6 5 0 0 , and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 23. APPLICABLE LAW The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL 47 Mayor Director of Pub Works City Clerk CONTRACTOR Group 4 Architecture, Research + Planning, Inc. By: Title: Ad�hJ���'V APPROVED AS TO City Attornos(/v /2 ®r Agreement • 7 EXHIBIT A SCOPE OF WORK 1.0 THE PROJECT 1.1 GENERAL This contract is for the architectural design of an expansion and limited renovation of the existing Pickleweed Community Center and Library located on Canal Street in San Rafael, California. The design shall be based on Scheme la dated June 11, 2001 prepared by the Consultant. The modifications to the existing community center and library building shall conform to the current building code but the entire existing building will not be upgraded to meet current codes except with respect to accessibility. The project consists of an addition of approximately 11, 530 square feet to the existing community center and library. The addition will contain a new gymnasium, locker rooms, storage, janitor's room, foyer, teen center, cafe and lounge, 2 staff offices, a new reception area and lobby. The addition will have a new automatic fire suppression system that will be served by a separate new fire main. The new construction will be designed in accordance with current building codes. The City acknowledges that the Consultant's investigation of the existing building condition is limited and that portions of the work may not be discovered until construction is underway. Such changes may be addressed, as Additional Services, through change orders or supplemental instructions. 1.2 THE PROJECT WILL INCLUDE THE FOLLOWING: 1. New library in the western portion of the building. 2. New librarian's office. 3. New computer lab. 4. New homework center. 5. Conversion of the present teen center to an art classroom. 6. Replacement of the low -sloped roof at the present multi-purpose room, and the present activity rooms. 7. Replacement of the high -sloped roof at various locations. 8. Replacement of the soffit at the west portion of the building. 9. Replacement of the exterior wall sheathing. 10. Replacements of a portion of the existing deck. 11. Replacement of the deck railing. 12. Replacement of exterior windows. 13. A modification or replacement to the existing doors. 14. Replacement of the damaged portions of the existing ceiling. 15. Replacement of existing rooftop mechanical units as needed. 16. Minor modifications, but not replacement, of existing interior ductwork. 1.3 FOLLOWING WORKIS NOT PART OF THE PROJECT: 1. Sound system. 2. Closed circuit TV wiring. 3. Security system (This will be specified and purchased `design- build' by the City from ADP or another vender). 4. Emergency power system. 5. New air conditioning unit for the existing multi-purpose room. 6. New outdoor basketball court. 7. Modifications to the existing day care center adjacent to the site. G:\00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 1 8. Remodeling of the existing kitchen except for the replacement of existing grease fan and the addition of a new make-up air fan. 9. Expansion to the existing stage in the multi-purpose room. 10. Emergency power. 1.4 CONSTRUCTION WORK: Construction work will be bid as one bid package and built in one phase. 2.0 BASIC SERVICES 2.1 GENERAL The Consultant's Basic Services shall include normal architectural services and other services where specifically indicated in Paragraphs 2.2 through 2.8.6. 2.2 STATE SUBMITTALS 2.2.1 The Consultant shall prepare four submittals to the State required by the State Office of Library Construction consisting of the following: 2.2.1.1 The Consultant shall prepare written responses and drawing revisions as required to the Office of Library Construction review comments. 2.2.1.2 The Consultant shall prepare a submittal for the Office of Library Construction consistent with their submittal requirements. 2.2.1.2.1 The Consultant shall prepare specific exhibits for the Office of Library Construction submittal such as tabulation tables for assignable squire footage, collections, technology, and seating. 2.2.2 Required Submittals 2.2.2.1 Schematic Design 2.2.2.2 Design Development 2.2.2.3 Construction Documents 2.2.2.4 Final Construction Documents Meetings: No Meetings 2.3 SCHEMA TIC DESIGN PHASE 2.3.1 The Consultant shall prepare a project directory and detailed schedule for review at the initial Project Management Team (PMT) meeting. At the PMT meeting, project goals and objectives shall be confirmed for the building exterior and site. 2.3.1 The Consultant shall conduct a workshop with the PMT and community center and library staff to review the project scope and budget, and to discuss design approaches. 2.3.2 The Consultant shall prepare a Topographic Map of the existing area of the new addition. The Map limits will be rectangular, approximately 30 -feet from the proposed building as shown on Scheme 1 a on the north, east, and west side and to the center of the parking aisle parallel to Canal Street on the south side. It will depict existing land features and the edge of the existing building. This Map will be used as a base for our design drawing. It will also include the new parking areas. 2.3.3 The Consultant shall prepare a site and building analysis drawing and other exhibits for the first Design Review Board (DRB) meeting. 2.3.4 The Consultant shall present the project to the first DRB meeting 2.3.5 The Consultant shall conduct a PMT meeting to review the first DRB meeting. 2.3.6 Based on direction from the PMT, the consultant will develop up to one exterior design approach for the building exterior and site, and will propose criteria for evaluating the alternative. G:\00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 2 2.3.7 The Consultant shall present the design alternative to the Pickleweed Advisory Committee. 2.3.8 The Consultant shall present the design alternative to the DRB at the second DRB meeting. 2.3.9 The Consultant shall review project requirements with applicable agencies: Building and Planning officials, Fire Marshal, and other applicable agencies. 2.3.10 Based on direction from the PMT, the Consultant shall prepare schematic design documents consisting of schematic site plan with landscaping, grading plan, floor plan, roof plan, exterior elevations, and perspective rendering drawings, updated statement of probable construction cost, and color and materials board for final submission to the DRB. 2.3.11 The Consultant shall present the schematic design at the final presentation to the DRB. 2.3.12 The Consultant shall prepare the final schematic design documents consisting of drawings and other documents illustrating the scale and relationship of the Project components. 2.3.13 The Consultant shall prepare update the statement of probable construction cost to reflect the final schematic design. 2.3.14 The Consultant shall prepare exhibits for a presentation to the Planning Commission. 2.3.15 The Consultant shall present the Schematic Design to the Planning Commission. Meetings: Three PMT meetings; One workshop with community center and library staff; Three presentations to the DRB; One meeting with the Pickleweed Advisory Committee; and one presentation to the Planning Commission. 2.4 DESIGNDEVELOPMENTPHASE SERVICES 2.4.1 The Consultant shall update schedule and meet with Project Management Team to review Progress and Design Development work plan. 2.4.2 The Consultant shall prepare, for approval by the City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.3 The Consultant shall develop an interior design concept including structural, mechanical, electrical, lighting design, and finishes. 2.4.4 The Consultant shall prepare Outline Specifications. 2.4.5 The Consultant shall advise the City of any adjustments to the Schematic Design Statement of Construction Cost. 2.4.6 The Consultant shall attend the meetings identified below. Meetings: Four meetings with the PMT. 2.5 CONSTR UCTIONDOCUMENTS PHASE AND FINAL =PLAN CHECK 2.5.1 The Consultant shall meet with Project Management Team (PMT) to review Progress and Construction Documents work plan. 2.5.2 The Consultant shall incorporate comments from City's review of the Design Development phase comments into the Construction Documents. 2.5.3 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the Project budget authorized by the City, the Consultant shall prepare, for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. There will be three major milestone submittals as part of this phase: 60% and 90% Construction Documents, one each followed by a PMT review, from which the Consultant will receive written direction to continue, and a final Plan Check submittal. G:\00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 3 2.5.4 60% Construction Documents 2.5.4.1 The Consultant shall update project controls. 2.5.4.2 The Consultant shall begin technical specifications. 2.5.4.3 The Consultant shall refine plans, sections. 2.5.4.4 The Consultant shall develop schedule and details. 2.5.4.5 The Consultant shall update cost estimate. 2.5.4.6 The Consultant shall coordinate consultant work. 2.5.4.7 The Consultant shall conduct document quality control review. 2.5.4.8 The Consultant shall distribute 60% Construction Documents submittal. 2.5.5 90% Construction Documents 2.5.5.1 The Consultant shall distribute 60% City -review comments to project team and respond to City -review comments. 2.5.5.2 The Consultant shall update project controls. 2.5.5.3 The Consultant shall complete technical specifications. 2.5.5.4 The Consultant shall update interior finishes, schedules, and details. 2.5.5.5 The Consultant shall prepare floor plans, equipment, and details. 2.5.5.6 The Consultant shall update cost estimate. 2.5.5.7 The Consultant shall coordinate consultants and conduct a quality control review. 2.5.5.8 The Consultant shall distribute 90% Construction Documents submittal. 2.5.6 Final Construction Documents 2.5.6.1 The Consultant shall distribute City -review comments to project team and respond to City -review comments. 2.5.6.2 The Consultant shall update project controls 2.5.6.3 The Consultant shall revise documents per review comments. 2.5.6.4 The Consultant shall submit for plan check review. 2.5.6.5 The Consultant shall revise documents per plan check comments. 2.5.6.6 The Consultant shall submit for City backcheck. 2.5.7 The Consultant shall assist the City by preparing Technical Specifications and reviewing City -prepared Bidding Documents and contract forms. 2.5.8 The Consultant shall advise the City of any adjustment to previous Statements of Probable Construction Costs indicated by changes in requirements or general market conditions. Meetings: Five Meetings with PMT 2.6 BIDDING PHASE 2.6.1 The Consultant, following the City's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, will assist the City in obtaining bids and assist in awarding and preparing contracts for construction. 2.6.2 The Consultant shall attend a pre-bid conference, and will issue Addenda to clarify known bidders' questions. 2.7 CONSTRUCTIONADMINISTRATIONPHASE 2.7.1 The Consultant's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the "Notice to Proceed" (NTP) of the Contract for Construction and terminates at the earlier of the date of issuance of the Certificate of Substantial Completion of the Work, as defined in the construction documents, or Contract Construction Period from the NTP. 2.7.2 The Consultant shall assist the City in providing Administration of the Contract for Construction. G:\00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 4 2.7.3 The Consultant shall attend the pre -construction conference. 2.7.4 The Consultant shall visit the site 40 times, approximately bi-weekly, or at intervals appropriate to the stage of construction as agreed by the City and Consultant to attend Project meetings and to become generally familiar with the progress and quality of the work completed and to determine, in general, if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. However, the Consultant shall not be required to make exhaustive continuous on-site inspections to check the quality or quantity of the work. On the basis of on-site observations as a Consultant, and through information provided to the Consultant by the City's representative, the Consultant shall keep the City informed of the progress and quality of the work, and shall guard the City against defects and deficiencies in the work. 2.7.5 The Consultant shall review Contractor's submittals, including Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness so as to cause no delay in the work, while allowing sufficient time in the Consultant's judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Consultant's review shall not constitute review of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences or procedures. The Consultant's review of a specific item shall not indicated approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Consultant shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. The City -Contractor Agreement shall contain language equal to the above. 2.7.6 The Consultant shall respond to Contractor's Requests For Information (RFI). Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Consultant shall secure faithful performance by both City and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.7.7 The Consultant shall not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the work, since these are solely the Contractor's responsibility under the Contract for Construction. The Consultant will not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents. The Consultant will not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.7.8 The Consultant shall at all times have access to the work wherever and whenever it is in preparation or progress. 2.8 PROJECT CLOSE-OUT PHASE 2.8.1 Upon request by contractor and in accordance with contract specifications, for Substantial Completion and later Final Completion, Consultant shall conduct reviews to assist City in GA00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 5 determining if the Project is ready for the stage of completion requested by the contractor. Consultant shall provide City with a written recommendation for determining the date or dates of Substantial Completion and the date of Final Completion. The Consultant shall receive and forward to the City for the City's review and records written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall review the final Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.2 Consultant shall at completion of the Project review Contractor's Record Drawings that reflect the changes to the work during construction. 2.8.3 For a 60 -calendar day period following Substantial Completion, the Consultant shall provide Project Close -Out services. 2.8.4 Review of Contractor supplied operation and maintenance manuals. 2.8.5 Review of Contractor warranties. 2.8.6 Assist the City in negotiation and preparation of final change order. 3.0 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described below are not included in Basic Services, and they shall be paid for by the City as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraph 3.3 shall only be provided if authorized or confirmed in writing by the City. If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond the Consultant's control, the Consultant shall notify the City prior to commencing such services. If the City deems that such services described under Paragraph 3.2 are not required, the City shall give prompt written notice to the Consultant. If the City indicates in writing that all or parts of such Contingent Additional Services are not required, the Consultant shall have no obligation to provide those services. 3.2 CONTINGENT ADDITIONAL SERVICES Additional Services for Final Design shall be as follows: 3.2.1 Making revisions in drawings, specifications or other documents when such revisions are: 3.2.1.1 Inconsistent with approvals or instructions previously given by the City, including revisions made necessary by adjustments in the City's program or Project budget, except as required under 2.0 Basic Services. 3.2.1.2 Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents. 3.2.1.3 Due to changes required as a result of the city's failure to render decisions in a timely manner. 3.2.2 Providing services required due to significant Project scope changes, including, but not limited to, size, quality, complexity, the approved Project schedule, or the method of bidding or negotiating and contracting for construction. 3.2.3 Providing services in connection with arbitration proceeding or legal proceeding except where the Consultant is party thereto. 3.2.4 Preparing drawings, specifications and other documentation and supporting data evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives due to changes in the Project Scope. G:\00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 6 3.2.5 Provide services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to drawings, specifications and other documentation resulting therefrom. 3.2.6 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.2.7 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the City or Contractor under the Contract for Construction. 3.2.8 Providing Construction Administration services beyond the specified time in Paragraph 2.7.1 or providing C1oseOut services beyond the period specified in Paragraph 2.8.3. 3.2.9 Preparation, attendance and follow-up for meetings that are in addition to those that are specified and budgeted in Basic Services. 3.3 OPTIONAL ADDITIONAL SERVICES 3.3.1 Providing financial feasibility or other special studies. 3.3.2 Except for Title 24 analysis and forms, providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project except as provided in Basic Services above. 3.3.3 Providing services to verify the accuracy of drawings or other information furnished by the City. 3.3.4 Providing analyses of owning and operating costs. 3.3.5 Providing services for preparing measured drawings of existing building conditions with the exception of the site survey and site plan. 3.3.6 Providing services of consultants other than those specified under Basic Services. 3.3.7 Preparing documents for alternate, multiple, or sequential bids. 3.3.8 Providing services to the city after the original date of substantial completion stipulated in the original construction documents except for Project CloseOut Phase services. 3.3.9 Providing services to the city after a period of 60 calendar days from the Date of Substantial Completion. 3.3.10 Preparing a set of reproducible record drawings showing changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor. 3.3.11 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.3.12 Furniture selection, contract documents, installation, and associated services. 3.3.13 Construction Documents, Bidding and Construction Administration for designing the Project to allow hook up of portable electric power generator to the building. 4.0 RESPONSIBILITIES OF THE CITY 4.1 Throughout the Project, the City will have the following responsibilities and will provide the following services on behalf of the Project. 1. Management of the overall project budget 2. Information about the City's needs 3. A project representative who is authorized to make decisions in a timely manner with respect to the project. 4. Topographic and other survey information (This can be provided by our civil engineer as an Additional Services if desired). 5. Geotechnical engineering including inspection and testing during construction. GA00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 7 6. Special studies, testing and the services of special consultants if required for Design Review Board, Planning Commission, BCDC, or other agency having jurisdiction over the project. 7. Review and approval of Contractor's payment requests. 8. Testing of existing mechanical systems. 9. Testing of sewer systems if needed. 10. Inspections and testing during construction where required by building codes or the construction documents. GA00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 8 1.0 2.0 3.0 EXHIBIT B COMPENSATION COMPENSATION FOR BASIC SERVICES identified in Exhibit A shall be calculated according to the following rates and schedules: 1.1 Compensation for Basic Services described in Exhibit A Paragraphs 2.0 through 2.8.6 shall be a stipulated sum of Eight Hundred Four Thousand One Hundred Twenty Dollars ($804,120.00). 1.2 Basic Compensation per project phase shall not exceed the following portions of the Basic Services total compensation unless approved by the City: 1.0 State Library Reviews $ 16,040 2.0 Schematic Design $ 78,962 3.0 Design Development $124,709 4.0 Construction Documents $306,614 5.0 Bidding $ 17,063 6.0 Construction Administration $233,587 7.0 Project Cleanout $ 27,146 Total: $804,120 COMPENSATION FOR ADDITIONAL SERVICES described in Paragraphis 3.2 through 3.3.12 shall be on an hourly basis at the following rates 2.1 Hourly Rates Principal $160.00 Project Manager $120.00 Professional I $110.00 Professional II $100.00 Professional III $ 90.00 Technical I $100.00 Technical II $ 90.00 Technical III $ 80.00 Technical IV $ 70.00 Project Support $ 65.00 2.2 Compensation for the Optional Additional Services described in Paragraph 3.3.13 shall be a stipulated sum of Seven Thousand Nine Hundred Fifty Dollars ($7,950.00). COMPENSATION FOR REIMBURSABLE EXPENSES 3.1 Reimbursable expenses are in addition to compensation for Basic and Additional Services in Exhibit A and include expenses incurred by the Contractor, and sub -consultants in the interest of the project, as identified in the following clauses. Reimbursable Expenses related to the Project, whether for in-house, consultant or client use, are billable at one and ten hundredths (1.10) times direct cost or at the rates indicated below. Such costs include, but are not necessarily limited to: ■ CAD plotting of Check Sets and Presentation Drawings: $2.00 per square foot. G:\00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-B Compensation.doc Page 1 ■ Outside service printing/copying of drawings and documents of any size. ■ In-house black and white printing/copying of drawings larger than 11 "x 17": $.50 per square foot. ■ In-house black and white photo -copying for draft and final reports and specifications: $.20 per page ■ Software purchase and licensure on behalf of the client. ■ Postage, delivery and messenger service. ■ Photographic and digital imaging, including color and gray scale copies of any size. ■ Overtime expenses with prior client approval. ■ Architectural renderings and scale models. ■ Sub -consultant costs for photography or special graphics. ■ Presentation boards. ■ Facilitation tools. ■ Workshop accessories. ■ Workshop facilitation materials. ■ Travel expenses ■ In-house production of photography or special graphics. The following expenses are included in the hourly billing rates and are not billed separately: ■ In-house printing/copying of 11" x 17" or smaller for in-house and consultant use, except as indicated above ■ Telephone and fax usage G:\00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-B Compensation.doc Page 2 Nuel 119F. IOU unvurLft{nu CERTII=ICA-IE OF LIABILITY INSU7 #kNCEI 2�2� 4M/DD/YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 12675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 510 465-3090 INSURERS AFFORDING COVERAGE INSURED Group 4 Architecture Research + Planning, Inc. 301 Linden Avenue South San Francisco, CA 94080 COVERAGES INSURER A: Hartford Casualty Insurance Co. INSURER B:American Automobile Ins. Co. INSURER c:Security Ins. Co. of Hartford INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I TR vULIi:rEFtEEUi VeruLILV'&ulN'1i64 TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS A GENERAL LIABILITY 57SBALT2278 07/18/03 07/18/04 1 EACH OCCURRENCE $2.000.000 X COMMERCIAL GENERAL LIABILITY I FIRE DAMAGE (Any one fire $1.D00.000 CLAIMS MA DEn OCCUR MED EXP (Anyone person) 1 $10,000 PERSONAL &ADV INJURY I $2,000,000 GENERAL AGGREGATE 1$4.00,000 AGGREGATE I PRODUCTS-COMP/OPAGG $4,000,000 GEN'L LIMITAPPLIESPER: POLICYn JECT LOC A AUTOMOBILE LIABILITY 57SBALT2278 07/18/03 07/18/04 COMBINED SINGLE LIMIT $2,0,000 _ ANYAUTO (Eaaccldent) _ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Per accident) _ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I AUTO ONLY- EAACCIDENTI $ ANY AUTO OTHER THAN EA ACC 1$ AUTO ONLY: AGG 1$ EXCESS LIABILITY EACH OCCURRENCE Is IOCCUR FICLAIMS MADE AGGREGATE Is Is DEDUCTIBLE I I $ RETENTION $ Is B WORKERS COMPENSATION AND WZP80915442 07/01/03 07/01/04 )( WCSTATU- I IOTH1 11TS FR EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 11I IE.L.DISEASE-EAEMPLOYEEI $1,000,000 E.L. DISEASE -POLICY LIMITI $1,000,000 C OTHER Professional AEE0232481 07/12/04 07/12/04 $2,000,000 per claim Liability $2,000,000 and aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional t services. Re: Pickleweed Community Center Renovation, Library and Gymnasium Project The Ciyt of San Rafael, its officers, agents and employees are named as (See Attached Descriptions) CERTIFICATE HOLDER I I ADD I IONALINSURED:INSURERLETIER, _ City of San Rafael 4 Attn: Mr. Andrew J. Preston 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 ACORD 25-S (7/97)1 of 2 #M89187 CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THEISSUING INSURER WILL ENDEAVORTOMAI I30.. _DAYSWRnTEN NOTICETOTHE CERTIFICATE HOLDER NAMED 70THELEFT, BUTFAILURE TODOSOSHALL IMPOSE NO OB LIGATION OR LIABIUTY OF ANYKIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUORIIZREPRES NTATIVE bHnZ ^E-D.� � JXL © ACORD CORPORATION 1988 DES111PTIONS (Continued from "- ge 1) additional Insureds as respects general and auto liability for claims arising from the operations of the named insured, per policy form wording. AMS 25.3 (07/97) 2 of 2 #M89187 s G R O U P 4 A R C H I T E C T U R E R E S E A R C H PLAN N TNG,INC 301 LINDEN AVENUE SO. SAN FRANCISCO C A 9 4 0 8 0 U S A I 2004 PUBLIC Vjo;11:S DEPT. clTf OF SAN RAFAEL 7 January 2004 Andy Preston, Director CITY OF SAN RAFAEL Public Works Department 111 Morphew Street San Rafael, California 94901 Re: Professional Services for Pickleweed Park Community Center and Library Dear Mr. Preston: T:650-871 . 0709 Following our meeting on the 3 01 of December 2003, we revised our proposal based F : 6 5 0 . e 7 1 • 7 91 1 upon the directions we received from the City. We have reduced the Scope of Basic Services to reflect the changes in Basic Services requested. We have also made corresponding reductions to the fees. We have also increased the Basic Services, and the corresponding fees, in response to your request that we add services in several areas. We have revised the attached Exhibit A Scope of Services (we have added a City's Responsibilities section and done some format changes), the Fee Summary, and the Recommended Project Budget. We have also included an Exhibit B Compensation, using the format of our current Seismic, Modernization and Deferred Maintenance Study contract. Reductions have been made to the fees. We have reduced our fees in accordance with your directions, we have asked all of our major consultants to reduce their fees, and, in several instances, both Group 4 and our consultants have made further good faith reductions without a corresponding scope of services reduction. Although substantial reductions have been made to our fees, we could not reduce them D A V I D 5 C H N E E A R C H I T E C T g:\00293 sr pickleweed comm ctr\00293-02\I-letters\121 clt\121 ap02.doc to meet your desired fee goals. We feel that the resultant fee, at 14% of the construction cost, is very much in keeping with similar complex remodeling and expansion projects for public clients. We have heard repeatedly from our W A Y N E G E H R K E subconsultants that substantially more effort is required per dollar of construction cost A R ;- H T E ,- T for remodeling projects as compared to new construction. This has been our experience as well because we have to spend additional effort analyzing the existing 1 A M E S P . b I E R K E S construction and, then have to design the interface between the old and the new. Much A R : H T E -: of this effort is required without a commensurate construction value. Also our experience has been that as the construction proceeds, hidden conditions are DAVID M. S T U R G E S discovered, more effort on our part is needed to keep the project moving forward within the budget and scheduled. Additionally, the level of participation required by A R C H I T E C T the project with the committees and commission meetings and presentations require an D A W N E M E R K E S added level of effort. A R C H I T E C - D A V I D 5 C H N E E A R C H I T E C T g:\00293 sr pickleweed comm ctr\00293-02\I-letters\121 clt\121 ap02.doc ® 7 January 2004 Andy Preston, Director Page 2 The principal changes to the scope can be summarized as follows: Scope Reductions State Submittals — Eliminated 4 PMT meetings Schematic Design Phase — Reduced alternative designs to 1 and eliminate meetings with City agencies and utility companies. Construction Documents Phase — Delete final presentation to the City Council, and delete our responsibility to assist the City with its responsibilities to file documents for governmental approval. Furniture Selection Phase - Eliminate all services from Basic Services. Scope Additions Schematic Design — Add topographic surveying services. Construction Administration — Add 14 site visits. I will be out of the office until Friday January 15`h. Dawn Merkes has worked with me on our proposal and is available to answer questions about our revised proposal. Finally, please be aware that our offices have moved to 211 Linden Street, South San Francisco, CA 94080. All other contact information remains the same. Thank you for your help so far. Jaimi, Dawn and I are looking forward to working with you and your staff, along with the Library and Community Services Department on this important project. Sincerely, GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. Z 1 Z �- Wayne Gehrke AIA Principal WG/mm Enclosure(s) xc: 00293-02 ff EXHIBIT A SCOPE OF WORK 1.0 THE PROJECT 1.1 GENERAL This contract is for the architectural design of an expansion and limited renovation of the existing Pickleweed Community Center and Library located on Canal Street in San Rafael, California. The design shall be based on Scheme la dated June 11, 2001 prepared by the Consultant. The modifications to the existing community center and library building shall conform to the current building code but the entire existing building will not be upgraded to meet current codes except with respect to accessibility. The project consists of an addition of approximately 11, 530 square feet to the existing community center and library. The addition will contain a new gymnasium, locker rooms, storage, janitor's room, foyer, teen center, cafe and lounge, 2 staff offices, a new reception area and lobby. The addition will have a new automatic fire suppression system that will be served by a separate new fire main. The new construction will be designed in accordance with current building codes. The City acknowledges that the Consultant's investigation of the existing building condition is limited and that portions of the work may not be discovered until construction is underway. Such changes may be addressed, as Additional Services, through change orders or supplemental instructions. 1.2 THE PROJECT WILL INCL UDE THE FOLLOWING: 1. New library in the western portion of the building. 2. New librarian's office. 3. New computer lab. 4. New homework center. 5. Conversion of the present teen center to an art classroom. 6. Replacement of the low -sloped roof at the present multi-purpose room, and the present activity rooms. 7. Replacement of the high -sloped roof at various locations. 8. Replacement of the soffit at the west portion of the building. 9. Replacement of the exterior wall sheathing. 10. Replacements of a portion of the existing deck. 11. Replacement of the deck railing. 12. Replacement of exterior windows. 13. A modification or replacement to the existing doors. 14. Replacement of the damaged portions of the existing ceiling. 15. Replacement of existing rooftop mechanical units as needed. 16. Minor modifications, but not replacement, of existing interior ductwork. 1.3 FOLLOWING WORK IS NOT PART OF THE PROJECT.• 1. Sound system. 2. Closed circuit TV wiring. 3. Security system (This will be specified and purchased `design- build' by the City from ADP or another vender). 4. Emergency power system. 5. New air conditioning unit for the existing multi-purpose room. 6. New outdoor basketball court. 7. Modifications to the existing day care center adjacent to the site. G:\00293 5R Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 1 8. Remodeling of the existing kitchen except for the replacement of existing grease fan and the addition of a new make-up air fan. 9. Expansion to the existing stage in the multi-purpose room. 10. Emergency power. 1.4 CONSTRUCTION WORK: Construction work will be bid as one bid package and built in one phase. 2.0 BASIC SERVICES 2.1 GENERAL The Consultant's Basic Services shall include normal architectural services and other services where specifically indicated in Paragraphs 2.2 through 2.8.6. 2.2 STATE SUBMITTALS 2.2.1 The Consultant shall prepare four submittals to the State required by the State Office of Library Construction consisting of the following: 2.2.1.1 The Consultant shall prepare written responses and drawing revisions as required to the Office of Library Construction review comments. 2.2.1.2 The Consultant shall prepare a submittal for the Office of Library Construction consistent with their submittal requirements. 2.2.1.2.1 The Consultant shall prepare specific exhibits for the Office of Library Construction submittal such as tabulation tables for assignable squire footage, collections, technology, and seating. 2.2.2 Required Submittals 2.2.2.1 Schematic Design 2.2.2.2 Design Development 2.2.2.3 Construction Documents 2.2.2.4 Final Construction Documents Meetings: No Meetings 2.3 SCHEMATIC DESIGN PHASE 2.3.1 The Consultant shall prepare a project directory and detailed schedule for review at the initial Project Management Team (PMT) meeting. At the PMT meeting, project goals and objectives shall be confirmed for the building exterior and site. 2.3.1 The Consultant shall conduct a workshop with the PMT and community center and library staff to review the project scope and budget, and to discuss design approaches. 2.3.2 The Consultant shall prepare a Topographic Map of the existing area of the new addition. The Map limits will be rectangular, approximately 30 -feet from the proposed building as shown on Scheme 1 a on the north, east, and west side and to the center of the parking aisle parallel to Canal Street on the south side. It will depict existing land features and the edge of the existing building. This Map will be used as a base for our design drawing. It will also include the new parking areas. 2.3.3 The Consultant shall prepare a site and building analysis drawing and other exhibits for the first Design Review Board (DRB) meeting. 2.3.4 The Consultant shall present the project to the first DRB meeting 2.3.5 The Consultant shall conduct a PMT meeting to review the first DRB meeting. 2.3.6 Based on direction from the PMT, the consultant will develop up to one exterior design approach for the building exterior and site, and will propose criteria for evaluating the alternative. GA00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 2 2.3.7 The Consultant shall present the design alternative to the Pickleweed Advisory Committee. 2.3.8 The Consultant shall present the design alternative to the DRB at the second DRB meeting. 2.3.9 The Consultant shall review project requirements with applicable agencies: Building and Planning officials, Fire Marshal, and other applicable agencies. 2.3.10 Based on direction from the PMT, the Consultant shall prepare schematic design documents consisting of schematic site plan with landscaping, grading plan, floor plan, roof plan, exterior elevations, and perspective rendering drawings, updated statement of probable construction cost, and color and materials board for final submission to the DRB. 2.3.11 The Consultant shall present the schematic design at the final presentation to the DRB. 2.3.12 The Consultant shall prepare the final schematic design documents consisting of drawings and other documents illustrating the scale and relationship of the Project components. 2.3.13 The Consultant shall prepare update the statement of probable construction cost to reflect the final schematic design. 2.3.14 The Consultant shall prepare exhibits for a presentation to the Planning Commission. 2.3.15 The Consultant shall present the Schematic Design to the Planning Commission. Meetings: Three PMT meetings; One workshop with community center and library staff; Three presentations to the DRB; One meeting with the Pickleweed Advisory Committee; and one presentation to the Planning Commission. 2.4 DESIGN DE VEL OPMENT PHASE SER VICES 2.4.1 The Consultant shall update schedule and meet with Project Management Team to review Progress and Design Development work plan. 2.4.2 The Consultant shall prepare, for approval by the City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.3 The Consultant shall develop an interior design concept including structural, mechanical, electrical, lighting design, and finishes. 2.4.4 The Consultant shall prepare Outline Specifications. 2.4.5 The Consultant shall advise the City of any adjustments to the Schematic Design Statement of Construction Cost. 2.4.6 The Consultant shall attend the meetings identified below. Meetings: Four meetings with the PMT. 2.5 CONSTR UCTION DOCUMENTS PHASE AND FINAL CITY PLAN CHECK 2.5.1 The Consultant shall meet with Project Management Team (PMT) to review Progress and Construction Documents work plan. 2.5.2 The Consultant shall incorporate comments from City's review of the Design Development phase comments into the Construction Documents. 2.5.3 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the Project budget authorized by the City, the Consultant shall prepare, for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. There will be three major milestone submittals as part of this phase: 60% and 90% Construction Documents, one each followed by a PMT review, from which the Consultant will receive written direction to continue, and a final Plan Check submittal. GA00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 3 2.5.4 60% Construction Documents 2.5.4.1 The Consultant shall update project controls. 2.5.4.2 The Consultant shall begin technical specifications. 2.5.4.3 The Consultant shall refine plans, sections. 2.5.4.4 The Consultant shall develop schedule and details. 2.5.4.5 The Consultant shall update cost estimate. 2.5.4.6 The Consultant shall coordinate consultant work. 2.5.4.7 The Consultant shall conduct document quality control review. 2.5.4.8 The Consultant shall distribute 60% Construction Documents submittal. 2.5.5 90% Construction Documents 2.5.5.1 The Consultant shall distribute 60% City -review comments to project team and respond to City -review comments. 2.5.5.2 The Consultant shall update project controls. 2.5.5.3 The Consultant shall complete technical specifications. 2.5.5.4 The Consultant shall update interior finishes, schedules, and details. 2.5.5.5 The Consultant shall prepare floor plans, equipment, and details. 2.5.5.6 The Consultant shall update cost estimate. 2.5.5.7 The Consultant shall coordinate consultants and conduct a quality control review. 2.5.5.8 The Consultant shall distribute 90% Construction Documents submittal. 2.5.6 Final Construction Documents 2.5.6.1 The Consultant shall distribute City -review comments to project team and respond to City -review comments. 2.5.6.2 The Consultant shall update project controls 2.5.6.3 The Consultant shall revise documents per review comments. 2.5.6.4 The Consultant shall submit for plan check review. 2.5.6.5 The Consultant shall revise documents per plan check comments. 2.5.6.6 The Consultant shall submit for City backcheck. 2.5.7 The Consultant shall assist the City by preparing Technical Specifications and reviewing City -prepared Bidding Documents and contract forms. 2.5.8 The Consultant shall advise the City of any adjustment to previous Statements of Probable Construction Costs indicated by changes in requirements or general market conditions. Meetings: Five Meetings with PMT 2.6 BIDDING PHASE 2.6.1 The Consultant, following the City's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, will assist the City in obtaining bids and assist in awarding and preparing contracts for construction. 2.6.2 The Consultant shall attend a pre-bid conference, and will issue Addenda to clarify known bidders' questions. 2.7 CONSTR UCTION ADMINISTRATION PHASE 2.7.1 The Consultant's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the "Notice to Proceed" (NTP) of the Contract for Construction and terminates at the earlier of the date of issuance of the Certificate of Substantial Completion of the Work, as defined in the construction documents, or Contract Construction Period from the NTP. 2.7.2 The Consultant shall assist the City in providing Administration of the Contract for Construction. G:\00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 4 2.7.3 The Consultant shall attend the pre -construction conference. 2.7.4 The Consultant shall visit the site 40 times, approximately bi-weekly, or at intervals appropriate to the stage of construction as agreed by the City and Consultant to attend Project meetings and to become generally familiar with the progress and quality of the work completed and to determine, in general, if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. However, the Consultant shall not be required to make exhaustive continuous on-site inspections to check the quality or quantity of the work. On the basis of on-site observations as a Consultant, and through information provided to the Consultant by the City's representative, the Consultant shall keep the City informed of the progress and quality of the work, and shall guard the City against defects and deficiencies in the work. 2.7.5 The Consultant shall review Contractor's submittals, including Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness so as to cause no delay in the work, while allowing sufficient time in the Consultant's judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Consultant's review shall not constitute review of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences or procedures. The Consultant's review of a specific item shall not indicated approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Consultant shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. The City -Contractor Agreement shall contain language equal to the above. 2.7.6 The Consultant shall respond to Contractor's Requests For Information (RFI). Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Consultant shall secure faithful performance by both City and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.7.7 The Consultant shall not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the work, since these are solely the Contractor's responsibility under the Contract for Construction. The Consultant will not be responsible for the Contractor's schedules or failure to cavy out the work in accordance with the Contract Documents. The Consultant will not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.7.8 The Consultant shall at all times have access to the work wherever and whenever it is in preparation or progress. 2.8 PROJECT CLOSE- O UT PHASE 2.8.1 Upon request by contractor and in accordance with contract specifications, for Substantial Completion and later Final Completion, Consultant shall conduct reviews to assist City in GA00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT A 1.07.04.doc Page 5 determining if the Project is ready for the stage of completion requested by the contractor. Consultant shall provide City with a written recommendation for determining the date or dates of Substantial Completion and the date of Final Completion. The Consultant shall receive and forward to the City for the City's review and records written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall review the final Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.2 Consultant shall at completion of the Project review Contractor's Record Drawings that reflect the changes to the work during construction. 2.8.3 For a 60 -calendar day period following Substantial Completion, the Consultant shall provide Project Close -Out services. 2.8.4 Review of Contractor supplied operation and maintenance manuals. 2.8.5 Review of Contractor warranties. 2.8.6 Assist the City in negotiation and preparation of final change order. 3.0 ADDITIONAL SERVICES tff�elihf_,10/ 3.1.1 The services described below are not included in Basic Services, and they shall be paid for by the City as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraph 3.3 shall only be provided if authorized or confirmed in writing by the City. If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond the Consultant's control, the Consultant shall notify the City prior to commencing such services. If the City deems that such services described under Paragraph 3.2 are not required, the City shall give prompt written notice to the Consultant. If the City indicates in writing that all or parts of such Contingent Additional Services are not required, the Consultant shall have no obligation to provide those services. 3.2 CONTINGENT ADDITIONAL SERVICES Additional Services for Final Design shall be as follows: 3.2.1 Making revisions in drawings, specifications or other documents when such revisions are: 3.2.1.1 Inconsistent with approvals or instructions previously given by the City, including revisions made necessary by adjustments in the City's program or Project budget, except as required under 2.0 Basic Services. 3.2.1.2 Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents. 3.2.1.3 Due to changes required as a result of the city's failure to render decisions in a timely manner. 3.2.2 Providing services required due to significant Project scope changes, including, but not limited to, size, quality, complexity, the approved Project schedule, or the method of bidding or negotiating and contracting for construction. 3.2.3 Providing services in connection with arbitration proceeding or legal proceeding except where the Consultant is party thereto. 3.2.4 Preparing drawings, specifications and other documentation and supporting data evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives due to changes in the Project Scope. G:\00293 SR Pick'eweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 6 3.2.5 Provide services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to drawings, specifications and other documentation resulting therefrom. 3.2.6 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.2.7 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the City or Contractor under the Contract for Construction. 3.2.8 Providing Construction Administration services beyond the specified time in Paragraph 2.7.1 or providing C1oseOut services beyond the period specified in Paragraph 2.8.3. 3.2.9 Preparation, attendance and follow-up for meetings that are in addition to those that are specified and budgeted in Basic Services. 3.3 OPTIONAL ADDITIONAL SERVICES 3.3.1 Providing financial feasibility or other special studies. 3.3.2 Except for Title 24 analysis and forms, providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project except as provided in Basic Services above. 3.3.3 Providing services to verify the accuracy of drawings or other information furnished by the City. 3.3.4 Providing analyses of owning and operating costs. 3.3.5 Providing services for preparing measured drawings of existing building conditions with the exception of the site survey and site plan. 3.3.6 Providing services of consultants other than those specified under Basic Services. 3.3.7 Preparing documents for alternate, multiple, or sequential bids. 3.3.8 Providing services to the city after the original date of substantial completion stipulated in the original construction documents except for Project C1oseOut Phase services. 3.3.9 Providing services to the city after a period of 60 calendar days from the Date of Substantial Completion. 3.3.10 Preparing a set of reproducible record drawings showing changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor. . 3.3.11 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.3.12 Furniture selection, contract documents, installation, and associated services. 3.3.13 Construction Documents, Bidding and Construction Administration for designing the Project to allow hook up of portable electric power generator to the building. 4.0 RESPONSIBILITIES OF THE CITY 4.1 Throughout the Project, the City will have the following responsibilities and will provide the following services on behalf of the Project. 1. Management of the overall project budget 2. Information about the City's needs 3. A project representative who is authorized to make decisions in a timely manner with respect to the project. 4. Topographic and other survey information (This can be provided by our civil engineer as an Additional Services if desired). 5. Geotechnical engineering including inspection and testing during construction. GA00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 7 6. Special studies, testing and the services of special consultants if required for Design Review Board, Planning Commission, BCDC, or other agency having jurisdiction over the project. 7. Review and approval of Contractor's payment requests. 8. Testing of existing mechanical systems. 9. Testing of sewer systems if needed. 10. Inspections and testing during construction where required by building codes or the construction documents. GA00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT-A 1.07.04.doc Page 8 1.0 2.0 well EXHIBIT B COMPENSATION COMPENSATION FOR BASIC SERVICES identified in Exhibit A shall be calculated according to the following rates and schedules: 1.1 Compensation for Basic Services described in Exhibit A Paragraphs 2.0 through 2.8.6 shall be a stipulated sum of Eight Hundred Four Thousand One Hundred Twenty Dollars ($804,120.00). 1.2 Basic Compensation per project phase shall not exceed the following portions of the Basic Services total compensation unless approved by the City: 1.0 State Library Reviews $ 16,040 2.0 Schematic Design $ 78,962 3.0 Design Development $124,709 4.0 Construction Documents $306,614 5.0 Bidding $ 17,063 6.0 Construction Administration $233,587 7.0 Project Cleanout $ 27.146 Total: $804,120 COMPENSATION FOR ADDITIONAL SERVICES described in Paragraphis 3.2 through 3.3.12 shall be on an hourly basis at the following rates 2.1 Hourly Rates Principal $160.00 Project Manager $120.00 Professional I $110.00 Professional 11 $100.00 Professional III $ 90.00 Technical I $100.00 Technical H $ 90.00 Technical III $ 80.00 Technical IV $ 70.00 Project Support $ 65.00 2.2 Compensation for the Optional Additional Services described in Paragraph 3.3.13 shall be a stipulated sum of Seven Thousand Nine Hundred Fifty Dollars ($7,950.00). COMPENSATION FOR REIMBURSABLE EXPENSES 3.1 Reimbursable expenses are in addition to compensation for Basic and Additional Services in Exhibit A and include expenses incurred by the Contractor, and sub -consultants in the interest of the project, as identified in the following clauses. Reimbursable Expenses related to the Project, whether for in-house, consultant or client use, are billable at one and ten hundredths (1.10) times direct cost or at the rates indicated below. Such costs include, but are not necessarily limited to: ■ CAD plotting of Check Sets and Presentation Drawings: $2.00 per square foot. GA00293 SR Pickleweed Comm Ctr\00293-02\Y-Contract\Client\EXHIBIT- B Compensation.doc Page 1 ■ Outside service printing/copying of drawings and documents of any size. ■ In-house black and white printing/copying of drawings larger than 11 "x 17": $.50 per square foot. ■ In-house black and white photo -copying for draft and final reports and specifications: $.20 per page ■ Software purchase and licensure on behalf of the client. ■ Postage, delivery and messenger service. ■ Photographic and digital imaging, including color and gray scale copies of any size. ■ Overtime expenses with prior client approval. ■ Architectural renderings and scale models. ■ Sub -consultant costs for photography or special graphics. ■ Presentation boards. ■ Facilitation tools. ■ Workshop accessories. ■ Workshop facilitation materials. ■ Travel expenses ■ In-house production of photography or special graphics. 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