HomeMy WebLinkAbout12 LIBRARY DESIGN 03-07-05
AGENDA REPORT
::::-;m 1r
City Manager
Finance Director
MEETING DATE:
MARCH 7, 2005
FROM:
WilLIAM A. HUSTON, CITY MANAGER
REDEVELOPMENT AGENCY STAFF
TO:
SUBJECT:
CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN
AND CONSTRUCTION DRAWINGS AND RELATED SERVICES FOR THE
TUSTIN LIBRARY PROJECT
SUMMARY
City Council approval is requested for consulting services for the preparation of
architectural design and construction plans for the Tustin Library project.
RECOMMENDATION
It is recommended that the City Council:
1.
Approve and authorize the Assistant City Manager to execute a Consultant
Services Agreement with Field Paoli Architects, Inc. for the preparation of design
and construction plans and related services, subject to any minor corrections that
may be required by the City Attorney, and;
2.
Appropriate $1,000,000 out of unappropriated trust funds (account no. 50-000-
2604/9223) to the Capital Improvement Program design account no. 02-999-
6018 (CIP 1045).
FISCAL IMPACT
An amount of $1,000,000 has been donated by John Laing Homes and held in trust for
the Tustin Library project which will need to be transferred to the City's Capital
Improvement Program (CIP 1045) for design services on the Tustin Library project.
Consultant Services Agreement for Architectural Design and Construction Drawings
and Related Services for the Tustin Library Project
March 7, 2005
Page 2
BACKGROUND
The Tustin City Council has identified future expansion of the Tustin Library as a major
priority. Accordingly, the City Council previously authorized staff to proceed with
preliminary architectural design and property appraisal services necessary and related
to a State Library Bond Act application made in 2004. While the City's application as
part of the third cycle of funding was ranked outstanding, the distribution of third cycle
funds was extremely competitive given the availability of a total of only $90 million in
remaining grant awards, and Tustin was not a grant awardee.
While staff will be returning to the City Council with a number of potential options for
funding construction of the Tustin Library project, staff was previously authorized to
release a Request for Proposals (RFP) for ArchitecturaVEngineering Services related to
the preparation of design and construction documents for the Tustin Library Project.
Five firms responded to the RFP including Field Paoli Architects, Manuel Oncina
Architects, Group 4 Architecture, Research + Planning, Thirtieth Street Architects, and
LPA. All five firms participated in an interview with a staff Technical Evaluation
Committee consisting of the Assistant City Manager, Public Works Director,
Redevelopment Program Manager, and the City's library consultant, Linda Demmers.
The firms were evaluated taking into consideration the following evaluation criteria:
completeness of proposal; organization, experience, and workload; qualifications of key
personnel and sub-consultants; proposed scope of services under the solicited scope of
work; and reference checks. Based on the evaluation process, the firm of Field Paoli
was identified as the most qualified.
The attached Consultant Services Agreement between the City and Field Paoli
Architects. Inc. provides for architectural planning design services, including related
sub-consultant services for structural engineering, mechanical engineering, electrical
and lighting, landscape architecture, civil engineering, preparation of specifications and
cost estimating. The initial scope of work. based on current funding availability. includes
completion of all design and construction documents (Phases 1-3). The total
compensation for Phases 1-3 as identified in the attached Agreement will not exceed
$1,000,000 (this includes the base fee and all reimbursable expenses). All sub-
consulting activities identified in the Agreement will be administered by Field Paoli
Architects in accordance with the budget amounts and tasks identified in the
Agreement. It is estimated that the schedule for completion of Phases 1-3 of the Scope
of Services will take approximately 16-18 months.
Consultant Services Agreement for Architectural Design and Construction Drawings
and Related Services for the Tustin Library Project
March 7, 2005
Page 3
Upon City Council review of and decisions on alternative financing mechanisms for the
project over the next few months, an additional appropriation and amendment to the
Agreement to add Phases 4-6 (Bidding and Award, Construction Administration, and
Post Construction and Record Documents) in an amount not to exceed $360,156 will be
brought forward.
EXHIBIT D-2
SCHEDULE OF PERFORMANCE
CONSULTANT SERVICES AGREEMENT
BETWEEN CITY OF TUSTIN and FIELD PAOLI ARCHITECTS
ID Task Name Duration Start Finish 2005 12006
0 trt Otr 2 Otr3 I Otr4 I Otrt I Otr2 IT3 Otr4
t A&.E services - Phases 1 through 3 540 days 3/7/2005 8/29/2006 "Y
2 ffii Phase 1- 5chematic Design 120 days 3/7/2005 7/5/2005 1'5 ...
3 IE!! Phase 11 - Design Development 120 days 7/5/2005 11/2/2005 /1/2
4 Phase III - Construction Documents 300 days 11/2/2005 8/29/2006 8/29
Note:
1) For the purposes of this GNA TT chart, "start date" is assumed as March 7, 2005; however. the actual "start date" will be the date that this agreement is
executed.
2) In the event this agreement is amended to include Phases 4,5 and 6, a Schedule of Performance will be agreed upon between the Consultant and City.
. Task Milestone . Extemel Tasks
Split """"",,""" Summary ..... ..... Extemal Milestone.
Progress Proiect Summary ..... ..... Deadline ~
Project: Ubrary Exhibit for A&E v3
Date: 31212005
Page 1 """0""""""""'-
CONSULTANT SERVICES AGREEMENT
This Agreement for Consultant Services ("Agreement") is made and entered
into this day of , 2005 by and between the CITY OF
TUSTIN, a municipal corporation ("City") and Field Paoli Architects, Inc.,
("Consultant").
RECITALS
WHEREAS, the City is in the process of planning and designing a new
library to meet the existing and future needs; and
WHEREAS, the City of Tustin has determined that the current library facility
is no longer adequate to service the current and projected Tustin Library service
area; and
WHEREAS, the City of Tustin has evaluated the existing library services
and the library needs of the community and concluded that removal of the existing
Tustin Library facility and development of a new single story facility is the best
approach to meeting the needs of the community; and
WHEREAS, on January 5, 2004 the Tustin City Council adopted Resolution
No. 04-07 authorizing submittal of a Library Bond Act Grant application and making
certain commitments as required by the Library Bond Act including but not limited to
payment of architectural and engineering service fees for plan and drawing
production for the library project; and
WHEREAS, the City issued a Request for Proposal for
architecturaVengineering services in the preparation of construction documents and
drawings for the Tustin Library project.
WHEREAS, the City desires the services of a Consultant to provide the
necessary professional architectural and engineering services in the production of
plan and production drawings for the Tustin Library project; and
WHEREAS, Consultant is qualified to provide the necessary services and
has agreed to provide such services; and
WHEREAS, Consultant has submitted to City a proposal, dated May 7,
2004, a copy of which is on file with the Tustin Community Redevelopment Agency
and is by this reference incorporated herein as though set forth in full here as the
"Proposal".
NOW, THEREFORE, in consideration of the premises and mutual
agreements contained herein, City agrees to employ and does hereby employ
Consultant and Consultant agrees to provide consulting services as follows:
-1-
1.
SERVICES OF CONSULTANT
1.1 Scope of Consultant's Services. In compliance with all
terms and conditions of this Agreement, the Consultant shall provide those services
specified in the City's Scope of Work attached hereto as Exhibit "A" Consultant
warrants that all services will be performed in a competent, professional and
satisfactory manner in accordance with all standards prevalent in the industry.
1.2 Order of Precedence. In the event of any inconsistency
between the Consultant's Proposal and Exhibit "A", the text of this Agreement and
Exhibits A, B C, and D shall govern.
1.3 Compliance with Law. All services rendered hereunder
shall be provided in accordance with all Federal, State of California laws, and the
ordinances, resolutions, statues, rules, and regulations of the City of Tustin and the
Tustin Community Redevelopment Agency.
1.4 Familiarity with Scope of Services. By executing this
Agreement, Consultant warrants that Consultant (a) has thoroughly investigated
and considered the work to be performed, (b) has generally acquainted itself with
the site of the work and conditions there existing and (c) has carefully considered
the means and methods for performance (d) fully understands the facilities,
difficulties, restrictions attending performance of the work under this Agreement.
Should the Consultant discover any latent or previously unknown condition
materially differing from those inherent in the work or as represented by the City,
Consultant shall immediately inform City of such fact and shall not proceed with any
work except at Consultant's risk until written instructions are received from the
Contract Officer.
1.5 Care of Work. The Consultant shall adopt reasonable
methods during the life of the Agreement to prevent loss or damage to materials,
papers and other components thereof to minimize losses of damages and shall be
responsible for all such damages until acceptance of work by City, except such
losses or damages as may be caused by City's own negligence.
1.6 Additional Services. In accordance with the terms and
conditions of this Agreement, the Consultant shall perform services in addition to
those specified in the Scope of Services when directed to do so in writing by the
Contract Officer, provided that Consultant shall not be required to perform any
additional services without additional, reasonable compensation. Any additional
compensation not exceeding ten percent (10%) of the original contract sum may be
approved in writing by the Contract Officer. Any greater increase must be approved
by the City Manager. Other applicable provisions for additional services are found
in Section 2.3 and 2.4.
1.7
Special Requirements. Additional terms and conditions of
-2-
this Agreement which are made a part hereof are set forth in Exhibits "A", "B", "C",
and "D" and are incorporated herein by this reference. In the event of a conflict
between the provisions of Exhibits "B", "C", "D", and any other provision of this
Agreement, including Exhibit "A", the provisions of Exhibit "B", "C", and "D" shall
govern.
2.
COMPENSATION
2.1 For the services rendered pursuant to this Agreement, the
Consultant shall be compensated in accordance with Exhibit "C" (attached).
2.2 Method of Payment. In any month in which Consultant
wishes to receive payment, Consultant shall, no later than the first (1 st) working day
of such month, submit to the City in a form approved by City, an invoice for services
rendered prior to the date of the invoice. City will pay Consultant for all expenses
stated thereon which are approved by City pursuant to this Agreement no later than
the last working day of said month.
2.3 ChanQes. In the event of any change or changes in the
scope of work requested by City, the parties hereto shall execute an addendum to
this Agreement, setting forth with particularity all terms of the Addendum, including
but not limited to any additional compensation to Consultant.
3.
PERFORMANCE SCHEDULE
3.1 Time of Essence, It is hereby understood and mutually
agreed that the time for completion of the work to be performed by Consultant is an
essential condition of this Agreement. Consultant agrees that it shall proceed
immediately and diligently to perform the services provided for in this Agreement
upon receipt of notice from City to proceed therewith.
3.2 Schedule of Performance. Consultant agrees that it shall
prosecute regularly and diligently the work of this agreement according to
reasonable schedules established by the City for the various Scope of Service
items described and as outlined in Exhibit "A" and "D" of this Agreement.
Consultant shall not be accountable for delays in the progress of its work caused by
any condition beyond its control and without the fault or negligence of Consultant.
Any delays shall not entitle Consultant to any additional compensation, regardless,
of the party responsible for the delay. Extension of any time period specified in the
Exhibit "D" must be approved in writing by the Contract Officer.
3.3 ProQress Report. Consultant shall provide City monthly
with a detailed itemization of all work performed to date, and a detailed itemization
of proposed work to be performed in the following month, thereon, in complete and
sufficient detail to fully appraise City thereof.
- 3-
3.4 Term. Unless earlier terminated in accordance with Section
7.7 of this Agreement, this Agreement shall continue in full force and effect until
completion of the services pursuant to the Schedule of Performance attached as
Exhibit "D".
4.
COORDINATION OF WORK
4.1 Representative of Consultant. The following
Representative of the Consultant is hereby designated as being the Representative
of Consultant authorized to act in its behalf with respect to the work specified herein
and make all decisions in connection therewith:
Mark Schatz
Field Paoli
150 California Street
yth Floor
San Francisco, CA 94111
It is expressly understood that the experience, knowledge,
capability and reputation of the foregoing Representative is a substantial
inducement for City to enter into this Agreement. Therefore, the foregoing
Representative shall be responsible during the term of this Agreement for directing
all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. The foregoing Representative may not be changed by
Consultant without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Christine
Shingleton, the Assistant City Manager unless otherwise designated in writing by
the Assistant City Manager. It shall be the Consultant's responsibility to keep the
Contract Officer fully informed of the progress of the performance of the services
and Consultant shall refer any decisions which must be made by City to the
Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition aQainst SubcontractinQ or AssiQnment. The
experience, knowledge, capability and reputation of Consultant, its principals,
employees, and subcontractors were a substantial inducement for the City to enter
into this Agreement. Therefore, Consultant shall not contract with any other entities
not identified in Exhibit B to perform in whole or in part the services required
hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by
operation of law, without the prior written approval of City.
4.4 Independent Contractor. Neither the City nor any of its
employees shall have any control over the manner, mode or means by which
Consultant, its agents or employees perform the services required herein, except
-4-
as otherwise set forth herein. Consultant shall perform all services required herein
as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role,
Consultant shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City.
5.
INSURANCE AND INDEMNIFICATION
5.1 Insurance. Consultant shall procure and maintain in full
force and effect, at its cost, and submit concurrently with its execution of this
Agreement, general liability and property damage insurance against all claims for
injuries against persons or damages to property resulting from Consultant's
performance under this Agreement. Consultant shall also carry workers'
compensation insurance, as in necessary to fully protect Consultant and its
employees in accordance with California Workers' Compensation Insurance and
Safety Laws to relieve City from all responsibility under said laws in connection with
the performance of this Agreement, and upon execution of this Agreement and
shall not be cancelable without thirty (30) days written notice to City of any
proposed cancellation.
The City's certificate evidencing the foregoing and designating City as an additional
named insured shall be delivered to and approved by the City prior to
commencement of the services hereunder. The procuring of such insurance and
the delivery of policies or certificates evidencing the same shall not be construed as
a limitation of Consultant's obligation to indemnify the City, its officers, and
employees. The amount of insurance required hereunder shall include
comprehensive general liability, personal injury and automobile liability with limits of
at least One Million Dollars ($1,000,000) combined single limit per occurrence and
professional liability coverage with limits of at least One Million ($1,000,000)
combined single limit coverage per claim or per occurrence for which certificate of
insurance or endorsements in a form satisfactory to the City have hereto been
delivered to City. Coverage shall be provided by Admitted Insurers with an AM.
Best's Key Rating of at least A VII. If Consultant provides claims made professional
liability insurance, Consultant shall also agree in writing either (1) to purchase tail
insurance in the amount required by this Agreement to cover claims made within
five years of the completion of Consultant's services under this Agreement, or (2) to
maintain professional liability insurance coverage with the same carrier in the
amount required by this Agreement for at least five years after completion of
Consultant's services under this Agreement. The Consultant shall also be required
periodically to provide evidence to City of the purchase of the required tail
insurance or continuation of the professional liability policy by executing the
attached letter agreement on Consultant's letterhead. Consultant shall perform all
services required under this Agreement using that degree of care and skill ordinarily
exercised under similar conditions in similar locations, and shall be responsible for
all negligent errors and omissions for services performed by Consultant under the
term of this Agreement.
-5-
5.2 Indemnification, The Consultant shall defend, indemnify
and hold harmless the City, its officers and employees, successors and assigns
from and against any and all actions, suits, proceedings, claims, demands, losses,
costs, and expenses, including legal costs and attorneys' fees, for injury to or death
of person or persons, for damage to property, including property owned by City,
and for errors and omissions committed by Consultant, its officers, employees and
agents, to the extent caused by Consultant's negligent performance under this
Agreement, except for such loss as may be caused by City's own negligence or
that of its officers or employees.
6.
REPORTS AND RECORDS
6.1 Reports. Consultant shall periodically prepare and submit
to the Contract Officer such reports concerning the performance of the services
required by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as
shall be necessary to properly perform the services required by this Agreement and
enable the Contract Officer to evaluate the performance of such services. The
Contract Officer shall have full and free access to such books and records at all
reasonable times, including the right to inspect, copy, audit and make records and
transcripts from such records.
6.3 Ownership of Documents. All drawings, specifications,
reports, records, documents and other materials prepared by Consultant in the
performance of this Agreement shall be the property of City and shall be delivered
to City within ten (10) business days upon request of the Contract Officer or upon
the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full
rights or ownership of the documents and materials hereunder. Consultant may
retain copies of such documents for its own use. Consultant shall have an
unrestricted right to use the concepts embodied therein.
6.4 Release of Documents. All drawings, specifications,
reports, records, documents and other materials prepared by Consultant in the
performance of services under this Agreement shall not be released publicly
without the prior written approval of the Contract Officer.
7.
ENFORCEMENT OF AGREEMENT
7.1 California Law, This Agreement shall be construed and
interpreted both as to validity and to performance of the parties in accordance with
the laws of the State of California. Legal actions concerning any dispute, claim or
matter arising out of or in relation to this Agreement shall be instituted in the
Superior Court of the County of Orange, State of California, or any other
-6 -
appropriate court in such county, and Consultant covenants and agrees to submit
to the personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its
contentions by submitting a claim therefore. The injured party shall continue
performing its obligations hereunder so long as the injuring party cures any default
within ninety (90) days after service of the notice, or if the cure of the default is
commenced within thirty (30) days after service of said notice and is cured within a
reasonable time after commencement; provided that if the default is an immediate
danger to the health, safety and general welfare, the City may take immediate
action under Section 7.5 of this Agreement. Compliance with the provisions of this
Section shall be a condition precedent to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the
dispute is not cured.
7.3 Waiver. No delay or omission in the exercise of any right or
remedy of a non-defaulting party on any default shall impair such right or remedy or
be construed as a waiver, No consent or approval of City shall be deemed to waive
or render unnecessary City's consent to or approval of any subsequent act of
Consultant. Any waiver by either party of any default must be in writing and shall
not be a waiver of any other default concerning the same or any other provision of
this Agreement.
7.4 RiQhts and Remedies are Cumulative. Except with respect
to rights and remedies expressly declared to be exclusive in this Agreement, the
rights and remedies of the parties are cumulative and the exercise by either party of
one or more of such rights or remedies shall not preclude the exercise by it, at the
same or different times, of any other rights or remedies for the same default or any
other default by the other party.
7.5 LeQal Action. In addition to any other rights or remedies,
either party may take legal action, in law or in equity, to cure, correct or remedy any
default, to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, a declaratory judgment or any other remedy
consistent with the purposes of this Agreement.
7.6 AssiQnment. Upon approval by City, the terms and
provisions of this Agreement shall extend to and be binding upon and inure to the
benefit of heirs, executors, administrators, successors and assigns of the
respective parties hereto.
7.7 Termination Prior to Expiration of Term. The City reserves
the right to terminate this Agreement at any time, with or without cause, upon thirty
(30) days written notice to Consultant, except that where termination is due to the
fault of the Consultant and constitutes an immediate danger to health, safety and
- 7-
general welfare, the period of notice shall be such shorter time as may be
appropriate. Upon receipt of the notice of termination, Consultant shall immediately
cease all services hereunder except such as may be specifically approved by the
Contract Officer. Consultant shall be entitled to compensation for all services
rendered prior to receipt of the notice of termination and for any services authorized
by the Contract Officer thereafter.
7.8 Termination for Default of Consultant. If termination is due
to the failure of the Consultant to fulfill its obligations under this Agreement, City
may take over the work and prosecute the same to completion by contract or
otherwise, and the Consultant shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the compensation herein
stipulated, provided that the City shall use reasonable efforts to mitigate damages,
and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed to City.
7.9 Attorneys Fees. If either party commences an action
against the other party. arising out of or in connection with this Agreement or it
subject matter, the prevailing party shall be entitled to recover reasonable attorneys'
fees and costs of suit from the losing party.
8.
CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
8.1 Non-Liability of City Officers and Employees. No officer or
employee of City shall be personally liable to the Consultant, or any successor-in-
interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or its successor, or for breach of any obligation
of the terms of this Agreement.
8.2 Covenants against Discrimination. Consultant covenants
that, by and for itself, its heirs, executors, assigns, and all persons claiming under
or through them, that there shall be no discrimination or segregation in the
performance of or in connection with this Agreement regarding any employ, person
or group of persons on account of race, color, creed, religion, sex, marital status,
national origin, or ancestry including but not limited to: employment, upgrading,
demotion or transfer, recruitment, or recruitment advertising, layoff or termination,
rate of payor other forms of compensation and selection for training, including
apprenticeship. Consultant shall take affirmative action to insure that applicants
and employees are treated without regard to their race, color, creed, religion, sex,
marital status, national origin, or ancestry.
9.
MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give to the other party or any
other person shall be in writing and either served personally or sent by pre-paid,
.8-
first-class mail to the address set forth below. Either party may change its address
by notifying the other party of the change of address in writing. Notice shall be
deemed communicated forty-eight (48) hours from the time of mailing if mailed as
provided in this Section.
To City:
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92780
Attention: Christine Shingleton,
ASSISTANT CITY MANAGER
(Contract Officer)
To Consultant:
FIELD PAOLI ARCHITECTS, INC.
150 California, yth Floor
San Francisco, CA 94111
Attention: Mark Schatz
9.2 InteQrated AQreement. This Agreement contains all of the
agreements of the parties and cannot be amended or modified except by written
agreement.
9.3 Amendment. This Agreement may be amended at any time
by the mutual consent of the parties by an instrument in writing.
9.4 Severability. In the event that anyone or more of the
phrases, sentences, clauses, paragraphs, or sections contained in this Agreement
shall be declared invalid or unenforceable by valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement,
which shall be interpreted to carry out the intent of the parties hereunder.
9.5 Corporate Authority. The persons executing this
Agreement on behalf of the parties hereto warrant that they are duly authorized to
execute this Agreement on behalf of said parties and that by so executing this
Agreement the parties hereto are formally bound to the provisions of this
Agreement.
- 9-
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
"City"
Dated:
City of Tustin, a municipal corporation
By:
William A Huston
City Manager
APPROVED AS TO FORM:
Lois Jeffrey
City Attorney
"Consultant"
Field Paoli Architects, Inc.
By:
Name Printed
-10 -
EXHIBIT "A"
SCOPE OF SERVICES
Professional Architectural and Engineering Services include the following:
Phase 1 - Schematic Desicin
The main thrust of the schematic design phase is work out all of the aspects of the
building plans to meet the program requirements, to develop the architectural
character of the building, and to establish the building systems.
The Consultant shall:
1. Conduct an Initial Coordination Meeting With City Project Team
A Describe role of each member of the Consultant's team,
B. Review the project goals and schedule including review of phasing and tasks
associated with first phase,
C. Determine a specific meeting schedule for the first phase.
2. Data Collection and Review of Background Information
A Review of State Library Bond Act documents submitted to the State Library
Construction office including but not limited to: the Needs Assessment, Final
Building Program, Plan of Service and Conceptual Design and Site plan.
B. Review and evaluate the proposed site through visual inspection and archive
document research to coordinate development of on-site infrastructure such
as electrical, mechanical, plumbing, communication, telephone and computer
systems. Asse$s all on-site and off-site development and utility needs
including identification of documentation of the existing utility configuration
and possible interference with or impact on proposed improvements. The
City will provide the site survey.
C. Identify and document all preliminary code information including incorporation
of applicable information on the title sheet of drawings including occupancy,
construction type, site and building access, any applicable seismic and
energy provisions, planning and environmental compliance information, and
any other code and all regulatory compliance measures, issues and approval
processes required to complete project.
D. Review and evaluate proposed site through visual inspection and archive
document research to coordinate deyelopment of on-site infrastructure such
Exhibit A - 1 -
as electrical, mechanical, plumbing, communication, telephone and computer
systems, Assess all on-site and off-site development and utility needs
including identification of the existing utility configuration and possible
interference with or impact on proposed improvements.
3. Confirmation of Conceptual Design Direction, Preparation of Design Alternatives
& Selection of a Preferred Design Approach
A Review existing conceptual design in detail in light of all data collection and
review of background information and identify any key issues.
B. Provide recommendation to accept current conceptual design's configuration
of building on site or generate conceptual design alternatives for
reconfiguration of the building on the site, subject to review and direction to
be provided by the City Project Team and Library Advisory Committee.
C. Review conceptual design's recommended configuration of spaces within the
building, coordinating with the City's Library Consultant, the City Project
Team, the Library Advisory Committee, and State Office of Library
Construction, As necessary, generate conceptual design alternatives for
reconfiguration of the conceptual design of spaces within the building, subject
to review and direction to be provided by the City Project Team and Library
Advisory Committee,
4. Schematic Design
Develop and prepare schematic design plans, sketches and drawings and
reports as necessary with continuing input by the Library Advisory Committee.
At this Phase of the Scope of Services, Consultant will be required to prepare
presentation quality colored site plan and floor plans, exterior elevations and
street level perspective renderings of the buildings. At least one formal
presentation to the Planning Commission and City Council will be required at this
stage of the Scope of Services. Work products shall be required to meet the
minimum requirements of the current State Library Bond Act regulations.
Schematic Design materials shall include the information which follows:
A Site Plan. Continue to refine the site plan showing the library building,
parking (including number of spaces and location of accessible parking), and
trees or other features, and access drives as well as any anticipated future
expansion of the building and parking. The site plan shall have a north
arrow. Property lines shall be shown clearly as determined by the boundary
survey completed as part of the grant application.
B. Floor Plans. Continue to refine floor plans of the spaces listed in the library
building program and identified by the area/space name assigned in the
Exhibit A - 2 -
library building program. Show all columns; identify all functional areas
including all non-assignable spaces.
C. Furniture and Equipment Plan. Prepare a preliminary furniture and
equipment plan that identifies all furniture and equipment based on the library
building program. The furniture and equipment plan shall be a computer-
generated drawing, drawn to scale. Show all columns and coordinate with
the floor plan, Show critical dimensions for the following: overall dimensions,
dimensions between columns, dimensions for exiting and access
compliance, and other dimensions that demonstrate the required quantity of
furniture and equipment will fit into the proposed building, and allow for full
code compliance and functioning of the facility, .
D. Assignable Square Footage Tabulation. Refine the tabulation of the
assignable square footage for each area called for in the final library building
program compared to the assignable square footage shown on the
schematic level floor plan,
E. Collection Tabulation. Complete, in coordination with the Orange County
Public Library (OCPL), a tabulation of the number of books, magazines, and
audio-visual materials called for in the library building program compared to
the number of books, magazines, and audio-visual materials that can be
housed given the proposed furniture and equipment plan. The tabulation
shall also provide the conversion factors utilized (books per double-faced
unit, or books per linear foot).
F. Technology Workstations Tabulation, Refine tabulation of the number of
technology workstations by area called for the library building program
compared to the number of technology workstations shown on the furniture
and equipment plan.
G. Readers' Seats Tabulation. Refine tabulation of the number of readers' seats
by area called for in the library building program compared to the number of
readers' seats shown on the furniture and equipment plan.
H. Exterior Elevations. Complete elevations of all four sides of the building
showing general locations of openings, roof lines, grade lines.
I. Roof Plan. Complete a roof plan showing roofing material, roof slope and
direction of slope; roof overhangs and major elements and their relationship
to the exterior wall of the building.
J. Building Sections. Complete two sections through the building, one
longitudinal and one latitudinal.
Exhibit A - 3-
K. Engineering Plans and Specifications, Submit schematic design plans or
written scope descriptions in detail for the following:
(1) Civil: on-site and off-site utilities, fire protection, drainage, paving and
grading.
(2) Structural: basic structural materials and systems, analyses, and
development of design solutions.
(3) Mechanical: energy source, heating, ventilàting, and air conditioning
(HVAC) , conservation, plumbing, fire protection, security systems.
(4) Electrical: power, data, communication, lighting, fire and security systems,
and general space requirements,
L. Landscape Plans and Library Plaza Area. The Consultant shall submit
conceptual design solutions for land forms, lawns and plantings based on
program requirements, physical site characteristics, design, and
environmental objectives.
M, Outline Specifications. Refine outline specifications describing the type and
quality of building systems, basic components, and components unique to
the project consistent with the completed schematic design level of plans and
drawings. Outline specifications for the appropriate engineering disciplines
identified in "K" above. Prepare proposals for networks, library technologies
and information technology systems.
N, Preliminary Construction Cost Estimate. Prepare an independently verified
schematic design opinion of construction cost estimate consisting of a
projected cost for the construction project based on the most recent
schematic design studies, current and historic volume, or other unit costs.
The estimate shall include an assemblies (or CSI format) estimate summary
and the cost of all major project components and also provide cost saving
measures.
O. General Items
(1) Develop project parameters in concert with the Library Advisory
Committee including representation from the Orange County Public
Library (OCPL) and their recommendations and concerns. During this
Phase it is envisioned that no more than 5 meetings with the Library
Advisory Committee and one community meeting would be held, In any
event, the Consultant will be required to continue to confer and meet with
the City Project Team and Contract Officer on construction system
components preferences, scheduling, bidding and contracting strategies
as determined necessary by the Contract Officer.
Exhibit A - 4-
(2) Meetings. Meet as needed with Contract Office and Project Manager and
appropriate designated advisory committee(s) to review the progress on
development of required submittals to resolve technical questions and to
review submitted documents.
(3) Assist City in discussions with the State Office of Library Construction to
determine if review of the products anticipated under the Scope of
Service at each Phase would be accomplished by State under a cost
reimbursement arrangement with the City to ensure that the City can
proceed with progress on design while maintaining a close working
relationship with the State prior to any future Library Bond Act
authorization.
Consultant shall not proceed to the next phase in the scope of work unless
expressly authorized in writing by the Contract Officer.
Phase 2 - DesiCin Development Plans and Specifications Review
The Consultant shall:
1, Project Parameters and Schedule
A Continue to develop project parameters in coordination with the City. Confer
with the City Project Team and Orange County Public Library on construction
system component preferences, scheduling, bidding and contracting
strategies.
B. Prepare in this phase of the Scope of Services, all data and information
necessary to comply with review agencies and city permits and land use
requirements within the project schedule.
C. Research and analyze all applicable codes to ensure compliance.
2. Design Development Plans
A. Prepare the design development (preliminary) drawings and preliminary
specifications. Plans shall be prepared on a CAD system acceptable to the
City and submitted to the City on the maximum sheet sizes required by
standard City requirements, or other size approved by the City. All text
documents shall be prepared on electronic files capable of being opened and
fully compatible with Microsoft Word and also submitted to the County in hard
copy on 8 y" "X 11" pages. The preliminary design submittals shall include all
Exhibit A - 5 -
information required in this phase and all requirements under the current
Library Bond Act regulations for this Phase of work.
B. Site Plan. Provide a site plan showing all buildings dimensioned from
adjacent structures or other critical site features, datum elevations at all
entries, street lines and grades, property lines, required setbacks,
easements, parking, sidewalks, preliminary site and exterior building lighting
scheme with identification of fixture types, and routing of sewer, water, gas
and other utilities, site detailing showing typical external elements.
C. Floor Plans. Provide floor plans showing complete functional layout, room
designations, all major dimensions, all critical dimensions, and all columns.
D. Exterior Elevations. Provide elevations showing full-height facades, type and
extent of exterior finishes, all openings including fenestration, and overall
vertical building heights related to established building datum. Indicate
treatment of visible mechanical equipment and abutting topography and
grade relationship.
E. Roof Plan. Provide a roof plan delineating roofing materials, direction and
slope of roof; relationship of exterior wall to roof, overhangs and covered
areas; mechanical equipment areas and screening; and location and major
dimensions for major roof elements,
F. Building Sections. Prepare at least two building sections (one longitudinal
and one latitudinal) showing the overall building solution with typical wall
construction, foundation, parapet design, insulation methods, window,
mechanical penetrations impact, relationship of various levels, floor to ceiling
heights, and ceiling height and bookstack height coordination anticipating
code compliant fire sprinkler installation.
G. Details. Prepare detail sheets showing key conditions, such as window and
frame types, frame and door types, typical wall types, non-typical design-
related detailing.
H. Interior Elevations. Prepare interior elevations showing typical and special
spaces, and any built-in cabinetry or counter items. These drawings shall be
of pre-final quality adequate to convey design intent. Basic dimensions shall
be delineated, along with casework, counters, and other built-ins with heights
and depths shown.
I. Reflected Ceiling Plan. Prepare a reflected ceiling plan integrated to show
structural, mechanical, and electrical impacts, including low voltage systems,
e.g., security, audio-visual and public address system speakers.
Exhibit A - 6-
J. Schedules. Prepare schedules which are to be non-repetitive and
comprehensive with keying to floor plans and elevations; pre-final interior
finishes, frame and door, window and glazing, and preliminary hardware.
K. Furniture, Furnishings, and Equipment Plan. Prepare a shelving, furniture,
furnishings, and equipment plan with any special interior design features,
Preliminary documentation of materials, finishes, and colors including
submittal of fixture cuts for all pieces of equipment shall be included in the
design,
L. Signage Schedule and Plan. Prepare a signage schedule and plan
indicating the size, type and nomenclature of all interior signs.
M. Assignable Square Footage Comparison. Prepare a tabulation of the
assignable square footage for each area called for in the final library building
program compared to the assignable square footage shown on the floor plan,
Any changes from the accepted schematic plans shall be highlighted.
N, Engineering Plans and Specifications. Prepare the following:
(1) Civil: Grading, drainage, and preliminary details for on-site and off-site
work.
(2) Structural: Basic structural system and dimensions, structural and
foundation design criteria, and preliminary sizing of major structural
components.
(3) Mechanical: Preliminary equipment and duct layout, approximate
equipment sizes and capacities, required space for equipment, chases,
and clearance coordination with structural, acoustical and energy
conservation measures, and visual impacts,
(4) Plumbing: Preliminary plumbing lines routing within the building, point of
entry of water, gas, storm drains, and sewer to building and preliminary
details.
(5) Electrical: Electrical plan. Preliminary lighting plan and fixture schedule,
single line diagram, preliminary power, data, and communication plans,
security and fire alarm plans, and low-voltage plans.
a. Lighting System Plan. Lighting system plan overlaid on the
furnishings, equipment, and sign age plan. Show all sources of
artificial illumination with a legend that indicates the type of light
fixture,
Exhibit A - 7-
b. Catalog "Cut" Sheets. Catalog "cut" sheets for each lighting fixture
showing the fixture configuration, type and lens. The cut sheets must
be keyed to the legend on the plans for quick identification.
c. Electrical and Data Distribution Systems Plan. Electrical and data
distribution systems plan overlaid on the furnishings, equipment, and
signage plan. Show all service panel boards, power outlets,
telephone, data communication outlets, and audio-visual outlets with a
legend that indicates the type of outlets, Also, include locations of
book detection gates and security system components (surveillance
cameras, motion and glass break detectors, magnetic door contacts,
and card access system readers), and public address system speaker
locations,
(6) Landscape and Library Plaza Plan: Preliminary planting and irrigation
plans with preliminary details.
O. Draft Specifications. Complete draft specifications including comprehensive,
abbreviated descriptions of size, character, and quality of methods, materials,
and systems. Coordinate specifications with the drawings. Use Construction
Specifications Institute (CSI) format with applicable section numbers. Include all
engineering specifications and special or supplementary conditions specific to
the project.
P. Detailed Construction Cost Estimate. Prepare a Detailed and independently
verified design development opinion of Construction Cost Estimate and
Summary refining the Preliminary Construction Cost Estimate of the project. The
following shall be shown: (1) a breakdown for each major area of construction
work in CSI/UCI 16 division format; (2) all estimates shall include individual item
unit costs (materials, labor and equipment); quantities and total quantity costs;
(3) sales tax; general contractor's construction indirect costs (general conditions,
overhead and profit; subcontractor's mark-ups shall be listed separately); (4) the
estimate shall separate the Project's building costs from site and utilities costs
and include all on-site and off-site improvements. The opinion shall identify
construction cost escalation and design contingency amounts, which must be
approved by the City prior to their inclusion in the opinion. The opinion shall also
assume a competitive bid process.
Q. General Items
1, Prepare applications, and assist the City in submitting applications and
expediting agency review processing as may be required for this project.
This will include developing all data necessary to complete applications and
the processing of a conditional use permit and zone change (if required) for
the site development, environmental documents (if required), site plan and
Exhibit A - 8 -
design review and building permits. Provide necessary document printing as
needed for required application submittals.
2. As directed by the Contract Officer, attend, participate and make graphic and
oral presentations at all public hearings on the project. Prepare color
renderings of the site plans, elevations, birds-eye perspective of full facility
and ground level entry perspective,
3. Review and explain in both verbal and written manner, if requested, the full
detail of all elements to be included in the project with the Project Manager,
project committed and advisory committee and with the Department of Public
Works and Community Development Department.
4. It is anticipated that the Consultant will be required to attend a maximum of 5
Library Advisory Committee Meetings and attend and participate in no more
than 3 public meetings.
5. Continue to incorporate into the design in each succeeding phase of the
work, any changes identified for the project approval of the design
development at no additional cost to the City including any comments, if
appropriate, from the State Library Bond Act staff.
6. Coordination Meeting. Continue to meet with the City Project Team and
Library Advisory Committee (recognizing that Consultant may be required to
attend no more than 5 Library Advisory Committee meetings), as necessary
to confirm project parameters; review and respond to any City comments on
draft transmittals; review of the project cost estimate, and any value
engineering proposals, and to obtain feedback and specific direction on any
modifications to the basic design. In any event, the Consultant will be
required to continue to confer and meet with the City Project Team and
Contract Officer on construction system components preferences,
scheduling, bidding and contracting strategies as determined necessary by
the Contract Officer.
Consultant shall not proceed to the next phase in the Scope of Service unless
expressly authorized in writing by the Contract Officer.
Phase 3 - Construction Documents
The Consultant shall:
1. Prepare and Complete a Full Set of Construction Documents
Exhibit A - 9 -
A. Prepare a complete set of construction documents including contract
language, along with all other documentation and specifications required as
part of the bid package.
The "complete set" of construction documents shall include at a minimum the
following: (I) all drawings and specifications; structural calculations; (ii) energy
load calculations in accordance with the Building Code; (iii) contract
language, along with all other documentation required as part of the bid
package, as may be modified by the City; (iv) preparation of electronic CAD
files on a CAD system acceptable to City as well as a hard copy set with the
maximum size sheets for drawings to be approved by the City with all
technical specifications to be on 8 y,," by 11" pages; (v) all building systems
must be delineated fully to illustrate their proposed scope and functions; (vi)
well defined construction requirements shall be addressed, including
Consultant recommended and City approved bid alternatives as appropriate
to assure competitive construction bids; (vii) schedule of construction that
sequences the work to be preformed by a selected contractor. The City's
Project Team shall review and approve the schedule prior to completion of
the final construction documents. All construction specifications shall be
prepared in the CSI/UCI division format that is fully compatible with Microsoft
Word.
In addition to the technical specifications, Consultant shall also prepare
supplemental or special conditions for the construction contract, including a
Health and Safety Plan. The City will work with the Consultant to package
Consultant's documents consistent with the City's approved General
Conditions, Notice to Contractors calling for bids, the Bid Form, and related
documents to complete the construction contract and bid specifications
subject to final review and approval by the Project Team, including the City
Engineer and City Attorney.
B. Progress Reviews
(1) During preparation of full construction documents, Consultant shall issue
progress drafts of documents for review by the City at 30% completion,
60% completion and 95% completion.
(2) Consultant shall review, comment and/or make recommendations on the
form and content of the City's general conditions, special conditions and
bid form as they apply to the project for review and approval by the
Project Team, including the City Engineer and City Attorney.
2, Construction Cost Estimates. Consultant shall provide to the City three cost
estimates during this Phase.
A. First Cost Estimate - Consultant shall prepare cost estimate at 60% of
completion of construction documents.
ExhibitA-10-
B. Second Cost Estimate - Consultant shall prepare cost estimate at 90% of
completion of construction documents. The second cost estimate shall be to
make necessary modifications prior to bid.
C. Third and Final Cost Estimate - Consultant shall prepare a detailed Final
Construction Cost Estimate and Summary for the base bid work and
alternative bid items. This Estimate and Summary shall be prepared in
CSI/UCI 16 division format, updating and fining the detailed construction cost
estimate, including: (1) individual line items, unit costs; (2) sales tax.
3. Plan Check Submittal. Consultant shall submit a 95% construction document
package to the City and appropriate special agencies/districts for plan check; b)
make corrections in response to plan check comments or incorporate comments
by City and other agencies into the 100% construction document package,
4. Presentation. Consultant to present the final plans and cost estimate to the
Library Advisory Committee and City Council for approval to issue for bid.
5. Generalltems
A Meet with Library Advisory Committee and City Staff. Consultant shall
review the construction documents, the estimates, and review the status of
the Scope of Services including the remaining phases and tasks. It is
anticipated that the Consultant will be required to attend a maximum of 5
Library Advisory Committee Meetings, In any event, the Consultant will be
required to continue to confer and meet with the City Project Team and
Contract Officer on construction system components preferences,
scheduling, bidding and contracting strategies as determined necessary by
the Contract Officer.
B. Impact of Design Issues on Project Budget. Consultant shall monitor and
keep City informed regarding the impact of design issues on the project
budget. Upon request of the Project Team, Consultant shall incorporate into
the design such reasonable changes as the City deems appropriate as a
result of City review processes and impact on the project budget or opinion of
probable construction costs.
C. Testing and Quality Assurance Program. Consultant shall develop the scope
for independent testing and a quality assurance program for the project.
Consultant shall not proceed to any next phase in the scope of work unless
expressly authorized in writing by the Contract Officer.
The following Phases 4- 6 will not proceed without an Amendment to the
Exhibit A - 11 -
Consultant Services Agreement.
Phase 4 - Biddina and Award
The Consultant shall:
1. Pre-Bid Solicitation
A Complete Sets of Construction Documents, Within time frames identified by
the City and prior to advertising date (which date shall be determined by
City), Consultant shall deliver to City the final completed and approved
original drawings and specifications along with the number of copies
identified by City for distribution of bid sets to interested contractors. The
original drawings and specifications index sheet shall be stamped by a seal
with the Consultant and associated sub-consultants license numbers and/or
signed in accordance with the California Business and Professions code and
have been also stamped or signed approved by all applicable regulating
agencies and the City Engineer.
B. General and Specialty Contractors. Consultant shall submit to City a list of
general and specialty contractors for City to contact in soliciting bid
proposals, as well as any recommended outreach to publications.
C, Conforming Set. Consultant shall reissue the construction documents,
incorporating items from any issued addenda which may include but would
not be limited to previous items from plan check comments.
2. Pre-Bid Process
A Responses to Bidder Questions and Issuance of Addenda. City will require
Consultant to respond to written questions from the bidding contractors and
sub-contractors, under City's letterhead and upon approval of any responses.
In the event the need arises or if additional information or supplemental
addendum drawings and other documents are required to clarify the scope of
the project being bid, the Consultant will prepare any draft addendum,
addendum drawings or supplemental information required for City review,
approval and issuance.
B. Pre-Bid Meeting. Consultant will participate in one pre-bid meeting for
interested contractors, and will present the design and documents to the
proposing contractors at the meeting. Consultant may be asked to assist in
other items needed for the Pre-Bid meeting.
3. Evaluation and Awarding of Bids. Consultant shall assist City and participate in
reviewing and evaluating base bids and alternative bid items received, including
ExhibitA-12-
preparation of an abstract of bids and recommendations for award of a contract.
Consultant, at request of City shall be required to analyze variances between the
approval estimate and the apparent lowest responsible bid received prior to the
City's preparation of the award bid agenda item for City Council approval,
including reference checking of the apparent lowest responsible bidder.
4. As requested by City, assist in award notification to successful bidder and
notification of unsuccessful bidders, solicitation of subcontractor information from
successful bidder, review of construction schedules, etc.
5. As requested by City, delete or otherwise change portions of the construction
work if the lowest bid proposal of the proposed construction contract exceeds the
City approved opinion of probably construction cost (this includes the design
contingency amount approved by City), and if the City rejects the bids. In such
event, the Consultant shall revise the plans and specifications to comply with
such modifications and also shall assist the City in rebidding, all at no cost to the
City. Such modifications shall be completed on a time schedule commensurate
with the scope of change as shall be determined by the Contract Officer.
Consultant shall not proceed to the next phase in the scope of work unless
expressly authorized in writing by the Contract Officer.
Phase 5 - Construction Administration
The Consultant shall:
1. Pre-Construction Conference. Invite the successful bidder, Project Team
Members and Conduct a pre-construction conference including written
documentation of said meeting and any follow-up or action items identified at the
meeting.
2. Assistance in Monitoring and Documenting Construction Progress. Assist the
City in monitoring and documenting the project's construction progress for
quality, cost and liability control. Coordinate with the City and Orange County
Public Library (OCPL) in: a) review of payment requests; b) completion of
necessary quality control testing; c) informing the City and OCPL of project
progress and problems; (d) providing a final consultant project inspection and
complete associate certificates. Activities are anticipated to include those tasks
which follow:
3. Monitor construction staking, prqvide horizontal and vertical control
4, Provide monitoring and documentation of construction progress on a regular
basis, confirm conformance with schedules, plans and specifications, measure
and document construction pay quantities, document significant conversations or
situations, document input or visits by local authorities, etc. Based on
Exhibit A - 13 -
Consultant's visits to the site, Consultant shall keep City informed through written
progress reports and photographs as to the progress of work, shall endeavor to
advise the City of defects and deficiencies observed in the working of
contractors, and may recommend that the City reject work as failing to conform
to contract documents.
5. Review all contractor cost proposals for change orders, submitted supporting
documentation, calculations and opinion of probability of construction cost,
process changer orders and supplemental agreements if required, once
approved by City and by any agency's requiring approval. Where a change
order arises as result of a negligent error, act, or omission of Consultant, the
Consultant shall not be compensated as an extra service for time spent or cost
incurred in efforts connection with the correction thereof. Any changes to the
construction contract shall be made only with the written City approval.
6, Prepare and submit inspection reports.
7. Recommend to City, thorough appropriate certificates the amount owing the
contractor after review of contractor's monthly payment requests based on
observation of the progress of construction and the contractor's application for
payment. Such certificates shall construct a representation to the City that the
work has progressed to the point indicated and that to the best Consultant's
knowledge, information and belief, the quality of the work is accordance with the
contract documents.
8, Conduct necessary quality control testing.
9. Conduct and document periodic wage rate interviews.
10, Make recommendations to the City on all claims of the City or contractor and
other matters relating to the execution and progress of work, including
interpretation of Consultant's contract documents.
11. Within the time frames requested by City, respond with information or drawings
needed from Consultant in order to clarify the intent of the construction contract
plans and specifications of the project. It currently estimated unless there is a
more urgent response needed to a submitted or request for information, as
determined by the City in its sole discretion and communicated to Consultant,
Consultant will have 10 working days for review, and with an additional 5 working
days should sub-consultant review be required.
12. Conduct a project inspection with City personnel and other appropriate agencies
and the contractor as necessary and determine based on such inspections the
dates of substantial completion and final completion and recommend to the City
its acceptance of the work for the filing of the notice of completion and the
issuance of the final certificate of payment.
Exhibit A - 14-
13. Conduct a project review and evaluation of all building systems, mechanical,
plumbing, security, electronics, public address systems, fire alarm, and
maintenance staff orientation for the completed project.
14. Consultant and its interior designer sub consultant shall verify, prior to and during
installation of library furniture, equipment and shelving that the furniture,
equipment and shelving provided and its installation meets the design plans and
specifications.
15. General Items- it is estimated that the frequency of job-site meetings will be bi-
weekly, unless unusual or special circumstances and construction issues require
more frequent attention by the Consultant.
Consultant shall not proceed to the next phase in the scope of work unless
expressly authorized in writing by the Contract Officer.
Phase 6 - Post Construction and Record Documents
The Consultant shall:
1. Review all as-built documents. Prepare as-constructed record drawings,
transferring all record drawings into electronic files that are provided to City and
prepare a final project report. The completed record drawings set shall remain at
all times the property of the City. Changes shall identify the date change and its
source, such as from an appenda, change order or clarification. Make one Mylar
reproducible set of record drawings and make one record print set and deliver
both record drawings and prints to the City. Consultant shall retain responsibility
for the accuracy of information provided either by the Contractor or by the
construction inspection for transfer to record drawings. All construction plans
shall also be prepared in a CAD system and shall be furnished and delivered to
the city on either CD-ROM or DVD (i.e. with format to be determined by the City)
as may be requested by the City. Final Plans and specifications are the property
of the City and can be used by the City at its discretion.
2. Review of Operations Manuals. Review and forward to the City and
appropriated agencies four (4) copies and an electronic version on a designated
electronic media the Operations and Maintenance manuals to furnished by
contractor in a Microsoft Word or Adobe Acrobat PDF format.
3. Inform the City and OCPL of all written guarantees required of the contractor by
Consultants; technical specifications or special conditions.
Exhibit A - 15-
EXHIBIT "B"
SPECIAL REQUIREMENTS
1. The firm of Field Paoli Architects, Inc, ("Consultant") represented by Mark
Schatz, Principal shall act as principal in charge of the project and shall will
be responsible for the completion of the Scope of Services identified in Exhibit
A and compliance with all Agreement provisions. Mark Schatz shall maintain
an active, hands-open role through the course of the project, including
participating during the design and construction phase, assuring terms of the
contract are met, reviewing all documents, and facilitating presentations and
meetings.
Additional Field Paoli staff identified to participate in the project and their roles
include the following:
. Steve Lovell, AlA - Lead designer and project architect.
.
. Paul Cooper - Coordinating and managing construction documentation
process, establishing working schedules and budgets and technical
aspects of the project, acting as construction administrator during the
construction phase, with back-up for Mark and Steve.
.
. Danielle Sergent, Associate - Will lead interior design efforts, and
contribute to overall design effort.
It is recognized that Consultant will be supported by a number of sub-
consultants in completion of Consultant's Scope of Services. Pursuant to
Section 4.3 of this Agreement, the City hereby authorizes Consultant to
subcontract for certain portions of the technical work required by their Scope of
Services with the following firms:
Exhibit B-1 -
2, Consultant shall utilize those professional personnel and sub-consultants to
perform services required under this Agreement as identified here No
substitution shall be made without the advance written approval of the Contract
Officer, after review of the proposed replacement's experience and
qualifications with a written explanation of the necessity for the change. No
increase in the compensation or reimbursable salary rates will be allowed when
personnel or firm substitutions are authorized.
3. Consultant shall remove and replace project personnel or subconsultants
assigned to project personnel or subconsultants assigned to project who do not
perform assigned duties in a manner satisfactory to the Contract Officer.
4. Meeting with City representatives on a regular basis during the tenure of the
contract is critical; therefore, the Consultant shall be required to meet with the
Contract Officer, City Project Team and other City representatives as
determined necessary by the City to discuss elements of the Scope of
Services, to resolve issues and to ensure that the project is proceeding
pursuant to this Agreement.
5, Consultant shall present to City certificates of insurance and endorsement forms
verifying that the Consultant has the insurance as required by this Agreement.
Said forms shall be reviewed and approved by the office of the City Attorney of
the City of Tustin. .
6. If the Contract Officer determines that a product deliverable is unacceptable,
either before or after a draft or final draft is issued, the Consultant shall submit a
revised report or product at Consultants' expense.
7, Monthly progress reports shall be submitted by Consultant with billing requests.
At minimum these reports shall specify for the period reported tasks completed,
tasks underway, percent of project completion and strategies to solve any timing
delays. All progress reports must be signed by Consultant's principal in charge
Exhibit B . 2 -
of the Scope of Services.
8. Field Investigation necessary, the Consultant shall obtain necessary field data
and make investigations and studies necessary to properly accomplish the work
required by this Agreement.
9. Consultant shall comply with all applicable federal, state and local laws
applicable to its activities.
Exhibit B-3 -
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Compensation
1, As compensation for the Consultant's services under this Agreement, the City
shall pay the Consultant a not-to-exceed fixed base fee amount of $959,430 and
a not-to-exceed budget for expense reimbursements not to exceed $40,370 for
Phases I, 2 and 3 as shown below and consistent with all provisions contained
herein, Consultant agrees that the Scope of Services of Phases 4, 5, and 6 are
not being approved with this Agreement but would require an amendment
authorization and budget appropriation. In the event of such an amendment, the
City shall pay Consultant and Consultant shall agree to a not-to-exceed
additional fixed amount of $336,595 and a not-to-exceed budget for expense
reimbursements not to exceed $23,561 for Phases 4, 5, and 6. The base fee
shall include all services of Consultant and its approved sub-consultants.
Consultant shall not charge to the not-to-exceed base fee for each phase more
than a 10% mark-up on any subconsultant costs.
Initial Scope of Services
Phase Description of Base Fees for Reimbursable
Phase Each Phase Budaet'
Phase Schematic $ 173,888 $ 6,825
1 Desian
Phase Design 261,599 10,365
2 Development
Plans
Phase Construction 523,943 23,380
3 Documents
TOTAL $ 959,430 $ 40,370
Exhibit C - 1 -
Subsequent Scope of Services
Phase Description of Base Fees for Reimbursable
Phase Each Phase Budget
.
Phase Bidding and Award $ 51,753 $ 3,622
4
Phase Construction 251,971
5 Administration 17,638
Phase Post Construction 32,871 2,301
6
TOTAL $ 336,595 I $ 23,561
Expense Reimbursement
2, The Consultant's not-to-exceed compensation for services under the Agreement
also includes a reimbursement for miscellaneous expenses. An estimate of
these reimbursable expenses by Phase is provided above. However, the
Consultant may request reimbursement of amounts greater than identified by
individual Phase but total compensation for expense reimbursements shall in
any event be limited to the total reimbursable budget in Phases I, 2, and 3 of
not-to-exceed $40,370 and in any supplemental amendments for services in
Phases 4,5 and 6 of $23,561. The City shall reimburse Consultant for direct
expenses such as and including postage, telephone charges, and Consultant
travel subject to the following restrictions:
A.
Expenses for air travel shall be standard, economy class only;
B.
Itemized payment statements shall set forth in detail all actual
reimbursement expenses during the proceeding month.
Compensation for Additional Services
3. In the event that the City desires Consultant to proceed with Phases 4, 5, and 6,
or any other service not described in Exhibits A and B; said services shall first be
approved in writing by the Contract Officer. Any written approval for work under
Exhibit C - 2-
Phases 4, 5 and 6 shall be consistent with the compensation amounts shown
above for such services. Consultant shall be compensation at the Consultants
standard hourly rate for professional services, plus reimbursement of expenses
for other services or a fixed amount agreed to in writing by City and Consultant.
Method and TiminQ of Payments
4. Payments will be made monthly based on services provided as shown in Exhibit
A, and as identified by Phases and not to exceed the maximum compensation
amounts by phase for the base fees as shown above. All requests for payment
shall be based on identified tasks in the Scope of Services and Base Fee
compensations schedule shown above.
5. The Consultant shall indicate on all monthly invoices the tasks being billed
against, the percentage of that task completed by phase, the original base fee
amount for specific tasks and phases, and the amount billed to date. All requests
for reimbursable expense reimbursements shall identify the specific
reimbursable expense for which billing is submitted and provide all back-up
information on these expenses, and the amount of remaining reimbursable
budget against that phase.
a. All costs are included in this contract. No additional costs, without
authorization of the Contract officer, shall be invoiced. Any special costs
for service necessary to complete the Scope of Services as shown in
Exhibit A shall be included in the maximum contract price for document
preparation, as shown in Exhibit A.
b, Additional services and approved change orders shall be compensated
only to the extent the Contract Officer first has authorized such additional
services, change orders and appropriate costs in writing.
Exhibit C - 3-
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
The schedule of performance for the Scope of Services for Phases 1-3 is outlined on
Page D-2, In the event of an approved Consultant Services Agreement Amendment
to add Phases 4, 5 and 6, the agreed upon Schedule of Performance is shown for
information.
The "start date" for the schedule of performance is agreed to be the date this
Agreement is executed by City. The weeks shown on the attached schedule of
performance shall be determined from the "start date"
Exhibit D - 1 -