HomeMy WebLinkAbout09/20/1994, 7 - HEADQUARTERS FIRE STATION RENEGOTIATED CONTRACT I ni�) 8(n:.ear
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city o san lui s OBISPO MEETING DATA,. Sept. 20, 1994
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COUNCIL AGENDA REPORT 107
FROM: Robert F. Neumann, Fire Chief Q
SUBJECT: Headquarters Fire Station Renegotiated Contract
CAO RECOMMENDATION
By motion, authorize the Mayor to sign a renegotiated architectural contract with the firm of
Richmond Rossi and Montgomery (RRM) in the amount of $242,137.
DISCUSSION
In mid-August staff received two very important communications regarding the replacement of the
Headquarters Fire Station.
■ The City has been successful, pending a number of conditions, in its grant application for
$610,998 from the State's Earthquake Rehabilitation Act. One of the key conditions is that
the project design work be completed by April 1, 1995, and that the project is awarded to a
general contractor by May 15, 1995.
■ The project architect, Ross Levin MacIntyre and Varner (RLMV), notified the City on
August 15, 1994, that they were declaring bankruptcy and had ceased work on the project.
Upon learning of the closure of RLMV, staff reviewed the Council Agenda Report of July 21, 1992
to ascertain who might be potential awardees of a new contract. After reviewing the list consistent
with the City's purchasing guideline, staff contacted the second and third position local firms,
Richmond Rossi and Montgomery (RRM) and BFGC Architects Planners, Inc. (BFGC), and
requested them to review the existing contract with the idea in mind of continuing the project.
Upon closer inspection and further discussion with the two architects and the City's construction
manager (VANIR), staff realized that a number of significant issues would need to be clarified
before it would be possible for a new firm to bid the remainder of the work required. These issues
included: finalizing both floor and site plans, resolving right-of-way issues, structural design
problems, and conferring with the City's Building Official to clarify issues on energy-management
and Federal Handicap Access requirements. Staff requested RRM, based on its #2 ranking, to
resolve these issues with a $5,000 work order using industry established rates. The completion of
this work allowed staff to then request bids on the project from a rational and legitimate set-point.
Once a set-point for taking over the project was established, BFGC and RRM promptly returned
proposals for completing the work. Based on our review of the proposals, staff is recommending
that RRM be awarded the remainder of the contract.
Time has now become a critical issue in this project. Failure to meet the State's time-lines
jeopardizes the entire grant amount, which represents approximately 30% of the total construction
cost. VANIR has had numerous projects that have been funded under similar grants. They report
that the State provides no leniency for missed deadlines; therefore, staff has moved aggressively in
this regard. The new recommended contract, as the original RLMV contract, contains
anacceleration clause (valued at $11,400) to ensure that the State's April 1st deadline is met.
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1111111111111111111112111�IIII Clay Of San LUIS OBISPO
COUNCIL AGENDA REPORT
On September 7, 1994, staff was advised that the deadline for submittal to the October 3, 1994,
ARC meeting was Monday, September 12, 1994. This was a critical date for ARC review if the
project design was to remain on schedule for completion by April 1, 1995. Based on the critical
time-line, and after careful review of the architect proposals, the Fire Chief directed RRM, working
with another $5,000 limit to meet the ARC deadline of September 13, 1994. Funds expended by
this action are within the scope of the recommended contract, and the award of another $5,000 is
within approval authority of a Department Head. If Council should not concur with staff's
recommendation, the work is still applicable to the project and will be reflected by a reduction in
any new contract. This decisive action was taken so as to not jeopardize the $610,998 grant by
delaying the project due to a missed deadline.
Other issues related to the bankruptcy of RLMV are:
■ The City has received stop work orders from two sub-contractors involved in the project.
Staff has contacted all the other sub-contractors involved in the project and is aware of a
pending third stop work order. The outstanding debts, which are the sole responsibility of
RLMV, total approximately $16,000. The possibility does exist that the sub-contractors,
who are vital members of the project design team and who will be retained by the new
architectural firm, may attempt to delay earlier work completed but not paid for, thereby
slowing the project. Staff has directed the new architectural firm to develop new sub-
contractor contracts which are written specifically to prohibit this from happening.
■ The new recommended contract has a number of minor changes regarding insurance,
indemnity clauses and sub-contractor/consultant changes that are mutually agreeable to both
staff and the architect.
■ A significant amount of work is involved in reviewing the earlier work done by RLMV in
the program and schematic portions of the project in order to bring the new firm up-to-date
with past actions, decisions, and project history.
PROPOSAL EVALUATION
The two proposals were reviewed carefully by staff and VANIR summarized as follows:
■ The BFGC proposal requires significant amendment to the existing contract language which
would reduce their project budget responsibility. Total cost of their proposal is $248,733
(which is $6,596 more than RRM).
■ The RRM proposal will cost $242,137. Not only is this less than BFGC's proposal, but
more importantly, it retains the City's original contract intent as it relates to the architect's
budget responsibilities.
city of San LUIS OBI SPO
i COUNCIL AGENDA REPORT
FISCAL IMPACT
The following is an analysis of the total amount of the bankruptcy:
RLMV Contract - Phase 11 2359716
Payment To-Date 18.663
Contract Balance Remaining 217,133
Proposed Contract with RRM 242,137
Increased Contract Cost 25,004
In addition to this amount, we have incurred $5,000 to establish the set-point for a total incurred
cost of$30,004. It should be noted that this includes $11,400 which is to accelerate the project
schedule to meet the April 1st deadline and would have been a similar cost under the RLMV
contract. Therefore, the total cost to the City for the RLMV bankruptcy is $18,604.
ALTERNATIVES
■ Re-Open the Project for Architectural Competition
Based on an extremely critical time-line, staff recommends that the project continue forward
as quickly as possible in the design and-approval phases. Staff believes that both of the firms
contacted have the experience and qualifications necessary to do an outstanding job on this
project and re-opening the project for architectural competition would severely jeopardize the
earthquake retrofit grant.
■ Award to BFGC
This contract is of a higher cost and proposes changes in budget responsibility Based on
this, an award to RRM is recommended.
CONCURRENCES
The City Attorney's Office, Risk Manager and the project's consultant, VANIR, have all been
actively involved in the development of the renegotiated contract. The City's Finance Director also
concurs.
ATTACBAIENT
Renegotiated Contract with RRM
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MEET't, AGENDA 17DATE '' -9 ITEM #
MEMORANDUM
September 13, 1994
To: City Council
From: Ken Hampian, Assistant City Administrative Officer
Subject: Headquarters Fire Station Staff Report
Because of deadlines related to a $611,000 grant toward the new Headquarters Fire Station
it is essential that the renegotiated contract for architectural services be on the Council
agenda on September 20, 1994. As of Tuesday afternoon, staff is working several parties
to finalize both the staff report and the new contract. Given that we are near completion,
the material is now expected to be available to the Council on either Wednesday or
Thursday of this week.
LKS'/lC/C
610 MEE71, AGENDA
19(2140 DATE-.ITEM #
AGREEMENT - ARCHITECTURAL SERVICES
AGREEMENT made as of the day of in the year nineteen
hundred and ninety four.
BETWEEN the Owner: THE CITY OF SAN LUIS OBISPO, hereinafter referred to as
the "CITY"
And the Architect: RRM DESIGN GROUP hereinafter referred to as the
"CONSULTANT"
For the following Project: SAN LUIS OBISPO CITY HEADQUARTERS FIRE
STATION which consists of designing of approximately 18,000 square feet (+/-l%)
Fire Station (See Exhibit "F" for preliminary site plan and floor plans that have been
reviewed and approved by the San Luis Obispo Fire Department).
In addition, the CONSULTANT is to provide a design and construction documents
for a training tower.
WITNESSETH:
MThat for and in consideration of the mutual covenants herein contained, the parties
hereto agree as follows:
E C E I V E
SEP 20 1994
cITY eLORK
ARTICLE 1 - RESPONSIBILITIES AND SERVICE OF CONSULTANT oa�saf,
A. Scope: CONSULTANT will provide the following pre- design/design
services described herein and under Exhibit "A" for the CITY Project
hereinafter described: SAN LUIS OBISPO CITY HEADQUARTERS FIRE.
STATION.
B. Coordination: In the performance of CONSULTANT'S services under this
Agreement, CONSULTANT agrees that he will maintain such coordination
with CITY personnel and/or its designated representatives as may be
requested and desirable. CONSULTANT recognizes that the CITY FIRE
DEPARTMENT will designate a Project Coordinator for this Project, only the
Project Coordinator is authorized to give CONSULTANT work authorizations,
issue written approvals and Notices to Proceed. If any work is done by
CONSULTANT without prior written authorization by the Project Coordinator,
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the CITY will not be obligated to pay for such work. The CITY reserves the
right to designate a different Project Coordinator.
C. CONSULTANT'S Services: Insofar as they may be applicable to the Project
contemplated by this Agreement; CONSULTANT shall render the services and
furnish the work as described in Exhibit "A', commencing with receipt of a
written Notice to Proceed signed by the CITY representative.
ARTICLE 2 - SCHEDULE OF WORK
The CONSULTANT shall commence work under this Agreement upon receipt
of a Notice to Proceed and shall prosecute the work diligently as described in
Exhibit "A", so as to proceed with and complete the work in compliance with
Exhibit "C", Schedule of Work, and Exhibit "G" for Master Schedule. Time is of
the essence and failure of CONSULTANT to perform work on time is a
material breach of this Agreement unless such failure is due to inability of the
CITY to provide information or approvals within a reasonable time frame
requested by the CONSULTANT.
ARTICLE 3 - CONSTRUCTION TARGET BUDGET
A. The construction budget for this project was previously established under
separate contract between the CONSULTANT and the CITY and is estimated
to be two million, two hundred twenty-five thousand, eight hundred and eighty
two ($2,225,882).
B. The CONSULTANT shall complete the Schematic, Design Development, and
Construction Documents including all plans, designs, drawings, specifications
and other construction documents, such that construction cost of the work
designed by the CONSULTANT will not exceed the construction cost budget
established by the CONSULTANT and approved by the CITY under a separate
contract previously executed between the CITY and CONSULTANT for this
project and as adjusted subsequently with the CITY'S written approval. During
design the CONSULTANT shall maintain cost controls to deliver the project
within budget. It is agreed that in the event no acceptable bid is received
within the construction cost budget established under a separate contract
previously executed between the CITY and CONSULTANT for this project and
as adjusted subsequently with the CITY'S written approval, the CONSULTANT
shall, at the direction of the CITY and at no further cost to the CITY, revise the
construction documents for re-bid without reducing the program requirement so
as to make possible a bid to come within the established construction cost
budget. The revised documents shall be reviewed and approved by the CITY
prior to putting them out for re-bid. Once the CONSULTANT has revised the
Construction Documents for re-bidding and either: (a) the re-bid comes within
the budget for Construction Costs approved by the CITY or, (b) if the CITY at
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its sole discretion approves a higher bid from a contractor, then the
CONSULTANT shall be deemed to have designed the Project within budget.
If the bid received from the successful contractor is in excess of the
construction cost budget and/or if the budget for the construction cost
increases during the design phase due to major changes in the condition of the
construction market in the San Luis Obispo area, in so far as these have been
caused by Acts of God, earthquakes, strikes, war, or energy shortages due to
uncontrollable events in the world economy, then the CITY has one or a
combination of the following alternatives:
1. Give the CONSULTANT written approval on an agreed adjustment to
the Construction Cost Budget with additional fee to the CONSULTANT.
2. Authorize the CONSULTANT to re-bid and/or renegotiate the Project
within three (3) months time (exclusive of CITY and other agencies
review time) at an additional cost to the CITY.
3. Terminate this Agreement if the Project is abandoned.
4. Instruct CONSULTANT to revise the drawings and specifications (in
scope and quality as approved by the CITY) to bring the Project within
the adjusted budget for re-bidding at an additional cost to the CITY.
The modification of Construction Documents shall be the limit of the
CONSULTANT'S responsibility arising out of the establishment of a
Construction Cost Budget. All other obligations of the CONSULTANT
including construction administration services remain as stated in the
Agreement.
C. The construction cost shall be the total cost or estimated cost to the CITY of all
elements of the Project designed or specified by the CONSULTANT.
Construction cost does not include the compensation of the Architect and the
Architect's consultants, the cost of the land, rights-of-way, financing or other
costs which are the responsibility of the CITY.
ARTICLE 4 - FEE AND METHOD OF PAYMENT
CITY will pay CONSULTANT a fixed fee equal to two hundred forty two
thousand one hundred thirty seven dollars ($242,137) for work contracted in
this Agreement as described in Exhibit "A'' and billed for based on Payment
Schedule per attached Exhibit "D".
ARTICLE 5 - PAYMENT FOR EXTRA WORK OR CHANGES
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Any charges for extra work or changes in the work will be paid by the CITY
only upon written certification by the CITY Project Coordinator that the claimed
extra work or change was authorized in writing, in advance by the CITY Project
Coordinator and that the work has been satisfactorily completed.
Claims for such extra work must be submitted by CONSULTANT within thirty
(30) day of completion of such work and must be accompanied by a statement
of itemized costs covering said work. Extra work will be performed on an
hourly rate basis using the criteria and rates in Exhibit "B" or on a negotiated
lump sum fee basis at the CITY'S discretion.
ARTICLE 6 - CONSULTANT STAFF
A. The CONSULTANT has been selected to perform the work herein because of
the skills and expertise of key individuals.
B. The CONSULTANT shall designate Victor Montgomery as Principal in Charge,
Mr. Don Iler as Program Consultant, Mr. Chris Ford as Project Manager, Ms.
Mary McGrath as Project Architect. So longus their performance continues to
be acceptable to the CITY, Messrs. Montgomery and Ford shall remain in
charge of the Project. Additionally, the CONSULTANT must furnish the name
of all other key people in CONSULTANT'S firm that will be associated with the
Project when requested by the CITY.
If the designated project manager or any other designated lead or key person
fails to perform to the satisfaction of the CITY, then upon written notice the
CONSULTANT will have ten (10) working days to remove that person from the
Project and replace that person with one acceptable to the CITY. A project
manager and all lead or key personnel for any SUBCONSULTANT must also
be designated by the SUBCONSULTANT and are subject to all conditions
previously stated in this paragraph.
C. CONSULTANT represents that the CONSULTANT has no existing interest and
will not acquire any interest, direct or indirect, which could conflict in any
manner or degree with the performance of services required under this
Agreement and that no person having any such interest shall be employed by
CONSULTANT.
ARTICLE 7 - RESPONSIBILITIES OF THE CITY
A. The CITY shall designate a representative, as a project coordinator, authorized
to act in the CITY'S behalf with respect to the Project.
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The CITY or such authorized representative, shall examine the documents
submitted by the CONSULTANT and shall render decisions pertaining thereto
promptly to avoid unreasonable delay in the process of the CONSULTANT'S
services.
B. The CITY shall furnish the services of soil engineers or other consultants when
such services are deemed necessary by the CITY. Such services shall
include: test borings, test pits, soil bearing values, geologic hazards
investigation survey, percolation tests; air and water pollution tests, ground
corrosion and resistivity tests, including necessary operations determining
subsoil, air and water conditions, with reports and appropriate
recommendations. Essential facilities inspection testing laboratory services
during construction, fees, permits, utility construction, etc.
C. During the construction phase of the project, the CITY shall designate a
contract administrator.
D. The CITY shall furnish the CONSULTANT with a written statement of approval
of the Phase I Master Plan including the layout of the Roundhouse realignment
prior to commencement of the schematic design of the contract.
The CONSULTANT will use the Roundhouse realignment transmitted Mr.
Wayne Peterson of the CITY dated August 29, 1994 in the layout of the Phase
I Master Plan. The CITY shall furnish a written statement of approval of the
Phase I Master Plan prior to commencement of the Schematic Design of the
Contract.
ARTICLE 8 - EXPENSES
The CONSULTANT'S fee in this Agreement, includes and covers the costs of
personnel travel expenses, printing and shipping of all deliverable items
specified in exhibit "A".
All reproducible to be paper sepia or xerox vellum.
ARTICLE 9 - OWNERSHIP OF DATA
A. The Ownership of all data collected for use by the CONSULTANT under this
Agreement, together with working papers, drawings,and other material
necessary to complete understanding of the plans and necessary for the
practical use of the plans shall be vested in the CITY. CONSULTANT may
retain one original copy of all data, drawings, etc. for his files and promotional
use.
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B. In the event of early termination, the CONSULTANT shall furnish the CITY all
unfinished documents, studies, reports, calculations, drawings, maps, models,
photographs, software, technology data and reports prepared by the
CONSULTANT under the terms of this Agreement, and shall not be entitled to
any retaining lien for these items.
Thereafter, if the CITY should determine to complete the original project or
substantially the same project, the CITY for such purposes shall have the right
of utilization of any original tracing, drawing, calculations, specifications,
estimates and any other design or construction documents prepared under this
Agreement by the CONSULTANT. In the event the CITY changes completed
documents, the CITY agrees to release CONSULTANT of responsibilities for
such changes.
In the event that the CITY uses the drawings and specifications and other data
on an addition to this or on another Project and does not employ the
CONSULTANT for the addition or for the other project, then the CITY agrees
to defend and hold CONSULTANT harmless for any and all claims, liability,
and damages arising out of such.
ARTICLE 10 - TERMINATION OF CONTRACT FOR CAUSE
If CONSULTANT fails to perform CONSULTANT'S duties to the satisfaction of
the CITY, or if CONSULTANT fails to fulfill in a timely and professional manner
CONSULTANT'S obligation under this Agreement, or if CONSULTANT shall
violate any of the terms or provisions of this Agreement, or if the
CONSULTANT, CONSULTANT'S agents or employees fail to exercise good
behavior either during or outside working hours that is of such nature as to
bring discredit upon the CITY, the CITY shall have the right to terminate this
Agreement effective immediately upon the CITY giving written notice thereof to
the CONSULTANT. Termination shall have no effect upon any of the rights
and obligations of the parties arising out of any transaction occurring prior to
the effective date of such termination.
The CONSULTANT has the right to terminate this agreement if the CITY does
not fulfill it's obligation under this contract.
ARTICLE 11 - INDEMNITY CLAUSE
The Design Professional agrees, to the fullest extent permitted by law, to
indemnify and hold the Client harmless from any damage, liability or cost
(including reasonable attorney's fees and costs of defense) to the extent
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caused by the Design Professional's negligent acts, errors or omissions in the
performance of professional services under this agreement and those of his or
her subconsultants or anyone for whom the Design Professional is legally
liable.
ARTICLE 12 - CONFLICTS OF INTEREST
No member, officer, or employee of the CITY during his tenure, or for one year
thereafter, shall have any interest direct or indirect, in this Agreement or the
proceeds thereof.
ARTICLE 13 - INSURANCE
A. See Exhibit "E" for insurance requirements.
B. NOTICE TO CITY: CITY shall be given 30 days notice prior to cancellation or
reduction in coverage of the insurance.
C. COPIES OF INSURANCE TO CITY BEFORE COMMENCEMENT OF WORK:
CONSULTANT shall provide certificates of insurance to CITY prior to
commencement of the work of this Agreement. Approval of insurance by CITY
shall not relieve or decrease the extent to which CONSULTANT may be held
responsible for payment of damages resulting from service or operations
performed pursuant to this Agreement. If CONSULTANT fails or refuses to
procure or maintain the insurance required by these provisions, or fails or
refuses to furnish CITY required proof that insurance has been procured and is
in force and paid for, CITY shall have the right at CITY election to forthwith
terminate this Agreement.
ARTICLE 14 - STATUS
CONSULTANT shall, during the term of this Agreement, be construed to be an
independent contractor, and in no event shall any of its personnel or
subcontractors be construed to be an employee of the CITY.
ARTICLE 15 - NONDISCRIMINATION
CONSULTANT agrees that no discrimination shall be made in the employment
of persons under this agreement because of their race, national origin,
ancestry, religion, age, physical disability,. or sex of such person.
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CONSULTANT shall comply with any and all regulations and laws governing
nondiscrimination in employment.
ARTICLE 16 - MODIFICATION OF AGREEMENT ,
This Agreement may be modified only by a written amendment signed by both
parties hereto.
ARTICLE 17 - COVENANT AGAINST CONTINGENT FEES
CONSULTANT warrants that he has not employed or retained any company or
person, other than a bona fide employee working solely, for him, to solicit or
secure this Agreement, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any
other consideration contingent on or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the CITY shall have the
right to annul this Agreement without liability , or in its discretion, to deduct
from the contract price or consideration or otherwise recover, the full amount of
such fee, commission, percentage fee, gift, or contingency.
ARTICLE 18 - ENTIRE AGREEMENT; MODIFICATION
This Agreement supersedes all previous contracts and constitutes the entire
understanding of the parties hereto. CONSULTANT shall be entitled to no
other benefits than those specified herein. No changes, amendments or
alterations shall be effective unless in writing and signed by both parties.
CONSULTANT specifically acknowledges that in entering this Agreement,
CONSULTANT relies solely upon the provisions contained in this Agreement
and no others.
ARTICLE 19 - NON ASSIGNMENT OF AGREEMENT
Inasmuch as this Agreement is intended to secure the specialized services of
the CONSULTANT, CONSULTANT may not assign, transfer, delegate or
sublet any interest herein without the prior written consent of CITY and any
such assignment, transfer, delegation or sublease without the CITY'S prior
written consent shall be considered null and void.
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ARTICLE 20 - LAW, VENUE
This Agreement has been executed and delivered in the State of California and
the validity, enforceability and interpretation of any of the clauses of this
Agreement shall be determined and governed by the laws of the State of
California.
The duties and obligations of the parties created hereunder are performable in
San Luis Obispo County and such county shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason
of this Agreement.
ARTICLE 21 - ARBITRATION
All claims, disputes or controversies arising out of, or in relation to the
interpretation, application or enforcement of this Agreement may be decided
through mediation as the first method of resolution. If this method proves
unsuccessful, then all claims, disputes or controversies as stated above may
be decided through arbitration.
All claims, disputes, and other matters in question between the parties to this
Agreement, arising out of or relating to this Agreement or the breach thereof,
may be decided by arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association then obtaining unless
the parties mutually agree otherwise. No arbitration, arising out of or relating
to this Agreement, shall include, by consolidation, joinder or in any other
manner, any additional person not a party to this Agreement except by written
consent containing a specific reference to this Agreement and signed by the
Architect, the Owner, and any other person sought to be joined. Any consent
to arbitration involving an additional person or persons shall not constitute
consent to arbitration of any dispute not described therein or with any person
not named or described therein. This Agreement to arbitrate and any
agreement to arbitrate with an additional .person or persons duly consented to
by the parties to this Agreement shall be specifically enforceable under the
prevailing arbitration law.
Notice of the demand for arbitration shall be filed in writing with the other party
to this Agreement and with the American Arbitration Association. The demand
shall be made within a reasonable time after the claim, dispute, or other matter
in question has arisen. In no event shall the demand for arbitration be made
after the date when institution of legal or equitable proceedings based on such
claim, dispute or other matter in question would be barred by the applicable
statute of limitations. The award rendered by the arbitrators shall be final, and
judgment may be entered upon it in accordance with applicable law in any
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court having jurisdiction thereof.
ARTICLE 22 - ENFORCEABILITY
If any term, covenant, condition or provision of this Agreement is held by a
court of competent jurisdiction to be invalid, void or unenforceable, the
remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
ARTICLE 23 - EMPLOYMENT STATUS
CONSULTANT shall, during the entire term of Agreement, be construed to be
an independent contractor and nothing in this Agreement is intended nor shall
be construed to create a employer-employee relationship, a joint venture
relationship, or to allow CITY to exercise discretion or control over the
professional manner in which the CONSULTANT performs the services which
are the subject matter of this Agreement; provided always, however, that the
services to be provided by CONSULTANT shall be provided in a manner
consistent with all applicable standards and regulations governing such
services.
CONSULTANT understands and agrees that the CONSULTANT'S personnel
are not and will not be eligible for membership in or any benefits from any
CITY group plan for hospital, surgical or medical insurance or for membership
in any CITY retirement program or for paid vacation, paid sick leave or other
leave, with or without pay or for other benefits which accrue to a CITY
employee.
CONSULTANT certifies that it is aware of the provisions of the Labor Code of
the State of California, which require every employer to be insured against
liability for workers compensation or to undertake self-insurance in accordance
with the provision of that code, and it certifies that it will comply with such
provisions before commencing the performance of the work of this agreement.
ARTICLE 24 - WARRANTY OF CONSULTANT
CONSULTANT warrants that the CONSULTANT is properly certified under the
laws and regulations of the State of California to provide the special services
herein agreed to.
ARTICLE 25 - CONTINUITY OF PROJECT
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This Agreement assumes a single, stipulated sum construction contract with a
single prime contractor for a single Project.
It is understood by both parties to this Agreement that the provisions and fees
contained in this Agreement assume that the entire Project is to be constructed
continuously.
In the event that the Project is divided in two or more parts for phased
construction, the provisions and compensations shall be equitably adjusted by
a Contract Amendment.
ARTICLE 26 - COST DISCLOSURE - DOCUMENTS AND WRITTEN REPORTS
Pursuant to State of California Government Code, Section 7550, if the total
cost of the Contract is over five thousand dollars and no/100 the ($5000)
CONSULTANT shall include in all final documents and in all written reports
submitted a written summary of cost, which shall set forth the number and
dollar amounts of all contracts and subcontracts relating to the preparation of
such document or written report. The contract and subcontract numbers and
- dollar amounts shall be contained in a separate section of such document or
written report.
ARTICLE 27 - HAZARDOUS MATERIALS
CITY and CONSULTANT are aware of the potential presence of hazardous or
contaminated soil or materials at the project site. Testing, classification,
monitoring, removal, or any other work associated with these soils or materials,
is to be done by the CITY. It is understood that none of this work is a part of
this Agreement.
ARTICLE 28 - COMMUNICATIONS
Communications between the parties to this Agreement may be sent to the
following addresses:
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CITY:
San Luis Obispo City Fire Department
Attn: Chief Robert Neumann
748 Pismo Street
San Luis Obispo, California 93401
CONSULTANT:
RRM Design Group
Attn: Victor Montgomery
3026 South Higuera
San Luis Obispo, CA 93401
IN WITNESS WHEREOF, the parties hereto have executed this agreement by their
proper officers duly authorized, as of the date first written above.
CONSULT T: CITY OF SAN LUIS OBISPO:
By: By:
Victorinci7pal Peg Pinard, Mayor
ATTEST:
ontgo
Diane Gladwell, City Clerk
APPROVED AS TO FORM AND Authorized by Council Action
LEGAL EFFECT: on 1994
BY:
Jeff Jorgensen, City Attorney
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CORPORATE CERTIFICATION
I, Victor Montgomery, certify that I am the Vice President/Secretary of the Corporation
named as CONSULTANT in the foregoing Agreement; that Victor Montgomery, who
signed said Agreement on behalf of the CONSULTANT, was then Vice
President/Secretary of said Corporation; that said Agreement was duly signed for and
in behalf of said Corporation by authority of its governing body is within the scope of
its Corporate powers.
(CORPORATE SEAL)
Victor Montgomery
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EXHIBIT "A"
RESPONSIBILITIES AND SERVICES OF CONSULTANT
RRM Design Group will provide all professional services necessary for completing the
following:
A. BASIC SERVICES
CONSULTANT agrees to provide the services described below. Such services
shall be performed upon Notification to Proceed given by the CITY.
CONSULTANT shall:
1. RRM Design Group to check on the agencies who has jurisdiction over
essential buildings and coordinate with and implement the requirements
of the regulatory agencies, i.e: OSA Structural Safety, State Fire
Marshal, City Engineers and Building Department.
2. Contract for or employ at CONSULTANT'S expense,
SUBCONSULTANTS to the extent deemed necessary for completion of
the Project including: fire station planners and programmers; architects;
mechanical, electrical, structural, civil engineers, landscaping and
interior designers licensed as such by the State of California. The
names of said SUBCONSULTANTS shall be submitted to the CITY for
approval prior to commencement of work. The CITY reserves the right to
reject the use of any SUBCONSULTANT. Nothing in the forgoing
procedure shall create any contractual relationship between the CITY
and any SUBCONSULTANT employed by the CONSULTANT under
terms of this Agreement.
3. Agree to exercise usual and customary professional care in its efforts to
comply with all laws and regulations which apply to work of this
Agreement.
4. Cooperate with other professionals employed by the CITY for the
design, coordination or management of other work related to the Project.
5. Monthly coordination meetings with his SUBCONSULTANTS.
CONSULTANT to chair and take minutes of such meetings,
CONSULTANT shall invite the CITY and/or its representative to
participate in these meetings.
6. Review subsoil data, chemical, mechanical and other data logs of
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borings, etc., furnished to CONSULTANT pursuant to this Agreement
and advise the CITY whether such data are sufficient for purposes of
design, or whether additional data are necessary.
7. Be responsible for the professional quality, technical accuracy and the
coordination of all studies, reports, projections, master plans, designs,
drawings, specifications and other services furnished by CONSULTANT
under this Agreement. CONSULTANT shall, without additional
compensation, correct or revise any errors or omissions in its studies,
reports, projections, master plans, design, drawings, specifications and
other services.
8. Provide services required to obtain use permit including review by
architectural review commission, and planning commission necessitated
by the nature of the master plan, or the design with all regulatory
agencies having jurisdiction over the Project.
9. Update and Develop an on-site topographical survey of the entire San
Luis Obispo Fire Station the Southern California Gas Company site, the
extent of the topographical survey to include the curb of the opposite
site of the street at one foot contours, with spot elevations, and existing
site condition utilities including the underground. Develop a grading
plan and a site plan from architectural information showing a final
development of this portion of the site, this drawing will also include a
horizontal control plan and a utility infrastructure plan. The services
described in this Subparagraph 9 shall be provided by a professional
surveyor who is to subcontract with the CONSULTANT.
10. Document and verify capacity and physical location of existing utility
lines within the limits of the CITY on-site property. The services
described in Paragraph 10 shall be provided by a professional surveyor
who is to subcontract with the CONSULTANT.
11. Maintain a log of all meetings, site visits or discussions held in
conjunction with the work of this Project, with documentation of major
discussion points, observations, decisions, questions or comments.
These shall be furnished to the CITY and/or their representative for
inclusion in the overall project documentation.
12. The CONSULTANT shall coordinate as required all services necessary
to determine compliance with existing land zoning or other restrictions
associated with the development of..the Project. If desired by the CITY
and agreed to by the CONSULTANT,.CONSULTANT shall provide other
required services to determine such compliance not specifically
15
identified and included in the scope of this Agreement through an
amendment to this Agreement, as an additional service.
13. The CONSULTANT shall employ the services of an independent third
pzKty acceptable to the City of San Luis Obispo to perform seventy,,
(7)5) hours worth of value engineering services and constructability
reviews during the design phase of the project, as desired by the CITY.
14. CONSULTANT is not responsible for:
a. Flood zone analysis
b. Preparation of utility easements
C. Ground contamination or hazardous material analysis
d. Any asbestos testing, design or abatement
e. Environmental impact report
f. Historical significance report
g. Soils investigation
h. Geotechnical report
i. Hazardous materials
j. Acoustical design
k. Demolition
I. CONSULTANT will only provide fire protection performance
specifications.
M. Engineering layout of future street and intersection, signalization
and off-site storm drainage.
Neither the CITY'S review, approval of, nor payment for, any of the
services required under this Agreement shall be construed to operate as
a waiver of any rights under this Agreement, and CONSULTANT shall
remain liable to the CITY in accordance with applicable law for all
damages to the CITY caused by CONSULTANT'S failure to perform any
of the services furnished under this Agreement.
16
15. The Architect shall be entitled to rely upon the accuracy and
completeness of the services, information, survey and reports prepared
by other professionals provided by the CITY not under contract or
supervision of the CONSULTANT.
16. Providing interior design and other similar services required for or in
connection with the selection, coordination and location of furniture,
furnishings and related equipment as provided by the CITY.
CONSULTANT is required to coordinate the placement of furniture,
designed and furnished by the CITY for layout purposes.
17. Electrical Systems to be included in the Contract Documents:
a. Site utilities and lighting.
b. Site security: on-site control of the gate only.
C. On-site emergency generator.
d. Building power and controls.
e. Building lighting.
f. Building security: on-site control of entrances only.
g. Fire sprinkler alarm.
h. Layout of computer, telephone, and CATV outlets.
i. Control of interface between communication and computer
systems.
j. Conduit and wiring for vendor determined control logic of paging
systems, door controls, lighting, exhaust fans, and other
equipment in reaction to alarm and response scenarios.
For items h and j listed above, it is anticipated that the Fire Dept. will
work directly with product suppliers and industry representatives to
define the system requirements, review cost options, and select
equipment alternatives. Based on those decisions, the CONSULTANT
will show the layout of the equipment and routing of the conduit on the
electrical plans. General system performance and product selections
with an "approved equal' clause will be:h6luded in the General Contract
Bid Package. Based on the plans and specifications, the Contractor will
I
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include this work in their scope.
Electrical systems not to be included in the Contract Documents:
a. Security: video monitoring, off-site monitoring or control.
b. Specification of communication equipment (radio two-way
communications).
C. Specification of telephone equipment.
d. Antenna/microwave tower or equipment.
B. DESIGN SERVICES
1. SCHEMATIC DESIGN
Schematic Design: Upon written authorization from the CITY to proceed
with the Schematic Design Phase CONSULTANT shall receive the
approved program and other requirements of the Project. The
CONSULTANT shall prepare for the CITY'S review a Schematic Design
Study as follows:
a. Civil/Architectural:
1. Scaled floor plans showing overall dimensions, identifying
the various major areas and their relationship.
Include circulation and room-by-room tabulation of all net
usable floor areas and a summary of gross floor area.
Also, provide typical layouts of major equipment or
operational layout.
2. Preliminary building exterior elevations and sections in
sufficient detail to demonstrate design concept indicating
location and size of fenestration.
3. Identify proposed roof system, deck, insulation system and
drainage technique.
4. Site plan with building located and minimum one (1) foot
contour grade intervals. All major site development, such
as paving, utilities and outside facilities shall be shown.
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5. Building design shall pay particular attention to orientation,
solar consideration and passive energy techniques and
shall conform to all adopted energy regulations. Comply
with CITY standard, which exceed title 24 requirement by
10%.
b. Structural:
1. Layout structural systems with dimensions and floor
elevations. Identify structural systems (precast, structural
steel with composite deck, structural steel bar joists, etc.);
with preliminary sizing identified.
2. Identify foundation systems (fill requirements, piles,
caissons, spread footings, etc.); with preliminary sizing
identified.
3. To identify the most suitable system to upgrade the
existing maintenance buildings for essential facility use.
C. Mechanical:
1. Calculate block heating, ventilation and cooling loads
including skin versus internal loading.
2. Select a minimum of two (2) HVAC systems that appear
compatible with loading conditions for subsequent life cycle
costing.
3. Show systems selected on drawings as follows:
a. Single line drawing(s) of all mechanical equipment
spaces, ductwork and pipe chases.
b. Location and preliminary sizing of all major
equipment and duct work in allocated spaces.
d. Electrical:
1. Calculate overall approximate electrical loads.
2. Identify proposed electrical system for service, power,
lighting, low voltage and communication loads.
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3. Show system(s) selected on drawings as follows:
a. Single line drawing(s) showing major distribution
system.
b. Location and preliminary sizing of all major electrical
systems and components including:
1. Load centers
2. Main panels
e. Specifications:
Outline specifications of proposed architectural, structural,
mechanical and electrical materials, system and equipment and
their criteria and quality standards.
f. Meetings:
During the Schematic Design Phase it is anticipated that two (2)
meetings monthly will convene between the CITY and the
CONSULTANT to address specific design issues and to facilitate
the decision making process. Such meetings shall be held in San
Luis Obispo and will be attended by the Programming Manager.
Discussions made at such meetings shall be binding and
revisions or reconsideration of the subject of such decisions shall
constitute a change in the Scope of Services of the
CONSULTANT.
g. Deliverables:
Copies:
6 - Schematic Design Packages with alternatives and Cost
Estimate
2 - A statement indicating changes to the program
2 - A statement indicating any authorized changes made to the
approved program and the cost impact of such changes on
the Construction Budget established under a separate
contract previously executed between the CITY and
CONSULTANT for this project.
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h. Presentation:
CONSULTANT along with his SUBCONSULTANTS shall present
and review with the CITY the detailed Schematic Design in San
Luis Obispo.
CONSULTANT recognizes that there is an undetermined period
of time required by the CITY in order to approve the schematic
design but not to exceed a five month period. CONSULTANT
shall assist the CITY in this appraisal process. For each month in
excess of four months, the CONSULTANT shall be compensated
by applying to the CONSULTANT fee as an escalation rate of 4%
per year for each extended month.
The schematic design studies shall be revised within the program
parameters until a new concept has been accepted and approved
by the CITY at no additional cost to the CITY.
i. Project Cessation Provisions:
Upon completion of the schematic design study, the CITY shall
have the right to terminate this Agreement upon written notice of
such termination to CONSULTANT.
The CITY shall pay the CONSULTANT only the fee associated
with the services provided under the Schematic Design.
2. DESIGN DEVELOPMENT
Upon written authorization by the CITY to proceed with the Design
Development Phase, CONSULTANT shall prepare from the Schematic
Design Phase documents approved by the CITY, Design Development
Phase documents consisting of the following:
a. Civil/Architectural:
1. Scaled, dimensioned floor plans with final room locations
including all openings.
2. 1/8" scale building sections showing dimensional
relationships, materials and component relationships.
3. Identification of all fixed equipment to be installed in
contract.
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4. Well developed site plan including grading and paving.
5. Preliminary development of details and large scale blow-
ups.
6. Legend showing all symbols used on drawings.
7. Floor plans identifying all fixed and major movable
equipment and furniture.
B. More developed outline specifications.
9. Typical reflected ceiling development including ceiling grid
and heights for each ceiling to be used, showing:
a. Light fixtures
b. Ceiling registers or diffusers
c. Access Panels
10. A tabulation of both the net and gross assignable floor
areas, and a comparison to the initial program area
requirements. 40
b. Structural:
1. Structural drawing with all major members
located and sized.
2. Establish final building and floor elevations.
3. Preliminary specifications.
C. Mechanical:
1. Heating and cooling load calculations for each
space and major duct or pipe runs sized to
interface with structural.
2. Major mechanical equipment should be
scheduled indicating size and capacity.
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3. Ductwork and piping should be substantially
located and sized.
4. Devices in ceiling should be located.
5. Legend showing all symbols used on
drawings.
6. More developed outline specifications.
d. Electrical:
1. All lighting fixtures should be located and
scheduled showing all types and quantities of
fixtures to be used, including proposed
lighting levels for each usable space(s).
2. All major electrical.equipment should be
scheduled indicating size and capacity.
3. Complete electrical distribution including a
one line diagram indicating final location of
switchboards, communications, controls; (high
and low voltage) motor control centers,
panels, transformers and emergency
generators, if required.
4. Legend showing all symbols used on
drawings.
5. More developed outline specifications.
e. Estimate:
Design Development Estimate: This estimate will
include individual item unit costs of materials, labor
and equipment. Sales tax, subcontractor's mark-
ups, general contractors construction indirects
(general conditions), overhead, and profit shall be
listed separately. The estimate shall separate the
project's building cost from site and utilities cost. A
separate cost summary is required for each building
(i.e. fire station and training tower).
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f. Meetings:
During the Design Development Phase it is
anticipated that one (1) meeting per month will
convene to address specific design issues and to
facilitate the decision making process. Such
meetings shall not exceed one (1) day in duration
and will be held in San Luis Obispo. Decisions
made at such meetings shall be binding and major
revisions shall constitute a change in the Scope of
Services of the CONSULTANT. The Programming
Manager shall attend these meetings.
g. Deliverables:
Copies
4 - One (1) reproducible and three (3) blueprints
from all professional disciplines necessary to
deliver the project
4 - Outline Specifications
2 - A statement indicating any authorized M
changes made to the program from the last
submittal and the cost impact of such
changes on the previously approved
Construction Budget
4 - Cost Estimate
3. CONSTRUCTION DOCUMENT
Upon written authorization from the CITY to proceed with the
Construction Documents Phase, CONSULTANT shall prepare from
Design Development Phase Documents approved by the CITY, a
Construction Document consisting of the following:
a. Prepare construction documents in full compliance with all
applicable building codes, ordinances and other regulatory
authorities.
b. Construction Documents (C/D) 50% stage:
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1. Civil/Architectural:
a. Site plan developed to show building location, all
topographical elements and existing/proposed
contour lines.
b. Elevations, sections and floor plans corrected to
reflect design development review comments.
C. Architectural details and large blow-ups started.
d. Well developed finish, door, and hardware
schedules.
e. Site utility plans started.
f. Fixed equipment details and identification started.
g. Reflected ceiling plans coordinated with floor plans
and mechanical and electrical systems.
2. Structural:
a. Structural floor plans and sections with detailing well
advanced.
3. Mechanical:
a. Mechanical calculations virtually completed with all
piping and ductwork sized.
b. Large scale mechanical details should be started.
C. Mechanical schedule for equipment substantially
developed.
4. Electrical:
a. Lighting, power, signal and communication plans
should show all switching and controls. Fixture
schedule and lighting details development should be
started.
b. Distribution information on all power consuming
25
equipment; lighting and device branch wiring
development should be well started.
C. All electrical equipment schedules should be started.
d. Special system components should be
approximately located on plans.
5. Estimate:
a. Furnish 50% of the Construction Document Phase
Estimate.
b. The cost estimate will be prepared by
specification section. It will include unit costs for
materials, unit labor manhours and unit equipment
costs. Labor manhours will be identified and
extended using wage rates from the State's
"General Prevailing Wage Rates" guide (use the
most current issue).
These wage rates will include base labor costs,
payroll taxes, and union benefits.
Labor can be subtotaled with materials and
equipment at the bottom of each page. Construction
indirects (general conditions) shall be estimated in
detail. Sales tax, subcontractor's mark-ups, general
contractor's overhead, and profit shall separate the
project's building cost from site and utilities cost. A
separate cost summary is required for each building.
C. Construction Documents 75% stage:
1. Architectural:
a. Virtually complete site plan.
b. Virtually complete floor plan, elevations and
sections.
C. Architectural details and large blow-ups near
completion.
d. Finish door, and hardware schedules virtually
complete, including most details..
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e. Site utility plan virtually complete.
f. Fixed equipment details and identification virtually
complete.
g. Reflected ceiling plan virtually complete.
h. Provide Finish Schedule (with the exceptions of
colors) identifying type of material and textures on
walls, floors, doors, etc. Color selections to be
identified by the CITY.
i. All equipment catalog cuts.
2. Structural:
a. Completed structural floor plans and sections with
detailing well advanced.
3. Mechanical:
a. Mechanical load calculations complete and all piping
and ductwork sized.
b. Large scale mechanical details should be
substantially complete.
C. Mechanical schedule for equipment substantially
complete.
4. Electrical:
a. Lighting, power, signal and communication plan(s)
should reflect all switching and controls. Fixture
schedule(s) should be virtually complete.
b. Distribution information on all power consuming
equipment; lighting and device branch wiring should
be virtually complete.
C. All electrical equipment schedules should be virtually
complete.
d. Special system components should be located on
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plans.
5. Specifications:
a. Virtually complete development and preparation of
technical specifications describing materials,
systems and equipment, workmanship, quality and
performance criteria required for the construction of
the Project.
Where articles, materials and equipment are
identified by brand names, at least two names shall
be used, and such names shall be followed by the
words "or approved equal' in accordance with Public
Contract Code, Section 3400. Specifications shall
not contain restrictions that will limit competitive bids
other than those required for maintenance
convenience by the CITY. At one hundred percent
(100%) review, specifications shall be reviewed by
the CITY and corrections made as directed at no
cost to the CITY.
b. Coordination of the development of specifications by
other disciplines.
C. Specification shall be in CSI format.
d. Construction Documents - Substantial Completion Stage:
1. Architectural:
a. Completed site plan.
b. Completed floor plans, elevations and sections.
C. Architectural details and large blow-ups completed.
d. Finish, door and hardware schedules completed,
including all details.
e. Site utility plans completed.
f. Fixed equipment details and identification
completed.
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g. Reflected ceiling plans completed.
2. Structural:
a. Structural floor plans and sections with detailing
completed.
b. Structural calculations completed.
3. Mechanical:
a. Large scale mechanical details complete.
b. Mechanical schedules for equipment completed.
C. Completed electrical schematic for environmental
cooling and exhaust equipment.
d. Complete energy conservation calculations and
report.
4. Electrical:
a. Lighting and power plan should show all switching
and controls. Fixture schedule and lighting details
should be completed.
b. Distribution information on all power consuming
equipment, including lighting, power, signal and
communication device(s) branch wiring completed.
C. All electrical equipment schedules completed.
d. Special system components plans completed.
e. Electrical load calculations completed.
5. Estimate:
Update 50% C.D. Estimate.
6. Specifications:
a. Complete development and preparation of technical
29
specifications describing materials, systems and
equipment, workmanship, quality and performance
criteria required for the construction of the Project.
Where articles, materials and equipment are
identified by brand names, they shall be followed by
the words "or approved equal" in accordance with
Public Contract Code, Section 3400.
Specifications shall not contain restrictions that will
limit competitive bids other than those necessary for
CITY maintenance requirements.
At one hundred percent (100%) review,
specifications shall be reviewed by the CITY and
corrections made as directed at no cost to the CITY.
b. Coordination of the development of specifications by
other disciplines.
C. Specifications shall be in CSI format.
e. Construction Documents (C/D) Final Stage:
The construction document final stage shall be for the purpose of
the CONSULTANT incorporating all City and State Regulatory
Agencies' comments into the drawings, specifications, and
estimate. All corrections made by the CONSULTANT during this
stage should be at no additional cost to the CITY.
The final contract documents delivered to the CITY upon
completion of the CONSULTANT'S work shall consist of the
following:
1. Drawings: Original tracings of all drawings on
CONSULTANT'S tracing paper with each
CONSULTANTlSUBCONSULTANT'S State license stamp.
2. Specifications: Original typed technical specifications on
reproducible masters in CSI format.
3. Estimate: Final estimate to be an update of the 50%
estimate.
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f. Construction Final Back-Check Stage:
Make corrections as required, to reflect regulatory agencies' final
back-check comments into the drawings, specifications and
estimate. All such corrections will be made at no cost to the
CITY.
Upon written approval by the CITY that the documents are
complete, CONSULTANT shall provide to the CITY completed
original tracing and a complete set of typed specifications on
reproducible masters. Reproduction of the contract documents
for distribution to bidders will be provided by the CITY.
g. During the Construction Document Phase it is anticipated that
one (1) meeting per month will convene to address specific
design issues and to facilitate the decision making process. Such
meetings shall not exceed one (1) day in duration and will
normally be held in San Luis Obispo. Decisions made at such
meetings shall be binding and revisions shall constitute a change
in the Scope of Services of the CONSULTANT.
h. Deliverables:
Copies
4 - Fifty percent (50%) submittal - one (1) reproducible and
three (3) blueline prints of the fifty percent (50%) working
drawings, specifications, and cost estimate.
4 - Seventy five percent (75%) submittal - one (1) reproducible
and three (3) blueline prints of the seventy five percent
(75%) working drawings and specifications.
4 - One hundred percent (100%) submittal - one (1)
reproducible and three (3) blueline prints of the one
hundred percent (100%) working drawings, specifications,
engineering calculations and cost estimate.
2 - Statement of requirements for testing and inspection of
service for compliance with construction documents and
applicable codes.
4. BIDDING PHASE:
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The development of the bidding procedure and the general condition of
the construction contract shall be the joint responsibility of the CITY and
the CONSULTANT.
While the Project is being advertised for bids, all questions concerning
intent shall be referred to the CONSULTANT for resolution. Printing of
bid sets will be done by the CITY.
In the event that items requiring interpretation of the drawings or
specifications are discovered during bidding period, said items shall be
analyzed by the CONSULTANT for decision by the CITY as to the
proper procedure required. Corrective action taken will be in the form of
an addendum prepared by the CONSULTANT and issued by the CITY.
It is agreed that in the event no acceptable bid is received within the
budget established under a separate contract previously executed
between the CITY and CONSULTANT for this project and adjusted
subsequently with the CITY'S written approval, the CONSULTANT shall,
at the direction of the CITY, and at no further cost to the CITY, revise
the Construction Documents, for re-bid, without reducing the program
requirements so as to make possible a bid to come within the budget
established as aforesaid; the revised documents shall be reviewed and
.approved by the CITY prior to putting them out to re-bid. Once the
CONSULTANT has revised the Construction Documents for re-bidding
and either: (a) the re-bid comes within the budget for Construction Costs
approved by the CITY or, (b) if the CITY at its sole discretion approves
a higher bid from a contractor, then the CONSULTANT shall be deemed
to have designed the Project within budget.
5. CONSTRUCTION ADMINISTRATION PHASE:
The CONSULTANT'S responsibility to provide basic services for the
Construction Phase under this Agreement commences with the award
of the Contract for Construction and terminates at the earlier of the
issuance to the CITY of the final Certificate for Payment or sixty (60)
days after the date of substantial completion of construction.
a. During construction, the CONSULTANT shall furnish all
necessary additional drawings for supplementing, clarifying and/or
correcting purposes and for change orders required. Such
drawings shall be requested in writing from the CONSULTANT by
the CITY and shall be at no additional cost to the CITY. The
original tracing(s) of the drawings and contract wording for
32
change orders shall be submitted to the CITY for duplication and
distribution.
b. The CONSULTANT will receive written notification of the award of
a construction contract. Upon receiving such written notification,
the CONSULTANT will proceed with the services required by the
Construction Administration Phase of this Agreement.
C. The CONSULTANT shall attend the preconstruction start meeting
with the successful contractor upon notification by the CITY.
d. CONSULTANT shall review and approve or take other
appropriate action upon contractor's submittals such as: shop
drawings, project data, samples and change orders, 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 within twenty-one (21)
calendar days so as to cause no unreasonable delay in the work
or in the construction of the CITY or of separate contractors,
while allowing sufficient time in the CONSULTANT'S professional
judgment to permit adequate review.
In no case shall the review period associated with a single,
particular submittal exceed twenty one (21) calendar days from
the receipt by the CONSULTANT.
e. During the course of construction, all Requests for Clarification
must be responded to in most expeditious manner so as not to
impact and delay the construction progress.
f. Drawings or change orders required due to actions of the CITY
which are beyond the scope of the CONSULTANT'S
responsibilities, shall be considered extra services.
g. CONSULTANT shall schedule a maximum of fifty (50) visits to
the job site for on-site review of the construction of the Project.
The schedule of these visits shall be coordinated and/or approved
in advance by the CITY and their representative. The purpose of
these visits is to resolve discrepancies in the Contract Documents
and to monitor the progress of the Project.
CONSULTANT shall bring to the attention of the CITY, in writing
33
to guard the CITY against, but does not assure against, any
defects or deficiencies in the work by the CITY'S construction
contractor which the CONSULTANT may observe.
The CONSULTANT shall have no authority to issue instructions
on behalf of the CITY or to deputize another to do so. All
agreements shall be between the CITY and its construction
contractor. However, these provisions shall not be construed as
making CONSULTANT responsible for the CITY'S construction
contractor's failure to carry out the work in accordance with the
Contract Documents, nor the construction means or methods in
techniques, sequences, procedures or safety programs in
connection with the work.
h. The CONSULTANT shall visit, generally weekly, the site at
intervals appropriate to the stage of construction or as otherwise
agreed by the CITY and CONSULTANT in writing to become
generally familiar with the progress and quality of the work
completed and to determine in general that the work is being
performed in a manner that the work when competed will be in
accordance with the Contract Documents.
However, the CONSULTANT shall not be required to make
exhaustive or continuous on-site inspections to check the quality
or quantity of the work. On the basis of on-site observations as
an architect, the CONSULTANT shall keep the CITY informed of
the progress and the quality of the work, and shall endeavor to
guard the CITY against defects and deficiencies in the work.
However, the CONSULTANT shall not be a guarantor of the
contractor's performance.
i. Prepare "Record Drawings": on the original tracings to record
changes made during the construction project based upon
information provided by the CITY'S construction contractor and
changes by change orders. These "Record Drawings" either
originals or mylar reproducibles shall be delivered to the CITY at
completion of the construction and shall be a condition precedent
to the CITY'S approval of the CONSULTANT'S final payment.
j. The CONSULTANT shall not be responsible for, nor have control
or charge of, construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs
in connection with.the Project, and shall not be responsible for
contractors' failure to carry out work in accordance with the
34
Contract Documents. The CONSULTANT shall not be
responsible for, nor have control over, the acts or omissions of
the contractors, subcontractors, any of their agents or employees,
or any other persons performing any work.
k. CONSULTANT shall assemble and review equipment and
maintenance manuals, and a complete set of warranty documents
for all equipment and installed systems. Manuals shall be
organized in CSI format and to be provided by the general
contractor and specified so in the Construction Documents.
I. CONSULTANT shall also provide at the CITY'S request,
architectural/engineering advice to the CITY on start-up, break-in
and debugging of facility systems and equipment; and apparent
deficiencies in construction following the acceptance of the
contractor's work.
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EXHIBIT "B"
CRITERIA AND BILLING FOR EXTRA WORK
A. The following extra services to this Agreement shall be performed by
CONSULTANT if needed and requested by the CITY.
1. Making revisions in drawings, specifications or other documents when
such revisions are:
a. Inconsistent with approvals or instructions previously given by the
CITY.
b. Required by the enactment or revisions of codes, laws or
regulations subsequent to the preparations of such documents.
C. Due to changes required as a result of the CITY'S failure to
respond to a written request from the CONSULTANT within a
reasonable time, as requested by CONSULTANT.
2. Providing services required because of significant documented changes
in the Project initiated by the CITY, including but not limited to, size,
quality, complexity, the CITY'S schedule, or method of bidding or
negotiating and contracting for construction.
3. Prepare 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. CONSULTANT shall not be due any fee for extra services
due to change orders resulting from CONSULTANT'S design errors and
omissions.
4. Providing consultation concerning replacement of work damaged by fire
or other cause during construction, and furnishing services required in
connection with replacement of such work.
5. Providing services made necessary by the default of the contractor, by
major defects of deficiencies in the work of the contractor, or by failure
of performance of either the owner or the contractor under the Contract
for construction.
6. Join with and assist the CITY in defending any claim or action arising
out of this Contract, which would not be the responsibility of the
CONSULTANT under the term of this Agreement.
36
7. Providing services in connection with a public hearing, arbitration
proceeding or legal proceeding except where the CONSULTANT is
party thereto.
8. Preparing documents for separate bid packages.
9. Providing special surveys, environmental studies and submissions
required for approvals of governmental authorities or others having
jurisdiction over the Project.
10. Providing services relative to future facilities, systems and equipment, to
the extent not covered in the program.
11. Providing services to verify accuracy of drawings and written documents
furnished by the Owner.
12. Provide coordination of construction performed by separate contractors
or by the CITY'S own forces and coordination of services required in
connection with construction performed by the CITY.
13. Providing services for planning tenant or rental space.
14. Making investigations, inventories of material or equipment (except
emergency generator), or valuations and detailed appraisals of existing
facilities.
15. Providing assistance in the utilization of equipment or systems such as
testing, adjusting and balancing, preparation of operation and
maintenance manuals, training personnel for operation and
maintenance, and consultation during operation.
16. Providing services after issuance to the CITY of the final certificate for
Payment, or in the absence of a final Certificate for Payment, more than
sixty (60) days after the date of substantial completion of work.
17. Providing any other services not otherwise included in this Agreement or
not customarily furnished in accordance with generally accepted
architectural practice.
18. Providing services in connection with evaluating substitutions proposed
by the contractor and making subsequent revisions to the drawings,
specifications and other documentation resulting therefrom if the
contractor failed to follow the CONSULTANT'S specified specification of
the Project.
37
19. Providing service to verify the existing field
conditions. All field checks of existing conditions must be documented
by means of written report. The report must identify the existing
conditions (above and under ground) and list recommendations or plan
of action.
20. . The following additional services shall be charged to the City at a fixed
fee if the City requests from the consultant to proceed with these
services.
1. Colored renderings (schematic phase) $2,400.00
2. Study model (schematic phase) $2,000.00
3. Finish model $5,400.00
B. The following rates which include overhead, administrative cost and profit shall
be utilized in arriving at the fee for extra services.
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38
RATE SCHEDULE
BILLING RATES
EFFECTIVE OCTOBER, 1994
1. ARCHITECT
Classification Rate Per Hour
Principal/Consulting $ 95.00
Senior Associate $ 85.00
Associate $ 80.00
Project Architect/Manager $ 75.00
Draftsperson 1 $ 60.00
Draftsperson II $ 55.00
CADD Operator $ 50.00
Draftsperson III $ 45.00
Administrative Secretary $ 40.00
Clerical 1 $ 20.00
2. MECHANICAL
Principal Engineer $ 90.00
Mechanical Engineer $.60.00
Plumbing Engineer $ 60.00
CADD Operator $ 60.00
Draftsperson $ 35.00
39
Secretarial $ 35.00
3. ELECTRICAL
Principal Engineer $ 88.00
Electrical Design $ 66.00
CADD Operator $ 49.50
Draftsperson $ 38.50
Secretarial $ 33.00
4. CIVIL
Principal Planner $ 82.50
Principal Engineer $ 77.00
Associate Engineer $ 71.50
Staff Engineer $ 66.00
Engineer III $ 66.00
Engineer II $ 60.50
Engineer 1 $ 55.00
Engineering Tech III $ 49.50
Engineering Tech II $ 44.00
Engineering Tech I $ 38.50
Administrative Coordinator $ 60.50
Draftsperson III $ 33.00
Draftsperson II $ 27.50
40
Draftsperson 1 $ 22.00
Principal Surveyor $ 77.00 .
Associate Surveyor $ 71.50
Staff Surveyor $ 71.50
Surveyor III $ 66.00
Surveyor II $ 60.50
Surveyor 1 $ 55.00
Survey Tech III $ 49.50
Survey Tech II $ 44.00
Survey Tech 1 $ 38.50
2-Man Survey Party $115.50
M3-Man Survey Party $159.50
Administrative Manager $ 49.50
Clerical II $ 38.50
Clerical 1 $ 33.00
5. LANDSCAPE CONSULTANT
Project Landscape Architect $ 71.50
Production and Technical Assistance $ 55.00
6. STRUCTURAL CONSULTANT
Principal Engineer $ 82.50
Staff Engineer $ 71.50
41
Drafting/CADD $ 49.50
Secretary $ 27.50
Engineer in Training S 55.00
7. INTERIOR DESIGNER S 82.50
8. PROGRAMMER S 95.00
The subconsultant hourly rates as shown above include a 10% administration
fee/mark-up fee.
The hourly rates reflected in Paragraph B above shall be effective as of the
date of execution of this Contract and shall be revised each twelve (12)
months; thereafter based upon changes in the Consumer Price Index for the
previous twelve month period, using the CPI for the geographical area of the
CONSULTANT and each SUBCONSULTANT involved in the Project.
42
EXHIBIT "C"
SCHEDULE OF WORK
A. Promptly after the execution of this Agreement, the CONSULTANT shall
prepare and submit for approval to the CITY a Schedule of Work showing the
order in which CONSULTANT proposes to carry out CONSULTANT'S work.
The schedule shall apply to the completion of all services listed hereunder
within the times established by this Agreement. The Schedule shall be in the
form of a progress chart clearly delineating all important increments and review
dates. CONSULTANT shall update the Schedule of Work on a monthly basis
and deliver three (3) copies to the CITY along with the monthly billing.
B. CONSULTANT shall complete all work and services required under the
Schematic Design above within thirty (30) calendar days after written
authorization from CITY to proceed.
C. CONSULTANT shall complete all work and services required under the Design
Development Scope within forty-two (42) calendar days after receipt of a
written authorization from the CITY to proceed.
D. CONSULTANT shall complete all work and services required under
Construction Document Scope up through and including the Substantial
Completion Phase within one eighty-five (85) calendar days after receipt of a
written authorization from the CITY to proceed. Excluded from this duration is
the time associated with the construction document back-check stage.
E. CONSULTANT shall proceed with all work and services required under the
Construction Support Phase, upon the commencement of construction, and
shall continue through completion and acceptance of the Project by the CITY.
F. The durations stated above exclude the review periods required by the CITY
and all other regulatory agencies.
G. All times to complete tasks set forth in this Exhibit are of the essence, as per
Article 4 - Schedule of Work. If delays in schedules are imposed by the
CITY'S inability to comply with requested meeting schedules, CONSULTANT
shall maintain the right to request an adjustment in schedule if deemed
necessary to meet the deadlines set forth in this Exhibit. If approved, such
extensions shall be authorized in writing by the CITY.
43
EXHIBIT "D"
PAYMENT SCHEDULE
A. Compensation
1. The consideration to be paid to CONSULTANT, as provide herein shall
be in full compensation for all of CONSULTANT'S incurred in the
performance hereof, including offices, travel, per diem or any other
direct or indirect expenses incident to providing the services.
2. Such amounts shall be based upon the following lump sum amounts
which includes Main Fire Station, maintenance building remodel,
hazardous materials storage and training tower.
Total $242,137
B. Method of Payment
1. Invoices shall be on a form and in the format provided by the CITY and
are to be submitted in triplicate to the CITY via the CITY'S authorized
representative.
2. Upon receipt and approval of CONSULTANT'S invoices, the CITY
agrees to make payments within thirty days of receipt of the invoice as
follows:
a. Distribution of the total fee for this contract shall be as follows:
Phase Percentage of Fee
Schematic Design 20%
Design Development 15%
Construction Documents 40%
Bid/Negotiation 5%
Construction Administration 20%
C. For Schematic Phase
Monthly payments for the percentage of work complete up to
ninety five percent (95%) of the fee for the Phase; one hundred
percent (100%) payment upon acceptance and approval of the
45ic4lEMPric, Design Bevelopment Phase by the City.
d. For Design Development Phase
44
Monthly payments for the. percentage of work complete up to
ninety five percent (95%) of the fee for the Phase; one hundred
percent (100%) payment upon acceptance and approval of the
Design Development Phase by the CITY.
e. For Construction Document Phase
Monthly payment for percentage of work complete up to ninety
five percent (95%) of the fee for the phase; one hundred percent
(100%) payment upon acceptance and approval of the
Construction Document Phase by the CITY. The final five percent
5% shall be paid upon notification to proceed with solicitation of
bids or negotiation, or within six months after approval of the
Construction Document Phase if the project is abandoned.
f. For Bid/Negotiation
Monthly payments for the percentage of work complete up to
ninety five percent (95%) of the fee for the phase; one hundred
percent (100%) payment upon acceptance and approval of the
Bid/Negotiation Phase by the CITY.
g. For Construction Administration
Monthly payments for the percentage of work completed based
Mupon percent completion of construction.
45
EXHIBIT "E"
INSURANCE REQUIREMENTS FOR CONSULTANTS
I. CONSULTANT shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the work hereunder by
the CONSULTANT, his agents, representatives, employees.
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
4. Errors and Omissions Liability Insurance as appropriate to the
CONSULTANT's profession.
B. Minimum Limits of Insurance
1. Within 10 days of signing of this contract the CONSULTANT shall
maintain limits no less than:
a. General Liability: $1,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial
General Liability or other form with a general aggregate
limit is used, either the general aggregate limit sball apply
separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit.
b. Automobile Liability: $1,000,000 per accident for bodily
injury and property damage.
C. Employer's Liability: $1,000,000 per accident for bodily
injury or disease.
d. Errors and Omissions Liability: $250,000 per claim.
2. Before framing of the structure begins, CONSULTANT shall
maintain limits no less than:
46
a. General Liability: $1,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial
General Liability or other form with a general aggregate
limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit.
b. Automobile Liability: $1,000,000 per accident for bodily
injury and property damage.
C. Employer's Liability: $1,000,000 per accident for bodily
injury or disease.
d. Errors and Omissions Liability: Required $1,000,000 per
claim for a period of not less than three years, beginning
no sooner than 30 days before framing of the structure
begins. The CITY shall be listed on Owner's Interest
Endorsement.*
C. Deductibles and Self Insured Retention: Any Deductible or Self Insured
Retention must be declared to and approved by the CITY. The CITY
may require CONSULTANT to procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense
expenses if the CITY is not adequately assured of the sound financial �1
strength of the CONSULTANT.
D. Other Insurance Provisions: The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following
provisions:
1. The CITY, its officers, officials, employees, agents and volunteers
are to be covered as insured as respects; liability arising out of
activities performed by or on behalf of the CONSULTANT;
products and completed operations of the CONSULTANT;
premises owned, occupied or used by the CONSULTANT; or
automobiles owned, leased, hired or borrowed by the
CONSULTANT. The coverage shall contain no special limitations
on the scope of protection afforded to the CITY, its officers,
officials, employees, agents or. volunteers.
2. For any claims related to this project, the CONSULTANT's
insurance coverage shall be primary insurance as respects the
CITY, its officers, officials, employees, agents and volunteers.
I
47
f'F2 Policy PREMruH �Noictnw.i M�MoRfryo��y la&M NkRveor, 4aroGg7ss P 9
Any insurance or self-insurance maintained by the CITY, its
officers, officials, employees, agents or volunteers shall be
excess of the CONSULTANT's insurance and shall not contribute
with it.
3. Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage
provided to the CITY, its.officers, officials, employees, agents or
volunteers.
4. The CONSULTANT's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed
by RRM Design Group to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage
or in limits except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the
CITY.
E. Acceptability of Insurers: Insurance is to be placed with insurers with a
current A.M. Best's rating of no less that A:VII.
F. Verification of Coverage: CONSULTANT shall furnish the CITY with a
certificate of insurance showing maintenance of the required insurance
coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be
provided. The endorsements are to be signed by a person authorized
by that insurer to bind coverage on its behalf. All endorsements are to
be received and approved by the CITY before work commences. The
CITY shall be listed on Owner's Interest Endorsement.
I
48
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