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HomeMy WebLinkAbout2014-07-22; City Council; 21693; Agreement with Group 4 Architecture for Design Services of City and Georgina Cole Library 1775 Dove Lane, 1250 Carlsbad Village Drive Project 4020 4030 4705 4706CITY OF CARLSBAD - AGENDA BILL 11 AB# 21.693 APPROVE RESOLUTION TO AUTHORIZE AN AGREEMENT WITH GROUP 4 ARCHITECTURE FOR DESIGN SERVICES FOR THE CARLSBAD CITY LIBRARY AND GEORGINA COLE LIBRARY PROJECTS, LOCATED AT 1775 DOVE LANE AND 1250 CARLSBAD VILLAGE DRIVE, PROJECT NOS. 4020, 4030, 4705 and 4706 DEPT. DIRECTOR U/^ MTG. 7/22/14 APPROVE RESOLUTION TO AUTHORIZE AN AGREEMENT WITH GROUP 4 ARCHITECTURE FOR DESIGN SERVICES FOR THE CARLSBAD CITY LIBRARY AND GEORGINA COLE LIBRARY PROJECTS, LOCATED AT 1775 DOVE LANE AND 1250 CARLSBAD VILLAGE DRIVE, PROJECT NOS. 4020, 4030, 4705 and 4706 CITY ATTY. '%<^ DEPT. PW-PEM APPROVE RESOLUTION TO AUTHORIZE AN AGREEMENT WITH GROUP 4 ARCHITECTURE FOR DESIGN SERVICES FOR THE CARLSBAD CITY LIBRARY AND GEORGINA COLE LIBRARY PROJECTS, LOCATED AT 1775 DOVE LANE AND 1250 CARLSBAD VILLAGE DRIVE, PROJECT NOS. 4020, 4030, 4705 and 4706 CITY MGR. /Jr. RECOMMENDED ACTION: Approve Resolution No. 2014-185 to authorize an agreement with Group 4 Architecture for design services for the Carlsbad City Library and Georgina Cole Library projects, located at 1775 Dove Lane and 1250 Carlsbad Village Drive, Project Nos. 4020, 4030, 4705 and 4706. ITEM EXPLANATION: The Fiscal Years 2013-14 - 2014-15 Capital Improvement Plan (CIP) budgets approved bythe City Council include funding for projects at the Carlsbad City Library (Dove Library) and Georgina Cole Library (Cole Library) facilities for refurbishments and improvements. The goals for both projects are to provide flexible use of space to meet current and future service demands and improve ease of access to services and information via technology upgrades and wireless access. On April 15, 2014, staff presented revised pricing on the original scopes of work, as well as enhanced library modifications to position the libraries for the future. With regard to the Cole Library, staff recommended completing only the original scope of work along with a fire suppression system and additional maintenance items. City Council supported the recommendation in light ofthe remaining ten year useful life ofthe facility. Regarding the Dove Library, staff recommended to the City Council a series of additional improvements to enhance the facility as a community gathering space. The recommended improvements included upgrades to the courtyard and auditorium, creating a west patio, adding a cafe, relocating the Friends of the Library bookstore, and removing the south stairs to enhance public seating options and create a community "living room" feel. The City Council directed staff to return at a later date with additional information before rendering a decision about expanding the scope of work. Staff anticipates returning periodically to the City Council with information and recommendations. The agreement with Group 4 has a provision to render additional services for the design of this scope, which will only be used if City Council approves these improvements. DEPARTMENT CONTACT: Patrick McGarry 760-602-2739; patrick.mcgarry@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVEP CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • REPORT RECEIVED • On April 30, 2014, the City issued a request for qualifications (RFQ) to hire an architectural design firm for the design phase of both projects. The consultant will review and confirm programming needs, validate space needs, prepare site arrangement plans, concept floor plans, plans and specifications, construction cost estimates, and construction documents, obtain necessary permits, assist during bidding, and provide related support services during construction. For economy of scale, both projects will be designed concurrently. On May 27, 2014, staff received eight proposals for professional engineering design services. The proposals were reviewed by a selection committee and the top four firms were invited to interviews on June 19, 2014. Group 4 Architecture was ultimately selected as the most qualified firm and was invited to enter negotiations with the City. Negotiations were completed on June 26, 2014 and the terms ofthe agreement have been established as a not to exceed price of $970,880. Due to the aggressive project schedule, staff recommends that City Council authorize the Mayor to execute a professional services agreement with Group 4 Architecture for the Dove Library and Cole Library projects. Project Nos. 4020, 4030, 4705 and 4706. The tentative project schedule for the design phase for both projects is as follows: Table 1 Tentative Schedule Cole Library Activities Timeframe Review and confirm programming needs, validate space needs, prepare site arrangement plans, concept floor plans Sept-Oct 2014 Prepare plans and specifications, construction cost estimates and construction documents, obtain necessary permits Nov-Dec 2014 Bidding and award Dec 2014-IVIay 2015 Construction Fall 2015 Dove Library Activities Timeframe Review and confirm programming needs, validate space needs, prepare site arrangement plans, concept floor plans Sept-Oct 2014 Prepare plans and specifications, construction cost estimates and construction documents, obtain necessary permits Nov-Dec 2014 Bidding and award Dec 2014-May 2015 Construction Winter/Spring 2016 FISCAL IMPACT: TABLE 2: DOVE AND COLE LIBRARY PROJECTS BUDGET STATUS CIP Account (by facility) APPROPRIATED TO DATE EXPENDITURES/ ENCUMBRANCES TO 6/30/14 REMAINING BALANCES Cole Library Design $501,244 $74,617 $426,627 Cole Library Construction $4,805,056 $0 $4,805,056 Subtotal $5,806,300 $74,617 $5,731,683 Dove Library Design $341,992 $69,857 $272,135 Dove Library Construction Approved Scope $3,397,708 $0 $3,397,708 Subtotal $3,116,050 $69,857 $3,046,193 TOTAL: Dove & Cole Library Projects $8,922,350 $144,474 $8,777,876 Sufficient funds are available forthe completion ofthe design phase, project management, permitting, and construction of both projects given their current scopes of work. Should City Council ultimately choose to expand the scope of the Dove Library project as discussed above, additional funding will need to be appropriated to support that work. Below is a table that shows the design fee breakdown for the libraries: Table 3. Design Fee Breakdown Library Design Fee Not To Exceed Cole $426,627 Dove - approved scope $272,135 Dove - pending approval scope $272,118 Total $970,880 ENVIRONMENTAL IMPACT: The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15302(c), concerning replacement or reconstruction of existing facilities involving negligible or no expansion of capacity. EXHIBITS: 1. Approve Resolution No. 2014-185 authorizing an agreement with Group 4 for design services for 2. 3. the Carlsbad City Library and Georgina Cole Library projects, located at 1775 Dove Lane and 1250 Carlsbad Village Drive, Project Nos. 4020,4030,4705 and 4706. Location Map. Agreement with Group 4 Architecture. t7^idn \ 24 25 26 27 28 1 RESOLUTION NO. 2014-185 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AN AGREEMENT WITH GROUP 4 3 ARCHITECTURE FOR DESIGN SERVICES FOR THE CARLSBAD CITY LIBRARY AND GEORGINA COLE LIBRARY PROJECTS, LOCATED AT 1775 ^ DOVE LANE AND 1250 CARLSBAD VILLAGE DRIVE, PROJECT NOS. 4020, 3 4030, 4705 and 4706. 6 .. WHEREAS, the Department of Public Works solicited qualifications from design 7 consulting firms and received a total of eight submittals for design services for the Carlsbad City 8 g Library (Dove Library) and Georgina Cole Library (Cole Library) facilities, located at 1775 Dove 10 Lane and 1250 Carlsbad Village Drive, Project Nos. 4020,4030,4705 and 4706; and 11 WHEREAS, subsequent to review of the submittals, staff recommends Group 4 12 Architecture as the most qualified consultant for the project; and 13 WHEREAS, City staff recommends the Group 4 Architecture proposal to provide design services for Dove and Cole Libraries for an amount not to exceed $970,880 be approved; and WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest to enter into an agreement with Group 4 Architecture; and WHEREAS, the Fiscal Years 2013-14 - 2014-15 Capital Improvement Plan (CIP) budgets included funding for projects at the Dove and Cole Library facilities for maintenance and repair. 14 15 16 17 18 19 20 including re-carpeting, re-painting, and other refurbishments. 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 22 California, as follows that: 23 1. The above recitations are true and correct. 2. That the agreement with Group 4 Architecture for design services for the Dove and Cole Library facilities, located at 1775 Dove Lane and 1250 Carlsbad Village Drive, Project Nos. 4020, 4030, 4705 and 4706, is hereby approved and the Mayor is hereby authorized and directed to execute said agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 22nd day of July 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, CiW Clerk ^y$^". LOCATION MAP COLE LIBRARY SITE DOVE LIBRARY SITE cmr OF OCEANSIDE HIGHWAY 1^,^ VICINITY MAP NOT TO SCALE COLE LIBRARY. SITE NOT TO SCALE DOVE LIBRARY^ SITE PROJECT NAME DOVE LIBRARY RENOVATIONS AND COLE LIBRARY RENOVATIONS PROJECT NUMBER 40301, 47061 (DOVE) 40201, 47051 (COLE) EXHIBIT PLOTTED BY: SCOTT EVANS PLOT DATE:6/17/U PATH:D:\UISCELLANEOUS\LOCAVON UAPS\40301_40201-DOVE-COLE.DWG PEM1106 AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR THE LIBRARY RENNOVATION PROJECT GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. THIS AGREEMENT is made and entered into as of the ^H-'^ day of ^(^(c/ 2014, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. , a California corporation, ("Contractor"). RECITALS A. City requires the professional services of an architect that is experienced in design for the renovation of public library facilities. B. Contractor has the necessary experience in providing professional services and advice related to renovating the Cole and Dove libraries. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof in an amount not to exceed one hundred thousand dollars ($100,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance. City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended AgreemenL 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be an amount not to exceed nine hundred seventy thousand eight hundred eighty dollars ($970,880). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 1/30/13 PEM1106 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election. City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or eariy termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH". OR with a surplus City Attorney Approved Version 1/30/13 PEM1106 line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amounL These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. •X?^ I I If box is checked. Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providina Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain City Attorney Approved Version 1/30/13 PEM1106 the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be cleariy identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name Patrick McGarry Name David Schnee, AIA AlCP LEED AP Title Civic Projects Manager Title Principal Department Public Works PEM Address 211 Linden Avenue City of Carisbad South San Francisco CA 94080 Address 1635 Faraday Avenue Phone No. 650 871 0709 ext 217 Carisbad CA 92008 Email dschnee@g4arch.com Phone No. 760 602 2739 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 1/30/13 PEM1106 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fonwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this AgreemenL City will make a determination of fact based upon the work product delivered to City and ofthe percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment ofthe AgreemenL Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. City Attorney Approved Version 1/30/13 PEM1106 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty. City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othen^/ise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this AgreemenL 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// City Attorney Approved Version 1/30/13 PEM1106 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC., a California corporation —(sign here) CITY OF CARLSBAD, a municipal corporation of the State of California Mayor (print name/title) By: (sign here) (print name/title) ATTEST: BARBARA ENGLESO City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney Assistant City Attorne City Attorney Approved Version 1/30/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of vJ^^ ou_lzlh_77t_ Date } before me. ^ ^ C Here InserLNaipe and Title <^ thfe Officer personally appeared MARTA R. JIMENEZ Commission # 1957SS2 NtttwyPMMic.Caliiiorali SanMMMCMMly a 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. _f Signature / V<^t Signature of Notary Publl OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: y* /(/yi/L. Gc, il; <70(W _ Number of Pages: _ Capacity(ies) Claimed by Signer(s) Signer's Name: • individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact y • Trustee • Guardian or Conservatof"'' • Other: y^"^ Signer Is Representing:. RIPIiTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conserv^tof' • Other: ^ Signer.Js-'flepresenting: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 PEM1106 EXHIBIT A SCOPE OF WORK City of CaHsbad Dove Library and Cole Library Renovations I. INTRODUCTION AND GENERAL INFORMATION 1.0 PROJECT DESCRIPTION The Carlsbad City Library (CCL or Library) is comprised ofthe Georgina Cole Library, the Carlsbad City Library on Dove Lane, and the Library Learning Center and provides full library services to more than 100,000 library card holders. The Dove Library (Dove) is located at 1775 Dove Lane. It is a two-story, 64,000 square-foot facility that was designed by McGraw/Baldwin Architects and completed in 1999. The Georgina Cole Library (Cole) is at 1250 Carlsbad Village Drive. It is a 24,352 square-foot facility constructed in 1967. The facility was last improved in 2006 with a major HVAC upgrade. The goal for the renovation of the CITY's two library facilities is to provide flexible use of space to meet current and future library service demands, provide better access to information, improve community gathering spaces, upgrade wireless internet access and technology, promote collaborative learning, improve some back-of-house support areas, and address of number of maintenance needs. These improvements will support innovation and help the Library respond to the rapidly changing consumer marketplace and modern library needs of. 2.0 FEASIBILITY STUDY In 2012 the CITY commissioned a Feasibility Report to evaluate and define deficiencies of the physical space and building infrastructure for the Carlsbad City Libraries. City Council subsequently approved funding for capital improvements for both facilities in the fiscal year 2013- 14 budget. These correspond generally to the Dove Basic Scope (Dove I) and Cole Basic scopes described below. In 2013 the Feasibility Report was expanded to examine if additional improvements would provide added value to the community if done concurrently. The resulting January 17, 2014 Feasibility Report Addendum 01 (2014 Addendum) dated was part of the May 24, 2014 RFQ used to select the CONSULTANT. In August of 2014, the CCL intends to request CITY Council provide additional funding for a subset ofthe additional improvements described in the 2014 Addendum which generally correspond to the Dove Optional Scope (Dove II) described below. It is understood that, as the previous reports were preliminary in nature, over the course of this project additional scope refinements will likely be needed to stay within the CITY's allocated project budgets. 3.0 PROPOSED SCOPE OF LIBRARY IMPROVEMENTS Dove Basic Scope ("Dove I") The Dove I scope has a construction budget of $2,700,000. PEM1106 The Dove I scope generally includes the following items: • replacement of carpeting and other non-permanent flooring throughout the building • repainting of walls and GWB ceilings - new walls/ceilings only • create teen area on second floor • update public technology areas • flexible meeting rooms on second floor • more public seating throughout • collaborative study spaces in teen area and meeting rooms • ergonomic improvements at circulation desk • reconfigure book stacks as necessary, shelving programming • technical services reconfiguration and new offices • mail room reconfiguration Other Dove project scope to be conducted independently by the CITY without services by the CONSULTANT include: • exterior painting • clean ductwork • patch and slurry seal parking lot • replace exterior window/door sealants • new roof • central plant improvements • theater AV equipment replacement Dove Optional Scope ("Dove 11") The Dove II scope has an established construction budget of $1,900,000. The Dove II scope generally includes the following items: • Relocation of the Cafe to the Friends of the Library space. • Relocation of the Friends of the Library space to a location adjacent to the atnum. • Improvennents to the front courtyard. • Improvements to the rear courtyard. • Improvements to the auditorium that may include a reconfigured stage. In Basic Services Task 1 below, the CONSULTANT will work with the CITY to communicate the scope and benefits of the Dove II optional scope items to the CITY Council at which point the CITY may authorize the Optional Services for the CONSULTANT design services for the Dove II scope. Georgina Cole Librarv The Cole scope has an established construction budget of $3,567,000. The Cole scope generally includes the following items: • replacement of carpeting and other flooring throughout the building • new interior paint • upgrade existing restroom finishes • enclosing the atrium space • upgrade of the existing elevator • interior stairway compliance PEM1106 replacement of the suspended ceilings system and light fixtures installation of a fire sprinkler system and fire alarm system revisions. installation of a possible fire suppression system in the History Room ADA upgrades to existing bathrooms consolidating three service desks into one central desk creating a small teen area with study room, reconfiguring shelving to maximize collection options, relocating the Carlsbad History Room to the second floor Genealogy with dedicated climate control meeting room improvements on both floors modernizing staff work areas on the second floor staff mezzanine. Improvements to all low voltage system impacted by the renovations. Other Cole project scope to be conducted independently by the CITY without services by the CONSULTANT include: • main boiler/chiller/AHU improvements • clean ductwork • domestic HW heater replacement • roofing replacement • exterior painting • clean and seal exterior walls • exterior changes • exterior window film • replace exterior window/door sealants • patch and slurry seal parking lot 4.0 PROJECT DELIVERY AND SEQUENCING The CITY has elected to utilize the Design/Bid/Build delivery method for these projects. The CONSULTANT shall provide the Schematic Design through Bidding and Award Task services for both Libraries simultaneously. Construction Phase and Closeout Task services for both libraries will be staggered. The project will be sequenced to, minimize library closures, to time library closures to not occur during summer reading program, and to not have more than one library closed at a time. 5.0 CONSTRUCTION MANAGER and COST ESTIMATION SERVICES The CITY has engaged the services of a third party Construction Manager to assist the CITY with coordinating the services of the CONSULTANT and Contractors. All direction given to the CONSULTANT must be given by the CITY. The CITY will provide cost estimating services for the project at the Schematic Design, 50% Construction Documents, and 90% Construction Documents submissions. The CONSULTANT shall be entitled to rely upon the accuracy of CITY's cost estimates. 6.0 PROJECT MANAGEMENT TEAM During each phase of the project, direction will be given to the CONSULTANT in Project PEM1106 Management Team (PMT) meetings. Attending these meetings will be the CONSULTANT, the CITY's Project Manager, Library representatives, The CITY's Construction Manager and others as determined by the CITY. Agreements and action items will be documented in meeting minutes. Except where otherwise specified in this agreement, summaries of decisions, design direction, establishment of project requirements may be communicated and documented through written meeting minutes and e-mails. 7.0 SDG&E Savings by Design Program The CITY participates in the Savings by Design program funded by SDG&E. This project is anticipated to have numerous opportunities to take advantage of this program. The CONSULTANT shall provide the required design documentation to support participation in this program. II. CONSULTANT'S BASIC SERVICES The CONSULTANT'S scope of basic services for the Project includes Schematic Design Documentation, Construction Documents, assistance with Bidding & Award, Construction Administration, and Community Participation. The CONSULTANT'S basic services includes the following subconsultants and disciplines: • Group 4 Architecture Interior Design, Furniture, Fixtures & Equipment • Demmers Shelving Programming • TTG Structural Engineering Mechanical Engineering Plumbing Engineering and Fire Protection performance design Electrical Engineering Low Voltage Cabling PEM1106 TASK 1. DOVE II PROGRAM CONFIRMATION and COLLECTION and SHELVING CONFIRMATION for COLE and DOVE During this Task the CONSULTANT shall: 1.1 Prepare 3D digital models ofthe following spaces in the existing building: • Front Courtyard • Rear Courtyard • Auditorium • Cafe • Friends Store • Main Hall 1.2 Meet with the Library to develop a better understanding of the 2014 Feasibility Report Addendum design recommendations for the above spaces. 1.3 Model the desired improvements of the 2014 Feasibility Report Addendum for the above listed spaces. 1.4 Create vignette views ofthe digital model to help illustrate the opportunity. 1.5 Create a draft PowerPoint presentation that summarizes 2014 Feasibility Report Addendum information illustrated with the above model vignettes and other images from other projects that illustrates the design opportunity. 1.6 Review draft presentation with PMT. 1.7 Revise presentation and attend City Council session and make presentation along with CITY staff other designated groups as required. 1.8 The CONSULTANT shall meet with the Library to review library collection and circulation data and discus local collection priorities, strategies, and collection development and shelving and merchandizing trends. 1.9 The CONSULTANT shall prepare draft collection and shelving program documents that incorporates the Library's preferred approach to circulation factors, collection growth and growth time horizon, role and rate of adoption of digital formats, and preferred shelving and merchandizing strategies. 1.10 The Library will review and give feedback to the CONSULTANT. 1.11 The CONSULTANT will finalize the collection and shelving program documents. 1.12 The CONSULTANT will prepare architectural program verification drawings reflecting the special needs ofthe shelving program. Meetings/Trips • PMT Kick-off meeting at CCL (Trip 1) • CITY Council Presentation (Trip 2) • PMT web conferences as needed PEM1106 Deliverables • Vignettes of above listed spaces • Draft and final PowerPoint presentation. CITY Responsibilities • Analyze costs for desired work and develop presentation materials and make presentation in support of funding recommendations. The following Tasks 2 through task 5 will be performed concurrently for the Dove I, and Dove 11 if authorized by Council, and Cole scope as a single effort. TASK 2. SCHEMATIC DESIGN PHASE During this Phase the CONSULTANT shall: 1.13 Establish relevant Building Codes and Laws The CONSULTANT shall research and review available project information, including commitments, resources and regulatory considerations that may impact the project. 1.14 Create Approximate Background Drawings The CONSULTANT shall review existing conditions and existing documentation. The CONSULTANT shall, in areas where new work will be performed, create digital background drawings of approximate existing conditions based on CITY-provided as-built drawings. The CONSULTANT shall perform limited field observation and measurement to verify the existing building architectural, structural, mechanical, plumbing and electrical disciplines. Observation will be limited to those features that are readily accessible on foot or visible without removal of ceiling tiles, wall and floor finishes, etc. Contractors will be required to field verify all conditions during construction. 1.15 Prepare Schematic Design For the project scope described above the CONSULTANT shall prepare up to three (3) design and project scope options for presentation and review by the Project Management Team (PMT). The design options shall include floor plan diagrams and other information to communicate general direction and scope. The CONSULTANT shall prepare Schematic Design documents based on the preferred design options, including preliminary, floor plans, furniture layouts and system descriptions, elevations, building sections, and outline specifications. 1.16 Provide feedback on project cost models The CONSULTANT shall review Preliminary Project Construction Cost model. The CONSULTANT shall prepare preliminary FFE budget. 1.17 Validation of Scope of Work-Integrated Design Workshop The CONSULTANT will conduct an Integrated Design Workshop (IDW) with the CITY to identify a project scope that can be accomplished within the project budget that best meets project parameters, technical requirements, and sustainable design goals; address durability, maintainability, and first-time and life cycle cost considerations. PEM1106 At a PMT meeting, the CITY shall select a preferred design and project scope option, which the CONSULTANT shall continue to develop in the 50% Construction Documents Task. 1.18 Validation of schedule The CONSULTANT shall review the project schedule created bythe CITY and provide input regarding deliverables and milestone dates. 1.19 Preliminary Meetings with Planning and Building Departments As needed, the CONSULTANT will review the Schematic Design with staff from the Building and Planning Departments one time during the Schematic Design phase. 1.20 Community Engagement The CONSULTANT shall prepare project update presentations to the: • Library Board, • Arts Foundation, • Friends of the Library, These presentations will be scheduled concurrently with other scheduled project meeting days. The Consultant shall prepare a community Kiosk for in-library display that will present information about the project and solicit community input on appropriate design concepts. Meetings • Up to three (3) PMT meetings, one in Carlsbad (Trip 3) • Two (2) Integrated Design Workshop (Trip 3, and 4). • Up to three (3) technical meetings including; Planning, Library, and Building Department meetings, if done in Carlsbad, scheduled to coincide with Trip 3 or 4. Deliverables • Background Drawings • One (1) set of digital documents at 50% Schematic Design documents including: architectural floor plans, reflected ceiling plan. architectural exterior elevations and select interior elevations. preliminary interior finish plans preliminary furniture layout plan engineering plans and annotated narrative • Outline and narrative specifications shall identify the major materials and systems and shall establish their general quality levels. Specifications shall be consistent with the Construction Specifications Institute (CSI) format, the version of which shall be determined by CONSULTANT. • Stakeholder presentations • In-library kiosks CITY Responsibilities • The CITY'S cost consultant will prepare preliminary project cost models addressing comprehensive hard and soft costs and appropriate project contingencies. PEM1106 • CITY'S cost consultant will prepare detailed construction cost estimates, with appropriate schematic design contingencies of the schematic design documents. • The CITY and its designated stakeholders will review the Schematic Design Submittal and prepare a unified response with comments and direction. Upon approval, the 50% Construction Document Task will commence. • CITY shall supply to CONSULTANT access to the site and building for the purpose of investigating and measuring existing conditions. CITY shall supply to CONSULTANT Project Cost Plan and confirmation of construction cost budget and required design, construction and bid contingencies if any. • CITY shall identify reviewing departments and agencies that are stakeholders in the Project. • CITY shall schedule and advertise the stakeholder meetings and provide venue logistics, refreshments, etc. • The CITY shall provide to the CONSULTANT specifications for Dove Auditorium audio visual equipment including projector type, mounting and location and equipment rack and carriage space requirements for the CONSULTANT to be able to provide the proper power infrastructure to support these CITY provided and designed items. TASK 3. 50% CONSTRUCTION DOCUMENTS 1.21 After completion of Schematic Design, the design of the project shall be advanced into more detailed refinement by initiating 50% Construction Document Task. Design services for work beyond the budget is not included in Basic Services. 1.22 CONSULTANT shall address CITY's comments from the Schematic Design submittal and continue to refine and make progress on the construction documents. 1.23 CONSULTANT shall prepare draft construction documents setting forth in detail the requirements for construction of the Project, including drawings and specifications that establish in detail the quality levels of required materials and systems. The 50% Construction Documents package shall include drawings and technical specifications from all disciplines. 1.24 CONSULTANT shall prepare and submit a 50% Construction Documents package to the CITY. 1.25 For Cole only, the CONSULTANT shall prepare performance drawings and specifications for a fire sprinkler and fire alarm system. Fire sprinkler design and fire alarm design shall be considered deferred approval. CONSULTANT shall indicate locations and routings of primary sprinkler risers and distribution piping for architectural coordination. The CITY will engage a fire suppression contractor to assist in the evaluation of a pre-action fire suppression system for the History Room. For Dove, the existing Fire Alarm will be revised as needed in newly configured spaces. 1.26 Telecommunications infrastructure for wireless access points (Wi-Fi) will be based on industry rules of thumb and engineering judgment. The CITY's IT Department will provide direction to the CONSULTANT. PEM1106 1.27 CONSULTANT shall prepare a Project Manual that includes the Conditions ofthe Contract for Construction provided by the CITY, Technical Specifications, and bidding requirements and sample forms furnished by the CITY. 1.28 CONSULTANT shall prepare a Basis of Design technical manual with product literature and data for all proposed materials, equipment, and fixtures selected forthe project. 1.29 CONSULTANT shall prepare Building Code Analysis including a preliminary occupancy and exiting plan and required fire rating/separation. 1.30 CONSULTANT shall explore the opportunities for the project to participate in the SDG&E Savings by Design Program and make recommendations and describe project scope impacts to the CITY for the CITY to provide direction. 1.31 CONSULTANT shall prepare options for library, and standard furniture including service desks and counters and end panels for review and selections by the PMT. 1.32 The CONSULTANT shall prepare FFE material, finish and color options for selection by the PMT. The CONSULTANT shall summarize the final FFE selections and finishes. 1.33 The CONSULTANT shall prepare design options for exterior and interior code signage for selection by the PMT. Signage scope is limited to areas where other work is being performed and is not comprehensive. The Consultant will make available a limited range of sign designs that may be selected and minimally customized for wayfinding purposes. The CONSULTANT shall prepare signage bid documents to be included with the bid package for the general building and site work. 1.34 Provide feedback on project cost models The CONSULTANT shall review Preliminary Project Construction Cost model. The CONSULTANT shall update the preliminary FFE budget. 1.35 Validation of Scope of Work - Integrated Design Workshop 2 The CONSULTANT will conduct the second Integrated Design Workshop (IDW) with the CITY to identify a project scope that can be accomplished within the project budget that best meets project parameters, technical requirements, and sustainable design goals; address durability, maintainability, and first-time and life cycle cost considerations. At a PMT meeting, the CITY shall select a preferred design and project scope option, which the CONSULTANT shall continue to develop in the 90% Construction Documents Task. 1.36 The Consultant shall prepare and present a project update to City Council. Meetings • Up to three (3) PMT meetings, one in Carlsbad (Trip 5) • Two (2) Integrated Design Workshop (Trip 5 and 6). • Up to three (3) technical meetings, if done in Carlsbad, scheduled to coincide with Trip 5 or 6. • One (1) City Stakeholder update scheduled to coincide with Trip 5 or 6. PEM1106 Deliverables • One (1) set of digital documents at 50% Construction Document Phase documents including all of the documents included in the schematic design phase submittal plus the following developed to the level of detail appropriate to the submission: • Building sections, wall sections, wall details, door and window schedules and details, interior finish plans, notes, interior elevations, enlarged plans details, code plans and information. • Engineering details, schedules, notes and calculations where required. • FFE cost model identifying unit costs for each of the furniture items specified in the building program. • Code signage. CITY Responsibilities • CITY'S Construction Manager will prepare detailed construction cost estimates, with appropriate contingencies. • The CITY and its designated stakeholders will review the 50% Construction Document Submittal and prepare a unified response with comments and direction. Upon approval, the 90% Construction Document Task will commence. TASK 4. 90% CONSTRUCTION DOCUMENT PHASE In this Task the CONSULTANTS will prepare plans, specifications, and supporting calculations to be submitted to appropriate agencies having jurisdiction over the project. 1.37 Construction Drawings Final construction drawings shall be prepared in order to describe and identify the spaces, sizes, volume, and location in detail for the construction of the project. CONSULTANT shall prepare and submit a 90% Construction Documents package for Building and Fire Department Plan Check submittal. 1.38 Project Manual The project manual provides detailed technical information pertaining to the administration ofthe contract for construction, materials and equipment to be furnished, acceptable manufacturers, and the requirements for executing the work. The CITY's standard language and Design Standards shall be incorporated into the manual. The City and Construction Manager shall prepare instructions to bidders, bidding forms, general conditions, supplementary special conditions and the CONSULTANT shall prepare the construction trade sections forthe project. 1.39 Final Design Calculations. Final design calculations shall be prepared and submitted with the final plans and specifications for review and approval by governing agencies having jurisdiction over the project. Structural calculations and mechanical/electrical (Title 24 Energy Compliance) shall be completed during this phase. 1.40 The CONSULTANT shall prepare appropriate documents to support participation in SDG&E Savings by Design program. PEM1106 1.41 The Consultant shall prepare and present a project update to City Council. Meetings • Up to two (2) PMT meetings, one in Carisbad (Trip 7) • Up to two (3) technical meetings, if done in Carlsbad, scheduled to coincide with Trip 7. • One (1) CITY Council update scheduled to coincide with Trip 7. Deliverables • Up to three (3) sets hard copy full size documents for Building Department Review. • One set of digital documents. CITY Responsibilities • CITY'S Construction Manager will prepare detailed construction cost estimates, with appropriate contingencies. • The CITY and its designated stakeholders will review the 90% Construction Document submittal and prepare a unified response with comments and direction. Upon approval, the 100% Construction Document Task will commence. TASK 5.100% CONSTRUCTION DOCUMENT PHASE Final Plan Check. The final construction documents shall be revised and amended in order to reflect any plan check requirements, and at this time, construction documents will be ready for competitive bidding. 1.42 The CONSULTANT will resolve issues identified in plan reviewer's comments. 1.43 CONSULTANT shall prepare the Back- Check /Permit Set (100%) Construction Documents package with final quality control comments from CITY's Building and Fire department review incorporated. This package will be used for issuance ofthe Building Permit and Bid Package. Meetings • PMT webcon meetings as needed Deliverables CONSULTANT shall provide a full-sized original set, wet-stamped and signed, as required by the CITY, by all the appropriate licensed design disciplines. CONSULTANT shall also provide digital plot files directly to CITY's printing company for printing bid sets. TASK 6. BIDDING PHASE 1.44 During the Bidding Phase, the CONSULTANT shall provide administrative support services to assist the CITY in obtaining competitive bids for the proposed project. The Design CONSULTANT shall respond to any questions, clarifications, or conflicts which may arise PEM1106 in the form of written addenda to the contract documents. At this time, requests for substitutions may be considered if allowed by the contract documents. 1.45 The CONSULTANT shall provide the following services for the Bidding Phase ofthe project: • Questions, clarifications, or conflicts arising out of the bidding process will be resolved by addenda items prepared by the CONSULTANT and issued by the CITY. Addenda to the contract for construction shall be prepared in writing to document any clarification or modification made to the contract documents. Meetings PMT webcon meetings as needed No CONSULTANT attendance at the pre-bid conference is required Deliverables • One reproducible (hard copy for Construction Document contract file) and digital plot set of Construction Documents "Conform" package revised with all addenda, CITY reviews and plan check comments, including Fire Department, incorporated and ready for Award, and Construction. CITY Responsibilities: • Advertisement of bid, printing of bid sets, collection and review of bids. Prequalification of bidders, or evaluation of bidders such as reference checks if desired. TASK 7. CONSTRUCTION ADMINISTRATION PHASE 1.46 The CONSULTANT shall participate in job site meetings at weekly intervals in order to generally review the construction schedule, receive updates on the Contractor's weekly performance, and provide assistance for any clarification or revision to the contract for construction. Shop drawings and related submittals shall be reviewed and returned to the CONSULTANT for appropriate action. The Contractor's requests for information, proposal requests, and related communications shall be attended to on a regular basis. 1.47 Upon completion ofthe Construction Phase the CONSULTANT shall organize and conduct a final walk-through and review. 1.48 The CONSULTANT shall prepare a final punch list for all required corrections and remaining work shall be prepared. 1.49 During the Construction Phase of the project, the following services shall be furnished: • Preconstruction Conference: A preconstruction conference shall be organized and conducted by the CITY to brief all parties concerned with general and special requirements of the contract for construction. The CONSULTANT shall attend to assist in the briefing and participate in the discussion. Procedural matters, routing of information, and project representatives shall be defined. Attendees shall include representatives from the CITY, the CONSULTANT, the Contractor, and all major subcontractors. PEM1106 • Job Site Meetings: Job site meetings at weekly intervals shall be scheduled and conducted by the CITY for the same day and time through the duration ofthe project. The CONSULTANT shall participate in all regularly scheduled job site meetings, and shall participate in person in up toten (10 job site meetings. • The CONSULTANT shall publish and distribute a field report for each job site visit, documenting the progress of construction. • Submittal and Shop Drawing Review. The CONSULTANT shall review all required shop drawings and related submittals as required by the contract documents. 1.50 Project Closeout • At the completion of the Construction Phase, the CONSULTANT shall be present for a final job site meeting and review of the entire facility shall be conducted. This meeting will be concurrent with the second walk-through. • A final punch list will be published and distributed by the CONSULTANT to all parties concerned, specifically noting required corrections, non-conforming work, and work remaining to be completed. • A second walk-through shall be conducted when all punch list items have been corrected, at which time a Final Notice of Completion shall be filed by the CITY. • The CITY requires the punch list to be created using tablet computers and punch list software such as BlueBeam©. 1.51 Record Documents • A set of final record documents will be created from the Contractor's as-built drawings. • The CONSULTANT will revise the original Digital Drawings to reflect the as-built condition. Meetings • PMT webcon meetings as needed • Up to ten (10) on-site visits per Library (trips 8-17 for Cole, and trips 18-27 for Dove) including preconstruction conferences, weekly job site meetings, punch lists and final walk throughs. Deliverables • Construction Observation reports • One (1) hard copy and digital copies (AutoCAD and PDF format) of the record documents. III. ADDITIONAL SERVICES 1.0 CONTINGENT ADDITIONAL SERVICES 1.1 If the following services are required due to circumstances beyond the CONSULTANT'S control, the CONSULTANT shall notify the CITY prior to commencing such services. If the CITY deems that such services are not required, the CITY shall give prompt written notice to the CONSULTANT. If the CITY indicates in writing that all or parts of such Contingent PEM1106 Additional Services are not required, the CONSULTANT shall have no obligation to provide those services. • Making revisions in drawings, specifications or other documents when such revisions are: • Inconsistent with approvals or instructions previously given by the CITY, including revisions made necessary by adjustments in the program or Project budget, except as required under II. Basic Services. • Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents. • Due to changes required as a result of the CITY failure to render decisions in a timely manner. • Required as a result of bids being greater than the Construction Manager's cost estimates. 1.2 Providing services required due to significant Project scope changes, including, but not limited to, size, quality, complexity, the approved Project schedule, or the method of bidding or negotiating and contracting for construction. 1.3 Providing services in connection with arbitration proceeding or legal proceeding except where the CONSULTANT is party thereto. 1.4 Work required to correct non-conforming work of contractor. 2.0 OPTIONAL SERVICES 2.1 Dove II scope. The CITY may authorize the CONSULTANT to add the desired project improvements described above for Dove II Optional scope. Dove I and Dove II scope will be done concurrently and fully integrated as a single Dove package for all required submittals described in Basic Services Tasks 2 through 8. 3.0 ADDITIONAL SERVICES The following services are not part of the CONSULTANT'S Basic Services and shall be performed by the CONSULTANT as Additional Services only if and when authorized by the CITY in writing: 3.1 Other services not specifically identified under Basic Services. 3.2 Landscape Architecture services 3.3 Civil Engineering services 3.4 Geotechnical Engineering services 3.5 Acoustical analyses and design services 3.6 Kitchen Equipment CONSULTANT services 3.7 Hazardous material assessments or documentation of any removal or abatements if required. 3.8 Hidden condition or subsurface investigations of existing building or site. 3.9 Materials testing or destructive investigations of existing building or site. 3.10 Existing roofing, flashing, roof drainage assessment and roof repair design and specification. 3.11 Structural analysis of existing building for the purpose of code upgrades to the existing structure. PEM1106 3.12 Cost Estimation services. 3.13 Evaluation of and documentation of existing furniture or shelving for possible refurbishment and/or reuse. 3.14 Audio visual systems design and specifications for built-in projection, screens, and equipment, advanced control systems (AMX or Crestron) or other advanced Video Teleconferencing (VTC) 3.15 Selection and specification of Automated Materials Handling equipment. 3.16 Electronic Security Systems including access control, intrusion detection and CCTV security system design and specification. 3.17 Telecommunications/Data programming 3.18 Acoustical analyses and advising services - interior room isolation, HVAC noise vibration control 3.19 Hydraulic calculation or fire alarm load calculation. 3.20 Predictive RF surveys, design or specification of active electronic equipment (network switches, wireless routers, and network design), PBX. 3.21 Additional meetings or presentations. 3.22 Preparation of a Storm Water Pollution Prevention Plan (SWPPP). 3.23 Services related to public art including but not limited to assistance with artist selection, design coordination with artist proposals and submissions, engineering and building systems coordination of art installations. 3.24 Comprehensive and or custom Building and Library signage including freestanding or building mounted monument/marquee signs, stack end signs, general interior wayfinding signs, miscellaneous non-code required signs, donor recognition signs. 3.25 Preparation of communication, marketing and fundraising materials including flyers, kiosks, animations, artist renderings, physical presentation models, videos, web design and content. 3.26 Preparing bid alternates other than described in CONSULTANT'S Basic Services. 3.27 Preparing construction documents into more than a single bid and construction contract or phase per project. 3.28 Services related to reissuing the documents for Bidding the project after 90 days after bid set was prepared or Rebidding the project a second time. 3.29 Preparing CITY-initiated change orders during construction. 3.30 Site Visits and construction observation at intervals greater than indicated in Basic Services. 3.31 Construction phase services other than those described in Basic Services. 3.32 Building Commissioning, either basic or supplemental. 3.33 Move Planning or move or move-in assistance. 3.34 Web or social media services 3.35 Supplemental participation or travel expenses. 3.36 Preparation of Signage as a separate bid package independent ofthe package for general construction. PEM1106 EXHIBITB COMPENSATION City of Carlsbad Dove Library and Cole Library Renovations 1.0 COMPENSATION FOR BASIC SERVICES 1.1 For the Basic Services described in Exhibit A, Task 1 through Task 7, the City of Carlsbad shall pay the CONSULTANT a total fee in the amount not to exceed Six Hundred Ninety Eight Thousand Seven Hundred Sixty Two Dollars ($698,762.00). 1.1.1 For the Basic Services described in Exhibit A, Task 1 through Task 4, the CONSULTANT shall invoice for these services monthly for the percent complete of each task: Dove Basic Scope (Dove 1) Schematic Design $83,179 50% Construction Documents $43,061 90% Construction Documents (Plan Check) $36,858 100% Construction Documents (Back Check) $19,891 Bidding and Award $13,063 Construction Administration $76,083 Total Compensation - Dove 1 Basic Scope $272,135 Cole Library Renovation Schematic Design $106,589 50% Construction Documents $78,260 90% Construction Documents (Plan Check) $74,096 100% Construction Documents (Back Check) $27,736 Bidding and Award $18,052 Construction Administration $121,894 Total Compensation - Cole Library $426,627 2.0 COMPENSATION FOR OPTIONAL SERVICES 2.1 This Agreement includes an Optional Services Allowance of Two Hundred Seventy Two Thousand One Hundred Eighteen Dollars ($272,118.00) that is not included in the CONSULTANT'S Basic Services. The scope of services and compensation must be mutually agreed upon by the CITY and CONSULTANT. 2.2 If authorized by the CITY, the compensation for adding the Dove Optional Scope (Dove II) described in Exhibit A I. 3.0 for Tasks 2 through Task 7 shall be Two Hundred Seventy Two Thousand One Hundred Eighteen Dollars ($272,118.00) and will be added to the compensation for Dove Basic Scope (Dove I) described in Section 1.1.1 above. The CONSULTANT shall invoice for these services monthly for the percent complete of each task. PEM1106 Dove Optional Scope (Dove II) Taskl Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Dove II Program Confirmation (in Dove I scope) Schematic Design Phase 50% Construction Documents Phase 90% Construction Document Phase 100% Construction Document Phase Bidding Phase Construction Administration Phase $0 $189,768 $121,321 $110,954 $ 47,627 $ 31,115 $197.977 Optional Services: Dove II Library Renovation $272,118 3.0 COMPENSATION FOR REIMBURSABLE EXPENSES (See Allowance included under 1.1.1 above) 3.1 The foilowing reimbursable expenses are included in the compensation for Basic Services described above. CAD plotting of Consultant check sets and presentation drawings larger than H"xl7" foot. In-house black and white printing/copying of drawings larger than ll"x 17". In-house black and white printing/copying for draft and final reports and specifications. PMT handouts (maximum of 10 set's per meeting) Hard copy plots/copies for Building official submittals. Postage, delivery and messenger service. Photographic and digital imaging, including color and gray scale copies of any size. Telephone conferencing services. Travel expenses related to the trips included in Basic Services . Kiosk display presentation boards. Facilitation tools. Reimbursable expenses not expressly described above are excluded and may be authorized by the CITY as Additional Services. 4.0 COMPENSATION FOR ADDITIONAL SERVICES 4.1 For Additional Services, the City shall compensate the Consultant in addition to Compensation for Basic Services on a time and materials basis according to the rate schedule below or as otherwise mutually agreed. These rates are adjusted annually; the next adjustment will be July 1, 2015. PEM1106 GROUP 4 ARCHITECTURE RESEARCH + PLANNING, Inc. SCHEDULE OF PROFESSIONAL SERVICES Effective 1 January 2014 Principal in Charge 195.00 per hour Principal 185.00 per hour Associate 165.00 per hour Senior Project Designer 160.00 per hour Senior Project Manager 155.00 per hour Project Manager 145.00 per hour Architect III 140.00 per hour Architect II 130.00 per hour Architect I 120.00 per hour Intern III 110.00 per hour Intern II 100.00 per hour Intern I 90.00 per hour Project Support (80.00 -150.00) per hour TTG - STRUCTURAL, MECHANICAL, ELECTRICAL, PLUMBING CONSULTANT Principal $212/hr Project Manager $185/hr Project/Senior Engineer $170/hr Engineer $145/hr Designer $128/hr CADD Operator $92/hr Construction Administrator $145/hr Word Processor/Clerical $72/hr LINDA DEMMERS- Library Consultant $200/hr PEM1106 EXHIBIT C SCHEDULE City of Carlsbad Dove Library and Cole Library Renovations The project will be sequenced to, minimize library closures, to time library closures to not occur during summer reading program, and to not have more than one library closed at a time. The CITY plans to start construction of Cole in the fall of 2015. Dove construction is planned for the spring of 2016. The CONSULTANT shall conduct its activities to meet the following project milestones. Durations shown include CITY estimated durations for project input, project reviews, coordination by CITY, Library, Construction Manager, Building Department, and other stakeholders, coordination with other CITY project responsibilities, building permitting, and community engagement. CITY Notice To Proceed (NTP) August 1, 2014 Dove II Program Confirmation 1 month Schematic Design 1-2 months Construction Documents 2-3 months Building Permits 2 months Bidding and Award 3 months Cole Construction Procurement 4 months Cole Construction Fall 2015, 2-3 months Dove Construction Procurement 2-4 months Dove Construction Spring 2016, 2-3 months Task durations may be adjusted my mutual consent to facilitate stakeholder reviews, public input or other factors. The CONSULTANT is not responsible for delays from causes beyond its reasonable control.