HomeMy WebLinkAbout09-20-17 @1000am SP Measure W SC2Wednesday, September 20, 2017
10:00 AM
City of South San Francisco
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, CA
City Hall, City Manager's Conference Room
400 Grand Avenue, South San Francisco, CA
Measure W Standing Committee of Council
Special Meeting Agenda
September 20, 2017Measure W Standing Committee of
Council
Special Meeting Agenda
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of
California, the Measure W Subcommittee of the City of South San Francisco will hold a Special Meeting on
Wednesday, September 20, 2017, at 10:00 a.m., at the City Hall, City Manager's Conference Room, 400
Grand Avenue, South San Francisco, California.
Purpose of the meeting:
Call To Order.
Roll Call.
Public Comments.
MATTERS FOR CONSIDERATION
Motion to approve the minutes from the meeting of March 15, 2017.1.
Report regarding update on the Measure W Community Civic Campus Master
Architect procurement process. (Marian Lee, Assistant City Manager and Dolores
Montenegro, Kitchell Program Manager)
2.
Report regarding consideration of a Project Labor Agreement specifically for the
Measure W Community Civic Campus project. (Marian Lee, Assistant City Manager
and Dolores Montenegro, Kitchell Program Manager)
3.
Report regarding selection of the preferred Community Civic Campus project site
plan. (Marian Lee, Assistant City Manager)
4.
Adjournment.
Page 2 City of South San Francisco Printed on 9/20/2017
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-954 Agenda Date:9/20/2017
Version:1 Item #:1.
Motion to approve the minutes from the meeting of March 15, 2017.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-957 Agenda Date:9/20/2017
Version:1 Item #:2.
Report regarding update on the Measure W Community Civic Campus Master Architect procurement process.
(Marian Lee, Assistant City Manager and Dolores Montenegro, Kitchell Program Manager)
RECOMMENDATION
It is recommended that the Measure W Subcommittee receive an update on the Measure W Community
Civic Campus Master Architect procurement process. This is an information item and no action is
required.
BACKGROUND/DISCUSSION
For this year, a key milestone for the Civic Campus Project is to select a master architect. We have identified a
site for the project, secured most of the land needed for the project, and will conclude the environmental
analysis before year end. Procuring a master architect before year end will position the City to advance the
project design with the community during 2018. The following describes the Request for
Qualifications/Request for Proposal process that staff is currently conducting and evaluation results thus far.
Request for Qualifications Phase
A Request for Qualifications (RFQ) for architectural services for the Measure W Community Civic Campus
project was released on June 12, 2017. See Attachment 1 for the RFQ. The RFQ was made available through:
City’s eBidboard; Integrated Marketing Systems (IMS) and Dodge Data Analytics, which are information
centers for project announcements; and emails to 48 architectural firms.
Nine (9) firms/teams submitted their Statement of Qualification (SOQ) on Friday, July 14, 2017. The SOQs
included general information about the firms on each team, key team members, individual experience, team
experience and showcase projects. The City’s internal project team comprised of the Kitchell Program
Manager, Assistant City Manager, and staff from the Library, Parks & Recreation, Police, Fire, ECD and Public
Works departments participated in the evaluation of the SOQs. The focus of the review was to assess the teams
qualifications against the minimum requirements outlined in the RFQ to determine if they would advance to the
next step in the procurement process and be invited to respond to a Request for Proposal (RFP).
The following criteria, as expressed in the RFQ, were used to evaluate the SOQ for each team:
·Experience and demonstrated ability of the team
·Appropriate personnel-principals, project manager and other key personnel relevant experience and skills
·Prime consultant and sub-consultant experience in providing similar projects
·Overall quality of responses, and conformance with RFQ requirements of content, including overall
program/project understanding, as well as approach and proposed method to accomplish the work in a timely
and competent manner
Of the nine teams that submitted SOQs, six teams (as follows in alphabetical order) were shortlisted to
participate in the RFQ process:
1. ELS/Shah Kawaski/Sargent, Brinkley, Wiginton
2. Perkins + Will
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3. Smith Group JJR
4. Snohetta/Group 4
5. Skidmore Owings and Merrill/Marcy Wong Logan
6. WRNS Studio/Glass Architects
Three teams were eliminated for the following reasons:
·Behnisch Architekten,partnered with Quezada Architects, was identified as the architect of record;
however, they are not licensed to perform work in California.
·Polytech Architects did not clearly articulate their ability to render the required services, and they have
no demonstrated experience on public works that are similar in scale, size, and complexity to the
Community Civic Campus.
·Steinberg Architects did not follow the instruction in the RFQ.
A copy of the SOQs are in the Mayor’s Office and available for the Subcommittee members. These documents
are not public information at this time as the City is in an active procurement process.
Request for Proposal Phase
On August 18, 2017, a pre-proposal conference was held with the invited teams for the RFP. The essence of the
pre-proposal conference was to allow each team to hear from staff representing the Library, Park & Recreation,
Fire and Police departments what was important to inform their proposal. Following the conference, the RFP
was issued with a request for interviews on August 30, 2017. See Attachment 2 for RFP.
The evaluation panel, reviewing the proposals and participating in the interviews, comprised of the Assistant
City Manager, Library Director, Parks and Recreation Director, Police Chief, Fire Chief, Public Works Director,
ECD Director, Public Safety Facilities Expert from Kitchell CEM, and former Planning Commissioner and
practicing architect. The interviews involved a 20 to 30 minute presentation by each team with 20 to 30 minutes
left for questions and answers between the panel members and the team presenters. The interview provided an
opportunity for each team to personally introduce their team to the panel, discuss in more detail their relevant
experience and present their vision/ideas for the project. The proposal provided the detailed information
supporting their presentation.
The following evaluation criteria, as expressed in the RFP, were used to evaluate the teams:
·Team Experience
·Design Approach and Key Considerations
·Key Members
·Scope, Schedule, and Key Milestones
·Community Outreach
The panel has recommended advancing two teams, Smith Group JJR and ELS/Shah Kawaski/ Sargent,
Brinkley, Wiginton for final consideration. These two teams provided the best qualifications (team and
individually), resources, and vision for the project and achieved panel consensus on their ability to design
something wonderful for the City of South San Francisco.
A copy of the proposals are also in the Mayor’s Office and available for the Subcomittee members. These
documents are not public information at this time as the City is in an active procurement process.
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File #:17-957 Agenda Date:9/20/2017
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Final Phase
As the next and final step in the procurement process, reference checks of the key team members are being
conducted and a bus/virtual tour of relevant projects designed by the two teams will be provided to City
Council members and Interview Panel members to inform final deliberations. The tour will take place on
Friday, October 13, 2017. The two final teams are being asked to showcase their most impressive and relevant
projects. This tour will allow us to touch (real or virtual) what the teams have designed, then subsequently
constructed.
Following the tour, staff plans to return to the Subcomittee with a final recommendation and approach City
Council requesting action on November 8, 2017.
FISCAL IMPACT
This is an information item. There is no impact to the City’s budget.
CONCLUSION
It is recommended that the Measure W Subcommittee review the information provided in this report.
Attachments:
1. RFQ
2. RFP
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REQUEST FOR PROPOSAL FOR ARCHITECTURAL SERVICES
WITH SEALED FEE PROPOSAL
FOR THE
CITY OF SOUTH SAN FRANCISCO
MEASURE W – COMMUNITY CIVIC CAMPUS PROJECT
August 21, 2017
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I. Introduction
The City of South San Francisco (“City”) is soliciting Proposals with a separate sealed
Fee Proposal from short-listed Architectural firms/teams to deliver design services,
prepare construction documents and provide construction administration services for the
Community Civic Campus Project.
Only those firms/teams that were short-listed through the RFQ process are eligible
to participate in this Request for Proposals (“RFP”), which includes team/firm
interviews, submittal of the design proposal, and submittal of a sealed fee
proposal.
II. Scope of Services
The purpose of this RFP is to receive design services proposals, along with sealed
proposals with fee for purposes of entering into a services agreement through formal
negotiations for the professional services of an architectural firm/team.
Your firm has already demonstrated it has the requisite qualifications to be considered in
the RFP process, so resubmittal of your firm/team’s qualifications is not necessary.
Architectural firms/teams are urged to submit concise proposals, appropriate to the scale
of these projects and include only items that are relevant to this specific program scope.
A complete Proposal shall be submitted and shall be accompanied with a Fee in a
separate sealed envelope marked “Fee for Measure W - Community Civic Campus
Project.”
The base scope of services previously noted in RFQ dated June 12, 2017, includes
preparation of the following:
1. Campus Master Plan.
2. Circulation/Access Plan which addresses bike, pedestrian, ADA, public
transportation paths, and vehicular traffic as well as priority treatment necessary
for policy access to and from the site.
3. 100% architectural design services for Library and Recreation Facility, including
construction administration through close-out phase;
4. 50% schematic design for Police Station and Fire Station with the following two
options:
a. Criteria Documents for DB procurement; or
b. 100% design and architectural services through construction.
5. Community/Stakeholder outreach including conducting public design charrettes to
inform facility design.
A draft scope of architectural design services described in Attachment A is included as
a point of reference. The design team is expected to review this scope and expand upon
or tailor it by incorporating their expertise and proposed method of approach to complete
all design-required services within the milestone schedule set forth below.
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III. Key Tasks/Milestone Schedule and Budget
The project schedule anticipates design services through construction documentation for
the Library and Recreation Facility to be completed within twelve (12) months following
issuance of a notice to proceed and schematic and/or criteria documents for Police
Station and Fire Station within six (6) months from issuance of notice to proceed. The
firm/team selected will prepare, maintain and provide to the City an active project
schedule outlining all design deliverables, consultant coordination, utility coordination, all
meetings inclusive of public input and presentations, reviews, design approvals and
similar activities necessary to complete the project. The design production schedule will
be incorporated into the program master schedule developed and maintained by City’s
Program Managers, Kitchell CEM.
2017 October/November
o Architectural scope and fee negotiation
o Architectural team selection by City Council
o Execute Services Agreement
o Issue NTP
o Kick-off Meeting
2017/2018 – November/December 2017 – March 2018
o Program Validation/City Standards
o Conceptual Design(s), including Master Site Plan and Circulation Plan
o Schematic Design all buildings
o Community Design Charrettes/Input
o Conceptual and Schematic Design Cost Estimates
o Decision on final delivery option for Police and Fire facilities
o Preparation of Criteria Documents, Police and Fire (If Design-Build)
2018 – April – June
o Design Development
o Community Design Review/Input
o Design Development Cost Estimates
o Value Engineering (If necessary)
July 2018 – October/November 2018
o Construction Documentation Phase
o Construction Phase Cost Estimates
o Value Engineering/Identification of Bid Design Alternates
o Bid Documents Completed
January 2019 start construction
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The project cost estimate including hard and soft costs is $150-$166 million, and does
not include land acquisition. The project cost estimate will be updated once the City
selects one of the site plans currently being analyzed. The low range of $150M assumes
surface parking. The high range of $166 assumes structured parking.
IV. Form of Agreement
Attachment B is the City’s Standard Professional Services Agreement. Firms interested
in responding to this RFP should be prepared to enter into the agreement under the
standard terms and should be able to provide the required insurance. Firms must identify
any term or condition of the contract the firm requests modifying or deleting existing
provisions or adding new provisions. Firms must set forth a clear explanation of what
modifications would be sought and specific alternate language. The City will review but
is not obligated to accept any proposed changes.
Any comments or objections to the form of Agreement shall be provided in writing
before the interview and may be the subject of inquiry at the interview.
V. Selection Process
The Project contract may not be awarded to the lowest responsible firm/team. When
selecting the firm/team, the skill and ability of the entity or person performing the design
services is a key component of the selection criteria. The City will select a firm/team
based on demonstrated competence and on the professional qualifications necessary for
the satisfactory performance of the services required. Cost will be only one factor in
determining the selection.
During the interview, each firm/team will be rated based upon criteria identified in
Attachment C. At the conclusion of the team/firm interview and review of the proposal,
the selection panelists will score each firm. Based on the scores, the teams will be ranked.
The City will begin contract negotiations with the top ranking firm, as identified by this
process. If negotiations with the top-ranking firm are unsuccessful, negotiations will
terminate and the City will undertake negotiations with the second highest ranked firm.
City staff will make recommendations to the City Council, which reserve the right to reject
any or all proposals. The selection process will be completed when a contract is
executed. The Sealed Fee Proposal is considered confidential and will be used for
contract negotiations only with the preferred team/firm.
Each team/firm submitting a response to this RFP acknowledges and agrees that
the preparation of all materials for submittal to the City and all presentations,
related costs and travel expenses are at the candidate’s sole expense and the City
shall not, under any circumstances, be responsible for any cost or expense
incurred by the candidate. In addition, each candidate acknowledges and agrees
that all documentation and/or materials submitted with in response to this request
shall remain the property of the City.
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VI. Submittal Requirements
1. Cover Letter. The cover letter shall be signed by primary point of contact. The
letter should reintroduce the team to the City with a compelling reason why you
should be selected.
2. Team Experience. Provide team experience information on specific projects of
this type and size. Discuss the major challenges, lessons learned, and methods
for effective design management.
3. Design Approach and Key Considerations. Provide a narrative on how your
team will approach this project and what key considerations influenced your
approach. Discuss IT challenges as well as sustainability options.
4. Key Members. Use the Team Matrix form (Attachment D) and list the key
members of the team.
5. Scope, Schedule, Key Milestones. For the Civic Community Campus project,
provide the scope of work, schedule and highlight key milestones related to design
completion and post design in support of construction.
6. Community Outreach. Describe your approach to community outreach/design
charrette for the Civic Community Camps project.
7. Sealed Fee Proposal. Fee proposal shall be based on the following and by
phases of design:
• Option C site plan
• Base Scope (Programming, master site plan, circulation plan, 100% schematic
design for all buildings, post design services)
• Option 1 Scope (Complete design for Police and Fire facilities if City determines
DBB)
• Option 2 Scope (Complete criteria documents for Police and Fire facilities if
City determines DB)
(Note: We have selected Option C for cost estimating purposes. By time of
contract negotiations, a site plan is expected to be selected and appropriate
modifications will be requested of the team to inform final negotiated fee.)
Fourteen (14) copies of items 1-6 referenced in Section VI along with 1 copy of the Sealed
Fee Proposal, item 7, must be submitted at the time of each team’s interview and clearly
marked: Scope Proposal and Sealed Fee Proposal for Measure W – Community Civic
Campus Program.
FAX OR EMAIL RESPONSES WILL NOT BE ACCEPTED.
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Submission of this information indicates acceptance by the firm of the conditions
contained in this Request for Proposals with Sealed Fee unless clearly and specifically
noted in the submittal and confirmed in the contract between the City of South San
Francisco and the firm selected.
VII. General RFP Conditions
1. City Review of Proposals. The City of South San Francisco reserves the right to
reject any and all proposals, cancel all or part of this RFP, and waive any minor
irregularities and to request additional information from proposing financial institutions.
Do not contact any City of South San Francisco officer or official, employee, vendor or
customer to gather information regarding this RFP. All proposals and material submitted
will become the property of the City of South San Francisco and will not be deemed
confidential or proprietary. The City of South San Francisco reserves the right to award
in whole or in part, by item or group of items, when such action serves the best interests
of the City. Submission of this RFP and participation in the interview process shall in no
way be deemed to create a binding contract or agreement of any kind between the City
and the firm/team. The City’s standard form of consultant agreement will form the basis
of the contract between the parties.
2. RFP Questions. All questions must be forwarded directly to the Program Manager,
Dolores Montenegro, Kitchell CEM via email at [email protected] or by phone
at 650-554-9286.
3. No Discrimination. By submitting a proposal, the interested party represents that it
and its subsidiaries do not and will not discriminate against any employee or applicant for
employment on the basis of race, religion, sex, color, national origin, sexual orientation,
ancestry, marital status, physical condition, pregnancy or pregnancy-related conditions,
political affiliations or opinion, age, or medical condition.
4. No Conflict of Interest. Consultant may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless of location,
would place Consultant in a “conflict of interest,” as that term is defined in the Political
Reform Act, codified at California Government Code Section 81000 et seq. Additionally,
Consultant shall not employ any City employee or City official in the work performed
pursuant to this RFP. No officer or employee of City shall have any financial interest in
the proposed RFP that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve (12) months,
Consultant warrants that it did not participate in any manner in the preparation of this RFP
or the forming of a proposed Agreement. Consultant understands that, if the RFP results
in an Agreement being made in violation of Government Code §1090 et.seq., the entire
Agreement is void and Consultant will not be entitled to any compensation for services
performed pursuant said Agreement, including reimbursement of expenses, and
Consultant will be required to reimburse the City for any sums paid to the Consultant.
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Consultant understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of Government Code § 1090 and, if applicable, will be
disqualified from holding public office in the State of California. See Attachment E.
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ATTACHMENT A
EXAMPLE ARCHITECTURAL SCOPE OF SERVICES
Table of Articles:
0.0 GENERAL
1.0 PROJECT ADMINISTRATION SERVICES
2.0 EVALUATION AND PLANNING SERVICES
3.0 DESIGN SERVICES
4.0 CONSTRUCTION PROCUREMENT SERVICES
5.0 CONTRACT ADMINISTRATION SERVICES
6.0 ADDITIONAL SERVICES
0.0 GENERAL
ARCHITECT shall provide architectural design services for the construction of the proposed new
Community Civic Campus comprised of three (3) separate buildings including a potential parking structure
and associated site work. The new Community Civic Campus includes: an approximate 87,000-92,000
square foot Library and Recreation Center with an anticipated variety of uses located on an approximate
7.9-acre site located at the northeast corner of El Camino and Chestnut Avenue. An approximate 44,000-
49,000 square feet new Police station including Information Technology (IT) and Human Resources (HR)
located at the northeast corner of Chestnut and Antoinette. This building would include police administration,
operations, investigations and support services, emergency dispatch (911), as well as an IT and HR office
suites. Fire station 63 located at the southeast corner of Arroyo and Camaritas would be replaced with
construction of a new approximate 7,250-square-foot fire station, at grade facility within the existing footprint
of the Municipal Services Building (MSB) site, (hereinafter “PROJECT”).
0.1 The performance of all services by ARCHITECT shall be to the reasonable satisfaction of
the CITY, in accordance with the express terms hereof, including but not limited to the
terms set out in detail in the Scope of Services provisions and the standard of care
contained therein.
0.2 All of the services to be furnished by the ARCHITECT under this AGREEMENT from the
inception of the AGREEMENT until termination of the AGREEMENT shall meet the
professional standard and quality, which prevail among licensed architects of similar
knowledge and skill engaged in related work throughout California under the same or
similar circumstances. All documentation prepared by ARCHITECT shall provide for a
completed PROJECT that conforms to all applicable codes, rules, regulations and
guidelines, which are expected to be in force at the time such Project is built.
0.3 ARCHITECT shall coordinate this scope of all services with the CITY as the PROJECT’s
designated manager of this Scope of Services and CITY’s separate consultants and
contractors as needed or as directed by CITY.
0.4 All meetings to coordinate the preparation and review of all Design Documents shall be
documented by ARCHITECT. Copies of such documentation shall be provided to the CITY
within seven (7) days of each meeting, and as directed by the CITY, to other appropriate
agencies and entities. All responses to comments shall be coordinated through the CITY.
ARCHITECT shall make design changes and/or take direction based on either (1)
distributed written ARCHITECT/CITY meeting notes, upon which CITY shall have an
opportunity to comment and correct, prior to ARCHITECT taking action based on such
meeting notes, or (2) based on direct written authorization from the CITY.
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0.5 CITY shall provide direction of the design process to the ARCHITECT. The ARCHITECT
shall be directed to prepare all design documents necessary for development of the
Measure W – Community Civic Campus. General direction to the ARCHITECT shall be to
prepare all Design Documents in a manner consistent in design, utility, quality of the final
approved Program Plan ("Program"), and achieve a LEED rating or other sustainability
standard, as established and/or determined by CITY.
The CITY shall approve in writing the following documents that may also include Life Cycle
Cost Analysis and Cost Estimates as described in the deliverables for each phase:
(1) Conceptual Design/Campus Master Plan
(2) Final Space Programming
(3) 50% Schematic Design all buildings
(4) Criteria Documents for Design Build (DB) Procurement of Police and Fire, if
directed by CITY
The following deliverables shall apply to the Library/Recreation Facility, as well as Police
and Fire, if design bid build is selected
(5) 100% Schematic Design Documents;
(6) 50% Completion of Design Development Documents;
(7) 100% Completion of Design Development Documents;
(8) 50% Completion of Construction Documents;
(9) 90% Completion of Construction Documents; and
(10) 100% Construction Documents.
1.0 PROJECT ADMINISTRATION SERVICES
1.1 The ARCHITECT shall manage the design consultants and administer the PROJECT. The
ARCHITECT shall consult with the CITY, research applicable design criteria, and
standards, attend PROJECT meetings, communicate with members of the PROJECT team
and issue progress reports.
1.2 When PROJECT requirements have been identified to the satisfaction of the CITY, the
ARCHITECT shall prepare, and periodically update, a PROJECT Work Plan on a
computerized scheduling program that shall identify all major tasks required of the
ARCHITECT, and the ARCHITECT’s subconsultant’s, and milestone dates for decisions
required of the CITY, deliverables furnished by the ARCHITECT, completion of
documentation provided by the ARCHITECT, commencement of construction and
Substantial Completion of the Work. The PROJECT Work Plan shall be developed jointly
by the ARCHITECT and CITY’s Project Program Manager (hereinafter “PROGRAM
MANAGER”) with the ARCHITECT as lead consultant for scheduling work related to
PROJECT design services.
1.3 The ARCHITECT, in consultation with the CITY and PROGRAM MANAGER, shall consider
the value of alternative materials, building systems and equipment, together with other
considerations based on program, budget and aesthetics in developing the design for the
PROJECT.
1.4 Upon request of the CITY, the ARCHITECT shall make presentations to explain the design
of the PROJECT to representatives of the CITY.
1.5 The ARCHITECT shall submit design documents to the CITY at intervals appropriate to
the design process for purposes of evaluation and approval by the CITY. The ARCHITECT
shall be entitled to rely on approvals received from the CITY in the further development of
the design.
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1.6 The ARCHITECT shall assist the CITY in connection with the CITY’s responsibility for filing
documents required for the approval of governmental authorities having jurisdiction over
the PROJECT including, but not limited to, building, fire, and engineering.
1.7 The ARCHITECT shall coordinate with and assist the CITY’s Building Commissioning
Consultant in its implementation of the Building Commissioning Plan. That plan shall result
in full compliance with any subsequent LEED or sustainability standards, as determined by
the CITY, for full documentation of building commissioning. In particular, it will structure
and document the full initiation, testing, operational instruction, and record documentation
of all building systems.
1.8 EVALUATION OF BUDGET AND COST OF THE WORK
1.8.1 During the design phases of the PROJECT, defined as, Schematic Design, Design
Development and Construction Document preparation, the ARCHITECT shall
prepare:
1.8.1.1 A Life Cycle Cost Analysis manual showing a comparative cost analysis for
the different materials and building systems proposed for use in the PROJECT.
The analysis should include costs for Design, Construction, Maintenance,
Operations and Disposal or Salvage of proposed materials and building
systems, as described in Section 3.0 Design Services.
1.8.1.2 Estimates of the Cost of the Work, and/or estimate updates, as described in
Section 3.0 Design Services. The ARCHITECT shall consult with the
PROGRAM MANAGER to assist in reconciling the ARCHITECT’s and
PROGRAM MANAGER’s estimates of the Cost of Work. The ARCHITECT
shall advise the CITY of any adjustments to previous estimates of the Cost of
Work indicated by changes in PROJECT requirements or general market
conditions.
1.8.2 If the ARCHITECT’s estimate of the Cost of the Work, as reviewed and approved
by the CITY, exceeds the Project Budget, the ARCHITECT shall, in consultation
with the PROGRAM MANAGER, make appropriate recommendations to the CITY
to adjust the PROJECT’s scope and/or quality to meet the fixed cost limit
established by the Project Budget. The CITY shall work with the ARCHITECT, in
consultation with the PROGRAM MANAGER, in making such adjustments. Once
a list of scope and/or quality adjustments have been agreed upon with the CITY,
the ARCHITECT shall revise the Design Documents, defined as Schematic
Design, Design Development and Construction Documents described in Section
3.0 Design Services, to meet the fixed cost limit established by the Project Budget.
1.8.3 Evaluations of the CITY’s budget for the PROJECT, the preliminary estimate of the
Cost of the Work and updated estimates of the Cost of the Work prepared by the
ARCHITECT represent the ARCHITECT’s judgment as a design professional
familiar with the construction industry. It is recognized, however, that neither the
ARCHITECT nor the CITY has control over the cost of labor, materials or
equipment, over ARCHITECT’s methods of determining bid prices, or over
competitive bidding, market or negotiation conditions. Accordingly, the
ARCHITECT cannot and does not warrant or represent that bids or negotiated
prices will not vary from the CITY’s budget for the PROJECT or from any estimate
of the cost of the Work or evaluation prepared or agreed to by the ARCHITECT.
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1.8.4 In preparing estimates of the Cost of the Work, the ARCHITECT, in consultation
with the CITY and PROGRAM MANAGER, shall be permitted to include
contingencies for design, bidding and price escalation; to determine what
materials, equipment, component systems and types of construction are to be
included in the Construction Documents; to make reasonable adjustments in the
scope of the PROJECT as agreed upon by CITY; and to include in the Contract
Documents additive and deductive bid alternates to adjust the Construction Cost
to the fixed limit established by the Project Budget at the time of bid award.
1.8.5 If the fixed limit of Construction Cost for the PROJECT as determined by the
Project Budget is exceeded by more than 5% of the lowest responsive bid or bids,
the CITY may, at their discretion:
a. give written approval of an adjustment in the Project Budget;
b. authorize re-bidding the PROJECT or a portion of the PROJECT within a
reasonable time;
c. direct the ARCHITECT to revise the Construction Documents as
necessary to bring the Construction Cost within the Project Budget.
If the CITY directs the ARCHITECT to revise the Construction Documents, the
ARCHITECT shall, with dispatch, modify the documents as necessary to bring the
Construction Cost within the Project Budget.
2.0 EVALUATION AND PLANNING SERVICES
2.1 Upon written authorization from the CITY, the ARCHITECT shall coordinate and participate
in a Civic Campus and Sustainability goals setting charrette. With follow-up review, the
results of the charrette shall be utilized to develop a scheme describing the architectural
vocabulary of the campus and the specific approach and method to accomplish CITY’s
design standards, sustainability goals, and performance standards.
2.2 ARCHITECT shall provide a preliminary evaluation of the information furnished by the CITY
under this AGREEMENT, including the CITY’s initial program and schedule requirements,
the preliminary LEED Project Scorecard – “LEED Credit Summary”, and/or other
sustainability standards, and budget for the Cost of the Work, each in terms of the other.
The ARCHITECT shall review such information to ascertain that it is consistent with the
requirements of the PROJECT and shall notify the CITY of any other information that may
be reasonably needed for the PROJECT.
2.3 ARCHITECT shall meet with CITY user groups and perform a review and design
evaluations of initial programming efforts. ARCHITECT shall establish appropriate
guidelines around and within which the Project design is to be completed. Identify design
issues relating to functional needs, directives and constraints. Review all data pertinent to
the Project including initial planning, circulation, programming, surveys, site maps,
geotechnical reports and recommendations, soil testing results reports, and pertinent
historical data, and other relevant information provided by CITY.
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3.0 DESIGN SERVICES
3.1 The ARCHITECT’s design services shall include normal civil, including off-site and onsite
utilities, and structural, mechanical, electrical and plumbing engineering services as well
as the consulting services of additional special consultants, including but not limited to
landscape, graphic/signage, structural, lighting, technology, interior design,
signage/graphics beyond code/regulatory, branding/logo design, and cost estimating.
3.2 SCHEMATIC DESIGN DOCUMENTS
3.2.1 Upon written authorization from the CITY, the ARCHITECT shall provide all
services necessary for the preparation of Schematic Design Documents based on
the CITY’s program, schedule, achieving LEED rating and/or sustainability goals
to be determined by the CITY, and budget for the Cost of the Work (hereinafter
“SCHEMATIC DESIGN DOCUMENTS”). The documents shall establish the
conceptual design of the PROJECT illustrating the scale and relationship of the
PROJECT components. The SCHEMATIC DESIGN DOCUMENTS shall include
a conceptual site plan of the on-site and off-site work, preliminary building plans,
sections including the context, elevations including the context and colored plan
diagrams showing programmed uses and circulation. The SCHEMATIC DESIGN
DOCUMENTS shall include study models, perspective sketches, electronic
modeling or combinations of these media and preliminary LEED Project scorecard
and/or sustainability goals, as determined by the CITY. Preliminary selections of
major building systems and construction materials shall be described in a narrative
outline specification.
3.2. Based on the program and “SCHEDULE OF PERFORMANCE” to be prepared by
the Master Campus Architect, the ARCHITECT shall prepare detailed written
statements of design criteria for civil (inclusive of onsite and offsite), structural,
mechanical, plumbing, electrical, fire protection, acoustical, landscape, lighting,
security and data/telecom systems. For each discipline, these statements shall
include, but not be limited to:
a. Design criteria required by the Program, building design and/or code
and/or LEED Rating requirements and/or sustainability goals to be
determined by the CITY, identification of preliminary design loads and
performance criteria.
b. Documents shall identify preliminary space requirements for structural and
building enclosure systems, preliminary space requirements for all
mechanical systems and other equipment, and points of connection for
utilities.
c. Coordination of major Mechanical, Electrical, Plumbing (hereinafter
“MEP”) and Information Technology Systems and building structure shall
be resolved.
3.2.3 At the completion of 100% SCHEMATIC DESIGN DOCUMENTS, the ARCHITECT
shall furnish four (4) sets of the following deliverables to the CITY:
a. 100% SCHEMATIC DESIGN DOCUMENTS.
b. Reconciled 100% Schematic Design Phase estimate of the Cost of the
Work as described in Section 1.7.
c. A room schedule summary that meets the Program requirements.
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d. LEED Credit Summary form, if direction provided to pursue LEED
standard.
3.2.4 During Task 3.2, ARCHITECT shall conduct _____ meetings in South San
Francisco, and make _____ presentation(s) of Schematic Design Documents to
the Community in South San Francisco.
3.3 DESIGN DEVELOPMENT DOCUMENTS
3.3.1 Upon written authorization from the CITY, the ARCHITECT shall provide all
services necessary for the preparation of Design Development Documents based
on the CITY’s Program, LEED Rating or Sustainability Goals, Project Schedule,
and Project Budget, as well as the post-Schematic Additional Architectural
Services (hereinafter “DESIGN DEVELOPMENT DOCUMENTS”). The DESIGN
DEVELOPMENT DOCUMENTS shall establish the detailed design of the
PROJECT defining the scale materials, relationship of the PROJECT components
and LEED Rating and/or Sustainability Goals achievement. The DESIGN
DEVELOPMENT DOCUMENTS shall include, but not be limited to: a site plan of
the on-site and off-site work including landscape design; building floor plans;
building and wall sections; elevations; interior plans and showing alternate room
layouts and circulation; reflected ceiling plans; interior finish schedule; preliminary
door schedule; and typical exterior and interior details. For purposes of
presentation to the CITY, the ARCHITECT shall prepare study models, perspective
sketches, electronic modeling or combinations of these media as required.
Building systems and construction materials shall be described in the drawings
and through a preliminary specification, incorporating LEED Rating and/or
Sustainability specifications and following the format established by the
Construction Specification Institute.
3.3.2 The ARCHITECT shall prepare plans and preliminary specifications for civil,
structural, mechanical, plumbing, electrical, fire protection, acoustical, lighting,
security, data/telecom, graphic, commissioning and all LEED Rating and/or
Sustainability Goals related systems. For each discipline, the work shall include,
but not be limited to: DESIGN DOCUMENTS to fix and describe the building size,
character, material and systems as may be appropriate. Plans and sections shall
identify preliminary sizing & layout for structural and building enclosure systems,
preliminary sizing and layout requirements for all mechanical systems and other
equipment, and points of connection for utilities. Coordination of mechanical,
electrical, plumbing, fire protection and information technology systems with
building structure and architectural elements shall be resolved.
3.3.3 The ARCHITECT shall prepare sample boards of all visible exterior materials,
including hardscape and interior finishes.
3.3.4 The ARCHITECT shall prepare and organize in 8½” x 11” format cut sheets of all
visible built-in lighting, Mechanical, Electrical, and Plumbing (“MEP”) equipment
and fixtures to be updated on a regular basis subsequent to Design Development.
3.3.5 At the completion of 50% DESIGN DEVELOPMENT DOCUMENTS and
“SCHEDULE OF PERFORMANCE” to be prepared by the Master Campus
Architect, the ARCHITECT shall furnish a letter or an updated estimate, which
includes an accounting of the items identified in the Schematic Value Engineering
exercise, confirming the estimated Cost of the Work remains within the Project
Budget.
7 | Page
3.3.6 At the completion of 50% DESIGN DEVELOPMENT DOCUMENTS and
“SCHEDULE OF PERFORMANCE” to be prepared by the Master Campus
Architect, the scope of the PROJECT shall be defined to a level of detail consistent
with typical architectural practice for this phase of Design Services. At the
completion of the 50% DESIGN DEVELOPMENT DOCUMENTS, the ARCHITECT
shall furnish four sets of the following deliverables to the CITY:
a. 50% DESIGN DEVELOPMENT DOCUMENT Drawings and
Specifications;
b. 50% Design Development Phase estimate of the Cost of the Work
including Life Cycle Cost Analysis as described in Section 1.7; and
c. A room schedule confirming substantial conformance to the previously
approved Program.
d. Updated LEED Credit Summary Form and/or Sustainability Report.
3.3.7 At the completion of 100% DESIGN DEVELOPMENT DOCUMENTS and
“SCHEDULE OF PERFORMANCE” to be prepared by the Master Campus
Architect, the documents shall be fully coordinated and shall include no scope
adjustments to the 50% submittal unless agreed to by the CITY as part of the cost
reconciliation process. The ARCHITECT shall furnish four sets of the following
deliverables to the CITY:
a. 100% DESIGN DEVELOPMENT DOCUMENTS reconciled to meet the
Project Budget;
b. 100% Design Development Phase estimate of the Cost of the Work
reconciled to meet the Project Budget as described in Section 1.7
including Life Cycle cost Analysis;
c. Sample boards as described in 3.3.3 (three sets only);
d. Binders with cut sheets as described in 3.3.4; and
e. A room schedule confirming substantial conformance to the previously
approved Program.
f. Updated LEED Credit Summary Form or Sustainability Report.
3.3.8 ARCHITECT shall conduct _____meetings in South San Francisco during Task
3.3, _____in conjunction with submittal of 50% complete design documents, and
_____presentation(s) to the Community after submittal of 100% complete design
documents.
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3.4 CONSTRUCTION DOCUMENTS
3.4.1 Upon written notice from the CITY, and based on the DESIGN DEVELOPMENT
DOCUMENTS and Estimate of the Cost of the Work approved by CITY, and any
further adjustments in the scope or quality of the PROJECT or in the construction
budget as approved by the CITY, the ARCHITECT shall prepare Construction
Documents consisting of Drawings, Technical Specifications and Final LEED
Scorecard, LEED Specifications, and/or Sustainability Goals that set forth in detail
the requirements for the construction of the PROJECT, establishing the quality
levels of materials and systems and coordinating all the elements required for the
PROJECT (hereinafter “CONSTRUCTION DOCUMENTS”).
3.4.2 The ARCHITECT shall submit progress sets of the CONSTRUCTION
DOCUMENTS and LEED Scorecard update and/or sustainability standards for
CITY review at 50% and at 90% completion. The CITY shall provide the
ARCHITECT with formal review comments in writing at 50% and 90% completion
of CONSTRUCTION DOCUMENTS. The ARCHITECT shall respond in writing
and revise the documents accordingly.
3.4.3 The ARCHITECT shall prepare Estimates of the Cost of the Work at 50%
completion of CONSTRUCTION DOCUMENTS and at 90% completion of
CONSTRUCTION DOCUMENTS. The ARCHITECT shall participate in reviews
and reconciliation of the Estimates as set forth in Section 1.7.
3.4.4 At an appropriate stage of completion of the CONSTRUCTION DOCUMENTS, the
ARCHITECT shall provide to CITY structural and energy calculations.
3.4.5 During the development of the CONSTRUCTION DOCUMENTS, the ARCHITECT
shall assist the CITY and PROGRAM MANAGER in the preparation of bidding and
procurement documents.
3.4.6 The ARCHITECT shall be responsible for developing, coordinating and producing
the CONSTRUCTION DOCUMENT, which includes portions of Division One and
Divisions Two through Sixteen of the CONTRACTOR(S) Contract Documents.
3.4.7 The ARCHITECT shall file any and all documents required for PROJECT approval
by governmental authorities having jurisdiction over the PROJECT, including
onsite and offsite permits.
3.4.8 At each of the completion milestones described in Section 3.4.2 above, the
ARCHITECT shall furnish the four (4) sets of the CONSTRUCTION DOCUMENTS
consisting of Drawings and Technical Specifications at no additional cost to the
CITY. Additionally, a set of reproducibles with half-size Drawings shall be
delivered to a blueprint facility in South San Francisco as identified by the CITY.
3.4.9 During Task 3.4, ARCHITECT shall conduct xxx meetings in South San Francisco,
and xx presentation to CITY staff.
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4.0 CONSTRUCTION PROCUREMENT SERVICES
4.1 The CITY has retained a PROGRAM MANAGER to assist the CITY in the procurement of
PROJECT construction services. The ARCHITECT will assist the CITY and PROGRAM
MANAGER as described below.
4.2 The ARCHITECT shall assist the PROGRAM MANAGER and CITY in the preparation of
the bid documents consisting of bid requirements and portions of Division 1 (Special
Provisions) and Divisions Two thru Sixteen, as well as incorporation of LEED and/or
Sustainability requirements. Preparation of the Technical Specifications and Drawings
shall be the ARCHITECT’s primary responsibility.
4.3 At the time of Bid and for each Addendum, the ARCHITECT shall furnish the following sets
of the CONSTRUCTION DOCUMENTS consisting of Drawings and Technical
Specifications at no additional cost to the CITY: Four sets shall be delivered to the
PROGRAM MANAGER. Additionally, a set of 8 ½ x 11 reproducibles and one full-size and
one half-size set of reproducible Drawings shall be delivered to a blueprint facility in South
San Francisco as identified by the CITY and one electronic file.
4.4 The CITY will coordinate the reproduction and distribution of the Bid Documents, including
the CONSTRUCTION DOCUMENTS.
4.5 The ARCHITECT shall prepare responses to questions the CITY receives from prospective
bidders and prepare clarifications and interpretations of the Bid Documents, including the
CONSTRUCTION DOCUMENTS, in the form of Addenda for distribution by CITY and
PROGRAM MANAGER.
4.6 The ARCHITECT shall participate with the PROGRAM MANAGER and CITY in pre-bid
conferences with prospective bidders in South San Francisco.
4.7 The ARCHITECT shall prepare a set of Conformed CONSTRUCTION DOCUMENTS
between the date of the bid award and the CONTRACTOR(S)’s notice to proceed which
incorporates the Addenda issued during the bid period.
4.8 The ARCHITECT shall furnish four (4) sets of the Conformed CONSTRUCTION
DOCUMENTS to the CITY. Additionally, a set of 8 ½ x 11 reproducibles and one with full-
size and one half-size set of reproducible Conformed CONSTRUCTION DOCUMENTS
shall be delivered to a blueprint facility in South San Francisco as identified by the CITY.
4.9 The CITY coordinate the reproduction and distribution of the Conformed CONSTRUCTION
DOCUMENTS.
5.0 CONTRACT ADMINISTRATION SERVICES
5.1 GENERAL ADMINISTRATION
5.1.1 The ARCHITECT shall provide administration of the Contracts for Construction in
cooperation with the PROGRAM MANAGER as set forth below and in the General
Conditions of the Contract for Construction. The ARCHITECT’s actions shall be
taken with such reasonable promptness as to cause no delay in the Work or in the
activities of the CITY, the CONTRACTOR(S), or the CITY’s separate contractors.
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5.1.2 ARCHITECT shall coordinate with and assist the City’s Commissioning Consultant
in its implementation of the Building Commissioning Plan. That plan shall result in
full compliance with the LEED standard for full documentation of building
commissioning. In particular, it will structure and document the full initiation,
testing, operational instruction, and record documentation of all building systems.
5.1.3 The ARCHITECT shall have authority to act on behalf of the CITY only to the extent
provided in this AGREEMENT unless otherwise modified by written amendment to
this AGREEMENT executed by the CITY and ARCHITECT. The duties,
responsibilities and limitations of authority of the ARCHITECT under this Section
5 shall not be restricted, modified or extended without written agreement of the
CITY and ARCHITECT.
5.1.4 Except as otherwise provided in this AGREEMENT or when the CITY has specially
authorized direct communications, the ARCHITECT shall communicate with the
CONTRACTOR(S) through the PROGRAM MANAGER about matters arising out
of or relating to the Contract for Construction. Communication from the
CONTRACTOR(S) to the ARCHITECT will be managed and coordinated by the
PROGRAM MANAGER. Communications by and with the ARCHITECT’s
consultants shall be through the ARCHITECT, unless specifically authorized
otherwise.
5.1.5 The ARCHITECT’s responsibility to provide the Contract Administration Services
under this AGREEMENT shall commence with the award of the initial Contract for
Construction and shall terminate upon the issuance to the CITY of the Final
Certificate for Payment to the last CONTRACTOR. However, the ARCHITECT
shall be entitled to Additional Services in accordance with Section 6 when Contract
Administration Services extends beyond 90 days after the Substantial Completion
date.
5.1.6 The ARCHITECT shall review and evaluate, in cooperation with the PROGRAM
MANAGER and CITY, substitution requests proposed by the CONTRACTOR(S) if
received in the manner and within the time required by the Contract for
Construction.
5.1.7 The ARCHITECT shall review and respond to timely requests from the
CONTRACTOR(S) through the PROGRAM MANAGER for additional information
regarding the CONSTRUCTION DOCUMENTS prepared in the format defined in
the PROJECT Manual. A properly prepared request for additional information shall
include a detailed written statement indicating the specific Drawings or
Specifications in need of clarification and the nature of the clarification requested.
Upon receipt of a request for additional information, the ARCHITECT shall respond
in a timely fashion per Section 5.1.1.
5.1.8 If deemed appropriate by the ARCHITECT and PROGRAM MANAGER, the
ARCHITECT shall prepare supplemental Drawings and Technical Specifications
in response to properly prepared requests for information by the
CONTRACTOR(S).
5.1.9 Interpretations and decisions of the ARCHITECT shall be consistent with the intent
of and reasonably inferable from the CONSTRUCTION DOCUMENTS and shall
be in writing or in the form of drawings. The ARCHITECT shall assist the
PROGRAM MANAGER in the review of the CONTRACTOR(S)’s performance
related to the intent and requirements of the CONSTRUCTION DOCUMENTS.
5.1.10 The ARCHITECT shall assist the PROGRAM MANAGER in rendering initial
11 | Page
determinations on claims, disputes or other matters in question between the CITY
and CONTRACTOR(S) as provided in the CONSTRUCTION DOCUMENTS and
Contracts for Construction.
5.2 EVALUATIONS OF THE WORK
5.2.1 The ARCHITECT shall at all times have access to the Work wherever it is in
preparation or progress.
5.2.2 The ARCHITECT shall visit the site at intervals appropriate to the stage of
construction, approximately once per week as required by construction; to become
familiar with and to keep the CITY informed about the progress and quality of the
portion of the Work completed; to guard the CITY against defects and deficiencies
in the Work; and to determine in general if the Work is being performed in a manner
indicating that the Work, when fully completed, will be in accordance with the
CONSTRUCTION DOCUMENTS. However, the ARCHITECT shall not be
required to make exhaustive or continuous on-site inspections to check the quality
or quantity of the Work. The ARCHITECT shall neither have control over or charge
of, nor be responsible for, the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connections
with the Work, since these are solely rights and responsibilities of the
CONTRACTOR(S) under the CONSTRUCTION DOCUMENTS.
5.2.3 The ARCHITECT shall report in writing to the CITY and PROGRAM MANAGER
known deviations from the CONSTRUCTION DOCUMENTS. However, the
ARCHITECT shall not be responsible for the CONTRACTOR(S)’s failure to
perform the Work in accordance with the requirements of the CONSTRUCTION
DOCUMENTS. The ARCHITECT shall be responsible for the ARCHITECT’s acts
or omissions, but shall not have control over or charge of and shall not be
responsible for acts or omissions of the CONTRACTOR(S), subcontractors, or
their agents or employees, or of any other persons or entities performing portions
of the Work.
5.2.4 The ARCHITECT shall have authority, after notifying the PROGRAM MANAGER
and CITY, to reject Work that does not conform to the CONSTRUCTION
DOCUMENTS. Rejection of Work shall be in writing. Whenever the ARCHITECT
considers it necessary or advisable for the implementation of the intent of the
CONSTRUCTION DOCUMENTS, the ARCHITECT will have authority, upon
written authorization from the CITY, to require inspection or testing of the Work in
accordance with the provisions of the CONSTRUCTION DOCUMENTS, whether
or not such Work is fabricated, installed or completed. However, neither this
authority of the ARCHITECT nor a decision made in good faith either to exercise
or not to exercise such authority shall give rise to a duty or responsibility of the
ARCHITECT to the PROGRAM MANAGER, CONTRACTOR(S), subcontractors,
material and equipment suppliers, their agents or employees or other persons or
entities performing portions of the Work.
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5.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR(S)
5.3.1 Based on the ARCHITECT’s observations and evaluations of each Application for
Payment, the ARCHITECT shall, in cooperation with the PROGRAM MANAGER,
review the amounts due to the respective CONTRACTOR(S) within five (5)
calendar days of receipt. In the event ARCHITECT rejects all or a portion of
Contractor's application for payment, ARCHITECT shall provide the CITY with
written reasons for such rejection within five (5) calendar days of ARCHITECT's
receipt. The PROGRAM MANAGER shall process for the CITY’s approval the
review and certification by the ARCHITECT of each Application for Payment.
5.3.2 The ARCHITECT’s review shall constitute a representation to the CITY that, to the
best of the ARCHITECT’s knowledge, information and belief, the Work has
progressed to the point of completion indicated and that the quality of the Work is
in accordance with the CONSTRUCTION DOCUMENTS. The ARCHITECT’s
review shall be based on site observations, and on the data comprising the
CONTRACTOR(S)’s Application for Payment. The foregoing representations are
subject to an evaluation of the Work for conformance with the CONSTRUCTION
DOCUMENTS upon Substantial Completion, to results of subsequent tests and
inspections, to correction of minor deviations from the CONSTRUCTION
DOCUMENTS prior to completion, and to specific qualifications expressed by the
ARCHITECT.
5.3.3 The issuance of a Certificate for Payment shall not be a representation that the
ARCHITECT has made exhaustive or continuous on-site inspections to check the
quality or quantity of the Work; reviewed construction means, methods,
techniques, sequences or procedures; reviewed copies of requisitions received
from subcontractor(s)s and material suppliers and other data requested by the
CITY to substantiate the CONTRACTOR(S)’s right to payment; or ascertained how
or for what purpose the CONTRACTOR(S) has used money previously paid on
account of the Contract Sum.
5.4 SUBMITTALS
5.4.1 The ARCHITECT shall review and approve, or take other appropriate action, upon
the CONTRACTOR(S)’s submittals such as Shop Drawings, Product Data and
Samples, but only for the limited purpose of checking for conformance with
information given and the design concept expressed in the CONSTRUCTION
DOCUMENTS. The ARCHITECT’s actions shall be taken with such reasonable
promptness as to cause no delay in the Work or in the activities of the CITY,
CONTRACTOR(S) or CITY’s separate contractors, while allowing sufficient time
in the ARCHITECT’s professional judgment to permit adequate review. In no event
shall such review for any item exceed twenty-one (21) days. Review of such
submittals is not conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities, or for
substantiating instructions for installation or performance of equipment or systems,
all of which remain the responsibility of the CONTRACTOR(S) as required by the
CONSTRUCTION DOCUMENTS. The ARCHITECT’s review shall not constitute
approval of safety precautions or, unless otherwise specifically stated by the
ARCHITECT, of any construction means, methods, techniques, sequences or
procedures. The ARCHITECT’s approval of a specific item shall not indicate
approval of an assembly of which the item is a component.
5.4.2 The ARCHITECT shall maintain a record of all submittals and copies of submittals
supplied by the CONTRACTOR(S) and all ARCHITECT responses to such
submittals.
13 | Page
5.4.3 If professional design services or certifications by a design professional related to
systems, materials or equipment are specifically required of the CONTRACTOR(S)
by the CONSTRUCTION DOCUMENTS, the ARCHITECT shall specify
appropriate performance and design criteria that such services must satisfy. Shop
Drawings and other submittals related to the Work designed or certified by the
design professional retained by the CONTRACTOR(S) shall bear such
professional’s written approval when submitted to the ARCHITECT. The
ARCHITECT shall be entitled to rely upon the adequacy, accuracy and
completeness of the services, certifications or approvals performed by such design
professionals.
5.5 CHANGES IN THE WORK
5.5.1 The ARCHITECT shall review or take other appropriate action on those
Construction Change Authorizations prepared by the PROGRAM MANAGER and
approved by the CITY that effect the interpretation of the design set forth in the
CONSTRUCTION DOCUMENTS. If necessary, the ARCHITECT shall prepare
Drawings and Specifications for the PROGRAM MANAGER’s distribution to
describe Work to be added, deleted or modified.
5.5.2 The ARCHITECT shall review and sign Change Orders prepared by the
PROGRAM MANAGER for CITY approval and execution in accordance with the
Contract for Construction and CONSTRUCTION DOCUMENTS. If necessary, the
ARCHITECT shall prepare Drawings and Specifications for the PROGRAM
MANAGER’s distribution to describe Work to be added, deleted or modified.
5.5.3 In the event of written, CITY directed, changes to the scope of Work described in
the CONSTRUCTION DOCUMENTS, the ARCHITECT shall prepare Drawings
and Specifications to describe Work to be added, deleted or modified.
5.5.4 The ARCHITECT shall, in cooperation with the PROGRAM MANAGER, review
properly prepared, timely requests by the CITY or CONTRACTOR(S) for Changes
in the Work, which affects the intent of the design set forth in the CITY, approved
CONSTRUCTION DOCUMENTS, including adjustments to the Contract Sum or
Contract Time. A properly prepared request for a Change in the Work shall be
accompanied by sufficient supporting data and information to permit the
ARCHITECT to make a reasonable determination without extensive investigation
or preparation of additional drawings or specifications. If the ARCHITECT
determines that requested Changes in the Work are not materially different from
the requirements of the CONSTRUCTION DOCUMENTS, the ARCHITECT may
issue supplemental instructions or recommend to the CITY that the requested
change be denied.
5.5.5 If the ARCHITECT, in cooperation with the PROGRAM MANAGER, determines
that implementation of the requested changes to the design intent set forth in the
CITY approved CONSTRUCTION DOCUMENTS would result in a material
change to the CONSTRUCTION DOCUMENTS that may cause an adjustment in
the Contract Time or Contract Sum, the ARCHITECT shall make a
recommendation to the CITY, who may authorize further investigation of such
change.
5.5.6 The ARCHITECT shall maintain records relative to all changes in the Work that
effect the CITY approved CONSTRUCTION DOCUMENTS.
14 | Page
5.6 PROJECT COMPLETION/CLOSEOUT
5.6.1 The ARCHITECT shall, in cooperation with the PROGRAM MANAGER, conduct
inspections to determine, in their opinion, the date or dates of Substantial
Completion and the date of Final Completion, as defined in the Contract for
Construction. These inspections shall be conducted with the CITY and the
PROGRAM MANAGER to check conformance of the Work with the requirements
of the CONSTRUCTION DOCUMENTS and to verify the accuracy and
completeness of the list submitted by the CONTRACTOR(S) of Work that remains
to be completed or corrected.
5.6.2 The ARCHITECT shall review records, written warranties and related documents
required by the CONSTRUCTION DOCUMENTS to be submitted by the
CONTRACTOR(S) for Substantial Completion and Final Completion.
5.6.3 The ARCHITECT shall file with the CITY and PROGRAM MANAGER a written
certification of completion, at both the Substantial Completion and Final
Completion stages. Such certificates shall be based upon ARCHITECT’s
inspection, knowledge, information and belief and shall indicate whether the Work
complies, or does not comply, with all the requirements of the Contract for
Construction and the CONSTRUCTION DOCUMENTS.
6.0 ADDITIONAL SERVICES
Additional Services are defined as services not included in base scope. Exceptions or exclusions
shall be identified in final scope and fee.
Consulting Services Agreement between [Rev:2.13.2014] DATE
City of South San Francisco and _______________ Page 1 of 15
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
NAME OF CONSULTANTS
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco (“City”) and _______________ (“Consultant”) (together sometimes referred to as the “Parties”)
as of _______________ (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto
and incorporated herein, at the time and place and in the manner specified therein. In the event of a
conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on _______________, the date of completion specified in Exhibit A, and Consultant
shall complete the work described in Exhibit A prior to that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
____________________, notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event
of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the
amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below
shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consulting Services Agreement between [Rev:2.13.2014] DATE
City of South San Francisco and _______________ Page 2 of 15
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once per month during
the term of this Agreement, based on the cost for services performed and reimbursable
costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice,
etc.);
The beginning and ending dates of the billing period;
A task summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds eight hundred (800) hours, which shall include an estimate of
the time necessary to complete the work described in Exhibit A;
The amount and purpose of actual expenditures for which reimbursement is
sought;
The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant. City shall have no obligation to pay invoices
submitted ninety (90) days past the performance of work or incurrence of cost.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to
this Agreement within sixty (60) days after completion of the services and submittal to City
of a final invoice, if all services required have been satisfactorily performed.
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2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown in Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not
exceed _____________________. Expenses not listed below are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under
this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes. Contractor
represents and warrants that Contractor is a resident of the State of California in
accordance with California Revenue & Taxation Code Section 18662, as may be
amended, and is exempt from withholding. Contractor accepts sole responsible for
verifying the residency status of any subcontractors and withhold taxes from non-California
subcontractors as required by law.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
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incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that
Consultant has obtained or currently maintains insurance that meets the requirements of this section and
under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any
subcontract until Consultant has obtained all insurance required herein for the subcontractor(s).
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator (as defined in
Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against the City and its officers,
officials, employees, and volunteers for loss arising from work performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting there from, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
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4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 or GL 0002 (most recent editions) covering comprehensive General
Liability and Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability. Automobile coverage shall be at least as
broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90)
Code 8 and 9. No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed
professionals’ errors and omissions. Any deductible or self-insured retention shall
not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement or
the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant’s sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
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d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all policies delivered to
Consultant by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and certified endorsements shall show the
signature of a person authorized by that insurer to bind coverage on its behalf. If
the City does not receive the required insurance documents prior to the Consultant
beginning work, it shall not waive the Consultant’s obligation to provide them. The
City reserves the right to require complete copies of all required insurance policies
at any time.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement
shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled by either party, or 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. In the event that any
coverage required by this section is reduced, limited, cancelled, or materially
affected in any other manner, Consultant shall provide written notice to City at
Consultant’s earliest possible opportunity and in no case later than ten (10)
working days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to each of the
following: liability arising out of activities performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in the
course of providing services pursuant to this Agreement. The coverage shall
contain no special limitations on the scope of protection afforded to City or its
officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
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beginning any of the services or work called for by any term of this Agreement.
Further, if the Consultant’s insurance policy includes a self-insured retention that
must be paid by a named insured as a precondition of the insurer’s liability, or
which has the effect of providing that payments of the self-insured retention by
others, including additional insureds or insurers do not serve to satisfy the self-
insured retention, such provisions must be modified by special endorsement so as
to not apply to the additional insured coverage required by this agreement so as to
not prevent any of the parties to this agreement from satisfying or paying the self-
insured retention required to be paid as a precondition to the insurer’s liability.
Additionally, the certificates of insurance must note whether the policy does or
does not include any self-insured retention and also must disclose the deductible.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a
“wasting” policy limit.
4.4.8 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms of
such insurance are either not commercially available, or that the City’s interests
are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
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b. Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
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but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent or to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals, including from City, of what-so-ever nature that are legally required to
practice their respective professions. Consultant represents and warrants to City that
Consultant and its employees, agents, any subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions. In
addition to the foregoing, Consultant and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
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Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the date of notice of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City all materials described in Section
9.1.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
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8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties unless required by law.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All
responses to a Request for Proposals (RFP) or invitation to bid issued by the City become
the exclusive property of the City. At such time as the City selects a bid, all proposals
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received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and
plainly marked as “Confidential,” "Business Secret" or “Trade Secret."
The City shall not be liable or in any way responsible for the disclosure of any such
proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or
"Business Secret," or if disclosure is required under the Public Records Act.
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is
made for information marked "Trade Secret" or "Business Secret," and the requester takes
legal action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultant agrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and
award of attorneys fees awarded against the City in favor of the party requesting the
information, and any and all costs connected with that defense. This obligation to
indemnify survives the City's award of the contract. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's possession,
which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief
to which that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County San Mateo or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
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10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve (12) months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by _________________
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when
received if personally delivered; (ii) when received if transmitted by telecopy, if received
during normal business hours on a business day (or if not, the next business day after
delivery) provided that such facsimile is legible and that at the time such facsimile is sent
the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery
to a domestic address by recognized overnight delivery service (e.g., Federal Express);
and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In
each case notice shall be sent to the respective Parties as follows: Consultant
___________________________
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___________________________
___________________________
___________________________
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated
herein, represents the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written or oral
pertaining to the matters herein.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.14 Construction. The headings in this Agreement are for the purpose of reference only and
shall not limit or otherwise affect any of the terms of this Agreement. The parties have had
an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO Consultants
____________________________ _____________________________________
City Manager NAME:
Consulting Services Agreement between [Rev:2.13.2014] DATE
City of South San Francisco and _______________ Page 15 of 15
TITLE:
Attest:
_____________________________
Krista Martinelli, City Clerk
Approved as to Form:
____________________________
City Attorney
2051688.4
Consulting Services Agreement between DATE
City of South San Francisco and ____________ - Exhibit A Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
Consulting Services Agreement between DATE
City of South San Francisco and____________ -Exhibit B Page 1 of 1
EXHIBIT B
INSURANCE CERTIFICATES
ATTACHMENT C
Measure W – Community Civic Campus Project
Master Campus Architectural Services Interview Information
The interview will provide an opportunity for your team to make the case for why you
should be selected. The interview will consist of a twenty (25) minute presentation by
your team, followed by a twenty (20) minute question and answer period by the panel.
Please anticipate 5 minute for set up and 10 minutes for departure.
The interview panel will rate your team based on a scoring system that assesses
individual and team experience, the team’s understanding of and approach to
architectural design of a civic campus with a strong sense of connectivity to its
environment, and the interview itself. See below for scoring criteria and weighting.
Rating Criteria
Score
(100 pts total)
Individual Experience
/20
Team’s Relevant Project Experience
/35
Project Understanding and Approach
/25
Presentation at Interview
/20
Total /100
What to bring to Interview:
• 14 copies of Proposal and Powerpoint Presentation
• One (1) sealed envelope with a detailed scope and fee proposal
• Laptop loaded with Powerpoint Presentation and any other presentation
materials you would like to share with the interview panel.
Key interview participants encouraged to attend:
• Principal-in-Charge
• Project Manager
• Architect(s)/Planner(s) responsible for master site plan, multi-modal
circulation plan
• Architect(s) responsible library/recreation, police, fire building design
• Experts in IT, sustainability design, community outreach, Design-Build.
(Note: It is up to the team as to who should come and how many. The list above
simply identifies who we think are key team members.)
Key topics for presentation:
• Team experience on specific projects of this type and size. Discuss the major
challenges and lessons learned and methods for effective project management.
• Scope, schedule, key milestones for the Civic Community Campus project.
• Approach to community outreach/design charrette for the Civic Community Camps
project.
• Scope and milestones related to post design efforts (DB performance criteria,
project close out, architect support through construction) for the Civic
Community Campus project .
Please be prepared to answer questions from the panel. Questions are not
preset.
ATTACHMENT D
MEASURE W - COMMUNITY CIVIC CENTER MASTER CAMPUS ARCHITECT
EXAMPLE TEAM MATRIX
Team Name:
Team Member Name
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ATTACHMENT E
NONCOLLUSION AND NO CONFLICT OF INTEREST STATEMENT AFFIDAVIT
MEASURE W – COMMUNITY CIVIC CAMPUS PROGRAM
MASTER CAMPUS ARCHITECTURAL SERVICES
__________________________________, being first duly sworn, deposes and says:
Print name
The signatory is the_____________ of ________________, the party submitting the foregoing proposal
and sealed fee is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the submittal is genuine and not collusive. The
proposer has not directly or indirectly induced or solicited from any other source, and has not directly or
indirectly colluded or agreed with anyone else to secure any advantage against the public body awarding
the contract of anyone interested in the proposed contract. That all statements contained in the proposal
and sealed fee are true.
Consultant may serve other clients, but none whose activities within the corporate limits of City or whose
business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined
in the Political Reform Act, codified at California Government Code Section 81000 et seq. Additionally,
Consultant shall not employ any City employee or City official in the work performed pursuant to this RFP.
No officer or employee of City shall have any financial interest in the proposed RFP that would violate
California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has
it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If
Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months,
Consultant warrants that it did not participate in any manner in the preparation of this RFP or the forming
of a proposed Agreement. Consultant understands that, if the RFP results in an Agreement being made
in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant said Agreement, including reimbursement
of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a
violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in
the State of California.
The undersigned declares under penalty of perjury that the information contained in this submittal and all
accompanying documents are true and correct. The City reserves the right to investigate the statements
made within this affidavit.
Executed on __________________________
_____________________________________
Legal Company Name
_____________________________________
Indicate Type of Entity: Sole Proprietorship,
Partnership (General/Limited Partners),
Corporation, Joint Venture, etc.
By: __________________________________
Title: ________________________________
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-959 Agenda Date:9/20/2017
Version:1 Item #:3.
Report regarding consideration of a Project Labor Agreement specifically for the Measure W Community Civic
Campus project.(Marian Lee, Assistant City Manager and Dolores Montenegro, Kitchell Program Manager)
RECOMMENDATION
It is recommended the Measure W Subcommittee receive information from staff and engage in discussion
related to consideration of a Project Labor Agreement specifically for the Measure W Community Civic
Campus project. This is not an action item.
BACKGROUND/DISCUSSION
Given the large size and complexity of the Community Civic Campus project, estimated at $157M - $173M, it
is worthy of considering a Project Labor Agreement (PLA). This staff report provides information about what a
PLA is, the debatable pros and cons associated with PLAs, and examples of project-specific PLAs entered by
our sister cities. The Subcommittee is being asked to begin discussing if a PLA is appropriate to pursue for the
Community Civic Campus project.
What is a PLA?
A PLA is a pre-hire collective bargaining agreement that establishes terms and conditions of employment for a
specific construction project or projects. It is an agreement designed to create an enforceable commitment
between the construction parties to use a “skilled and trained workforce” to perform all work on the project. A
PLA will:
·Define prevailing wages and negotiated benefits;
·Ensure a steady supply of skilled labor on the project (agreement not to strike); and
·Expeditiously resolve worker grievances (high speed arbitration).
See Attachment 1 for more information about required elements of a PLA, example of findings that can be
included in the PLA, and typical provisions.
Debatable Pros and Cons
There is considerable debate between opponents and proponents of PLAs. Opponents say PLAs result in an anti
-competitive bidding process and increases project costs. Proponents say PLAs ensure decent wages, a quality
workforce, project safety, and timely completion.
PLA proponents argue that utilizing the agreement has several advantages, including the following:
·PLAs provides uniform wages, benefits, overtime pay, hours, working conditions, and work rules for
work on major construction projects;
·PLAs provide contractors with a reliable and uninterrupted supply of qualified workers at predictable
costs;
·PLAs ensure that a project will be completed on time and on budget due to the supply of qualified labor
and relative ease of project management;
·PLAs ensure no labor strife by prohibiting strikes and lockouts and including binding procedures to
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File #:17-959 Agenda Date:9/20/2017
Version:1 Item #:3.
resolve labor disputes;
·PLAs make large projects easier to manage by placing unions under one contract, the PLA, rather than
dealing with several unions;
·PLAs may include provisions to recruit and train workers by requiring contactors to participate in
recruitment, apprenticeship, and training programs for women, minorities, veterans, and other under-
represented groups;
·PLAs reduce misclassification of workers and the related underpayment of payroll taxes, workers
compensation, and other requirements; and
·PLAs may improve worker safety by requiring contractors and workers to comply with project safety
rules.
On the other hand, PLA opponents argue that that utilizing a PLA creates several disadvantages, including the
following:
·PLAs increase costs by mandating union wages and work rules and inhibiting competition;
·PLAs are anti-competitive because non-union contractors may choose not to bid (thus potentially
reducing the bidding pool) because of the perception that their members would be required to join a
union if the PLA required hiring through the union hiring hall;
·PLAs are perceived as being inherently unfair to non-union contractors and non-union employees,
requiring that they rely on labor that is potentially previously unknown to them;
·PLAs are an unnecessary mandate (if imposed as a City Adopted Policy);
·PLAs assume that there will be adequate unemployed labor resources available at the union halls;
·PLAs hinder the use of non-union contractor training programs that may operate more efficiently and
are job specific, instead of union apprenticeship programs of a fixed duration; and
·PLAs are unnecessary if pre-qualification procedures are included that screen contractors who bid on
public projects.
PLA critics also note that the issue is not always that PLAs are detrimental. Sometimes, they argue, having a
PLA is not proof of an improved situation. For example, the available evidence does not show that PLA
construction projects are safer than non-PLA projects.
It is worth nothing that the City of South San Francisco supports labor rights, prevailing wage, and the creation
of quality jobs in its community. Based on comparables, there is no distinguishable difference between
prevailing wage requirements and union labor wages. The financial impact to entering into a PLA for the
Community Civic Campus project will depend on the negotiated terms.
Project-Specific PLAs in Other Cities
Several neighboring cities have entered into project-specific PLAs. The following are a few key projects (with
PLAs) in our area that have been completed or are under construction:
·City of San Francisco, Airport Expansion, $2.5B
·City of San Jose, Civic Center, $300M
·City of San Mateo, Main Library, $64M
·San Mateo County, Skylonda Fire Station, $8M
·City of Hayward, Library/Community Learning Center, $65M
The projects listed above as well as many others throughout the state, have benefited from PLAs. The upsides
have been expressed by project contractors and owners. PLA negotiations take time and effort but when done
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File #:17-959 Agenda Date:9/20/2017
Version:1 Item #:3.
have been expressed by project contractors and owners. PLA negotiations take time and effort but when done
successfully, it mitigates risk in areas of labor and effectively contributes to successful project completion.
Summary Considerations
The purpose of entering into a PLA is to address potential costly and time-consuming construction issues,
which includes labor strife delays, supply of skilled labor, and resolution of worker grievances. These issues
should be considered in determining whether to negotiate and enter into a PLA for the Community Civic
Campus project. This project is the City’s single largest capital improvement program that will involve complex
and multiple contracts (Design Bid Build for the Library and Recreational facility and two Design Builds for
the Police and Fire facilities) and will include many different trades and contractors working together in the
same general areas (including adjacent sites) and within the same timeline. Because of the magnitude of this
project, the City should carefully consider whether a PLA is an appropriate and fit option for contracting work.
It should be noted that the design-build project delivery method requires an enforceable commitment to hire a
skilled and trained workforce. A PLA is a complex but practical option to meet this requirement. A PLA is not
statutorily required under the Public Contract Code in order to award a design-build contract; a PLA is simply
one option that would relieve the public entity and the design-build contractor of further obligations regarding
the “enforceable commitment” requirement.
FISCAL IMPACT
This is an information item. There is no impact to the City’s budget.
CONCLUSION
It is recommended the Measure W Subcommittee review the information in this report, discuss the potential
application of a PLA for the Community Civic Campus project and identify any additional information or
evaluation needed by staff for final decision.
Attachment: PLA Required Elements/ Example Findings / Typical Provisions
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ATTACHMENT 1
PLA Required Elements, Example Findings, Typical Provisions
Required Elements
A public entity may use, enter into, or require a PLA only if the PLA includes the following
taxpayer protections:
Prohibit discrimination based on race, national origin, religion, sex, sexual orientation,
political affiliation, or membership in a labor organization in hiring and dispatching
workers for the project.
Permit all qualified contractors and subcontractors to bid for and be awarded work on the
project without regard to whether they are otherwise parties to collective bargaining
agreements.
Protocol concerning drug testing for workers who will be employed on the project.
Guarantees against work stoppages, strikes, lockouts, and similar disruptions of the
project.
Dispute resolution by a neutral arbitrator.
Example Findings
The law does not require the public entity make a specific set of findings prior to entering or
requiring a PLA, but it is good practice to include them in the contract. Examples of findings
include:
The timely and successful completion of the project is of the utmost importance to the
public entity, to meet its needs a avoid costs resulting from delays.
A large number of workers of various skills would be required in the construction work
on the project.
The use of skilled and trained labor on construction work increases the safety and quality
of the completed work.
The potential of work disruption resulting from multiple contractors and bargaining units
present on the job site is substantial, and a commitment to maintain continuity of work is
required.
The interests of the public entity, the unions and contractors, and the public would be best
served if the work on this project is not interrupted by activities like strikes and work
stoppages.
The contractors and unions desire to mutually establish stable wages, hours, and working
conditions for workers employed on the project.
The PLA is not intended to replace, modify, or otherwise interfere with existing local or
national collective bargaining agreements in effect.
Typical Provisions
In addition to the protection clauses required by the California Public Contract code, a PLA will
generally contain provisions addressing the following:
The type of work covered (i.e. activities for the Project, on/off site work).
Type of work and employees not covered (i.e. furnishing supplies, marginal employees,
non-construction work, public employees).
Requiring the parties to enter into an Agreement to Be Bound. All future subcontractors
on the projects are also required to enter into the same agreement.
Provision barring unions from striking and contractors from locking out workers.
Typically, certain building trades councils would prefer that a PLA require (1) that
contractors hire workers through a union hall or (2) that employees to become union
members after being hired. However, a PLA can state that the agreement applies to all
contractors and subcontractors on a project regardless their status as union or non-union.
Requiring the parties to initial arbitration procedures to resolve alleged PLA breaches or
conflicts.
Establishing a grievance and arbitration procedure for project disputes.
Requiring a Pre-Construction Conference to announce craft assignments and discuss the
scope of work, and other issues, prior to commencement of the project construction.
Provisions recognizing unions signatory to the PLA as the sole bargaining representative
for employees working pursuant to the PLA.
Setting a referral procedure for contractor to hire workers for the project subject to the
PLA.
Wages and benefits (prevailing wages will be required).
Requiring contractor to employ apprentices from certain approved programs, in
compliance with the ratio determined by the applicable Labor Code sections.
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-866 Agenda Date:9/20/2017
Version:1 Item #:4.
Report regarding selection of the preferred Community Civic Campus project site plan.(Marian Lee, Assistant
City Manager)
RECOMMENDATION
It is recommended that the Measure W Subcommittee receive information and identify a preferred
Community Civic Campus project site plan. After receiving input, staff will present this item to City
Council for final direction.
BACKGROUND/DISCUSSION
Presently, staff is working on procuring a master architect team for the Community Civic Campus project. Once
a master architect team is selected, staff will need to negotiate the services agreement and prepare to begin
design development in 2018. With these milestones on the horizon, now is a critical time to select the preferred
site plan so that negotiations and expectations can be clearly defined and design development can be pursued in
a prudent and timely manner.
Attached is a presentation that will be provided at the meeting. The presentation will include contextual
information about the three site plans that City Council and the public have reviewed, key California
Environmental Quality Act (CEQA) findings described in the project’s draft environmental document (currently
being finalized) and staff recommendation for site plan preference and funding strategy.
FISCAL IMPACT
There is no impact to the City’s budget at this time. When the funding plan is finalized, budget approvals will
be presented to City Council during the during the City’s budget deliberation process.
CONCLUSION
It is recommended that the Measure W Subcommittee receive information and identify a preferred Community
Civic Campus project site plan. After receiving input, staff will present this item to City Council for final
direction.
Attachment: Presentation Site Plan Option Preference
City of South San Francisco Printed on 9/18/2017Page 1 of 1
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MEASURE W
COMMUNITY CIVIC CAMPUS PROJECT
Site Plan Options
Measure W Subcommittee Meeting
September 20, 2017
Context
Site identified
3 site plan options
CEQA evaluation for all 3 options
Choose one option for master architect
Inform negotiations with master architect
Sets base assumptions for site plan finalization
and building design
• Option A
- With surface parking
- $157M
• Option B
- With structured parking
- $173M
• Option C
- With below building parking
- $172M
- Available land for other development
Site Plan Options
Option A – Surface Parking
PUCOPTION A
Total Cost
$157 Million
PUCOPTION B
Total Cost
$173 Million
Option B – Structure Parking
PUCOPTION C
Total Cost
$172 Million
Option C – Underground /Surface Parking
Staff recommends moving forward with Option 3
-Structure parking is more expensive but open space is needed
-Underground parking for public separate from police facility
-Open space outdoor programming opportunities on
approximately 1 - 1.5 acres
Other benefits
−Provides open space for Sunshine Gardens community
−Cost of providing open space elsewhere is $3M/acre
Staff Recommendation
Maximize parking spaces under Library / Recreation facility
Minimize surface parking in open space area
Remove development area and optimize parcel for police
facility
Ensure appropriate access and circulations
Plan for PUC Development and Oak Avenue extension
Guidance for Site Plan Optimization
Option B with parking structure evaluated (most potential
impacts)
Project has less than significant impact
Changes to El Camino/Chestnut Area Plan is minor and
less than significant impact
Mitigations addressing cumulative traffic less than
significant:
-Signal timing
-Lane realignment
-Restriping required
Draft SEIR Key Findings
$144.5 million Measure W
$9.3M Land Sales
$2M Asset Seizure
$1.5M Park-in-Lieu
Other
- PEG: $920,000
- CDBG: $400,000
- Library/Recreation Donations: $330,000
- Library (Developer Contribution) $230,000
- Alliance Shuttle $90,000
Funding Strategy ($160M)
Additional Funding Opportunities ($28M)
Additional funding needed
-$13M short for Campus (conceptual YOE$)
-$15M Oak Ave Extension (2007$)
Funding opportunities
-CFD $20M
-Grants/Donations/Foundations $5M
-Developer Contribution $2M
CITNOF SOUTH SAN FRANCISCO
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