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HomeMy WebLinkAboutReso 123-1984 RESOLUTION NO. 123-84 ~ITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION AND APPROVAL OF SUPPLEMENTAL NO. 4 TO THE AGREEMENT TO FURNISH ARCNITECTURAL AND RELATED DESIGN SERVICES TO THE CITY OF SOUTH SAN FRANCISCO BE IT RESOLVED BY THE City Council of the City of South San Francisco that: 1. Approval of Agreement. The Agreement entitled "Supplement No. 4 to the Agreement to Furnish Architectural and Related Design Services to the City of South San Francisco for the Renovation of portions of City Hall and the former Police Services Building also called Civic Center Renovation, Project No. PB-81-2" is hereby approved, and a copy of said Supplement No. 4 Agreement is attached hereto as Exhibit "1". 2. Execution of Agreement. The City Manager is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a re.qular meeting held on the 22nd day of A~Lgu.~t , 1984, by the following vote: AYES: Councilmembers Mark N. Addiego. Fm~nu~l~. N. ~)am~nt~, R~oh~r~ A, Haffey, Gus Nicolopulos; and Roberta C~rri T~.glia NOES: None ABSENT' None City Clerk Exhibit i to Resolution ~o. 123-84 SUPPLEMENT' NO. 4 TO THE AGREEMENT TO FURNISH ARCHITECTURAL AND RELATED DESIGN SERVICES TO THE CITY OF SOUTH SAN FRANCISCO FOR THE RENOVATION OF PORTIONS OF CITY HALL AND THE FORMER POLICE SERVICES BUILDING ALSO CALLED CIVIC CENTER RENOVATION, PROJECT No. PB-81-2 .~ The City of South San Francisco, hereinafter called "CITY", and Group 4/ Architecture, Research and Planning, Inc., hereinafter called "CONSULTANT", haVe entered into an AGREEMENT dated September 30, 1981 in connection with the renovation of 'the City. Hall and former Police Services Building (hereinafter called "AGREEMENT"), which AGREEMENT was amended on March 23, 1982 by SUPPLEMENT No. I and on June 21, 1982, by SUPPLEMENT No. 2 to said AGREEMENT, and on October I3, 1983 by SUPPLEMENT No. 3 to said AGREEMENT. The AGREEMENT is attached hereto as "EXHIBIT 4A" SUPPLEMENT No i is attached hereto as "EXHIBIT 4B" SUPPLEMENT No 2 is attached as EXHIBIT 4C" and SUPPLEMENT No. 3 is attached as "EXHIBIT 4D". These documents are incorporated by reference as though fully set forth herein. · SECTION 1: GENERAL This SUPPLEMENT is being executed in order to accomplish three tasks noted as a), b) and c) as follows: a) provide continuing Architectural and related design services by the CONSULTANT for the on-going renovation of portions of the City Hall and Library. Page 1 of 9 The documents produced by the CONSULTANT-for the following items shall be e~lployed to receive competitive bids by Contractors. 1. New carpeting at first and second floor offices of City Hall 2. Renovation of public restrooms at City Hall 3. New heating, :ventilating and air-conditioning (HVAC) system at City Hall 4. Renovation to roof' gutter and reshingling of roof at City Hall 5. New carpeting at Adult and Children's section of Library b) increase the amount of compensation to the CONSULTANT for the construction administration services performed under extensions to the AGREEMENT under SUPPLEMENT No. I through SUPPLEMENT No. 4 inclusive. Such services consist of design services for change orders, design services for new scope items added during construction, and on-site services performed in a .construction management review capacity as delineated in SECTION 2 of SUPPLEMENT No. 3. c) increase the amount of compensation attributable to Reimbursable Expenses. Page 2 of 9 The services which the CONSULTANT now agrees to perform over and above those contracted for under previous supplements are described in the folldwing sections, SECTION 2' SCOPE OF SERVICES of this SUPPLEMENT. Compensation to the CONSULTANT for construction admini, stration services performed on behalf of the Project under the AGREEMENT and its various SUPPLEMENTS has been exhausted, as has Compensation for Reimbursable Expenses. Updating to these areas of Compensation are described in SECTION 5: COMPENSATION of this SUPPLEMENT. SECTION 2: SCOPE OF SERVICES Basic Services: T~e CONSULTANT will provide Architectural and Related Design Services for the inclusion of new items for construction, and for the processing of change orders and for the on-site administration of construction. These services shall include the normal structural, mechanical and electrical engineering services as required, and as similarly heretofore provided under the AGREEMENT and SUPPLEMENT No. through SUPPLEMENT No. 3, inclusive. SECTION 3: ADDITIONAL SERVICES Services which are not described in SECTION 2: SCOPE OF SERVICES of this SUPPLEMENT and customarily are not a part of the Basic Services shall be considered as Additional Services. They shall be provided only if author- ized or confirmed in writing by the CITY and they shall be paid for by the CITY in addition to the ComPensation for Basic Services. Page 3 of 9 SECTION 4: TIME OF PERFORMANCE CONSULTANT shall begin work immediately following execution of this SUPPLE- MENT to the AGREEMENT and upon written notice by the CITY to proceed. The_ completion of his services, described in SECTION 2: SCOPE OF SERVICES of this SUPPLEMENT, are anticipated to be completed according to the following schedule of construction completion: Library Interior Library Exterior City Hall Exterior City Hall Interior October 31~ 1984 October 31, 1984 January 31, 1985 February 28, 1985 These dates of anti.cipated construction completion may be extended due to causes beyond the control of the CONSULTANT or the CITY and the CONSULTANT shall not' be penalized for such extensions of time. SECTION 5- COMPENSATION Compensation for Basic Services performed for New Scope Items for , Competitive Bid: The Total Budget Cost of these new items is $332,800. In consideration for these Basic Services performed as generally described in SCOPE OF SERVICES, the CITY agrees to pay the CONSULTANT on a Time and Material Basis with a Maximum Limit. The Maximum Limit for work performed for the specified items in SECTION I of this SUPPLEMENT is Twenty-Nine Thousand Two Hundred Eighty-Six Dollars ($29,286.00). Page 4 of 9 Compensation for Basic Services performed for New Scope items added during Constructi on: The Total Budget Cost of these new items is $71,450. The cost of items attributable to Change Orders as of 9 August 1984 is $50,538. In consideration for Basic Services performed as generally described in SCOPE OF SERVICES, the cITY agrees to pay the CONSULTANT on a Fixed Percentage Fee Basis of Fifteen (15) Percent. Based on this percentage, the fee is Eighteen Thousand'Three Hundred Thirteen Dollars ($18,313.). Compensation for Services performed on-site during the Construction Phase: As of August 15, 1'984 approximately 157 working days remain for the completion of all Construction until February 28, 1985 for all heretofore noted items described in SECTION 1 of this SUPPLEMENT. ~ The CITY agrees to pay the CONSULTANT on a Time and Material Basis with 'a Maximum Limit. The Maximum Limit of work performed as specified in SECTION 2: SCOPE OF SERVICES of SUPPLEMENT No. 3 is Twenty-Nine Thousand Five Hundred Thirty Dollars ($29,530.00). , Labor charges for all compensation determined on a Time and Material Basis will be according to the SCHEDULE OF CHARGES shown as "EXHIBI. T 4E" of this SUPPLEMENT. The rates include compensation for direct labor, indirect labor overhead, general and administrative overhead, and profit for th~ CONSULTANT and that of outside consultants. The costs of outside sub- consultants shall be billed to the CITY at a multiple of 1.1 times the amount billed to the CONSULTANT for such services. Page 5 of 9 Compensation for Reimbursable Expenses: 'In consideration of Reimbursable Expenses for in-house service such as reproduction, the CITY hereby increases the maximum ad- ditional compensation by a sum of Five Hundred Dollars ($500.00). The CONSULTANT will include with his Invoice receipted bills or other documents reasonably required by the CITY. For Additional Services of the CONSULTANT, as described in SECTION 3, the CITY agrees to pay the CONSULTANT as follows: On a Time and Material Basis at the labor charges shown in "EXHIBIT 4E" of this SUPPLEMENT. The costs· of outside subconsultants shall be billed to the CITY at a multiple of 1.1 times the amount billed to the CONSULTANT for such services. The CITY agrees to pay the CONSULTANT for reimbursable expenses such as reproduction, (excluding the costs of reproduction and postage for the final Contract Documents which shall be paid by the CITY) and long distance telephone costs at a rate of 1.05 times the direct cost billed to the CONSULTANT. Payments for Basic Services, Additional Services and Reimbursable Expenses shall be made monthly and shall be in proportion to services performed. If the services covered by this SUPPLEMENT have not been completed within twelve (12) months through no fault of the CONSULTANT, the amounts of com- pensation and rates set forth shall be equitably adjusted. Page 6 of 9 SECTION 6' SUBCONTRACTS CONSULTANT will employ the same outside consultants as noted in SUPPLEMENT No. 1, as required to complete the Scope of Services of this SUPPLEMENT. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of his consultants, and persons either directly or in- directly employed by them, as he is for the negligent acts and omissions of persons directly employed by him. SECTION 7' INSURANCE CONSULTANT will maintain the same insurance as ~pecified in SECTION 7 of SUPPLEMENT No. 1. SECTION 8' HOLD HARMLESS AGREEMENT CONSULTANT hereby reaffirm~ the Hold Harmless Agreement which appears in SECTION 8 of SUPPLEMENT No. 1. Page 7 of 9 SEI~TION 9' NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the CITY shall be addressed as follows- Mr. Robert S. Yee, Director of Publ:ic Services City of South San Francisco 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to the CONSULTANT shall be addressed as follows' Mr. Julian D. Munoz AIA, Principal Group 4/Architecture, Research and Planning, Inc. 457 Forbes Boulevard South San Francisco, California 94080 SECTION 10' The parties hereto hereby agree that, except as provided herein, all of the provisions of the AGREEMENT, SUPPLEMENT No. 1, SUPPLEMENT No. 2 and SUPPLEMENT No. 3 to said AGREEMENT, shall continue unchanged and shall remain in full force and effect. Page 8 of 9 In witness whereof, the following duly authorized representatives of the CITY and CONSULTANT have signed in confirmation of this SUPPLEMENT No. 4 to t'he AGREEMENT. 3ated CITY OF SOUTH SAN FRANCISCO C. Walter Birkelo - City Manager GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, INC. Julian D. Munoz AIA- President Attest: .. ~arbara Battaya - City Clerk Page 9 of 9 AGKE~--M~'T EXHIBIT 4A This AEreement, entered into on September 30, 1981 , is b~' and between the City of South San Francisco, hereinafter called CITt, and Group 4/Archi:ecture, Research and Pi~nu~-E, Inc., hereinafter calla~ · C0NSULTAA-f. SECTION 1: GENERAL o . This Agr.e~m~emt pertains to architecrur~ and related professional 'design services for the renovation to portions of the Ctr~ Hall and to the former · PoliCe Services Building. The services to be performed by. the CONSULTANT ' are cztegorize~ into the following phases: Phase 1 - Feasibili~7 Study Phase 2.- Design Development Phase 3 - ConTract Documents Phase 4 - Bid~/ng !~ase 5 - Construction Administration SECTION 2: SCOPE OF WORK The services which the CONSULTAL"E agrees to perform, in the above phases of the pr.0ject are generally described in ~he OUTLINE OF SCOPE OF SERVI~S, attached hereto as "Exhibit A". The services which, the CONSULTANT agrees to perform in Phase 1 (Feasibility Study) are specifically described in SCOPE OF SERVICES - PHASE 1, which is attached hereto as "Exhibit B". Ezhibits A and B are made a part of this Agreement. The proposed services for Phase 2, Phase 3, Phase 4 and Phase 5, as shown in Exhibit A,' ~re a part of chis Agreement~ but the specific scope of these services is not yet defined and thus their specific descrip~/on is not included. This Agreemen= serves as the general agreement fdr such services, which may be specifically authorized by the CITY by a No=ice to Proceed, Task Order, or other document, setting forth the · detailed scope, fee, insurance requirements, ~me schedule, and specific terms for such work. . o Page 1 of 14 SECTION 3: TIME .OF PERFORMANCE CONSULTANT shall begin Work withim seven (7) days following execution of this Agreement and upon written notice hy CITY to proceed With Phase 1. CONSULTANT agrees to complete the services for Phase 1 within forty-five (45) days from the Notice to Proceed, except that CONSULTANT will not be held responsible for delay caused by others or circ%n~-~tances beyond control of CONSULTANT. · .. '.' . ' ' ' ~ : -'. " . 72...:- . .... .- 'co sAz :o' '::'!ii ':' ..... '" '":' "'" - "' ' ':'"" :' .-' '".'¥' .... ---- ' ' ' SECTION 4.: . . . lq '-.- :.'.. :--.. - '.-' ~" .; ..... :......-'.-. :. - .. _"- .... -::........ . ." ' . .-. . :-..:.- . In consideration for services described tm ~hase 1 and i~ Exhibit B, - · 'i- '" ' ' - ' ' ' ' ' the CITY agrees to pay the' CONSULTANT a f~'e4 '~ee ~lus Reimbursable'Expenses. CONSULTANT shall perform all of the services described in Exhibit B (Phase 1) for a total fee of Five Thousand ~ine Hundred Thirty Dollars ($5,930.00). The CONSULTANT will submit copies of receipted bills and other documents o in support of its allocation of in-house and outside Reimbursable Expenses. Reimbursable Expenses for in-house services such' as reproduction during. Phase 1 will be Charged at direct cost and shall not exceed Fifty Dollars ($50.00). Reimbursable Expenses for outside services such as long distance telephone calls and reproduction for Phase 1 will be charged at direct cost, plus five (5) percent and shall not exceed One Hundred Dollars ($100.00). The estimated fees for Phase 2, Phase 3, Phase 4 and Phase 5 shall be in the ranges shown in the ESTLMATE' OF' FEE, attached hereto as "Exhibit C". Reimbursable Expenses for Phase 2, Phase 3, Phase 4 and Phase 5 shall be as shown in "REIMBURSABLE EXPENSES - PHASE 2 THROUGH PHASE 5;' attached ' hereto as "Exhibit D". Exhibits C and D are made a part of this Agreement. SECTION 5: METHOD OF PAYMENT The CONSULTANT shall submit monthly invoices to the CITY for services performed and reimbursable expenses incurred, and CITY shall render payment to CONSULTANT based upon said invoices, contingent upon approval by CITY as to performance of the work and' within thirty. (30) days' of submittal. page 2 of 14 SECTION 6: OWNERSHIP OF DOCU~NTS The CITY shall have full and complete access to the CONSULTANT'S calcu- lations, drawings, specifications and other documents during progress of the work. All such documents prepared by the CONS~TANT shall become the property of the CITY at the 'completion of the project. The cONSULTA~NT may retain a copy of all material produced under this Agreement for its use in its general business activities. Should the CITY desire to .use the work completed under this Agreement for purposes other than those intended under this Agreement, the CITY will notify the CONSULTANT in '~ttin§ ~rior' . . . -.- !... : . <. : to any reuse ~f the CONSULTANT'S documents. '~'.- SECTION 7: 'CITY FURNISHED tdATFRTAT. ' The CITY agrees-to make available to'the CONSULTANT all drawls. Es, specifi- · cations and other existing documents pertaining to the project. SECTION 8: INSURANCE The CONSULT.~NT agrees to provide and maintain the following insurance during the completion of Phase 1: 1. Workers' Compensation as required by law. - 2. Comprehensive General Liability Insurance with limits not less than $100,000 each occurrence. Such policy shall include contractual liabi!i~y and comoleted operations coverage. 3. ComPrehensive Automooile Liability Insurance, with limits not less than $300,000 each occurrence and $50,000 property damage liability for each occurrence. 4. Professional Liability Insurance, with. limits not less than $100,000 for any'one claim. As a provision of the Comprehensive General Liability Insurance an~ the Comprehensive Automobile Liability Insurance, tke coverage shall include the City of South San Francisco, its elective and appointive boards, officers, agents and employees with respect to work performed by the CONSULTANT. Page 3 of 14 As evidence'of said coverage for Phase 1 the CONs6LT~NT shall forward · Certificates of Insurance which shall include a provision for a cancellation. notice of not less than thirty (30) days, directed to the CITY. Further, the CONSULTANT shall, upon request, submit for inspection a~y such insurance policies to the CITY. ' Insurance for work completed'under Phase 2, Phase 3, Phase 4 and Ph-ase 5 · shall he'determined upon the completion of Phase 1 and prior to the .. commencement of Phase 2. -' . : -. '' . . " " :: °' ~"v. '" .:.. ....' . SECTION 9: RESPONSIBILITY; INDEHNTFICATION · . : CONSULTANT shall indanmify, save harmless' and at CII"f's request, defend CITY, its employees, agents, amd representatives from and against.all claims, demands,, actions, causes of action, losses, dm_m~ges, liabilities, costs and expenses including reasonable attorney's fee~ or obligations, for or in connection with injury or damage to any person or property which · arises out of or is in any way connected with the negligent act, error or omission of CONSULTANT and its .agents, subcontractors, or employees as a result of CONSULTANT'S rendition of services under this Agreement. · .. SECTION 10: USE OF SUBCONTRACTORS The CONSULTANT is permitted to subcontract professional structural design. services with the firm of Glenn Nelson Engineers and to subcontract pro- fessional ~echanical and electrical design services with the firm of Design Engineering Services for the execution of this work. Unless written approval from the CITY is received, the CONSULTANT shall not subcontract any services other than those specifically noted in this'Agreement, and ex. cept for service firms engaged in reproduction, typing and printing. CONSULTAA"C shall be solely responsible for reimbursing any subcontractors an4 the CITY shall have no obligation to them. SECTION 11: ASSIGNMENT CONSULTANT shall not assign any of its rights nor transfer any of its obligations under this Agreement without the prior written consent of the CITY. Page 4 of 14 ,.. SECT!0N12:, ADDITIONAL SERVICES CONSULTANT may perform Additional Services, other than those stipulated in the attached Exhibit A, if requested by the CITY. CONSULTANT shall not proceed with performance of such services without written Notice to Proceed. Compensation for any such Additional Services shall be as agreed to by both parties to this Agreement. SECTION 13: TERMI~TION .'. .. . . · .~.......:..' . :.'.'. . - . ... ... ~, · '~;. ::.~'; . The.CITY may terminate thi~ Agreement upon ten (10) days written notice to the CONSULTANT in the event of substantial failure by the CONSULTANT of the CITY. In the event of Termination, the CONSUL~A~NTsh~!! deliver to · the CITY all work products completed to date, and shall be paidby the CITY for all services performed to date in accordance with terms of the Agreement. IN WITNESS WHEREOF, duly authorized representatives of the CITY and the CONSULTA~NT have signed in confirmation of this Agreement as of the day year above written. · ' CITY OF SOUTH SAN FRANCISCO , · 400 Grand Avenue South San Francisc°, California 94080 (Type~ name) (Title) City Manager (Typed name) (Title) Page 5 of 14 ATTEST City Clerk GROUP 4/ARCHITECTURE, RESEARCH. AI~ PLA1R~NG, ~C. (ACaliforaia Corporation)' 467 Forbes Boulevard '"' " '. ' ' - . . Sou~h San 'Francisco, California 94080 ¥ice President Page 6 of 14 F. XI{IBIT A OUTLINE OF SCOPE OF SERVICES · Phase 1: Feasibility Study ' (see 'attached Exhibit B: SCOPE OF SERVICES - PH.~SE !) · Phase 2: ' DeJign Development Based on the approved Feasibility Study, the CONSULTANT team 'will prepare drawings, pictorial ~enderings and other-documents Which will describe the architectural design. The mechanical/ electrical and structural systems will be described. Specific tasks will include: · - Preliminary Floor Plans - Outline Specifications - Preliminary Construction Cost Estimate - Preliminary Construction Schedule Phase 3: Cons truc't ion Documents , The Contract Documents will provide complete descriptions of · all work involving the architectural, structural, mechanical, -electrical and fire safety systems for all elements of the Project. ~e documents-will describe, locate, dimension, as · well as give the physical properties, performance characteristics, workmanship, and all other pertinent information relating these components. Specific tasks will include: - Final Design Drawings - Construction Specification - Final Construction Cost Estimate Page 7 of 14 Phase 4: Bidding During the Bidding Phase, the design team will provide City Staff with advice and consultation on an as-required basis. Specific assistance and service would include: - Holding a Pre-Bid Conference - Answering questions of prospective bidders on the Co~tract Documents · . - Assistance with Bid Review or Analysis' and Recommendation ' . . -- Preparation of Amendments to the Contract' Documents'to clarify or add Changes . . · . l~aase 5: Construction Administration The Construction Administration Set-cites are those services of the CONSULTA~NT required to assure construction performance, and to administer and monitor the construction contractor. These services would include: - Pre-Construction activities - Additional architectural/engineering services as required for clarification of the Contract Documents - Review La~oratory Reports, Mill Certificates and other Reports '- - Provide Field Inspection as required to monitor contractor's performance - Construction contract change control - Review of Shop Drawings and other submittals Page 8 of 14 ~IBIT B SCOPE OF SERVICES - PHASE 1 Feasibility Study · Am analysis of the existing buildings will be conducted. ~ concise statement of the spat/al requireme'nts, ho~h existing and proposed, will .be developed based on inte~iews aad input wit~ key City staff. Design concepts will be presented and evaluated and printed in final form for City review and for selection of. appropriate alternative. · I. Feasibility Study A. Building/System Reviaw 1. Site visits 2. Maintenance personnel interviews 3. Review of past renovati6n work B. Program Development ~ 1. Interview with the following departments/divisions: 'a. City Attorney b. Purchasing c. Finance d. Print shop · 'e. Planming f. Building g. Engineering h. City Treasurer I. City Clerk ' 2. Review spatial requirements a. Existing b. Proposed 3. Prepare Program Draft Page 9 of 14 C. Review of Program Draft 1. City ~nager 2. City Council D. Analysis of Existing Structures: City Hall and former Police Service Buildimg 1. Architectural 2. Structural 3. Mechanical 4. Electrical E. Fo~ulatton of Design Concept Alternatives (including plan drawing,' · -- cost' estimate 'range, rati°~al and description) . 1. Renovate two lower floors of City Hall a~d renovate former .Police'Service'Building 2. East addition to City Hall 3. North addition to City Hail 4. ~ew Building F. Final Report 1. Introduction 2. Program 3. .Design Concept Alternatives 4. Recommendations 5. Review Final Report with City Staff and City Council Page 10 of 14 ~%~{IBIT C ~STIMATE OF FE~ Minimum Renovation: $400,000 Renovation: MaximumRenovation: This estimate is based on a m~{mal renovation of the first and second floogs of the City Mall building 4nd the. former PoliCe Services Building with no structural upgrading and . little or no electrical amd mechanical upgrading. The assumed construction Budget £s $300,000. · This estimate is based on a renovation of the first and second floors of the ~ity Hall building and .the former Police Services Building. Little or no e!ectrical,'me~hanical or structural work will be done to the City Hall. The former Police Services Building will have a new HVAC system installed and minor electrical and structural upgrading. The assumed constructiom budget is $400,000. · This estimate is based on extensive archi- tectural, mechanical, electrical and struc- tural renovation to the former Police Services · Building. The work would include removal of interior non-bearing concrete walls and the installation of new EVAC system. The first and second floors of the City Hall would be completely renovated. Modifications to the existing electrical and mechanical · system will be made to increase operating efficiency. The assumed construction budget is $750,000. Page 11 of 14 New Building: This estimate assumes a new 10,000 square foot office building and renovation to the first and second floors of the City Mall building. The assumed construction cost of the new building is $1,000,000. The assume~ construction cos~ for the renovation of ~he City Hall is $250,000. .The fee estimated assumes 7% of the construction cost of the ,ew building arid 11% of' Me' ~ons~ruction · cos~'of the':renovation wo'~k. - ':". - . . .. . · Page 12 of 14 PttASE RENOVATION FEE RANGE MinimuTM Maximum ESTIMATE FOR $400,000 RENOVATION .' ESTIMATE FOR NEW BUILDING AND PARTIAL ~ENOVATION TO CITY I~LL A. Feasibility.Study B. DeSign Development $ 5,930. $ 5,930. 4,000. I0,000. 5,930. 6,000. · $ 5,930~ 29,250. C. Contract Documents D. Bidding E. Cons ~ruc. Administration 12,000. 40,000. 500. 2,000. · 4,000. 18,000. ., 25,000. 1,000. ., 7,000... 43,850. 4,875. 19 ,~0'0. F~HIBIT ~ D REIb~aURSABLE EXPENSES - PHASE 2 THROUGH PHASE 5 Reimbursable Expenses for in-house services such as reproduction will be- charged at direct .cost and shall not exceed Two Hundred Fifty Dollars · . :. .. ~. - .'.' · . "- '.~: ..~. ~. - . ~ ~#.-.~. .- ~ .. .Reimbursable Expenses for ou~sid~ services s'u~. ~ long distance telephone calls and reproduction will be charged at direct cost, plus five (5) · · percent and shall not exceed Seven Hundred Fifty 'Dollars ($750.00): The · CONSULTANT will include receipted bills or other documents, reasonably · required by the CII"f. o Page 14 of 14 EXHIBIT 4B SUPPLF~MEMT NO. 1 · TO iHE AGRE~Z~NT TO FUR/.NISH A~CHITECTUR.AL A~ND RZLATED DESIGNSEKVIC~=' TO ~yHE ~ITY OF SOUTH S.~N FRA~NCi.~C0 FC~. THE RENOVATIC~ OF PORTIOMS OF Ci_V~f HALL A~ND THE ]FOR?IE2, POLiCS SERVICES BUILDING, PROJECT NO. PB-8i-2. The Citl of SouTh Sa~Francisco, hereinafter called CITY_, a~r/Group 4/ Archi=ec=urm, Research and Plamning, Inc., h~re!maf=er c-~e~ CGMSULTA~'T, have e~=ered into an-AGR~.~¥fda=ed September 30, l~$1i~connection with the reru~va~ion of the City Hall amd former Police Services E-uii~i~.g. The AGRE~.~.i~'T is a~tached hereto as'"?Exb~bi~lA" and'incorporated by referemce am though fully se= forth herei~. SECTION Phase 1 (~easibili~y Study) of the above nc. ted A=~E~L~.'.~Tr has bach Phase 2 (Desi~. Development), Phase 3 (Contract Documents), and Phase LB_dd~n~,' ~ ~ ~ were genaral!y described in .:he OUTLL~E OF SCOPE OF a~tached as "E~]~ibi-. A" =.o the AGRE~iENi. ?ne services whick the CONSULTAh'f now agrees to perform in Phase 9_ through Phase 4, i~.cI,.,=ive: are now more specifically described in the following sec'_ion, SCOPE OF SEKVICES of =his EECTIOM 2: SCOPE OF S.E.kVICES /'ne scepe cf work as se: fo_-:.'.: in the following pkase~ i_ Scheme A as describzd in the Feasibility Study as developS4 Pl~se I of ~he..~-..A~w~'~'{--.~...~ ~. ~e limiZs of work include ~ke Cloy ~all site bounded by Grand Aveaue, }~ple S~re~:, Walnut Aven~e ~nd Miller Avenuc, although :he majority of work sh~li occur within . .: the exter±or of the City Hall, a covered walkway between each of the two buildings and other site modifications herein listed also fora the basis of' work for this Project. The CONSULTANT shall rely' on a Soils Investigation Report provided by the CITer to define the subsurface conditions at the site. The Soils · · Investigation Report shall contain information pertinent to the .completio~ of this Project with emphasis on the design of structures at the elevator location and to the soils conditions affecting the water seepage into the City Hall 5asement. The CONSULTANT shall employ a licensed Surveyor rn lts~ contours and spot elevacicns a= those areas where construction work is anr/cipated for this Proj ec=. The work ~der Basic Services ~o be performed by the COI~SULTAR~ for each ~hase s.ha!I ba defined as follows: Phase 2 - Design Development- Phase Specific responsibilities of the CONSh~TA~NT in this Phase shall include the following: , Using the data prepared under Phase i of the AGRE~!~NT and employin~ ~he Furniture Survey provided by the CIT~ the' CGNSULTA~f shall develop a Space Plan showing ~he size an~ location of all offices, corridors, a_nd other spaces and tho_ir furniture arrangements for the ~wo lower floors of the City Hall, the thir~ floor of the City Mall as i~ relates to elevator access, and the ?oIice Serx, ices building Meec with Depar~men~ Heads of city 'departm~_nts affected' by. this renovation to review, and revise, as required, space arrangements and adjaceacies proposed for their depa=tm, ents 2 cf !! Prepare and submit to the CITY for approval a Color Board indicating the colors, finishes, and textures of fimishmaterials, both interior an~ exterior to be employed under this Project' · Attendsix (6) public meetimgs pertn~u~ng to the completion of work under this Phase as deemed necessary by. the City Manager or the Director of Public Services .e Field survey, to the extent possible, existing conditlom~ i~both' buildings a~ adjoining areas which a fret: the changes proFosed to the a~ctui~ectura%, s~ctur~l, mechanical and electricz~ elements. The'CONSULTANTwill rely on buildimg documents provided by the CITY 5utwillno~ be hel~ responsible for t~til~ing elements which are buried, not exposed to view, or not c~-_str~ctad as {ndicated drawings . ..... · · Preparm scaled drawings, an Outline Specification and other of prelimimary desi~ quality te fix an~ describe r~e size and character of the empire Project as to architectural, structural, mechanical and electrical systems, materials am~ such other as may be appropriate including: Renovation cd the i~terior of the first and second floors of the existing City Hall, as raquire~, to ac=ommodate new offices and related spaces. Renovation to ~xis=ing restrooms at the firs= floor of the City Hall to accommodate its use for the physic~ly handlczpped - Renovation to the interior of =he third floor of the existing City Hall, as required, to accommodate ne'~.office arrangements as governed by the required elevator access ~o this lcvel - Renovation.~a accommodate ins~alla:ion of a handicapped 3 of Ii elevator to serve all habitable levels of the City Hall. Resultant renovation of ramp and related site features to accommodate access of handicapped individuals to elevator - Review and renovation, as required, of the accessibility and on-site parking of vehicles belonging to handicapped individuals - Renovation to the concrete steps lead/ng to the City Hal!, south side entry - Renovation to alleviate the water infiltration probl.em at the periphery of City Hall,' lower level · · -- Renovation to portions of t~e roof of City Hal! t~ alleviate water ~filtration and ~ryrot, and weatherproofing to exis:in mechanical equipment - RenovaTion to - ~ c. ea~e a covered walkway betweem the City Hz II and Police sea;ices buildings and m~dificati6ms to landscaping at these areas - Renovation to the interior and exterior of the former Police Services building, as required, to accommodate new offices and relates spaces. A new roof and a new HVAC system shall also be included Prepare and submit to the CITY a Statement of Probahie Cons=ruction · Cos= based on the elements of the entire Project PreSenT and obtain approval from the South San Francisco Desigm Reviev Board of those elements of this Projec~ pertaining to their jurisdicuion Present and obtain approval from the South San Francisco City Co.'ncA~ · of the final desigm development documents produced under this Phase · before proceeding with Phase 3 4ofll Submi~ twenty (20) copies of the approved design development documents to the Director of Public Services Phase 3 - Contract Documents Phase Specific responsibilities of the CONSULTA~NT' i~ this Phase shall include the following: · Based on approved Design Development dac~m~_mts developed ~der Phase 2 an~ amy further adjustments tm the scope or qualitY of the Project or im .the Projec~ Budget authorized By the CIT~, the CONSULTA~rf shall prepare, for approval of the .CIT~' Con~ract Documents consisting of c~mple~e, detailed, measured Drawings amd Specifications setting forth in detail the requirements for the construction of the Project including architectural, str~cturaI, mechar~ical and electrical systems, materials and such other elemen=s as require~ for bidding purposes Prepare and submi~ to the CITY a revised Statement of Prob-~ble Comst.~actio= Cost based on the elements of the entire ?roject e Attend six (6) public' meetings pertaining to the completion of work' un,er this Phase as deemed necessary by the City M~nager or the Director of Public Services ~siSt the CITY, if required, J.n ceralec:iom ,~i~h the CII'f's responsibility for filing documents require~ for the approval of governmental authorigias ~hzving jurisdictio~ over the Pr6jec~ Assist the CITY in the preparation ef the necessary bidding infor- -motion, bidding forms' tke Conditions of the Con~ract, th~ form of Agreement be~..~eem the CITY and ~he Contractor, amd .any other documents required by the CITY go be inclu.~ed in ~he "Specifications 5 ii -. Prepare a Work Phasing Schedule to illustrate to the potential Con~ractor the schedule by which he is to proceed wi~.h the various elements of this Projec~ o · · Present and obtain approval from the South San Francisco City Council 'of the final contract documents produced under this Phase before pr,~ceeding with Phase 4 · Submit to the CITY original tra..cings of Dr~gs an~ reproducible copies of Specifications for printing an~ ~/s~ribution by CIl~f Phase 4 'Bidging Phase Specific responsib4_!ities of the CONSIU~TA~NT in this Phase sbmll include - the following: Based on approved Cons:ruction documents and an)- ~urther adjust=enms in the scope or quality of the Project or ~ the Project Budge= authorized by the CI~, the CONSULT~%~ s~l assis~ the CI~ in ob=a~ing bids, and if required, assis~ ~ awarding ~ preparing contracts for cons~ction . , ~sist CI~ in preparation of Pre-Bid Conference and be present ~o ~swer questions by prospective bidders Assist CITY in preparation of a listing of Contrzc=ors iu=areste~ in the Bidding of the Pro~ec~. CONSULTA/qT shall not be responsible for the quality of work provided by any Contractor Assist CITY in the evaluation of Bids receive~ Be available to answer any questions by Bi~ders and to issue Addenda to the Construc".ion Documen=s.~ if required 6-et 11 SECTION 3: ADDITIONAL SERVICES Services not described in SECTION 2: SCOPE OF SERVICES of this SUPPI2~IEh-C and customarily not a par= of these Basic Services shall be considered as Additional Services. They shall bo. provided if authorize~ or confirmed in. writing by the CITY, a~d they shall be paid for by the CIT~ in addition to the rates of payment described under SECTION 5: -COMPE~SATION of tkis : SUPPT.m~NT. SECT~0N 4: TZZE OF'PEP. F0~CE CONSUL~ shall begi~ work withi= severn (7) days follo~ring e~ecution of this MU~P~ t:o the A~----',IEI~ and upon writtezz not:ice by the CITY to proceed with Phase 2. CONSULTANT agrees to complete Phase 2 through Phase 4, inclusive, according to the' Milestone Network to Be s~hmitted withi~ te~ (I0) days after Notice to Proceed on Phase ~-i 'Completio: of Phase 2 and Phase 3 .by CON~ULTANT shall not ~xc~_ed 180 calendar days ~nless authorized by CITY'. CON~JLT.~.NT will mot be held respousibla for delay caused by others or ex:anuating circumstances be~-oud control of CONSU~T.~NT. SECTION 5: C0}~E~NSATION , In considera:ion for services performed as described in SCOPE 0¥ $~VI~S, the CITY agrees to pay the CONSU-,.TAMT on a Time and Material basis with M~cimum Limit. The M~uximum Limit for work performed %~der Phase 2 Phase 4, i~clusive, shall be Sixty Nine Thousamd l%~o Euadred Fifty Dollar~ ($69,251.00). ' Labor charges will h'e according to the atuacheg SCHED?LE OF C~L~RGES, · "Exhibit lB". The ra~e~ sho--~ include compensation for direct lahcr, izdirect labor overhead, general and administrative overhead, and profit for the CONSULTAN"r and ~ha= of outside consul~an=_~. The cos:$ of outside "ccnsultants sh~li be billed tc ~he CITY at a mu!title of 1.1 times . amounts billed to the CCNSU.LTA2~'r for such services.. Reimbursable Expenses for in-house and outside services shall be charEe~ according to "Exhibit D" of the AG~}rf. Payments made in consideration for services performe~ by the CONSULTA~NT as gener.~lly described in SECTION 3: ADDITIONAL SERVICES shall be made monthly by the CITY on a Time an~ Material Basis and according to the S~ULE OF CHARGES, "Exhibit lb". If the services covered by this SUPPL~ have not 'been complete~ within twelve (12)'months of the date thereof, throug~ no fault of the CONSIILTA~NT, the amounts of compensation .an~ rates set forth herein shall 5e equitably a~Ij usted. SECTION. 6: SU~CONTRACT_$ CONSLrLTAI~f ~i!l employ the services of Outside consultants in order to complete the work under this SUPPL~bN"f. The consultants are Design Engineering Services ~.[echanical Engineering), ~iam. ~olm~erE an~ Associates (Elec~rlcal Engineering) and Glenn ~.elson Engineers (Struc~ur~i Engineering). CONSULT~NT shall be .as fully responsible to the ~ITT for the negligent acts and omissions of his consultants, an~ persons either directly or indirectly employed 5y them, as he is for the ~egligent acts and omissions of persons directly employe~ by him. · SECTION 7: INSURANCE o The CONSULTANT agrees to provide and maintain the following insurance specific t~ this Projec~ for the'duration of the Work performe~ by the CONS'JL~. . . 1. Workers' Compensa~icn as reqired by law. 2. comprehensive General Liability InsuranCe with limits not le~s than $100,000 each occurrence. Such policy shall include contractual liability and completed operations coverage. 3. Comprehensive Automobile L than I;300,000 each occurre'~ , for each occurrence. 4. Professional Liability Ins~ for any one claim. As a provision of the Comprehe:. Comprehensive Automobile Liabi3 the CiTy of South San Francisc~ officers, agents and employees CONSULTANT. Said policies of insurance and endorsement thereon: : NoTwithstanding any other afforded hereunder to the as to any other insurance. the City of South San Fra shall not be required to sr.d unless the approximat exhaus ted." SECTION 8: MOLD HL~P~ESS AGRE CONSUL~%NThereby agrees to, appointive boards, agencies, o from any liability for damage injury, including death, as we may arise as a result of CONSU under this AGTRE~IENT, whether subcontractor or subconsui~an~ indirectly employed by, or con~ractor of subconsui~an~, · ~suranca, with limits not less O,000 property damage liability limits'hot less than $100,000 ~'al LiabiliCy Insurance and the .'.~uce, the coverage sP-,ll include . :tive am~ appoin~iva boards, ?.ct to work performed by the ~,em shal3[ also contain the following .o in this policy, the insur~c~_ ;u~h Sam Francisco sh~]! be primary ~'ance covering or ayah_labia to such ether ~nsurance or reinsurance ~o any liability or loss until lia'oility afforded hereunder is '.~old CITY, its electiva and ' ~ents, and employees harmless for damage for personal or bodily claims for property damage which ~ivities i~ performance of services as be by CONSULT.~NT or by any ~ one or more persons directly or ~c for, CONSULT;~Xrr or any sub- .~rofessionai liability, or Sola negligence of the CIIY. For'professional liability, CGNSh~TA~NT agrees to indemnify anR hold the CITY, its elective and appointive boards, ag&ncies, officers, agents, a.nd employees harmless from all claims costs, and ~amages arising from "CONSULTA~NT's or its subc6n=ractor's or subcon- sultan='s negligent acts, errors'or omissions. CONSU~TANT addi~/onally agrees to, aha shall, defeu~ CITY and its elective and appointive bo3rds, · agencies, officers, agents, anR emploTaes from any suites or actions a~ law or in equity-for .damages. caused, er ~eged to have Been caused, by · ., : . .. .~ '. . . reason of any of the aforeSa/a servic~_~... .' "::" -" ; · , SECTION 9: NOTICES -.' '- , · . Ali mot/cas shall be in writing and delivere~ in person or ~ransmi~:ed o by cer=ified mail, .postage prepaid' Notices required =o be given :o the CITY shall be addressed as fo'~lows: Mr. Robert Yee, Director of Public Services City of South San Francisco · 400 Grand Avenue South San Francisco, California 94080 Notices required to he given to the CONSULTANT shall be addresse~ as follows: · Hr. Julian D. Munoz Group 4/Architec=ure, Research and PlnnnTng, Inc. 467 Forbes Boulevard Soutk San Francisco, California 94080 All of the provisions of the AGRE~shalI remain in effect during the period of this SUPPLEMENT. · · 10 of i1 Im witness whereof, the following duly authorized representatives of the CITY and the CONSULTA~\~C have signed im confirmation of this SUPET.F~- ~rNT to the AGRa. CITY OF SOUTH. SAN FRA.~"~CISCO '4/AR¢~L~~ ~ AND MLA~--.~G, INC. C. Walter Birkelo City ~5~ru~ g er ATTEST: Vice EXHIBIT 4C TO ~ AGRED~r~-qT TO FURNISH .aY, Gt~C~a.L A.k~ ~ DE.SZ~T ~C?_S TO ' T~'7_. C~ OF SC~ SAg F~CISCO FOR ~ I~OVA.TIOM OF PC~ONS OF C~ I-T. qI~ _~ ~ FO~ POLICE S~C~='g I~TJIIDING, I:~R~~ NO. ?B-81-2 o Th_= City of Sourl-,.. Sm FTanei-~co, Imr~-t~ac-=-e.r eallecI Arc,hi~ec~-~'m, Rasemrch and Platting, Iuc., her~w~t=ter 'braze entered, imco am. ~T a~r~,8 Sep. =mmhe= .30, .1981 i= r~-x~,~cicr~ ~rith' z.~m:C"AG~,-:~-~-'~'), ~i-d.~ ~Si:mTMDrr ~as amm~ m. Mare. k 23, 1982 by. -. . ~ 1: ~ ' ' . . 'of ~e ~r~ m [he ~ ~a!! C~~x ~o ~e desi~ . ~~d by ~e ~N~%%T for p~~ of ~ ~ F~ ~d ~ f~ '~~~,~ ~e foll~g se~m, ~~0~ 2:' scope of ~-ork' as see forth in the folI~ing phases is bas~ c~ intervi~..~ . . ~i~h City parsers, el and site visits to the Libr~ Building and is to be p=_rformed in additi~ to the services outlined in .the ~~.~rr and ~u?PT_ ~E/~E NO. 1 thereto. Tee limits of work inc/ncle.~ the Cit7 IIall siEe, · b~-~ded by Gr,--nd Avenue, Y~.ole StreeT, %laln~ A<r~,.ze~ and Miller Av-~mmm a!~hough the majority of wo~< shall oc~ ~,rit:h~ and directly adjacmn~ to City Hall library. work under Basic Services to be performed by the CONSh~NT for each pb~se shall be defined as ~ollcr..~: Page 1 of 8 Phase 1 - Feasibility Study (d~leced for this SUPPLEMENT) Phase 2 - Design Development Phase , Specific responsibilities of the CONSULTANT in =h~_~ Phase sB=~! include the following: . o Field Su~ey, to the extane possible; ~ondi~/ons in ~he L~brary -. ' b,,i!ding which affect the changes' ~'roposed to the 'azahi~eet-m:a~."" · nog be held r~ponsihle for building elements which are buried, . nor_ e-x~osed Co ~ew, or not consC~-uaCed as t=~ticaCecI on draftings · o . o · .. · .. o At_tend six (6) public mee~Tngs per~a{-~ug to =he comelier, on of ~ork ' under ~h~-~ Phase as deeme~t necessary by the City Manager or the Director of ~ublic .Services - · Prepare scaled drawings, an Outline Specification and other documents of preliminary design quality to fix and describe the size and character of the entire Library renovation project as to architectural, structural, mechanical and electrical systems, materials, an~ suck Other e!emen~s as .mAy be appropriate includin~: - Renovation to the interior of the firsc~fIoor of the Lib--. to consolidate thc ~.n= ~-_-~i_sting circulation desks ~co one new ~rc~acion desk adjacen~ Co the W~uC Av~ en~ -. ' Renovation to the interior of the' first floor of '~he-Library, as required or permitted struct~~y, to allo~ for a more · efficient layout of s~acks at the Children and AcI~C book sections ,- - Renovation of the core of spaces separating the Children an~ Adult book sec~ions, as required, to consolidate r/le number of underutilized spaces and Co provide for improved access and control for this Ualnu~ Avenue entrance Page 2 of 8 · -- Renovation of misc~I]~neous elements to. the staircase leadinE . . from .the first floor of the Library to the lower floor -Renovation of the exterior Walnut Avenue entrance to provide for the accessibility of handicapped persons to the Library · -- Renovation to the roof of ~he Library to provide for a .new '~entCies ~ req~~ ..." .'3 . :"' - - . . .. - Renovat/on to the exterior west si~e Wall to seal cracka in · . t. he masonry wn~ ? ~eet with the Librarian;-City ~ana§er, Director of Public S~=~ces other c~ncerned City officials to review, an~ revise, if required, docu~e~x~xs produced by the C~NSUL~.under this Phase . · o Prepare and submit to' the CITT a Statement of Probable Construction o Cost based on the elements of the entire ~rojec= o present and obtain 'appr~vai from the South San Francisco City Council of the final design developmen~ documents produced under this Phase before proceeding with 2hose 3 '. o Submit t~enty (20) copies of the approve~ desi. gm developmen= docu~en=s to the Director of Public Services Phase 3 - Contrac~ Documents Phase Specific responsibilities of the CONSULTAA"r in r/tis Phase shall include the following: o Based on approved Design Developmen~ documents developed under Phase 2 and any further adjustments .in the scope or .quali~y of the Projec~ or in the Project Budget authorized by the CI%'f, the CONSULTA~NT shall prepare, for approval of the CITT, Contrac~ Documents consisting Page 3 of 8 of complete, detailed, measured Dra~4inEs and Specifications settinE - forth in detail the requirements for 'the construction of the Project including architectural, structural, mech~-~cal and electrical systems, . materials aud"such other elements as required for bidding purposes o prepare and. submi= to the City a revised StatamenU of ProbaBle Cons=ruction Cos~ base~ on ~e ~~n~$ of ~e ~~ r~o~a~ _ . . ~ - ... .... ::~:.: . ... :. ' ' ' '' ""-"< ' "'~4' ' '~. ' '.'' ' "": . -~. ... : ..... .,.% '..:.? '..' ~..... ..~.: :.": ..... . -o Ac~e~ s~ (6) pu~ 'meetings perc~-i-~ ~o the' ~le~ of Jork. ' U~' . ' ' of ~ iic SaUces . - :.j. - ; ~: - .:- . . , - . 'o ~sis: the ~~ ~ur~ction over ~e ~ec= o Assist the CIl"r in the preparation of the necessary bidd/nE informa~iun, bidding forms, the Conditions o'f the ConTract, the form of A~=reemen= b~c~een the CITY ~nd the Contractor, an~ any other documents requires by the 'CIT~ to be'included in the Specifications o Tnta~ra~e this Library ~enovation into ~he Work 2basing Schedule , being prepared for the City Hall and the former ~olice Services Building under SUPPLemENT NO. 1 '% o ~resen". and obtain approval fro= the Sou~-~ San ~rancisco City Caun ~cil 'of ~he final con=race documents produced under this Faase before . . proceedin~ ~ri=h Phase 4 - o o Submi~ to the CITY original rracinEs of Draftings and reproducible copies of Specifications for printing an~ distribu=ion 5y the CITY PaEe i of 8 Phase 4 - Bidding Phase · Specific respcr~ibilities of the CCN~NT in this Fnase shall tha fo~g for tha quality. 'of ~ providad by any Cc~tractor. .- , ,, o ~a. ssist the ~ 5n t_ha ev'aluatim of ]lids rec~~ .0 Be available to an~.m__~ ~y 'qu~sCicms hy Biddars m~'~ 'to to tha Coms~~ Domm~ats, if red--red. - Services nou dascribed in. ~CrI~N 2: SCOPE OF S~z~ of this mid ~t~~!y hOC 'a p~ of ~e B~ic ~~c~ %~ he c~~ed SECfION 4: TIMZ OF ~q3~.L~XCE ~SULT~rr shall begin work witkin seven (7)'days foliO.zing exm~~ of o Page 5 of 8 this SUPP~~ to the AGREEMENT amd upon written notice'by the CITY to ~roceed with ~hase 2. C0NSULT3kXVf agrees to complete ~hasa 2 through Phase 4, inclusive, coincidental with the revised Milestone · Ne~'ork submitted to the CIl"f for approval under Phase 2 work of SUPPT-F~hNT NO. 1. CONSULTA~NT will no: b~ held responsible for cause~ by others or eXtemuatiug ctrc,~stances beyond control of · . . · · , , . In c°nsidara=!on fo~ se_--rt, ce= p~_rfor=ad as..~eac~e~ in SCOPE OF .... Pkase 4, inclusive, s_ha?l be ~em Thousand Seven Hmmtrea Six Dollars ($10;706.) .. ., CONSULTAMT . · · · _ · · o gE~Olg' 5: - CO'~I~IS~TION "-' - . ' , · , · .o · Compemsa~ign for work trader this SUFPLE}~ sb~!~-he added =o the Compensation for work under SUPPL~ME~NT NO. I to fo~ a new }~a~ Limi~ to inc!u~e the combined services for this SUPPL~NT and SUP?I.F~. ~ ~0. 1. Labor charges will be according to' the SCHEDULE OF ~$ sbaw~ i~ '~xhihi~ of Sh~PLFliEAr~ NO. 1. The rates i~cl~e compensa~io~ for direct ~hor, , indirec~ labor overhead, ~eneral and admiruis~ra~ive overhead, an~ profit for the CONSULTANT an~ tha~ of our~i~e co~sul~am~s. The costs of outside ccr~ulta~ts shall be' billed to the CITY at a multiple of 1.I times the a~u~'.s hilla~ to the CONSULT3~f for such services. .. Reimbursable Expenses for in-house a~ outside services shall be charge~ according to "E,~Jaibit D" of the Pa>~ents made in consideration for services perf'orme4 by the CONSULTA~NT as generally described in SECTION 3: ADDITIONAL SEI{VICES shall be made mon~hly by the CITY on a Time and ,Material Basis an~ accor~img tO tke SCHEDULE OF CHARGES,. "Exhibi~ LB" of SUPPLEM~-f N0. I. . · . Page 6 of 8 the services co~_rad-by t~his SUPPtFP~ ha~ r~t be~ c~~ted-~~ tbm ~ ~~ spe~{~ed ~ ~ N0. 1, ~ no f~t of ~ ~~~, ~e ~~ of c~~~ ~d~ set f~he~ s~ ~ '~~ly ~j~~. ~N~olZANT will empl~, the-sazm outsi~ conm,]~n~ as norad in m6~~ ~%]~ 1, as.requirad, to cczplate the Scope of Services of this ~T. CC~I~I~T~ ah~]l be as fully respommible to the ~ for tha negligen~ ac~ ~ omissicns of his ccmaultants, and para,ms ei~ ~irectly or ~~ac~iy emp~ by them, as hJ is for 'thru negligent acts and omissio~__s of per, ores.directly employ~i by ~ ~CTICN 7: INSURANCE will zJintgin .the sama insurmnce as sp_=c~ed in SECTI~ 7 of SUFPI2iMEST NO. 1. H01D F~S AGR~ CC~.T_~NT hereby reaffizms the Hold Harmless ~ement wkich appears SECCION 8 of ~ NO. 1. o ~ noticas sl~ll be in x~iting and daliver~d in Person or transmi~ by c~rl~ ~ ed mail, postage prepaid. Notices required to be given to the CITY shall be addressed as follows- . Mr..Robert S. Yee, Director of Public Services City of South San Francisco 400 Grand Avenue South San Francisco, California 94080 Page 7 of 8 No~i ~cas requirer to be. given to the C~i~T shall be addresser as fo]_I~: Mr. J~di~ D. ~kmoz, Principal Group 4/Archi-tec~ure, Rasearch and Plzrm~, Inc. 467 Forbes f~mleva=d South San Fran~co, C~]~ ~oznia 94080 The parties hereto hereby agree that, exnapt, as ~ovldeR h _~r~_u, ail of tha ~i~s of tha AGP~ ~n~ SUP~~-qT NO. 1 to said ~~, ~ cTrY OF SOUTH SAN FRANCISCO C. Walter Birkelo City Manager GROUP 4/ARCH~~u~,~, 1RESEAR~ AND PI~MING, ~'~C. Vice Presidan~ \x ~Barbara Battaya .City Clerk EXHIBIT 4D TO ~HE AGRE~E~TO FURNISH ARCHITECTURALAND RELATED DESIGN SERVICES TO ~.~E CITY OF SOUTH SAwN FRANCISCO FOR THE RENOVATION OF PORTIONS OF CITY HALL AND THE FOP~R POLICE SEkVICES BUILDING ALSO CALLED CIVIC CENTER RENOVATION, PROJECT No. PB-81-2 ~ae City of South Sa= Francisco, hereinafter called "CITY," and Group 4/ Architecture, Research and Planning, Inc,, hereinafter called "CONSULTANT," have entered into am A~ dated September 30, 1981 in connection with the renovatiom of the City M~ll and former Police Services Building (herein- after "AGP~"), which AGREE~fliNT was amended on March 23, 1982 by SUPPLk~KENT NO. ! and om June 21, 1982, by SUPPLANT No. 2 to said AGREE~--NT. The AGREE?~'NT is attached hereto as "~xhibit 2A", SUPPLk"~ERT No. I is attached hereto as "--rXEIBIT 2B" and Sh'PP~ No. 2 is attached as "~EIBIT 2C". These documents are incorpora=ed by reference as though fully set forth hereim. SECTION 1: GENERAL This SUPPL~ is' being executed in order to provide Architectural and related design services by the CONSULTA=\~T for portions of the City Hall, the former Police Services Building and the Grand Avenue Library. The services which the CONSb~LTA~NT now agrees to perfom over and above those contracted for under previous' supplements are described in the following section, SECTION 2: SCOPE OF SERVICES of this SUPPLD~N~r. SECTION 2: SCOPE OF SERVICES Basic Services: The CONSULTAiNT will provide. Architectural and Related Design Se~;iaes during the Cons. truction Phase. The C0NSULTA~NT'S Basic Services consist of the services described in Paragraphs 2. I through 2.16 and shall include normal s~ruc=ural, mechanical and electrical engineering services. 2.1 The Construction Phase will commence with the award of the Contract for Construction and, together with the CONSULTA~NT'S obligation to provide Basic Se.~zices under this Agreement, will terminate when final paymen~ to the Contractor is paid. Page One of Eight SECTION 2: SCOPE OF SERVICES 2,.2 The CONSULTANT shall provide administration of the Contract for Construc- tion as set forth below and in the CONTRACT DOCU~NTS for the Civic Center Renova- tion. 2.3 The CONSULTANT shall be a representative of the CITY during the Construc- tion Phase, and shall advise and consult with the CITY. Instructions to the Con- tractor shall be forwarded through the CONSULTANT. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provider in the Contract Documents unless otherwise modified by written instrument in accordance with paragraph 2.16. 2.4 The CONSULTANT shall provide part-time Project Representation at the site for approximately four hours per work day. The CONSULTANT shall become familiar with the progress and quality of the Work and determine if the Work is proceeding in accordance with the Contract Documents. On the basis of on-site observations, the CONSULTANT shall keep the CITY informed of the progress and quality of the Work, and shall endeavor to guard the CITY against defects and deficiencies in the Work of the Contractor. 2.5 The CONSULTANT shall not have control or charge of and shall not be res- ponsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. Any agreements entered into between CONSULTANT and/or CITY and contractors for the project shall state that the Contractor is responsible for construction means, methads, techniques, sequences, procedu~es, and for safety precautions and programs in connection with the Work. 2.6 The CONSULTANT shall at all times have access to the Work wherever it is in preparation or progress. 2.7 The CONSULTANT shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications Page Two of Eight 2.7 Continued for Pa~nnent, and shall issue Certificates for Payment in such amounts, as pro- vided in the Contract Documents. · 2.8 The issuance of a Certificate for Payment shall constitute a represen- tation by the CONSULTANT to the CITY, based on the CONSULT;uNT's observations at the site as provided in Paragraph 2.4 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of the CONSULTANT's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to a evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a repre- sentation that the CONSULTANT has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 2.9 The CONSULT;~NT shall be the interpreter of the requirements of the Contract Documents and the judge., of the performance thereunder by both the CITY and CONTRACTOR. The CONSULTANT shall render written interpretations necessary for the proper execution and progress of the Work within fourteen calendar days upon written request of either the CITY or the Contractor. Further, the CONSULTANT shal.1 render written decisions within fourteen calendar days on all claims, disputes and other · matters in question between the CITY and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 2.10 Interpretations and decisions of the CONSULTANT shall be consistent with , the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. In the capacity of interpreter and'judge, the CONSULTANT shall endeavor to secure faithful performance by both the CITY and the Contractor and shall not be liable for the. result of any interpretation or decision rendered in good faith in such capacity. Page Three of Eight 2.11 The CONSULTANT's decisions in matters relating to artistic effect shall · · be final if consistent with the intent of the Contract Documents.. The CONSULTANT's decisions on any other claims, disputes or other matters, including those in ~uest~on between the CITY and the contractor, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. 2.12 The CONSULTANT. shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in the CONSULTANT's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract DoCuments, the CONSULTANT will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work be then fabricated, installed or completed. 2.13 The CONSULTANT shall review or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The CONSULTANT's review of a specific item shall not ~indicate review of an assembly of which the item is a component. 2.14 The CONSULTANT shall prepare Change Orders for the CITY's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work which are not inconsistent with the intent of the Contract Documents and which do not involve either an adjustment in the Contract Sum or an extension of the Contract Time. 2'.15 The CONSULTANT shall conduct inspections to determine the Dates of Substantial Completion and final completion, shall receive and forward to the CITY for the CITY's review written warranties and related documents required by the Contract Document and' assembled by the Contractor, and shall issue a final Certificate for Payment. 2.16 The extent of the duties, responsibilities and limitations of authority of the CONSULTANT as the CITY's representative during construction shall not be modified or extended without written consent of the CITY, the Contractor and the CONSULTANT. Page Four of Eight SECTION 3: ADDITIONAL SERVICES · Services which are described in SECTION 2: SCOPE OF SERVICES of ths SUPPL~ME~XFf and customarily are not a part of the. Basic Services shall be considered as A~di~i°nal Services. They shall be provided if authorized or confirmed in writing by the CITY and they shall be paid for by th~ CITY in addition to the compensation for Basic Services. Additional Services shall include the services described in Paragraphs 3.1 through 3.6. 3.1 Change Orders during construction provided such Change Orders are required by causes not solely within the control of the CONSULTANT. 3.2 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for construction. 3.3 Providing consultation concerning replacement of Work damaged by fire or other cause during construction. 3.4 Providing services after issuance to the CITY of the final Certificate for Payment. 3.5 Providing services after 255 calendar days from the issuance to the Contractor of the Notice to Proceed. Exceptfor holidays and weekend days, those days during which construction work at the site does not take place shall not be counted toward the 255 calendar days. 3.6 Providing other services not customary or not described in SECTION 2. SECTION 4: TI}~ OF PERFOP~NCE CONSULTANT shall begin work following execution of this SUPPLEMENT to the AGREEMENT A~\~ upon written notice by the CiTY to proceed. SECTION 5: CO>~ENSATION In consideration for Basic Services performed as described in SCOPE OF SERVICES, the CITY agrees to pay the CONSULTAaNT on a Time and Material basis with a ,.Maximum Limit. The Maximum Limit for work performed under this SUPPLEMENT s ali Eor~y-Two %housand Seven Hundred Thirty-Five Dollars ($42,735.00). Page Five of Eight SECTION 5: COMPENSATION Continued Labor,charges.will be according' to the SCHEDULE OF CtL~RGES shown in "Exhibit lB" of SUPPL~tENT NO. 1. The rates include compensation for direct labor, indirect labor overhead, general and administrative overhead, and profit for the CONSULTA~\-r and that of outside consultants. The costs of outside subconsultants shall be billed to the CITY at a multiple of 1. I times the amounts billed to the CONSULTAA~r for such services. For Additional Services of the CONSULTANT, as described in SECTION 3 , the CITY agrees to pay the CONSULTANT as follows: For the services described in Paragraphs 3.2 through 3.6: On a Time and Material Basis at the labor charges show~ in "F. xhibit lB" of SUPPL~[ENT No. 1. The costs of outside Subconsultants shall be billed to the CITY at a multiple of 1.1 times the amount billed to the CONSO~LTA~N'r for such services. For the services described in Paragraph 3.1: At a fee of 15% of the construction cost or cost credit for the construction work. ~ne CITY agrees to pay the CONSULTANT for reimbursable expenses such as reproduction and long distance telephone costs at a rate of 1.05 times the direct cost billed to the CONSULTANT. The maximum amount for reimbursable expenses shall not exceed Five Hundred Dollars .($500.00). The CONSULTANT will include with the invoice receipted bills or other documents reasonably required by the CITY. Payments for Basic Services, Additional Services and Reimbursable Expenses shall be made monthly and shall be in proportion to services performed. If the services covered by this SUPPLiaNT have not been completed within twelve months through no fault of the CONSULTANT, the amounts of compensation and rates set forth herein shall be equitably adj us t ed. SECiION 6: SUBCONTRACTS CONSULTANT will employ the same outside consultants as noted in SUPPLF~NT No. 1, as required to complete the Scope of Services of'this SUPPLiaNT. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of his consultants, and persons either directly or indirectly employed by them, as he is for the negligent acts and omissions of persons directly employed by him. Page Six of Eight SECTION 7: INSURANCE CONSULTANT will maintain the same insurance as specified in SECTION 7 of SUP?LEMENT No. 1 '~ SECTION 8: HOLD HAt~DLESS AGRE~W. NT CONSLrLTAS~r hereby reaffirms the Hold Harmless Agreement whick appears iq SECTTON 8 of SUPPLEMENT No. 1. SECTION 9: OFFICE FOR CONSULTANT AT SITE The CITY shail provide a heated office space with drawing desk, telephone service for the use by the CONSULTANT during working hours. The CITY will pay for all utility costs associated with the project for this office space. SECTION 10: NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the CITY shall be addressed as follows: Mr. Robert S. Yee, Director of Public Services City of South San Francisco 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to the CONSULTANT shall be addressed as follows: Mr. Julian D. Munoz, Principal Group 4/Architecture, Research and Planning, Inc. 467 Forbes Boulevard South San~Francisco, Californii 94080 Page Seven of Eight -SECTION 11: The parties hereto hereby agree that, except as provided hereim, all of the provisions of the AGREEb[ENT, SUPPLEMENT No. 1 and SUPPLEMENT No. 2 to said GREL-WdSNT, shall continue umchamged and shall remaim in full force and effect. In witness whereof, the following duly authorized representatives of the CITY and CONSULTANT have signed in confirmation of this SUPPLiaNT No. 3 to the AGRE~N~r. CITY OF SOUTH SAN FRANCISCO C. Walter Birkelo - City Manager GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, INC. Julian ~. Munoz - President Attest: Page Eight of Eight EXHIBIT 4E-: SCHEDULE OF CHARGES · PRINCIPALS at a rate of Sixty-Five Dollars ($65.00) per hour. For the purposes of this Supplement, the Principals are Robin Chiang, James P. Dierkes, Wayne E. Gehrke and Julian D. Munoz. EMPLOYEES at a multiple of Two and Three-Quarters (2.75) times the Employees' Direct Personnel Expense. OUTSIDE CONSULTANTS at a rate of One Hundred Ten Percent (110%) of the Cost of the Consultant to the Architect. Page 1 of 1