HomeMy WebLinkAboutReso 15-2018 (18-33)City of South San Francisco P.O. Box 711 (City Hall,
• 400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 15 -2018
File Number: 18 -33 Enactment Number: RES 15 -2018
RESOLUTION APPROVING A CONSULTANT SERVICES
AGREEMENT WITH THE SMITH GROUP JJR, INC. OF SAN
FRANCISCO, CALIFORNIA FOR MASTER ARCHITECT SERVICES
FOR THE COMMUNITY CIVIC CAMPUS PROJECT IN THE
AMOUNT NOT TO EXCEED $18,644,000 FOR BASIC SERVICES,
$692,000 FOR CONTINGENCY AND $883,000 FOR OPTIONAL
SERVICES FOR A TERM THROUGH DECEMBER 31, 2022 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT.
WHEREAS, on June 12, 2017, City of South San Francisco ( "City ") staff issued a Request for
Qualifications ( "RFQ ") for master architect services for the Community Civic Campus project; and
WHEREAS, staff received proposals from nine (9) teams and after reviewing and evaluating each team's
qualifications against the minimum requirements outlined in the RFQ, six (6) teams were shortlisted and
asked to continue in the Request for Proposal ( "RFP ") process; and
WHEREAS, an interview panel comprised of staff and outside experts interviewed the six (6) teams on
August 30, 2017 and selected two (2) teams, the Smith Group JJR and ELS /Shah Kawasaki/Sargent,
Brinkley, Wiginton teams for final consideration by the Measure W Subcommittee and City Council; and
WHEREAS, based on individual qualifications /experience, team qualifications /experience, relevant
project experience, and project understanding, the Smith Group was selected as the best qualified team
for the project; and
WHEREAS, staff recommends approving a consulting services agreement, attached hereto as "Exhibit
A ", for master architect services with the Smith Group JJR in an amount not to exceed $20,219,000,
which includes $18,644,000 for basic services, $692,000 for contingency and $883,000 for optional
services; and
WHEREAS, sufficient funding for the first year of the agreement estimated to be $3,490,692 is provided
by the Community Civic Campus project (pfl 707); and
WHEREAS, additional funding for the whole amount of the agreement will be contingent on budget
approval in future years.
City of South San Francisco Page 1
File Number. 18 -33
Enactment Number: RES 15 -2018
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that
the City Council hereby approves a consulting services agreement for master architect services for the
Community Civic Campus project with the Smith Group JJR, Inc. of San Francisco, California amount
not to exceed $20,219,000 for a term through December 31, 2022.
BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager, or his
designee, to execute the consulting services agreement with the Smith Group JJR, Inc. of San Francisco,
California on behalf of the City Council in an amount not to exceed December 31, 2022.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to take any other
related action necessary to further the intent of this Resolution.
At a meeting of the Special City Council on 1/24/2018, a motion was made by Richard Garbarino, seconded
by Mark Addiego, that this Resolution be adopted. The motion passed.
Yes: 5 Mayor Pro Tem Matsumoto, Mayor Normandy, Councilmember Addiego,
Councilmember Gupta, and Councilmember Garbarino
City of South San Francisco Page 2
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
SMITHGROUPJJR INC, ARCHITECTS
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco ( "City ") and Smith Group JJR Inc., a Michigan Corporation ( "Consultant ") (together sometimes
referred to as the "Parties ") as of January 24, 2018 (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 hereto and incorporated herein
as Exhibit A, 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 December 31, 2022, the date of completion specified in Exhibit B, the Performance
Schedule, and Consultant shall complete the work described in Exhibit A and Exhibit B, on
or before 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 work 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 Eighteen
Million, One Hundred Nine Thousand Dollars and No /100 ($18,109,000) for those basic services described
in the Scope of Work and satisfactorily performed under this Agreement. City hereby further agrees to pay
Consultant a total sum not to exceed Twenty Million, Two Hundred Nineteen Thousand dollars
($20,219,000.00) notwithstanding any contrary indications that may be contained in Consultant's Scope of
Work, for all services satisfactorily performed, approved reimbursable costs incurred, and any approved
additional services, as further set forth in this Agreement. City agrees to pay Consultant for those
additional services, as directed by the City, and only undertaken following prior written authorization by the
City. The additional services and the maximum compensation for those additional services shall not
exceed One Million, Five Hundred Seventy -five Thousand Dollars and No /100 ($1,575,000) for additional
design outreach and other optional services as requested or directed by the City.
City shall pay Consultant according to the cost categories and prices described in the Compensation
Schedule, attached hereto and incorporated herein as Exhibit C for each deliverable contained in the Basic
Services. In the event of a conflict between this Agreement and Consultant's Scope of Work, attached as
Exhibit A, Consultant's performance schedule, attached as Exhibit B, or Consultant's Compensation
Schedule, attached as Exhibit C, 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. Consultant shall submit all invoices to City in the manner specified herein. Any expenses
incurred in the performance of this Agreement shall be the sole responsibility of the Consultant.
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.
Consultant shall be responsible for directing the work of its employees and subconsultants and for any
compensation due to subconsultants. City assumes no responsibility whatsoever concerning such
compensation.
Consultant shall change or add subconsultants only with the prior written approval of the City's Contract
Administrator.
2.1 Invoices. Consultant shall submit invoices, not more often than once per month during
the term of this Agreement, based on the percentage of those basic and additional
services deliverables performed and reimbursable costs incurred prior to the invoice date.
Invoices shall contain all 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 of each task or deliverable contained in the Basic
Services and identified in the cost categories described in the Compensation
Schedule, attached as Exhibit C, and requesting payment in an amount
proportional to the percentage complete for each task or deliverable;
The amount and purpose of actual expenditures for which reimbursement is
sought shall be reviewed by the City's designated Program Manager, and approve
the percentage of tasks completed prior to submitting to City for payment to
Consultant; and
The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on percentage of services
completed, and based on invoices received consistent with Section 2.1, for services
satisfactorily performed, for authorized reimbursable costs incurred, and any authorized
additional services (if any). City shall have five (5) days from the receipt of an invoice to
provide notice to the Consultant if the invoice fails to comply with the requirements of
Section 2.1, and specifically identify which requirements of Section 2.1 are not in
compliance. The Consultant shall promptly remedy such non - compliance. City shall have thirty
(30) days from the receipt of an invoice that complies with all of the requirements above to
pay Consultant. Each invoice shall include all expenses and activities performed during
the invoice period for which Consultant expects to receive payment.
2.3 Final Payment. City shall pay the remaining five percent (5 %) 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.
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. In the event of a written request by City to Consultant to perform additional
services, as set forth in Exhibit A, compensation to Consultant shall be determined as
follows:
a. City's Program Manager shall provide a written description of the work to be
performed;
b. Consultant shall provide a written price proposal for the work, including forecasted
labor hours for each individual working on the job, total cost, and schedule of
performance;
c. City's Program Manager and Consultant shall agree upon a lump sum
compensation for the Additional Services;
d. Following agreement on method of compensation and schedule of performance,
City shall provide written acceptance of the proposal.
e. No Additional Service shall be performed without prior written authorization by
City.
Fees for additional work performed by Consultant on an hourly basis shall not exceed the
amounts shown on the Consultant's Hourly Billing Schedule, attached hereto and
incorporated herein as Exhibit C -1.
2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by
this Agreement include mileage, parking, tolls, printing, out of area travel, conference calls,
postage, express mail, and delivery. Total reimbursable expenses under this Agreement
shall not exceed Five Hundred Thirty -five Thousand dollars ($535,000). Expenses not
listed above are not chargeable to City. Reimbursable expenses are included in the total
amount of compensation provided under Section 2 of this Agreement that shall not be
exceeded. Each request for compensation of a reimbursable item must be accompanied
by actual receipts or other form of documentation, as approved by City, showing proof of
expenditures. Reimbursable costs shall be reimbursed at cost with no added mark -ups.
2.7 Payment of Taxes; Tax Withholding. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. To
be exempt from tax withholding, Consultant must provide City with a valid California
Franchise Tax Board form 590 ( "Form 590 "), as may be amended and such Form 590
shall be attached hereto and incorporated herein as Exhibit D. Unless Consultant provides
City with a valid Form 590 or other valid, written evidence of an exemption or waiver from
withholding, City may withhold California taxes from payments to Consultant as required
by law. Consultant shall obtain, and maintain on file for three (3) years after the termination
of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all
subcontractors. Consultant accepts sole responsibility for withholding taxes from any non -
California resident subcontractor and shall submit written documentation of compliance
with Consultant's withholding duty to City upon request.
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 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.
2.10 False Claims Act. Presenting a false or fraudulent claim for payment, including a change
order, is a violation of the California False Claims Act and may result in treble damages
and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation.
2.11 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes
of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be
not less than the prevailing rate for a day's work in the same trade or occupation in the
locality within the state where the work hereby contemplates to be performed as
determined by the Director of Industrial Relations pursuant to the Director's authority under
Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by
Consultant or by any subcontractor shall receive the wages herein provided for. The
Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor
Code Section 1775, as may be amended, per day penalty for each worker paid less than
prevailing rate of per diem wages. The difference between the prevailing rate of per diem
wages and the wage paid to each worker shall be paid by the Consultant to each worker.
An error on the part of an awarding body does not relieve the Consultant from
responsibility for payment of the prevailing rate of per diem wages and penalties pursuant
to Labor Code Sections 1770 1775. The City will not recognize any claim for additional
compensation because of the payment by the Consultant for any wage rate in excess of
prevailing wage rate set forth. The possibility of wage increases is one of the elements to
be considered by the Consultant.
a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of
prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the
Consultant shall post at appropriate conspicuous points at the site of the project a
schedule showing all determined prevailing wage rates for the various classes of laborers
and mechanics to be engaged in work on the project under this contract and all
deductions, if any, required by law to be made from unpaid wages actually earned by the
laborers and mechanics so engaged.
b. Payroll Records. Each Consultant and subcontractor shall keep an accurate
payroll record, showing the name, address, social security number, work week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee
employed by the Consultant in connection with the public work. Such records shall be
certified and submitted weekly as required by Labor Code Section 1776."
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
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 proof satisfactory to City of such insurance that meets the requirements of this section and under
forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work 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). Consultant shall maintain all required insurance listed herein for
the duration of this Agreement.
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 $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) 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 therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non -
owned automobiles.
4.2.2 Minimum scone 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 Insurance and Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability on an 'occurrence" basis. Automobile
coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 (most recent edition). 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 FIVE MILLION DOLLARS ($5,000,000) covering the licensed
professionals' errors and omissions. Any deductible or self- insured retention shall
not exceed ONE HUNDRED AND 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 shall purchase an extended period coverage
for a minimum of five (5) years after completion of work under this
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.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy
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, or Certificates of Insurance, including complete copies
of all endorsements attached to those policies. The Consultant reserves its right to
redact any confidential or proprietary information contained, therein. 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,
this 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 insurances
required pursuant to Section 4.2, of this Agreement including the City'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 for the
insurances required pursuant to Section 4.2, of this Agreement, before beginning
any of the services or work called for by any term of this Agreement. Further, if
the Consultant's insurance policy, for the insurances required pursuant to Section
4.2, of this Agreement, 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 4.2 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;
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. To the fullest extent
permitted by law, Consultant shall, to the fullest extent allowed by law, with respect to all Services
performed in connection with this Agreement, indemnify, defend with counsel reasonably acceptable to 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 ( "Claims "), to the extent caused, directly or indirectly, by the willful misconduct
or negligent acts or omissions of Consultant or its employees, subcontractors, or agents. 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.
5.1 Insurance Not in Place of Indemnity. 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.
5.2 PERS Liability. 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.
5.3 Third Party Claims. With respect to third party claims against the Consultant, the
Consultant waives any and all rights of any type of express or implied indemnity against
the Indemnitees.
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
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 Not an 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 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 federal, state and local laws and regulations applicable to the performance of the work
hereunder. Consultant's failure to comply with such law(s) or regulation(s) shall constitute
a breach of contract.
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 whatsoever 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.
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 thirty (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 effective 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 for an additional sixty (60) days.
Any such extension shall require Consultant to execute a written amendment to this
Agreement, as provided for herein. Consultant understands and agrees that, if City
extends the end date of this Agreement arising solely from the Consultant's errors or
omissions City shall have no obligation to provide Consultant with compensation beyond
the maximum amount provided for in this Agreement. Similarly, to the extent arising solely
from the Consultant's errors or omissions 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
subcontractors with 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;
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 except as 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 reasonable time during regular business hours, upon 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 ($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
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 of 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.
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 Marian Lee,
Assistant City Manager ( "Contract Administrator'). All correspondence shall be directed to
or through the Contract Administrator or his or her designee. City has designated Kitchell
CEM as their contractor administrator for this Agreement.
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
Juhee Cho, Principal In Charge
Juhee.cho @smithgroupjjr.com
Smith Group JJR Inc.
301 Battery Street, 7th Floor
San Francisco, CA 94111
With additional copies to:
SmithGroup Companies, Inc.
500 Griswold Street, Suite 1700
Detroit, MI 48226
Attention: Bart Stasa, PE, Esq.
Bart.Stasa @smithgroupjjr.com
City
Marian Lee, Assistant City Manager
City of San Francisco, City Hall
400 Grand Avenue, 2nd Floor
South San Francisco, CA 94080
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Program Manager
Kitchell CEM
Attention: Dolores Montenegro
1180 Coleman Avenue, Suite 202
San Jose, CA 95112
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 the scope of work attached hereto and
incorporated herein as Exhibits A, B, C, C -1. and D 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.
Exhibit A
Scope of Work
Exhibit B
Schedule of Performance
Exhibit C
Compensation Schedule
Exhibit C -1
Billing Rate Schedule
Exhibit D
Form 590
10.13 Counterparts. This Agreement may be executed in counterparts and /or by facsimile or
other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with
other signed counterpart, shall constitute one Agreement, which shall be binding upon and
effective as to all Parties.
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.
10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the
Parties hereto with no intent to benefit any non - signatory third parties.
[SIGNATURES ON FOLLOWING PAGE]
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO CONSULTANT — SMITH GROUP JJR INC.
City Manager
Attest:
City Clerk
Approved as to Form:
City Attorney
Juhee Cho, Principal In Charge
EXHIBIT "A'f
Table of Articles:
1.0 GENERAL
2.0 PROJECT ADMINISTRATION SERVICES
3.0 EVALUATION AND PLANNING SERVICES
4.0 DESIGN SERVICES
5.0 CONSTRUCTION PROCUREMENT SERVICES
6.0 CONTRACT ADMINISTRATION SERVICES
1.0 GENERAL
CONSULTANT (ARCHITECT) shall provide architectural design services for the construction of the
proposed new Community Civic Campus comprised of three (3) separate buildings, associated site work,
including a site plan layout, as reflected in CITY's Request for Proposals dated August 21, 2017.
Incorporated by herein by reference, and as may be modified by this Scope of Work or authorized in
writing by CITY. The new Community Civic Campus (hereinafter "PROJECT ") includes the following:
a. 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. Specific Programming and Features identified in Program developed by Group 4
Architects, dated February 2017, incorporated herein by reference and as modified by the City to
exclude design services for pre - school, HR, and City Clerk.
b . An approximate 44,000 - 49,000 square foot new Police Station 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 office. The design of the new Police
Station building shall include the following features:
1.SSFPD features include:
Approximately 30,000 SF of the facility is dedicated to law enforcement functions. Divisions
include:
• Office of the Police Chief;
• Operations Division including Beat and Bike Patrol, Community Relations, K -9 Unit,
Investigations, Neighborhood Response Team, SWAT, Task Force (Gang, Vehicle theft
and Drug), and the Traffic Unit;
• Administrative Services Division include Business Office, Records, SSF
Communications Center, Property and Evidence Processing and Storage, Professional
Standards, Community Outreach Programs (NEAT etc.), and other supporting
positions;
• Additional function Spaces including Shooting Range, Armory, Holding and Vehicle
Evidence Processing.
2. SSF IT include:
Approximately 7,500 SF of the facility is dedicated to IT functions. Functions include:
o Data Rooms including secure CLETS Room and Dispatch Equipment Room;
o IT work areas.
3. Joint Facilities include:
Approximately 10,000 — 12,000 SF of the facility is for shared spaces and building support areas.
Joint facilities include:
1IPage
- Conference rooms
- Training room
- Break rooms
- Fitness room
- Lobby and public restrooms
- Men's and women's staff toilets
- All Infrastructure support areas
rooms, electrical rooms, etc.
including vertical circulation, mechanical equipment
4. Site Functions
- Parking: Patrol vehicles and specialized support units (SWAT, Etc.) are planned to be
housed in below grade parking. Personal vehicles and un- marked SSFPD vehicles will be
parked at adjacent surface parking areas. The patrol vehicles require two means of exit
from the site.
- K -9 kennels will be included in this location.
5. On -site Improvements:
Anticipated on -site improvements include secure and non - secure vehicle parking, concrete
paving, loading dock, fueling, landscaping, utility service, security fencing, emergency generator,
flagpole, sidewalks, site lighting and other related elements.
6. Off -site Improvements:
The site layout and related off -site improvements scope will be designed as part of the project.
Anticipated off -site improvements would include utilities to serve the new site, sidewalk
replacement, new aprons, traffic signal control and utility relocation, as needed.
c. An approximate 7,250 — 10,000 square foot new Fire Station, at grade facility built within the footprint of
the existing Municipal Services Building (MSB) site, to replace the existing fire station located at
southeast corner of Arroyo and Camaritas.
Building Improvements:
Approximately 7,250 — 10,000 square feet with three apparatus bays and living accommodations
for 6 on -duty personnel. Apparatus support spaces include fitness, equipment storage, shop,
turnout storage; laundry facilities, office /work areas and medical clean up. A meeting space is
highly desired.
On -site Improvements:
Anticipated on -site improvements include demolition of existing structures, both secure and non -
secure vehicle parking, concrete and asphalt paving, landscaping, utility service, security fencing,
flagpole, sidewalks, site lighting and other related elements.
Off -site Improvements:
Off -site improvements anticipated include the minor roadway modifications, new aprons, traffic
signal control refinements and utilities to serve the new facility.
ARCHITECT shall develop and prepare a Guidance Document (GD) that covers all accessibility standards
and requirements expected in the design of each Project.
ARCHITECT shall review for compliance and conformance to all applicable codes and the following
building codes and/or standards:
- 2016 California Building Code
- 2018 International Building Code
- 2016 Green Building Code
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- 2016 California Energy Code
- Title 24 of California Code of Regulations
- 2010 ADA Standards for Accessible Design
ARCHITECT shall provide Interactive Visioning services aimed at determining scope for exhibit design
including: 2 — 3 -hour visioning workshops with City staff, on the same day, 1 — 3 -hour workshop with the
public, and a summary of key findings on Experiential and Interactive Visioning.
1.1 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.
1.2 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.
1.3 ARCHITECT shall coordinate with the CITY as the designated manager of this Scope
of Services and CITY's separate consultants and contractors as needed or as directed
by CITY or CITY's designated PROGRAM MANAGER.
1.4 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.
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 as determined by CITY.
The CITY shall approve in writing the following documents that shall also include Life Cycle
Cost Analysis and Cost Estimates as described in the deliverables for each phase:
(1) Conceptual Design /Campus Master Plan;
(2) Space Programming all buildings;
(3) 50% and 100% Schematic Design for all buildings;
(4) 50% Design Development Documents;
(5) 100% Design Development Documents;
(6) 50% Construction Documents;
(7) 90% Construction Documents; and
(8) Bid Ready Construction Documents.
Community Outreach
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As part of Measure W, ARCHITECT shall work with the CITY to develop a detailed stakeholder
engagement structure. This structure will identify various levels of engagement needed across the
community and the associated outreach strategies for each level. Stakeholder engagement strategy shall
include the following:
Project Team
The project team includes the core team of design consultants and primary client group representatives.
Engagement will be led by ARCHICTECT and City's PROGRAM MANAGER, and includes a minimum bi-
weekly 1 -hour call.
Public Design Charrettes
ARCHITECT shall conduct two (2) Community Outreach Meetings. Each will be structured to
communicate project specifics and gather appropriate community input, as directed by the CITY.
ARCHITECT shall attend, present, and request feedback during two (2) primary decision points with City
Council. One presentation shall be to review and obtain approval of Master Plan and Schematic Design.
The second presentation shall be to review and obtain approval of final design.
Boards & Commissions Focus Groups
ARCHITECT shall attend and present to each of the following, as identified on the design schedule
schedule:
• Cultural Arts Commission
• Library Board of Trustees
• Parks & Recreation Commission
• Bicycle and Pedestrian Advisory Commission
• Measure W Council Subcommittee
• Citizens Oversight Committee
• Design Review Board
2.0 PROJECT ADMINISTRATION SERVICES
2.1 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.
2.2 When PROJECT requirements have been identified to the satisfaction of the CITY, the
ARCHITECT shall prepare, and periodically update, its PROJECT Work Plan and
identify all major tasks required of the ARCHITECT, and the ARCHITECT's
subconsultants including milestone dates for decisions required of the CITY,
deliverables furnished by the ARCHITECT, completion of documentation provided by
the ARCHITECT. The ARCHITECT and CITY's Project Program Manager (hereinafter
PROGRAM MANAGER ") shall develop the PROJECT Work Plan jointly with the
ARCHITECT as lead consultant for scheduling work related to PROJECT design
services.
2.3 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
each PROJECT.
2.4 At completion of each design phase, the ARCHITECT shall make presentations to explain
the design of the PROJECT to representatives of the CITY, as reflected in ARCHITECT's
4 1 P a g e
schedule of performance.
2.5 The ARCHITECT shall submit design documents to the CITY as identified in this scope
of services 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.
2.6 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.
2.7 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. The Commissioning Agent shall assume responsibility for
developing and overseeing the Commissioning Plan.
2.8 The ARCHITECT shall assist the CITY is developing Owner's Project Requirements,
which will serve as a reference document for development of the project LEED rating or
other sustainability standard, as established and /or determined by CITY.
2.9 EVALUATION OF BUDGET AND COST OF THE WORK
2.9.1 During the formal design phases of the PROJECT, defined as, Schematic Design,
Design Development and Construction Document preparation, the
ARCHITECT shall prepare:
2.9.1.1 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.
2.9.1.2 Estimates of the Cost of the Work, and /or estimate updates, as
described in Section 4.0 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.
2.9.2 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
4.0 Design Services, to meet the fixed cost limit established by the Project Budget.
2.9.3 Evaluations of the CITY's budget for the PROJECT, the preliminary estimate of the
51 Page
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, or over competitive bidding, market conditions. Accordingly, the
ARCHITECT cannot and does not warrant or represent that bids 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.
2.9.4 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 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.
2.9.5 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.
3.0 EVALUATION AND PLANNING SERVICES
3.1 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 objectives and standards, sustainability goals, and performance standards.
3.2 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.
3.3 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, and review all data pertinent
to the Project including:
• Initial planning
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• Circulation
• Programming
• Surveys
• Site maps
• Geotechnical reports and recommendations
• Soil testing results
• Pertinent historical data
• Other relevant information provided by CITY.
3.4 ARCHITECT shall provide further evaluation and investigation required for development of
the Project, as follows:
Civil - Utility Research: contact the City and utility companies that serve the site or have
utilities within the adjacent streets; gather all available record drawings and /or block maps
to depict the record location of the utilities superimposed onto the existing topographic
survey; confirm any known deficiencies with the existing utilities serving the property and
identify any planned upgrades that could impact the development.
Civil - Existing Conditions Review: visit the site to review the existing site constraints and
conditions; note any potential challenges to development and confirm scope of survey
services to support the planning and permit processes.
Civil - Design -level survey services and base map preparation:
o Horizontal and Vertical Control: set permanent survey project control for the
duration of the project
o Boundary Analysis: to define the development parcel area
o Map Existing Easements
• Aerial Topographic Survey. set aerial targets which will be used for the aerial
surveyor /p h oto g ra m m etri c
• Supplemental Topographic Survey: to define proposed accessible path -of-
travel, and capture planimetric site features required for final design, including
but not limited to: street frontages, finish floor elevations of the existing
building, hardscape features, curb and gutter, existing trees, utilities at grade
such as manholes and electrical boxes.
o Lot Line Adjustment and Record of Survey.
• Library and Recreation Center.
• Fire Station 63.
Arborist report on trees on the subject property.
Acoustical - Research and report on exterior sources of noise affecting the subject property.
3.5 ARCHITECT shall provide the following services and anticipated deliverables for Program
Validation of Fire and Police facilities:
Fire Station
Space Needs Development:
Deliverables
• Prepare selected component diagrams to demonstrate space layouts
• Fire Station Space Needs Summary
• Site Space Needs Summary
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Meetings
• One (1) orientation conference and existing facility tour
• Half day -long programming exercise
Site Arrangement Diagrams:
Deliverables
• Two site arrangement diagrams with a final refined option
• Sustainable design checklist and goals
Mee_ tines
■ One meeting to present site arrangement diagrams with sustainable
checklist and site circulation options
Police Station
Program review and refinement:
Deliverables
• Meeting Minutes, Communication Protocol Confirmation, Tour Observations
• Updated Project Schedule
Meetings
• Kick -off meeting
• Police Station local tours (if appropriate)
Space needs and adjacency diagrams:
Deliverables
• Component diagrams to demonstrate space layouts
• Building Space Needs Summary and Adjacency Diagrams
• Site Space Needs Summary and Adjacency /Circulation Diagrams
• Conceptual Budget Confirmation
• Meeting notes
Meetings
Programming exercises to review surveys and gather data with User Groups
including: Office of the Chief of Police /Administration, Records, Property and
Evidence, Investigation, Patrol, SWAT, Neighborhood Response teams,
Community Services, K -9 and Task Force Work Groups, Temporary
Holding, Emergency Communications, IT, and HR.
Two additional meetings with each User Group to confirm space needs
outlines, site adjacency diagrams, building adjacency diagrams and
individual space components.
A final meeting to present draft final reports, review the order of magnitude
budget projections and discuss next steps for the Project Development.
4.0 DESIGN SERVICES
4.1 The ARCHITECT's design services shall include:
• Civil Engineering
• Structural Engineering
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• Mechanical Engineering
• Electrical Engineering
• Plumbing Engineering
• Landscape Architecture
• Lighting Design
• Information Technology
• Acoustical
• Sustainability
• Transportation/ Circulation
• Parking
• Signage/ Graphics/ Branding
• Elevator
• Cost Estimating
4.2 CONCEPT DESIGN
4.2.1 Upon written authorization from the CITY, the ARCHITECT shall provide all
services necessary for the preparation of Concept Design Documents based on
the CITY's program, schedule, LEED rating or other sustainability standard, as
established and /or determined by CITY., and budget for the Cost of the Work
(hereinafter "CONCEPT DESIGN DOCUMENTS "). The documents shall
establish the conceptual design of the PROJECT illustrating the scale and
relationship of the PROJECT components including but not limited to:
• Conceptual Building Design
• Program Reconciliation
• Design Narrative
• Master Site Plan
• Circulation Plan
• Parking Layout Option(s)
• Master Grading Plan
• Master Utility Plan
• One Concept Environmental Design report for the campus
• Initial LEED Checklist, Registration of the project with USGBC.
• Master plan level cost plan and preliminary cost models for each project
element
4.2.2 Other tasks included within this phase:
Community engagement
• Establish metrics and performance targets for sustainability benchmarking for
each building, including energy use, carbon emissions, water conservation,
and/or other project - relevant topics.
• Analyze climate data including temperature, humidity, insolation, and other
critical factors.
• Assess project site for sustainability constraints and opportunities.
Contribute strategies for space planning, programming, and building
configuration that optimize daylight, energy use, thermal comfort, and
sustainable site design for each building.
• Up to 3 Design Charrettes (half day)
• Up to 3 Department level meetings as necessary to refine the design (1 -2
hours each).
• 1 meeting to review the final cost model, narratives and the final design report
(1 -2 hours)
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• 1 update meeting with the Working Group and Council Sub - committee (1 -2
hours)
• 1 Sustainability charrette (half day)
4.3 SCHEMATIC DESIGN DOCUMENTS
4.3.1 Upon written authorization from the CITY, and approval of Concept Design,
the ARCHITECT shall provide all services necessary for the preparation of
Schematic Design Documents based on the CITY's program, schedule,
achieving LEED rating or other sustainability standard, as established and/or
determined by CITY., and budget for the Cost of the Work (hereinafter
"SCHEMATIC DESIGN DOCUMENTS "). The documents shall establish the
schematic design of the PROJECT illustrating the scale and relationship of the
PROJECT components.
The SCHEMATIC DESIGN DOCUMENTS shall include:
4.3.3 At the completion of 50% SCHEMATIC DESIGN DOCUMENTS, the ARCHITECT
shall furnish four (4) sets of the following deliverables to the CITY-
• Civil Existing Conditions Plan
• Preliminary Site Demolition Plan
• Preliminary Grading and Drainage Plan
• Preliminary Utility Plan
• Preliminary Stormwater Control Plan / preliminary calcs
• Preliminary code analysis
• Preliminary Site plan
• Preliminary Landscape plan
• Schematic Floor plans
• Site and building sections including context
• Schematic Building Elevations including context
• Colored plan diagrams showing programmed uses and circulation
• Three - dimensional schematic design studies
• Preliminary selections of major building systems and construction materials
shall be described in a narrative outline specification.
• Structural plans including:
• Extent, size and location of new shear walls, braced frames, moment
frames, etc.
• Coordination of floor and roof framing systems.
• Foundation systems.
• Narrative
• Preliminary structural analysis of the buildings for verification of the design
of the gravity and lateral systems.
• M /E /P preliminary plans incorporating the following:
• Systems Description and Basis of Design Report
• Riser diagrams and selected floor plans showing the major equipment
layout.
• Preliminary Title 24 Compliance Summary
4.3.4 At the completion of 100% SCHEMATIC DESIGN DOCUMENTS, the ARCHITECT
shall furnish four (4) sets of the following deliverables to the CITY:
• Civil Existing Conditions Plan
• Preliminary Site Demolition Plan
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• Preliminary Grading and Drainage Plan
• Preliminary Utility Plan
• Preliminary Stormwater Control Plan / preliminary calcs
• Preliminary code analysis
• Site plan
• Landscape plan
• Floor plans
• Site and building sections including context
• Building Elevations including context
• Colored plan diagrams showing programmed uses and circulation
• Three - dimensional design studies
• Signage/ graphics concepts
• Schematic Environmental Design memo on Campus sustainability
approach
• Preliminary selections of major building systems and construction materials
shall be described in a narrative outline specification.
• Structural plans including:
• Extent, size and location of new shear walls, braced frames,
moment frames, etc.
• Coordination of floor and roof framing systems.
• Foundation systems.
• Narrative
• Preliminary structural analysis of the buildings for verification of the design
of the gravity and lateral systems.
• M /E /P preliminary plans incorporating the following:
• MEP Space Requirement Report
• Updated Systems Description and Basis of Design Report
• Preliminary Title 24 Compliance Report
• Updated Schematic Design riser diagrams and selected floor plans
showing the major equipment layout.
b. Outline Specifications
c. Reconciled 100% Schematic Design Phase estimate of the Cost of the
Work as described in Section 2.9.1.
d. A room schedule summary that meets the Program requirements.
e. LEED Credit Summary form.
4.3.5 During Task 4.3, the ARCHITECT shall conduct up to 4 public design charrettes,
up to 4 pop -up workshops, 2 meetings with each of 5 CITY commissions, 2
meetings focused on exterior maintenance, up to 3 meetings with the
design team and authorities having jurisdiction to review fire
protection and building code compliance issues, up to 2 meetings
focused on Food Service, and 2 meetings focused on sustainability
4.4 DESIGN DEVELOPMENT DOCUMENTS
4.4.1 Upon written authorization from the CITY, the ARCHITECT shall provide all
services necessary for the preparation of Design Development Documents based
upon CITY's Program, LEED Rating or Sustainability Goals, as determined by the
City, Project Schedule, and Project Budget (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
_ _ ........
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achievement.
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.
4.4.2 The ARCHITECT shall prepare plans and specifications for:
• Civil
• Structural
• Mechanical
• Plumbing
Electrical
• Fire protection
• Acoustical
• Lighting
• Security
• Data/telecom
• Signage/ Graphics
• Elevator
• LEED Rating and/or Sustainability Goals, as determined by the City, 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.
4.4.3 The ARCHITECT shall prepare sample boards of all visible exterior materials,
including hardscape and interior finishes.
4.4.4 The ARCHITECT shall prepare and organize in 8 %" 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.
4.4.5 At the completion of 50% DESIGN DEVELOPMENT DOCUMENTS, 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.
At the completion of 50% DESIGN DEVELOPMENT, 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
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including Life Cycle Cost Analysis as described in Section 2.9.1
A room schedule confirming substantial conformance to the previously
approved Program
d. Updated LEED Credit Summary Form and /or Sustainability Report
4.4.6 At the completion of 100% DESIGN DEVELOPMENT, 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
100% Design Development Phase estimate of the Cost of the Work
reconciled to meet the Project Budget as described in Section 2.9.1
including Life Cycle cost Analysis
C. Sample boards (up to 2 sets)
Binders with cut sheets
e. A room schedule confirming substantial conformance to the previously
approved Program
Updated LEED Credit Summary Form or Sustainability Report, if directed
by City and performed as an additional service
4.4.7 As part of Task 4.4, the ARCHITECT shall conduct up to 2 design meetings
focused on waterproofing, up to 3 meetings with City to review fire and life safety
issues associated with the new building or associated site, 1 meeting to review
wind testing model, up to 2 focused meetings on Food Service, and up to 2
meetings focused on sustainability.
4.5 CONSTRUCTION DOCUMENTS
4.5.1 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, as determined by
the City, 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 ").
4.5.2 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.
4.5.3 The ARCHITECT shall prepare Estimates of the Cost of the Work at 50%
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5.1 The CITY has retained a PROGRAM MANAGER to assist the CITY in the procurement of
PROJECT construction services. 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.
5.2 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.
5.3 The CITY will coordinate the reproduction and distribution of the Bid Documents, including
the CONSTRUCTION DOCUMENTS.
5.4 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.
5.5 The ARCHITECT shall participate with the PROGRAM MANAGER and CITY in pre -bid
conferences with prospective bidders in South San Francisco.
5.6 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,
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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 2.9.1.
4.5.4
At an appropriate stage of completion of the CONSTRUCTION DOCUMENTS, the
ARCHITECT shall provide to CITY structural and energy calculations.
4.5.5
During the development of the CONSTRUCTION DOCUMENTS, the ARCHITECT
shall assist the CITY and PROGRAM MANAGER in the preparation of bidding and
procurement documents.
4.5.6
The ARCHITECT shall be responsible for developing, coordinating and producing
the CONSTRUCTION DOCUMENTS, which includes portions of Division One
and Divisions Two through Sixteen of the CONTRACTOR(S) Contract
Documents.
4.5.7
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.
4.5.8
At each of the completion milestones described in Section 4.4.2 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.
4.5.9
During Task 4.5, the ARCHITECT shall conduct up to 3 meetings in South San
Francisco, and 1 presentation to CITY staff.
5.0 CONSTRUCTION PROCUREMENT SERVICES
5.1 The CITY has retained a PROGRAM MANAGER to assist the CITY in the procurement of
PROJECT construction services. 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.
5.2 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.
5.3 The CITY will coordinate the reproduction and distribution of the Bid Documents, including
the CONSTRUCTION DOCUMENTS.
5.4 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.
5.5 The ARCHITECT shall participate with the PROGRAM MANAGER and CITY in pre -bid
conferences with prospective bidders in South San Francisco.
5.6 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,
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which incorporates the Addenda issued during the bid period, if directed by PROGRAM
MANAGER.
5.7 The ARCHITECT shall furnish four (4) sets of the Conformed CONSTRUCTION
DOCUMENTS to the CITY.
5.8 The CITY coordinate the reproduction and distribution of the Conformed CONSTRUCTION
DOCUMENTS.
6.0 CONTRACT ADMINISTRATION SERVICES
6.1 GENERAL ADMINISTRATION
6.1.1 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.
6.1.2 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.
6.1.3 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
6 shall not be restricted, modified or extended without written agreement of the
CITY and ARCHITECT.
6.1.4 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.
6.1.5 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 60 days after the Substantial Completion
date.
6.1.6 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.
6.1.7 The ARCHITECT shall review and respond to timely requests from the
CONTRACTOR(S) through the PROGRAM MANAGER for additional information
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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 6.1.1.
6.1.8 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).
6.1.9 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.
6.1.10 The ARCHITECT shall assist the PROGRAM MANAGER in rendering initial
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.
6.2 EVALUATIONS OF THE WORK
6.2.1 The ARCHITECT shall at all times have access to the Work wherever it is in
preparation or progress.
6.2.2 The ARCHITECT shall visit the site at intervals appropriate to the stage of
construction, approximately once every two weeks 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.
6.2.3 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.
6.2.4 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
_._
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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.
6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR(S)
6.3.1 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.
6.3.2 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.
6.3.3 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.
6.4 SUBMITTALS
6.4.1 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 fourteen (14) days, unless additional
time is prior requested by ARCHITECT and approved by PROGRAM MANAGER.
Review of such submittals is not conducted for the purpose of determining
the accuracy and completeness of other details such as dimensions and
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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.
6.4.2 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.
6.4.3 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.
6.5 CHANGES IN THE WORK
6.5.1 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.
6.5.2 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.
6.5.3 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.
ARCHITECT shall be entitled to additional service for such efforts.
6.5.4 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.
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6.5.5 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.
6.5.6 The ARCHITECT shall maintain records relative to all changes in the Work that
effect the CITY approved CONSTRUCTION DOCUMENTS.
6.6 PROJECT COMPLETION /CLOSEOUT
6.6.1 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.
6.6.2 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.
6.6.3 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.
191 Page
FXNIRIT "R"
SCHEDULE OF PERFORMANCE
The Scope of work is comprised of multiple elements. The schedule of performance for the Scope
of Work are as follows:
LIBRARY /REC CENTER, POLICE, AND FIRE FACILITIES — DESIGN
Elements
Validation and Conceptual
Design:
Contingency Period (If
requested by City):
Schematic Design:
Contingency Period (If
requested by City):
Design Development:
Construction Documents
(includes GC pre - qual):
Schedule /Duration
February 1— May 31,
2018 (4 months)
June 1 —June 30, 2018 (1
month)
July 1— October 31, 2018
(4 months)
November 1— November
30, 2018 (1 month)
December 1, 2018 — April
15, 2019 (4.5 months)
April 16, 2019 — October
1 15, 2019 (6 months)
LIBRARY /REC CENTER, POLICE AND FIRE FACILITIES — CONSTRUCTION &
CONSTRUCTION ADMIN
Bid Period:
Construction Administration:
3 months
32- 34 months
Close -out & Commissioning:
2 months
All services related to construction and construction administration shall complete on or before
December 31, 2022.
EXHIBIT "C"
COMPENSATION
1
Multi -modal Campus Planning and Landscape
a
Validation and Concept Design
18.00%
$ 322,560
b
Schematic Design
20.00%
$ 358,400
c
Design Developement
23.00%
$ 412,160
d
Construction Documents
24.00%
$ 430,080
e
Bid and Negotiation
0.50%
$ 8,960
f
Construction Administartion
14.00%
$ 250,880
g
Commissioning and Close -out
0.50%
Q $ 8,960
i
Total Fee for Multi -modal Campus Planning and Landscape
$ 1,792,000
2
Library, Recreation Sevices and Garage
a
Validation and Concept Design
11.50%
$ 904,820
b
Schematic Design
16.25%
$ 1,278,550
c
Design Developement
22.00%
$ 1,730,960
d
Construction Documents
28.75%
$ 2,262,050
e
Bid and Negotiation
1.00%
$ 78,680
f
Construction Administartion
19.50%
$ 1,534,260
g
Commissioning and Close -out
1.00%
$ 78,680
Total Fee for Library, Recreation Services and Garage
$ 7,868,000
3
Police Station
a
Validation and Concept Design
10.50%
$ 587,685
b I
Schematic Design
16.00%
$ 895,520
c
Design Developement
23.00%
$ 1,287,310
d
Construction Documents
28.25%
$ 1,581,153
e
Bid and Negotiation
1.00%
$ 55,970
f
Construction Administartion
20.25%
$ 1,133,393
g
Commissioning and Close -out
1.00%
$ 55,970
Total Fee for Police Station
$ 5,597,000
4
Fire Department
Validation and Concept Design
Schematic Design
Design Developement
11.50%
16.25%
21.75%
10,0008f
$ 257,715
$ 364,163
$ 487,418
a
b
c
d
Construction Documents
27.50%
$ 616,275
e
Bid and Negotiation
1.00%
$ 22,410
f
Construction Administartion
21.00%
$ 470,510
g
Commissioning and Close -out
1.00%
$ 22,410
"
Total Fee for Fire Department
$ 2,241,000
5
Stakeholder and Community Outreach
a
Validation and Concept Design
50.00%
$ 117,500
b
Schematic Design
40.00%
$ 94,000
C
Design Developement
10.00%
$ 23,500
Total Fee for Fire Department
$ 235,000
6
Other Subject Matter Experts (Food, Wind, Bird and Interactive)
a
Validation and Concept Design
18.62%
$ 70,000
b
Schematic Design
Design Developement
22.61%
36.17%
$ 85,000
$ 136,000
c
d
Construction Documents
14.63%
$ 55,000
e
Bid and Negotiation
1.33%
$ 5,000
f
Construction Administartion
6.65%
$ 25,000
g
Commissioning and Close -out
0.00%
$ -
Total Fee for Fire Department
$ 376,000
Total Compensation for Basic Services $ 18,109,000
Reimbursable invoiced per section 2 of Agreement $ 535,000
EXHIBIT'b"
HOURLY RATE SCHEDULE
The Consultant shall bill the City for additional work according to the rate schedule outlined below,
which includes position titles, hourly rates that are needed to complete additional scopes of work, as
may be directed by the City and which are not included in the Basic Scope of Service outlined in EXHIBIT
A.
Shah Kawasaki Architects
Principal $ � �5
M
SmithGroupJJR
Principal -in- Charge:
Juhee Cho
$300
Lead Designer:
Mark Roddy
$300
Urban Planner:
Michael Johnson
$280
Project Manager:
Todd Kohli
$280
Project Manager:
Don Jerabek
$ego
Interior Designer:
Sunhwa Son
$175
Project Architect:
Ken Litwin
$ � �5
Staff Architect:
Architect V
$ � �5
$ego
Architect IV
$ � �5
Architect III
$175
Architect II
$130
Architect I
$1O5
BIM Technologist
$260
Specification Writer
$215
Visualization Specialist
$160
Technical Administrative
$250
Construction Coordinator
$ � �5
Clerical /Administrative
$95
Intern
$75
Shah Kawasaki Architects
Principal $ � �5
M
Brinkley Sargent Wiginton
Principal -in- Charge:
Hal Sargent
$270
Construction
Administration
Gary Beeman
$X70
Principal:
Greg Reed
$210
Project Architect:
Rebecca Atchison
$160
Senior
Programmer:
Gina Irwin
$135
Staff Architect:
$ � �5
Project Support:
$90
Shah Kawasaki Architects
Principal $ � �5
M
Architect III
$i85
Architect II
$1S5
Architect 1
$130
Design Staff III
$155
Design Staff II
$135
Design Staff 1
$120
Emerging professional III
$110
Emerging professional II
$100
Emerging professional I
$go
Admin Staff
$loo
Carol Simmons
Library Consultant $150
Forell & Elsesser
Principal $200
Senior Engineer $ 155 - $ 18o
Engineer $ 140 - $ 145
Designer $ 125 - $ 135
CADD /Revit Specialist $ 110 - $ 125
Senior Project Administration $ � �5
Project Administration $75
Meyers+
Principal
$285
Associate Principal
$22S
Senior Associate
$200
Associate Principal
$175
Senior Engineer
$i65
Engineer
$1So
Design Engineer
$ � �5
Designer
$9S
BIM Manager
$ � �5
Administration
$75
19
Engineering
$ 230-$ 250
Senior Associate
$2o6
Associate
$200
Project Manager
$X96
Engineer IV
$176
215
Engineer 1, II, III $ 124 - $ 142- $ 162
Engineering Assistant $77
Junior Engineer $65
Planning
Planner 1, II, III $ 124 - $ 142- $ 162 - $ 176
Surveying
Senior Associate
$2o6
Associate
$zoo
Project Manager
$ Igo - $ 196
Surveyor I, II, III, IV
$ 124 - $ 142- $ 162 - $ 176
Survey Party Chief
$164
Survey Chainman
$1o6
Apprentice I, II, III, IV
$ 65 - $ 87- $ 96 - $ 102
Instrument man
$141
Surveying Assistant
$77
Junior Surveyor
$65
Utility Locator I, II, III
$ 85 - $ 120- $ 145
BIM Specialist I, II, III
$ 124 - $ 142- $ 162
Design and Drafting
Technician I, II, III $ 119 - $ 127- $ 139 - $ 150
Drafter I, II, III, IV $ 93 - $ 103- $ 111 - $ 123
Construction
Administration
Senior Construction Administrator $i85
Resident Engineer $137
Field Engineer I, II, III 1 $ 124 - $ 142- $ 162
Watry
Principal
$300
Associate Principal
$300
Senior Project Manager
$275
Project Manager
$275
Senior Project Engineer
$215
Project Engineer
$215
Assistant Project Engineer
$170
Senior Project Architect
$Igo
Project Architect
s18o
M
Assistant Project Architect
$170
Senior Job Captain
s18o
Job Captain
$170
Senior Designer
$16o
Staff Designer
$150
Project Administrator
$125
Directional Logic
Directors $ 235-$ 275
Project Managers $ 200-$ 225
Senior Cost Planners $ 170-$ 195
Cost Planners $ 130 - $ 165
EWCG
Principal $250
Sherrill Engineering
Principal
$220
Senior Engineer
$195
Project Engineer
$175
Test Engineer
$i65
Project Manager
$155
Senior Technician
$140
Engineering Technician
$125
Engineer in training
$95
Engineering Assistant
$85
Sherrill Engineering
Principal Consultant /Engineer IR
$185
Senior Engineer /Project Engineer
s16o
Project Designer
$145
Staff Engineer
$130
Technicians /Drafting
$75
Administrative
$50
McGinnis Chen
Senior Principals $300
Principals $250
Senior Associates $ � �5
Associates /BIM Director $200
Senior Architects /Engineers /Project Managers $Igo
Architects /Engineers /Project Managers
$175
Senior Building Technologies
$16o
Building Technologies
$15o
Project Administrators
$135
Senior Technical Staff
$135
Technical Staff
$120
HortScience
Principal
$i85
Consultant
$16o
Environmental Analyst
$140
Arborist
$120
GIS /CAD Specialist
$120
Clerk
$6o
ME
E)(hibi'7L .!V
TAXABLE YEAR ■ CALIFORNIA FORM
2017 Withholding Exemption Certificate 590
The payee completes this form and submits it to the withholding agent. The withholding agent keeps this form with their records.
Withholding Agent Information
Name
SmithGroupJJR , INC
Payee Information
Name ❑ SSN or ITIN i1 FEIN ❑ CA Corp no. ❑ CA SOS file no.
301 Battery St 3 8 1 0 4 5 8 4 0
Address (apt. /ste., room, PO box, or PMB no.)
7th Floor
City (If you have a foreign address, see instructions.) State ZIP code
San Francisco CAI 9 4 1 1 1
Exemption Reason -
Check only one box.
By checking the appropriate box below, the payee certifies the reason for the exemption from the California income tax withholding
requirements on payment(s) made to the entity or individual.
❑ Individuals — Certification of Residency:
I am a resident of California and I reside at the address shown above. If I become a nonresident at any time, I will promptly
notify the withholding agent. See instructions for General Information D, Definitions.
® Corporations:
The corporation has a permanent place of business in California at the address shown above or is qualified through the
California Secretary of State (SOS) to do business in California. The corporation will file a California tax return. If this
corporation ceases to have a permanent place of business in California or ceases to do any of the above, I will promptly notify
the withholding agent. See instructions for General Information D, Definitions.
❑ Partnerships or Limited Liability Companies (LLCs):
The partnership or LLC has a permanent place of business in California at the address shown above or is registered with the
California SOS, and is subject to the laws of California. The partnership or LLC will file a California tax return. If the partnership
or LLC ceases to do any of the above, I will promptly inform the withholding agent. For withholding purposes, a limited liability
partnership (LLP) is treated like any other partnership.
❑ Tax - Exempt Entities:
The entity is exempt from tax under California Revenue and Taxation Code (R &TC) Section 23701 (insert letter) or
Internal Revenue Code Section 501(c) (insert number). If this entity ceases to be exempt from tax, I will promptly notify
the withholding agent. Individuals cannot be tax - exempt entities.
❑ Insurance Companies, Individual Retirement Arrangements (IRAs), or Qualified Pension/Profit- Sharing Plans:
The entity is an insurance company, IRA, or a federally qualified pension or profit- sharing plan.
❑ California Trusts:
At least one trustee and one noncontingent beneficiary of the above -named trust is a California resident. The trust will file a
California fiduciary tax return. If the trustee or noncontingent beneficiary becomes a nonresident at any time, I will promptly
notify the withholding agent.
❑ Estates — Certification of Residency of Deceased Person:
I am the executor of the above -named person's estate or trust. The decedent was a California resident at the time of death.
The estate will file a California fiduciary tax return.
❑ Nonmilitary Spouse of a Military Servicemember:
I am a nonmilitary spouse of a military servicemember and I meet the Military Spouse Residency Relief Act (MSRRA)
requirements. See instructions for General Information E, MSRRA.
CERTIFICATE OF PAYEE: Payee must complete and sign below.
To learn about your privacy rights, how we may use your information, and the consequences for not providing the requested information,
go to ftb.ca.gov and search for privacy notice. To request this notice by mail, call 800.852.5711.
Under penalties of perjury, I declare that I have examined the information on this form, including accompanying schedules and
statements, and to the best of my knowledge and belief, it is true, correct, and complete. I further declare under penalties of perjury that
if the facts upon which this form are based change, I will promptly notify the withholding agent.
Type or print payee's name and title Bryon Lewinski, Controller 313 4428385
_ Telephone ( )
t Digitally "goad by Bryon Lewinski
� I °yon Lewinski DN: d—, d— ithgsoup, DT, ou-Users —Bryon Le Imki,
Payee's signature ma iF— Bryon.lewinski @smhhgmupj,.mm Date
—1
7061173 �� Form 590 C2 2016