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HomeMy WebLinkAboutScope of WorkPROFESSIONAL SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL A1.01 Architectural Design Services shall include, but are not limited to, complete planning and design services, programming, surveying, geotechnical, feasibility studies, options evaluations, public meetings, irrigation, lighting, electrical, landscaping, parking analysis, detailed facility assessments, cost estimates, opinions of probable construction cost, preparation of bid and construction documents, review of work prepared by Sub -consultants and other consultants, field investigations and observations, construction contract administration, as -built documentation and other related architectural and engineering services as needed to complete the Projects. Consultant shall provide comprehensive professional Architectural and Engineering services for the Project for which Consultant was selected in accordance with Section 287.055 Florida Statutes, as amended, Consultants' Competitive Negotiations Act (CCNA). WORK ORDERS A1.01-1 Selection for Work Order Assignment Selection of CONSULTANT for individual Work assignments will be made as follows: • DIRECTOR or designee will identify consultants currently under contract for a particular assignment based on their qualifications and experience relative to the subject Work assignment, and may consider other factors such as current and/or previous City Work Order assignments ■ Should negotiations fail, the DIRECTOR will request a Work Order Proposal from another firm, until an agreement can be reached Following successful negotiations, the DIRECTOR will issue a WORK ORDER and a purchase order to CONSULTANT for the Work A1.01-2 Procedure When a specific project has been determined, the Director or his/her authorized designee, will request, in writing where practicable, a proposal from the CONSULTANT based on the proposed scope of work. The CONSULTANT and Director, and others if appropriate, may have preliminary meetings, if warranted, to further define the Scope Of Work and to resolve any questions regarding the proposed Project. The CONSULTANT shall then prepare a written "Work Order Proposal' for the required Professional Services generally following the guidelines attached hereto as Schedule A2, indicating the proposed scope of services, time of performance, proposed fees, SUB-CONSULTANTs, deliverable items and/or documents, and funding and/or estimated construction cost, if provided by CITY. Any matters of concem regarding the CONSULTANTS proposal shall be negotiated until concurrence as to a Work Order is reached. If accord cannot be reached, the CITY may terminate negotiations and may request a Work Order Proposal from another qualified CONSULTANT under contract with CITY, or secure such services through other means available to it under law. When consensus is reached, the CONSULTANT shall prepare a revised and final Work Order Proposal which will be attached and incorporated to the WORK ORDER authorized by the DIRECTOR. The WORK ORDER shall first be executed by the CONSULTANT as "Accepted and Approved." The Work Order is then approved by the City Manager, DIRECTOR and/or other duly authorized representative(s) of CITY by the City Manager. When the WORK ORDER is fully executed, written "Notice to Proceed' will be issued by the DIRECTOR and/or his/her designated designee. A1.02 SCOPE OF SERVICES The CONSULTANT agrees to provide comprehensive professional services in accordance with all applicable law and building regulations, including the Florida Building Code and the City of Miami, Florida, Code of Ordinances, and as set forth in this Agreement and further enumerated in a Work Order. CONSULTANT may be required to perform all or some of the services presented in this Agreement, depending on the needs of the CITY for a particular Project. Consultant shall fumish, as Basic Services, comprehensive professional services for the Projects including, but not limited to complete planning and design services, programming, surveying, geotechnical, feasibility studies, options evaluations, public meetings, irrigation, lighting, electrical, landscaping, parking analysis, detailed facility assessments, cost estimates, opinions of probable construction cost, preparation of bid and construction documents, review of work prepared by Sub -consultants and other consultants, field investigations and observations, construction contract administration, and as -built documentation. Page A-15 PROFESSIONAL SERVICES AGREEMENT Professional services will be limited to providing architectural and engineering services for the design of various recreational facilities as further described in Attachment A1. A1.03 NON EXCLUSIVE RIGHT It is understood that the Work Order and Notice to Proceed will be issued under this Agreement at the sole discretion of the City Manager or Director and that the CONSULTANT has no expectation, entitlement, right to or privilege to receive a Work Order and Notice to Proceed for any project or task. The CITY reserves at all times the right to perform any and all Professional Services in-house, or with other private professional architects or engineers as provided by Section 287.055, Florida Statutes, as amended, (Consultants' Competitive Negotiation Act) or to discontinue or withdraw any or all projects or tasks or to exercise every other choice allowed by law. This Agreement does not confer on the CONSULTANT any particular, exclusive or special rights to any Work required by the CITY. Outside of this Agreement, the CONSULTANT may submit proposals and/or qualifications for any professional services which the CONSULTANT is qualified to perform in response to any public solicitation issued by CITY. A1.04 PAYMENTS The CITY will pay the CONSULTANT a separate stipulated amount for each Work Order issued, in accordance with provisions and limitations of Attachment B. No payment will be made for the CONSULTANT's time or services in connection with the preparation of any such proposal or for any Work done in the absence of an executed Work Order, Notice to Proceed and Purchase Order. ARTICLE A2 ARCHITECTURAL DESIGN SERVICES WORK in this category may include any or all of the services described below. ARTICLE A2.01 BASIC SERVICES Consultant agrees to provide complete professional architectural and/or engineering services as set forth in the tasks enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county and City of Miami, Florida, Codes and Ordinances; including all civil engineering, structural engineering, architectural, mechanical/plumbing engineering, electrical engineering and landscape design services normally required for a project of an architectural nature. Consultant shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in the Agreement. Consultant shall submit one (1) electronic set of all documents and seven (7) copies of documents required under Article A2, without additional charge, for review and approval by City. Consultant shall not proceed with the next task of the Work until the documents have been approved, in writing, by City, and an Authorization to Proceed with the next task has been issued by City. These services, hereinafter referred to as "Basic Services" are summarized as a task list in Attachment A2. A2.01 DEVELOPMENT OF OBJECTIVES A2.01.1 Consultant shall confer with representatives of City, the Project Manager, and other jurisdictional agencies to develop several options for how the various elements of the project will be designed and constructed. A2.01-2 Consultant shalt, utilizing a compilation of available documentation, confer with representatives of City, the Project Manager, and other jurisdictional agencies in order to comprehensively identify aspects of the completed facility program that may require further refinement to attain the requisite detail of design development required to begin the creation of Construction Documents. For clarity of scope, the items that need further development will be called Conceptuals and the remaining items will be called Designs. A2.01-3 Consultant shall prepare written descriptions of the various options and shall participate in presentations to multiple groups explaining alternative options. Sufficient detail shall be provided to support the presentation materials. A2.01-4 Page A-16 PROFESSIONAL SERVICES AGREEMENT Consultant shall hire a surveyor to provide a certified survey of the sites. Such survey shall include the location of all site structures including all utility structures and facilities. Consultant shall also engage a soil testing firm to perform soil borings and other tests required for new construction work. The extent to which this work will be needed shall be based on the surveying and soil borings performed previously by the City. Cost of the surveyor and soil engineering firm shall be billed as reimbursable expenses. A2.02 SCHEMATIC DESIGN A2.02-1 Design Concept and Schematics Report Consultant shall prepare and present, in writing and at an oral presentation if requested, for approval by City, a Design Concept and Schematics 'Report, comprising Schematic Design Studies, including an identification of any special requirement affecting the Project, a Statement of Probable Construction Cost, Project Development Schedule and review of Constructability Review reports. 1. Schematic Design Studies consist of site plan(s), floor plans (where applicable), elevations, sections, and all other elements required by City or Project Manager to show the scale and relationship of the components and design concepts of the whole. The floor plans may be single -line diagrams. A simple perspective rendering or sketch, model or photograph thereof may be provided to further show the design concept. 2. A Statement of. Probable Construction Cost, prepared in Construction Standard Index (CSI) format, to include a summary of the estimated project cost and an evaluation of funding allocation. Such summary shall be in sufficient detail to identify the costs of each element and include a breakdown of the fees, general conditions and construction contingency. Such evaluation shall comprise a brief description of the basis for estimated costs per each element and similar project unit costs. Costs shall be adjusted to the projected bid date. Recommendations for reducing the scope of the Project in order to bring the estimated costs within allocated funds, in the event that the statement of Probable Construction Costs exceeds allocated funds, Consultant shall update its documentation, at no additional cost to the City, to reflect this reduced scope. Any "Statement of Probable Construction Costs" prepared by Consultant represents a reasonable estimate of cost in Consultant's best judgment as a professional familiar with the local construction industry. 3. The Project Development Schedule shall show the proposed completion date of each task of the Project through design, bidding, and post design services. 4. Constructability Review reports shall be conducted by the City and/or its consultants at design stages deemed necessary by the Project Manager. Consultant shall provide five additional deliverable plan sets for distribution, by City, to others for this purpose. There shall be an established deadline for review report submission back to City. Consultant shall provide written responses to all comments within two weeks and shall maintain files of all related review reports and response reports. If necessary, City may coordinate Constructability Review meetings with some or all of the reviewers with Consultant present to discuss specific issues. In addition to the Constructability Review process mentioned above, City reserves the right to conduct a Peer Review of the project documents at any design stage. Cost of such a Peer Review would be bome by City. Any findings as a result of said Peer Review would be addressed by Consultant, and if requested by City, would be incorporated into the design documents, at no additional cost to City and no extension of time to the schedule. A2.03 DESIGN DEVELOPMENT From the approved Schematic Design documents, Consultant shall prepare and present in writing, and at oral presentations, if requested, for approval by City, separate Design Development Documents, updated Project Development Schedules, updated Statements of Probable Construction Costs and a review of Constructability Review reports. 1. The Design Development Documents shall consist of drawings (site plans, floor plans, elevations, sections), outline specifications, and other documents. 2. Design Development consists of continued development and expansion of architectural and/or civil Schematic Design Documents to establish the final scope, relationships, forms, size, and appearance of each element through: 2.1 Plan sections and elevations Page A-17 PROFESSIONAL SERVICES AGREEMENT 2.2 Typical construction details 2.3 Final materials selection 2.4 Construction phasing plan 3. The updated Development Schedules shall show the proposed completion dates of each milestone of each Project through design, bidding, construction and proposed date of occupancy. Consultant will also detail all long iead procurement items and architecturally significant equipment that will need to be purchased prior to the completion of Construction Documents. 4. Provide updated Statements of Probable Construction Cost. If either statement of Probable Construction Cost exceeds allocated funds, Consultant shall prepare recommendations for reducing the scope of that particular Project in order to bring the estimated costs within allocated funds. Consultant shall update its documentation, at no additional cost to the City, to reflect this reduced scope. 5. Constructability Review reports. A2.04 CONSTRUCTION DOCUMENTS From the approved Design Development Documents, Consultant shall prepare for written approval by City, Final. Construction Documents setting forth all design drawings and specifications needed to comprise a fully biddable, permittable, constructible Project. Consultant shall produce 30%, 60%, 90% and Final Construction Documents for review and approval by City, which shall include the following: 1. A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not included in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an index of all anticipated drawing sheets necessary to fully define the Project. 2. The updated Project Development Schedule to include an outline of major construction milestone activities and the recommended construction duration period in calendar days. 3. An updated Statement of Probable Construction Cost in CSI format. 4. Consultant may also be authorized to include in the Construction Documents approved additive and/or deductive alternate bid items, to permit City to award a Construction Contract within the limit of the budgeted amount. 5. A Project Specifications index and Project Manual with at least 30%, 60%, 90% and Final of the Specifications completed. Documents submittal shall also include all sections of Divisions "0" and "1". 6. Consultant shall include, and will be paid for, City -requested alternates outside of the established Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in connection with alternates required by the failure of Consultant to design the Project within the Fixed Limit of Construction Cost. 7. Consultant shall not proceed with further construction document development until approval of the 30% documents is received in writing from City. Approval by City shall be for progress only and does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to other covenants contained in this Agreement. Consultant shall resolve all questions indicated on the documents and make all changes to the documents necessary in response to the review commentary. The 30% Documents review (check) set shall be returned to City upon submission of 60% complete Construction Documents and Consultant shall provide an appropriate response to all review comments noted on these previously submitted documents. A2.04-1 Maximum Cost Limit Prior to authorizing the Consultant to proceed with preparation of Construction Document Development, the City may establish and communicate to the Consultant a maximum sum for the cost of construction of the Project ("Maximum Cost Limit"). If the City has not advertised for bids within ninety (90) days after the Consultant submits the Final Design to the City, the estimate of the cost of construction shall be adjusted by Consultant. Notwithstanding anything above to the contrary, the City may require the Consultant to revise and modify Construction Documents and assist in the re -bidding of the Work at no additional cost or fee to the City if all responsive and responsible bids received exceed the Maximum Cost Limit. Page A-18 PROFESSIONAL SERVICES AGREEMENT A2.04-2 Dry Run Permitting The Consultant shall file and follow-up for budding permits at the earliest practicable time during the performance of the Work, the necessary portions of the Contract Documents for approval by City, County, State and/or Federal authorities having jurisdiction over the Project by law or contract with the City, and shall assist in obtaining any such applicable certifications of permit approval by such authorities prior to approval by the Department of the 100% complete Review Set and printing of the Contract Documents. The Consultant shall promptly, at any time during the performance of the Work hereunder, advise the City of any substantial increases in costs set forth in the Statement of Probable Construction Cost that in the opinion of the Consultant is caused by the requirement(s) of such A2.05 BIDDING AND AWARD OF CONTRACT A2.05-1 Bid Documents Approvals and Printing Upon obtaining all necessary approvals of the Construction Documents, from authorities having jurisdiction, acceptance by the City of the 100% Construction Documents and latest Statement of Probable Construction Cost, the Consultant shall assist the City in obtaining bids, preparing and awarding the construction contract. The City, for bidding purposes, will have the bid documents printed, or, at its own discretion, may authorize such printing as a reimbursable service to the Consultant. A2.05-2 Issuance of Bid Documents, Addenda and Bid Opening 1. The City shall issue the Bid Documents to prospective bidders and keep a complete List of Bidders 2. The Consultant shall assist the City in the preparation of responses to questions if any are required during the bidding period. All addendum or clarifications, or responses shall be issued by the City. 3. The Consultant shall prepare revised plans, if any are required, for the City to issue to all prospective bidders. 4. The City will schedule a "Pre -Bid Meeting" on an as needed basis, for the Project. The Consultant shall attend all any pre -bid meeting(s) and require attendance of Subconsultants at such meetings. 5. The Consultant will be present at the bid opening, if requested by the City. A2.05.3 Bid Evaluation and Award The Consultant shall assist the City in evaluation of bids, determining the responsiveness of bids and the preparation of documents for Award of a contract. If the lowest responsive Base Bid received exceeds the Total Allocated Funds for Construction, the City may: 1. Approve an increase in the Project cost and award a Contract; 2. Reject all bids and re -bid the Project within a reasonable time with no change in the Project, or additional compensation to the Consultant; 3. Direct the Consultant to revise the scope and/or quality of construction, and rebid the Project. The Consultant shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost based on such revisions within the Total Authorized Construction Budget. The City may exercise such option where the bid price exceeds 10% of the Fixed Construction Budget provided to the Consultant and as may be modified by the City and the Consultant prior to soliciting bids. 4 Suspend, cancel or abandon the Project. NOTE: Under item 3(3) above the Consultant shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost within the budgeted amount. A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT A2.06-1 Page A-19 PROFESSIONAL SERVICES AGREEMENT The Construction Phase will begin with the award of the construction contract and will end when the Consultant has provided to the City all post construction documents, including Contractor As -Built drawings, Consultant's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to the Consultant. During this period, the Consultant shall provide administration of the construction contract as provided by this Agreement, and as provided by law. A2.06-2 The Consultant, as the representative of the City during the Construction Phase, shall advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their Agreement with the City. A2.06-3 The Consultant and respective Subconsultants shall visit the site to conduct field observations, at a minimum on a weekly basis, and at all key construction events; to. ascertain the progress of the Project and shall visit the site as appropriate to conduct field inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost to the City. The Consultant shall report on the progress the Work, including any defects and deficiencies that may be observed in the Work. The Consultant and/or Subconsultants will not be required to make extensive inspections or provide continuous daily on -site inspections to check the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be responsible for writing minutes of ail meetings and field inspections report it is asked to attend, as well as the distribution of the minutes. Consultant and Subconsultants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. The Consultant and his/her Subconsultants will not be held responsible for the Contractor's or subcontractors', or any of their agents' or employees' failure to perform the work in accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. A2.06.4 The Consultant shall furnish the City with a written report of all observations of the Work made by Consultant and require all Subconsultants to do same during each visit to the Project. The Consultant shall also note the general status and progress of the Work, on forms fumished by the City, and submit them in a timely manner. The Consultant and the Subconsultants shall ascertain that the Work is acceptable to the City. Consultant shall assist the City in ensuring that the Contractor is making timely, accurate, and complete notations on the "as -built" drawings. Copies of the field reports shall be attached to the monthly Professional Services payment request for construction administration services. The Consultant's failure to provide written reports of all site visits or minutes of meeting shall result in the rejection of payment requests and may result in a proportional reduction in Construction Administration fees paid to the Consultant. A2.06-5 Based on observations at the site and consultation with the City, the Consultant shall determine the amount due the Contractor based on the pay for performance milestones and shall recommend approval of such amount as appropriate. This recommendation shall constitute a representation by the Consultant to the City that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the Work is in accordance with the contract and the Contractor is entitled to amount stated on the requisition subject to: 1. a detailed evaluation of the Work for conformance with the contract upon substantial completion; 2. the results of any subsequent tests required by the contract; 3. minor deviations from the contract correctable prior to completion; 4. any specific qualifications stated in the payment certificate and further that the Contractor is entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition. Prior to recommending payment to the Contractor, the Consultant will prepare a written statement to the City on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's Page A-20 PROFESSIONAL SERVICES AGREEMENT Requisition. Such statement shall be prepared immediately following the requisition field meeting and shall not be cause for delay in timely payment to the Contractor. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used money paid on account of the Construction Contract Sum. A2.06-6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. The Consultant shall render interpretations necessary for the proper execution or progress of the Work upon written request of either the City or the Contractor, and shall render written decisions, within, maximum of ten (10) calendar days, on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. A2.06-7 The Consultant shall have the authority to recommend rejection of Work, which does not conform to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and completed. A2.06-8 The Consultant shall promptly review and approve, reject or take action on shop drawings, samples, RFIs and other submissions of the Contractor. Changes or substitutions to the Contract Documents shall not be authorized without concurrence of the City's Project Manager and/or Director of Capital Improvements. The Consultant shall have a maximum of ten (10) calendar days form receipt of shop drawings, samples, RFI's or other submittals by the Contractor, to retum the shop drawings or submittals to the Contractor with comments indicating either approval or disapproval. Consultant shall provide the Contractor with a detailed written explanation as to the basis for rejection. A2.06-9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultants own observations or as requested by the City, and shall review and recommend action on proposed changes. Where the Contractor submits a request for Change Order or Change Proposal request, .the Consultant shall, within ten (10) calendar days, review and submit to the City, his/her recommendation or proposed action along with an analysis and/or study supporting such recommendation. A2.06-10 The Consultant shall examine the Work upon receipt of the Contractor's request for substantial completion inspection of the Project and shall, prior to occupancy by the City, recommend execution of a "Certificate of Acceptance for Substantial Completion after first ascertaining that the Project is substantially complete in accordance with the contract requirements. The Consultant shall in conjunction with representatives of the City and the Contractor prepare a punch list of any defects and discrepancies in the Work required to be corrected by the Contractor in accordance with Florida Statute 218.735. Upon satisfactory completion of the punch list the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor. The Consultant shall obtain from the Contractor upon satisfactory completion of all items on the punch list all necessary closeout documentation from the Contractor, including but not limited to all guarantees, operating and maintenance manuals for equipment, releases of liens/claims and such other documents and certificates as may be required by applicable codes, law, and the contract, and deliver them to the City before final acceptance shall be issued to the Contractor. A2.06-11 The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with the its contract relative to 1) initial instruction of City's personnel in the operation and maintenance of any equipment or Page A-21 PROFESSIONAL SERVICES AGREEMENT system, 2) initial start-up and testing, adjusting and balancing of equipment and systems and 3) final clean-up of the Project to assure a smooth transition from construction to occupancy by the City. A2.06-12 The Consultant shall furnish to the City the original documents, including drawings, revised to "as -built" conditions based on information furnished by the Contractor; survey, and specific condition. In preparing the "as -built" documents the Consultant shall rely on the accuracy of the information provided by the Contractor, including the Contractor's record drawings. Any certification required under this Agreement including the contents of "as -built" documents are conditioned upon the accuracy of the information and documents provided by the construction contractor. Transfer of changes made by "Change Authorization", "Change Order", "Request for Information", substitution approvals, or other clarifications will be the Consultant's responsibility to incorporate into the "as -built" and record documents. Changes .made in the field to suit field conditions, or otherwise made by the Contractor for its convenience shall be marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the Consultant. The original documents as well as the "Field Record Set" shall become the property of the City. A reproducible set of all other final documents will be furnished to the City free of charge by the Consultant. A2.06-13 The Consultant shall furnish to the City one complete set of "As -built Drawings", in Auto CADD Version 2000 or such other format acceptable to the City. A2.06-14 The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as -built" conditions with graphic scale and north arrow. Plans must show room names, room numbers, overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of drawings shall be fumished on 24" x 36" sheets and one electronic copy. A2.06-15 The Consultant assist the City in the completion of the Contractor's performance evaluation during construction work and upon final completion of the Project. Page A-22 PROFESSIONAL SERVICES AGREEMENT A2.07 Time Frames for Completion. The following time frames are sequential from the date of the Notice to Proceed. A concurrent project timeline is attached as Schedule A5. Roberto Clemente Park Design Elements Development of Objectives Schematic Design Design Development 30% Construction Documents 60% Construction Documents 90% Construction Documents Final Construction Documents Dry — Run Permitting Bidding and award of Construction Contract Construction Contract Administration TBD during Negotiations TBD during Negotiations TBD during Negotiations TBD during Negotiations TBD during Negotiations TBD during Negotiations TBD during Negotiations TBD during Negotiations TBD during Negotiations TBD during Negotiations Page A-23 PROFESSIONAL SERVICES AGREEMENT ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Services categorized below as "Additional Services" may be specified and authorized by City and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in Attachment B, Section B3.06. A3.02 EXAMPLES Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to the following: A3.02-1 Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies of prospective sites. Surveys of the existing structure required to complete as -built documentation are not additional services. A3.02-2 Design of Non -Project Facilities: Design services relative to future facilities, systems and equipment which are not intended to be constructed as part of a specific project. A3.02-3 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. A3.02-4 Specialty Design: Any additional special professional services not included in the Scope of Work. A3.02-5 Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the initial start-up, testing, adjusting and balancing of any equipment or system; extended training of City's personnel in operation and maintenance of equipment and systems, and consultation during such training; and preparation of operating and maintenance manuals, other than those provided by the Contractor, subcontractor, or equipment manufacturer. Provide Commissioning Services as part of systems start-up. A3.02-6 Major Revisions: Making major revisions to drawings and specifications resulting in or from a change in. Scope of Work, when such revisions are inconsistent with written approvals or instructions previously given by City and are due to causes beyond the control of Consultant. (Major revisions are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any significant portion thereof). A3.02-7 Expert Witness: Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding, providing, however, that Consultant cannot testify against City in any proceeding during the course of this Agreement. A3.02-8 Miscellaneous: Any other services not otherwise included in this Agreement or not customarily fumished in accordance with generally accepted architectural/engineering practice related to construction. Page A-24 PROFESSIONAL SERVICES AGREEMENT A3.03 ADDITIONAL DESIGN The City may, at its option, elect to proceed with additional recreational facility projects relating to the Project. Such additional site amenity projects may include: Additional Parking Lot Pump Station Enclosure/Screening Other Elements Design services shall be provided in accordance with Article A3. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by City in addition to the Basic and Additional Services and consist of actual, direct expenditures made by Consultant and the Sub -consultant for the purposes listed below. Transportation, travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. A4.01-1 Communications Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between Consultant's various permanent offices and Sub - consultant. Consultant's field office at the Project site is not considered a permanent office. A4.01-2 Reproduction. Photography: Cost of printing, reproduction or photography, beyond that which is required by or of Consultant's part of the work, set forth in this Agreement. Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by Program Manager. A4.01-3 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the Consultant. A4.01.4 Surveys: Site surveys and special purpose surveys when pre -authorized by the Program Manager. A4.01-5 Other: Items not indicated in Section 4.01 when authorized by the Program Manager. A4.02 SUB -CONSULTANT REIMBURSEMENTS Reimbursable Sub -consultant expenses are limited to the items described above when the Sub -consultant's agreement provides for reimbursable expenses and when such agreement has been previously approved, in writing, by the Director and subject to all budgetary limitations of City and requirements of this Agreement. ARTICLE A5 CITY'S RESPONSIBILITIES A5.01 PROJECT & SITE INFORMATION City, at its expense and insofar as performance under this Agreement may require, shall fumish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic data of a building site, and existing utilities information regarding sewer, water, gas, telephone and/or electrical services. Page A-25 PROFESSIONAL SERVICES AGREEMENT A5.01-2 Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. Consultant shall recommend necessary tests to City. A5.01-3 General Project Information: Information regarding Project Budget, City and State procedures, guidelines, forms, formats, and assistance required establishing a program as per Section A2.02 Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as- builts availability. However, such drawings, if provided, are not warranted to represent conditions as of the date of receipt. Consultant must still perform field investigations as necessary in accordance with Section A2.01 to obtain sufficient information to perform its services. Investigative services in excess of "Normal Requirements," as defined, must be authorized in advance. A5.01-4 Threshold Inspection shall be provided by the City. Consultant shall assist the City in procuring Threshold inspection services. A5.01-5 Reliability: The services, information, surveys and reports described in A5.01-1 through A5.01-4 above, shall be fumished at City's expense, and Consultant shall be entitled to rely upon the accuracy and completeness thereof, provided Consultant has reviewed all such information to determine if additional information and/or testing is required to properly design the Project. A5.03 CONSTRUCTION MANAGEMENT A5.03.1 During construction, Consultant and the City staff shall assume the responsibilities described in the general conditions and supplementary conditions of the construction contract relating to review and approval of the construction work by the Contractor. A5.03.2 If City observes or otherwise becomes aware of any fault or defective Work in the Project, or other nonconformance with the contract during construction, City shall give prompt notice thereof to Consultant. A5.04 LEGAL AND OTHER SERVICES City shall avail itself to any legal, accounting, insurance counseling, and auditing services that it may require to ascertain how or for what purposes a Contractor has used the money paid under the construction contract, as may be required by City. Page A-26 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A SCOPE OF WORK SCHEDULE Al. SUBCONSULTANTS FIRM NAME CONSULTING FIELD Kimley-Horn and Associates, Inc. Civil Engineers Bliss & Nyitray, Inc. Structural Engineers Ross & Baruzzini, Inc. Mechanical, Electrical and Plumbing Engineers SCHEDULE A2. - KEY STAFF NAME JOB CLASSIFICATION James Centanni, AIA Principal Jeff Slusarick, , AIA Project Manager Alan Fishman, AIA, LEED AP Project Architect Kristin Materka, AIA, LEED AP Interior Designer Jose Baella Architectural Intern Joe Birdwell Architectural Intern Larry Rubel Architectural Intern Michael Smith Architectural Intern Mary Castro Office Manager Page A-27