HomeMy WebLinkAboutAgenda Report - November 5, 2008 E-04AGENDA ITEM &4
• CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Awarding Contract for Architectural Services for
Grape Bowl Phase I Renovation to 360 — CA Schrock Architects, of
San Francisco ($117,500)
MEETING DATE: November5,2008
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution awarding the contract for architectural services
for the Grape Bowl Phase I Renovation to 360 — CA Schrock
Architects, of San Francisco, in the amount of $117,500 and
authorize the City Manager to execute the contract.
BACKGROUND INFORMATION: In early 2007, the San Joaquin County Board of Supervisors (Board)
approved the allocation of discretionary Community Development
Block Grant (CDBG) funds to the Grape Bowl Phase I Renovation.
The Board in 2007 allocated $250,000 to the project, and in 2008,
another $200,000 will be allocated. The City of Lodi has allocated $225,000 of its 2007 CDBG allocation
to the project, and a matching community match of $500,000 is expected. The donor(s) of the
community match have not been identified.
A schematic representation of the Phase I Renovation project was presented to Council on
February6, 2008. The Phase I project represents major step forward in making the Grape Bowl
compliant with the Americans with DisabilitiesAct (ADA) and the City's ADA Transition Plan adopted
November 2, 2005. The project will include removal of the earthen berm at the north end of the stadium,
construction of a bridge structure connecting the upper walkways, elevator, stairways, restrooms, and a
ticket office building.
Work on the projectwill begin immediatelyupon approval. Completion of the construction documents is
expected to be in spring/summer 2009.
City Council approved the Requestfor Proposals (RFPs) for architectural services on February6, 2008.
On July 23, 2008, RFPs were distributed to four architectural firms. On August 25, three proposalswere
received from 360 — CA Schrock, Lesofsky-Donaldson, and WMB Architects. Two firms were invited to
participate on September22, 2008, in an interview process, 360 — CA Schrock and WMB Architects.
Based on the superior qualifications and experience in the programming and design of outdoor stadiums,
staff recommends awarding the architectural services contract to 360 — CA Schrock Architects.
FISCAL IMPACT: $117,500 Community Development Block Grant (CDBG) Funds
FUNDING AVAILABLE: City's$225,000
F r -e, Z
s, Budget Manager
F. Wally Sandelin amen . Rode
Public Works Director Interim Parks & Recreation Director
FWSlpmf
APPROVED:
Blair Manager
IP
K: \W PSP ROJ ECTS ARKSIGra peBvwllCAwardArchAgmi. dvc (!7^ 1 0!3012008
PROJECT ARCHITECT AGREEMENT
=19111=1446
Grape Bowl Phase One Renovation
PARTIES:
City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi. CA 95241-1910
ARCHITECT: 360— CA Schrock Architects, P.0
1005 Sansome. Suite 234
San Francisco, CA 94111
DESIGNATED PERSONNEL:
(a) Principal in Charge: Tom Waggoner, AIA
(b) ProjectArchitect: Ian Glidden, AIA
(c) Construction Administration/Project Manager: Ian Glidden,AlA
(d) Structural Engineer: TBD, included in basefee
(e) Mechanical Engineer: TBD, included in base fee
(f) Electrical Engineer: TBD, included in base fee
(g) Civil Engineers: TBD
(h) Landscape Architect: TBD
(i) Construction Cost Estimating: TBD
TABLE OF CONTENTS
ARTICLE ONE:
ARTICLE TVVO:
ARTICLE THREE:
ARTICLE FOUR:
ARTICLE FIVE:
ARTICLE SIX
ARTICLE SEVEN:
ARTICLE EIGHT:
ARTICLE NINE:
ARTICLE TEN:
ARTICLE ELEVEN:
ARTICLE TWELVE:
ARTICLE THIRTEEN:
ARTICLE FOURTEEN:
Project Description
Schedule of Services
Compensation and Payment
Definitions
Basic Services cFArchitect
Basic Services of City
Time
Additional Services
Termination of Agreement
Indemnity
Personnel
Standards of Performance
Miscellaneous Provisions
Extent of Agreement[W giver
ARTICLE ONE: Project Description
The Architect shall provide services as described herein. The general design of the project shall be as defined in the
Requestfor Proposal and by this document.
The project includes all services for planning, space needs, schematic design, design development, and construction
documents and will consist of the following elements:
(1) Project Management
(2) Pre -Design (Analysis and Schematic Design)
(3) Design Development
(4) Construction Documents
A preliminary description of the project, includingthe size and anticipated construction costs, are as outlined in
ExhibitA, "Project Description", incorporated herein by reference.
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The project will be designed to conform to the State of California standards and requirements.
ARTICLE TWO: Schedule of Services
A Architect shall complete all design work in order to allow the City to meetthe funding requirements of the
Community Development Block Grant (CDBG) funds.
B. Architect shall complete the required services consistent with the following schedule:
• Schematic Design— 4 weeks
• Design Development Phase — 8 weeks
■ Construction Documents Phase — 12 weeks
• Permit and Bid Phase — 6 weeks
Project Construction — 36 weeks
C. Architect shall provide services under Project Construction Phase, through completion and acceptance of the
City's construction contract.
ARTICLE THREE: Compensation, Method of Payment
A Compensationfor Basic Services:
(1) Total compensation, including all expenses, shall not exceed $117,500. This compensation includes
all phases and services, including reimbursable expenses. Architect shall be reimbursedfor all
out-of-pocket expenses in connection with work, such as, but not limited to, long distance phone calls,
express mail, delivery services, photography, copying, scanning, printing, computer plotting costs,
travel expenses (mileage at $0.505 per mile), as well as the professional illustration or developmentof
any marketing materialsthat are in addition to our basic services. These will be billed at 1.1 times
actual cost for administrative handling. Contract amounts will be invoiced monthly and are due within
30 days. Unpaid accounts over 60 days will be invoiced at an additional 1-112 percent per month.
(2) Additional Services:
(a) Additional services shall be defined as services not included as basic services within this
contract that the City directs the Architect to perform. In the event of this direction, Architect
shall be compensated pursuant to this section. Additional services will only be paid if
documented in advance in writing.
aximum rate per hour, including overhead. administrative costs, and profit shall be as shown
in
(c) With prior approval, the City shall pay for reimbursable expenses in performing Additional
Services. The paymentshall be limited to actual out-of-pocket expenses as reflected on an
invoice or other proof of payment.
(d) Payment for additional Services shall be made monthly upon presentation of a statement of
services in duplicate.
B. Phase Payment: Upon submittal of statements in duplicate, City shall pay as follows:
(1) The $117,500 fee shall be broken down as follows:
Schematic Design
Design Development
Construction Documents
Permitand Bid Phase
Project Construction
Total
$17.625.00
15%
$23,500.00
20%
$47,000.00
40%
$5,875.00
05%
$23,500.00
20%
$117,500.00
100%
Paymentfor this work shall be paid monthly upon submittal of a statementto the City from the
Architect.
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10120108
ARTICLE FOUR: Definitions:
A. Construction Estimate (initial) shall mean agreed estimate of cost of the construction work established at a
specific period in time to indicatethe amount to be used to guide the design of the project.
B- Major Categories of Work are those applicable categories of construction work necessary for completion of
construction of the entire project and may include, but not be limited to, the following Construction categories:
demolition, general construction. finishes, heating, ventilation, air conditioning modifications and improvements,
plumbing modificationsand improvements, and electrical modifications and improvements.
C. Appropriate Authorities and Lending Agencies shaii mean any private, local, municipal county, state, regional
authorityor agency with which the project may be involved. This term is intendedto includethose agencies and
authorities which may require information or the filing of drawings, project manual, etc., in connection with the
project on either a voluntary or nonvoiuntary basis.
D. The Contract Administrator shaii be the City Administrator or his authorized representative. He shall represent
City in all matters except when approval is specifically required by the City Council.
ARTICLE FIVE: Basic Services of Architect
A) Services in General: Architect shall
1) Consult, as necessary, with authorized employees, agencies, and/or representatives of City relative to the
design and major categories of work.
2) Cooperate with other professionals employed by City in the design of other work related to the project.
3) Contract for, or employ at his expense, consultantsto the extent he deems necessary for design of the
project, including Mechanical, Electrical, and Structural Engineers licensed as such by the State of
California. Nothing in the foregoing procedure shall create any contractual relation between City and any
consultants employed by Architect underthe terms of this Agreement.
4) Designate Tom. Waggoner as the Principal in Charge who shall, so long as his performance continuesto
be acceptable to the City, remain in charge of the services for the project from beginning through
completion of services providedfor in this Agreement. Designate Ian Glidden as Project Manager.
S) Assist City in fulfilling normal requirementsset forth by appropriate authorities whose interest bears on the
design, cost. and construction of the project.
G) Abide by necessary requirements of funding sources, such as auditing requirements and payroll
certifications, reviews of design by funding authorities, and complete the work in compliancewith
designated funding deadlines.
B) Schematic Design Phase: Underthis phase the Architect shall work with City staff to ascertain the requirements
of the Project and shall arrive at a mutual understandingof such requirements with the City.
1) The Architect shall provide a preliminary evaluation of the City's program, schedule and construction budget
requirements, each in terms of the other, subject to the limitations of paragraph H.
2) The Architect shall review with the City alternative approaches to design and construction of the Project.
31 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect
shali preparefor approval by the City, Schematic Design Documents consisting of drawings and other
documents illustrating the scale and relationship of Project components.
4) The Architect shall submitto the City a preliminary estimate of construction cost based on area, volume Cr
other unit costs.
C) Development Phase: Under this Phase, the Architect shall complete the design development work relative to the
Schematic Design.
(1) The Architect shall develop the approved schematic design approach. Based on the approved
approach, the Architect shall prepare Design Developmentdocuments.
(2) Review existing documentation, including building plans, utility easements, and landscape irrigation
and plantings.
(3) Architect shall analyze existing utility connections, determine site features to remain, and analyze
impact of existing conditions.
(4) Site plans, floor plans, furniture layouts, elevations, and building sections as needed to fix and describe
the project as to architectural, structural, mechanical, and electrical systems.
(5) Architect shall provide a reproducible documentconsisting Of
(a) Site plans indicating general location and nature of site improvements.
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N Architectural, structural, mechanical, plumbing, and electricalfloor plans, furniture layout
plans, and major equipment locations.
(c) Exterior elevations and building sections,
(d) Outline specifications describing the major systems, materials, and items to be used
(installation procedures not required); a tentative room finish schedule; the type of quality of
interior and exterior materials; and the specific structural materials, the mechanical and
electrical systems, and all majorspecial systems and equipmentto be used. The
specifications shall be organized into 16 divisions following the recommendations of the
Uniform System for Construction Specifications.
(e) A written update of therobable construction cost of the proJ'ect presented in a Construction
Specifications Institute (CSI) format and consistentwith the budget. This estimatewill include
allowances for escalation and market conditions
(7) Architect shall provide City and updated Design Developmentdocumentsfor review.
D) Construction Documents Phase: This phase commences only after the City has approved the Architect's
Design Development and cost estimates. Upon receipt of notice from the City to proceed with the Construction
Documents Phase, the Architect shaii commence the following services:
1) Based upon the Design Developmentand any further adjustments i n the scope or quality of the project or in
the project budget authorized by City, the Architect shall prepare, for approval by the City, Construction
Documents, consisting of drawings and a project manual. setting forth in detail the requirements for the
construction of the project. Such documents shall be full, compete and accurate, giving such information as
will enable a competent builder to cavy them out.
2) The construction documents shall conform to and be consistentwith the previousiy approved Design
Documents. Architect shall incorporate no modification thereto without prior consent of the City.
3) Architect shall coordinate a Design Cost Estimate update. This update shall utilizethe same breakdown of
project components as was used in the Design Development Estimate outlined above.
4) Architect shall provide a Design Cost Estimate update. This update shall utilize the same breakdown of
project components as was used in the Design Development Estimate outlined above.
5) The Design Cost Estimate update shall include all costs of construction of the project, including but not
limited to bonds required by the General Conditions of the Construction Contract. the total cost of
construction including labor, materials. and contractor's overhead and profit, and ail allowances, including
contingencies.
61 Ifthe City orders modificationsto the approved design not necessitated by the Architect's underestimation
of costs, Architect shall prepare additional Design Development Documents, Construction Documents, and
Construction cost Estimates, and shall receive compensation as an Additional Service.
7) Architect shall. to the best of his ability, endeavor to prepareail drawings and specifications in conformity
with all applicable state and federal laws and regulations.
8) Architect shall review and edit, as necessary, the form General Conditions and Division 1 of the
Specifications provided by the City. City may accept or rejectArchitect's suggested changes, at its sole
discretion.
g) Architect shall submit all required construction documents to City as a package, with all items completed.
Documents shall consist of one reproducible Mylar and original %- x 11 -inch specification book ready for
reproducing.
10) Architect shall make changes necessary to comply with City's review comment, and resubmit corrected
documents.
11) Architect shali assist the City and the Construction Manager in developing a construction schedule for the
project.
12) All drawings shall be provided in AutoCAD, latest version.
E) Bidding Phase:
1) The architect, following the City's approval of the Construction Documentsand of the updated State of
Probable Construction Cost, shall assistthe City in obtaining bidsfrom general contractors or negotiating
with a selected contractorfor a lump -sum fixed-price contractfor construction. Architect shall receive
bidder's questions, develop clarification as required, prepare addenda for City's use, and attend a prebid
conference. City will administerthe overall bidding process.
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a 1=0 row ng the City's approval of the construction documents and of the construction cost estimate. the
Architect shall tum sh to the City the original tracings of final working drawings for signature ana the
Jfly ina project manual. Project manual shall ue on 8 %2- x 11 -inch paper, unless otherwise approved
b) the City. For bidding pirposes. Architect shall provide reproducible drawings and City shall
reprocuce the arawings and project manual. A I drawings shall oe provided on CAD format.
b) Arcnitect snail assist the Cty in'nrerpreting the arawings and specifications during the bidding process,
ana prepare aoaenoa to the drawings or specifications that may be required. but the City shall approve
ii I proposed aadenda betore delivery to nterested bidders. Architect shall issue no addenda verbal y
or n writing to b driers.
j Arcnitect snail participate in prebid conferences witn interested bidders and City staff, at City's request.
a? Arcn tent sha advise City concerning acceptance or rejection of bids for the project.
e� C iy reserves the rignt to accept bids in excess of the approved final construction cost estimate or to
reject any or a I bas received.
Fj Constriction Phase: Ihis phase commences witn the awara of the Contract for construction, and will terminate
Lpon the completion ny the construction contractor of all services required by the Contract for construction and
acceptance of the Notice of Completion by the C ry Counci . Jpon receipt of a written notice from the City to
proceeu with the Construction Phase. the Architect seal perform the services specified herein below:
1 y Arcnitect sna i perform all serv.ces required of the Project Architect/Engineer within the time Specified in the
project manual ana as reasonauly airected oy the C ty
L1 Arcnitect anu aes qn consultants strati attena a pre -construction conference between all interested parties.
jl hrc;nite;,t snati nave access to me project site at all reasoname times
40 Arcnitect sna I ft.rnish aefinrtions, c arifications, ana interpretations of the arawings and project manual. The
Arch rect wtit renoer nterpretat ons Gpon receipt of requests for nformation and clarification necessary for
)roper -min t meiy execution of the worK. Clarifications necessary for the proper execution or process of the
ivorK wi I 5 ntaae in no more tnat five (5) work ng nays (not includ ng mailing) when reasonably possible
..rider receipt of written request cf either the My or the contractor and shall render written decisions.
5, Arcnitoct sna I prepare suppiemental drawings and specifications required to resolve actual field conaitions
encuuritered that are norma ly observable.
61 Arcn tect shall review and recommeno appropriate action on detailed construction drawings and shop and
erection arawings suomitteo by contractors for compliance with the basis of the design and the construction
araw nqs and project manual rhe Architect shall not have control or charge of ana shall not be responsible
ror job site coordination. contirmation or dimensions. quantities. weignt and gauges, fahricatton process.
;onstruct on means, rnetnods, tecnniques, sequences or procedures, or for safety precautions and
,rograms .n connection with me worK, for the acts or omissions of me Contractor. Subcontractors. or any
other pr,rsons performing any of the work, or for the failure of any of them to carry out the work in
tccora ance with the contract documents. Architect snail provide colors consistent with City -approved
yrnedule.
r y rho Arcnitect share review and recommend appropriate action on snop and erection drawings submitted by
the contractors for compl.ance with the design, construction drawings, and project manual. In addition, the
Arcnitper shou.d DP requ,red to promptly notity the C ty of a I submittal review comments which require a
,;range in the contract requ rements that cot, d result in a cnange order. In addition. the Architect shall
process suomittats in a reasonaole time, out no more than 15 working days, not including mailing time.
t, Aron sect sna i review contractor -proposed suostitutions wnich are permittea oy "or equal" provisions of the
>pecitications ana snail advise City as to wnetner sucn requests are. in fact. or equal products to those
;pccif eo, xrnForm to the oas s oftne oes gn, are consistent with the remaining contract documents. and
, ossess equal sa.ient cnaractenstics of specified product.
j) U,aring the consti-Lction aura nistration portions of the project. the Architect shall visit the s.te no iess Wan
,nce tier A+eeK. The City wii endeavor to schedule meetings in a manner consistent and limiting the
Architect s travel to ana from the site. Site visits by the engineer will be required by the progress of the
System construct on worK ana are n aaoition to the Arcnitect's visits.
t ut On the imsis of on-site observai on, Architect snail endeavor to guard City against defects and deficiencies
rn the worK of the contractor by provid nq technical assistance to the City's inspector. and shall notify City in
the et ent a defect is aiscovereo.
1 1) Architect snall eva..iate and sign the montnly requests for payment submined by the contractor based on
Arch rect s ooservations at the project site ana review of the contract documents. ana shall advise C*tY as to
rite percentage ana quality of work comp eteo to date
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12) If contractor requests a change order, Architect shall review and recommendfor rejection or approval such
request and the time and/or price changes requested.
13) Upon request of the City, Architect shall prepare all necessary technical data for contract change orders
14) Architect shali observe initial operation of the project or of performance tests required by the specifications.
15) Architect shall assist City in preparing a list of deficiencies ("punch list"), and the confirming completion by
the contractor.
16) Architect shall make final on-site observation and report on completed project, and furnish City a written
noticethat the project is completed in general accordancewith drawings and specifications exceptas
noted. Architect shall report all observable omissions. unauthorized substitutions. defects or deficiencies i n
the work not remedied by the contractor.
17) Architect shall review all written guarantees and related documents assembled by the contractor for
compiiancewith the project manual.
18) Priorto Notice of Completion, Architect shall assist the City in reviewing the contractoh three complete
sets of operating and maintenance manuals and instructionsfor electrical. mechanical, plumbing, security,
and other systems installed on the project. The contract documents shali require the contractor to
assemble, organize and index material and furnish it in suitable loose-leaf binders and provide same to
Architect who shall review its completeness in compliance with the contract documents. Architect shall
provide assistance to the City in training City staff regarding building start-up requirements, staff orientation,
operation of systems within the building, and methods of operation as affected by building systems. Ifthe
City desires further training by Architect beyond that specified hereinabove, such further training shall bean
additional service and shall be compensated as such pursuant to this Agreement.
19) Extent of duties, responsibilities and limitations of authority of Architect as City's representative during
construction as set forth herein shall not be modified or extended without written consent of City and
Architect. Architect shall keep detailed notes of all conversations with contractor or any subcontractor or
supplier. including telephone conversations, and shall forward photocopiers thereof to City upon request by
City.
20) During all warranty or guarantee periods, up to twoo (2) years following acceptance of the contractor's work,
relating to designs prepared underthis Agreement, Architect shall, when requested, render (nonlegal)
technical advice in order to assist City in obtaining necessary compliance by the Contractorwith the terms
of said guarantees or warranties.
21) Architect shall provide all drawingslchangeson AutoCAD, latest version.
G) Documents and Drawings:
1) Documentsand drawings shall consistof all documents, original and reproducible tracings, plans and
specifications, calculations, sketches, and renderings prepared by Architect which shall be the property Of
the City upon payment in full to the Architect. Architect shall furnish City with documents as City requests,
whether or not complete, upon completion of the project, or upon suspension or termination of this
Agreement as provided hereinafter, upon payment in full to the Architect. Architect shall have the righttO
retain copies of documents and drawings for its records.
2) Architect shall furnish to City for purposes of checking and approving copies o f
a) Design Development/Contract Documents that are prepared by Architect at 30%, 65%, 95%. and 100%
completion.
3) Architect shall furnish to City for reproduction, original tracings or equivalentquality reproducible drawings
and specifications mastersfor bidding and construction.
H) Control of Construction Cost:
1) Format and Comparing Estimates: All required estimates of construction costs by the Architect shall be
prepared with inputfrom the City. The Architect and City shali compare their respective estimates, in order
to verify the general accuracy of both estimates, and highlightthe differences.
2) Responsibilityfor Construction Cost: The City asserts that the total construction cost shall not exceed the
maximum allowable construction cost (budget). The Architect accepts responsibility for assisting the City in
determining the scope and quality of the projectwhich can be constructed within the budget evaluations of
the City's project budget and statements of probable construction cost prepared by the Architect represent
the Architect's bestjudgment as a design professional familiar with the construction industry. Itis
recognized, however, that neitherthe Architect nor the City has control over the cost of labor, materials, or
equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or
negotiation conditions. Accordingly, the Architect cannot and does notwarrant or representthat bids will
not vary from the project budget proposed, established or approved by the City as the City -approved
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KIWPIPROJECTSIPARKSIGRAPESOWL\ARCHITECT AGMT_360ARCHITECTURE.DOC 10120108
construction cost, or from any statement of probable construction cost or other cost estimate or evaluation
prepared by the Architect.
3) Scope and Quality Adjustments: At any time priorto issuance of the contract documents for bidding, should
the City elect to make any additions to the quality or scope of the project, the Architect shall prepare a
revised final statement or probable construction cost to reflect the cost of the additions. Should such
revised final statement of probable construction cost exceed the City -approved construction cost, the City
and Architect shall review the project to determinewhat revisions or steps would reasonably be expected to
bring the estimated cost within the City -approved construction cost. The Architect shall thereafter prepare a
revised final statement or probable construction cost, incorporating the mutually agreed revisions. When
approved by City, such revised statement of probable construction cost shall become the new City -
approved construction cost. The Architect shall be compensated for any such necessary revisions to the
contract documents, including revised cost estimates, as an extra service, as provided herein.
4) Architect's Obligation to Modify Documents:
a) Architect shall. with mutual agreement of City, be permittedto include contingenciesfor design, bidding
and price escalation, to determinewhat materials, equipment, component systems and types of
construction are to be included in the contract documents, to make reasonable adjustments in the
scope cf the project. and to include i n the contract documents alternate bids to adjust the construction
cost to the City -approved construction cost.
b) if the bidding phase has not commenced within three months after the Architect submits the
construction documents to the City, the City -approved construction costs shall be adjusted to reflect
any change in the general level of prices according to the San Francisco Region of the Engineering
News Record Building Cost Index between the date of submission of the construction documents to the
City and the date on which proposals are sought.
c) If the lowest bona fide base bid for the project received by the City exceeds 110% of the final estimate
of basic work, or is less than 90% of the final estimate of basic, the City shall cooperate in revising the
project scope and quality as required to reduce or increasethe construction cost, including the
acceptance of alternate bids. If the lowest bona fide base bid is in excess of 110% of the final estimate
of basic work and the City so requests, Architect shall modify the plans and specifications, without
additional cost to the City, to incorporatethe City -approved scope and quality revisions, so as to bring
the cost of the projectto within the limits set forth above of the final estimate of basic work. If,after the
application of some or all alternate bids, the construction cost is less than 90% of the final estimate,
and ifthe City so requests, Architect shall modify the specifications without additional cost to the City to
incorporate City -approved revisions so as to bring the cost of the project up to within 90% of the final
estimate of basic work. The providing of such service shall be the limit of the Architect's responsibility
arising from the obligation to modify the documents. In the event that the variation between the lowest
bona fide bid and the final estimate can be shown to be caused by sudden and unpredictable
fluctuations in economic conditions in the construction marketplace, as evidenced by analysis of the
Means Stockton Cost Index, the Architect's obligation hereunder shall be adjusted in proportion to the
change in the Index. In the event that the published indexfor the period applicable to the date of
receipt of bids varies by more than 1% from the projected index, as mutually agreed by the Architect
and City, then the Architect's final estimate of basic work shall be proportionately adjusted for use in
the computation of this paragraph.
ARTICLE SIX Basic Services of City
The City shall provide the following services and material to the Architect:
A. Building Information: City shall provide Architect with available plans and any technical information concerning
all buildings or spaces that are affected by the project, including necessary site survey and topographical and
soil information as well as necessary telephone, communication and data requirements for the project.
B. Permits: The City shall pay for all requiredfees and permits. The Architect will advise potential permit
requirements.
C. The City shall assist the Architect in field investigations as requested and shall assist in getting information in
the form of drawings, reports, photographs and video tapes in a timely mannerto meet the project schedule.
ARTICLE SEVEN: Time
A, The Architect shall provide its professional services in accordancewith the ordinary standard of care, skill. and
diligences customarily followed by architects and engineers in this and similar communities.
B. Architect shall comply with all response times or schedules specified in the project manual or agreed to by the
City.
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C. Notwithstanding Paragraph B, Architect shall respond with the ordinary standard of care, skill, and diligence
customarily followed by architects and engineers in this and similar communities.
D_ City wiii pay for and assist in required review by agencies having jurisdiction over this project.
E. Time s of the essence In performance of the worK outlines herein. Neither party shall be responsible for delays
from causes Devona their reasonable control.
ARTICLE EIGHT Additional Services
A. If Architect is requested to provide additional services at any stage of the project development. City shall issue a
written work order.
B. In addition to services specified elsewhere in this Agreement, Architect shall receive additional compensation for
the foifawing additional services:
(1) Revision of previously approved drawings and/or specifications, or failure of City to meet schedule of
services (Article Two), which incur cost to Architect as the result of action by City when not otherwise
Architect's responsibility pursuantto this Agreement.
(2) Making pianing surveys, feasibility studies, and special analysis of City's needs to clarify requirements for
project programming.
(3) Supervision of repair of damage to the structure when so directed by City.
(4) Additional services caused by the delinquency or insolvency of the contractor.
(5) Preparation of measured drawings of existing structures, mechanical, plumbing, electrical systems and
facilities as authorized by City.
(6) Travel and per diem outside of San Joaquin County when the City directs the travel in writing prior to
commencing travel.
C. Consultants not included under Basic Services
Consultant fee is limited Architectural Design Services, as well as Structural and MEP Engineering Services.
The Basic Services fee specifically excludes any other professional consultants the City or Architect may require
to proceed and complete the work. Upon proceeding with the project, it will be necessary for the City to add a
consultant team that will include, but not necessarily be limited to:
(1) Civil and/or Geotechnical Engineer
(2) Landscape Architect
(3) Construction Cost Estimating
(4) Building Code Review
(5) Audio/Visual Consultant
(6) Lighting Design
(7) Food Service Consultants
ARTICLE NINE: Termination of Agreement
A. Either party may terminate this Agreement.upon thirty (30) days written notice should the other partyfail
substantially to perform its terms through no fault of the party initiating the termination.
S. The City, at its sole discretion, may terminate this Agreement upon at least seven (7) days written notice to the
Architect.
C. Upon termination of this Agreement or suspension of work by either party, Architect shall furnish to City before
further payment by City all documents and drawings prepared under this Agreement, whether complete or
incomplete, upon payment in full to the Architect. Such documents and designs shall become City's exclusive
property, free of claim or encumbrance by Architect.
D. In the event of termination not the fault of the Architect, the Architect shall be compensated for ail services
performed to termination date, together with compensation for Additional Services completed, less amounts paid
to date. No additional paymentwill be made to Architect other than for actual services completed as described
above. Total amount of such compensation shall not exceed total amount payable at completion of phase
during which the termination occurred.
The rates for such compensation shall be as specified in Article Three. Acceptance by Architect of such
payment shall constitute a complete accord and satisfaction between the parties.
8
K 1WP1PROJECTS1PARKSSGRAPEBOWLIARCHITECT AGMT 360ARCHITECTURE.DOC 10120108
ARTICLE TEN: Indemnity
A. Indemnity: Architect shall defend, indemnify, and save harmless the City, its officers, consultants, and
empioyeesfrom and against any and all losses, defense, costs, or liability which the City, its officers,
consultants. and/or employees may sustain or incur, or which may be imposed upon them for injury to or death
of persons, or damage to property to the extent caused as a result of or arising out of the negligent acts, errors
or omissions of Architect during the performanceof services underthe terms of this Agreement.
B. Professional Liability Insurance: During the entire term of this Agreement, Architect shall obtain and maintain in
full force and effect professional errors and omissions (malpractice) liability insurance, which shall include the
following provisions:
(1) Policy Limits: Policy limits of said insurance shall be no less than $1,000,000 limit per claim and in the
aggregate.
(2) Extended Claim Coverage: Architect shall maintain professional liability insurance of the type generally
available, insuring Architect for a period of one year following completion of the services provided under this
Agreement, providing such insurance is available.
C. Public Liability and Property Damage Insurance:
(1) During the term of this Agreement, Architect will at all times maintain, at his expense, comprehensive
general liability insurance naming the City. its City Council, officers, agents, and employees as additional
insured. Amount of such policy shall be no less that $1 million combined single limit per occurrence and for
bodily injury including personal injury and property damage.
(2) Liability insurance shall contain the following endorsements:
(a) City shall be added as an additional insured as respects operations of the named insured performed
under the contract with City.
(b) It shali be agreed that any insurance maintained by City shall apply in excess of, and not contribute
with, insurance provided by the contractor's liability insurance policy.
(c) Architect's liability insurance policy shall not be canceled or non -renewed until after 30 days written
notice has first been given the City.
(d) Coverage shall include claims arising out of Architect's use of automobiles.
(e) Liability shall not exclude liability assumed by written contractor agreement.
(f) Liabiiity insurance shall include broad form property damage insurance.
(g) Prior to commencing services pursuantto this Agreement, Architect shall provide certificates indicating
the existence of the insurance required by this Agreement, on insurance certificates executed by a
duly -authorized agent of Architect's insurance provider.
D. Workers' Compensation: Architect shall provide workers' compensation coverage as required by State law, and
in signing this Agreement, makes the following certification: "i am aware of the provisions of Section 3700 Cf the
Labor Code which require every employerto be insured against liability for workers compensation or to
undertake seif-insurance in accordance with such provisions before commencing the performance of this
Agreement."
ARTICLE ELEVEN: Personnel
A. Architect shall assign only competent personnelto perform services pursuantto this Agreement.
B. Supervision of Employees: Ail work or services performed by Architect or subcontractors of Architect shall be by
or underthe direct supervision of registered architects and/or engineers.
C. Designated Personnel and Consultants: A material covenant of this Agreement is that the Architect shall assign
the individuals designated above to perform the functions designated. The Architect shall not assign other
individuals or firms to perform the services of the designated individuals and firms without the prior consent of
the City.
D. Attendance at Meetings: Ian Glidden shall attend all design meetings called by City in regardsto the project.
unless his presence is waived by City.
E. if the City, in its sole discretion at any time during the term of this Agreement, desires the removal of any person
assigned by Architect to perform services, Architect shall remove such person immediately upon receiving
notice from City.
ARTICLE TWELVE: Standards of Performance
9
KIWPIPROJECTSIPARKSIGRAPEBOWLI.ARCHITECTAGMT 360ARCHITECTUREDOC 10120108
A. Professronat Uaal,ficatrons Arcnttect represents that it is professionally qualified to perform the work. City, not
being sKltled to such matters, rel.es upon the qual fications of Architect to do and oerform the work in a
professional manner, and the City's acceptance of Architect's work does not operate as a release of Architect
from responsibility to so perform the work.
B. License: Arcnotect snai secure ann maintain throughout the term of this Agreement all licenses, permits,
quai ficatlons. ana approvals of whatsoever nature wnich are legally required for Architect to practice the
profession or to perform ine expert professiona services requireo by this Agreement.
C. CJtrtpt,ance VV$n ua,ros: Architect will enaeavor to see to it that the project. as designed. will comply with all
applicable teaera , stare. ana local aws, ordinances. regulations and permits in the performance of the
A(Ircement Bann in the resu t'nq des gns. including requirements of Title 24 of the California Code of Reguiations.
D. Stannaras ut f'orfornionre: ArCnitect shall perform at Services rPqutred pursuant to this Agreement in the
manner ants according to me sranoards ooserved Dy a competent practitioner of the profession in which
Arcn.tect s Prigactpo. Al, worK prooucts of whatsoever nature which Arcnitect delivers to the C ty pursuant to this
Agreement ;nasi De preparea in a manner conforming to the standaras of quality normally ooserved by a
persona practicing in the Arcnrtect's profession.
ARTICLE THIRTEEN: Miscellaneous Provisions
A. Meaning of Terms: Terms in this Agreement are intended and shall be construed as having the same meaning
as those terms have in the General Conditions of the Contract for construction to be prepared by City and
submitted to interested bidders during the Bidding Phase of the project.
B. Reuse of Plans:
(1) If the City reuses the plans in total or in part on this or any other site, or if City completes any uncompleted
portion of the project, Architect and all of its consultants shall be relieved of all responsibility for the
construction resulting from such reuse unless City enters into an agreement with Architect for services in
(connection therewith. City will remove Architect's name and seal from all drawings prior to reuse by City or
any third party.
(2) Architects shall not be entitled to any fees for such use of plans unless City enters into an agreement with
Architect for services in connection therewith.
C. Non -Discrimination in Employment Architect shall comply with Section 1735 of the Labor Code, which provides
as follows: "No discrimination shall be made in the employment of persons upon publicworks because of race,
religious creed, color, national origin, ancestry. physical disability, mental disability, medical condition, marital
status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every
contractor for public works violating this section is subject to all the penalties imposed for a violation of (Chapter
1 of Part 7, Division 2 of the Labor Code.)" This requirement also includes the provisions and requirements
contained in The Americans with Disabilities Act.
D_ Conflict of Interest:
(1) Architect shall, at all times in performance of this Agreement, comply with the law of the State of California
regarding conflicts of interest, including, but not limited to Article 4 of Chapter 1, Division 4, Title 1 of the
California Government Code, commencing with Section 1090, and Chapter 7 of Title 9 of said Code,
commencing with Section 87100, including regulation promulgated by the California Fair Political Practices
Commission.
(2) If any facts come to Architect's attention which raise any questions as to the applicability of this law, it will
immediately inform the Contract Administrator and provide all information needed for resolution of the
question
(3) Without limitation of the covenants in Subparagraphs 1 and 2. Architect is admonished hereby as follows:
These statutes, regulations and laws include, but are not limited to, a prohibition against any public officer.
including contractorfor this purpose, from making any decision on behalf of City in which such officer has a
direct or indirect financial interest. A violation occurs if the public officer influences or participates in any
City decision which has the potential to confer any pecuniary benefit on contractor or any business firm in
which contractor has an interest of any type, with certain narrow exceptions.
E. Authority by City: This Agreement shall not be considered as giving exclusive authority to Architect for
performing all services pertaining to the design and/or construction of the project. City may perform, or have
performed. any phase, or any portion of any phase, of the various professional services outlined in this
Agreement without liability or obligation to Architect. If the City elects to do so, it shall give its prior written notice
to Architect of the election, and the City agrees to defend, indemnify and hold harmless the Architect and
consultants trom any and ail actual damages which may arise out of such action by the City. This provision shall
remain in effect and survive the termination of this Agreement.
10
K:tWRPROJECTSIPARK5IGRAPE5QWL1ARGHJECTAGMT 360ARCHITECTURE.DOC 10120108
F. Assignment or Subletting: No performanceof this Agreement or any portion thereof maybe assigned or
subcontracted by the Architect without the express written consent of the City, and any attempt by the Architect
to do so without the City's prior written consent shall be null and void and wnstitute a material breach of this
Agreement. However, this clause shall not prohibit Architect from independently contracting with subcontractors
or subconsuitants on contract to Architect, to enable Architect to perform the professional services for City
required by this Agreement. In such event, Architect shall remain responsible and liable for the work product of
any subcontractor or subconsuitant.
G. Independent Contractor: It is understood and agreed that Architect is an independentcontractorand is not
subjectto the direction nor control of Cityexcept as to final result. Architect shall be solely responsibleto pay all
required taxes and other obligations. including, but not limited to withholding and social security. Architect
agrees to indemnify and hold the City harmlessfrom any liability referenced in this paragraph which City may
incurto the federal or state governments as a consequence of this Agreement.
H. Successors: This Agreement shall inure to the benefit and bind the successors of each of the parties.
i. Records: Architect shall maintain complete and accurate accounting records showing the services performed in
connection with performanceof this Agreement, the phase during which such serviceswere performed, and the
identify of the person(s) performing such services. Architect shall make such records availablefor inspection by
authorized representatives of the City at any reasonable time during the performanceof this Agreement and for
the period specified by City, no less than five (5) years from and afterthe date of final payment.
,l. Notice: Any notice, demand, request, consent approval or communication that either party desires or is required
to give the other party shall be in writing and eitherserviced personallyor sent by prepaid first-class mail, or the
equivalentthereof by private carrier. Any such writing shall be addressed to the address appearing on the first
page.
K. The City acknowledges that the Architect has no special knowledge or expertise with regard to asbestos or other
pollutants and that the Architect cannot obtain insurance coverage for claims involving hazardous, toxic, and/or
asbestos -containing materials or other pollutants. Therefore, the Architect, its agents, subconsuitants and
employees shall have no responsibilityfor, and the City agrees to bring no claim against the Architect, its agents,
subconsuitants and employees, relating to the investigation, detection, abatement, replacement, or removal of
asbestos material, or relating to sudden or gradual escape or release of hazardous contaminants of any kind into
or upon the land, the atmosphere, or any water course or body of water, exceptingonly such claims which arise
out of the sole negligenceor willful misconduct of the Architect, its agents, employees, or subconsuitants.
L. Governing Law: This Agreement shall be construed in accordance with and governed bythe laws of California
and any legal action arising therefrom shall be initiated in the courts of San Joaquin County, Stockton, California.
ARTICLE FOURTEEN: Extent of AgreementfWalver
A This Agreement representsthe entire and integrated agreement between the City and the Architect and
supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement maybe
amended only by written instrument signed by both the City and the Architect.
B. The waiver by the City or any of its officersor employees, or the failure of the City or any of its officers or
employees to take action with respectto any right conferred by or any breach of any term, covenant, or condition
of this Agreement shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent
breach of the same, or of any other term, covenant, or condition of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of
(month), (year).
360 —CA SCHROCK ARCHITECTS, P.C. CITY OF LODI
By:
Blair King, City Manager
By: Date:
Attest:
Title
Randi Johi, City Clerk
(CORPORATE SEAL)
Approved as to form:
D. Slgphen Schwabauer, CityAttomey
11
K;CWFI4PROJECTSiPARKSiGRAREBOWLIARC JTECTAGMT 3fi0ARCHITECTURE.DOC 10120100
bk, A lowAA, I U a I It
CITY OF LODI APPLICATION FOR PROGRAM YEAR 2007-08
GRAPE BOWL FOOTBALL STADIUM
PHASE 1 RENOVATION DESIGN & CONSTRUCTION
ENGINEER'S ESTIMATE
JANUARY, 2007
Description of Work
Quantity
1. Plans and Specifications-PhaseI
$325,000.00
(Archfte&ure and Engineering Fees)
$28,000.00
2. Cleating & Grubbing
5800 CY
Site Preparation
$180,000.00
3. Restroom, Elevator, Ticket Office Bldg
500 SF
4. Bridge Structure
2600 SF
5. Concrete Stairs
1120 SF
6. Elevator
1 EA
7. Plaza Area
12,000SF
8. Concrete Walkways
2500 SF
9. Railing/ Handrails
LS
10. Lighting
LS
Construction Sub -Total $957,730.00
25% Contingency $239,432,50
Construction Total $1.197.162.50
Unit Cost Total Cost
$225,000.00
6.85 $39,730.00
350.00
$175,000.00
125.00
$325,000.00
25.00
$28,000.00
100,000.00
$100,000.00
15.00
$180,000.00
8.00
$20,000.00
20,000.00
$20,000.00
70,000.00
$70,000.00
10
THREESIXTY ARCHITECTURE
360 Architecture
Hourly Rate Schedule
Senior Principal
PrincipallProject Director
Sustainability Facilitator
Senior Designer
Senior Project Manager
Project Man agerllntormation Technology Specialist
Senior Project Arch itectlGraphics Director
Designer
Project Architect/Project InteriorDesignerlGraphics Designerllt
Architectural Illustration
Senior Staff Arch itectllnterior Design erlGraphics Designerll
StaffArchitectllllnterior Designer I I/G raph ics Designerl
Staff Architectlllnterior Designer IlGraphics DesignerTech
Administrative Staff Support
CA Coordinator
StudentArchitectllnteriw Designer
$220-$270
$160-$210
$175
$150
$170
$140
$130
$120
$100
$90
$80
$70
$60
$50
$50
$45
Exhibit B
Please note that these are ou'cunent hourly categories and rates, which are subject to change based on annual salary
increases.
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A RESOLUTION OF THE LODI CITY COUNCIL AWARDING
CONTRACT FOR ARCHITECTURAL SERVICES FOR
GRAPE BOWL PHASE I RENOVATION AND AUTHORIZING
CITY MANAGER TO EXECUTE THE CONTRACT
WHEREAS, in answer to the request for proposals that was duly approved by the
City Council on February 6,2008, proposals were received and opened on August 25, 2008, at
5:00 p.m, for architectural services for the Grape Bowl Phase I Renovation; and
WHEREAS, based on review of the proposals, two firms were invited to participate in the
interview process. Based on the results of the interview process, staff recommends that the
contract for architectural services for the Grape Bowl Phase I Renovation be awarded to 360 —
CA Schrock Architects, of San Francisco, California, in the amount of $117,500.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award
the contract for architectural services for the Grape Bowl Phase 1 Renovation to 360 —
CA Schrock Architects, of San Francisco, California, in the amount of $117,500; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to execute the contract.
Dated: November 5,2008
-----------------------------
I hereby certify that Resolution No. 2008-21I was passed and adopted by the Lodi City
Council in a regular meeting held November 5, 2008, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS— Hitchcock, Hansen, Johnson, Katzakian, and
Mayor Mounce
COUNCIL MEMBERS— None
COUNCIL MEMBERS— None
COUNCIL MEMBERS — None
2008-211
DI JOHL
City Clerk