HomeMy WebLinkAboutBFGC Architecture - Building Shell Improvements City Hall Annex CONSULTANT SERVICES AGREEMENT
FOR THE
COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO
Architectural Services for Building Shell Improvements for
City Hall Annex
This agreement is made upon the date of execution, as set forth below, by and between
BFGC Architecture, hereinafter referred to as "Consultant", and the Atascadero
Redevelopment Agency, hereinafter referred to as "Agency". The parties hereto, in
consideration of the mutual covenants contained herein, hereby agree to the following
terms and conditions:
1.00 GENERAL PROVISIONS
1.01 TERM: This agreement will become effective on the date of execution set
forth below, and will continue in effect until terminated as provided herein.
1.02 SERVICES TO BE PERFORMED BY CONSULTANT: Consultant agrees to
perform or provide the services specified in "Description of Services" attached hereto as
"Exhibit A" hereby incorporated herein.
Consultant shall determine the method, details and means of performing the
above-referenced services.
Consultant may, at Consultant's own expense, employ such assistants, as
Consultant deems necessary to perform the services required of Consultant by this
agreement. Agency may not control, direct or supervise Consultant's assistants or
employees in the performance of those services.
1.03 COMPENSATION: In consideration for the services to be performed by
Consultant, Agency shall pay and Consultant shall receive therefor compensation as set
for in "Exhibit B".
2.00 OBLIGATIONS OF CONSULTANT
2.01 MINIMUM AMOUNT OF SERVICE BY CONSULTANT: Consultant agrees
to devote the hours necessary to perform the services set forth in this agreement
in an efficient and effective manner. Consultant may represent, perform services
for and be employed by additional individuals or entities, in Consultant's sole
discretion, as long as the performance of these extra-contractual services does
not interfere with or presents a conflict with Agency's business.
2.02 TOOLS AND INSTRUMENTALITIES: Consultant shall provide all tools and
instrumentalities to perform the services under this agreement.
ATASCADERO CITY HALL ANNEX Page 2
SCOPE OF WORK
October 4, 2004
2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS:
Agency and Consultant intend and agree that Consultant is an independent Consultant
of Agency and agrees that Consultant and Consultant's employees and agents have no
right to worker's compensation and other employee benefits. If any worker insurance
protection is desired, Consultant agrees to provide worker's compensation and other
employee benefits, where required by law, for Consultant's employees and agents.
Consultant agrees to hold harmless and indemnify Agency for any and all claims arising
out of any claim for injury, disability, or death of any of Consultant and Consultant's
employees or agents.
2.04 INDEMNIFICATION: Consultant hereby agrees to, and shall, hold Agency,
its elective and appointive boards, officers, agents and employees, harmless and shall
defend the same from any liability for damage or claims for damage, or suits or actions
at law or in equity which may allegedly arise from Consultant's or any of Consultant's
employees' agents' negligent operations, errors and omissions, be by Consultant or by
any one or more persons directly or indirectly employed by, or acting as agent for,
Consultant; provided as follows:
a. That the Agency does not, and shall not, waive any rights against
Consultant which it may have by reason of the aforesaid hold-harmless
agreement, because of the acceptance by Agency, or the deposit with Agency by
Consultant, of any of the insurance policies hereinafter described.
b. That the aforesaid hold-harmless agreement by Consultant shall apply to
all damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid negligent operations of
Consultant or any agent or employee of Consultant regardless of whether or not
such insurance policies shall have been determined to be applicable to any of
such damages or claims for damages.
2.05 INSURANCE: Consultant shall not commence work under this contract until s/he
shall have obtained all insurance required under "Exhibit C".
3.00 OBLIGATIONS OF CITY
3.01 COOPERATION: Agency agrees to comply with all reasonable requests
of Consultant necessary to the performance of Consultant's duties under this
agreement.
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October 4, 2004
4.00 TERMINATION OF AGREEMENT
4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of
this agreement, at any time, without cause by giving at least thirty (30) days prior written
notice to the other parties to this agreement.
4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This
agreement shall terminate automatically on the occurrence of any of the following
events:
1. Bankruptcy or insolvency of any party;
2. Sale of the business of any party;
3. Death of any party,
4. The end of the thirty (30) days as set forth in Section 4.01;
5. End of the contract to which Consultant's services were necessary; or
6. Assignment of this agreement by Consultant without the consent of the City.
4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONSULTANT:
Should any party default in the performance of this agreement or materially breach any
of its provisions, a non-breaching party, at their option, may terminate this agreement,
immediately, by giving written notice of termination to the breaching party.
4.04 TERMINATION: This Agreement shall terminate one year from the date
of execution unless extended as set forth in this Section. The Agency, with the
agreement of the Consultant, is authorized to extend the term of this Agreement beyond
the termination date, as needed, under the same terms and conditions set forth in this
Agreement. Any such extension shall be in writing and be an amendment to this
Agreement.
5.00 SPECIAL PROVISIONS
5.01 OWNERSHIP OF DATA: The ownership of all data collected for use by
Consultant under this Agreement, together with working papers, diagrams, and other
material necessary to a complete understanding of the project and necessary for the
practical use of the project shall be vested in Agency following compensation to
Consultant for services covered by the terms of this Agreement. Consultant may retain
a copy of all work for his own use.
Consultant shall provide copies for each Deliverable item to Agency as part of this
Agreement. At the completion of each design phase, as outlined in "Exhibit A", the
Consultant shall submit all Sub-Consultants calculations and/or reports relative to the
Project and deliver them to the Agency as part of this Agreement.
The Consultant shall perform the work required under this Contract with the assistance
ATASCADERO CITY HALL ANNEX Page 4
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October 4, 2004
of Computer Aided Design and Drafting (CADD) technology, and Word. The Consultant
shall deliver to the Agency, on request, the discs or CDS that contain the files and the
files shall be in AutoCAD Architectural Desktop Release 2 (Autocad 2000) format and
specifications shall be delivered to the Agency on disc in Word format (converted from
Word Perfect).
In order to precisely document the CADD information given to the Agency, Consultant
and Agency shall each sign a "hard" copy of reproducible documents that depict the
information distributed at that time. The Agency understands that the information
contained in said CADD files may not agree with the final construction drawings
provided by Consultant. Agency agrees to release, indemnify and defend Consultant
from any liability, damages, and/or claims that arise due to any changes made to this
information subsequent to it being given to the Agency.
6.00 MISCELLANEOUS
6.01 REMEDIES: The remedies set forth in this agreement shall not be
exclusive but shall be cumulative with, and in addition to , all remedies new or hereafter
allowed by law or equity.
6.02 NO WAIVER: The waiver of any breach by any party of any provision of
this agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of this agreement.
6.03 ASSIGNMENT: This agreement is specifically not assignable by
Consultant to any person or entity. Any assignment or attempt to assign by Consultant,
whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a
material breach of this agreement giving rise to a right to terminate as set forth in
Section 4.03.
6.04 ATTORNEY FEES: In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to this agreement, or the breach
thereof, the prevailing party shall be entitled, in addition to other such relief as may be
granted, to a reasonable sum as and for attorney fees.
6.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided
for in this agreement, should the performance of any act required by this agreement to
be performed by either party be prevented or delayed by reason by any act of God,
strike, lockout, labor trouble, inability to secure materials, or any other cause except
financial inability not the fault of the party required to perform the act, the time for
performance of the act will be extended for a period of time equivalent to the period of
delay and performance of the act during the period of delay will be excused; provided,
however, that nothing contained in this Section shall exclude the prompt payment by
either party as required by this agreement or the performance of any act rendered
ATASCADERO CITY HALL ANNEX Page 5
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October 4, 2004
difficult or impossible solely because of the financial condition of the party required to
perform the act.
6.06 FEMA/OES/SHPO FUNDING: Consultant shall cooperate with Agency in
its efforts to obtain FEMA/OES/SHPO and any other funding potentially available with
regards to the City Hall Earthquake Repairs. Consultant shall not unreasonably
withhold its concurrence with any amendments to this agreement that may be
necessary to secure such funding.
6.07 NOTICES: Except as otherwise expressly provided by law, any and all
notices or other communications required or permitted by this agreement or by law to be
served on or given to any party to this agreement shall be in writing and shall be
deemed duly served and given when personally delivered or in lieu of such personal
service when deposited in the United States mail, first-class postage prepaid to the
following address for each respective party:
PARTY ADDRESS
A. ATASCADERO 6905 EI Camino Real, Suite 6
REDEVELOPMENT Atascadero, CA 93422
AGENCY Attention: Executive Directors Office
B. William R. Tuculet, AIA 4115 Broad St., Suite B6
BFGC Architecture San Luis Obispo, CA 93401
6.08 GOVERNING LAW:This agreement and all matters relating to this
agreement shall be governed by the laws of the State of California in force at the time
any need for the interpretation of this agreement or any decision or holding concerning
this agreement arises.
6.09 BINDING EFFECT: This agreement shall be binding on and shall inure to
the benefit of the heirs, executors, administrators, successors and assigns of the parties
hereto, but nothing in this Section shall be construed as a consent by Agency to any
assignment of this agreement or any interest in this agreement.
6.10 SEVERABILITY: Should any provision of this agreement be held by a
court of competent jurisdiction or by a legislative or rulemaking act to be either invalid,
void or unenforceable, the remaining provisions of this agreement shall remain in full
force and effect, unimpaired by the holding, legislation or rule.
6.11 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the
sole and entire agreement between the parties with respect to the subject matter hereof.
This agreement correctly sets forth the obligations of the parties hereto to each other as
of the sate of this agreement. All agreements or representations respecting the subject
ATASCADERO CITY HALL ANNEX Page 6
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October 4, 2004
matter of this agreement not expressly set forth or referred to in this agreement are null
and void.
6.12 TIME: Time is expressly declared to be of the essence of this agreement.
6.13 DUE AUTHORITY: The parties hereby represent that the individuals
executing this agreement are expressly authorized to do so on and in behalf of the
parties.
6.14 CONSTRUCTION: The parties agree that each has had an opportunity to
have their counsel review this agreement and that any rule of construction to the effect
that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this agreement or any amendments of exhibits thereto. The captions of
the sections are for convenience and reference only, and are not intended to be
construed to define or limit the provisions to which they relate.
6.15 AMENDMENTS: Amendments to this agreement shall be in writing and
shall be made only with the mutual written consent of all of the parties to this
agreement.
Executed on: October 4, 2004, at Atascadero
Attest: CITY OF ATASCADERO
- ---/ V 1— By: V"
O& 6, V'6�
Marcia McClure Yorgerson, C. .C. Wade G. McKinney
Board Secretary Executive Director
Apprdv to fo
C
By: �,�,...o....�
Pa'-triq�,Enro William R. Tuculet, AIA
Board Coun el BFGC Architecture
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EXHIBIT `A'
SCOPE OF WORK
TASK 3 SCHEMATIC DESIGN:
Develop Concept Layouts:
• Including all enhancements/upgrades to the site, building, and exterior
character of the
building.
Meet with Design Committee to discuss concepts:
• All Concept Layouts are presented to the design committee for selection of
one concept to
pursue.
• Discuss Phasing Options.
Final schematic plans are then developed and a refined site plan, floor plans and
elevations are
presented to City Staff:
• Presentation plans, outline specifications, and preliminary statements of
probable cost are
developed for presentation to Staff and City Council for approval. (If
necessary)
Work Product:
Site arrangement and building alternatives
Building presentation plans with colored interior/exterior elevation/materials
sample board.
Preliminary layout of needed structural, HVAC, and electrical engineered
systems.
Schematic statement of probable construction cost calculated on a cost per
square foot basis.
Outline specifications.
TASK 4 DESIGN DEVELOPMENT:
Determine the exact size, profile and character of the interior/exterior project and
site to form a
solid basis for final construction documents.
• Crucial engineering and finish material decisions.
• Coordination of engineered systems.
• Issues such as accessibility requirements and building maintenance are
resolved.
• City participation in this process is key. The decisions made during this phase
have to strike a
balance between the initial cost of construction and the maintain-
ability/livability of the project.
Work Product:
SEPARATE PACKAGES
• Develop documents necessary to facilitate fast track permit and construction
process.
• Cost Control Review/Value Engineering.
• Architectural, civil, landscape, structural, mechanical, plumbing, electrical,
communications
plans that show layout and general engineering of all work to be
accomplished.
• Preliminary engineering calculations.
• Preliminary product and material specifications.
• Design development statement of probable construction cost calculated on a
cost per square
foot basis.
TASK 5 CONSTRUCTION DOCUMENTS:
Produce the complete set of construction documents.
• The construction document set includes all plans, specifications, and
engineering reports and
calculations.
Work Product:
PACKAGE
• Obtain building permits for separate fast track scope of work packages.
• Final Construction plans and specifications, including Architectural, Civil
Engineering (on-site),
Landscape Architecture, Structural Engineering, and
Mechanical/Electrical/Plumbing
Engineering.
• Final Engineering calculations.
• Pre-Bid statement of probable construction cost calculated on a cost per
square foot basis.
• Obtain separate building permits to "Fast Track" project.
TASK 6 BID PROCESS:
Guide the bid process and provide timely, comprehensive and accurate
responses to issues that
arise during the bidding.
Work Product: SEPARATE PACKAGES
• Assist with compiling bid documents - Coordinate with City "Boiler Plate."
• Attendance at Pre-Bid Site Walk-Through with contractors.
• Bid Clarifications and Addendum.
• Bid receipt and evaluation.
TASK 7 CONSTRUCTION PHASE:
The BFGC Construction Administrator reviews and processes the contractor's
submittals,
requests for information, and supplementary instructions, and issues proposal
requests, and
processes contract change orders.
• Facilitate a pre-construction meeting.
• Periodic site visits during the construction are conducted by the BFGC
Construction
Administrator.
• BFGC reviews the contractor's substitution requests and reviews/approves
payment requests.
ATASCADERO CITY HALL ANNEX Page 10
SCOPE OF WORK
October 4, 2004
Work Product: SEPARATE PACKAGES
• Written clarification and response to RFI's during construction.
• Preparation of Change Orders.
• Construction observation.
• Review and processing of contractor pay requests.
• Submittal and shop drawing review.
• Final walk-through and punch-list.
• Review of contractor-provided Record Drawings of construction revisions.
• Review of contractor-provided Record Set of approved material submittals.
• Review of contractor-provided Record Sets of Operation and Maintenance
Manuals.
e
EXHIBIT B
COMPENSATION
Cost based on time and material, not to exceed $64,750.00.
EXHIBIT C
INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance of
the work hereunder by the Consultant, its agents, representatives, employees, or subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds
as respects: liability arising out of activities performed by or on behalf of the Consultant; products
and completed operations of the Consultant; premises owned, occupied or used by the
Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not
be suspended, voided, canceled by either party, reduced in coverage or in limits except after
thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to
the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
ftt&t. BSc.
Transmittal
Date: Vvl 5'Woo
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Subject/Project: G �Y /�hr Project No.: D¢19l 00�
DSAFile No.: DSA Application No.:
Re:
Arc;nitect.�re You should receive page(s) including this cover sheet
Oakland
Sin,lase
Bakersfiaid
San t..tliS ObisPo
1l
4115 Broad St, Suite B6
San LWS Obispo, CA 93401
805.546.0433
Fax 805.545.0504
IF THERE ARE ANY PROBLEMS RECEIVING THIS TRANSMISSION, PLEASE CALL BFGC
ARCHITECTS PLANNERS INC. AT (805) 546-0433. TO SEND FAX TO BFGC, DIAL
(805) 546-0504
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