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HomeMy WebLinkAbout28 - NB-1 - Attachment 6 - 11/17/2015ATTACHMENT 6 New Donald Dungan Library, Neighborhood Community Center and Park Improvements Project — Phase 1 and Phase 2 PROJECT SCOPE The Project, located in Lions Park, includes three projects to be completed in two successive phases. The three projects: 1) New two-story 20,000 — 22,000 SF Library; 2) Lions Park Improvements to include street -front improvements for portions of Park Avenue and Anaheim Avenue and construction of a new surface parking lot accessed from Anaheim Avenue and located in front of the Costa Mesa Historical Society; and 3) renovation of the existing Donald Dungan Library building (8,700 GSF) to be re - purposed as the new Neighborhood Community Center. PHASE 1 The Phase 1 Project includes design and construction of the new library, the Lions Park Improvements Project and demolition of the existing Neighborhood Community Center (NCC) and parking lot. The Lions Park Improvements Project includes approximately 2.45 acres of on-site re -development, increasing usable park open space by approximately 1 acre overall. Included in Lions Park Improvements is a 700 - 800 SF snack and beverage service kiosk to serve the park and all facilities in the park. Also included are off-site, street -front improvements on Park Avenue and Anaheim Avenue. Off-site street -front improvement on Park Avenue totals approximately 580 LF of street frontage, 17,430 SF in area and includes new sidewalk, entrance driveway, curb and gutter, parkway landscaping, street trees, street furnishings and 27 new parking spaces. Off-site street -front improvement on Anaheim Avenue totals approximately 145 LF of street frontage, 2,350 SF in area and includes new sidewalk, entrance driveway, curb and gutter, parkway landscaping and street trees. The new surface parking lot provides 22 new parking spaces. Phase 1 construction cost is estimated to be $20.8M. The estimated cost includes the new Library at approximately $14.7M and Lions Park Improvements at approximately $6.1 M. PHASE 2 The Phase 2 Project includes renovation of the existing 8,700 SF Donald Dungan Library to be re -purposed as a new community meeting center. The renovation includes minor floor area expansion totaling approximately 600 SF to include a new catering kitchen, new exterior glazing and entrance doors, seismic upgrades, new mechanical equipment, electrical panels, new lighting, audiovisual/ information technology equipment and infrastructure. Also included are a new walled loading/delivery area to serve the facility, site landscaping immediately surrounding the building and new slurry coat finish and re - striping of the Park Avenue surface parking lot that fronts the building. Phase 2 construction costs are estimated at $3.5M for renovation and expansion of the building and approximately $500K for site and parking lot improvements. The Consultant shall target LEED Gold per the U.S. Green Building Council (USGBC) rating system. The Consultant shall coordinate with the City to evaluate and incorporate cost effective elements that will result in this rating. From Schematic Design through Construction Document phases, the Project Phases will be separated and developed simultaneously as two distinct project and document packages to enable each project to be bid separately and constructed at different times. Both drawing packages will contain a "front end" section" illustrating both projects together as necessary to illustrate the relationship of the project components of each phase for permit. It is anticipated at this time that both Phase 1 and Phase 2 shall be submitted for Building Department plan review and permit at the same time. The proposed construction delivery method for Phase 1 and Phase 2 is to be Design/Bid/Build. BASIC DESIGN SERVICES The Consultant as Architect -of -Record will manage and coordinate all design and document preparation tasks through the phases identified below. The Consultant shall provide the services of external sub -consultants, or professional expertise from its own staff in at least the following disciplines: • Library Consultant • Structural Engineering • Mechanical, Electrical & Plumbing Engineering • Civil Engineering • Site Surveyor (survey update) • Landscape Architecture • Lighting Design • Interior Design • Food Service/Kitchen Design • Information/Technology- Data Telecom • Audio-visual Design • Security • Signage/Graphics Design • Sustainable Design/LEED Page 2 of 22 • Acoustical • Code Consultation • Specification Writing • Cost Estimating • Geotechnical • CGI Renderer SCHEMATIC DESIGN (PHASE 1 AND PHASE 2) In cooperation with the City, the Consultant shall prepare documents illustrating the scale and relationship of project components (Schematic Design Documents) for Phase 1 and Phase 2 of the Project. The documents shall include but not be limited to a site plan, enlarged site plans, floor plans, elevations, site sections, site elevations, outline specifications and other documents necessary and as required to illustrate the proposed project scope and concept. The Consultant shall incorporate the proposed program and functional requirements as approved by the City and established in the Pre - Design Phase into the Schematic Documents. 2. The Schematic Design documents shall include preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 3. The Consultant shall meet with the City at intervals as necessary to develop the design and review progress drawings and other documents which depict Schematic status of the Project. 4. Two (2) Community/Stakeholder Workshops are proposed during this phase in order to update Project design progress and solicit comment. 5. The Consultant shall target LEED Gold per the U.S. Green Building Council (USGBC) rating system and provide Phase 1/Phase 2 LEED checklists and reports indicating probable design credits for the Project and assignment of Sub -Consultant responsibility for ensuring each measure is properly applied to the Project. 6. The Consultant shall coordinate as required with City and County Library Staff for this Project in order to confirm compliance with City Standards and to develop furniture and equipment plans for the Project that are consistent with City and County requirements and standards. Page 3 of 22 7. The Consultant shall prepare a preliminary site development package to include civil plans illustrating demolition and removals (including removal of the solar panels on the NCC); grading and paving; hydrology calculations and drainage (to include potential detention basins and/or bio-swales) and all utility services. 8. The Consultant has the sole responsibility for preparing documentation of the preliminary design for review and comment by all appropriate agencies and utility providers, including but not limited to the City of Costa Mesa, Mesa Consolidated Water District, Southern California Gas, AT&T Broadband, Pacific Bell and SCE. The Consultant is not responsible for the actions, non - actions, change of action by these agencies and utility providers after all efforts are made by the Consultant to solicit review and to incorporate all review comments. All work associated with change -of -action based on previous direction by the agencies identified will be considered Additional Services. 9. The Consultant shall develop phasing plans to address shared utility connections to existing and proposed buildings so as to maintain all utility service during construction and at the completion of each phase. The Consultant shall review with the City proposed potential contractor staging, lay -down and logistics in Lions Park, interim parking, site access and building access during construction so as to best minimize disruption of existing building and park operations. 10. The Consultant shall prepare an Estimated Project Construction Cost Estimate for Phase 1 and Phase 2 in a format acceptable to the City at 100% completion of Schematic Design, the purpose of which is to show the probable construction cost in relation to the City's Construction Budget. If the Consultant perceives site considerations or City project requirements which render the project cost prohibitive, the Consultant shall disclose such conditions in writing to the City immediately. 11. The Consultant shall make presentations of the Schematic Design documents for Phase 1 and Phase 2 and 100% Phase 1/Phase 2 Schematic Design Cost Estimates to the Parks and Recreation Commission, the Planning Commission and the Costa Mesa City Council in order to update design progress, solicit comment and obtain approval for the Schematic Design project scope and budget. 12. All cost estimates will be reconciled with a City/Project Management Cost Estimate developed by an independent third party cost estimator. The City shall prepare at City's discretion and at its own expense the independent third party estimates of probable construction costs. The Consultant shall attend Page 4 of 22 one (1) cost reconciliation meeting with the third party cost estimator for the purpose of reconciling the 100% Phase 1/ Phase 2 Schematic Design Estimated Project Construction Costs. 13. The City and the Consultant shall meet to review the provisional Phase 1/Phase 2 Schematic Design Documents and Cost Estimates in order to reach agreement on any City -authorized adjustment to the approved Project schedule or construction budget and identify any necessary clarifications of the provisional Schematic Design Documents. 14. The Consultant shall make all City -requested changes, additions, deletions and corrections in the Schematic Design Documents which may result from the City's or any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of the public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Consultant's professional judgment. If such changes are inconsistent with prior City direction, Consultant shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement. 15. Unless the City agrees otherwise in writing, the Consultant shall revise respective provisional Schematic Design documents and Cost Estimates to reflect adjustments and clarifications agreed upon in the review meeting and resubmit Schematic Design documents and Cost Estimates to the City. Once approved, the revised Schematic Design documents shall become the final Schematic Design Documents. 16. If the City has not authorized in writing a revision to the project scope and the Estimated Project Construction Cost based on Schematic Design documents exceeds the City's Construction Budget by more than ten percent (10%), the City may request the Consultant to amend, at the Consultant's sole cost and expense, the Schematic Design Documents in order to meet the City's Construction Budget. DESIGN DEVELOPMENT (PHASE 1 AND PHASE 2) Upon written approval by the City of the Schematic Design documents for Phase 1 and Phase 2 and the 100% Phase 1/Phase 2 Schematic Design Estimated Project Construction Cost, the Consultant shall prepare Design Development documents consisting of but not limited to site plans, enlarged site plans, building floor plans, enlarged floor plans, site sections, building sections, building elevations, typical construction details, finish schedules indicating finish selection, interior elevations, outline specifications and other Page 5 of 22 drawings and documents sufficient to fix and describe the scope, relationship, size, appearance and character of Phase 1 and Phase 2 project components. 2. Design Development documents shall include Mechanical, Electrical and Plumbing system designs and equipment layouts including single line diagrams and an energy analysis report. 3. The Consultant shall provide interior and exterior lighting design services to include lighting design plans and schedules and photometric calculations as required for permit and to confirm minimum or maximum light levels for site development and building areas, including parking lots, path of travel and emergency egress . 4. The Consultant shall update the LEED checklists for Phase 1 and Phase 2 and report identifying probable design credits for the Project and prepare as needed concept cost/benefit analysis of individual design elements for review and consideration by the City. 5. The Consultant team shall include an arborist to prepare a report to determine the type, location and health of all trees within the Project scope area and prepare an existing tree inventory plan to provide a basis for a tree removal, tree protection and tree planting plan for the Project scope area. 6. The Consultant shall finalize storm water and design drainage plans and incorporate site features in conformance with the guidelines of the Governing Agency and as required to comply with the Orange County Stormwater Program. 7. The Consultant shall take the lead role in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with both phases of the Project. 8. The Consultant shall interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (ADA). The Consultant shall identify all non-compliant construction within the Project scope area and complete plans and specifications for site and building improvements within the Project scope area as required to correct or remove non-compliant construction as required for permit, including, but not limited to path of travel, curb ramps and accessible parking. 9. The Consultant shall meet with the City at intervals as necessary to develop the design and to review progress drawings and other documents which depict Design Development status of the Project. Page 6 of 22 10. The Consultant shall establish an updated Phase 1/ Phase 2 Estimated Project Construction Costs at 100% completion of Design Development documents containing detail consistent with the Design Development documents. 11. One (1) Community/Stakeholder Workshop is proposed during this phase in order to update Project design progress and solicit comment. 12. The Consultant shall make presentations of the Phase 1/Phase 2 Design Development documents and Phase 1/Phase 2 100% Design Development Cost Estimates to the Parks and Recreation Commission, the Planning Commission and the Costa Mesa City Council in order to update design progress, solicit comment and obtain approval for the Design Development project scope and budget. 17. All cost estimates will be reconciled with a City/Project Management Cost Estimate developed by an independent third party cost estimator. The City shall prepare at City's discretion and at its own expense the independent third party estimates of probable construction costs. The Consultant shall attend one (1) cost reconciliation meeting with the third party cost estimator for the purpose of reconciling the Phase 1/Phase 2 100% Design Development Estimated Project Construction Costs. 13. The City and the Consultant shall meet to review the provisional Phase 1/Phase 2 Design Development Documents and Cost Estimates in order to reach agreement on any City -authorized adjustment to the approved Project schedule or construction budget and identify any necessary clarifications of the provisional Design Development Documents and/or the 100% Design Development Cost Estimates. 14. The Consultant shall make all City -requested changes, additions, deletions and corrections in the Design Development documents which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of the public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Consultant's professional judgment. If such changes are inconsistent with prior City direction, Consultant shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement. 15. Unless the City agrees otherwise in writing, the Consultant shall revise provisional Design Development documents and Cost Estimates to reflect adjustments and clarifications agreed upon in the review meeting and resubmit Design Development documents and Cost Estimates to the City. Page 7 of 22 Once approved, the revised Design Development documents shall become the final Design Development Documents. 16. If the City has not authorized in writing a revision to the project scope and the Phase 1/Phase 2 Estimated Project Construction Costs based on Design Development documents exceeds the City's Construction Budget by more than ten percent (10%), the City may request the Consultant to amend, at the Consultant's sole cost and expense, the Design Development Documents in order to meet the City's Construction Budget. CONSTRUCTION DOCUMENTS (PHASE 1 AND PHASE 2) Based upon approved Phase 1/Phase 2 Design Development Documents, the approved updated project Construction Budget, the Consultant shall prepare, for approval by the City, Phase 1 and Phase 2 Construction Documents consisting of drawings and other documents setting forth in detail the requirements for construction of the Project. The Consultant shall prepare complete drawings and specifications as are necessary for developing complete bids for Phase 1 and Phase 2 and for properly executing the Project work. Phase 1/Phase 2 Drawings and Specifications shall set forth in detail all of the following: 1) the Project construction work to be done; 2) the materials, workmanship, finishes, and equipment required for the Project; and 3) the utility service connection equipment and site work. 2. The Consultant shall update the Phase 1/Phase 2 LEED checklists and report identifying probable design credits for the Project. The Consultant team shall incorporate in the technical specifications and drawings language sufficient to ensure performance and construction of Project Components related to achieving LEED Silver certification. 3. The Phase 1/ Phase 2 Construction Documents and Specifications must be in such form as will enable the Consultant and the City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. 4. It will be necessary to satisfy the requirements of the National Pollution Discharge Elimination System (NPDES) General Permit for Construction Activities. The Consultant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) which will include Best Management Practices (BMP's) that outline standard practices that can be implemented to decrease the discharge of pollutants into storm drains during construction operation on the site. Page 8 of 22 5. The Consultant shall submit a written Phase 1/Phase 2 Estimated Project Construction Costs for the project based on the Phase 1 / Phase 2 Construction Document Phase Documents at 50% completion and 100% completion. Construction Document Phase documents shall be consistent with the Project Construction Budget and if not in conformance shall be revised until approved in writing by the City. 6. All cost estimates will be reconciled with a City/Project Management Cost Estimate developed by an independent third party cost estimator. The City shall prepare at City's discretion and at its own expense the independent third party estimates of probable construction costs. The Consultant shall attend one (1) cost reconciliation meeting at each Construction Document milestone with the City third party cost estimator for the purpose of reconciling the 50% and 100% Construction Document Estimated Project Construction Cost. 7. The City and the Consultant shall meet to review the provisional Phase 1/ Phase 2 100% Construction Documents and Cost Estimates in order to reach agreement on any City -authorized adjustment to the approved Project schedule or construction budget and identify any necessary clarifications of the provisional Construction Documents and Construction Document cost estimates. 8. The parties agree that the Consultant, and not the City, possess the requisite expertise to determine the constructability of the Construction Documents and Specifications. However, the City reserves the right to conduct one or more constructability review processes with the Construction Documents, and to hire an independent architect or other consultant to perform such reviews. Any such independent constructability reviews shall be at the City's expense. 9. The Consultant shall make all City -requested changes, additions, deletions and corrections in the Construction Documents which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of the public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Consultant's professional judgment. If such changes are inconsistent with prior City direction, Consultant shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement. 10. Unless the City agrees otherwise in writing, the Consultant shall revise provisional Construction Documents and Cost Estimates to reflect adjustments and clarifications agreed upon in the review meeting and resubmit Construction Documents and Cost Estimates to the City. Once approved, the revised Construction Documents shall become the final 100% Construction Documents. Page 9 of 22 PERMITS AND BIDDING (PHASE 1 AND PHASE 2) The City, with input and assistance from the Consultant, shall develop the documents describing Contract, General Conditions, Supplementary General Conditions, Special Conditions, other necessary conditions of the contract, Division One of the Project Manual (i.e. City standards for construction, specifications, and the contract), Sample Forms, prequalification requirements and forms, and any other certifications and documents required by laws, rules and regulations which may be reasonably required in order to obtain General Contractor bids responsive to the Construction Documents. Excluded work in this phase includes development and preparation of: 1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms and 2) the Conditions of the contract for Construction (General, Supplementary and other Conditions). 2. There will be two separate Bidding Phases for Phase 1 and Phase 2, separated by approximately 20 months. 3. Upon completion of Phase 1/Phase 2 Construction Documents and incorporation of changes, additions, deletions and corrections resulting from the constructability review, Phase 1 and Phase 2 Construction Documents shall be submitted to the appropriate federal, state, regional or local permitting agencies concerned with the Project. 4. Upon incorporation of permitting agency comments the Consultant shall schedule a back -check review with the permitting agency. Any back check changes required by the permitting agency shall be incorporated into the Construction Documents. 5. The Consultant shall submit written final Phase 1/ Phase 2 Estimated Project Construction Costs for the project based on the Construction Documents incorporating all constructability and permitting agency comments. 6. During the Phase 1 and Phase 2 Bidding Process, the Consultant shall respond to requests for information or clarification. The Consultant shall respond only to questions or requests for clarifications concerning the Construction Documents that are submitted by the City or the Contractor. Any such questions or requests for clarifications from bidders must be submitted through the City/Contractor. Page 10 of 22 7. The Consultant shall prepare for Phase 1 and Phase 2 any required addenda to the Construction Documents in the City's format for approval and distribution by the City. CONSTRUCTION ADMINISTRATION PHASE (PHASE 1 AND PHASE 2) All Construction Administration services identified below are provided for Phase 1 and Phase 2, which are non -concurrent phases. At this time, the Project Schedule anticipates the Construction Administration Phase for Phase 2 to commence with completion of Phase 1 and move -out of the existing library or within 2 months of completion of Phase 1 and move -out of the existing library (See Exhibit C.1). 2. The Consultant shall provide general administration of the Construction Documents and the work performed by the Contractor and Sub -contractors. The Consultant shall observe work executed from the Construction Documents. 3. The Consultant shall provide services during the Construction Phase under management and oversight of the City's Project Manager (PM) for the Project. 4. All Consultant communication with the contractor during Bidding and Construction Phases shall be through the PM. 5. The Consultant shall review the project schedule, schedules of shop drawing submittals and schedules of values prepared by the construction contractor and consult with the PM concerning their acceptability. 6. The Consultant shall conduct site visits to observe each contractor's work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such visits shall be conducted weekly or as often as are necessary and appropriate to the stage of construction. Such visits may be in conjunction with the Project's construction meetings. 7. The Consultant shall cause all architects, engineers and other consultants, as may be hired by the Consultant or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents. Page 11 of 22 8. The Consultant shall attend all construction meetings and confirm written reports/minutes produced by the PM after each construction meeting in order to keep the City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the PM's sole discretion, but no less than weekly. 9. The Consultant shall make written reports to the PM as necessary to inform the PM of problems arising during construction, changes contemplated as a result of such problems and progress of the Project work. The Consultant shall not have control over the acts or omissions of the contractors, subcontractors or their agents or employees, or of any other persons or entities performing or supplying portions of the work which were not employed or hired by the Consultant. 10. The Consultant shall review, process, and approve all submissions for compliance with the Construction Documents and respond to such submissions in a timely manner so as to not delay the progress of the schedule or construction work. The Consultant's review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work. 11. The Consultant shall evaluate and advise the PM of any Change Requests and material change(s) which may be requested or necessary in the Project plans and specifications. The Consultant agrees to comply with the PM's change request process and shall provide the PM with its opinion as to whether such change requests should be approved. 12. The Consultant shall be responsible for initiating the LEED certification process with USGBC and for implementing and guiding the process throughout the construction and close-out of the Project including review of submittals to ensure compliance with LEED goals. 13. The Consultant, upon request by the City or City's representative, shall examine and provide feedback on the construction contractor's application for payment based on the Consultant's observations at the site. Such certification for payment shall not be a representation that the Consultant has: 1) made exhaustive or continuous on-site inspections of the work for which payment is sought; 2) reviewed construction means, methods, techniques, sequences or procedures for the work for which payment is sought; 3) ascertained how and for what purpose the contractor has used money previously paid; or 4) certified that the work for which payment is sought is without defects. 14. The Consultant shall determine the date of substantial completion, in consultation with the PM, and complete and submit the appropriate form to the PM. Page 12 of 22 15. After determining that the Project is substantially complete, the Consultant shall participate in the inspection of the Project and shall prepare a Punch List of all remaining deficiencies and minor items needed to be corrected or completed on the Project. The Consultant shall notify the PM of all Punch List Items. 16. The Consultant shall cause all other architects, engineers and other consultants, as may be hired by the Consultant, to file any and all required documentation with governmental authorities necessary to close out the Project. The Consultant shall assist the PM in obtaining such documentation from all other architects, engineers, or other consultants. PROJECT CLOSE-OUT PHASE (PHASE 1 AND PHASE 2) 1. All Project Close-out Phase services identified below are provided for Phase 1 and Phase 2, which are non -concurrent phases. At this time, the Project Schedule anticipates the Project Close-out Phase for Phase 2 to commence approximately 12 —14 months after construction completion of Phase 1 (See Exhibit C.1). 2. The Consultant shall incorporate all RFI, Addenda and Bulletins and Contractor as -built files into the Construction Documents and issue BIM digital files authored in an approved software application, as described by the City BIM Standards. Graphic Design/Signage Design document files shall be delivered as Illustrator files and in PDF format only. 3. The Consultant shall review the Contractor furnished as -built files for completeness. 4. The Consultant shall review all warranties, guarantees and final close-out material provided by the contractor and sub -contractors. 5. The Consultant shall cause all other engineers and other consultants, as may be hired by the Consultant to file any and all required documentation with all governmental agencies necessary to close out the Project. AUTHORIZED ADDITIONAL SERVICES 1. The Consultant shall consult with additional specialists during the foregoing phases to the extent necessary. The fees for all consultants in those areas as required are included in Authorized Additional Services. The fees for required Additional Services of the above, beyond the scope of this project as described here, and as requested by the City shall be paid directly by the City Page 13 of 22 and any coordination required by the Consultant shall be billed as Additional Services. 2. The Consultant shall bill as Additional Services all work that is the result of a substantial change directed by the City, that necessitates going back to, or repeating a part of or the entirety of any phase already approved and complete. Preparation of documents, applications, and/or other time spent on obtaining variances, or easement adjustments shall be billed as Additional Services. 3. Additional Services may be authorized by the City. If authorized, such Additional Services and Reimbursable Expenses associated with the Additional Services will be compensated at the rates and in the manner set forth in "Basis of Compensation" below, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. 4. Additional Services mean 1) any work or Services which is determined by the City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Consultant to perform at the execution of this Agreement; 2) revisions in Drawings or Specifications or other documents when such revisions are caused by conflicts to previously issued instructions of the City; 3) additional Drawing, Specification or document preparation and/or administration of work on portions of the Project separately bid; or 4) any work listed as Additional Services. GENERAL REQUIREMENTS 1. Project scope identified shall be documented in two separate bid packages. Project fees for this Project are based on Design/Bid/Build project delivery. 2. The City may be requested to supply the Consultant with the necessary information to determine the proper location of all improvements on and off site, including existing record drawings in the City's possession. The Consultant will make a good -faith effort to verify the accuracy of such information by means of a thorough survey of site conditions. 3. The City will provide existing record drawings and provide any supplemental information to the Consultant which is available. The Consultant shall not be responsible for the accuracy of the information or existing record drawings, except to the extent that any inaccuracy should have reasonably been detected by the Consultant, pursuant to its standard of care and visual observation of existing conditions. Page 14 of 22 4. The Consultant and the Consultant's consultants shall have no responsibility for the discovery, presence, handling, removal, or disposal of or exposure to hazardous materials or toxic substances in any form at the Project site. 5. The City reserves the right to conduct one or more constructability review processes with the Construction Drawings and Specifications, and to hire an independent architect or other consultant to perform such reviews. Any such independent constructability reviews shall be at the City's expense. 6. The Consultant shall make all City -requested changes, additions, deletions, and corrections in the Construction Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Consultant's professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction; the Consultant shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement. 7. All plans, specifications, original or reproducible transparencies of working drawings, preliminary sketches, architectural presentation drawings, structural computations, estimates and any other Project Documents prepared pursuant to this Agreement shall be and remain the property of the City. Although the official copyright in all Project Documents shall remain with the Consultant or other applicable subcontractors or consultant, the Project Documents shall be the property of the City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, the Consultant shall provide to the City copies of all Project Documents required by the City. In addition, Consultant shall retain copies of all Project Documents on file for a minimum of seven (7) years following completion of the Project, and shall make copies available to the City upon the payment of reasonable duplication costs. Before destroying Project Documents following this retention period, Consultant shall make a reasonable effort to notify the City and provide the City with the opportunity to obtain the documents. Page 15 of 22 8. The Consultant grants to the City the right to use and reuse all or part of the Project Documents, at the City's sole discretion and with no additional compensation to the Consultant, for the following purposes: A) The construction of all or part of this Project; B) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time; C) The construction of another project by or on behalf of the City for its ownership and use. The City is not bound by this Agreement to employ the services of the Consultant in the event such documents are used or reused for these purposes. The City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Consultant. The use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit the City's right to recover for latent defects or for errors or omissions of the Consultant for the Project. 9. Any use or reuse by the City of the Project Documents on any project other than this Project without employing the services of the Consultant shall be at the City's own risk and liability with respect to third parties. If the City uses or reuses the Project Documents on any project other than this Project, it shall remove the Consultant's architect seal from the Project Documents and indemnify and hold harmless the Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Project Documents on such other project. The Consultant shall not be responsible or liable for any revisions to the Project Documents made by any party other than the Consultant, a party for which the Consultant is legally responsible or liable, or anyone approved by the Consultant. 10. This Agreement creates a non-exclusive and perpetual license for the City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. The Consultant shall require any and all subcontractors and consultants to agree in writing that the City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement. 11. The Consultant represents that the Consultant has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that the Consultant prepares or causes to be prepared pursuant to this Agreement. The Consultant makes no representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than the Consultant and provided to the Consultant by the City. 12. Upon 100% completion of the Construction Documents and Specifications, the Consultant shall provide the City with one hardcopy for reproduction. Page 16 of 22 13. The Consultant shall provide coordinated Construction Document level BIM digital files authored in an approved software application. BIM files are to be used by the Contractor in developing 4D and 5D technology and processes, shop drawings, coordination drawings and as -built drawings for this project. The Consultant is responsible for running clash detections as needed to ensure proper coordination between the Consultant and Sub -Consultants. Specifications shall be provided in Microsoft Word format. Graphic/Signage Design documents shall be provided as Illustrator and PDF files only. Acceptance of these electronic files constitutes acknowledgement of the conditions of this agreement between the Consultant and the City. 14. The Consultant is providing, by agreement with the City, materials stored electronically. The parties recognize that data, plans, specifications, reports, documents, or other information recorded on or transmitted as electronic media (including but not necessarily limited to "CAD documents" and "BIM") are subject to undetectable alteration, either intentional or unintentional, due to, among other causes, transmission, conversion, media degradation, software error, or human alteration. The signed and/or stamped hard copies of the Architect's Instruments of Service are the only true contract documents of record. CITY'S OBLIGATIONS 1. The City shall provide the Consultant prior to the project start date confirmation of Project Schedule and Project Budget. 2. All cost estimates will be reconciled with a City/Project Management Cost and/or an independent third party cost estimator, as deemed necessary by the City. The City may prepare at its own expense the independent estimates of probable construction costs. The Consultant shall attend one (1) cost reconciliation meeting for the purpose of reconciling project cost estimates at each identified cost estimate milestone. 3. City's responsibilities shall include 1) retaining consultant(s) to conduct materials testing and inspection or to conduct any other environmental or hazardous materials testing and inspection pursuant to any other applicable laws, rules or regulations; 2) pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project; and 3) designate a person(s) to act as representative for the performance of this Agreement (City's Representative). 4. The City's Representative shall render decisions in a timely manner so as to avoid unreasonable delay in the orderly and sequential progress of services. RESPONSIBILITY FOR CONSTRUCTION COST Page 17 of 22 The Consultant shall advise the City of any adjustments to the preliminary estimate of construction cost. Evaluation of the City's project budget, preliminary and subsequent estimates of construction cost, if any, prepared by the Consultant, represent the Consultant's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor the City has control over the cost of labor, material or equipment, over the contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated prices will not vary from the City's project budget, or from any estimate of construction cost or evaluation prepared or agreed to by the Consultant. BASIS OF COMPENSATION Based on the Scope of Work and Services defined above, Johnson Favaro and its consulting team propose a Professional Services Fee, of: TWO MILLION SEVEN HUNDRED AND FORTY FOUR THOUSAND THREE HUNDRED DOLLARS ($2,744,300.00). A fixed Reimbursables allowance is established at: TWO HUNDRED AND FORTY SIX THOUSAND NINE HUNDRED EIGHTY SEVEN DOLLARS ($246,987.00). The Total Fee and Reimbursables is TWO MILLION NINE HUNDRED NINETY ONE THOUSAND TWO HUNDRED EIGHTY SEVEN DOLLARS ($2,991,287.00). The fee will be billed monthly in proportion to the work completed. For a Fee Summary by Consultant and by Phase, see Table 1 on page 19. Page 18 of 22 TABLE 1 SERVICES FEE- NEW DONALD DUNGAN LIBRARY, NEIGHBORHOOD COMMUNITY IMPROVEMENTSPROFESSIONAL PROJECT CENTER AND PARK FEE SUMMARY BY CONSULTANT PHASE PHASE 11 PHASE2 TOTAL CONSTRUCTION BUDGET: CONSULTANT Architecture $20,800,000 $872,000 $4,000,000 $230,000 $24,800,000 $1,102,000 Structural Engineering $160,000 $67,000 $227,000 MEP Enginering/Sustainability/Lighting/Fire Protection /Security $321,500 $152,300 $473,800 Civil Engineering $106,000 $29,000 $135,000 Landscape Architecture $210,000 $42,000 $252,000 Cost Estimating $57,000 $15,000 $72,000 Library Consultant $24,000 $24,000 Food Service $15,600 $28,000 $43,600 Information Technology/Audiovisual $69,000 $77,200 $146,200 Acoustical $9,000 $11,200 $20,200 Graphics/Signage $50,000 $15,000 $65,000 Interior Design $105,000 $26,000 $131,000 Geotechnical Investigation $14,500 $14,500 Survey Update $16,000 $16,000 CGI Renderings/Fly over $18,000 $4,000 $22,000 SD THROUGH PROJECT CLOSEOUT TOTAL $2,047,600 $696,700 $2,744,300 TOTAL PROFESSIONAL SERVICES FEE $2,744,300 TOTAL REIMBURSABLES ALLOWANCE $246,987 TOTAL2 991 287 For a Fee Summary by Phase, see Table 2 on page 20. Page 19 of 22 TABLE 2 For Fee Detail by Sub -Consultant and Phase, see attached Exhibits B.1 and B.2 REIMBURSABLES The City shall reimburse the Consultant a sum for its reasonable out-of-pocket expenses that are incurred and paid for by the Consultant in furtherance of performance of its obligations under this agreement. Reimbursables are included in the Fee for Basic/Authorized Additional Services. The categories of expenses include: ■ Printing and reproduction costs • Shipping, overnight mail, postage, messenger and other handling of drawings and documents. ■ Long distance telephone calls outside of the 213, 310,562, 626, 323, 714, 949, 951 and 909 area codes. ■ Renderings and special presentation models other than specified in the Proposal requested by the City. ■ Additional Consultants not considered a part of Basic Services ■ Fees paid to third parties for securing approval of authorities having jurisdiction over the project. Page 20 of 22 IMPROVEMENTS PROJECT FEE SUMMARY BY PHASE PHASE PHASE 11 PHASE 21 TOTAL CONSTRUCTION BUDGET: PHASE Schematic Design 1 $20,800,000 $376,077 $4,000,000 $118,209 $24,800,000 $494,286 Design Development $425,620 $143,540 $569,160 Construction Documents $606,430 $210,310 $816,740 Permit $77,724 $28,108 $105,832 Bid $76,724 $27,108 $103,832 Construction Administration $427,482 $149,094 $576,576 Project Close-out $57,543 $20,331 $77,874 SD THROUGH PROJECT CLOSEOUT TOTAL $2,047,600 $696,700 $2,744,300 TOTAL PROFESSIONAL SERVICES FEE $2,744,300 TOTAL REIMBURSABLES ALLOWANCE $246,987 TOTAL$2,991,287 For Fee Detail by Sub -Consultant and Phase, see attached Exhibits B.1 and B.2 REIMBURSABLES The City shall reimburse the Consultant a sum for its reasonable out-of-pocket expenses that are incurred and paid for by the Consultant in furtherance of performance of its obligations under this agreement. Reimbursables are included in the Fee for Basic/Authorized Additional Services. The categories of expenses include: ■ Printing and reproduction costs • Shipping, overnight mail, postage, messenger and other handling of drawings and documents. ■ Long distance telephone calls outside of the 213, 310,562, 626, 323, 714, 949, 951 and 909 area codes. ■ Renderings and special presentation models other than specified in the Proposal requested by the City. ■ Additional Consultants not considered a part of Basic Services ■ Fees paid to third parties for securing approval of authorities having jurisdiction over the project. Page 20 of 22 PRELIMINARY PROJECT SCHEDULE For a Summary of the Project Schedule, see attached Exhibit C.1. The Consultant shall advise the City of any adjustments to the preliminary project schedule. Evaluation of the project schedule as well as subsequent estimates of the project schedule prepared by the Consultant, represent the Consultant's best judgment as a design professional familiar with community planning, design and construction. It is recognized, however, that the Consultant has no control over the performance of the City, the City Project Manager, the City of Costa Mesa Building Department or the general contractor in adhering to the project schedule. Accordingly, the Consultant cannot and does not warrant or represent that the project schedule will not vary from that represented herein, nor from any schedule estimate or evaluation prepared or agreed to by the Consultant. EXCLUSIONS 1. Material testing 2. Hazardous materials abatement scope related to survey of existing conditions, drawings, reports, documents and or specifications. 3. Methane extraction systems 4. Off-site public improvements, not described in this Proposal including adjoining street widening. 5. Planning for Interim Housing or relocation drawings/diagrams 6. Physical presentation models 7. Partnering Workshops 8. Additional cost estimates or revisions to completed cost estimates 9. Design/Coordination of a Distributed Antennae System (DAS) 10. Ordering Cable or Satellite TV service 11. Design of the Telco utilities ADDITIONAL SERVICES Additional Services shall be provided if authorized or confirmed in writing by the Client. These services shall be subject to an additional fee. Unless otherwise agreed prior to the work being carried out, our fees for any additional services will based on time expended at our normal billing rates prevailing at the time the work is carried out. Additional Services will be billed on an hourly basis at the rates shown below: Partners $216.72 Senior Staff 4 $115.58 Senior Staff 3 $101.14 Senior Staff 2 $ 86.69 Page 21 of 22 Senior Staff 1 Intermediate Staff 1 Tech/Admin Staff 1 Enclosure: $ 72.24 $ 72.74 $ 28.90 Exhibit A.1: Phase 1 Site Plan Exhibit A.2: Phase 2 Site Plan Exhibit B.1: Professional Services Fee Summary— Phase 1 Schematic Design through Project Close-out Detail Exhibit B.2: Professional Services Fee Summary— Phase 2 Schematic Design through Project Close-out Detail Exhibit C.1: Project Schedule Page 22 of 22 COSTA MESA KiSTOM" �1� -vi PAAKAVF. ImDONALD DUNGAN LIBRARY! NEIGHBORHOOD COMMUNITY CENTER RENOVATION NEWLIBRARYPHASE SCALE; l'=30' 0 �l 1, (L-� RUN, ANMEIMAVE. • -- - � *-- � _ ISI 1 I 195iORICAt 80CIETY - - , W'�vrrrown RECREAnor+cerrreR _ I ©fl c © ❑-❑ G I i 0 ❑ ❑ ❑_$� ❑ ❑ ❑ C ❑ J Cl El II—El.., L7 I T.] 1 I d ❑ IF ' r PAM FM WAnON ®R ®DONALD DUNGAN LIBRARY I NEIGHBORHOOD COMMUNITY CENTER RENOVATION A,.arr..i.....l u.e.. a..i.. HEWLIBRARYPHASE SCALE: 1"-30' eerr�.,�b..�o�rd o•.o�z EXHIBIT "B.1" PROFESSIONAL PHASE 1: NEW r DONALD DUNGAN DONALD DUNGAN LIBRARY,NEIGHBORHOOD LIBRARY COMMUNITY CENTER AND PARK AND r,r IMPROVEMENTS IMPROVEMENTS PROJECT SCHEMATIC DESIGN THROUGH PROJECT CLOSE-OUT CONSTRUCTION BUDGET $14,700,000 SITE DEVELOPMENT CONSTRUCTION BUDGET $6,100,000 TOTAL CONSTRUCTION BUDGET $20,800,000 SERVICES FIRM BASIC SERVICES SCHEMATIC DESIGN (11%) DESIGN DEVELOPMENT (20%) CONSTRUCTION DOCUMENTS (30%) PERMIT (4%) BID PHASE (4%) CONSTRUCTION ADMINISTRATION (22%) WARRANTY/RECORD DOCUMENTS/PROJECT CLOSEOUT (3%) TOTAL Architecture Johnson Favaro $148,240 $174,400 $261,600 $34,880 $34,880 $191,840 $26,160 $872,000 Structural Engineering Nabih Yousseff Associates $27,200 $32,000 $48,000 $6,400 $6,400 $35,200 $4,800 $160,000 MEP Engineering Integral Group $41,225 $48,500 $72,750 $9,700 $9,700 $53,350 $7,275 $242,500 Civil Engineering (On-site) KPFF $13,940 $16,400 $24,600 $3,280 $3,280 $18,040 $2,460 $82,000 Landscape Architecture EPT $35,700 $42,000 $63,000 $8,400 $8,400 $46,200 $6,300 $210,000 Cost Estimating Basis $12,000 $16,000 $28,000 $1,000 $57,000 BASIC SERVICES FEE TOTAL $278,305 $329,300 $497,950 $63,660 $62,660 $344,630 $46,995 $1,623,500 Basic Services Reimbursable Expenses Allowance $24,840 $29,223 $43,835 $5,845 $5,845 $32,145 $4,383 $146,115 BASIC SERVICES FEE AND REIMBURSABLES $303,145 $358,523 $541,785 $69,505 $68,505 $376,775 $51,378 $1,769,615 ADDITIONAL SERVICES Library Consultant Linda Demmers $11,000 $8,000 $3,000 $0 $0 $2,000 $0 $24,000 Food Service Kitchen Professionals $2,652 $3,120 $4,680 $624 $624 $3,432 $468 $15,600 Sustainability Integral Group $3,060 $3,600 $5,400 $720 $720 $3,960 $540 $18,000 Fire Protection Integral Group $4,080 $4,800 $7,200 $960 $960 $5,280 $720 $24,000 Lighting Design Integral Group $4,760 $5,600 $8,400 $1,120 $1,120 $6,160 $840 $28,000 Security Integral Group $1,530 $1,800 $2,700 $360 $360 $1,980 $270 $9,000 Information Technology/Audiovisual Waveguide $11,730 $13,800 $20,700 $2,760 $2,760 $15,180 $2,070 $69,000 Acoustical Waveguide $1,530 $1,800 $2,700 $360 $360 $1,980 $270 $9,000 Graphics/Signage PhD $8,500 $10,000 $15,000 $2,000 $2,000 $11,000 $1,500 $50,000 Interior Design Carol Cambianica $17,850 $21,000 $31,500 $4,200 $4,200 $23,100 $3,150 $105,000 Geotechnical Investigation Geotechnologies $11,000 $3,500 $14,500 Civil Engineering (Off-site) KPFF $4,080 $4,800 $7,200 $960 $960 $5,280 $720 $24,000 Survey Update lacobellis & Associates, Inc. $16,000 $16,000 (2) CGI Presentation Renderings V Studios3D $8,000 $8,000 1 CGI Fly -over Video V Studios3D $10,000 $10,000 ADDITIONAL SERVICES FEE TOTAL $97,772 $96,320 $108,480 $14,064 $14,064 $82,852 $10,548 $424,100 Additional Services Reimbursable Expenses Allowance $6,489 $7,634 $11,451 $1,527 $1,527 $8,397 $1,145 $38,169 ADDITIONAL SERVICES FEE AND REIMBURSABLES ALLOWANCE $104,261 $103,954 $119,931 $15,591 $15,591 $91,249 $11,693 $462,269 TOTAL FEE Basic&Addition/Services $376,077 $425,620 $606,430 $77,724 $76,724 $427,482 r ,542 $57,543 $2,047,600 -284 TOTAL $2,231,884 EXHIBIT 1113.2" PROFESSIONAL DONALD I : I III COMMUNITY, D PARK IMPROVEMENTS PROJECT ' NEIGHBORHOOD COMMUNITY CENTER RENOVATIONDEVELOPMENT SCHEMATIC DESIGN THROUGH PROJECT CLOSE-OUT CONSTRUCTION BUDGET $3,500,000 SITE DEVELOPMENT CONSTRUCTION BUDGET $500,000 TOTAL CONSTRUCTION BUDGET $4,000,000 SERVICES FIRM BASIC SERVICES SCHEMATIC(17%DESIGN DESIGN DEV(20%ELOPMENT CONSTRUCTIOONDOCUMENTS PERMIT (4 ) BIDPHASECONSTRUCTION ADMINISTRATION WACLOSEO/UTCORDDOCUMENTS/PROJECT TOTAL Architecture Johnson Favaro $39,100 $46,000 $69,000 $9,200 $9,200 $50,600 $6,900 $230,000 Structural Engineering Nabih Yousseff Associates $11,390 $13,400 $20,100 $2,680 $2,680 $14,740 $2,010 $67,000 MEP Engineering Integral Group $18,785 $22,100 $33,150 $4,420 $4,420 $24,310 $3,315 $110,500 Civil Engineering (On-site) KPFF $4,930 $5,800 $8,700 $1,160 $1,160 $6,380 $870 $29,000 Landscape Architecture EPT $7,140 $8,400 $12,600 $1,680 $1,680 $9,240 $1,260 $42,000 Cost Estimating Basis $3,000 $4,000 $7,000 $1,000 $15,000 BASIC SERVICES FEE TOTAL $84,345 $99,700 $150,550 $20,140 $19,140 $105,270 $14,355 $493,500 Basic Services Reimbursable Expenses Allowance $7,551 $8,883 $13,325 $1,777 $1,777 $9,771 $1,332 $44,415 BASIC SERVICES FEE AND REIMBURSABLES $91,896 $108,583 $163,875 $21,917 $20,917 $115,041 $15,687 $537,915 ADDITIONAL SERVICES Food Service Kitchen Professionals $4,760 $5,600 $8,400 $1,120 $1,120 $6,160 $840 $28,000 Sustainability Integral Group $1,870 $2,200 $3,300 $440 $440 $2,420 $330 $11,000 Fire Protection Integral Group $2,040 $2,400 $3,600 $480 $480 $2,640 $360 $12,000 Lighting Design Integral Group $2,550 $3,000 $4,500 $600 $600 $3,300 $450 $15,000 Security Integral Group $646 $760 $1,140 $152 $152 $836 $114 $3,800 Information Technology /Audiovisual Waveguide $13,124 $15,440 $23,160 $3,088 $3,088 $16,984 $2,316 $77,200 Acoustical Waveguide $1,904 $2,240 $3,360 $448 $448 $2,464 $336 $11,200 Graphics/Signage PhD $2,550 $3,000 $4,500 $600 $600 $3,300 $450 $15,000 Interior Design Carol Cambianica $4,420 $5,200 $7,800 $1,040 $1,040 $5,720 $780 $26,000 1 CGI Presentation Rendering V Studios3D $4,000 $4,000 ADDITIONAL SERVICES FEE TOTAL $33,864 $43,840 $59,760 $7,968 $7,968 $43,824 $5,976 $203,200 Additional Services Reimbursable Expenses Allowance $3,109 $3,658 $5,486 $732 $732 $4,023 $549 $18,288 ADDITIONAL SERVICES FEE AND REIMBURSABLES ALLOWANCE $36,973 $47,498 $65,246 $8,700 $8,700 $47,847 $6,525 $221,488 TOTAL FEE Basic & Additional Services $118,209 $143,540 $210,310 $28,108 $27,108 $149,094 $20,331 $696,700 TOTAL 759 403 EXHIBIT C.1 NEW DONALD DUNGAN LIBRARY, NEIGHBORHOOD COMMUNITY CENTER AND PARK IMPROVEMENTS PROJECT PHASE LIBRARYNEW .,. IMPROVEMENTS Schematic Design — Construction Documents Construction/Project Close-out . , NEW NEIGHBORHOOD COMMUNITY CENTER REN Construction Documents Schematic - : MENOMONEE ��������� 0■