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HomeMy WebLinkAboutReso 110-19 Approving an Amendment to the Agreement With Group 4 Architecture Research + Planning, Inc. for Architectural Services Related to a Cultural Arts CenterRESOLUTION NO. 110 —19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE AGREEMENT WITH GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. FOR ARCHITECTURAL SERVICES RELATED TO A CULTURAL ARTS CENTER WHEREAS, Staff completed a Request for Proposal (RFP) for design and space configuration of a Cultural Arts Center utilizing the City's current list of on -call consultants, and WHEREAS, Staff reviewed the proposals and recommended Group 4 Architecture Research and Planning, Inc.; and WHEREAS, the initial agreement with Group 4 Architecture Research and Planning, Inc. for an on -call Consulting Services Agreement for architectural services was approved by Resolution 09- 18. WHEREAS, the architectural services work related to the Cultural Arts Center requires an increase in total compensation as provided in the current agreement, as well as an extension to the contract term. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Dublin does hereby approve the Amendment to the Agreement with Group 4 Architecture Research and Planning, Inc., attached hereto as Exhibit A, for architectural services related to a Cultural Arts Center. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Amendment to Agreement and take such further actions as may be necessary or appropriate to carry out the intent of this Resolution. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 15th day of October, 2019, by the following votes: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES: None ABSENT: None ABSTAIN: None r yor ATTEST; City Clerk Reso No. 110-19, Adopted 10/15/19, Item No. 7.1 Page 1 of 1 lr-rq3 AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. WHEREAS, on February 6, 2018, the City of Dublin (hereinafter referred to as "CITY") and Group 4 Architecture Research + Planning, Inc. (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for architectural services (hereinafter referred to as the "AGREEMENT"); and WHEREAS, the existing project scope and budget are in process and staff desires additional architectural services related to a Cultural Arts Center; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to modify Section 1.1 — Term of Services, Section 2 — Compensation, Paragraph 10.12, and Section 7.5 of the Agreement; and NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2021, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 2) Section 2. — Compensation shall be rescinded in its entirety and replaced with the following: COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,116,566, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3) Section 7.5 shall be rescinded in its entirety and replaced with the following: Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 4) Paragraph 10.12 Integration shall be rescinded in its entirety and replaced with the following: 10.12 Integration. This Agreement, including Exhibits A and B and C, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 5) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 6) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 7) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: Z Christopher L. Foss, City Manager ATTEST: a1 ..01, Caroline Soto, City Clerk GROUP 4 ARCHITECTURE RESEARCH AND PLANNING, INC. Dated: l � Dawn Merkes, Principal EXHIBIT A SCOPE OF SERVICES I. THE PROJECT- PHASE ONE DUBLIN CULTURAL ARTS CENTER The Project consists of design and construction services to renovate the p Police wing of the Dublin Civic Center into a Cultural Arts Center for the City. The scope of services included in Phase One are architectural and engineering services to develop Conceptual and Schematic Design documents for the renovation of the existing building to accommodate both a new cultural arts center and additional city offices. Participation services included in this phase are meetings with City staff, the Cultural and Heritage Commission, the community and the City Council. The basis for the project is the "Cultural Arts Center Feasibility Review" study that was completed in December of 2015 by Indigo, Hammond + Playle Architects. The recommendations and findings of this report are the starting point for this phase of the project and include: the preliminary building program, a summary of comparable communities' cultural arts facilities, preliminary floor plans, and engineering reports (structural, electrical, mechanical) on the existing facility. II. SCOPE OF BASIC SERVICES General: LA Consultant's Basic Services include the services of subconsultants, including: 1. Landscape Architect - Gates Associates 2. Civil Engineers - BKF Engineers 3. Mechanical Engineers - Capital Engineering 4. Electrical Engineers - Atium Engineering 5. Structural Engineers - OLMM Engineers 6. Cost Estimators - TBDC Consultants 1.13 In selecting the Consultant, the City recognizes that the Consultant has the qualifications to provide full planning, architecture, and interior design services including conceptual design, schematic design, design development, construction documents, bidding, construction administration, and post -construction phase services. The Client, at its discretion, may choose to amend this contract to add services to the Consultant's Scope of Services for Additional Compensation if mutually agreed to by the Client and Consultant: LC The Consultant's assumption is that the project will be constructed through a conventional public design -bid -build delivery method. Basic and Optional Services assume the construction work will be developed as a single bid package to be constructed in a single phase. LD The Client shall provide the following for the Project as needed: 1. A Client representative who can render decisions on behalf of the Project in a timely manner. 2. Scheduling and invitations for public meetings. 3. Information about: a. Existing programs and services b. As -built existing building drawing C. Existing staffing and operations 4. Services of other specialized consultants if needed for the Project. 5. Any other information not included in Consultant's Basic Services or Additional Services that is reasonably needed for the Project. LE During each phase of the project, direction will be given to the Consultant in Project Management Team (PMT) meetings. Attending these meetings will be the Consultant, City representatives, the City's Project Manager, and others as determined by the City. Agreements and action items will be documented in meeting minutes. Exhibit A Scope 2019 1105 Page 1 of 5 LF Except where otherwise specified in this agreement, summaries of decisions, design direction, establishment of project requirements may be communicated and documented through written meeting minutes and e-mails. WORK PLAN 2.A The City is anticipating the project being developed in the following two (2) phases: 1. Phase I — CONCEPTUAL/SCHEMATIC DESIGN SERVICES 2. Phase II — 60%, AND 90% CONSTRUCTION DOCUMENTS, PLAN CHECK, BID AND AWARD, AND CONSTRUCTION ADMINISTRATION CONSULTANT'S BASIC SERVICES: Basic Services includes the services described in this Section including subsections and subparagraphs. 3.A PHASE 1 - CONCEPTUAL and SCHEMATIC DESIGN SERVICES. Phase 1 will be broken down into the following two tasks. 1. Task 1 - Conceptual Design a. Task 1.1—Project Controls and Analysis (a) Prepare project controls for the project, work plan and schedule, participation plan, project directory and preliminary project cost model. (b) Conduct Kick off Project Management Team (PMT) 01 with the following agenda: - confirm project goals - establish project systems and controls - review the work plan, participation plan, and project schedule - review draft project costs model - review draft building program and identify opportunities for program options Summary of Meetings: - PMT Ol Summary of deliverables: - Project work plan, project directory, participation plan, and schedule - Base site and building drawings - Meeting agendas, presentation, minutes and exhibits b. Task 1.2 — Facility Analysis (concurrent with Task 1.1) (a) The Consultant shall conduct an analysis of the existing building to identify opportunities and constraints of current building systems and confirm the findings of the 2015 feasibility study. (b) The Consultant shall tour the facility with the project engineers and City facility maintenance staff, as well as review available drawing and documents. (c) The Consultant shall prepare base drawings for the site and building. Summary of deliverables: - Updated Facility Assessment Summary - Existing building and site base drawings C. Task 1.3- Building and Site Program & Site Concept Options: (a) The Consultant shall conduct PMT #2-6. (b) The Consultant shall develop two program options for review and analysis based on the program and needs assessment information included in the 2015 Dublin Cultural Arts Center Feasibility Study. Page 2 of 5 (c) The program options will include a summary of indoor and outdoor spaces, proposed square footages, potential uses, number of occupants per use, and associated circulation and support space requirements. (d) The Consultant shall review and revise the program options with the City's input. (e) From the program options the Consultant shall develop two conceptual design options for the proposed adaptive reuse project. (f) The Consultant shall conduct technical meetings with City's Community Services Department to review design options and to coordinate code requirements. (g) The Consultant shall prepare project budget and construction cost models for the conceptual options. (h) The Consultant shall present a project overview, workplan; participation plan, program and plan options to the Heritage and Cultural Arts Commission. (i) The Consultant shall develop interior design value options for staff, commissions and the community to weigh in on. (j) The Consultant shall develop evaluation criteria for review and input at the Community Workshop. (k) The Consultant shall work closely with the PMT and City staff to review and refine the options for presentation and discussion at the Community Workshop (1) The Consultant shall work with the PMT and City staff to analyze and evaluate the conceptual options, taking into account input received. (m) The Consultant shall work with City Staff to select the preferred program and conceptual plan option. (n) The Consultant shall conduct technical meetings with Building and Safety Department to review the proposed conceptual plan. (o) The Consultant shall conduct a technical meeting with the Parks and Community Services Department to review plan and program options. (p) The Consultant shall conduct Integrated Design Workshop (IDW) # 1 to confirm project scope, system options and project sustainability goals. (q) The Consultant shall prepare the final preferred - conceptual design documentation, plans, sections, vignettes, interior design values, cost model and system summaries (r) The Consultant shall present the conceptual design to the Heritage and Cultural Arts Commission for their acceptance. Summary of Meetings: - PMT #2-6 - Technical Meeting with Parks and Community Services - Technical Meeting with Building and Safety - Heritage and Cultural Commission Presentation (#1 and #2) - Community Workshop # 1 - Integrated Design Workshop #1 Summary of deliverables: - Meeting agendas, presentation, minutes and exhibits - Two concept options for the building program and floor plans, costs models, interior design values, evaluation criteria - IDW presentation and LEED Matrix - Conceptual design submittal, plans, vignettes, sections, program summary, conceptual design costs model, system summaries 2. Task 2 - Schematic Design Page 3 of 5 The Consultant shall develop the Schematic Design package based on the approved conceptual design submittal. a. Task 2.1—Update Project Controls (a) The Consultant shall update the project controls: work plan and schedule, participation plan, project directory and project cost model. b. Task 2.2 — Prepare Schematic Design Documentation (concurrent with Task 2.1) (a) The Consultant shall conduct PMT #7-9. (b) The Consultant will advance the design of the Cultural Arts Center and develop schematic level design documents including: - landscape plan and outline specifications - architectural plans, sections and elevations - structural schematic drawings - mechanical, electrical, lighting and plumbing schematic drawings and outline specifications - outline specification for fire alarm/fire protection - telecommunications/data drawing and outline specifications (c) The Consultant shall conduct technical meetings with the Building and Safety Department as required to confirm code compliance. (d) The Consultant shall conduct a technical meeting with the Parks and Community Services Department to review the updated plans. (e) The Consultant shall conduct Integrated Design Workshop #2 with the City and design and engineering team to confirm and integrate building for efficiency, sustainability, functionality, performance, and other project considerations. (f) The Consultant shall develop the Schematic 30% Design package for Architectural, Landscape, Civil, Structural, Mechanical, Electrical, Plumbing, Audio Visual, and Cultural Arts Center: - Floor and roof plans - Reflected ceiling plans - Exterior elevations - Building sections - Renderings (two interior and one exterior) - Outline specifications and/or narratives of each of the major building systems - Building program spreadsheet - Project budget and estimate of probable construction cost LEED checklist (for reference) (g) The Consultant shall present the schematic design to the City Council. Summary of Meetings: - PMT #2-6 - Technical Meeting with Parks and Community Services - Technical Meeting Building and Safety - Integrated Design Workshop #2 - City Council Meeting # 1 Summary of deliverables: - Meeting agendas, presentation, minutes and exhibits - IDW presentation and LEED Matrix - Schematic design submittal, plans, vignettes, sections, program summary; schematic design costs model and estimate of probable construction costs, outline specification Meeting agendas, exhibits, and minutes Page 4 of 5 3. Task 3 — Participation The Consultant shall coordinate and conduct project outreach and presentations for the project. The outreach shall include conducting a Community Open House and Community Charrette, working with the Heritage and Cultural Arts Commission and the City Council. a. Task 3.1 —Community Open House and Charrette: The Consultant shall conduct a Community Charrette and Open House to collect feedback on two proposed building program options, interior design values and preliminary bubble diagrams. The community meeting will be include both a structured community meeting charrette with information sharing and interactive stations, as well as an open house drop -in session prior to the charrette. b. Task 3.2- Heritage and Cultural Arts Commission Meetings The Consultant shall attend and help conduct two (2) Heritage and Cultural Arts Commission Meetings, The first meeting will be a to review the project background, the project work and participation plan and to provide input on the building program options and interior design values. The second meeting will be to present the preferred conceptual design option based on the input received from the PMT and from the Community Workshop. C. Task 3.3 - City Council Meetings: The Consultant shall attend one (1) City Council meeting, presenting the project overview and process with the preferred conceptual and schematic design to the Council for their action and approval. T III. OPTIONAL ADDITIONAL SERVICES The following services are not included in the Consultant's Scope of Basic Services and shall be provided if requested by the Client. The Consultant shall be compensated for Optional and Additional Services in addition to compensation for Basic Services and Reimbursable Expenses. 1.A Additional meetings beyond those identified in Exhibit A, Section II. 1.13 Site survey 1.0 Marketing and operational analysis 1.1) Financial analysis 1.E Environmental studies 1.F Traffic engineering l .G The services of consultants other than those included in Basic Services LH Scale models 1.I Computer animation. U Preparation and conducting focus groups and follow up IX Making revisions to drawings, designs, or other documents when such revisions are inconsistent with approvals or directions previously given by the Client, made necessary by determination by the Client or its other consultants, or made necessary by the Client's failure to render decisions in a timely manner. 1.L Any other service not included in Section IL Basic Services. 2. PHASE II — Construction Documents, Bidding and Construction Administration 2.A Construction Documents (60%, 90% and Plan Check) 2.B Bidding and Awards 2.0 Construction Administration 2.1) FF&E and Signage 2.E Project Closeout Page 5 of 5 EXHIBIT B COMPENSATION COMPENSATION FOR BASIC SERVICES LA Compensation to the Consultant for Basic Services described in Exhibit A, shall be a stipulated sum of Two Hundred Forty -One Thousand, One Hundred Seventy -Five Dollars ($241,175.00). 1.13 Basic Compensation per project task shall not exceed the following portions of the Basic Services compensation unless approved by the City. Task 1 Conceptual Design $ 107,891.00 Task 2 Schematic Design $ 121,284.00 Task 3 Participation $ 12,000.00 Total Basic Compensation (Task 1,2 &3) $ 241,175.00 Reimbursable Expenses Allowance Paragraph 4.0 below: $ 20,600.00 Total Maximum Compensation for Basic Services, Task 1,2,3, including the Reimbursable Expenses Allowance $ 261,775.00 2. COMPENSATION FOR OPTIONAL SERVICES 2.A Compensation. to the Consultant for Optional Services described in Exhibit A are not included in the Consultant's Scope of Basic Services and shall be provided if requested by the City. The Consultant shall be compensated for Additional Services in addition to compensation for Basic Services and Reimbursable Expenses. 3. COMPENSATION FOR ADDITIONAL SERVICES 3.A Compensation to the Consultant for Additional Services described in Exhibit A is in addition to compensation for Basic Services and shall be either at the following hourly rates, or made as a negotiated stipulated sum. The rates below will be in effect through December 31', 2019 and are subject to annual revisions at the start of each calendar year. Consulting Principal Principal in Charge Principal Associate Senior Project Designer Senior Project Manager Project Manager Architect III Architect II Architect I $290.00 per hour $250.00 per hour $240.00 per hour $210.00 per hour $185.00 per hour $180.00 per hour $180.00 per hour $175.00 per hour $165.00 per hour $155.00 per hour EXHIBIT B Compensation 2019.11.05 EXHIBIT B Page I of 3 4. Intern III $145.00 per hour Intern II $135.00 per hour Intern I $125.00 per hour Project Support ($105.00-$240.00) per hour COMPENSATION FOR REIMBURSABLE EXPENSES 4.A Reimbursable expenses related to the Project, whether for consultant, subconsultant, or City use, and are billable at 1.10 times direct cost Reimbursable expenses are in addition to compensation for Basic Services in Exhibit A and shall not exceed Twenty Thousand Six Hundred Dollars ($20,600) without approval by the City. Reimbursable expenses include expenses incurred by the Architect and subconsultants in the interest of the Project. Such costs include, but are not necessarily limited to: ■ CAD plotting of check sets and presentation drawings larger than 11"x17". ■ Outside service printing/copying of drawings and documents of any size. ■ In-house black and white printing/copying of drawings larger than 1 I "x 17". ■ In-house black and white printing/copying for draft and final reports and specifications. ■ In-house color printing and photocopying up to 11"x17" for in-house, consultant or client use. ■ Software purchase and licensure on behalf of the client with prior client approval. • Postage, delivery and messenger service. ■ Photographic and digital imaging, including color and grayscale copies of any size. ■ Outside telephone conferencing services. ■ Overtime expenses with prior client approval. ■ Architectural renderings, physical and digital scale models and animations other than those specified under Basic Services. ■ Travel expenses such as mileage, bridge tolls, and meals. ■ Subconsultant costs. ■ Presentation boards. ■ Facilitation tools. ■ Workshop accessories and facilitation materials. ■ Videos, web services, opinion surveys. ■ Additional consultant services. ■ Additional public meetings: - Community Meeting $4,000 - Commission Meeting $2,500. - City Council Meeting: $3,000. EXHIBIT B Compensation 2019.1 1.05 EXHIBIT B Page 2 of 3 The following expenses are included in the hourly billing rates and are not billed separately: ■ General in-house black and white printing/copying of l l "x 17" or smaller, except as noted above. ■ Telephone and fax usage, unless stipulated otherwise by Agreement. 4.13 Rates for Reimbursable Expenses are subject to annual revision each January 1 st. EXHIBIT B Compensation 2019.11.05 EXHBIT 8 Page 3 of 3 .EXHIBIT C SCHEDULE OF PERFORMANCE The Consultant shall perform the Basic Services described in Exhibit A so as to complete each task within the time duration specified. The time to complete each task may be increased or decreased by mutual written agreement of the Consultant and the City. PHASE/TASK DATE OR TASK DURATION Phase 1 Notice to Proceed (NTT) November 6, 2019 Task 1: Conceptual Design 14 Weeks from NTP Task 2: Schematic Design 12 Weeks from completion of Task 1 Task 3: Participation Concurrent with Task 1 & 2 TOTAL 26 Weeks Exhibit C Schedule 2019 10 31 Page 1 of 1