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HomeMy WebLinkAboutItem 8.4 SrCntrDesign Dahlin CITY CLERK File# AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 6, 2002 SUBJECT: Consultant Services for the Senior Center Design Report prepared by: Herma Lichtenstein, Parks & Facilities Development Manager ATTACHMENTS: 1. Consultant Services Agreement RECOMMENDATION~L,,~Approve and authorize Mayor to execute Agreement FINANCIAL STATEMENT: ~ The proposed fee for services under the agreement is $583,000. There are sufficient funds available to execute the agreement. DESCRIPTION: At the February 19, 2002 Council Meeting the City Council accepted the Senior Center Feasibility Study prepared by Noll and Tam Architects, directed Staff to solicit proposals for the Senior Center Design and to evaluate the potential of senior housing on the site. Staff issued a Request for Proposal and six firms responded. Interviews were conducted with three of the most qualified firms. Staff recommends the Dahlin Group as they provided the most comprehensive approach to the project. In addition, Dahlin brings private sector experience in designing senior facilities for such Developers as Del Webb and Howard Hughes Development Corporation. Project Description: The new Senior Center at the intersection of Amador Valley Boulevard and Donohue Drive will be based .on the Noll & Tam Feasibility Study dated February 4, 2002. The existing library building will be demolished. Senior Housing: Senior Housing is being designed under a separate agreement pending interviews. At this time, in order to proceed with the Senior Center design, the Architect will assume that the southern 74 feet of the site will be dedicated for future housing. The Dahlin Group will provide site design coordination for the future housing as well as establish the architectural character of the buildings. Building Description: Based on the Feasibility Study the proposed building will be single-story, include a meeting room for events, activity rooms and commercial style kitchen. In addition, the Architect will review "green" building components with the City and incorporate those that are appropriate. CONSULTANT SERVICES AGREEMENT The proposed Consultant Services Agreement prepared by the City Attorney and approved by the Dahlin Group is shown in Attachment 1. A summary of the scope of services under the Agreement, by task, as well as the proposed fee schedule is shown below. The proposed timeline for the scope of work under the Agreement contemplates that work will begin immediately following the signing of the Agreement and construction documents will be complete and the project out to bid in Summer of 2003. COPIES TO: Carducci Associates senior design award~doc The Architect will provide the following consultant Services and tasks for the building and site work: Structural, Mechanical, Electrical, Plumbing, Civil, Landscape, Interior Design, Kitchen, Title 24 Energy Compliance and Cost Estimating. Task 1 - Conceptual Design The Architect will provide Conceptual Design services prior to beginning Schematic Design. These services will include: Review and analyze existing program document by Noll & Tam Architects. Verify conceptual square footage program. Review and analyze existing site information. Present and discuss conceptual program. Revise program and receive approval to proceed with Schematic Design. Task 2 - Schematic Design Phase The Architect will provide a preliminary evaluation of the City's program, schedule and construction budget requirements, each in terms of the other. Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect will prepare, for approval by the City, Schematic Design Documents consisting of the following Documents: Site Plan, Floor Plan, Exterior Elevation, Colored Rendering and Cost Estimate. Task 3 - Design Development Based on the approved Schematic Design Documents, the Architect will prepare, for approval by the City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical, and electrical systems, materials and such other elements as may be appropriate. The Architect will also provide an updated estimate of Construction Cost. Task 4 - Construction Documents Based on the approved Design Development Documents, the Architect will prepare, for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth the requirements for the construction of the Project. The Architect will assist the City in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the City and Contractor. The Architect will assist the City in filing documents required for the approval of governmental authorities having jurisdiction over the Project. Task 5 - Bid and Award The Architect, following the City's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, will assist the City in obtaining bids. The City will prepare the Contracts for Construction. Task 6 - Project Meetings & Presentations The Architect has allowed for the following number of review meetings and presentations. Additional meetings or presentations will be provided as an additional service when requested by the City. Conceptual Design Senior Advisory Committee/City Staff 3 City Council 1 Schematic Design Senior Advisory Committee/City Staff 3 Parks & Community Services Commission 1 City Council 1 Design Development Senior Advisory Committee/City Staff 2 Parks &Community Services Commission 1 City Council 1 Construction Documents City Staff 2 Fee Schedule Conceptual Design $ 22,000 Schematic Design $ 69,000 Design Development $112,000 Working Drawings $285,000 Construction Administration $ 68,000 Senior Housing Coordination (hourly, initial cap) $ 12,000 TOTAL $568,000 Reimbursable Costs $ 15~000 TOTAL FIXED FEE $583,000 RECOMMENDATION It is the recommendation of Staff that the City Council take the following action: Approve the Consultant Services Agreement in the final form attached and authorize the Mayor to execute same (Attachment 1). /"l' 1 ? CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND DAHLIN GROUP, INC. THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Dahlin Group, Inc. ("Consultant") as of August 6, 2002. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. Term of Services. The term of this Agreement shall begin on the date first noted above and shall end upon completion of the project construction, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to 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 provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the highest standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and workman like manner and shall conform to the highest standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed (see Exhibit "A") 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 and incorporated herein 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 Consulting Services Agreement between August 6, 2002 City of Dublin and Dahlin Group, Inc. Page 1 of 12 submit all invoices to City in the manner specified herein. Except. as specifically authorized by City, 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. 2.'1 Monthly Payment, City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.2 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice bya properly executed change order or amendment. 2.3 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule attached in Exhibit A: 2.4 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.5 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.6 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the Consulting Services Agreement between August 6, 2002 City of Dublin and Dahlin Group, Inc. Page2 of 12 facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Professional Liability Insurance shall be on a "claims made" basis. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shal maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence wOrk on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice has been given to the City. Consultant shall notify City within 14 days of notification-from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION Consulting Services Agreement between August 6, 2002 City of Dublin and. Dahlin Group, Inc. Page 3 of 12 DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required oCCurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute toa loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. Consulting Services Agreement between August 6, 2002 City of Dublin and Dahlin Group, Inc. Page 4 of 12 e. An.endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice has been given to the City. ConSultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement. in an amount not lesS than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3,2 Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3.4 The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and muSt be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements, 4.4.1 Acceptability of insurers. All insurance required by this section isto be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coveraqe. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and Consulting Services Agreement between August 6, 2002 City of Dublin and Dahlin Group, Inc. Page 5 of 12 with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by' that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish se parate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein, 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not Commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the selfqnsured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses, and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. Approval is not required for deductible below $150,000. 4.4.6 Notice of Reduction in Coveraqe. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; · Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Consulting Services Agreement between August 6, 2002 City of Dublin and Dahlin Group, Inc. Page 6 of 12 · Terminate this Agreement. . Section $. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City (Except for Professional Liability Claims which will be defended by Consultants Counsel.), and hOld harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any applicable and non conflicting federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless Clause. This indemnification and hold 'h~rmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PI:RS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PI:RS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONsuLTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, I~enefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consulting Services Agreement between August 6, 2002 City of Dublin and Dahlin Group, Inc. Page 7 of 12 6.2 Consultant No Aqent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governinq Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Re.qulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. Any requirements will be disclosed to Consultant prior to execution of this Agreement. 7.4 Licenses ,and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, - on the basis of a person's race, religion, color, national origin, age, physical or ~.. mental handicap or disability, medical condition, marital status, sex, or sexual orientation, 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 comply with all applicable federal, state, and local laws, Policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consulting Services Agreement between August 6, 2002 City of Dublin and Dahlin Group, Inc. Page 8 of 12 In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant' for any otherwise reimbursable expenses incurred during the extension pedod. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the pdor written approval of the _Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the ~subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. Al obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or Consulting Services Agreement between August 6, 2002 City of Dublin and Dahlin Group, Inc. Page 9 of 12 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees n addition to any other relief to which'that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda. Consulting Services Agreement between August 6, 2002 City of Dublin and Dahlin Group, Inc. Page 10 of 12 10.3 Severability. If a court of competent jurisdiction finds or rules that any p'rovisi°n of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest, Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California~ Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous · twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in viol'ation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for serviCes performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit busineSs at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Herma Lichtenstein ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. Consulting Services Agreement between August 6, 2002 City of Dublin and Dahlin Group, Inc. Page !1 of 12 10.10 Notices. Any written notice to Consultant shall' be sent to: Karl Danielson Dahlin Group, inc. 2671 Crow Canyon Road San Ramon, CA 94583 Any written notice to City shall be sent to: Herma Lichtenstein City of Dublin 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF Dublin Janet Lockhart, Mayor Karl Danielson, Vice President Attest: Kay Keck, City Clerk Approved as to Form: Elizabeth Silver, City Attorney Consulting Services Agreement between August 6, 2002 City of Dublin and Dahlin Group, Inc. Page 12 of 12 DUBLIN SENIOR CENTER Exhibit "A" y August 6, 2002 /..~ /~ ~ Page 1 EXHIBIT "A" 1. Proiect Description: A new Senior Center at the intersection of Amador Valley Boulevard and Donohue Drive, Dublin, CA. The square footage and program are based on the Noll & Tam report dated February 4, 2002, which is incorporated herein. An existing library building occupies the site and will be demolished. It is assu reed the new project is a conforming use and will not require an EIR or other environmental reports, studies, or consultants. 2. Senior Housing: Senior Housing may be added to the site under a separate agreement. No specific information '~s available at this time. In order to proceed with the Senior Center design, the Architect will assume that the southern 74 feet of the site will be dedicated for future housing (see Exhibit "B"). Architect will provide site design coordination for the future.housing on an houdy basis up to an initial cap when requested by the City. This cap will not be exceeded without the City's approval. 3. Buildinq Description: The proposed building will be single-story, slab on grade, Type V, non-rated construction, fully sprinklered. Architect will review "green" building components with the City and incorporate those that are appropriate. The project does not require LE.E.D. Certification. 4. Site Work Description: Site work will be limited to improvements within the site property line, landscape improvements to back of sidewalk along Amador Valley Boulevard and curb, gutter, and driveway, revisions to the existing north- west ddveway and new east driveway. Architect will provide a site survey including underground utilities and easements. Site work for future senior housing area is not included. 5. Design Review: Design Review Board or Planning Commission approval is not required. The project will be reviewed by an internal City review team, the Senior Advisory Committee, Parks and Community Services Commission, and the City Council. 6. Consultant Services: Architect will provide the following consultant services for the building and site work: Structural Landscape Mechanical Intedor Design Electrical Kitchen Plumbing Title 24 Energy Compliance Civil Cost Estimator Performance Specs only will be provided for Fire Protection. Construction Documents for fire protection will be provided on a design/build basis through the General Contractor. 7. Geotechnical Enqineer: The services of a Geotechnical engineer are required and will be provided by the City. 8. Conceptual Desi,qn Phase: Architect will provide Conceptual Design services prior to beginning Schematic Design. Thes~ services will include: g. Review and analyze existing program document by Noll & Tam Architects. h. Verify conceptual square footage program. i. Review and analyze existing site information. j. Present and discuss conceptual program. k. Revise program and receive approval to proceed with Conceptual Design. I. Prepare Conceptual Plan, 9. Schematic Desiqn Phase: a. The Architect shall provide a preliminary evaluation of the City's program, schedule and construction budget requirements, each in terms of the other. b. Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the City, Schematic Design Documents consisting of the following Documents: DUBLIN SENIOR CENTER Exhibit "A" Page 2 Site Plan Floor Plan Exterior Elevation Colored Rendering Cost Estimate Roof Plan Typical Construction Details 10. Design Development Phase: a. Based on the approved Schematic Design Documents, the Architect shall prepare, for approval.by the City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical, and electrical systems, materials and such other elements as may be appropriate. b. The Architect shall provide an updated estimate of Construction Cost. If the cost estimate exceeds the project budget by more than 10%, the Architect will review cost saving options with the City and adjust the project design prior to proceeding with Construction Documents. c. Prepare the structural engineering documents to further establish and refine the structural systems developed in the Schematic Design phase to establish the basic structural system layout and dimensions, foundation design, sizing of major structural components, cdtical clearances and specifications. The documents shall be as follows: 1. Foundation plan indicating appropriate size, shape and location of footings. 2. Floor plans indicating vertical structural components, i.e., columns, lateral resisting frames and sheers walls to be strengthened or added. 3. Floor framing plan indicating the layout and sizes of primary structural system components. 4. Roof framing plan indicating layout and sizes of primary structural system components. 5. Primary building cross sections indicating primary structural systems components. 6. Typical construction details. 7. Outline specifications. d. Prepare the Mechanical Engineering documents to further establish and refine the plumbing, HVAC mechanical and fire sprinkler systems developed in the Schematic Design phase to establish the basic system layouts, equipment sizes, capacities and space requirements, acoustic and vibration control visual impacts and energy conservation measures. The document shall be as follows: 1. Piping and air duct distribution plans. 2. Fixture and equipment plans. 3. Outline fixtures and equipment schedules. 4. Roof drainage plan. 5. Typical construction details. 6. Energy conservation documents. 7. Outline specifications for plumbing, HVAC and fire sprinkler systems. e. Prepare the Electrical Engineering documents to further establish and refine the electrical power and lighting systems developed in the Schematic Design phase and to establish the basic system layouts, equipment sizes, capacities and space requirements and energy conservation measures. The documents shall be as follows: 1 Power and lighting plans. 2. Outline fixture and equipment schedules. 3. Typical construction details. 4. Energy conservation documentation. 5. Outline specifications. DUBLIN SENIOR CENTER Exhibit "k" .,~/,~ August 6, 2002 /~'~( ~' Page 3 f. Prepare Civil Engineering documents to establish preliminary site grading, drainage and utility plans and the conceptual landscape architecture site plans to establish the scope and pdmary details for the on site and off site civil engineering work. The documents shall be as follows: 1. Preliminary site grading plan. 2. Preliminary surface and storm drainage plan. 3. Preliminary site utility plan. 4. Preliminary site cross sections indicating curbs, roads and parking lots. 5. Typical construction details. 6. Outline specifications. g. Prepare the Landscape Architectural documents to further establish and refine the conceptual landscape/hardscape/softscape site plans approved by the City to establish the final scope and preliminary details for landscape architectural work. The documents shall be as follows: 1. Conceptual landscape architecture hardscape/softscape site plans. 2. Preliminary finish site grading and surface drainage plans (street, curb, gutter, and parking lot excluded). 3. Preliminary site planting improving plans. 4. Preliminary site irrigation. 5. Typical construction details. 6. Outline plant materials and site accessories/furniture schedules. 7. Statement of site lighting concept and light fixture selection. 8. Outline specifications. 11. Construction Documents Phase: a. Based on the approved Design Development Documents, the Architect shall prepare, for approval by the City, Construction Documents consisting of drawings and Specifications setting forth the requirements for the construction of the Project. The documents shall be fully coordinated between each. other, comply with current building standards, professional practice, government codes and regulations and be of sufficient details to obtain responsive and competitive bids and ensure timely completion of the construction of the project. The documents shall be prepared to conform with the following: 1. Consultant shall provide the City with one odginal copy of the drawings. 2. Consultant shall provide the City with one original copy of the drawings in the form of a CAD CD formatted for AutoCAD version 2000 or later. b. The Architect shall assist the City in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the City and Consultant. Front-end specification will be provided by the City. Bidding requirements, contract forms, contract conditions (general and supplementary) and specifications shall be combined together in a project manual. The project manual shall be prepared on 8 Y~ x 11 sheets, bound together with an appropriate binding. 1. The Consultant shall provide the City with one original copy of the project manual. 2. The Consultant shall provide the City with one original copy of the project manual in the form of a CD formatted for Microsoft Word, Version 2000 or better. c. The Architect shall assist the City in filing documents required for the approval of governmental authorities having jurisdiction over the Project. d Plan check comments from the City shall be incorporated into the project manual and drawings as necessary to obtain building permit. e, Review comments from the City shall be incorporated into the project manual and drawings prior to submission for bid. DUBLIN SENIOR CENTER August 6, 2002 /// Page 4 12. Bidding or Negotiation Phase: a. The Architect, following the City's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost shall assist the City in obtaining bids or negotiated proposals. The City will prepare the Contracts for Construction. b. The Architect shall research prepare and distribute addenda during the bidding phase, including preparation of supplementary drawings, specifications, instructions and notices, as may be necessary to inform bidders of changes in the bidding schedules and proceoures and changes or clarification of the specifications and drawings. 1. Corrections and clarifications of the contract documents and research and preparation of supplementary drawings, specifications, instructions and notices, as may be necessary to inform bidders of changes in the bidding schedules and procedures and changes or clarifications to the specifications and drawings. 2. Corrections and clarifications of the contract documents and research and preparation of supplementary drawings, specifications, instructions and notices related to addenda caused to be distributed by the architect shall be provided as a basic service and no additional compensation shall be paid to the architect on account that providing the services. 3. Research and preparation of supplementary drawings, specifications, instructions and notices related to addenda caused to be distributed by the City shall be provided as an extra for additional service and additional compensation shall be paid to architect on account of the architect providing the service. c. Architect shall attend the prebid conference. d. Architect shall respond to questions from bidders or proposers and clarify or interpret the bidding documents. e. Architect shall attend the bid opening. 13. Construction Phase-Administration of the Construction Contract: a. The Architect's responsibilities to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance of the City of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work b. Architect shall attend a pre-construction meeting and respond to questions from the construction Consultant and sub-consultants. Additionally, architect shall attend one construction meeting per week, at a time and at a location to be determined by the City, to review relevant project issues and to become generally familiar with the progress and quality of the work and to determine in ge ~eral if the work is proceeding in accordance with the contract documents. c. The Architect shall be a representative of and shall advise and consult with the City during Construction until final payment to the Consultant is due. The Architect shall have authority to act on behalf of the City only to the extent provided in this Agreement unless otherwise modified by written instrument. d. The Architect shall visit the construction site as may be required by the City construction manager to address technical issues and site conditions which may arise from time to time during the construction of the work. Such visits to the construction site shall be made with reasonable promptness as to cause no delay to the construction of the work. Architect shall keep the City informed of the progress and quality of the work, and shall endeavor to guard the City against defects and deficiencies in the work. e. The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Consultant's responsibility under the Contract for Construction. The Architect shall not be responsible for the Consultant's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Consultant, Sub-Consultants, or their agents or employees, or of any other persons performing the Work. f. The Architect shall at all times have access to the Work. DUBLIN SENIOR CENTER Exhibit "A" August 6, 2002 Page5 g. Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the City and Consultant shall communicate through the Architect. Communications by and with the Architect's consultant's shall be through the Architect. h. Based on the Architect's observations and evaluations of the Consultant's Applications for Payment, the Architect shall review and certify the amounts due to the Consultant. i. The Architect's cedification for payment shall constitute a representation to the City, based on the Architect's observations at the site and on the data comprising the Consultant's Application for Payment, that the Work has progressed to the point indicated and that to the best of the Architect's knowledge, information, and belief, the Work is in accordance with the contract Documents. The foregoing representations are. subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion. to results of subsequent tests and inspections, to minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a certificate of payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Sub-Contractors and material suppliers and other data requested by the City to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on the account of the Contract Sum. j. The Architect shall have the authority to reject Work, which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract k. The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as ShOp Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. I. Architect shall prepare supplemental drawings and clarifications, if required and requested by the City, to clarify the design intent. m. Architect shall assist the City's Construction Manager with the Construction Manager's responsibility for processing change orders by preparing lechnical documentation to describe'the portion of the work to be added, deleted or modified by changes orders as a result of the ambiguities, conflicts or deficiencies discovered in the construction documents, conditions of the work covered at the construction site, or changes in the scope of the project. The change orders shall be prepared and processed by the City construction manager. 1. Documentation required to be prepared on account of ambiguities, conflicts or deficiencies discovered in the construction documents shall be provided by the architect as basic service and no additional compensation shall be paid to the architect on account 'of providing the services. 2. Documentation required to be prepared on account of conditions of the work uncovered at the construction site or changes in the scope of the project caused through no fault of the Architect shall be provided as an extra additional service and additional compensation paid to the Consultant on account of the Consultant providing the service. DUBLIN SENIOR CENTER Exhibit "A" AUgust 6, 2002 n. Architect shall review nonconforming data material test data prepared by a testing and inspection company who is independently contracted with the City to provide testing and inspection services to the project. o. Architect shall assist the City's Construction Manager with the Construction Manager's responsibility for evaluating the contractor's application for payment and for review and certifying amounts due the contractor by reviewing the application for payments for conformance of the progress of the work based on the Architect's observation of the work. 14. Construction Cost: a. Evaluations of the City's Project Budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction Industry. It is recognized, however, that neither the Architect nor the City has control over the cost of labor, materials, or equipment, over the Consultant's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent the 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 Architect. b. The project budget has been 'set at $5,860,893 based on the cost estimate provided in the Dublin Senior Center Feasibility Study, February 4, 2002 by Noll & Tam. 15. Project Meetings & Presentations: The Architect has allowed for the following number of review meetings and presentations. Additional meetings or presentations will 13e provided as an additional service when requested by the City. Conceptual Design Senior Advisory Committee/City Staff 3 City Council Schematic Design Senior Advisory Committee/City Staff 3 Parks &Community Services Commission 1 City Council 1 Design Development Senior Advisory Committee/City Staff 2 Parks &Community Services Commission 1 City Council 1 Construction Documents City Staff 2 16. Renderinqs: Architect will provide one color rendering for Schematic Design approval. 17. Revisions: Architectural work that is required to be revised after program or schematic design approval due to changes by the City or its committees shall be done as an additional service on an hourly basis. Revisions required by the Building Department for permit are included in the project scope and fee. 18. Schedule: The current schedule is Construction Documents will be completed within twelve (12) months. Specific schedule milestones will be developed with the City, as information is available, based on the optimum timing and construction sequencing for both the Senior Center and Senior Housing. 19. Public Art: '[he Architect will coordinate with the City to incorporate a public artwork provided by the City. The artwork will be display only and not part of the structural system of the building. 20. Work Not Included: The following items are not included within the project scope or.fee: DUBLIN SENIOR CENTER Exhibit "A" August 6, 2002 a. Entitlement processing, including EIR, traffic studies, biological or other land use studies. b. Improvements required beyond the property line, except those specifically listed. c. Geotechnical Engineer. d. Renderings, models or graphic presentation material other than those specifically listed. e. Public presentations or meetings other than those specifically listed. f. Phase building, multiple permits, multiple bid sets, or fast track construction. g. Consultant services, other than those specifically listed. h.' Design or coordination with future Senior Housing, except as specifically listed. Green building consultant or L.E.E.D. Certification. 20. Fee Schedule: Services shall be compensated with the following fixed fees: Conceptual Design $ 22,000 Schematic Design $69,000 Design Development $112,000 Working Drawings $285,000 Construction Administration $68,000 TOTAL $556 000 Senior Housing Coordination $12,000 hourly, initial cap 21 Retainer: An initial payment of $18,000 shall be made upon execution of this Agreementand credited to the City's account at final payment. 22. Work Suspension: Architect may suspend work if payment is more than 90 days due. Architect may resume work after past due amounts are paid and acceptable arrangements are made to continue future timely payments. Architect will provide a written notice, to the City, fifteen (15) days pdor to suspension of work. 23. Reimbursable Expenses: The following is a good faith estimate of reimbursable expenses. This amount will not be exceeded without the City% approval. Blueprints Conceptual Design $2,000 Schematic Design $2,000 Desig~ Development $4,000 Construction Documents $6,000 Postage $500 Miscellaneous $500 TOTAL $15,000 Architect will provide three (3) sets of plans and specifications at completion of Schematic Design, Design Development, and Construction Documents. Architect will also provide electronic versions of all documents on AutoCAD, version 2000, on CD ROM discs. Additional copies and all copies for bidding and construction will be provided by the City. Architect will not charge for local travel time, mileage, telephone or fax. Overnight delivery services will only be used when specifically requested by the City and are not included in the reimbursable expenses. 24. The hourly rates for each professional are attached. END OF EXHIBIT A