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R-11-04-14-10C3 - 4/14/2011RESOLUTION NO. R -11-04-14-10C3 WHEREAS, the City of Round Rock has previously entered into a Contract for Landscape Architecture Services ("Contract") with Baker-Aicklen & Associates, Inc. for the Municipal Office Complex (MOC) Plaza Improvements Project, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted Supplemental Contract No. 1 to the Contract to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Contract No. 1 with Baker-Aicklen & Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Contract No. 1 to the Contract with Baker-Aicklen & Associates, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of April, 2011. Ce'/( l ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: ii/i4vt.. tha;t- SARA L. WHITE, City Secretary O:\wdo x\S CClnts\0112\ 1104\MUNICIPAL \00218962. DOC/rmc STATE OF TEXAS COUNTY OF WILLIAMSON EXHIBIT „A„ SUPPLEMENTAL CONTRACT NO. 1 TO CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES FIRM: BAKER-AICKLEN & ASSOCIATES, INC. ("Consultant") ADDRESS: 507 Liberty Avenue, Round Rock, TX 78664 PROJECT: Municipal Office Complex (MOC) Plaza Improvements This Supplemental Contract No. 1 to Contract for Landscape Architecture Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and Baker-Aicklen & Associates, Inc., hereinafter called the "Consultant". WHEREAS, the City and Consultant executed a Contract for Landscape Architecture Services, hereinafter called the "Contract", on the 17th day of September, 2010 for the Municipal Office Complex (MOC) Plaza Improvements Project in the amount of $31,912.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by $41,328.00 to a total of $73,240.00; and NOW THEREFORE, premises considered, the City and the Consultant agree that said Contract is amended as follows: 1. Article 2, Landscape Architecture Services and Exhibit B, Landscape Architecture Services shall be amended as set forth in the attached Addendum To Exhibit B. Exhibit C. Work Schedule shall be amended as set forth in the attached Addendum To Exhibit C. II. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $41,328.00 the lurnp sum amount payable under the Contract for a total of $73,240.00, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, the City and the Consultant have executed this Supplemental Contract in duplicate. Supplemental Contract 0199.7147; 217067 Aa30dmcpl Rcv.01/10/11 211175 BAKER-AICKLEN & AS By: 644, Degh , 6-64l-esi Date CIATES, INC. meetk , 2Du CITY OF ROUND ROCK By: APPROVED AS TO FORM: Alan McGraw, Mayor Stephan L. Sheets, City Attorney Date Supplemental Contract 0199.7147; 217067 Aa30dmcpl 2 Rev.O1/10/11 211175 ADDENDUM TO EXHIBIT B Landscape Architecture Services B1. General Scope The purpose of the services proposed herein is to provide professional consulting services necessary for the development of this municipal plaza project. It is the Consultants intent to work in effective cooperation with the City to achieve an efficient and acceptable implementation of the project. B1.1 Program In addition to the original scope Consultant shall provide services, as later described for, but not limited to, the following general program elements. • Events Plaza • Connection to Existing Amphitheatre • Amphitheatre and Overlook • Enhanced Landscape/Grade Transition • Art/Focal Point Element (Optional AS3.0) B1.2 Development Budget Goal The proposed development budget goal for all items of work previously described has been increased $325,000 for a revised total development budget of $625,000 which includes plans, specifications, opinion of probable construction costs and actual hard construction costs. The Consultant will generate and revise an opinion of probable construction costs (OPCC) throughout the project's design development but does not guarantee that proposals, bids, or actual Project cost will not vary from its opinion of probable construction costs (OPCC). B1.3 Scope of Basic Services In addition to the original scope of basic services and above stated general scope and program previously defined, The Consultant will provide the following scope of basic services: (Note: Landscape and electrical design for Brown and Florence Street Improvements are not included with this scope of basic services but are included as an optional additional service with this agreement. Structural Design for shade system at amphitheater also included as an optional additional service with this agreement. B1.6 Construction Documentation 1 Regulatory Entitlement 1Permitting Given the City's approval of the schematic design for the Phase 1(initial agreement) and 1 A (Attachment A) and the Consultants opinion of probable construction costs (OPCC), the Consultant will develop working drawings and technical specifications necessary to construct the work. Working drawings may include, but not be limited to the following information: construction notes, water connection/utility, grading, landscape drainage design, dimension control/layout, erosion/sedimentation, landscape, irrigation, site details, structural detail and electrical design plans. The Consultant shall compliment drawings with specifications, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the work. The Consultant shall coordinate utility needs with the City and utility service provider(s). The Consultant shall: • Coordinate construction drawings and specifications with the Brown and Florence Street Design. • Prepare construction drawings and specifications and opinion of probable construction -costs (OPCC) to be incorporated/included with the deliverables and jurisdictional and regulatory submittals indicated with the initial agreement. Deliverables shall be included at 60%, 90% and 100%. • Review all modifications requested by jurisdictional and regulatory agencies with the City. • Revise construction documents and drawings and submit to the appropriate agency(s) for final processing, approvals and permits as needed. (Note: All permit, application and review fees are to be paid by the City. Opinions of Probable Construction Costs (OPCC) Opinions of probable construction costs provided by the Consultant are based on the Consultant's familiarity with the construction industry and are provided only to assist the City's budget planning; such opinions shall not be construed to provide a guarantee or warranty of the actual construction costs at the time construction bids are solicited or construction contracts negotiated Unless expressly agreed in writing and signed by the parties, 110 fixed limit of construction costs is established as a condition of this Agreement by the furnishing of opinions of probable construction costs. B1.7 Bidding Consultant shall assist City during the bidding process. The Consultant shall: • Prepare proposal forms consistent with the City's requirements. • Prepare and issue addenda. • Review bids including alternates. (Note: The program items included with this supplemental agreement are to be bid with the initial Phase 1 design program. Brown and Florence Street Improvements are to be designed and bid under separate contract by others.) B1.8 Construction Observation The Consultant shall provide construction observation services in support of work prepared for bidding and implementation related to this project. Estimated construction time six (6) months. Consultant shall conduct bimonthly progress meetings to monitor the status and quality of construction and to determine in general if the construction is proceeding in accordance with the intent of the design and construction documents. The Consultant may periodically make additional site visits other than progress meetings. On the basis of its observations while at the site, the Consultant will keep the City informed of the progress of construction and may recommend to the City the rejection of work failing conformance to the contract documents. Construction Observation and progress meetings shall be concurrent with Phase 1 construction observation. The Consultant shall endeavor to secure compliance by the contractor to the plans and specifications. The Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures in connection with the work and the Consultant shall not be responsible for the contractor's errors or omissions or failure to carry out the work in accordance with the contact documents. This process shall include: • Constructions observation — preparation and processing of Requests for Information, Change Proposals, Change Orders, Change Directives, review/approval of shop drawing, submittals and mock-ups (as required). • Review and approve contractor Applications for Payment. • Coordinate final inspection(s) and walk-thru for substantial completion; issue punch list for incomplete items including time for completion. • Conduct final inspection for acceptance of project. • Acquire final close-out documents, warranties, accurate as -built drawings and other documents required to close-out project from the contractor. • Review and approve contractor's final Application(s) for Payment including retainage. • Assist City in scheduling TDLR inspection for accessibility. Inspection fee to be paid by City. Field changes, change directives, change orders or any other changes during construction of the project initiated by the City, without prior written consent of the Consultant, shall indemnify and hold the Consultant harmless from any damage, liability or cost, including reasonable attorneys' fees and costs of defense, arising from such changes. B3 Electrical Engineering Design Services The consultant shall not peform the services under this section unless the City issues a written Notice to Proceed (NTP) specifically for these services. Consultant will develop working drawings and technical specifications necessary to construct the work and may include, but not be limited to the following information: electrical load analysis, electrical site plan wiring diagram, and Comcheck energy run for the overlook and amphitheater. The Consultant shall compliment drawings with specifications, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the work. The Consultant shall coordinate utility needs with the City and utility service provider(s). The Consultant shall assist with bid RFI's and addenda as required. The Consultant shall attend two construction site visits, review submittals, and answer contractor RFI's as required. (Note: Electrical design for Brown and Florence Street Improvements are not included with this scope of basic services but are included as an optional additional service with this agreement.) B4 Irrigation Design Services The consultant shall not perform the services under this section unless the City issues a written Notice to Proceed (NTP) specifically for these services. Consultant will develop working drawings and technical specifications necessary to construct the work and may include, but not be limited to the following information: mainline locations, points of connection, controller location(s), valve locations with stationing and water demand indicated, lateral lines, heads, head coverage and irrigation details and performance specifications for the overlook, amphitheater, and Brown and Florence Street Improvements. The Consultant shall compliment drawings with specifications, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the work. The Consultant shall coordinate utility needs with the City and Electrical Engineer. Construction observation to be provided by project landscape architect. B5 Structural Engineering Design Services The consultant shall not perform the services tinder this section unless the City issues a written Notice to Proceed (NTP) specifically for these services. Consultant will develop working drawings and technical specifications necessary to construct the work and may include, but not be limited to the following information: perform analysis and design of foundations, retaining walls, ramps and steps for the overlook and amphitheater; perform analysis and design of light standard structure and foundation; prepare plans and specifications for the aforementioned elements; and attend meetings as required by the Consultant and City. The Consultant shall coordinate utility needs with the City and utility service provider(s). The Consultant shall assist with bid RFI's and addenda as required. The Consultant shall attend required site visits, provide field observation reports, review shop drawings and submittals, and answer contractor BFI's as required. (Note: Structural design for Brown and Florence Street Improvements are not included with this scope of basic services.) AS2.0 Landscape Design Services for Brown and Florence Roadway and Parking Lot Improvements The consultant shall not perform the services under this section unless the City issues a written Notice to Proceed (NTP) specifically for these services. Consultant will develop working drawings and technical specifications necessary to construct the work and may include, but not be limited to the following information: landscape planting plan, details and notes. The Consultant shall compliment drawings with specifications, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the work. The Consultant shall assist with bid RFI' s and addenda as required. The Consultant shall perform construction observation services concurrently with the original agreement scope of basic services and issue a letter of concurrence as required by the City. AS3.0 Structural Engineering Design Services for Plaza Icon The consultant shall not perform the services under this section unless the City issues a written Notice 10 Proceed (NTP) specifically for these services. Consultant will develop working drawings and technical specifications necessary to construct the work and may include, but not be limited to the following information: perform analysis and design of foundations and framing for plaza icon structures; prepare plans and specifications for the aforementioned element; and attend meetings as required by the Consultant and City. The Consultant shall coordinate utility needs with the City and utility service provider(s). The Consultant shall assist with bid RFI's and addenda as required. The Consultant shall attend required site visits, provide field observation reports, review shop drawings and submittals, and answer contractor BFI's as required. (Note: Structural design for Brown and Florence Street Improvements are not included with this scope of basic services.) AS4.0 Structural Engineering Design Services for Amphitheater Shade Structure The consultant shall not perform the services under this section unless the City issues a written Notice to Proceed (NTP) specifically for these services. Consultant will develop working drawings and technical specifications necessary to construct the work and may include, but not be Limited to the following information: perform analysis and design of foundations and framing for amphitheater shade structures; prepare plans and specifications for the aforementioned elements; and attend meetings as required by the Consultant and City. The Consultant shall coordinate utility needs with the City and utility service provider(s). The Consultant shall assist with bid RFI's and addenda as required. The Consultant shall attend required site visits, provide field observation reports, review shop drawings and submittals, and answer contractor RFI's as required. (Note: Structural design for Brown and Florence Street Improvements are not included with this scope of basic services.) ADDENDUM TO EXHIBIT C Work Schedule ADDENDUM TO EXHIBIT D Fee Schedule Attached Behind This Page ADDENDUM TO EXHIBIT D Fee Schedule The Consultant's "Scope of Services" and associated Base Fees for providing professional services for this project shall be according to the terms in this Agreement and outlined as follows: Basic Services Initial Agreement Supplemental Agreement Total Fee B 1.4 Data Collection ( Site Assessment $ 2,171 0 $ 2,171 B 1.5 Schematic Design 1 Public Input Process $ 5,371 0 $ 5,371 B 1.6 Construction Documentation 1 Regulatory $ 8,709 $20,618 $ 29,327 B 1.7 Bidding $ 1,075 $ 860 $ 1,935 B 1.8 Construction Observation $ 4,286 $ 3,070 $ 7,356 B2 Surveying Services $ 1,600 0 $ 1,600 B3 Electrical Engineering $ 6,050 $ 2,035 $ 8,085 B4 Irrigation Design $ 1,650 $ 3,300 $ 4,950 B5 Structural Engineering 0 $ 10,945 $ 10, 945 Subtotal Basic Services $ 30,912 $ 40,828 $ 71,740 Reimbursable Expenses (Not to exceed) $ 1,000 $ 500 $ 1,500 Total Fee $31,912 $41,328 $73,240 AS2.0 Landscape Design Services for Brown and 0 $ 4,320 $ 4,320 AS3.0 Structural Engineering Design Services for Plaza Icon 0 $ 3,300 $ 3,300 AS4.0 Structural Engineering Design Services for Amphitheater Shade Structure 0 $ 5,005 $ 5,005 Subtotal Additional Services $ 12,625 $ 12,625 Note: If additional services are required beyond the scope enumerated, then additional compensation will be requested. City shall be notified and authorize additional services and compensation beyond the total fee prior to Consultant performing requested services. ADDENDUM TO EXHIBIT D Fee Schedule Man-hour Projection Project: Municipal Office Complex Plaza Phase: Basic Design Services MLA = Managing Landscape Architect SLA = Sr. Landscape Architect/Proj. Mngr. SPE = Sr. Engineer CD = CAO Designer/Designer Task Description: IPA BAKER-AICKLEN G. ASSOCIATES, INC. MLA SLA SPE CD Total 1.4 Constuction Documentation I Regulatory Entitlement 1 20 76 18 76 190 Permitting 1.5 Bidding 8 8 1.6 Construction Observation 2 26 28 Man-hour Summary 22.0 110.0 18.0 76.0 226 ADDENDUM TO EXHIBIT D Fee Schedule Project: Municipal Office Complex Plaza Phase: Basic Design Services Task Description Man-hour Fee Summary MLA SLA SPE , BAKER-AlCKLEN & ASSOCIATES, INC. CD Total Hours Salary Rate Direct Labor Cost Design Services Fee: Task 22 110 18 76 $42.00 $33.00 $43.00 $29.00 $924.00 $3,630.00 $774.00 $2,204.00 Direct Labor Overhead Tot iabtOH Fixed Fee Total Cost 1.91 12% 1.4 Construction 20 76 18 76 1.4 Documentation 1 $504.24 $768.24 $92.19 $860A3 1.6 Regulatory Entitlement 1 $1,799.22 $2,741.22 $328.95 $3,070.17 Permitting 0 8 0 0 1.5 Bidding Construction 2 26 0 0 1.6 Observation Total Hours Salary Rate Direct Labor Cost Design Services Fee: Task 22 110 18 76 $42.00 $33.00 $43.00 $29.00 $924.00 $3,630.00 $774.00 $2,204.00 Direct Labor Overhead Tot iabtOH Fixed Fee Total Cost 1.91 12% 1.4 $6,326.00 $12,082.66 $18,408.66 $2,209.04 $20,617.70 1.5 $264.00 $504.24 $768.24 $92.19 $860A3 1.6 $942.00 $1,799.22 $2,741.22 $328.95 $3,070.17 Total Fee $7,532.00 $14,386.12 $21,918.12 $2,630.17 $24,548.29 (Note - Reimbursable Fees are not included above) ADDENDUM TO EXHIBIT D Fee Schedule Project Summary I Direct Expenses Project: Municipal Office Complex Plaza Basic Services Summa IA.BAKER-AICKLEN & ASSOCIATES, INC. OTHER DIRECT COSTS (ODCc) CONSULTANT FEE Direct Overhead Tot lab+Ol{ Fixed Fee 12% Total Cost Subconsultants Cost 360 Engineering - Structural Engineering 1 10,946 17,532.00 $14,386.12 121,918.12 $2,630.17 124,548.29 FEULS - Electrical Engineering $ 2,035 Sweene and Assoc. - Irrigation Design $ 3,300 Total Subconsultants $ 18,280 Material Expenses Total $ 24,548 Reproduction (Color Exhibits/Reprographics) Reproduction (Plans and Specifications) $ 500 $ - PostagelDefvery Supphes S - Telephone & FAX $ - $ 600 Subtotal Material Expenses Miscellaneous Expenses (Estimated Reimbursable Expenses) Summary Travel (tMeage) $ 1. Total Hours _ 226 Hotel S - 2. Total Labor Dollars $ 24,548 Automobile $ - 3. Subconsultants $ 10,280 1 500 Meals $ - 4. Material Dollars $ - Miscellaneous $ - 6. Miscellaneous Dollars $ 41,328 Subtotal Miscellaneous Expenses $ - 6. TOTAL BASIC SERVICES Additional Services Summary AS2.0 Landscape Design (Brown/FIorence/Parking Lot) AS3.0 Structural Design (Plaza Icon) AS4.0 Structural Design (Amphitheater Shade Structure) Cost $ 4,320 $ 3,300 $ 6,005 $ 12,626 ATTACHMENT A ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Agenda Item No. 10C3. City Council Agenda Summary Sheet Agenda Caption: Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 with Baker-Aicklen & Associates, Inc. for the Municipal Office Complex (MOC) Plaza Improvements. Meeting Date: April 14, 2011 Department: Parks and Recreation Staff Person making presentation: Rick Atkins Parks and Recreation Director Item Summary: This item will allow the City to work with Baker-Aicklen & Associates to design the Municipal Office Complex Plaza Improvements Project. The original agreement ($31,912) was authorized on September 17, 2010 and included professional design services for the MOC Plaza (limits were west of Brown Street and north of the southern edge of Baca Center). City Council authorized an additional $350,000 for the MOC Plaza to include the amphitheater area/overlook and the slope enhancements between the plaza and the parking lot. Supplemental Contract No. 1 will include the additional professional services for design development, construction documents, regulatory approval, and construction observation related to these two additional areas. The original agreement and Supplemental Contract No. 1 combine for a total professional services fee of $73,240.00. This corresponds to 11.26% of the total project budget ($650,000) which is below the normal 12-15% range for design services. Staff feels this fee is in line with the scope and complexity of the Municipal Office Complex Plaza. The design process is expected to be completed in August (includes three months for TCEQ approval) with construction occurring October 2011 to March 2012. This project timeline parallels the project timeline of the Brown/Florence Street Improvements Project as the two projects have numerous project dependencies. Strategic Plan Relevance: The Municipal Office Complex Plaza Improvements Project directly relates to all of the priority and endorsed goals of the Recreation, Arts and Culture Initiatives (Goals 33-37) in the Places and Spaces section of the Strategic Plan. Cost: $41,328.00 Source of Funds: General Self -Financed Construction Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENT FOLLOWS STATE OF TEXAS COUNTY OF WILLIAMSON § § § SUPPLEMENTAL CONTRACT NO. 1 TO CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES FIRM: BAKER-AICKLEN & ASSOCIATES, INC. ("Consultant") ADDRESS: 507 Liberty Avenue, Round Rock, TX 78664 PROJECT: Municipal Office Complex (MOC) Plaza Improvements This Supplemental Contract No. 1 to Contract for Landscape Architecture Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and Baker-Aicklen & Associates, Inc., hereinafter called the "Consultant". WHEREAS, the City and Consultant executed a Contract for Landscape Architecture Services, hereinafter called the "Contract", on the 17th day of September, 2010 for the Municipal Office Complex (MOC) Plaza Improvements Project in the amount of $31,912.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by $41,328.00 to a total of $73,240.00; and NOW THEREFORE, premises considered, the City and the Consultant agree that said Contract is amended as follows: I. Article 2, Landscape Architecture Services and Exhibit B, Landscape Architecture Services shall be amended as set forth in the attached Addendum To Exhibit B. Exhibit C, Work Schedule shall be amended as set forth in the attached Addendum To Exhibit C. II. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $41,328.00 the lump sum amount payable under the Contract for a total of $73,240.00, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, the City and the Consultant have executed this Supplemental Contract in duplicate. Supplemental Contract 0199.7147; 217067 Aa3Odmcpl 1 12-, 1- - (k-1. oc- Rev.01/10/11 211175 BAKER-AICKLEN & AS By: 644:v De%s?, &v 1 Date CITYO" ' CIATES, INC. By: UND ROCK )11 Alan McGraw, Mayor 'HIE 11 Date Supplemental Contract 0199.7147; 217067 Aa30dincpl 2 APP ED AS TOIFORM: Stepha L. Sheets, City Attorney Rev.01 /I0/11 211175 ADDENDUM TO EXHIBIT B Landscape Architecture Services B1. General Scope The purpose of the services proposed herein is to provide professional consulting services necessary for the development of this municipal plaza project. It is the Consultants intent to work in effective cooperation with the City to achieve an efficient and acceptable implementation of the project. B1.1 Program In addition to the original scope Consultant shall provide services, as later described for, but not limited to, the following general program elements. • Events Plaza • Connection to Existing Amphitheatre • Amphitheatre and Overlook • Enhanced Landscape/Grade Transition • Art/Focal Point Element (Optional AS3.0) B1.2 Development Budget Goal The proposed development budget goal for all items of work previously described has been increased $325,000 for a revised total development budget of $625,000 which includes plans, specifications, opinion of probable construction costs and actual hard construction costs. The Consultant will generate and revise an opinion of probable construction costs (OPCC) throughout the project's design development but does not guarantee that proposals, bids, or actual Project cost will not vary from its opinion of probable construction costs (OPCC). B1.3 Scope of Basic Services In addition to the original scope of basic services and above stated general scope and program previously defined, The Consultant will provide the following scope of basic services: (Note: Landscape and electrical design for Brown and Florence Street Improvements are not included with this scope of basic services but are included as an optional additional service with this agreement. Structural Design for shade system at amphitheater also included as an optional additional service with this agreement. B1.6 Construction Documentation J Regulatory Entitlement JPermitting Given the City's approval of the schematic design for the Phase 1(initial agreement) and 1A (Attachment A) and the Consultants opinion of probable construction costs (OPCC), the Consultant will develop working drawings and technical specifications necessary to construct the work. Working drawings may include, but not be limited to the following information: construction notes, water connection/utility, grading, landscape drainage design, dimension control/layout, erosion/sedimentation, landscape, irrigation, site details, structural detail and electrical design plans. The Consultant shall compliment drawings with specifications, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the work. The Consultant shall coordinate utility needs with the City and utility service provider(s). The Consultant shall: • Coordinate construction drawings and specifications with the Brown and Florence Street Design. • Prepare construction drawings and specifications and opinion of probable construction -costs (OPCC) to be incorporated/included with the deliverables and jurisdictional and regulatory submittals indicated with the initial agreement. Deliverables shall be included at 60%, 90% and 100%. • Review all modifications requested by jurisdictional and regulatory agencies with the City. • Revise construction documents and drawings and submit to the appropriate agency(s) for final processing, approvals and permits as needed. (Note: All permit, application and review fees are to be paid by the City. Opinions of Probable Construction Costs (OPCC) Opinions of probable construction costs provided by the Consultant are based on the Consultant's familiarity with the construction industry and are provided only to assist the City's budget planning; such opinions shall not be construed to provide a guarantee or warranty of the actual construction costs at the time construction bids are solicited or construction contracts negotiated. Unless expressly agreed in writing and signed by the parties, no fixed limit of construction costs is established as a condition of this Agreement by the furnishing of opinions of probable construction costs. B1.7 Bidding Consultant shall assist City during the bidding process. The Consultant shall: • Prepare proposal forms consistent with the City's requirements. • Prepare and issue addenda. • Review bids including alternates. (Note: The program items included with this supplemental agreement are to be bid with the initial Phase 1 design program. Brown and Florence Street Improvements are to be designed and bid under separate contract by others.) B1.8 Construction Observation The Consultant shall provide construction observation services in support of work prepared for bidding and implementation related to this project. Estimated construction time six (6) months. Consultant shall conduct bimonthly progress meetings to monitor the status and quality of construction and to determine in general if the construction is proceeding in accordance with the intent of the design and construction documents. The Consultant may periodically make additional site visits other than progress meetings. On the basis of its observations while at the site, the Consultant will keep the City informed of the progress of construction and may recommend to the City the rejection of work failing conformance to the contract documents. Construction Observation and progress meetings shall be concurrent with Phase 1 construction observation. The Consultant shall endeavor to secure compliance by the contractor to the plans and specifications. The Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures in connection with the work and the Consultant shall not be responsible for the contractor's errors or omissions or failure to carry out the work in accordance with the contact documents. This process shall include: • Constructions observation — preparation and processing of Requests for Information, Change Proposals, Change Orders, Change Directives, review/approval of shop drawing, submittals and mock-ups (as required). • Review and approve contractor Applications for Payment. • Coordinate final inspection(s) and walk-thru for substantial completion; issue punch list for incomplete items including time for completion. • Conduct final inspection for acceptance of project. • Acquire final close-out documents, warranties, accurate as -built drawings and other documents required to close-out project from the contractor. • Review and approve contractor's final Application(s) for Payment including retainage. • Assist City in scheduling TDLR inspection for accessibility. Inspection fee to be paid by City. Field changes, change directives, change orders or any other changes during construction of the project initiated by the City, without prior written consent of the Consultant, shall indemnify and hold the Consultant harmless from any damage, liability or cost, including reasonable attorneys' fees and costs of defense, arising from such changes. B3 Electrical Engineering Design Services The consultant shall not perform the services under this section unless the City issues a written Notice to Proceed (NTP) specifically for these services. Consultant will develop working drawings and technical specifications necessary to construct the work and inay include, but not be limited to the following information: electrical load analysis, electrical site plan wiring diagram, and Comcheck energy run for the overlook and amphitheater. The Consultant shall compliment drawings with specifications, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the work. The Consultant shall coordinate utility needs with the City and utility service provider(s). The Consultant shall assist with bid RFI's and addenda as required. The Consultant shall attend two construction site visits, review submittals, and answer contractor RFI's as required. (Note: Electrical design for Brown and Florence Street Improvements are not included with this scope of basic services but are included as an optional additional service with this agreement.) B4 Irrigation Design Services The consultant shall not perform the services under this section unless the City issues a written Notice to Proceed (NTP) specifically for these services. Consultant will develop working drawings and technical specifications necessary to construct the work and may include, but not be limited to the following information: mainline locations, points of connection, controller location(s), valve locations with stationing and water demand indicated, lateral lines, heads, head coverage and irrigation details and performance specifications for the overlook, amphitheater, and Brown and Florence Street Improvements. The Consultant shall compliment drawings with specifications, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the work. The Consultant shall coordinate utility needs with the City and Electrical Engineer. Construction observation to be provided by project landscape architect. B5 Structural Engineering Design Services The consultant shall not perform the services under this section unless the City issues a written Notice to Proceed (NTP) specifically for these services. Consultant will develop working drawings and technical specifications necessary to construct the work and may include, but not be limited to the following information: perform analysis and design of foundations, retaining walls, ramps and steps for the overlook and amphitheater; perform analysis and design of light standard structure and foundation; prepare plans and specifications for the aforementioned elements; and attend meetings as required by the Consultant and City. The Consultant shall coordinate utility needs with the City and utility service provider(s). The Consultant shall assist with bid RFI's and addenda as required. The Consultant shall attend required site visits, provide field observation reports, review shop drawings and submittals, and answer contractor RFI's as required. (Note: Structural design for Brown and Florence Street Improvements are not included with this scope of basic services.) AS2.0 Landscape Design Services for Brown and Florence Roadway and Parking Lot Improvements The consultant shall not perform the services under this section unless the City issues a written Notice to Proceed (NTP) specifically for these services. Consultant will develop working drawings and technical specifications necessary to construct the work and may include, but not be limited to the following information: landscape planting plan, details and notes. The Consultant shall compliment drawings with specifications, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the work. The Consultant shall assist with bid BFI's and addenda as required. The Consultant shall perform construction observation services concurrently with the original agreement scope of basic services and issue a letter of concurrence as required by the City. AS3.0 Structural Engineering Design Services for Plaza Icon The consultant shall not perform the services under this section unless the City issues a written Notice to Proceed (NTP) specifically for these services. Consultant will develop working drawings and technical specifications necessary to construct the work and may include, but not be limited to the following information: perform analysis and design of foundations and framing for plaza icon structures; prepare plans and specifications for the aforementioned element; and attend meetings as required by the Consultant and City. The Consultant shall coordinate utility needs with the City and utility service provider(s). The Consultant shall assist with bid RFI's and addenda as required. The Consultant shall attend required site visits, provide field observation reports, review shop drawings and submittals, and answer contractor RFI's as required. (Note: Structural design for Brown and Florence Street Improvements are not included with this scope of basic services.) AS4.0 Structural Engineering Design Services for Amphitheater Shade Structure The consultant shall not perform the services under this section unless the City issues a written Notice to Proceed (NTP) specifically for these services. Consultant will develop working drawings and technical specifications necessary to construct the work and may include, but not be Iimited to the following information: perform analysis and design of foundations and framing for amphitheater shade structures; prepare plans and specifications for the aforementioned elements; and attend meetings as required by the Consultant and City. The Consultant shall coordinate utility needs with the City and utility service provider(s). The Consultant shall assist with bid RFI's and addenda as required. The Consultant shall attend required site visits, provide field observation reports, review shop drawings and submittals, and answer contractor RFI's as required. (Note: Structural design for Brown and Florence Street Improvements are not included with this scope of basic services.) ADDENDUM TO EXHIBIT C Work Schedule AMENDED TENTATIVE WORK SCHEDULE 2011 I I l t -I tM '.' IR 1 jhi atfbt1140 T' � q , &1%k:Fi Si r alkt 0.0. 27 0 t�! 3f WAIIit }3 F " g aataZig iM tittga $� ,446Z flOiG 3 {4 : ^ , E44 r : r . s F r r , F ,g, r `t ., l h . X : ` M. L } �;j tit a5un,,. < ;,a, �jt farFa mt M...attFl I }rt.? k54 's 4t.5= �..,�...., .y.tk,..r, .w.,4i,9J1,ti+L s,.� .,!u..a..0 .. a:-1:< .,... ., ..s I.� Construction Documentation I Regulatory 111 a Entitlement 1 Permitting Q Modlf. Approval by ° h.. Note: This schedule includes adiusted intial desian schedule with additional design scone This SChAltlIIP is tont tivp and takoc . ul X 6. z 0 w rn c v v m Construction Observation ADDENDUM TO EXHIBIT D Fee Schedule Attached Behind This Page ADDENDUM TO EXHIBIT D Fee Schedule TLie Consultant's "Scope of Services" and associated Base Fees for providing professional services for this project shall be according to the terms in this Agreement and outlined as follows: Basic Services Initial Agreement Supplemental Agreement Total Fee B 1.4 Data Collection 1 Site Assessment $ 2,171 0 $ 2,171 B 1.5 Schematic Design'$ Public Input Process 5,371 0 $ 5,371 B 1.6 Construction Documentation 1 Regulatory $ 8,709 $20,618 $ 29,327 B 1.7 Bidding $ 1,075 $ 860 $ 1,935 B 1.8 Construction Observation $ 4,286 $ 3,070 $ 7,356 B2 Surveying Services $ 1,600 0 $ 1,600 B3 Electrical Engineering $ 6,050 $ 2,035 $ 8,085 B4 Irrigation Design $ 1,650 $ 3,300 $ 4,950 B5 Structural Engineering 0 $ 10,945 $ 10, 945 Subtotal Basic Services $ 30,912 $ 40,828 $ 71,740 Reimbursable Expenses (Not to exceed) $ 1,000 $ 500 $ 1,500 Total Fee $31,912 $41,328 $73,240 AS2.0 Landscape Design Services for Brown and 0 $ 4,320 $ 4,320 AS3.0 Structural Engineering Design Services for Plaza Icon 0 $ 3,300 $ 3,300 AS4.0 Structural Engineering Design Services for Amphitheater Shade Structure 0 $ 5,005 $ 5,005 Subtotal Additional Services $ 12,625 $ 12,625 Note: If additional services are required beyond the scope enumerated, then additional compensation will be requested. City shall be notified and authorize additional services and compensation beyond the total fee prior to Consultant performing requested services. ADDENDUM TO EXHIBIT D Fee Schedule Man-hour Projection Project: Municipal Office Complex Plaza Phase: Basic Design Services MLA = Managing Landscape Architect SLA = Sr. Landscape Architect/Proj. Mngr. SPE = Sr. Engineer CD = CAD Designer/Designer Task Description: Ilk BAKER-AICKLEN & ASSOCIATES, INC. MLA SLA SPE CD Total 1.4 Constuction Documentation I Regulatory Entitlement i 20 76 18 76 190 Perm itting 1.5 Bidding 8 8 1.6 Construction Observation 2 26 28 an -pour Summary 2.0 110.0 18.0 76.0 226 ADDENDUM TO EXHIBIT D Fee Schedule Project: Municipal Office Complex Plaza Phase: Basic Design Services Task Description Man-hour Fee Summary MLA SLA SPE CD BAKER-AlCKLEN & ASSOCIATES, INC. Total Hours Salary Rate Direct Labor Cost Design Services Fee: Task 22 110 18 76 $42.00 $33.00 $43.00 $29.00 $924.00 $3,630.00 $774.00 $2,204.00 Direct Labor Overhead Tot lab+OH Fixed Fee Total Cost 1.91 12% 1.4 Construction 20 76 18 76 1.4 Documentation 1 $504.24 $768.24 $92.19 $860.43 1.6 Regulatory Entitlement 1 $1,799.22 $2,741.22 $328.95 $3,070.17 Permitting 1.5 0 8 0 0 Bidding Construction 2 26 0 0 1.6 Observation Total Hours Salary Rate Direct Labor Cost Design Services Fee: Task 22 110 18 76 $42.00 $33.00 $43.00 $29.00 $924.00 $3,630.00 $774.00 $2,204.00 Direct Labor Overhead Tot lab+OH Fixed Fee Total Cost 1.91 12% 1.4 $6,326.00 $12,082.66 $18,408.66 $2,209.04 $20,617.70 1.5 $264.00 $504.24 $768.24 $92.19 $860.43 1.6 $942.00 $1,799.22 $2,741.22 $328.95 $3,070.17 Total Fee $7,532.00 $14,386.12 $21,918.12 $2,630.17 $24,548.29 (Note - Reimbursable Fees are not included above) ADDENDUM TO EXHIBIT D Fee Schedule Project Summary 1 Direct Expenses Project: Municipal Office Complex Plaza Basic Services Summa I3k BAKER-AICKLEN 6 ASSOCIATES, INC. OTHER DIRECT COSTS (ODCs) CONSULTANT FEE Direct Overhead Tot lab+OH Fixed Fee 12% Total Cost Subconsultants Cost 360 Engineering - Structural Engineering $ 10,946 FEULS - Electrical Engineering $7,632.00 $14,386.12 $21,918.12 $2,630.17 $24,548.29 $ 2,035 Sweeny and Assoc.. Irrigation Design $ 3,300 Total Subconsultants $ 18,280 Material Expenses Total $ 24,548 Reproduction (Color Exhibits/Reprographics) Reproduction (Plans and Spectlications) $ 600 $ - PostegelDeIvery Supplies $ - Telephone & FAX $ - Subtotal Material Expenses $ 600 Miscellaneous Expenses (Estimated Reimbursable Expenses) Summary 1. Travel (MBeageI $ - Total Hours 226 Hotel- 2. Total Labor Dollars $ 24,548 $ 16,280 Automobile $ • 3. Subconsultants Meals S - 4. Material Dollars S 500 Miscellaneous L $ - $ - 6. Miscellaneous Dollars Subtotal Miscellaneous Expenses ITOTAL BASIC SERVICES $ 41,328 Additional Services Summary AS2.0 Landscape Design (Brown/Florence/Parking Lot) AS3.0 Structural Design (Plaza Icon) AS4.0 Structural Design (Amphitheater Shade Structure) Cost $ 4,320 $ 3,300 $ 6,006 $ 12,626 ATTACHMENT A