RFQ No REQUEST FOR QUALIFICATIONS FOR ARCHITECTURAL/ENGINEERING SERVICES

Transcription

1 Document Revised: 8/25/2016 RFQ No REQUEST FOR QUALIFICATIONS FOR ARCHITECTURAL/ENGINEERING SERVICES FRESNO UNIFIED SCHOOL DISTRICT PURCHASING SERVICES 4498 N. BRAWLEY FRESNO, CALIFORNIA Cover Page

2 FRESNO UNIFIED SCHOOL DISTRICT TABLE OF CONTENTS SECTION TITLE PAGE NUMBER COVER PAGE TABLE OF CONTENTS REGISTRATION FORM NOTICE OF INVITATION... 1 INFORMATION PACKET... 2 AGREEMENT FOR ARCHITECTURAL SERVICES... 8 EXHIBIT 1 ARCHITECTURAL FIXED FEE SCHEDULE- MODERNIZATIONS EXHIBIT 2 ARCHITECTURAL FIXED FEE SCHEDULE- NEW CONSTRUCTION EXHIBIT 3 ARCHITECTURAL FRONT-END/BID/ADDENDA DISTRIBUTION INSTRUCTIONS EXHIBIT 4 DISTRICT STANDARD FORMAT CHANGE ORDER FORM FORMS FOR SUBMITTAL WITH STATEMENT OF QUALIFICATIONS NON-COLLUSION DECLARATION FINANCIAL INTEREST CERTIFICATION IRAN CONTRACTING ACT CERTIFICATION DVBE POLICY, INSTRUCTIONS, AND FORMS Table of Contents

3 REGISTRATION FORM FAX BACK THIS SHEET ONLY RFQ No For ARCHITECTURAL/ENGINEERING SERVICES ATTN: Purchasing Manager, Edward Collins Fresno Unified School District Bids and Proposals are available on line. If you downloaded a Bid or Proposal, fax the following information to (559) so that you may be added to the Plan Holders List and notified of any addenda to this solicitation. Name Title Organization Street Address Address (cont.) City State/Province Zip/Postal Code Contractor s License Number (if applicable) Work Phone Fax If you have any questions, please edward.collins@fresnounified.org Registration Form

4 FRESNO UNIFIED SCHOOL DISTRICT NOTICE OF INVITATION RFQ No REQUEST FOR QUALIFICATIONS (RFQ) FOR ARCHITECTURAL/ENGINEERING SERVICES The Fresno Unified School District ( DISTRICT ) invites firms to submit Qualification Statements to provide professional Architectural/Engineering Services. Submittals must be delivered to the DISTRICT s Purchasing Department, 4498 N. Brawley, Fresno CA prior to 2:01 P.M. on September 13, Facsimile or electronic mail copies of submittals will not be accepted. Respondents must clearly mark on outside of package the RFQ number and title, the due date and time, and the name of the firm. DISTRICT hereby notifies all firms that they will affirmatively ensure that in any Contract entered into pursuant to this advertisement, disabled veteran business enterprises (DVBE) will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex or national origin in consideration for award. The DVBE participation goal is three percent (3%) of the dollar amount of the Contract. Interested firms may obtain a copy of the RFQ from DISTRICT Purchasing Department or download the RFQ at no charge: (Bid Opportunities). Refer questions to Edward Collins (559) or Edward.Collins@FresnoUnified.org. District reserves the right to accept or reject any or all submittals and to waive any informality contained therein. Published: August 25, 2016, September 1, 2016 Page 1 of 40

5 INFORMATION PACKET Request for Qualifications No for Selection of Architectural/Engineering Services I. GENERAL INFORMATION The Fresno Unified School District ( District ) is Requesting Qualification Statements for Professional Architectural/Engineering Services relating to construction of new schools, new additions to existing schools, modernization/reconstruction of existing schools and to serve as a consultant to the District on selected architectural matters. The intent of this Request for Qualifications is to develop a list of prequalified firms based on the respondents submittals that best meets the District s anticipated needs over the next five (5) years. A. Each organization submitting a response shall submit an original statement plus four (4) copies of said qualification statement in a sealed envelope prominently marked with the Request for Qualifications number and title, the due date and time, and the name of the organization submitting the statement. B. Qualification Statements will be accepted at the District Purchasing Office, 4498 N. Brawley Avenue, Fresno, California 93722, prior to 2:01 P.M. on September 4, Facsimile (FAX) copies of qualification statements will not be accepted. C. Qualification Statements shall be signed by an authorized individual or officer of the firm submitting the statement. D. Qualification Statements may be withdrawn by the firm submitting the response at any time prior to the closing date and time for receipt of said statements. E. In order to control information disseminated regarding the Request for Qualifications, organizations interested in submitting responses are directed not to make personal contact with members of the Governing Board or District administration with the exception of the individuals listed below: Edward Collins Purchasing Manager Edward.Collins@FresnoUnified.org (559) F. The Board of Education of the Fresno Unified School District reserves the right to accept or reject any or all responses, to negotiate with any or all responsible respondents, and to waive any informality in the Request for Qualifications. Respondents shall be responsible for any and all expenses they may incur in preparing their qualification statements. G. Preparation Costs The District shall not be responsible in any manner of the costs associated with the preparation or submission of Consultant s Response. Page 2 of 40

6 H. District s Right of Responses Submitted The Response, including all drawings, plans, photos, and narrative materials, shall become the property of the District upon the District s receipt of same. The District shall have the right to copy, reproduce, publicize and/or dispose of each Response in any way that the District may choose. I. Policies Applicable to Contract Awards - All work to be performed under any awarded contract must conform to the requirements of the District and, if applicable, the CDE, DIR and all other governmental agencies with jurisdiction. Consultants may be responsible for: (i) obtaining all permits and approvals required to carry out the work, and (ii) coordinating all of its activities with the relevant property owners and their tenants and neighbors, the District, its consultants and/or representatives, the CDE, DTAC, OPSC, and all other entities having jurisdiction or likely to be affected by Consultant s activities. II. DESCRIPTION OF PROJECTS FOR WHICH SERVICES ARE REQUIRED A. Introduction The District typically combines School Facilities Program (SFP) State Funds and Local Voter Approved Bond funds to develop capital facilities projects. Architectural services for these projects, therefore, require timely preparation and submittal of documents and materials to the California Department of Education (CDE), the Office of Public School Construction (OPSC) and the Division of the State Architect (DSA). Additionally, the District typically develops prototype plans to construct multiple projects to minimize costs of construction and design services as well as to expedite construction schedules. B. Projects planned. Over the next five (5) years the District has planned for the following projects for which architectural services are sought: New Schools. The District may site adapt or add a new school within the time period of the contract. Interested firms are encouraged to submit information relative to their firm s ability to design new schools. Modernization of Schools. Pending approval of the district Masterplan and contingent on funding, the District may approve projects to improve or adapt existing schools. Construction is contingent upon funding which will dictate bid and construction schedules. Additions to Schools. Interested firms are encouraged to submit information on support building experience (classroom buildings, cafeterias, libraries, etc.) of the firm. C. Summary of Specific Services Desired 1. Consulting Architect The District will select one or more architectural firms to serve as its consulting architect. The consulting architect will be responsible for performing services for the District on minor remodeling and/or new construction projects (i.e., relocatable classroom Page 3 of 40

7 buildings) and performing preliminary application work as required by the Office of Public School Construction on State aided building projects. 2. New Elementary The District will select one or more architectural firms to serve as its architect for the design and construction of new elementary schools, if needed. The District will apply for State match funds for each school. 3. Modernization Program The District will select one or more architectural firms to serve as architect for the reconstruction and/or rehabilitation of existing schools. The District will apply for State match funds for each school. 4. School Additions The District will select one or more architectural firms to serve as architect for the design and construction of new additions to existing schools. The District will apply for State match funds for each school as appropriate. 5. Portable Relocations - The District will select one or more architectural firms to serve as architect for the design and relocation of district s existing portable classrooms to other campuses. III. CONTENTS OF QUALIFICATION STATEMENT A. General Interested parties must submit an original qualification statement and four (4) copies. A contract between the successful firms and the District will be executed on a project by project basis. B. Items for Inclusion in Qualification Statement - Submittals shall not exceed 35 pages. All responses shall address the following items in the order listed below and shall be separated by tab numbered 1 through 13 in the qualification statement documents: 1. Description of Firm This section should provide the District with information regarding the size, location, nature of work performed, years in business, and approach that will be used in meeting the needs of the District. This Section Shall also include a statement stating that the information being provided is in response to RFQ for services requesting qualification and signed by an authorized individual or officer of the firm submitting the statement. 2. Areas of Interest Item (C) of Section II titled, Description Of Projects For Which Services Are Required, identifies four (4) specific areas for which the District desires architectural services. Use this section of the Proposal to indicate the areas of service your firm is interested in performing for the District. 3. Experience Relative to School Construction This section should provide the District with a detailed listing of school projects and a summary of the architectural firm s experience in programming, planning, production and administration of school facilities. Please include information indicating your history of change orders and DSA closeout success. 4. Background of Architectural Firm s Personnel Identify and provide a brief resume, including pertinent experience of all personnel who will be participating in District projects. Page 4 of 40

8 Resumes shall include, but not be limited to, information required on Section 7 of Standard Form 255 (Architect/Engineer Questionnaire) used by the Federal Government. 5. Consulting Engineer List the consulting engineering firms you plan to use on the projects. Include a brief resume of key personnel from each consulting firm who will be working with the District. Resumes shall include, but not limited to, information required on Section 7 of Standard Form 255 (Architect/Engineer Questionnaire) used by the Federal Government. List consulting engineers in the following sequence: a. Structural b. Mechanical c. Electrical d. Civil e. Acoustical f. Landscape g. Technology 6. Knowledge of State Funding for School Construction/Reconstruction All projects planned by the District contemplate applications to the State for funding. Briefly describe your firm s knowledge of the State funding requirements and expertise in assisting client districts in participating. 7. Experience with State Regulatory Agencies It is necessary for public school building programs to be coordinated with and approved by several State of California Regulatory agencies. Use this section of the qualification statement to describe the experiences of your firm in working with State agencies including the Office of Public School Construction, State Allocation Board, Department of Education, and Division of the State Architect. 8. Project Plan and Methodology Briefly describe the procedures your architectural firm will use in conducting each phase of a construction/reconstruction project to insure that the needs of the District will be satisfied and that projects will be completed in a cost effective and timely manner. Use this section to address the ability of your firm to undertake projects, keeping in mind the other workload in your office. Firms located outside the Fresno area should also use this section to describe how the geographical issues will be mitigated. 9. Fees Standard Fee based on sliding scale. Submit Fee Schedule for the firm s additional scope not identified in Agreement Exhibit 1 and Exhibit 2. Also discuss the discount for fees for repeated new construction projects by site adapting a prototype plan and specifications. 10. Interest Statement Briefly describe the particular or main interest your firm has in the projects for which you have submitted qualifications. 11. Other Each architectural firm is encouraged to provide any additional information or description of resources the firm feels are pertinent to this Request for Qualifications. (The inclusion of a brochure is acceptable.) 12. DVBE Participation Requirement Submit DVBE Participation forms and worksheets or narrative. Participation by Disabled Veteran Business Enterprises (DVBE) is encouraged. Consultants desiring to be assigned to State Allocation Board (SAB) funded projects must comply with SAB requirements related to DVBE by submitting with his/her/their qualification statements, the Prime Bidder Certification Forms and the Prime Bidder Good Faith Effort Worksheet. A business enterprise with no opportunity for subcontracting or purchasing of supplies must provide a narrative attached to the Prime Bidder Certification Form explaining this and be able to demonstrate its inability to subcontract or purchase supplies if an audit occurs. A DVBE cannot self-certify. An Office of Small and Minority Business (OSMB) letter Page 5 of 40

9 must be attached to the Form 515 PB and submitted with your statement with each proposed DVBE contractor. The participation goal is 3%. 13. Applicable Forms - Submit with Statement of Qualification the following forms included in RFQ: Non-Collusion Declaration, Financial Interest Certification, Iran Contracting Act Certification. C. RFQ Submittal and Recommendation Timeline: 1. RFIs/Questions due from participants: 09/08/ Last day for distributing Addenda: 09/09/ Statements of Qualifications due prior to 2:00 P.M.: 09/13/ Notices of Selection Committee Recommendation issued: 09/29/ Board Award: 10/26/2016 IV. SELECTION PROCESS A. The process that will be used by the District in selecting an architectural firm(s) to perform services as outlined in this Request for Qualifications will be as follows: 1. Screening/Selection Committee The Screening/Selection Committee may be made up of District administrators, members of the Facilities Management and Planning Department, members of the Maintenance and Operations Department, and other individuals with architectural and/or engineering experience. The Screening Committee will review and evaluate submittals. During this time the Screening/Selection Committee will use the Forced Ranking method. Committee members will be instructed to rank the highest scored Architectural firms as #1, the second highest #2 and so on. Only the top ranking firms will be approved to move forward to step two. 2. The Screening/Selection Committee may elect to skip step 2 if the best fit Architectural firm(s) can be identified at step one. The top ranked architectural firm(s) may be asked to present their qualifications in person to the selection committee. A new round of Forced Ranking may be utilized to determine the best Architectural firm(s) which meets the District needs after this step. 3. The Selection Committee reserves the right to open negotiations with the highest ranked respondent and/or respondents. 4. The Screening/Selection Committee will make a recommendation of Architectural firm(s) to the Governing Board. 5. Governing Board The Board of Education will approve a pool of prequalified Architectural firms. 6. Facilities Management and Planning Department, and Maintenance and Operations Department District staff will select as needed from the Governing Board approved list the best fit firm on a project by project basis. Selection of individual projects may be subject to a competitive design process. Page 6 of 40

10 V. CONTRACTS AND NEGOTIATIONS The Form of the Agreement that will be executed between the District and selected Architect(s) is the District form Agreement for Architectural Services and purchase order(s), which shall govern all work. A copy of the contract form is attached for reference. Architect may be requested to submit an outlining scope of work. A Purchase order will be issued to the selected Architect on a project by project basis upon Purchasing Department receipt of an executed Agreement and proof of insurance. Refer to Sections 7 thru 9 of the Agreement. VI. EVALUATION Architectural firms submitting qualification statements are advised that all responses will be evaluated to determine the firm(s) most qualified to meet the needs of the District. Evaluation will include, but not be limited to, the criteria listed below: A. General range and level of experience. B. Staff capability. C. Experience and expertise of consultants. D. Specialized experience with work specific to school district projects, or other State of California related projects. E. Skill and creativity in functional design and project administration. F. Demonstrated ability to meet time schedules and budgets. G. Qualifications and degree of participation by firm principals and key personnel, including the consultants to be used. H. Statement of philosophy and approach to the design and construction process. I. Lists of similar projects or other State of California related projects completed in the last ten years, giving type, size, cost, location, dates, and client s name, address and phone number. J. Fee Schedule for firm s additional scope of work. K. Quality of service previously provided to school districts. L. Completeness of response. M. Established local presence in the local area. Page 7 of 40

11 AGREEMENT FOR ARCHITECTURAL SERVICES This Agreement for Architectural Services ( Agreement ) is made and entered into by and between Fresno Unified School District, a school district duly organized and existing under the laws of the State of California (the District ), and (the Architect ), with respect to the following recitals: A. District requires the services of a duly qualified and licensed architect. B. The Architect hereby represents and warrants that (a) it is an experienced architectural and engineering firm having the skill and professional ability and the flexibility necessary to perform all of the services required of it under this Agreement, (b) it has the capabilities and resources necessary to perform its obligations hereunder, (c) it is familiar with all current laws, rules and regulations which may become applicable to the design and construction of any project under this Agreement (such laws, rules and regulations, include, but are not limited to, all local ordinances, requirements of building codes of city, county, state and federal authorities which may be applicable to any project covered by this Agreement, local environmental and sanitary laws and rules and regulations, and all orders and interpretations by governing public authorities of such ordinances, requirements, laws, rules and regulations in effect at the time of commencement of services on any project hereunder), (d) that it will assume full responsibility for all services prepared and furnished to the Client by its engineers and other consultants, and (e) that it has sufficient financial strength and resources to undertake and complete the architectural services provided for under this Agreement within the time allotted by the Client. All drawings, specifications and other documents prepared by the Architect shall be prepared in accordance with and shall accurately reflect and incorporate all such applicable laws, rules and regulations in effect at the time of their preparation In consideration of the covenants and conditions contained in this Agreement, the parties agree as follows: ARTICLE 1 Employment of Architect District retains Architect to perform, and Architect agrees to provide to District, for the consideration and upon the terms and conditions set forth below, the architectural and engineering services specified in this Agreement and related incidental services. The Architect agrees to perform such services expeditiously, as is consistent with professional skill and care and the orderly progress of the Project. All services performed by the Architect under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession practicing in the State of California under similar conditions. The Architect shall provide to the District a list of proposed key project personnel of the Architect, to be assigned to each project hereunder. This list shall include the Architect assigned to manage the design and construction phases of the project. This list shall include such information on the professional background of each of the assigned personnel as may be requested by the District. Such key personnel shall be satisfactory to the District and shall not be changed without the consent of the District unless the personnel cease to be in the employ of the Architect or consultant (as applicable). The provisions of this paragraph shall also apply to assigned project personnel who join the Architect's team during the progress of any project. ARTICLE 2 Description of Project This Project, for which such architectural services shall be provided (the Project ), is described as: New Construction - Architectural Services for. Modernization Architectural Services for. Other Architectural Services for. Page 8 of 40

12 ARTICLE 3 Compensation 3.1 Basic Services For all Basic Services as defined in Article 4 of this Agreement, compensation shall be a negotiated fee. The basis of the negotiations for modernizations and new construction will be OPSC sliding scale. The Architect s fee schedule will be attached as an exhibit to this agreement. The fee may be fixed by mutual agreement prior to bid. The portion to be fixed shall be up to and including DSA approval. Construction Administration Fee will be applied to actual construction amounts Changes in the work during construction: Per Article , the Architect s fee for preparing change orders shall be per Exhibit unless the change is per Article Refer to Exhibit 4 for District standard format change order form. 3.2 Reimbursable Expenses: Reimbursable Expenses are in addition to the Compensation for Basic and Additional Services and include actual expenditures made by the Architect and the Architect s employees and consultants in the interest of the Project for the expenses. Reimbursements will be at cost, with no additional markup. Allowable expenses are as listed below Expense of out-of-town transportation only as approved in advance by the District in connection with the Project; living expenses in connection with approved out-of-town travel; and fees paid for securing approval of authorities having jurisdiction over the Project Reimbursement, at cost, of expense of reproductions, postage and handling of drawings, specifications and other documents for the purpose of bidding and actual construction. Printing in excess of $ shall be upon District approved quotes. All reproduction of drawings and specifications used by the architect and the architect s consultants for internal use, including sets for submission to the District for review or the approving authority [DSA, OPSC, City, etc.]), shall be at the expense of the Architect Reasonable expense of data processing and approved photographic production techniques when required as Additional Services If authorized in advance by the District, expenses of overtime work requiring higher than regular rates Expense of renderings, model and mock-ups by the District. 3.3 Payment for all Additional Services and for all Reimbursable Expenses incurred in connection with either Basic or Additional Services shall be made on a monthly basis upon approval by the District of the Architect s statement of services rendered and expenses incurred (see Article 3.4 below). Invoices or other documentation to establish the validity of all reimbursable expenses shall be a prerequisite to District payment of such expenses. 3.4 Each payment to Architect shall be made in the usual course of District business after presentation by Architect of a claim approved by District s authorized representative designating Page 9 of 40

13 the services performed, the method of computation of the amount payable, and the amount payable. District will pay approved invoices within thirty (30) days after proper submission by Architect. 3.5 Should District cancel the Project pursuant to Article 12 of this Agreement at any time during the performance of this Agreement, Architect shall, upon notice of such cancellation, immediately cease all work under this Agreement. In such event, Architect s total fee for all services performed shall be computed so as to cover services actually and satisfactorily performed to the date of such notice and shall include compensation only for services within the approved phase of performance at which Architect s work stopped. 3.6 Pending the submission of all close-out documents to the District, which are the architect s responsibility, an amount equal to 2% (not less than $1,000.00) of the basic fee will be withheld. 3.7 Billings shall be made monthly or lump sum, in arrears, based upon work completed, as reasonably determined by the District Compensation shall be in accordance with the terms and conditions of this Agreement as follows: Schematic Design Phase: Ten percent (10%) of the basic fee Design Development: Fifteen percent (15%) of the basic fee Construction documents 100% complete, ready for review by applicable public agencies: Forty percent (40%) of the basic fee DSA Approval completed: Five percent (5%) of the basic fee. Billing to be submitted after DSA approval Bidding Complete, if required, compensation adjusted to acceptable bid price that does not exceed project budget by 5%: Five percent (5%) of the basic fee Construction Administration: Twenty-Three percent (23%), in proportion to the amount of work certified as complete, of the basic fee DSA closeout complete: Two Percent (2%) of the basic fee. ARTICLE 4 Basic Services to be Rendered by Architect 4.1 General Architect s Basic Services consist of the development of education specifications, including facilitation of District appointed task force, incorporation of the District s Educational Facility Standards, all design efforts, all engineering services (civil, structural, mechanical, fire sprinklers, electrical, fire alarm, technology and landscape irrigation, ADA access, path of travel, etc.) required to define and complete the project The construction documents shall be completed in accordance with the schedule submitted by the Architect and approved by the District. Page 10 of 40

14 4.1.3 Whenever the Architect s services include the presentation to the District of a Statement of Probable Construction Cost, the Architect shall include a contingency for change orders as directed by the District The Architect shall employ or retain at Architect s own expense, engineers and consultants necessary to Architect s performance of this Agreement and licensed to practice in their respective professions, if required by law. In advance of commencing any work, the Architect shall provide a list of all consultants which the Architect intends to utilize relating to any particular project hereunder. The list shall include such information on the qualifications of the consultants as may be requested by the District. The District reserves the right to review the consultants proposed, and the Architect shall not retain a consultant to which the District has a reasonable objection. Reasonable objections shall include, but not be limited to, prior substandard performance as a subcontractor or consultant to the District or to the Architect on previous projects for the District; current workload of consultant and possible inability to meet schedule, as determined by the District's staff; prior design solutions and construction documents that resulted in excess cost to the project. The Architect has a responsibility to require its consultants to provide at minimum, monthly site visits to perform examination/observation throughout the construction process to determine adherence to plans, specifications and applicable codes, as needed for eventual certification of the work Consultants employed by Architect for this Project shall be approved by District prior to their commencement of work. Architect shall confer and cooperate with consultants employed by District. The Architect is responsible to provide inspections for services provided by their employed consultants The Architect shall assist District in procuring a certified survey of the site if required, including grades and lines of streets, alleys, pavements, adjoining properties and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the building site, locations, dimensions and floor elevations of existing buildings, other improvements and trees; and full information as to available utility services and lines, both public and private above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. Survey shall also be used to accomplish ADA compliance within the documents Architect shall assist District in procuring chemical, mechanical or other tests required for proper design, tests for hazardous materials and borings or test pits necessary for determining subsoil conditions The Architect shall assist the District with hazardous materials review (including but not limited to asbestos, lead bearing finishes, ballasts containing PCB s and fluorescent tube disposal) and abatement required or desired by the District for this project by including all required abatement plans within the project documents. The District has contracted with a hazardous materials consultant to provide abatement design services. These services include discovery, testing and complete responsibility for contract documents defining the removal and disposal of hazardous materials-containing materials. The review and abatement process is defined in Article 4.8. Page 11 of 40

15 4.1.9 Modernization projects The Architect shall draft a project scope utilizing State mandated requirements, including ADA compliance, input from the school site staff and the District s Maintenance Department and Facilities staff. Final decision on the scope shall be the responsibility of the Assistant Superintendent of Facilities, Management and Planning or his/her designee The scope of work shall be structured to reflect the State access requirement, the District hazardous materials abatement requirement and a 10% set aside for unforeseen conditions during the time of construction. The bid documents shall also contain a means (acceptable to the District) to consume any/all bid savings. 4.2 Schematic Design Phase The Architect shall observe the site and existing facility and review all information related to the Project available in the vault, or elsewhere, or communicated by the District to the Architect to ascertain the requirements of the Project (the educational specifications) and shall arrive at a mutual understanding of such requirements with the District The Architect shall provide a preliminary evaluation of the District s Project, schedule, and statement of probable construction costs, each in terms of the other The Architect shall review with the District, alternative approaches to the design and construction of the Project, including all value engineering analysis Based on a mutual understanding of the District s requirements, the Architect shall prepare for the District s approval, Schematic Design Documents, which include, but are not limited to, schematic design studies, site utilization plans, a description of the Project showing, among other things, the scale and relationship of the components of the Project, preparation of a cost estimate and an updated time schedule for the performance of the work. 4.3 Design Development Phase Following District s approval of the Schematic Design Documents and authority to proceed, Architect shall prepare Design Development Documents which shall include, but are not limited to, site and floor plans, elevations and other approved drawings and shall outline the specifications of the entire Project as to kind and quality of materials, categories of proposed work such as architectural, structural, mechanical and electrical systems, types of structures and all such other work as may be required Architect shall provide an updated design schedule and construction estimate of probable cost in order to procure District approval to proceed to construction documents. Page 12 of 40

16 4.3.3 Architect shall confer with the District and decide upon a numbering system for the rooms within the design. Such numbering shall be consistent with District direction and/or existing site conditions. 4.4 Construction Documents Phase Following the District s written approval of the Design Development Documents and any adjustments to the construction budget, the Architect shall prepare construction documents consisting of final working drawings and specifications setting forth in detail the work to be done and the materials, workmanship, finishes and equipment required for the architectural, structural, mechanical, electrical system and utility-service connected equipment and site work, ADA compliance and landscape, statement of probable construction cost, including all references to as-built drawings and required architect site observation of existing conditions. The documents shall be complete, comprehensive, applicable to the conditions and organized to reduce the overall size of the plan set. Format size and scale shall be approved by the District Architect shall review and comment upon any bidding documents submitted by the District during the Construction Documents Phase of the Project. All bid documents shall be forwarded to the District for approval prior to their use Work performed pursuant to this Agreement and construction work performed on the project shall be in accordance with the provisions of the California Public Contract Code, including the prohibition against proprietary specifications (see Section 3400) and the California Education Code (see Sections et seq and 8900 et seq) Following the District s written approval of a final revised design schedule and updated estimate of probable cost, the Architect shall assist District in applying for and obtaining required approvals from the Division of the State Architect (DSA), the Office of Public School Construction (OPSC), California Department of Education (CDE), the State and local Fire Marshal or jurisdiction, and other agencies exercising jurisdiction over the Project The Architect shall assist the District in connection with the District s responsibility for filing documents required for the approval of other governmental authorities having jurisdiction over the project. 4.5 Bidding or Negotiations Phase Following State and District s approval of Construction Documents and District s acceptance of Architect s final statement of probable construction cost, Architect to assist the District by distributing the Construction Documents to interested contractors. Architect s technical specification and plans to be combined with District provided front end documents. Upon the Executive Director of Purchasing review of the approved technical specifications and plans, the Architect will be provided a front end document to prepare bid packet for distribution. See Exhibit 3. Architects to attend the pre-bid walk(s), as needed. Architect to write and issue addenda. All addenda require approval from both the Project Manager and Executive Director of Purchasing prior to their issuance. Architect shall also assist District in obtaining bids, evaluating contract proposals or bids and substitutions proposed by contractors, and in awarding the bids. Page 13 of 40

17 All sets of construction contract documents required for bidding or actual construction, by the District shall be reproduced at District s expense. See Section of this Agreement Should the lowest Contractor s bid, based upon the base bid, plus or minus awardable additives or deductives, vary from the Architects estimate of probable construction cost by more than 5% (over or under) of the subject estimate, bid alternates will be considered. District will have the option of requiring the Architect to revise the construction documents for re-bid within the construction allowance, at no additional fee. 4.6 Construction Phase The construction phase shall begin on the date of the official notice to proceed and shall be complete upon District s approval of Architect s final certificate for payment to contractor The Architect shall advise, consult with, and serve as the District s representative in the general administration of the Contract for Construction and in District s dealings with the contractor. All instructions to the contractor shall be forwarded through the architect. The Architect will have authority to act on behalf of the District only to the extent provided in the Contract Documents The Architect shall provide direction to District s Project Inspector. The Architect shall require the contractor to provide all as-built information and shall require the preparation of an accurate set of drawings indicating dimensions and locations of buried utility lines (showing as-built dimensions) which shall be forwarded to the District upon completion of the project. These drawings shall be reviewed monthly, prior to approval of Contractor s and Architects billings (see 4.10) The Architect shall, at all times, have access to the work wherever it is in preparation and progress. The Contractor shall be required to provide facilities for such access so that the Architect may perform its functions under the contract documents The Architect shall visit the site, both as the Architect deems necessary and as requested by the District, to maintain familiarity with the quality and progress of the work to determine that the contractor s work substantially complies with all documents, drawings, plans and specifications and that the work is progressing in accordance with the Contract Documents. Such observations are to be distinguished from the continuous inspection provided by the project inspector unless Architect has agreed in writing to serve as the District s project inspector. The Architect shall endeavor to guard the District against defects and deficiencies in the work of the contractor The Architect shall notify the District promptly of any significant defect it becomes aware of, in materials, equipment or workmanship, and of any default by any contractor in the orderly and timely prosecution of the work The Architect shall advise and consult with the District concerning the contractor s compliance with the contract documents and shall assist the District in securing the contractor s compliance. Page 14 of 40

18 4.6.8 The Architect shall make such regular reports as shall be required by agencies having jurisdiction over the project and the District for informing District staff of the progress of the work The Architect shall review and/or take other appropriate action upon all schedules, shop drawings, samples and other submissions of the contractor to determine conformance with the project design and specifications as set forth in the Contract Documents. Such action shall be taken (typically within 14 days of receipt for shop drawings/submittals and within 5 days for schedules, RFI s, correspondence and change order proposals) so as to cause no delay. The Architect s approval of a specific item shall not be an approval of an assembly of which the item is a component The Architect will have the responsibility to inform the District of the need to reject work and/or materials, which they become aware of, which do not conform to the contract documents. Whenever, in the Architect s reasonable judgment, it is considered necessary or advisable for the implementation of the intent of the contract documents, the Architect will have the responsibility to inform the District of the need for special inspection or testing of the work and/or materials in accordance with the contract documents whether or not such work and/or materials be then fabricated, installed or completed. The Architect will also have the responsibility to investigate and recommend to the District the substitution (by definition means cost and quality equivalent) of materials or equipment when requested by the contractor. The District shall have final approval of all items in this section and shall respond to the Architect s recommendations in a timely manner. Upon District approval, the Architect shall inform the contractor The Architect/Engineer shall: a. Conduct regularly scheduled construction meetings b. Produce and distribute minutes of these meetings Based on the Architect s observations, and an evaluation of each project application for payment, the Architect will determine the amount owing to the contractor and will issue Project Certificates for Payment incorporating such amount in accordance with the contract documents. The issuance of a Project Certificate for Payment shall constitute a representation by the Architect to the District that the quality of the work is in accordance with the contract documents, the as builts are current and that the contractor is entitled to payment in the amount certified The Architect shall assist the District in evaluating claims, disputes and other matters in question between the contractor and the District The Architect shall recommend, prepare and process any necessary change orders. Architect shall not unilaterally approve any deviations to the agreement which shall add cost to or change the scope of the project. All such deviations shall be allowed only after the Architect prepares and processes a change order approved by the District District initiated changes. If a change order is requested by the District, the value will be added to the construction cost and the Architect s fee for such change orders shall be calculated per Article Page 15 of 40

19 Change orders due to Architect errors or omissions. Change orders as the result of the Architect s negligent acts, and/or errors or omissions shall result in no fee for the change order to the Architect. In addition, the Architect shall bear the burden of any design costs. The costs in excess of the value added to the project will be deducted from the Architect s fee if errors and omissions exceed set percentages of the total project construction award see 4.7. In the event of a disagreement regarding the determination of an error or omission, architect may appeal at multiple District levels Change orders beyond District or Architect control. If a change order is necessitated as a result of changes in law, in-field changes required by governing agencies after document approval, unknown, unforeseeable or hidden conditions, such change order shall be handled in the same manner as District initiated change orders. Actual conditions may be inconsistent with available drawings of existing conditions. Therefore, Architect is required to make a site visit to confirm actual conditions. Change order items resulting from actual conditions inconsistent with available drawings shall be processed per Article if the site visit or any available information (see 4.2.1), should have revealed this and per Article if not reasonably definable from a thorough site visit or other information available to Architect Certain changes, requiring no additional for the Architect, other than the change order administration, will be compensated with a reasonable documented administration fee, not to exceed Three Hundred Dollars ($300.00) The Architect shall provide standard color boards, of all finished materials in the Project for the sites and District s review and approval The Architect shall determine the date of final completion and make a final detailed onsite review of the job with representatives of the District and the contractor The Architect shall assist with the preparation of the certificate of completion and final certificate for payment and any other documents required to be recorded by law or generally accepted architectural or construction contract practice upon compliance with the requirements of the contract documents Upon completion of the Project, the Architect shall compile for and deliver to the District a complete set of record documents consisting of all written guarantees, instruction books, record diagrams and specifications required of Contractor, revised 1-A drawings, all C.A.D. files defining the project, and provide the District with one set of reproducible as-built drawings showing the project as-built upon issuance of the Architect s certificate of completion indicating the location of underground sewer, water and all utility connections and services specially noted. In that record documents are based upon information furnished by others, the Architect cannot and does not warrant their accuracy The Architect shall be responsible to the District for the utility, economy, durability and aesthetics of the work contemplated by its plans and specifications and to this end, the Architect shall be responsible to the District to see that the finished work, if constructed Page 16 of 40

20 strictly in accordance with the Construction Documents and Architect approved changes, provides the level of safety of design required by applicable State Building and Public Works codes and regulations applicable to school district and that it conforms with the approved plans and specifications. The Architect shall further be responsible to the district to determine whether or not the finished work complies with the accessibility standards imposed by the Americans With Disabilities Act pursuant to 28 CFR (c). For this contract, ADA compliance shall be approvable by the Access Compliance Section of DSA per Title 24 CCR. The Architect 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 contractor s responsibility under the Contract Documents. The Architect shall not be responsible for acts or omissions of the contractor, subcontractors, or their agents or employees or of any other persons performing portions of the work not employed or hired by Architect, except as required by this Agreement The Architect shall familiarize themselves with the District's front end documents and actively enforce when and if applicable. 4.7 Expected Standard of Care A determination of standard of care is a judgment call that is dependent upon individual project circumstances. For the purposes of this agreement the District will consider incurred costs due to errors and omissions by the Architect/Engineer of up to three percent (3%) on new construction and five percent (5%) on modernizations, of the total project construction award amount as being within what the District will consider to be an acceptable standard of care (see ). The District reserves the right to pursue actions to additionally recover incurred costs above this range. In evaluating incurred costs, the District will calculate omissions of direct costs that would have been incurred, but for the omission, at a rate of 20% of the respective change order amount to provide the missing element whereas errors will be calculated at 100% of the change order amount to correct the condition. The District may elect to seek reimbursement if a higher rate of Errors and Omissions is experienced by calling for a negotiated settlement with the Architect/Engineer. The Architect/Engineer shall respond in good faith in such an event. The decision to seek recovery or a portion thereof is elective to the District and will vary depending upon individual project circumstances. The application of the 3 and 5% by the District is not intended by the Architect/Engineer to be an admission of design errors or omissions nor is it meant to increase or to decrease the Architect/Engineer s duty of care which is based upon performing services within the usual and customary professional care and in accordance with generally accepted practices in effect at the time the services are rendered. 4.8 Hazardous Materials Abatement Plans The Architect shall coordinate the preparation of project documents and abatement documents furnished by hazardous materials consultant including, but not specifically limited to: Page 17 of 40