AMENDMENT NO. 5
TO THE DESIGN SERVICES AGREEMENT
BETWEEN
THE CITY OF PLEASANT HILL
AND
BOHLIN CYWINSKI JACKSON
1. Parties and Date.
This Amendment No. 5 to the Design Services Agreement is made and entered into as of August 1, 2022, by and between the City of Pleasant Hill, a municipal organization organized under the laws of the State of California with its principal place of business at 100 Gregory Lane, Pleasant Hill, CA 94523 (“City”) and Bohlin Cywinski Jackson, an S-Corporation, with its principal place of business at 49 Geary Street, Suite 300, San Francisco, California 94108 (“Architect”). City and Architect are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Background. The City and Architect have entered into an agreement entitled “City of Pleasant Hill Design Services Agreement” dated October 16, 2017, as amended by Amendment No. 1, dated August 1, 2018, Amendment No. 2 dated January 29, 2019, Amendment No. 3 dated October 17, 2019, and Amendment No. 4 dated September 23, 2020 (collectively, the “Agreement”), for the purpose of retaining the services of the Architect to provide professional design and construction administration services for the new Pleasant Hill Library Project (“Project”).
2.2 Amendment Purpose. The City and Architect desire to amend the Agreement, increase the budget, and authorize the Architect to provide additional construction phase structural engineering services, services related to extended construction duration, design revisions, additional furniture, fixtures and equipment (“FF&E”) services, and switchgear redesign for the new library project.
2.3 Amendment Authority. This Amendment No. 5 is authorized pursuant to Section
3.37 of the Agreement.
3. Terms.
3.1 Amendment. In accordance with Section 3.8 of the Agreement, Architect shall perform the Library Additional Services as specified in Attachment 1, attached hereto and incorporated herein by this reference.
3.2 Fee Schedule Revised. In accordance with Section 3.10 of the Agreement, Architect shall be compensated for the Library Additional Services in the total not-to-exceed amount of One Hundred Forty-Nine Thousand Four Hundred Eighty-Five Dollars ($149,485). The fee schedule for the Agreement (Exhibit "B" to the Agreement) shall be updated as specified in Attachment 2, attached hereto and incorporated herein by this reference.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 5.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 5.
3.5 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[Signatures on Next Page]
SIGNATURE PAGE FOR
AMENDMENT NO. 5
TO THE DESIGN SERVICES AGREEMENT
BETWEEN
THE CITY OF PLEASANT HILL
AND
BOHLIN CYWINSKI JACKSON
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 5 as of the date first written above.
CITY OF PLEASANT HILL BOHLIN CYWINSKI JACKSON
By: By:
June Catalano
City Manager Its:
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
ATTACHMENT 1
LIBRARY ADDITIONAL SERVICES
Architect together with its subconsultants will provide the following Library Additional Services:
Additional Construction Phase Structural Engineering $ 17,155 Extended Construction Duration $ 62,430
Design Revisions $ 31,720
Furniture, Fixtures and Equipment $ 33,000
Switchgear Redesign $ 5,180
Total Compensation in Amendment No. 5: $149,485
Attachment 2
EXHIBIT “B”
FEE SCHEDULE
(Revised per Amendment No. 5)
1. FEE SCHEDULE
The not-to-exceed Total Compensation amount of the Agreement shall be $3,969,334. The compensation is composed of three elements: fees for basic services and associated expenses; an allowance for materials, designs, and renderings not covered under basic services; a City contingency for additional services not covered under basic services; and an allowance for nonlibrary additional services.
Fees for Basic Services and Associated Expenses
The fees for basic services and associated expenses shall be billed on a fixed fee basis as a percentage of completion per phase as shown below. Associated expenses include local travel, long-distance travel, and reproduction for internal use of Architect and its Consultants.
PHASE:
Consultant: Programming/
Community
Engagement
Schematic
Design
Design
Development
Construction
Documents
(for Permit
and Contract)
Bid Phase Construction
Phase
Close-out
Phase
TOTAL:
Bohlin Cywinski Jackson
Architect
$44,000 $212,000 $306,000 $420,000 $31,000 $430,000 $34,000 $1,477,000 Margaret Sullivan Studios
Program, Comm. Engagement,
Interior Des. Collaboration
$38,000 $35,000 $15,000 $4,000 $92,000
Integral Group
Mechanical / Electrical Eng.
$24,625 $117,875 $136,800 $3,925 $95,025 $15,000 $393,250 Rutherford & Chekene
Structural Engineering
$2,000 $18,000 $80,000 $136,000 $3,000 $55,000 $3,500 $297,500 Einwiller Kuehl
Landscape Architect
$14,000 $25,000 $36,000 $72,000 $9,000 $24,000 $8,000 $188,000 Sherwood Design
Civil Engineering
$6,000 $18,000 $59,000 $72,000 $3,000 $17,000 $2,000 $177,000 The Fire Consultants
Code Consulting
$4,800 $3,200 $6,000 $14,000
TBD Consultants
Cost Estimating
$3,500 $14,000 $18,200 $29,400 $65,100
Charles Salter Associates
Acoustical Engineering
$4,000 $7,500 $9,500 $1,000 $5,500 $27,500
Auerbach Glasow French
Lighting Design
$7,000 $36,000 $42,000 $3,000 $35,000 $2,000 $125,000
Expenses $16,000 $9,000 $7,000 $16,000 $1,000 $20,000 $1,600 $70,600 PHASE TOTALS: $123,500 $371,425 $685,775 $943,700 $54,925 $681,525 $66,100 $2,926,950
Allowance for Materials, Designs, and Renderings Not Covered under Basic Services The table below illustrates the individual components of the allowance for materials, designs, and renderings not covered under basic services. The Architect must obtain written approval in advance from the City before making expenditures for allowances and requesting payment for such from the City.
Allowances Amount
#1: Modeling (physical & daylight) $15,000
#2: FF&E Design Services $25,000
#3: Renderings (photo-realistic, x3) $30,000
#4: Signage & Graphics (beyond code required) $50,000
Irrigation Design $20,000
Total of Allowances $140,000
City Contingency for Additional Services Not Covered Under Basic Services A City Contingency is included in the Agreement to compensate the Architect for any Additional Services (those beyond Basic Services) that it performs. The Architect must obtain written approval in advance from the City before making any expenditures on additional services and requesting payment for such from the City.
City Contingency for Add. Scope Amount
Add. Serv. #1: Additional Site Analysis $46,000
Add. Serv. #2: Add. Conceptual Design Exploration $76,000 Add. Serv. #3: Hydrology (17515AX04) $32,520
Add. Serv. #4: Sewer Realignment $8,800
Add. Serv. #5: Extended Project Duration $74,000
Add. Serv. #6: Creation of stormwater pollution prevention plan (SWPPP) $17,600 Add. Serv. #7: Additional bio swale design $27,700
Add. Serv. #8: Parking/Struct./EIR photo $45,300
Add. Serv. #9: EIR support (see above #8)
Add. Serv. #10: Additional FFE and Construction support $38,000 Total of City Contingency (Add. Serv.) $365,920
Allowance for Non-Library Additional Services
A separate allowance for non-library additional services is included in the agreement to compensate Architect for any Additional Services that it performs related to the Project but Allowance for Non-Library Additional Services Amount
Non-Library Add. Serv. #1: Non-Library - Rec and Park SD and DD $35,000 Non-Library Add. Serv. #2: Oak Park & Monticello Streetscape Design $40,000 Non-Library Add. Serv. #3: Non-Library - Rec and Park CD and CA $59,250 Total of Allowances for Non-Library Additional Services $134,250 FFE and Expanded Design and Construction Support Services FFE and Expanded Design and Construction Support Services Amount Design development of FFE program, procurement and quality assurance $150,788 Design, coordination and installation observation for the Donor Wall $22,115 Additional graphics and signage design for the donor naming opportunities $24,260 Design development and coordination support for the sculptural log objects $35,638 Construction documentation and coordination for irrigation design $19,928 Total of FFE and Expanded Design and Construction Support Services $252,729 Not-to-Exceed Total Compensation
The not-to-exceed Total Compensation of the Agreement is composed of fees for basic services and associated expenses; an allowance for materials, designs, and renderings not covered under basic services; a City contingency for additional services not covered under basic services; and an allowance for non-library additional services, as illustrated below.
Fees for Basic Services and Associated Expenses $2,926,950 Allowance for Materials, Designs, and Renderings Not Covered Under Basic Services $140,000 City Contingency for Additional Services Not Covered Under Basic Services $365,920 Allowance for Non-Library Additional Services $134,250
FFE and Expanded Design and Construction Support Services $252,729 Additional construction phase services (structural, duration, design, FF&E, switchgear) $149,485 TOTAL COMPENSATION $3,969,334