FIRST AMENDMENT TO AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES BETWEEN THE CITY OF SAN PABLO AND MACK5
Project No. 320-0104-43-605 / Agreement No. 2
THIS FIRST AMENDMENT TO AGREEMENT FOR CONSTRUCTION
MANAGEMENT SERVICES is effective this 21st day of November, 2023, by and between the CITY OF SAN PABLO, a municipal corporation ("City") and Macks Craic, Inc. dba mack5 (“Consultant”).
R E C I T A L S
WHEREAS, on January 19, 2022, CITY and Consultant entered into an Agreement for construction management and project management services for the New San Pablo Police Headquarters and Training Facility (“Agreement”); and
WHEREAS, the parties have agreed to modify the terms of that Agreement related to the scope of services to add commissioning agent services, special testing and inspection services, and geotechnical testing and inspection services;
NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES.
a. Pursuant to Section (3) of the Agreement, entitled “Additional Services,” certain Additional Services shall be added to the “Scope of Services” identified in Section (1) of the Agreement. Section (1), “Scope of Services” is hereby amended to add the following provision:
“Consultant agrees to provide to the City the Additional Services as specified in the Consultant’s ‘Additional Services Proposal – Police Facility Project’ dated October 31, 2023, attached as Exhibit C and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the Exhibits and the Agreement as amended, the terms most favorable to the City shall prevail.”
b. Section (1)(c) of the Agreement, “Scope of Services” shall be replaced by the following provision(s):
“COVID-19 Pandemic. All City of San Pablo programs and services must be in compliance with current health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health-orders.
Consultant shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to comply with all City’s current COVID policies on-site as they may be amended from time to time.”
2. COMPENSATION. Section (2) of the Agreement, “Compensation” is amended to include the following provision:
City of San Pablo/mack5
Consultant Agreement for Construction Management Services Amendment #1
“For the Additional Services specified in Exhibit C (Additional Services Proposal – Police Facility Project), CITY shall pay Consultant up to an additional One Hundred Sixty-Nine Thousand Four Hundred Sixty-Eight Dollars ($169,468) for a total compensation under this Agreement as amended not to exceed One Million Fifty-Two Thousand Three Hundred Ninety-Three Dollars ($1,052,393).”
3. All other terms and conditions of the Agreement shall remain in full force and effect.
APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation
By _______________________________ By ___________________________________ Brian P. Hickey, City Attorney Matt Rodriguez, City Manager
Dated _________________________________
mack5
By ___________________________________
Manil Bajracharya, Principal
Dated _________________________________
ATTEST:
By _______________________________ Dated _________________________________ Dorothy Gantt, City Clerk
Attachments:
Exhibit C: Consultant’s Proposal dated 10/31/23 - “Additional Services Proposal – Police Facility Project”
City of San Pablo/mack5
Consultant Agreement for Construction Management Services Amendment #1
EXHIBIT C
Consultant’s Proposal dated October 31, 2023
(with supporting documentation from subcontractors)
mack5 Services:
Owner’s Representative
Project Management
Construction
Management
Cost Management
Cost Planning
phone 510.595.3020
email [email protected]
mack5
Headquarters
1000 Broadway
Suite 260
Oakland, CA 94607
Richmond Office
322 Harbour Way
Suite 16
Richmond, CA 94801
CSLB #935811
Proud Member of
October 31, 2023
Mr. Charles Ching,
Assistant City Manager
City of San Pablo
1000 Gateway Avenue
San Pablo, CA 94806
Re: Additional Services Proposal – Police Facility Project Commissioning Agent / Special Testing & Inspection / Geotech Testing & Inspection
Dear Mr. Ching:
In order to add the following consultant services to the project , mack5 proposes to add the following consultant proposal under our agreement. We propose the following amendment to our 1/19/22 contract with the City of San Pablo for Construction Management services.
Interface Engineering – Fundamental Commissioning
Commissioning Services to Meet LEED® v4.1 EAp1 Fundamental, CalGreen, and Title 24
Total Fee $28,400 Reimbursable Expenses Budget $1,000
10% Administrative Cost $2,940 Additional Contract Amount $32,340
We are not anticipating that Enhanced Commissioning will be required for LEED Silver Compliance so are not including the Optional Service in this proposal.
AME – Special Testing and Inspections – Essential Service Facility Special Testing & Inspection Services consistent with Essential Service Facility.
Total Fee (NTE) $104,662 10% Administrative Cost $10,466
Additional Contract Amount $115,128
This is an NTE amount whic h includes steel reinforcing inspections that may be done by the Building Department. TBD.
(Continued)
Questa – Geotechnical Testing and Inspections
Geotechnical Testing & Inspection Services.
Total Fee (NTE) $20,000 10% Administrative Cost $2,000 Additional Contract Amount $22,000
This is an NTE amount which includes Foundation Testing and Inspection that may be done by Geotechnical Engineer of Record under DBE Contract. TBD
Total Additional Fees
Commissioning Agent / Special Testing & Inspection / Geotech Testing & Inspection
Interface Engineering $32,340 AME $115,128 Questa $22,000 Total Additional Contract Amount $169,468
Please feel free to call me with any questions you may have regarding this additional scope of services and fee request.
Best regards,
David D. Ross
Senior Project Manager
MEP Engineering | Fire/Life Safety | Lighting Design | Energy Consulting | Building Technologies | Commissioning Interface Engineering
1999 Harrison Street, Suite 550
Oakland, CA 94612
TEL 415.489.7240
www.interfaceengineering.com
July 5, 2023
Manil Bajracharya
Mack5
1000 Broadway
Suite 260
Oakland, CA 94607
Re: San Pablo Police Facility Commissioning
Professional Services Proposal
Dear Manil:
Thank you for the opportunity to provide you with our proposal for the referenced project. Your project is important to us and we have made an effort to address a detailed scope for commissioning services.
This proposal is based on our Standard Provisions of Agreement for Professional Services, which is attached and incorporated by this reference.
PROJECT DESCRIPTION
Project Owner
City of San Pablo
Project Location
San Pablo, California
Building/Project Description
This proposal is for commissioning services for the new San Pablo Police Headquarters and Shoot Range. The project consists of roughly 30,000 sq ft, 2 story police station, with an attached single story 13,000 sq ft shooting range.
SCHEDULE
• Based on a mutually agreeable schedule.
Professional Services Proposal
San Pablo Police Facility Commissioning
July 5, 2023
2 / Interface Engineering, Inc.
SCOPE OF WORK
Commissioning Services to Meet LEED® v4.1 EAp1 Fundamental, CalGreen, and Title 24
1. Lead, review and oversee the completion of all commissioning process activities.
2. Prepare commissioning specifications to incorporate in the construction documents (Divisions 01, 22, 23, and 26)
3. Perform a review of the Owners Project Requirements (OPR) and the engineers Basis of Design (BOD).
4. Conduct a design review kickoff meeting with A/E and Owner during the schematic design phase.
5. Perform a design review in accordance with the Title 24 commissioning requirements and complete the T24 Design Review Checklist documentation. Design review of the energy using systems and building envelope will be conducted at 90 percent CD submission. Comments will be provided to Owner and Architect.
6. Coordinate and lead commissioning meetings as part of the commissioning process.
7. Assist construction manager and contractors with interpreting and achieving intent of commissioning activities specified in the contract documents.
8. Develop a Commissioning Plan
9. Develop Pre-Functional Checklists
10. Develop Functional Performance Tests
11. Perform periodic site visits throughout the construction phase to review the Contractor’s installation, pressure testing, flushing, startup, and testing of systems.
12. Perform Functional Performance testing of mechanical, electrical and plumbing systems with cooperation of the Contractor to verify systems perform in accordance with the design intent, Owners Project Requirements, and Basis of Design.
13. Verify training of operations and maintenance staff is performed in accordance with the contract documents.
14. Confirm factory testing and observe field testing of specified equipment.
15. Submit issues/resolution log to the design and construction team as issues are identified.
16. Prepare a final commissioning report that includes the OPR, BOD, Executive Summary, Cx Plan, startup reports, construction checklists, functional performance tests, submittals, design review log, and issues/resolutions log.
17. Develop a Current Facility Requirements and Operations Plan and Maintenance Plan that provides future operating staff information needed to understand and optimally operate the commissioned systems.
EAc3 Option 1, Path 1 – Enhanced Commissioning
1. Review contractor submittals for commissioned systems.
2. Verify the requirements of the systems manual are included into the construction documents.
3. Verify operator and occupant training requirements are included into the construction documents.
4. Verify systems manual is updated and delivered by the Contractor.
Professional Services Proposal
San Pablo Police Facility Commissioning
July 5, 2023
3 / Interface Engineering, Inc.
5. Verify Owner training is conducted in accordance with the construction documents.
6. Verify seasonal testing is performed.
7. Perform a 10-month post-occupancy commissioning review of the MEP systems after substantial completion.
8. Develop an ongoing commissioning plan that includes best practices for the MEP systems.
Systems to be Commissioned
The building systems identified to be commissioned as part of this proposal include:
1. Packaged Rooftop Units
2. Exhaust Fans
3. Split Systems
4. CRAC Units
5. Dehumidifiers
6. Ceiling Fans
7. Ventilators
8. Terminal Units
9. Compressed Air System
10. Domestic Water Heaters
11. Domestic Recirculation Pumps
12. Daylighting Controls
13. Occupancy Sensors
14. Lighting Control Panels
15. Emergency Generator
16. Automatic Transfer Switches
17. Electrical Service and Distribution
18. Instrumentation & Control System
ASSUMPTIONS
This proposal assumes that the Commissioning Agent’s (CxA’s) responsibility during testing is limited to witnessing and documenting systems performance and associated coordination of such performance testing. It is the responsibility of the respective contractor(s), owner(s) and/or owner’s representative, to operate and demonstrate proper operation of their systems and equipment, including associated test instrumentation, throughout the commissioning process.
Specifically, all equipment, meters, devices, monitors, etc. necessary to perform the functional tests and commission the specified equipment will be provided by the respective contractors. Any electrical load banks for verifying heat rejection tests will be furnished and instal led by others, in accordance with requirements of the Commissioning Plan.
No physical or operational changes of any sort, hardware, or software will be made to any system component or installation of systems or component once testing and verification has c ommenced on any equipment, unless specifically acknowledged and directed by the CxA. Costs for delays associated with changes to systems being tested and any tests that must be repeated as a result of such changes are the responsibility of the owner and/or respective contractor(s).
Professional Services Proposal
San Pablo Police Facility Commissioning
July 5, 2023
4 / Interface Engineering, Inc.
RESPONSIBILITIES OF OTHERS
• The following items will be made available to the CxA in a timely manner with respect to the documents and tests that rely on these items: normal contractor submittals, RFI’s, start-up schedules, O&M materials, and contractor’s start-up and checkout procedures. • Acknowledge their willingness to participate in the commissioning process and to follow the commissioning plan in all phases.
• Agree to be officially represented at the first commissioning scope meeting and to have official representation at additional commissioning meetings, as necessary. • Participate and use Facility Grid to oversee the commissioning process, complete commissioning checklists, and respond to reports and issues as necessary. Facility Grid is the cloud-based commissioning management and collaboration software which will be used on this project. Facility Grid will be free to use for all commissioning team members assign ed to this project.
• Issues identified should be resolved by contractor prior to commissioning retesting. Interface includes two tests for each system. Upon failure of the same issue on the retest, additional fees may be charged to the contractor should additional retesting be required.
EXCLUSIONS AND CLARIFICATIONS
1. Testing and validation of the smoke control system.
2. Energy modeling.
3. Commissioning of smoke control systems.
4. Commissioning of low voltage systems.
5. Commissioning of fire sprinkler and alarm systems.
6. The following functions and deliverables will be provided by others and specifically a re not included as part of the Cx scope of services under this proposal:
a. Electrical short circuit study
b. Time current coordination study
c. Grounding system testing
d. Any associated and necessary coordination with the CxA, resulting from separate sources for these deliverables and functions, will be provided by others and/or the organization(s) providing the separate services, functions and deliverables.
7. Sensors and actuators will be fully calibrated and certified accurate and operational as part of the start-up and pre-functional tests and verifications to be completed by the respective contractor, prior to commencing functional testing. We will apply a standard sampling procedure to verify calibration.
8. Phasing of the Cx activities.
Professional Services Proposal
San Pablo Police Facility Commissioning
July 5, 2023
5 / Interface Engineering, Inc.
FEE
Fixed Fee
Project Phase Phase Totals
Fundamental Commissioning $28,400
Optional Services - EAc3 Enhanced Commissioning Optional Services Totals Option 1, Path1 – Enhanced Commissioning $12,000
Base Service
Fundamental Commissioning FEE
Design Development $2,800
Construction Documents $5,700
Construction Administration $15,600
Post-Occupancy $4,300
Total Fee: $28,400
Optional Service
Option 1, Path 1 – Enhanced Commissioning FEE
Design Development $1,200
Construction Documents $3,600
Construction Administration $3,000
Post-Occupancy $4,200
Total Fee: $12,000
PAYMENT TERMS
Standard reimbursable expenses include, but are not limited to: check plots, final plots, copies, phone calls, mileage to jobsite, parking, shipping, and messenger services.
Billed in addition to the above fee at cost plus 10 percent processing fee.
We will bill fees and reimbursable expenses monthly as services are performed. Payment is due within 60 days of receipt of invoice. Finance charges may be added after that time at a rate of
1.5 percent per month (annual rate of 18 percent). Finance charges will be applied to delayed payments resulting from lack of project funding. Upon aging of fees and reimbursable expenses beyond 90 days, Interface reserves the right to meet with Architect and holder of Prime Contract to determine resolution prior to continuation of services.
This proposal is valid for 90 days from the date first written above. Interface Engineering, Inc. reserves the right to modify or update this proposal after that date.
Professional Services Proposal
San Pablo Police Facility Commissioning
July 5, 2023
6 / Interface Engineering, Inc.
ADDITIONAL SERVICES
Services requested beyond those included in this proposal will be considered extra services and will be billed either at hourly rates listed below or will be estimated on a lump sum basis .
Interface may decline to perform additional work until authorization is received in writing.
Additional services will be billed at our standard hourly rates at the time the work is performed *.
Our current standard hourly rates (2023) are:
Senior Principal: $375/Hour
Principal: $325/Hour
Associate Principal: $265/Hour
Associate/Project Manager: $245/Hour
Sr. Engineer-Designer: $210/Hour
Engineer-Designer: $165/Hour
Project Designer-Drafter: $145/Hour
Administrative: $115/Hour
*Annual rate changes are expected to be 4% per year.
Attached is our Standard Provisions of Agreement for Professional Services. If this Proposal and the Standard Provisions of Agreement meet with your approval, please sign below, initial the Standard Provisions, and return to us. By your signature, you acknowledge that you have read the Standard Provisions of Agreement and that you read and agree to the Limitation of Liability paragraph. We will not proceed with the work until this signed Agreement is returned to us. In addition, you represent that you have authority to bind Mack5. If you have modified this proposal, we will review your modifications. This Agreement shall not be in effect until we sign, accepting your modifications.
Professional Services Proposal
San Pablo Police Facility Commissioning
July 5, 2023
7 / Interface Engineering, Inc.
If you have any questions, please contact this office.
Sincerely,
Michael Flemming, PE, LEED AP, BD+C, CxA, CEM Rick Russell, PE, LEED AP, CxA Principal Principal
MF:ah
Enclosures: Standard Provisions;
COMPANY: Mack5
CONTACT: _____________________________________ ______________________________ Manil Bajracharya, Principal Date
L:\Opportunities\2023\Mack5\San Pablo Police Facility Cx\Fee Proposal\20230705FP - San Pablo Police Facility Commissioning.docx
MEP Engineering | Fire/Life Safety | Lighting Design | Energy Consulting | Building Technologies | Commissioning Interface Engineering
1999 Harrison Street, Suite 550
Oakland, CA 94612
TEL 415.489.7240
www.interfaceengineering.com
STANDARD PROVISIONS OF AGREEMENT FOR PROFESSIONAL SERVICES
1. Standard of Care: The services provided by Interface Engineering, Inc. (Interface) under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Interface makes no other representations or warranties, whether express or implied, with respect to the services rendered hereunder.
2. Indemnity: Client shall, to the fullest extent permitted by law, indemnify and hold harmles s Interface, its officers, directors, employees, agents and subconsultants from and against all damages, liability and costs, including reasonable attorneys’ fees and costs, at trial, arbitration and on appeal, arising out of or in any way connected with the performance of Client and Interface pursuant to this Agreement, excepting only those damages, liabilities, or costs attributable to the sole negligence or willful misconduct of Interface.
3. Non-Responsibility: Interface shall not be responsible for damages and shall not be held in default by reason of events or circumstances beyond Interface's reasonable control; or for delays caused by failure of Client or Client's agents to furnish information or to approve or disapprove Interface's work promptly, or due to late or slow or faulty performance by Client, Client’s consultants, contractors, or governmental agencies, in the performance of acts which are precedent to or concurrent with the performance of Interface's services.
4. Client Information: Client shall provide all criteria and full information as to Client's requirements for the Project; designate a person to act with authority on Client's behalf in respect of all aspects of the Project; examine Interface’s submissions; and respond promptly to Interface; and give prompt written notice to Interface whenever Client observes or otherwise becomes aware of any defect in the work. Interface has a right to rely on the accuracy and completeness of information provided by Client.
5. Payment: Fees and reimbursable expenses will be billed monthly as services are performed.
Invoices shall be due upon receipt and shall be delinquent if not paid within 60 days of receipt of invoice. Delinquent invoices shall bear interest at the rate of 1.5 percent per month (but not exceeding the maximum amount allowable by law) until paid. Finance charges will be applied to delayed payments resulting from lack of project funding. Upon aging of reimbursable expenses beyond 90 days, Interface reserves the right to meet with Architect and holder of Prime Contract to determine resolution prior to continuation of services.
Payments received shall be first applied to interest and then to the unpaid principal balance.
Client shall pay Interface's reasonable costs, including staff time, attorneys’ fees and costs, incurred in collecting any delinquent amount regardless of whether litigation or arbitration has been filed.
6. Fees: Client shall pay the cost of checking and inspection fees, zoning and annexation application fees, assessment fees, soils and engineering fees, soils testing fees, aerial topography fees and all other fees, permits, bond premiums, title company charges, document reproduction costs, and other charges not specifically covered by the terms of this Agreement. Any such fees paid by Interface on behalf of Client shall be reimbursed, along with other reimbursable expenses, as invoiced.
Professional Services Proposal
San Pablo Police Facility Commissioning
July 5, 2023
2 / Interface Engineering, Inc.
7. Site Control: Interface and its personnel shall have no authority or responsibility to exercise any control over any construction contractor or other entity in connection with their work or any health or safety precautions associated with the Project. Client agrees that its contractor shall be solely responsible for job site safety, means and methods, and warrants that this intent shall be made evident in Client's agreement with its contractor. Client also agrees that Client, Interface, and Interface's consultants shall be indemnified and shall be made additional insureds under the Contractor's General Liability Insurance Policy and Builder’s Risk Policy.
8. Document Ownership: All reports, plans, specifications, field data and notes, and other documents including all documents on electronic media, prepared by Interface as instruments of service shall remain the property of Interface. Client may make and retain copies for information and reference in connection with the use and occupancy of the Project; however, such documents are not intended or represented to be suitable for reuse by any person for extension of the Project or for any other project. Any reuse or modification to the documents, without the prior written authorization of Interface shall be at Client's sole risk and without liability to Interface, its independent professional associates or consultants. Client agrees, to the fullest extent permitted by law, to indemnify, defend, and hold Interface harmless from any claim, cause of action, liability or cost (including reasonable attorneys’ fees and defense costs at trial, arbitration and on appeal) arising out or allegedly arising out of any unauthorized reuse or modification of the documents by Client or any person or entity that acquires or obtains the documents from or through Client without Interface's written authorization.
9. Cost Estimates: In providing opinions of probable construction costs, Client understands that Interface has no control over cost or the price of labor, equipment, or materials or over any contractor's method of pricing, and the opinions of probable construction costs provided by Interface are to be made on the basis of Interface's qualifications and experience. Interface makes no warranty, express or implied, as to the accuracy of such opinions as compared to bids or actual costs of the work estimated.
10. Hazardous Materials: Client acknowledges that Interface’s scope of services does not include any services related to asbestos, hazardous or toxic materials. In the event Interface, or any other party, encounters these materials at a job site, or it should become known that any such materials may be present at a job site or in adjacent areas which may affect Interface’s performance of services, Interface may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until Client retains appropriate specialist(s), consultant(s) or contractor(s) to identify, abate and/or remove the asbestos, hazardous or toxic materials, and warrant that the job site is in full compliance with applicable laws and regulations. Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Interface, its officers, directors, employees, agents, and subconsultants, from and against any and all claims, allegations, suits, liabilities, damages, and costs, including reasonable attorneys’ fees and costs, at trial, arbitration or appeal, arising out of, or in any way connected with the detection, presence or handling, removing, abatement, or disposal of any asbestos, hazardous or toxic substances, products and materials that exist on, about, or adjacent to the job site.
Professional Services Proposal
San Pablo Police Facility Commissioning
July 5, 2023
3 / Interface Engineering, Inc.
11. Termination - Suspension: Failure by Client to pay any invoice before it becomes delinquent shall constitute a material breach of this Agreement and shall entitle Interface to suspend performance of services until such delinquency is cured or, so long as such delinquency persists, Interface may terminate this Agreement upon five days' written notice without liability. This Agreement may otherwise be terminated by either party upon 30 days' written notice to the other in the event of a material breach by the other. In the event that Client becomes bankrupt or insolvent, Interface may terminate this contract without liability for direct, consequential or any other type of damages. In the event of termination of this Agreement, Client shall promptly pay Interface for all services rendered and all costs incurred up to the date of termination, in accordance with the compensation provision of this agreement.
12. Third-Party Beneficiary: Nothing in this Agreement shall create a contractual relationshi p with, nor a cause of action in favor of any third party against, either Client or Interface. Interface's services under this Agreement are performed solely for Client's benefit, and no other entity shall have any claim against Interface because of this Agreement or the performance or non- performance of services hereunder.
13. Mediation: Should any dispute arise between Client and Interface under this Agreement, it is agreed that such dispute will be submitted to a mediator, agreed to and compensated equall y by the parties, prior to commencement of litigation. Mediation will be conducted in Oakland, CA. Both parties agree to exercise their best efforts and good faith to resolve all disputes in mediation.
14. California Law: This Agreement is to be governed by and interpreted under the law of the state of California. Should any provision of this Agreement be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect.
15. Assignment: Neither Client nor Interface shall assign its interest in this Agreement without the prior written consent of the other.
16. Warranties: Interface has made no warranties or guaranties except as expressly written within the Agreement.
17. ADA and Regulatory Compliance: The American with Disabilities Act (“ADA”) requires the removal of architectural barriers. Client acknowledges that requirements of the ADA will be subject to various, and possibly contradictory, interpretations. Client also acknowledges that other laws, codes, rules, ordinances, and regulations may also be subject to contradictory interpretation. Interface will use reasonable professional efforts and judgment to interpret typical ADA requirements, and other federal, state and local laws, rules, codes, ordinances, and regulations, as they apply to the project. Interface cannot and does not warrant or guarantee that Client’s project will comply with all interpretations of the ADA requirements, and/or the requirements of other federal, state and local laws, rules, codes, ordinances, and regulations, as they apply to the project. Client agrees that Interface is not obligated for additional costs incurred due to changed interpretations, providing Interface used reasonable professional effort and judgment.
Professional Services Proposal
San Pablo Police Facility Commissioning
July 5, 2023
4 / Interface Engineering, Inc.
18. Integration: This Agreement contains the entire Agreement between Client and Interface, and no other oral or written inducement or promise has been made to or extended from either party as a part of this Agreement.
19. Waiver: The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision.
20. LIMITATION OF LIABILITY. Professional and Nonprofessional Liability: To the maximum extent permitted by law, and in recognition of the risks and rewards to Client and Interface, Client agrees to limit Interface's liability for Client's damages arising from Interface's errors and omissions associated with work performed under this Agreement to Interface's fee. As to all non-professional liability claims, Client Agrees to limit Interface's liability to Interface’s available insurance. These limitations shall apply regardless of the cause of action or legal theory pleaded or asserted, including, but not limited to negligence, breach of contract, negligent misrepresentation and strict liability. Client may negotiate higher limitations of liability for an additional fee.
21. Limitation of Liability - Consequential Damages: Neither Interface nor Interface’s directors, agents, employees, representatives, or subconsultants, shall be liable to Client for any indirect, special, incidental, consequential, or exemplary damages arising out of, or in connection with, the performance of services under this Agreement, whether in an action based upon contract, delay, negligence, strict liability, negligent misrepresentation, reckless misrepresentation, or otherwise.
22. Statutes of Limitation: Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of substantial completion or the date of issuance of the final certificate for payment for acts or failures to act occurring after substantial completion. In no event shall such statutes of limitations commence to run any later than the date when Interface's services are substantially completed.
23. LEED: If the project pursues LEED certification or other similar guidelines, the following applies: The LEED Green Building Rating System and other similar environmental guidelines (collectively “LEED”) utilizes certain design and usability recommendations on a project in order to promote an environmentally friendly and energy efficient facility. In addressing these guidelines, Interface shall perform its services in accordance with that degree of skill and care ordinarily exercised by similarly situated members of the same profession involved in the design of similar projects in the same locale as the Project. Client acknowledges and understands, however, that LEED is subject to various and possibly contradictory interpretations. Furthermore, compliance may involve factors beyond the control of Interface including, but not limited to, Client’s use and operation of the completed project. Interface does not warrant or represent that the Project will actually achieve LEED certification.
Interface shall use reasonable care consistent with the foregoing standard in interpreting and designing in accordance with LEED. Interface shall not be responsible for Contractor’s failure to adhere to the Contract Documents and any applicable laws, codes and regulations incorporated therein, nor for any changes to the design made by Client without the direct participation and written approval of Interface. Likewise, Interface shall not be responsible for
Professional Services Proposal
San Pablo Police Facility Commissioning
July 5, 2023
5 / Interface Engineering, Inc.
any environmental or energy issue arising out of Client’s use and operation of the completed project.
___________
Client Initials
PROPOSAL FOR SPECIAL
INSPECTION & TESTING SERVICES
Mack 5
Submitted to:
Mr. David Ross
October 24, 2023
By
Applied Materials & Engineering, Inc.
Proposal
Mr. David Ross, AIA
Mack 5
1000 Broadway, Suite 260
Oakland, CA 94607
Subject: Proposal for Special Inspection & Testing Services San Pablo Police Facility, 1050 Gateway Avenue, San Pablo Dear Mr. Ross:
Fees: A. Hourly and Unit Costs & Basis of Charges.
B. Budget Estimate.
Please call if you have questions. We look forward to the opportunity of working with the Team.
Sincerely,
APPLIED MATERIALS & ENGINEERING, INC.
Dushyant Manmohan
Principal
October 24, 2023
As requested, we are pleased to submit this proposal for providing special inspection and testing services for the subject project. The following items are included:
The fee proposal is based on a review of drawings dated 9/13/23, information provided by the contractor and past experience with similar projects. Assumptions made are clearly stated. Our desire was to provide thorough competitive fees.
Per Hour
1 Reinforced Concrete $112.25
2 Structural Masonry $112.25
3 Structural Steel Welding $112.25
4 Anchor Installation $112.25
UNIT TEST COSTS Per Set
1 Concrete Compression, per set of 5 (includes pick-up) $380.00 2 CMU Mortar Compression, per set of 3 (includes pick-up) $300.00 3 CMU Grout Compression, per set of 3 (includes pick-up) $320.00 4 CMU Prism Compression, per set of 3 (includes pick-up) $750.00 5 High Strength Grout Compression, per set of 6 cubes (includes pickup) $390.00
OTHER COSTS
1 Project Management, per hour $185.00
2 Final Affidavit, each $400.00
BASIS OF CHARGES
Minimum charge per call-out, show-up: 2 Hours
Work from 2-8 hours: Actual Time
Travel to job site: Portal-to-Portal
Mileage: $0.75
Parking: To be provided
Work over 8 and up to 12 hours per day, or on Saturday, per hour Time & One Half Work over 12 hours per day, or on Sundays and Holidays, per hour Double Time Night Differential, per hour $30.00 per hour
SAN PABLO CITY HALL
SPECIAL INSPECTION & TESTING FEES
A. HOURLY AND UNIT COSTS & BASIS OF CHARGES:
INSPECTION RATES
The estimated fees are based on the following State and Federally mandated prevailing hourly inspection rates and certified payroll requirements. Rates will be adjusted in accordance with DIR prevailing wage adjustments, currently scheduled for Sep '24.
1050 GATEWAY AVENUE, SAN PABLO
1 Reinforced Concrete $ 36,377.00
2 Structural Masonry 4,235.00
3 Steel Embeds, Structural Steel & Steel Stairs 54,900.00 4 Post-Installed Anchors 4,490.00
5 Mileage 1,300.00
6 Project Management 2,960.00
7 Final Affidavit 400.00
TOTAL $ 104,662.00
1 Basis:
Per code, a set of 5 cylinders will be sampled every 150 cu yds.
Cu. No. of Sets of
Yds. Placements Cylinders Rebar Concrete
476 2 4 16 16
677 2 6 20 20
1150 3 9 30 30
250 1 2 8 8
15 2 2 6 6
755 3 6 12 24
Total 3323 13 29 92 104
a) 92 hours @ $112.25 per hour $ 10,327.00
b) 104 hours @ $112.25 per hour 11,674.00
c) 29 sets @ $380.00 per set 11,020.00
d) 16 hours @ $112.25 per hour 1,796.00High Strength Grout Sampling:
INSPECTION HOURS
S2.01
SAN PABLO CITY HALL
Reinforced Concrete
B. DETAILED FEES BY DISCIPLINE:
SUMMARY OF FEES
BASIS FOR FEES
For each of the disciplines requiring our services, we have provided the basis used by us for determining the fees. The following is a summary of our testing and inspection fees, followed by a detailed breakdown:
SPECIAL INSPECTION & TESTING FEES
The following table summarizes the scope of cast in place concrete. Concrete quantities and the number of placements were provided to us. We are budgeting for four HSG placements. 1050 GATEWAY AVENUE, SAN PABLO
Mix designs to be reviewed by the Engineer.
Structural Member
Concrete Compression:
Tilt-up Panels
Closure Strip
S2.02
Concrete on Metal Deck
Footings / Grade Beams
Elevator Pit
Slab-on-Grade
Rebar Inspection:
Concrete Placement Inspection:
e) 4 sets @ $390.00 per set 1,560.00
Sub-Total $ 36,377.00
2 Basis:
Total Days of No. of
Area Block Work Grout Pours Block Grout
895 5 2 8 12
Total 895 5 2 8 12
a) 8 hours @ $112.25 per hour $ 898.00
b) 12 hours @ $112.25 per hour 1,347.00
c) 2 sets @ $300.00 per set of 3 600.00
d) 2 sets @ $320.00 per set of 3 640.00
e) 1 set @ $750.00 per set of 3 750.00
$ 4,235.00
3 Basis
Shop Field Shop Field
5 10 40 80
10 10 80 80
10 5 80 40
Total 25 25 200 200
a) Shop Welding Inspections 200 hours @ $112.25 per hour $ 22,450.00 b) Field Welding Inspections: 200 hours @ $112.25 per hour 22,450.00 c) Mileage Allowance to Shop: 25 trips @ $180.00 per trip 4,500.00 c) Travel to Shop: 25 trips @ $220.00 per trip 5,500.00 $ 54,900.00
4 Basis:
a) Anchor Installations: 40 hours @ $112.25 per hour $ 4,490.00 5 Mileage 65 trips @ $20.00 per trip $ 1,300.00
6 16 hours @ $185.00 per hour $ 2,960.00
7 $ 400.00
TOTAL $ 104,662.00
Steel Stairs
Post-Installed Anchors
Per contractor, we are budgeting ten half days for anchor installation.
Sub-Total
Final Affidavit
Project Management
HS Grout Compression:
Mix design to be reviewed by the engineer.
INSPECTION HOURS
Structural Masonry
Per contractor there is 895 sq ft of masonry. We are assuming ~200 sf per day for blockwork and two grout pours. Per building code, we will provide periodic inspections for block placement and inspect grout placements continuously.
Walls
Structural Member
Structural steel will be fabricated at JD2 in Auburn. The shop and field welding durations were provided; we estimated inspection hours, based on providing periodic inspections for single pass fillet welds and continuous inspections for all other welds are as follows:
Block Placement:
Steel Embeds, Structural Steel & Steel Stairs
Grout Placement:
CMU Mortar Compression:
CMU Grout Compression:
CMU Prism Compression:
Sub-Total
Structural Steel
Structural Member INSPECTION HOURSNUMBER OF DAYS
Steel Embeds and Panel Hardware
Sincerely,
APPLIED MATERIALS & ENGINEERING, INC.
Dushyant Manmohan
Principal
ACCEPTANCE
Name/Signature Title Date
The above fees are not-to-exceed for the construction schedule provided to us. Based on our experience on similar projects in the past, the total costs can sometimes exceed the estimate due to changes in the construction schedule.
We will try to keep you informed of changes that have an adverse impact on inspection fees. Efficiencies resulting in a reduced scope of work will result in credit back to you.
INDEMNIFICATION
If you approve of our proposal and would like us to proceed, please sign and return the enclosed copy. We appreciate the opportunity to submit this proposal and look forward to working with you.
I have read the proposal set forth in the terms above and accept the proposal with the understanding that it includes those terms.
In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless AME, its officers, directors, employees and sub- consultants (collectively, Consultant) against all damages, liabilities of costs including reasonable attorney’s fees and defense costs, arising out of or in any way connected with this Project, except only those damages, liabilities or costs attributable to the negligent acts or negligent failure to act by the Consultant.
References
PROJECT REFERENCES
SAN PABLO POLICE STATION
1050 GATEWAY AVENUE, SAN PABLO
1. San Pablo City Hall, San Pablo
Client: Mr. Manil Bajracharya
Mack 5
(510) 595-3020; [email protected]
No. of Units: N/A
Square Footage: 42,000 sf
Construction Cost $ 19.2 Million
Project Duration: January 2019- September 2020
Contract Amount: $ 47,770.00
Contractor: Overaa Construction
Structural Engineers: Buehler & Beuhler Structural Engineers, Inc.
Project Description: A new 2-story tilt-up structure on slab-on-grade is located adjacent to the Hayward fault. The concrete panels provided a unique combination of ductility and stiffness to resolve imparted lateral seismic loads. Utilizing the strength of the piers on each side of the windows, lateral resistance was achieved without the need for braced frames that would have blocked views through the windows.
Scope of Work: C oncrete, structural masonry, structural steel, high-strength bolts, Fireproofing, epoxy anchors/dowels, and field/shop welding, including NDT.
2. Administration Building (ADR), 651 Pine Street, Martinez
Client: Ms. Margaret Thorp
Contra Costa County Capital Projects
(925) 957-2479; [email protected]
Square Footage: 72,000 sf
Construction Cost $64 Million
Project Duration: July 2022 - Ongoing
Contract Amount: $ 459,609.34
Contractor: Webcor
Structural Engineer: Tipping Structural Engineers
Project Description: The new Satellite Administration Building will provide 74 parking spaces and a tenant space on Level 1. Level 2 and 3 will offer approximately 42,000 sf to house various County departments. The superstructure is concrete framed with post- tensioned decks. The project is pursuing a LEED Gold certification.
Scope of Work: R
einforced concrete, PT concrete, structural masonry, structural steel, high-strength bolts and steel stairs, ultrasonic testing, Metal stud framing, fireproofing and fire- stopping including floor flatness and waterproofing inspections.
3. Corte Madera Town Hall, 300 Tamalpais Drive, Corte Madera
Client: Mr. Paul Beamer
Mack 5
(415) 990-9779; [email protected]
Square Footage: 11,800 sf
Construction Cost $12.5 Million
Project Duration: 2022 – Ongoing
Contract Amount: $ 79,965
Contractor: Alten Construction
Structural Engineer: ZFA Structural Engineers
Project Description: The new two-story steel-framed building will house a public permit center, council chambers, administrative offices, conference rooms, and meeting rooms for the use of the town. The substructure consists of a pier foundation system on grade beam and slab-on-grade plate.
Scope of Work: R einforced concrete, structural steel (shop/field welding), high-strength bolts and nailing/tie-down, and pos-installed anchors.
4. Fire Station No. 86, 10 Goble Drive, Bay Point
Client: Mr. Jeff Acuff (Previous PM: William Wahbeh) Contra Costa County Capital Projects
(925) 957-2487; [email protected]
Square Footage: 10,856 sf
Construction Cost $10 Million
Project Duration: August 2020 – July 2022
Contract Amount: $ 68,630.96
Contractor: C. Overaa
Structural Engineer: RRM Design Group
Project Description: The new one-story Silver LEED -accredited structure replaced the existing Fire Protection District Fire Station #86. The building foundation system was 5” slab- on-grade. The fire truck parking area consisted of caisson footing deep foundation.
The superstructure consisted of wood-framing with CMU interior walls.
Scope of Work: R
einforced concrete, structural masonry, structural steel (shop/field welding), high- strength bolts and nailing/tie-down, and pos-installed anchors.
5. West County Behavioral Health Annex, San Pablo
Client: Mr. Ramesh Kanzaria
Contra Costa County Public Works
(925) 313 2156; [email protected]
Construction Cost $10 Million
Project Duration: 2018- 2020
Contract Amount: $ 45,000
Project Description: new 2-story, 20,800 medical office building and site improvements for Contra Costa County. This addition to the West County Health Center provides adult and child behavioral health services, in an annex building linked to the main facility by a covered walkway. The project was delivered using Design-Build, incorporating lean project delivery strategies, with early contractor input into design approaches, constructability challenges and operational constraints. The building is a structural steel frame with composite floor slab, supported on an auger pressure grouted pile foundation. The seismic force resisting system is a Steel Special Moment Frame.
Scope of
Work: Reinforced concrete, structural steel welding, non-destructive testing, high strength bolts, post-installed anchors.
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