Design Professional Agreement with Group 4 Architecture, Research and Planning Page 1 Rev. 09-28-18
EBIX Insurance No. S200005883
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GROUP 4 ARCHITECTURE, RESEARCH AND PLANNING
FOR THE
INTERNATIONAL SWIM CENTER REHABILITATION PHASE 2 PROJECT
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City), and Group 4 Architecture, Research and Planning, a California corporation (Consultant). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.” In this Agreement, “Contractor” is used to refer to the party awarded the contract for the construction of the International Swim Center Rehabilitation Phase 2 Project.
RECITALS
A. City desires to secure the design prof essional services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”; B. “Design professional” includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; C. Consultant represents that it, and its subconsultants, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Consultant shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
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Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Exhibit E – Milestone Schedule
Exhibit F – Project Management Document Software
Exhibit G – Design Considerations
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin upon the date this Agreement is signed by both parties and terminate on December 31, 2032. Services shall not commence until City issues a written notice to proceed.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant shall perform those Services specified in Exhibit A within the time stated in Exhibit E. Time is of the essence.
A. All reports, cost estimates, pl ans and other documentation which may be submitted or furnished by Consultant shall be approved and signed by an appropriate qualified licensed professional in the State of California.
B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.
4. WARRANTY
Consultant expressly warrants that all services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Consultant agrees to promptly correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Consultant. If Consultant fails to promptly Design Professional Agreement with Group 4 Architecture, Research and Planning Page 3 Rev. 09-28-18
correct services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City.
5. QUALIFICATIONS OF CONSU LTANT - STANDARD OF CARE
Consultant represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Consultant’s representations regarding its skills and knowledge. Consultant shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
All documents furnished under Exhibit A shall be of a quality acceptable to City.
The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well organized, that is technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by City for similar Projects.
6. COMPENSATION AND PAYMENT
In consideration for Consultant’s complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is three million one hundred six thousand one hundred twenty-seven dollars ($3,106,127) subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services.
All work performed or materials provided in excess of the maximum compensation shall be at Consultant’s expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. City s hall have the right to terminate this Agreement, without cause or penalty, by giving not less than thirty (30) days’ prior written notice to Consultant.
B. Termination for Default. If Consultant fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Consultant.
C. Upon termination, each Party shall assi st the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of Design Professional Agreement with Group 4 Architecture, Research and Planning Page 4 Rev. 09-28-18
termination, Consultant will deliver to City all City information or material that Consultant has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Consultant bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Consultant shall not hire subconsultants without express written permission from City.
Consultant shall be as fully responsible to City for the acts and omissions of its subconsultants, and of persons either directly or indirectly employed by them, as Consultant is for the acts and omissions of persons directly employed by it.
9. NO THIRD PA RTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONSULTANT
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent consultants and do not act as agent(s) or employee(s) of City. Consultant has full rights to manage its employees, workers, and contractors in their performance of Services under this Agreement.
Consultant shall enter into written agreements with all persons it engages, hires, contracts with, or employs to perform Services or provide labor and or materials to City, which state the persons are not employees of the City, and such persons are required to immediately report to Consultant any and all instances of any of the following, if they occur during the time the persons provide labor and or materials to City: (a) The way a person supplies labor and or materials to City is supervised by City or City’s designee; (b) The person is informed they should follow instructions given by City concerning how the person’s labor and material are to be provided; (c) The person is informed they should give City access to on-going review of the person’s labor and or materials; (d) The person is informed by City they should participate or attend training; (e) The person is unavailable to promote or otherwise make their labor and or materials available to the general public as a result of the provision of labor and materials to City; (f) The person is informed they are City’s employee; or (g) The person forms a belief or opinion they are City’s employee.
Consultant must immediately provide written notice to City of any report under Section 10 and provide related information as reasonably requested by City. The Parties agree failure of Consultant to immediately provide written report to City of Design Professional Agreement with Group 4 Architecture, Research and Planning Page 5 Rev. 09-28-18
any notice it receives from any source, relating to Section 10, constitutes material breach of this Agreement.
Consultant will inform and train persons it engages, hires, contracts with, or employs to provide labor and or materials to City on the requirements of Section
10. Consultant shall require that its workers and/or personnel immediately report to their respective Consultant supervisor any perceived occurrence under Section 10.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Consultant may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Consultant shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSP ECT RECORDS OF CONSULTANT
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Consultant shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
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Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Consultant’s Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Consultant agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Consultant, its employees, subconsultants, or agents in the performance, or non-performance, of Services under this Agreement.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Department of Public Works – Design Division 1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Consultant addressed as follows:
Group 4 Architecture, Research and Planning
Attention: Dawn Merkes
Design Professional Agreement with Group 4 Architecture, Research and Planning Page 7 Rev. 09-28-18
211 Linden Avenue
South San Francisco, CA 94080
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Consultant shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Consultant’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Consultant has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Consultant will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Consultant shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Consultant shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
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22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
26. STATEMENT OF ECONOMIC INTERESTS
Due to the nature of the Services to be performed, and if they are designated positions required to file by the City of Santa Clara Conflict of Interest Code, designated employees of Consultant shall promptly file a Statement of Economic Interests (Form 700) upon commencement of the Agreement in accordance with California Government Code section 87200, et seq.
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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
J ŌVAN D. GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax:
(408) 241-6771
“CITY”
GROUP 4 ARCHITECTURE, RESEARCH AND PLANNING
a California corporation
Dated:
B
y (Signature):
Name: Andrea Gifford
Title: Principal
Principal Place of
Business Address:
211 Linden Avenue
South San Francisco, CA 94080
Email Address: a [email protected]
Telephone: (650) 871-0709
Fax:
“CONSULTANT”
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 1
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GROUP 4 ARCHITECTURE, RESEARCH AND PLANNING
FOR THE
INTERNATIONAL SWIM CENTER REHABILITATION PHASE 2 PROJECT
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Consultant under this Agreement are set forth below.
I. GENERAL
Objective
The City’s Objective is for the Consultant to provide all design professional services necessary to design the Internation Swim Center Rehabilitation Phase 2 Project as contemplated in the City’s Request for Proposals (RFP), the Consultant’s response to the RFP (Proposal), and as described herein this Agreement.
This Scope of Services is anticipated as necessary to meet City’s objectives.
Consultant and City agree that this Scope of Services incorporates Consultant’s professional qualifications and experience and will meet the City’s objectives.
Background and Project
The George F. Haines International Swim Center (ISC) was designed in 1965, constructed in 1966, and opened to the public on July 1, 1967. The ISC is located at 2625 Patricia Drive within Central Park an d features three pools (a 50-meter x 25- yard racing pool, a deep diving well, and a training pool), full concrete decks, mechanical circulation, f iltration and heating systems, 3, 000-seat viewing stands, roof, diving tower, changing/shower facilities, staff offices, training rooms, and several support spaces.
Facilities Condition Reports completed in 2017 (Kitchell Report) and 2023 (LPA’s Visual Observation Assessments Report) identified deficiencies across architectural, structural, mechanical, and forensic engineering systems. These findings, combined with 100+ days of closures in 2023 due to mechanical issues, led to the January 2024 closure of the ISC to ensure public health and safety.
On December 9, 2025, the City of Santa Clara proceeded with the first phase of the ISC to rehabilitate three existing pools, c onstruct a new dive tower, construct a new mechanical building, and install all required utilities for the first phase of the ISC and most of the primary utilities required for the new administrative/community building.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 2
It is the intent of this Ag reement to proceed with the second phase of the ISC to construct a new administrativ e building, repair existing bleachers and replace the canopy, and improve accessory buildings lo cated on either side of the spectator seating (Project). These improvem ents are designed to enhance operational efficiency and system redundancy while ensuring compliance with Building and Fire Code as well as current competition standards across multiple aquatic disciplines.
Description of Services
Consultant is expected to provide complete , professional, high-quality Services and products; to consult City personnel, and others who are involved with the Project; and to provide the expertise, guidance, advice, and assistance in accomplishing the objective.
Consultant Structure
Consultant shall provide the Services described herein through a Project team, comprised of Consultant and Subconsultants identified as follows:
A. Consultant: Group 4 Archit ecture, Research and Planning
B. Subconsultants to Group 4 Arch itecture, Research and Planning:
1. Gates Studio - Landscape Architect
2. Blue Forest Engineering - Mec hanical, Plumbing, Fire Protection
3. O’Mahony & Myer - Electrical, Phot ovoltaics, and Lighting Engineering
4. Degenkolb - Struct ural Engineering
5. SFMI - Low Voltage, Acoustical, and Security
6. BKF - Civil Engineering
7. The Marshall Associates - Kitchen Consultant
8. David J. Powers & Associates - Environmental/Planning Consultant
9. Ninyo & Moore - G eotechnical Engineering
10. TBDC - Cost Consultant
Any changes to the consultant structure through the course of services is subject to approval in writing by City. All services described in this Scope of Services shall be self-provided by Group 4 Architecture, Research and Planning unless specifically described otherwise, or otherwise approved in writing by City.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 3
II. RESPONSIBILITIES OF CITY
City will provide the following information and support for the Project as available and applicable:
A. Record drawings (as available).
B. City’s Standard Details, Specificat ions, Benchmark, and Design Criteria.
C. Storm Drain (SD), Sanitary Sewer (SS), Electric, Fiber, Water and Recycled Water Block Book Maps (as available).
D. Geographic Information System (GIS) data including land parcels, street centerlines, City sanitary sewers, City storm drains, and aerial photographic tiles (as available).
E. Payment of permit applicat ion fees with other internal departments, if required.
F. Filing exemption under the California En vironmental Quality Act, if applicable.
G. Scheduling and invitations for public meetings.
H. Any other information not included in Cons ultant’s Basic Services or Additional Services that is reasonably needed for the Project.
I. A project representative who can render decisions on behalf of the Project in a timely manner.
Consultant shall review the information pr ovided by City to verify completeness and identify any missing information that is necessary for design.
III. BASIC SCOPE OF SERVICES
The Basic Scope of Services includes prof essional Services required to design and prepare bid documents (plans, specificati ons, and engineer’s estimate or PS&E) for public works bidding of the Project. Consultant is required to comply with project design considerations identified in Exhibit G. The following Tasks shall be completed by Consultant.
PROJECT MANAGEMENT
Consultant shall:
A. Manage its team and ov erall Project activities consis tent with the di rection from City in order to meet Project schedul e and budget. Manage Subconsultants, maintain schedule and budget, anticipate and mitigate potential design issues and delays and coordinate and update City on the overall progress of Project.
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B. Submit plan of work to City for review and approval prior to proceeding for any field work that involves subsurface excavation and/or coring.
C. Organize and attend Project meetings with City to discuss Project progress, decisions, and direction and to coordinate activities. Meetings shall be held at key Project milestones and shall include, but are not limited to:
1. Kick-off and Field Visit Meeting
2. Preliminary/Ev aluation Meeting
3. Various community outreach events and meetings
4. Parks and Recreation Commission Meetings
5. City Council Meetings
6. 65% Design Review Meeting
7. 95% Design Review Meeting
8. 100% Design Review Meeting
9. Applicable construction-related meetings
10. Any other meetings ident ified in this Agreement
1) Coordinate with City, des ign team members, consultants, utility companies, other government agencies, and other affected parties as required throughout the duration of Project as well as the Qua lity Assurance/Quality Control (QA/QC) activities for Project deliverables.
2) Prepare, monitor, and update progress schedule in MS Project format beginning at the kickoff meeting and ending at constr uction contract award. Schedule shall show significant milestones for Project. C onsultant shall notify City if there are delays or potential delays in any phase of Project. In such cases, Consultant shall make up the schedule in subsequent phases of Project or provide information to City substantiating a request for time extension (which may not be approved). The schedule shall be always maintained and shall be updated each time progress and milestones are achieved and/or changed.
3) Meetings: Meetings sha ll be budgeted for and invoiced under each respective Task or activity requiring a meeting and not as Project Management. Preparation for meetings shall be considered as included in the Task or activity for which the meeting is involved. A kick-off meet ing shall be conduct ed with designated City staff prior to beginning wo rk to review anticipated Tasks and schedule, review available information and needs, and address any outstanding questions regarding Project moving forward raised by City or Consultant. During the course of Services while there is active work on the Project, Consultant shall schedule and attend brief Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 5
bi-weekly (every other week) conference calls with City. The purpose of the bi- weekly conference calls will be to keep City apprised on the Project's progress and address any issues that may arise during the course of Services.
4) Provide monthly progress reports.
5) Stakeholder Coordination: Consultant shall coordinat e with Project stakeholders as needed to inform each stakeholder of Project work and incorporate any necessary accommodations into the final submittal documents.
6) Provide Review/Plan Check Log (R esponse Matrix) summarizing comments received from various City Departments/Divisions and agencies. Response Matrix shall include, but not be limited to, co mmenting department/division or agency, comments, response to comments, acti on items, and person responsible for follow-up. Consultant shall be responsib le for resolving co mments from each commenter and shall identify to City any comments that cannot be resolved to have final discussion and resolution. Submit Re sponse Matrix in electronic format with each route of plan check submittal.
7) Conduct QC reviews in accordance with its QA Program guide lines. Consultant shall provide a copy of its QA Program guidelines and shall provide a QC report at the end of each Task. Time spent for QA-QC reviews for specific deliverables shall be budgeted and billed under each respective task requiring QA-QC review and not as Project Management.
8) Utilize and design to D epartment of Transportation Standard and Details, City Standard Plans and Specifications, City Parks and Recreation Standard Specifications and Details, American Disability Act (ADA) Design Guidelines, CalOHSA, latest building and fire codes, Municipal Regional Permit, General Construction Permit, County of Santa Clara permit and other applicable codes and standards, and other applicable codes and standards recommended by the Consultant. The City shall have the right to review all drawings, specifications, and other documents and electronic records relating to such services.
9) Invoicing and Contract Administration: Consultant administrative staff time spent preparing invoices for Services complete shall be considered as included in the overhead of the Consultant ’s basic hourly rates and shall not be billed.
Additionally, addressing administrative issues regarding the professional Services agreement, such as preparing additional Services requests or budget modifications, shall also be considered as included in the overhead of the Consultant’s basic hourly rates and shall not be billed.
10) City Project Management Software: City at the time of this Agreement employs the use of internet-based e-builder projec t management software. Consultant shall cooperate with City and use the software as directed by City, including submitting invoices via the software.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 6
Payment for all responsibilities related to Project Management shall be included in the various tasks identified in Exhibit B, Schedule of Fees.
Deliverables:
1. Progress schedules in MS Project format (submitted electronically as an 11” x 17” PDF file and in native MS Project format).
2. QA Program guidelines and QC reports for each Task (in PDF file)
3. Meeting agendas, preparation materials, and meeting minutes for each Project meeting (in PDF file).
4. Monthly progress reports and invoices (in PDF file)
TASK 1: PRELIMINARY ENGINEERING AND EVALUATION
The CONSULTANT shall:
1.1 Attend Project Ki ck-Off Meeting.
1.2 Perform all necessary assessments and in vestigations to determine the existing conditions and propose recommendations to City for the improvements. Contact all regulatory agencies that will affect the proposed work to determine applicable codes and ordinances. Review all necessary as-builts to understand existing conditions in order to prevent utility conflicts and changes during construction.
1.3 Consultant shall perform a field review of Project location(s) and prepare field notes that generally descri be conditions that may affect the work, such as existing conditions, visible surface utility information, traffic conditions, physical obstructions, and construction access.
1.4 Review existing geotechnical and geolog ic information, including previous studies and as-built drawings as avail able, for any potentia l issues associated with excavation. Notify City if there could be any expected complications with the excavations based on review of the existing information.
1.5 Contact all regulatory agencies that will affect the proposed work to determine applicable codes and ordinances.
1.6 Collect as-built record drawings/maps for storm drain pi pelines, utilities and roads within the site and vicinity of Project sites. Review all necessary as-builts to understand existing conditions, verify completeness and identify any missing information that is necessary for design in order to prevent utility conflicts and changes during construction. For informa tion that is required for non-City maintained facilities, contact the appropr iate owner to obtain information, as needed.
1.7 Meet with City staff to obtain additional information and input as needed. Provide all necessary design services, including but not limited to land scape, civil, and structural.
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1.8 Any damage that occurs to existing side walks, landscape, utility pipes, conduits, etc., during the construction shall be repaired.
1.9 Perform needed topographic survey for ex isting sites, plans layout, and final approved improvements (from the evaluation/recommendation) for use as base layout for the design plans.
1.10 Perform all necessary environmental assessments and pre-demolition surveys, as applicable for the Project.
1.11 Perform all necessary accessibility a ssessments and surveys to meet latest building codes and accessibility regulations.
1.12 Perform all necessary ut ility modeling and calculations for applicable upsize and upgrades to meet Project Objectives.
1.13 Develop sustainability strategies c onsistent with CALGr een requirements, energy efficient building systems, and photovoltaic integration opportunities.
1.14 Support the City through all requir ed permitting processes, including coordination with Building Official, Fire Department, regulatory agencies, utility companies, environmental authorities, and other applicable jurisdictions.
1.15 Design shall meet City’s solid waste requirements.
1.16 Consultant shall prepare a Notice of Intent to Construct (NOI) on City’s standard NOI form, or similar process at Consult ant’s discretion, and submit it to utility operators in order to gather records for existing utilities at Project locations.
Location map exhibits will be required to be submitted as part of the NOI.
Consultant shall provide City a draft of the NOI prior to sending it to the utility, maintain log of all NOI sent and received, and provide City all information received from the NOI. The purpose of t he collection of utilit y information is to identify ownership of surf ace features that will be impacted by the work, and also to identify if there are any high-risk utilities within Project limits that may be impacted by the work.
1.17 All data collected from t he field shall be provided to the City for records. Prior to performing data collection, Consultant s hall provide a work plan to City for review and approval. No work shall be performed unless authorized by City.
1.18 Based upon the review of the existing conditions, evaluate alternative methods to upgrade existing systems and propose recommendations to City for the most appropriate upgrade method. Consider factor s such as cost, constructability, capacity after upgrades, diversions and bypassing, redundancies, service life, and future operations and maintenance considerations for the upgraded facilities.
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1.19 Based upon the recommended method, evaluate and propose recommendations for programing the upgrades into construction bid packages in order to perform the upgrades as cost effectively and efficiently as possible.
Formalize the findings under this Task for City’s review and approval.
1.20 Prepare Schematic Design
1.20.1 Develop up to three (3) schematic design alternatives.
1.20.2 Incorporate communi ty and stakeholder input.
1.20.3 Prepare conceptual lay outs and supporting materials.
1.20.4 Develop preliminary cost estimate and schedule.
1.20.5 Conduct project meetings thr oughout this phase to ensure continued City team involvement in design decisions.
1.20.6 Update and refine design, budg et, sustainable design strategies.
1.20.7 Conduct technical meetings wit h City representatives as needed to focus on specific aspects of the Project, such as confirmation of the code compliance strategy.
1.20.8 Prepare schematic design level building systems design and coordination for landscape and ci vil disciplines, structural, mechanical, plumbing, and electrical disciplines, fire alarm/fire protection and telecommunications/data disciplines.
1.20.9 Update the estimate of probable construction cost to reflect the decisions made in this phase.
1.20.10 Conduct an Integrated Design Workshop (IDW) that will be attended by the Consultant and select engineers who will meet with representatives of the City to re view the design from technical, operational, functional, maintenance, durability perspectives and confirm the alignment of design strategies and budget.
1.20.11 Upon City selection of the preferred alternat ive, Consultant shall proceed with further design.
1.21 Provide preliminary Projec t estimate that includes an itemized list of bid items for construction. Project estimates shall be accurate and prepared based upon current construction pricing and escalated to mid-construction. Consultant shall review recent bids and contact vendors, suppliers, and contractors as necessary to develop an accurate cost estimate. Consultant shall provide the assumptions and supporting documents used to prepare the estimate. Project estimate shall consider the following factors:
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 9
1.21.1 Recent similar projects bid in the Bay Area, especially in the South Bay.
1.21.2 Current economic trends.
1.21.3 When Project will be bidding.
1.21.4 When construction will occur.
1.21.5 The risks that contractors need to consider for Project.
1.22 Develop a project schedul e. Schedule shall include all needed times to complete all tasks, including City’s review ti me, permitting process, and construction period.
1.23 Any work that affects the public ri ght-of-way, which includes geotechnical boring, potholing, excavati on, and other that are simi lar in nature, requires submittal of a complete encroachment permit applications. Requirements of the encroachment permit applicat ions are online on City’s website and typically include traffic control plan, work plan, insurance, re-establishment plan, and other necessary document s. City will pay for all related encroachment application fees; however, Cons ultant shall bear all costs related to submitting the encroachment permit applications.
1.24 Environment Review – Exemption: It is anticipated that the Project to be designed and constructed will be determi ned as either categorically exempt under the California Environment Qua lity Act (CEQA) Guidelines 15302 (c), Replacement or Reconstruction.
1.25 Consultant shall review the prelimi nary designs for the proposed upgrades to recommend CEQA determination and regul atory permits needed, if any, and prepare a brief memorandum to docum ent and support the recommendation.
Should any services beyond an exception (such as an Initial Study – Mitigated Negative Declaration) become requir ed to ensure the upgrades comply with CEQA, such work shall be considered Additional Services.
1.26 In accordance with the ant icipated exemption, Consultant shall prepare a Notice of Exemption for the qualif ying upgrades included in Project. The Notice of Exemption will be submitted in draft fo r City review and revised/finalized for submittal based on the City review. Consultant shall file the Notice of Exemption on behalf of City. City will pay the County/CDFW filing fees.
Task 1 Meetings:
1. Up to ten (10) meetings.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 10
Task 1 Deliverables – Electronic format:
1. Notice of Intent to Construct Form(s)
2. Draft Schematic Plans – One (1) PDF
3. Preliminary Budget Estimate – One (1) PDF
4. Project schedule – One (1) PDF
5. Field notes and photographs
6. Meeting Minutes – One (1) PDF
7. Memorandum of CEQA Determination Recommendation, Draft Notice of Exemption – (1) PDF, Submittal-Ready Notice of Exemption (PDF) if required
TASK 2: Community Outreach and Special Meetings
2. Community Outreach Meetings
2.1. The community meeting will be set up and led by the City; however, the Consultant shall prepare all meeting materials and exhibits. Consultant shall facilitate the meeting with the community, present the schematic design, answer any questions, and take notes of all discussions. Consultant shall summarize assessment and stakeholder input for review with the City and incorporate them into the next phase of design.
2.2. Based on the results of the community meeting, Consultant shall finalize the schematic design, cost estimate, and project schedule for the City’s review and approval. Once approved, the schematic design shall be presented at the Parks and Recreation Commission Meeting. Similar to the community meeting, the City will set up and take the lead in the meeting; however, the Consultant shall provide any assistance needed to facilitate a successful meeting.
2.3. Consultant shall anticipate at least five (5) community outreach meetings, including meeting(s) with the Community Aquatic Facility Stakeholder Committee. These meetings can take place at the ISC, City Hall, or at any locations in the City of Santa Clara. Meetings may take place during work hours and/or beyond work hours and during weekends.
2.4. Parks and Recreation Commission Meeting
2.4.1. Based on the results of the co mmunity meeting, Consultant shall finalize the schematic design, cost estimate, project schedule for the City’s review and approval. Once approved, the schematic design shall be presented at the Parks and Recreation Commission Meeting.
Similar to the community meeting, the City will set up and take the lead in the meeting; however, the Consultant shall provide any assistance needed to facilitate a successful meeting.
2.4.2. Consultant shall anticipate at least two (2) Parks and Recreation Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 11
Commission meetings. These meetings can take place at the ISC, City Hall, or at any location in the City of Santa Clara. Meetings may take place during work hours and/or beyond work hours and during weekends.
2.5. City Council Meeting
2.5.1. Based on the feedback from the Parks and Recreation Commission Meeting, Consultant shall finalize the schematic design, cost estimate, project schedule for the City’s review and approval. Once approved, the schematic design will be presented to City Council for approval. Once approved by the City Council, the Consultant shall prepare 65% Construction Documents.
2.5.2. Consultant shall anticipate at least two (2) City Council meetings.
These meetings will take place at City Hall. Meetings may take place during work hours and/or beyond work hours.
2.6. Special Meetings
2.6.1. Any special meetings for the project may need to be held to finalize schematic design. Consultant shall facilitate the meeting with the community, present the schematic design, answer any questions, and take notes of all discussions. Consultant shall summarize assessment and stakeholder inputs for review with the City and incorporate them onto the next phase of design.
2.6.2. Consultant shall anticipate at least two (2) special meetings. These meetings can take place at the ISC, City Hall, or at any locations in the City of Santa Clara. Meetings may take place during work hours and/or beyond work hours and during weekends.
Task 2 Meetings:
1. Community Outreach and Stakeholder Meetings: Up to five (5)
2. Parks and Recreation Commission Meetings: Up to three (3)
3. City Council Meetings: Up to two (2)
4. Special Meetings: Up to two (2)
Task 2: Deliverables:
1. Meeting Materials and Exhibits in the City-prescribed format.
TASK 3: 65% CONSTRUCTION DOCUMENTS
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 12
Based on the approved schematic pl ans, approved project scopes, and any adjustments authorized or directed by the City, the Consultant shall develop and refine the design and prepare construction documents.
Plans shall be drawn to scale, on D-size ( 24” X 36”) sheets, at an engineering scale up to 1” = 40’ maximum, conforming to City’s Design Criteria. Plans are to be drawn by AutoCAD 2021 or earlier versions, using City-provided standard AutoCAD template with background layout from Consultant’s topographic survey.
3.1 Prepare 65% construction documents and supporting information for City’s review. Consultant shall follow City’s Design Criteria and plan format to prepare 65% Plans and supporting information for City’s review. Plans shall include details of major design com ponents as necessary such as: Site Plan, Existing Condition, Proposed Improv ement, Traffic Control Plan, Details, and other pertinent information for City to review and provide comments.
65% Plans shall include all existing utilities on-site and immediate surrounding off-site areas. Pertinent background information relating to proposed improvements such as, but not limited to, layouts, fence, gate, pedestrian pathway, property lines, site entrance/exist driveway, and adjacent streets shall be shown.
All potential utility conflicts shall be discussed with City and coordinated with each respective utility agency to clear all conflicts. Project plan shall clearly identify all existing utilities that will be and potentially be impacted during construction.
3.2 Prepare design of access card reader syst em at main entry points/main door entries into the building along with primary interior offices. All work shall comply with city provided Technology Standards for the City of Santa Clara Smart Parks.
Provide infrastructures for related technology per the provided standards.
3.3 Prepare fire alarm design criteria fo r deferred submittal during construction.
3.4 All required permits fr om Bay Area Air Quality Management District, Cal OSHA, and/or County of Santa Clara shall be indicated on the project plan and included in the bid documents.
3.5 Prepare Project estimate that includes an itemized list of bid items. Project estimates shall be accurate and pr epared based upon current construction pricing and escalated to mid-construction. Consultant shall review recent bids and contact vendors, suppliers, and contra ctors as necessary to develop an accurate cost estimate. The Consult ant shall provide the assumptions and supporting documents used to prepare the estimate. Pr oject estimate shall consider the following factors:
3.5.1 Recent similar projects bid in t he Bay Area, especially in the South Bay.
3.5.2 Current economic trends.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 13
3.5.3 When Project will be bidding.
3.5.4 When construction will occur.
3.5.5 The risks that contractors need to consider for Project.
3.6 Develop Project schedul e. Schedule shall include al l needed times to complete all tasks, including City’s review time s, permitting process, and construction period.
3.7 Plan, coordinate, schedule, attend meet ings, and produce meeting minutes with action items for all meetings with Cit y as deemed necessary to efficiently complete this phase of the design in a timely manner.
3.8 Conduct a quality control (QC) re view of design documents (Plans, Specifications, and Engineer’s Cost Estimates).
3.9 City will circulate the s ubmittal package to internal City departments for review and comments. Consultant shall be respon sible for submitting the package to external stakeholders if required. Consultant shall prepare written responses to all written comments received. All red lined drawings shall be returned with Consultant’s response on the redlined drawings.
3.10 Consultant shall be responsible for resolving comments from each commenter and shall identify to City any comments that cannot be resolved. Consultant shall conduct a 65% comments review meeting with City to discuss comments on the submittal package, to identify any significant design issues, and gain concurrence as to how the submitta l shall be revised as appropriate to incorporate City’s comments.
3.11 Consultant’s peer review representative shall independently review the project for completeness and work with his/her project team to rectify all design deficiencies prior to submitting the pr oject package to the City for comments.
Consultant shall provide records of the peer review and comments that were addressed. The records shall include the name of peer review representative, team members involved, and signature of the project manager.
Task 3 Meetings:
1. Up to seven (7) meetings.
Task 3 Deliverables – Electronic format:
1. 65% Plans – One (1) PDF and one (1) AutoCAD file
2. 65% Engineering cost estimate – One (1) PDF and one (1) Microsoft Excel file
3. Project schedule – One (1) PDF and one (1) Microsoft Project file
4. Quality control checklist for 65% PS&E submittal – One (1) PDF and one (1) Microsoft Word or Excel file
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 14
5. Miscellaneous Project information (as requested)
6. Meeting minutes – One (1) PD F and one (1) Microsoft Word file
7. QA/QC records and peer review records.
TASK 4: 95% CONSTRUCTION DOCUMENTS
Based on City’s comments and direction on the 65% PS&E, Consultant shall revise the 65% PS&E to produce the 95% PS&E. Consultant shall:
4.1 Prepare 95% construction documents and supporting information for City’s review and approval.
4.1.1 Construction details of proposed im provements shall be included in the 95% Plans.
4.1.2 Provide technical specifications.
4.1.3 Provide modified sections to City standard specifications to suit Project.
Modified sections include, but not be limited to, general information, summary of work, measurement, and payment for bid items, permitting and agency regulatory requirements, etc.
4.2 Prepare an updated engine ering cost estimate.
4.3 Prepare an updated Project schedule.
4.4 Meet with City staff, as needed, to re view City comments on 95% submittal and gain concurrence as to how the document s will be revised as appropriate to incorporate City comments.
4.5 Plan, coordinate, schedule, attend meet ings, and produce meeting minutes with action items for all meetings with Cit y as deemed necessary to efficiently complete this phase of the design in a timely manner.
4.6 Provide written response matrix to City’s comments on 65% PS&E.
4.7 Conduct a quality control (QC) re view of design documents (Plans, Specifications, and Engineer’s Cost Es timates). Consultant’s peer review representative shall independently review the project for completeness and work with his/her project team to rectify all design deficienc ies prior to submitting the project package to the City for comments. Consultant shall provide records of the peer review and comments that were addr essed. The records shall include the name of peer review repr esentative, team members involved, and signature of the project manager.
4.8 Provide required information to City’s Project Specific Specification Book (Division 0, 1, and 2). Requ ired information from Consultant for City’s front-end Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 15
specifications shall include, but not be limited to, the following:
4.8.1 Description of work – summary only.
4.8.2 Type of Contractor’s License required.
4.8.3 Construction Duration for substantial completion and final completion
4.8.4 Bid schedule without engineer’s estimate in Microsoft Excel spreadsheet.
4.8.5 Bid schedule with engineer’s estima te in Microsoft Excel spreadsheet.
4.8.6 Requirements for Cont ractor’s Statement of Qualifications (e.g., experience requirements for similar work and contract values).
4.8.7 Identification of any changes to City’s Standar d Specifications that are required.
Task 4 Meetings:
1. Up to five (5) meetings.
Task 4 Deliverables – Electronic format:
1. 95% Plans – One (1) PD F and one (1) AutoCAD file
2. 95% Specifications – One (1) PDF and one (1) Microsoft Word file
3. 95% Engineering cost estimate – One (1) PDF and one (1) Microsoft Excel file
4. Updated Project schedule – One (1) PD F and one (1) Microsoft Project file
5. Meeting minutes – One (1) PD F and one (1) Microsoft Word file
6. Quality control checklist for 95% design submittal
7. Written response matrix – One (1) PDF and one (1) Microsoft Word or Excel file
8. Required information to City’s Project Specific Specification Book
9. QA/QC records and peer review records
TASK 5: 100% CONSTRUCTION DOCUMENTS
Based on City’s comments and direction on the 95% PS&E, Consultant shall revise the 95% PS&E to produce 100% PS&E. Consultant shall:
5.1 Prepare 100% construction documents and supporting documents.
5.1.1 Phase percentage statement such as “100% Plans. Not for Construction” shall be removed from the 100% Plans and each sheet of the plans set shall be stamped and signed by Consul tant’s Engineer of appropriate discipline.
5.1.2 Specifications s hall be stamped and signed (on Document 00030 – Seals) by Consultant’s Engineer in Responsible Charge.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 16
5.2 Prepare an updated E ngineering Cost Estimate with backup and justifications for pricing.
5.3 Prepare an updated Project Schedule.
5.4 Provide Documents for City’s PS&E approval process. Required documents are, but are not limited to, engineer’s estimate using the schedule of quantities format, recent similar project bid summaries to validate engineer’s estimate, Consultant Peer Review Certification, Consult ant Lessons Learned fr om other similar projects that were applied to Project.
5.5 Conduct a quality control (QC) re view of design documents (Plans, Specifications, and Engineer’s Cost Es timates). Consultant’s peer review representative shall independently review the project for completeness and work with his/her project team to rectify all design deficienc ies prior to submitting the project package to the City for comments. Consultant shall provide records of the peer review and comments that were addr essed. The records shall include the name of peer review repr esentative, team members involved, and signature of the project manager.
5.6 100% PS&E shall be peer reviewed, and Ce rtification of Peer Review shall be submitted with the 100% Submittal.
5.6.1 A statement to indicate Peer Review has been performed and name, signature, and title of the Engineer who performed it shall be added to the Plans Cover Sheet.
5.6.2 Certification of P eer Review: The following paragraph shall be put on the company letter head, dated, and signed by the Peer Review Engineer. “The undersigned hereby certifies that a professional peer review of these plans and the required designs was conducted by me, a professional engineer with expertise and experience in the appropriate fields of engineering equal to or gr eater than the E ngineer of Record, and that appropriate corrections have been made.”
5.7 Prepare and submit a Special Inspection Form for Project, if applicable.
5.8 Meet with City st aff as needed to review City comments on 100% submittal and gain concurrence as to how the docum ents will be revised as appropriate to incorporate City comments.
5.9 Plan, coordinate, schedule, attend meet ings, and produce meeting minutes with action items for all meetings with Cit y as deemed necessary to efficiently complete this phase of the design in a timely manner.
5.10 Provide written response matrix to City’s comments on 95% PS&E.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 17
5.11 Provide list of potential bidders including company name, email address, contact number, and address of business.
5.12 The City shall review the 100% Design Submittal Package (Plans, Specifications, Engineer’s cost estimate, and Project bid and construction schedule) to ensure that all comments and issues have been rectified. After the 100% Design Submittal Package has been deemed acceptable, City staff will then submit the 100% Design Submittal Package to the Building Division and Fire Department for review and approval.
Task 5 Meetings:
1. Up to four (4) meetings.
Task 5 Deliverables – Electronic format:
1. 100% Plans – One (1) PD F and one (1) AutoCAD file
2. 100% Specifications – one (1) PD F and one (1) Microsoft Word file
3. Structural Calculations if required – One (1) PDF
4. Certification of Peer Review – One (1) PDF
5. 100% Engineering Cost Estimate – One (1) PDF and one (1) Microsoft Excel file
6. Updated Project Schedule – One (1) PD F and one (1) Microsoft Project file
7. Certification of Peer Review – One (1) PDF
8. Quality control checklist for 100% design submittal
9. Written response matrix – One (1) PDF and one (1) Microsoft Word or Excel file
10. QA/QC records and peer review records
TASK 6: BID DOCUMENTS
The Bid Documents shall incorporate all comments from City including comments from Public Works, Sewer and Water, SVP, and any other stakeholders that are involved in Project. Based on City’s comments and direction on the 100% PS&E, Consultant shall revise the 100% PS&E to produce the Bid Documents. Consultant shall:
6.1 Incorporate City review comments of 100% PS&E into Bid Documents.
6.2 Incorporate permit issuers’ comment s into P&S and coordinate with permitting departments and agencies to obtain acceptance of permit application package.
Consultant shall make sure to addre ss all comments from the permit issuer.
Noted that the project cannot move forward with Bid Documents without resolving any comments from the permit issuer.
6.3 Prepare Bid Documents (P&S).
6.3.1 Bid Plans shall be wet stamped and signed by Consultant’s Engineer of appropriate discipline. Plans shall be drawn to scale and plotted onto D- Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 18
size sheets.
6.3.2 Bid Specifications shall be we t stamped and signed (on Document 00030 – Seal) by Consultant’s Project Engineer.
6.3.3 Final Engineer’s Estimate
6.4 Plan, coordinate, schedule, attend meet ings, and produce meeting minutes with action items for all meetings with Cit y as deemed necessary to efficiently complete this phase of the design in a timely manner.
6.5 Conduct a quality control (QC) re view of design documents (Plans, Specifications, and Engineer’s Cost Es timates). Consultant’s peer review representative shall independently review the project for completeness and work with his/her project team to rectify all design deficiencies prior to submitting the project package to the City for comments. Consultant shall provide records of the peer review and comments that were addressed. The records shall include the name of peer review representative, t eam members involved, and signature of the project manager.
Task 6 Meetings:
1. One (1) meeting maximum.
Task 6 Deliverables – Electronic and hard copy format:
1. Bid Plans – One (1) PDF of wet-signed/ stamped, D-size and one (1) AutoCAD file
2. Bid Specifications – One (1) PDF of wet-signed/stamped, A-size and one (1) Word file
3. Bid Engineering Cost Estimate – O ne (1) PDF and one (1) Microsoft Excel file
4. Written response matrix – One (1) PDF and one (1) Microsoft Word or Excel file
5. Quality control checklist for bit set submittal
6. QA/QC records and peer review records
TASK 7: BID AND AWARD PHASE ASSISTANCE
Consultant shall provide assistance to City during the bidding and award phase, answer questions from bidders, help and prepare exhibits for addenda when necessary, assist City in evaluation of bids received, and provide a written recommendation for the award of contract, when requested. All services completed within this task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing services.
Upon request, Consultant shall:
7.1 Attend and conduct one Pre-Bid Conference/Site Visit.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 19
7.2 Assist City with responses to bidder’s inquiries through City’s Project Manager.
Consultant shall respond to bidder’s inquires and/or addendums within 48 hours of receiving directions from City.
7.3 Assist City with addenda to the construction documents as needed to respond to bidder’s inquiries and clarify the intent of bid documents.
7.4 Assist City in evaluating bids (if required by City).
7.5 Within fourteen (14) days from the bid opening date, prepare and submit a conformed set of contract documents (P lans and Specifications) incorporating any and all addenda (if needed).
7.6 Prepare bid summary that includes bi d costs from all bidders and engineer’s estimates. Consultant shall perfor m detailed QA/QC and provide the bid summary to the City within 3 calendar days from bid opening date.
Task 7 Meetings:
1. One (1) meeting.
Task 7 Deliverables – Electronic format:
1. Written response to bidder’s inquiries, if needed – Signed PDF
2. Addenda to the Bid Docu ments, if needed – Signed PDF
3. Written recommendation lette r to award of contract for Project, if needed – Signed PDF
4. Conformed Set, if needed – One (1) PDF of Plans and Specifications, one (1) AutoCAD file of Plans, and one (1) Microsoft Word file of Specifications
TASK 8: CONSTRUCTION PHASE ASSISTANCE
The City’s Field Services Div ision will have primary responsibility for construction management and inspection. Consultant’s responsibility to provide basic services for the construction phase under this Agr eement commences with the award of construction contract and terminates on the date City approves the notice of completion of Project. All services co mpleted within this Task shall be on an as- needed basis and shall be specifically requested by City in writing prior to Consultant providing services.
The amounts included in the Schedule of Fees are based upon the Consultant’s experience and judgment of the services anticipated to become provided for the Project by Consultant based on the Baseline Solution.
Upon request, Consultant shall:
8.1 Consultant will assist City in provid ing administration of the contract for Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 20
construction. Duties, responsibilities and limitations of authority of Consultant shall not be restricted, modified, or extended without written agreement of City.
8.2 Consultant shall attend the Pre-Construction meeting.
8.3 Consultant shall plan for thirty-two (32) construction site visits. During these site visits, Consultant shall attend job progr ess meetings, pre-submittal meetings, pre-installation meetings, and other meetings as required by City. Consultant’s Subconsultants shall visit the site as required when work related to their discipline is in progress. Consultants shall make construction observation visits throughout the construction phase. Consultant shall issue an observation report after each visit.
8.4 Consultant shall attend weekly constructi on meetings (for the entire construction duration, which is assumed to be 18 m onths. Consultant will be required to support City with various construction questions and concerns and provide timely response.
8.5 Submittals: The Consultant shall revi ew Contractor submittals, including Shop Drawings, Product Data, and Samples, so lely for the limited purpose of checking conformance with the information and design intent expressed in the Contract Documents. The Consultant shall act with reasonable promptness so as not to delay the Work, while allowin g sufficient time, in the Consultant’s judgment, for adequate review unless otherwise agreed.
Submittals identified as critical to the Workflow on the Contractor’s critical path construction and submittal schedules, and mutually identified by the Consultant, Construction Manager, and C ontractor, shall be prioritized for review. The Consultant shall endeavor to return such submittals within ten (10) working days of receipt; however, additi onal time may be required for large, complex, or subconsultant-coordinated submittals. Submittals not identified as critical path items may be reviewed after critical path submittals.
The Consultant’s review is not conducted for the purpose of determining the accuracy or completeness of dimensions , quantities, installation instructions, construction means, methods, techniques, sequences, procedures, safety precautions, or Contractor-designed systems, all of which remain the Contractor’s responsibility to the extent required by the Contract Documents.
Review of a specific item shall not constitute approval of an assembly of which the item is a component.
Where professional certific ation of performance charac teristics is required by the Contract Documents, t he Consultant may rely upon such certifications as evidence that the materials, system s, or equipment m eet the specified performance criteria.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 21
8.6 Request for Information (RFIs): The C onsultant shall respond to Contractor’s Requests for Information (RFI ). Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, t he Consultant shall secure faithful performance by both City and Contractor, shall not show partiality to either, and shall not be liable for results of interpreta tions or decisions so rendered in good faith. Consultant will target a maximum of fourteen (14) calendar days to respond but will endeavor to respond pr omptly where possible to allow for the orderly progress of construction. Large/complicated RFIs will be reviewed with all parties (Contractor, Subcontractor, Consultant, Subconsultants and City) to establish a deadline. RFIs mutually determined at the construction meetings to be non- critical will be reviewed and returned in a timely fashion after RFIs determined to be critical have been responded to.
8.7 Consultant shall pre pare the Scope of Work, including sketches, for Field Instructions issued to the Contractor. When requested by City, Consultant shall review Change Order (CO) pricing and pr ovide written responses for City’s review and finalizing said Cos.
8.8 When requested by City, Consultant shall conduct reviews to assist City to determine the date or dates of Substantial Comple tion and the date of Final Completion. Consultant’s decisions wit h City approval on matters relating to aesthetic effect may be final if consistent with the intent expressed in the Contract Documents.
8.9 Substitutions: The Consultant shall review proposed substitutions for general conformance with the design intent and requirements of the Contract Documents and provide a recommendation to the City regarding acceptance or rejection. As part of the initial review, the Consultant shall advise the City’s Project Manager whether the substitution requires deta iled evaluation and, if so, provide an estimated fee and schedule for such review.
The Consultant’s Basic Services fee includes review of up to ten (10) substitution requests. Additional substitution reviews may constitute Additional Services and shall require prior writt en authorization from the Cit y’s Project Manager before commencement of detailed review services.
Detailed review of substitutions may include evaluation of architectural, engineering, code, operat ional, schedule, durability, and coordination impacts associated with the proposed substitution. Any additional time and compensation for such services shall be determined on a case-by-case basis and authorized by the City prior to proceeding.
8.10 Upon request by Contractor, in acco rdance with contract Specifications, for Substantial Completion and later Final Comp letion, Consultant shall assist City in determining if Project is ready for the stage of completion requested by the Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 22
Contractor. Consultant shall provide City with a written recommendation.
8.11 Consultant shall perform a walk-through of Project site, review Contractor Punch List, and provide written response with st atus and action of items on the Punch List. Consultant shall attend final walk-t hrough of Project site with City, verify Punch List completion, and provide written response with recommendation regarding Project acceptance and close-out.
8.12 Consultant shall review Contra ctor-supplied Operation and Maintenance manuals and Warranties to determine thei r completeness and compliance with Construction Contract and provide written recommendations for acceptance.
Task 8 Meetings:
1. Pre-Construction Meeting: One (1)
2. Bi-weekly construction site visits to attend job progress meetings, pre-submittal meetings, pre-installation meetings: Up to thirty-two (32) in person.
3. Construction progress meetings: Up to sixt y-four (64) total, including up to thirty- two (32) in person.
Task 8 Deliverables – Electronic and hard copy format:
1. Signed PDFs of Reviewed Contractor Submittals, Shop Drawings, RFIs, RFSs, and Field Instructions
2. Signed PDFs of COs’ recommendations
3. Signed PDFs of Field reports by Consultant and Subconsultants
4. Substantial Completion/Final Comp letion recommendations and Reviewed Punch List – One (1) signed PDF
TASK 9: POST-CONSTRUCTION PHASE
All services completed within this Task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing services.
If requested, Consultant shall:
9.1 Provide a complete set of the Record Drawings and all X-ref files “bound,” including other associated fonts, plot style files on AutoCAD, including electronic copies in PDF format. Consultant may, at its own expense, prepare and retain a copy of each drawing for its permanent file.
9.2 At the City’s discr etion, the City may consider r ed-lined drawings prepared by Contractor or prepared by City to serve as the Record Drawings for the project and in such case, Consultant shall revi ew the red-lined drawings for accuracy based upon Consultant’s knowledge of the construction.
Task 9 Deliverables – Electronic and hard copy format:
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 23
1. Record Drawings – One (1) PDF file and one (1) AutoCAD file
TASK 10: FURNITURE, FIXTURES + EQUIPTMENT (FF+E), AND SIGNAGE
The Consultant will develop the furniture and signage procurement packages.
10.1 Furniture:
10.1.1 The Consultant shall work with t he City to set the furniture budget, to develop furniture concepts, and select furniture and finishes that enhance the architectural design c oncepts and meet the program goals. The furniture package will be developed to facilitate procurement of the FF+E through established pre- negotiated contracts available to the City.
10.1.2 Based on directions given by the City, the Consultant shall provide the following procurement services for furniture.
10.1.2.1 The Consultant sha ll prepare furniture plans and specifications to identify sele cted furniture, finishes and quantities.
10.1.2.2 The Consultant shall assi st the City in preparing purchase details. The City will be responsible for preparing and processing purchase orders.
10.2 Signage:
10.2.1 The Consultant shall work with the City to develop design concepts for center signage and branding. Signage will include graphic “wayfinding” signage that enhances usability and cust omer experience, as well as building, room, donor, and code-required signage.
10.2.2 The Consultant s hall prepare signage concepts for review with the City and integrate the code-required signag e design into the Construction Documents. The non-code wayfinding signs may be developed as one (1) separate signage package that can be publicly bid.
10.2.3 Based on directions given by the City, the Consultant shall provide the following procurement services for signage.
10.2.3.1 The Consultant shall pr epare Design Intent documents consisting of illustrative diagrams, worksheets and/or
specifications.
10.2.3.2 The Consultant will assist the City in preparing purchase details. The City will be resp onsible for preparing and processing purchase orders.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 24
10.2.3.3 The Consultant shall review shop drawings and material samples.
10.3 The Consultant shall prov ide the following installation services for furniture and signage.
10.3.1 The Consultant will attend one (1) signage pre-installation walk through with the signage contractor.
10.3.2 The Consultant will provide up to two (2) consecutive days to observe furniture installation.
10.3.3 The Consultant s hall prepare a punch list of outstanding furniture or signage installation issues.
10.4 The meetings for the FF+E work and the Signage work will be concurrent with all other project meetings and completed with Tasks 1-8.
10.5 City Responsibilities
10.5.1 The City shall provide a detai led inventory/quantities of current furniture to be reused with dimensions and finishes identified.
10.5.2 The City shall provide a detailed inventory/quantities and specifications of Owner Furnis hed Contractor Installed (OFCI) equipment and/or Owner Furnis hed Owner Installed (OFOI) Equipment which requires coor dination with other trades and provides desired installation locations.
10.5.3 The City shall give the Consulta nt directions on furniture selection and finishes.
10.5.4 The City shall give the Consultant design directions for the signage, and provide any standard specificati on details, vector files of City logo, graphics and verbiage (i.e. r oom names) to be used on the signs.
10.5.5 The City shall prepare purchas e details and prepare and process purchase orders for the procurement of the furniture.
10.5.6 For the signage package, the City shall be responsible for:
10.5.6.1 Prequalification of bidders, or evaluation of bidders such as reference checks if desired.
10.5.6.2 Advertisement of bid.
10.5.6.3 Printing of bid sets.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 25
10.5.6.4 Collection and review of bids.
10.5.6.5 Contract award.
Task 10 Meetings:
1. The meetings for the FF+E work and the Signage work will be concurrent with all other project meetings and completed with Tasks 1-8.
Task 10 Deliverables– Electronic and hard copy format:
1. FF&E Options and Procurement package.
2. Signage Options and Procurement/bid package.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 26
IV. OPTIONAL SERVICES:
Optional Services are defined as Services that have been mutually contemplated by City and Consultant as potentially becoming necessa ry to meet the Pr oject Objective and within the Baseline Solution, but the perform ance of Services by Consultant will be determined by City during the course of Servic es. Optional Services are further defined as having a specific scope of Services with a ssociated fees provided in the Schedule of Fees.
Consultant shall proceed with Optional Se rvices only upon written authorization to proceed by City and shall only be invoiced if agreed by City and Consultant in writing prior to performing Services.
Fees for Optional Services shall be considered as a subset of the fees for Basic Scope of Services as described in the Schedule of Fees.
At the request of the City, Consultant shall provide a detail work plan to the City for review and approval as part of the authorization process of each Optional Task.
1.1 Optional Task 1: Utility Potholing
1.1.1 The Consultant shall perform ut ility potholing to locate underground utility lines or to confirm any conf licts with the existing utilities.
Potholing is assumed to be no more than 6’-0” deep.
1.1.1.1 Identify the locations of potholes.
1.1.1.2 Confirm the loca tions with the City.
1.1.1.3 Potholing sub-Cont ractor shall obtain no-fee
encroachment permit prior to excavation.
1.1.1.4 The sub-Contractor sha ll provide traffic control plan and comply with City potholing requirements.
1.1.1.5 Resolve conflicts if any are found.
1.1.2 The Schedule of Fees includ ed in Attachment B is a budget allowance established by Consultant. Prior to performing any Services under this Task, Consul tant shall provide a written quotation outlining the specific serv ices and fees to be completed under this Task. Final fees will be determined by City in coordination with the specific services to be performed under this optional task.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 27
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GROUP 4 ARCHITECTURE, RESEARCH AND PLANNING
FOR THE
INTERNATIONAL SWIM CENTER REHABILITATION PHASE 2 PROJECT
EXHIBIT B
SCHEDULE OF FEES
I. GENERAL PAYMENT
The total payment to the Consultant for Basic Services, including Optional Services, as stated in Exhibit A, Scope of Services, shall not exceed the sum of $2,700,980.00. The amount billed to City for Additional Services shall not exceed the sum of $405,147. In no event shall the amount billed to City by Consultant for Services under this Agreement exceed $3,106,127
Consultant shall bill City on a monthly basis based on the Services provided by Consultant during the invoice period and in a format approved by City and subject to verification and approval by City. Billing shall be proportionate to the Services performed and deliverables completed for each Task during the invoice period. The invoice shall describe the Task completed, percentage of Services and deliverables completed by Task, and total invoice amount during the invoice period. The invoice shall also show the total to be paid for the invoice period. City will pay Consultant within thirty (30) days of City’s receipt of an approved invoice. All invoices shall provide a written description of Services performed during the invoice period, deliverables completed, and progress to date on Tasks being invoiced in order to support the amount invoiced.
Subconsultant(s) invoice(s) pass-through bi lled through Consultant to City shall be consistent with the terms contained within this Agreement. Consultant shall be responsible for ensuring conformance of each subconsultant invoice with these terms, including the fees allocated for each Task, prior to billing City.
II. BASIC SERVICES
The total payment to Consultant for all work necessary for performing all Tasks, as stated in Exhibit A, shall be in proportion to Services rendered and Fixed Fee not-to-exceed basis.
The Consultant fee allocated to each Task, as shown in the table that follows, shall be the Consultant’s full compensation for all the Consultant Services required for the Project and by this Agreement, as directed by the City, and no additional compensation shall be allowed. City may reallocate fees amongst Tasks or to or from Additional Services or Optional Services at the City’s sole discretion. The Consultant shall bill for services provided Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 28
under the appropriate Task and will not be allowed to c harge to future or inactive Tasks unless approved in writing by City. The Consultant shall provide a summary of dates and hours charged per date by individual, and individual timesheets, if requested by City. The hours and amounts charged to each Task shall be proportionate to the Services rendered.
Tasks denoted as Optional Tasks, as stated in Exhibit A, and the table that follows, require pre-approval in writing by City prior to performing any Services under the Task. Payment for any Optional Task is allowed only if written authorization is given by the City in advance of the Services to be provided. Fees for Optional Tasks shall be considered as Basic Services.
The total amount of all the Tasks is a not-to-exceed amount. Figures in the table that follows table include all subconsultant fees, profit, and administrative markups. The following table is a summary of the Tasks based upon the negotiated Cost Proposal, submitted by Group 4 Architecture, Research and Planning April 9, 2026 and agreed by Cit y and Consultant, incorporated herein to this Exhibit B by reference.
Cost Proposal Summary:
Description Amount
Services
Task 1 Preliminary De sign $ 304,106.00
Task 2 Community Outreach and meetings $ 76,123.00
Task 3 65% Construction Documents $ 451,799.00
Task 4 95% Construction Documents $ 507,397.00
Task 5 100% Construction Documents $ 340,012.00
Task 6 Bid Documents $ 201,728.00
Task 7 Bid Support Assistance $ 99,524.00
Task 8 Construction Support $ 562,287.00
Task 9 Record Drawings and Proj ect Close-out $ 54,324.00 Task 10 Furniture, Fixt ures + Equipment, and
Signage
$ 50,000.00
Subtotal $ 2,647,299.00
Optional Services
Optional Task 1: Utility Potholing (T+M Allowance) $ 53,680.00 Subtotal $ 53,680.00
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 29
In no event shall the amount billed to City by Consultant for Basic Services, Optional Services, and Reimbursable Expenses under this Agreement exceed two million seven hundred thousand nine hundred eighty Dollars ($2,700,980).
III. ADDITIONAL SERVICES
Additional Services consists of work not included in the Scope of Services described within this Agreement. Additional Services shall be billed to City at the fixed hourly rates shown below in Section V, RATE SCHEDULE, or at an agreed negotia ted price. Billing and payment for Additional Services shall be c onsistent with the terms set forth in this Agreement. Billing and payment for any Addition al Services is allowed only if written authorization is given by the City Engineer in advance of the work to be performed.
IV. PAYMENT PROVISIONS
4.1 Time and Materials
For Services authorized to be paid on a time and materials basis, Consultant shall provide an invoice to the City on a monthly basis for Services completed in the preceding month. The invoice must include the following information:
4.1.1 Invoice Number, Purchase Order Number, and Invoice Period.
4.1.2 Current amount due with a time and materials breakdown: titles, hours, hourly rates, and any City approved reimbursable expenses itemized with supporting documentation.
4.1.3 Sufficient detail for City to verify (a) that the charges are in accordance with the Purchase Order, (b) that rates listed in Appendix B1 are charged, and (c) where applicable, hours worked can be matched to certified payroll submittals.
4.2 Fixed Price
For Services authorized to be paid on a fixed price basis, Consultant shall base the invoice on either (a) the percentage of Services completed during the previous month or (b) a lump sum amount upon the completion of deliverable(s) and subject to the following:
4.2.1 Invoices must include the following information:
4.2.1.1 Invoice Number, Purchase Order Number, and Invoice Period.
4.2.1.2 Detailed information on the Services performed on each deliverable or task completed on each project, as applicable.
4.2.2 Consultant shall not invoice labor costs subject to prevailing wages in advance of performing the applicable Services.
Total $2,700,980.00
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 30
4.2.3 With regard to milestone payments, Consultant shall invoice each milestone payment in full. Consultant shall not separate milestone payments into multiple invoices.
4.3 Consultant is not entitled to any payments until the City concludes that the Services and/or any furnished deliverables have been satisfactorily performed.
4.4 When applicable, Consultant and all subconsultants shall submit certified payroll records for all workers employed in the performance of the Services. All certified payrolls shall be submitted in accordance with the requirements set forth in Exhibit D (Labor Compliance).
4.5 Invoices shall be accurate, itemized, and submitted in a form acceptable to the City. If an invoice is incomplete or inaccurate, the City may return it to Consultant for correction and resubmittal before payment can be processed. Consultant shall not charge the City any interest, late fees, or penalties on any outstanding or delayed invoices due to inaccurate billing.
4.6 The City shall not pay for time associated with administrative or billing-related tasks, including but not limited to preparing responses to Work Requests, addressing billing issues, or communicating with auditors.
4.7 If there are no discrepancies or deficiencies in the submitted invoice and Consultant has submitted all required certified payroll, City shall process the invoice for payment.
4.8 Invoices and related payment documentation are public records and are not confidential, even if marked as confidential when submitted by Consultant.
V. RATE SCHEDULE
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the Project.
Rates by classification for Consultant and Subconsultants follow below (‘Rate Sheets’) and shall be fixed through December 31, 2026. Any classifications added, or employees changing classifications, are subject to approval in writing by City.
Any discrepancy between the terms listed herein this Exhibit B and the Rate Sheets that follow shall be resolved in favor of the terms listed herein this Exhibit B.
After December 31, 2026, ra tes may be adjusted as describ ed herein. Consultant shall propose any adjusted rates in writing for City’s consideration and acceptance in writing.
Adjusted rates shall be no more than the percentage of difference between the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers for the San Francisco- Oakland-Hayward, CA, area between the effective date of this Agreement and the CPI as may be available and nearest to and in advance of the month in which the adjustment is Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 31
contemplated and shall be capped at a maxi mum of three percent (3%) for each adjustment. Rates changed by calculation sha ll be rounded to the nearest whole dollar.
Only one adjustment is allowed per annum.
Consultant understands and agr ees that adjustments to rates does not cause an adjustment in the Fees established fo r Tasks or adjustment to the maximum compensation under this agreement. Consultant shall be required to provide the full services as described in Exhibit A in accordance with the Fees established in this Exhibit B, regardless of adjustments to rates.
Consultant will bill subconsultants at actual cost plus a maximum allowable markup of ten percent (10%). Subconsultants will bill at actual cost for any further tiered subconsultants or subcontractors at cost plus allowable markup of ten percent (10%), or as shown on the following Rates Sheets, whichever is less. In no case shall any pass-through markups billed to City exceed twenty-five percent (25%) more than the original cost.
It is expressly understood that this Project is subject to prevailing wages, in conformance with Exhibit D, Labor Compliance Addendum.
(Rate Sheets on Following Pages)
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 32
Primary Consultant – GROUP 4 ARCHITECTURE, RESEARCH AND PLANNING:
SCHEDULE OF PROFESSIONAL SERVICES
Effective through December 31, 2026
Hourly Rate
Principal in Charge $290.00
Principal $280.00
Associate $270.00
Project Manager / Senior Architectural Staff $240.00
Architect III $220.00
Architect II $210.00
Architect I $205.00
Architectural Staff III $195.00
Architectural Staff II $180.00
Architectural Staff I $170.00
Interior Designer III / Planner III $195.00
Interior Designer II / Planner II $180.00
Interior Designer I / Planner I $170.00
Admin / Project Support $145.00-$275.00
Consulting Principal $350.00
Subconsultants to the Consultant will be billed at 1.10 times direct cost.
The above-listed rates are adjusted annually. The next adjustment will be January 1, 2027.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 33
Subconsultant Billing Rates:
RATE SCHEDULE
EFFE C TIVE THR OUGH
DE CEMBER 2026
I. HOURLY FEES
HOURLY FEES FOR SERVICES OF: RATE PER HOUR:
Partner $240.00 - $255.00
Principal $225.00 - $240.00
Associate Principal $210.00 - $225.00
Senior Associate $190.00 - $210.00
Job Captain $170.00 - $190.00
Planner $170.00 - $190.00
Sr. Irrigation Designer $205.00 - $215.00
Community Outreach Facilitator $190.00 - $210.00
Marketing Coordinator $140.00 - $200.00
Administrative/Drafter $160.00 - $180.00
Hourly rates may be adjusted annually and shall apply for any services rendered after that date. These adjustments are not limited to the rate per hour ranges listed above, and will not affect the total amount of compensation for services.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 34
A. 2025-2026 HOURLY RATES FOR ENGINEERING SERVICES RATE Principal ....................................................................................................................$ 210.00 Engineer V ................................................................................................................$ 160.00 Engineer IV ...............................................................................................................$ 145.00 Engineer III ................................................................................................................$ 130.00 Engineer II ................................................................................................................$ 1 20.00 Engineer I .................................................................................................................$ 1 10.00 Senior Energy Modeler ............................................................................................ $ 125.00 Energy Modeler ........................................................................................................ $ 100.00 Senior CAD/BIM .......................................................................................................$ 120.00 CAD/BIM .................................................................................................................... $ 85.00 Administration ........................................................................................................... $ 75.00 These rates are valid through December 31, 2026
Blue Forest Engineering
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 35
BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE 2025-2026
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal in Charge $333.00
Senior Project Executive $309.00
Project Executive $301.00
Senior Project Manager | Senior Technical Manage r $292.00 Project Manager | Technical Manage r $287.00
Engineering Manager | Surveying Manager | Planning Manager $264.00
TECHNICAL STAFF
Senior Project Engineer | Senior Proj ect Surveyor | Senior Project Planner $245.00 Project Engineer | Project Surveyor | Project Planner $215.00 Design Engineer | Staff Surveyor | Staff Planner $188.00 BIM Specialist I, II, III $188.00 - $215.00 - $245.00
Technician I, II, III, IV, V $179.00 - $190.00 - $208.00 - $224.00 - $242.00 Drafter I, II, III, IV $140.00 - $153.00 - $166.00 - $184.00 Engineering Assistant | Surveying Assistant | Planning Assistant $117.00
FIELD SURVEYING
Survey Party Chief $245.00
Instrument Person $210.00
Survey Chainperson $158.00
Utility Locator I, II, III, IV $128.00 - $181.00 - $217.00 - $247.00 Apprentice I, II, III, IV $97.00 - $130.00 - $144.00 - $152.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $320.00
Senior Construction Administrator $279.00
Resident Engineer $207.00
Field Engineer I, II, III, IV $188.00 - $215.00 - $245.00 - $263.00
FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $229.00
Funding Strategies Manager $210.00
Funding/Research Analyst I, II, III, IV $144.00 - $166.00 - $176.00 - $194.00
PROJECT ADMINISTRATION
Project Coordinator $156.00
Senior Project Assistant $134.00
Project Assistant $119.00
Clerical | Administrative Assistant $100.00
Expert witness rates are available upon request.
Subject to the terms of a services agreement:
• The rates shown are subject to periodic increases, including January 1st of each year Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 36
DEGENKOLB HOURLY RATE SCHEDULE
2026
Design Compensation Schedule
Bay Area Region
The following hourly rates are applicable as of January 1, 2026, and are subject to change upon notification:
T i t l e R a t e
Senior Principal
Principal
Senior Associate
Associate Principal
Associate
Senior Project Manager
Forensics Operations Manager
Project Manager
Senior Engineer
Design Engineer
Designer 3
Designer 2
Designer 1
Assistant Designer 2
Assistant Designer 1
Engineering Technician II
Engineering Technician I
Project Coordinator
BIM Manager
Senior BIM Specialist
BIM Specialist
Project Analyst
Administrative Services
$370
$335
$300
$300
$270
$270
$240
$240
$240
$225
$215
$205
$180
$140
$120
$205
$160
$205
$240
$195
$160
$125
$105
Degenkolb Engineers | Santa Clara International Swim Center 4
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 37
HOURLY BILLING RATE SCHEDULE
2026
Founding Principal $285/hour
Principal $265/hour
Project Manager $185/hour
Project Electrical Engineer $185/hour
Project Lighting Designer $185/hour
Electrical/Lighting Designer $160/hour
CAD Supervisor $135/hour
CAD Technician $125/hour
Administrative $120/hour
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 38
Hourly Rates - 2025/2026
Principal Consultants/Engineers: $220.00 per hour
Associates/Senior Engineers: $190.00 per hour
Project Engineers: $175.00 per hour
Staff Engineers: $160.00 per hour
BIM/CAD Drafting: $120.00 per hour
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 39
0F
CHARGE RATE SCHEDULE1
Title Hourly Rate
Senior Principal $ 361.00
Principal Project Manager $ 332.00
Senior Environmental Specialist $ 282.00
Senior Project Manager $ 259.00
Environmental Specialist $ 242.00
Project Manager $ 231.00
Associate Project Manager $203.00
Assistant Project Manager $170.00
Researcher $146.00
Graphic Artist $136.00
Materials, outside services and subconsultants include a 15% administration fee.
1 David J. Powers & Associates, Inc. (DJP&A) provides regular, clear, and accurate invoices, in accordance with normal company billing procedures. The cost estimate prepared for this project does not include special accounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique statements or invoices. If a special invoice or ac counting process is requested, the service can be provided on a time and materials basis. Any fees charged to DJP&A for Client’s third-party services related to invoicing, insurance certificate maintenance, or other administrative functions will be billed as a reimbursable expense.
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 40
Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist.............................................. $ 250 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 235 Senior Project Engineer/Geologist/Environmental Scientist ................................................................................... $ 220 Project Engineer/Geologist/Environmental Scientist............................................................................................... $ 210 Senior Staff Engineer/Geologist/Environmental Scientist....................................................................................... $ 200 Staff Engineer/Geologist/Environmental Scientist................................................................................................... $ 180 GIS Analyst .............................................................................................................................................................. $ 160 Technical Illustrator/CAD Operator.......................................................................................................................... $ 140 Field Staff
Certified Asbestos/Lead Technician........................................................................................................................ $ 220 Field Operations Manager ....................................................................................................................................... $ 150 Nondestructive Examination Technician (UT, MT, LP)........................................................................................... $ 145 Supervisory Technician ........................................................................................................................................... $ 140 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) ............................................ $ 135 Senior Technician .................................................................................................................................................... $ 135 Technician................................................................................................................................................................ $ 130 Administrative Staff
Information Specialist .............................................................................................................................................. $ 120 Geotechnical/Environmental/Laboratory Assistant ................................................................................................. $ 120 Data Processor ........................................................................................................................................................ $ 95 Other Charges
Concrete Coring Equipment (includes technician).............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment................................................................................................................................................... $ 180/hr State of California Prevailing Wage Surcharge................................................................................................... $ 30/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer)............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 15/hr X-Ray Fluorescence............................................................................................................................................ $ 70/hr PID/FID ................................................................................................................................................................ $ 25/hr Air Sampling Pump.............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Equipment $ 15/hr
Expert Witness Testimony................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.
Notes
Our field services, are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours. Overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.
Field services that may be subject to prevailing wage in accordance with AB 1768 and Prevailing Wage Determinations, will be subject to a prevailing wage surcharge as shown in our Schedule of Fees. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.
The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.
NINYO & MOORE, A SOCOTEC COMPANY
City of Santa Clara, International Swim Center Rehabilitation Phase 2 Project | 08-03543 | February 5, 2026
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 41
Schedule of Fees for Laboratory Testing
SOILS CONCRETE
Atterberg Limits, D 4318, CT 204 ...........................................................$ 170 Compression Tests, 6x12 Cylinder, C 39 .............................................$ 35 California Bearing Ratio (CBR), D 1883..................................................$ 550 Concrete Mix Design Review, Job Spec .............................................$ 300 Chloride and Sulfate Content, CT 417 & CT 422 ..................................$ 175 Concrete Mix Design, pe r Trial Batch, 6 cylinder, ACI.....................$ 850 Consolidation, D 2435, CT 219...............................................................$ 300 Concrete Cores, Compre ssion (excludes sampling), C 42 ..............$ 120 Consolidation, Hydro-Collapse only, D 2435.........................................$ 150 Drying Shrinkage, C 157................................................................. ....$ 400 Consolidation – Time Rate, D 2435, CT 219..........................................$ 200 Flexural Test, C 78 ................................................................................$ 85 Direct Shear – Remolded, D 3080 .........................................................$ 350 Flexural Test, C 293 ..............................................................................$ 85 Direct Shear – Undisturbed, D 3080 ......................................................$ 300 Flexural Test, CT ..................................................................................$ 95 Durability Index, CT 229..........................................................................$ 175 Gunite/Shotcrete, Panels, 3 cut cores pe r panel and test, ACI.......$ 275 Expansion Index, D 4829, IBC 18-3........................................................$ 190 Lightweight Concrete Fill, Compression, C 495 .................................$ 80 Expansion Potential (Method A), D 4546.............................................$ 170 Petrographic Analysis, C 856 ....................................................... $ 2,000 Geofabric Tensile and Elongation Test, D 4632....................................$ 200 Restrained Expansion of Shrinkage Compensation .........................$ 450 Hydraulic Conductivity, D 5084..............................................................$ 350 Splitting Tensile Strength, C 496 ........................................................$ 100 Hydrometer Analysis, D 6913, CT 203...................................................$ 220 3x6 Grout, (CLSM), C 39 ......................................................................$ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils ....................$ 120 2x2x2 Non-Shrink Grout, C 109 ..........................................................$ 55 Moisture Only, D 2216, CT 226 ............................................... ..........$ 35 Moisture and Density, D 2937 ................................................. .........$ 45 ASPHALT Permeability, CH, D 2434, CT 220 ................................................ ......$ 300 Ai r Voids, T 269 ............................................................................................$ 85 pH and Resistivity, CT 643.....................................................................$ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) ................. $ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180....................$ 220 Asphalt Mix Design Review, Job Spec .......................................................$ 180
Proctor Density with Rock Correction D 1557 ....................................$ 340 Dust Proportioning, CT LP-4 ........................................................................$ 85 R-value, D 2844, CT 301 ................................................................ .......$ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382 ....................$ 250
Sand Equivalent, D 2419, CT 217................................................... ......$ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 ........................$ 150
Sieve Analysis, D 6913, CT 202.............................................................$ 145 Film Stripping, CT 302 ..................................................................................$ 120
Sieve Analysis, 200 Wash, D 1140, CT 202..........................................$ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .........................$ 225
Specific Gravity, D 854..........................................................................$ 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240
Thermal Resistivity (ASTM 5334, IEEE 442).........................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150
Triaxial Shear, C.D, D 4767, T 297 ........................................................$ 550 Moisture Content, CT 370............................................................................$ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ..........$ 450 Moisture Susceptibility and Tens ile Stress Ratio, T 238, CT 371 .... $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ................$ 350 Slurry Wet Track Abrasion, D 3910 .............................................................$ 150
Triaxial Shear, U.U., D 2850 .................................................................$ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) ...... $ 4,900 Unconfined Compression, D 2166, T 208...........................................$ 180 Superpave, Gyratory Unit Wt., T 312 ..........................................................$ 100
Superpave, Hamburg Wheel, 20,000 passes, T 324 ...................... $ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308................. ..................$ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67.......$70 Voids in Mineral Aggregate, (VMA) CT LP-2 .........................................$ 90 Brick Compression Test, C 67..............................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ...............................................$ 90 Brick Efflorescence, C 67.........................................................................$ 55 Wax Density, D 1188 .......................................................................... $ 140 Brick Modulus of Rupture, C 67........................................................ .$ 50 Brick Moisture as received, C 67........................................................$ 45 AGGREGATES Brick Saturation Coefficient, C 67...........................................................$ 60 Clay Lumps and Friable Particles, C 142 ............................................$ 180 Concrete Block Compression Test, 8x8x16, C 140 ...............................$ 70 Cleanness Value, CT 227 .....................................................................$ 180 Concrete Block Conformance Package, C 90...................................$ 500 Crushed Particles, CT 205 ...................................................................$ 175 Concrete Block Linear Shrinkage, C 426...........................................$ 200 Durability, Coarse o r Fine, CT 229......................................................$ 205 Concrete Block Unit Weight and Absorption, C 140 ....................$ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .................$ 180 Cores, Compression or Shear Bond, CA Code.....................................$ 70 Flat and Elongated Particle, D 4791 ...................................................$ 220 Masonry Grout, 3x3x6 prism compression, C 39 ...............................$ 45 Lightweight Particles, C 123 ...............................................................$ 180 Masonry Mortar, 2x2 cube compression, C 109..................................$ 35 Los Angeles Abrasion, C 131 o r C 535................................................$ 200 Masonry Prism, half size, compression, C 1019 ............................$ 120 Material Fine r than No. 200 Sieve by Washing, C 117.......................$ 90 Masonry Prism, Full size, compression, C 1019 ............................$ 200 Organic Impurities, C 40 .....................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 ... $ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260.........$ 950 Chemical Analysis, A 36, A 615........................................................$ 135 Potential Reactivity of Ag gregate (Chemical Method), C 289 .........$ 475 Fireproofing Density Test, UBC 7-6.................................................$ 90 Sand Equivalent, T 176, CT 217 .........................................................$ 125 Hardness Test, Rockwell, A 370 .................................................. $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 .................................$ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136, 145 per assembly, A 325 .........................................................................$ 150 Sodium Sulfate Soundness, C 88 .......................................................$ 450 Mechanically Spliced Reinforcing Tensile Test, ACI............................$ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 ................$ 115 Pre-Stress Strand (7 wire), A 416.........................................................$ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ....................$ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706..n..........$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .................$ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI...............$ 80 Roofing Tile Absorption, (set of 5), C 67 .................................. ........$ 250 Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 42
Roofing Tile Strength Test, (set of 5), C 67 .......................................$ 250
Special preparation of standard test specimens will be charged at the technician’s hourly rate.
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.
NINYO & MOORE, A SOCOTEC COMPANY
City of Santa Clara, International Swim Center Rehabilitation Phase 2 Project | 08-03543 | February 5, 2026
Design Professional Agreement with Group 4/Exhibit A-Scopes of Services Rev. 04-12-21 Page 43
more value, less risk
Fee Schedule 2026
2063 Grant Road
Los Altos
CA 94024
Phone 415 981-9430
[email protected]
Hourly Billing Rates for 2026
Principal
Project
Manager
Senior Estimator / MEP Estimator
Senior Project Controller / Senior Scheduler
Estimator / Scheduler / Project Controller
Assistant Estimator / Assistant Project
Controller Administrative / Technical
Support
$285 per hour
$255 per hour
$255 per hour
$255 per hour
$245 per hour
$200 per hour
$120 per hour
Project Management | Construction Cost Management
Design Professional Agreement with Group 4/Exhibit B-Schedule of Fees Rev. 04-12-21 Page 1
Kitchen Designer: $225.00
Design Professional Agreement with Group 4/Exhibit C-Insurance Requirements Page 1 Rev. 09-28-18
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GROUP 4 ARCHITECTURE, RESEARCH AND PLANNING
FOR THE
INTERNATIONAL SWIM CENTER REHABILITATION PHASE 2 PROJECT
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Consultant’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultant shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty- four (24) months fo llowing acceptance by t he City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not c ontribute to any loss under Consultant’s insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insuranc e policy which provides coverage at least as broad as Insurance Services Office (ISO) form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the cove rage shall be left to the discretion of Consultant; however, any excess or um brella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall appl y to the Commercial Liability policy as well as any umbrella policy maintained by the Consultant to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross-liability exclusion which precludes coverage for claims or suits by one insured against another; and Design Professional Agreement with Group 4/Exhibit C-Insurance Requirements Page 2 Rev. 09-28-18
c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
In the event that the Work being per formed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Consultant and/ or its sub consultants involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or ISO endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being l oaded onto, or being unloaded from a covered auto.
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by dis ease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Consultant included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensat ion or benefit payable by or for Consultant or any subconsultant under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Om issions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Consultant. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or Design Professional Agreement with Group 4/Exhibit C-Insurance Requirements Page 3 Rev. 09-28-18
two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or sim ilar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of S anta Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Consultant’s work for City, using ISO Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-cont ributing. Each insurance policy provided by Consultant shall contain language or be endorsed to contain wording making it primary insurance as respec ts to, and not requiring contribution from, any other insuranc e which the indemnities may possess, including any self-insurance or self-insured re tention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Consultant’s insurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or mo dification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or canc ellation. In the event of non- renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or mo dification of the coverage provided for any cause save and except n on-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of su ch modification or cancellation.
In the event of non-renewal, writt en notice shall be given at least thirty (30) days prior to the effective date of non-renewal.
4. Other Endorsements. Other endorse ments may be required for policies other than the commerci al general liability policy if specified in the description of required insurance set fo rth in Sections A through E of this Exhibit C, above.
Design Professional Agreement with Group 4/Exhibit C-Insurance Requirements Page 4 Rev. 09-28-18
F. ADDITIONAL INSURA NCE RELATED PROVISIONS
Consultant and City agree as follows:
1. Consultant agrees to ensure that subconsultants, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Cons ultant, provide the same minimum insurance coverage required of Consultant, except as with respect to limits.
Consultant agrees to monitor and revi ew all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Consult ant agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subconsultants and others engaged in the Project will be submitted to City for review.
2. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any th ird party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhol d payments from the Consultant in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Consultant, and each and every subconsultant (of every tier) shall, at its sole cost and expense, provide and maintain not less than t he minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with in surers, and under forms of policies, satisfactory to City and as described in th is Agreement. Consultant shall file with the City all certificates and endorsements for the requir ed insurance policies for City’s approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Consultant or its insuranc e broker shall provide the required proof of insurance compliance, consisting of ISO endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equi valent), evidencing all required coverage shall be del ivered to City, or its r epresentative as set forth below, at or prior to execution of this Agreement. Upon City’s request, Consultant shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of th is Agreement, all Design Professional Agreement with Group 4/Exhibit C-Insurance Requirements Page 5 Rev. 09-28-18
certificates, endorsements, coverage verifi cations and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara – Public Works Department
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Consultant shall have, and provide written proof of, an A. M. Best rating of at leas t A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Design Professional Agreement with Group 4/Exhibit D-Insurance Requirements Page 1 Rev. 09-28-18
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GROUP 4 ARCHITECTURE, RESEARCH AND PLANNING
FOR THE
INTERNATIONAL SWIM CENTER REHABILITATION PHASE 2 PROJECT
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code Section 1720 et seq. requiring the payment of prevailing wages, the tr aining of apprentices, and compliance with other applicable requirements. If applicable to the Services, Consultant or its subconsultant(s), as applicable, shall comply with the following requirements.
A. Prevailing Wage Requirements
1. Consultant shall be ob ligated to pay not less than the General Prevailing Wage Rate, which can be found at www.di r.ca.gov and are on file with the City Clerk’s office, which shall be av ailable to any interested party upon request. Consultant is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, Consul tants are reminded of the need for compliance with Labor Code Section 1774-1775 (the paym ent of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works Projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811- 1813.
3. Special prevailing wage rates gener ally apply to work performed on weekends, holidays and for certain sh ift work. Depending on the location of the Project and the amount of travel incurred by workers on the Project, certain travel and subsistence payments may also be required. Consultants and Subconsultants are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the Project as an apprentice and rece ive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
Design Professional Agreement with Group 4/Exhibit D-Insurance Requirements Page 2 Rev. 09-28-18
5. As a condition to receiving progre ss payments, final payment and payment of retention on any and all Projects on which the payment of prevailing wages is required, Consultant agrees to present to Cit y, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subconsultants) fo r the time period covering such payment request. The term “certified pay roll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limit ed to: certified pay roll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of w age statements and cancelled checks, proof of training contributions (C AC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certif ied payrolls and related documentation to City, Consultant and all Subconsultants shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the Project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No Consultant or subconsultant ma y be listed on a bid proposal for a public works Project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [w ith limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)].
8. No Consultant or subconsultant ma y be awarded a contract for public work on a public works Project, unless r egistered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Consultants MUST be a registered “public works Consultant” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for constructi on alternation, demolition or repair work, registration is not required.
9. All Consultants/Subconsu ltants and related construction Services subject to prevailing wage, including but not lim ited to: trucking, surveying and inspection work, must be registered with the Department of Industrial Relations as a “public works Consult ant.” Those you fail to register and maintain their status as a public works Consultant shall not be permitted to perform work on the Project.
10. Should any Consultant or Subcon sultants not be a registered public works Consultant and perform work on the Proj ect, Consultant agrees to fully indemnify the City for any fines asse ssed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.
Design Professional Agreement with Group 4/Exhibit D-Insurance Requirements Page 3 Rev. 09-28-18
11. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, Cit y Manager, or a designated r epresentative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Consultant’s address indicated for receipt of notices in this Agreement.
C. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., Cit y may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this Project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Consultant until Consultant has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Consultant until all required documentation is s ubmitted. Any payment by the City despite Consultant’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Departm ent of Industrial Relations may impose penalties upon Consultants and Subconsultants for failure to comply with prevailing wage requirements.
These penalties are up to $200 per day per wo rker for each wage vi olation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
Design Professional Agreement with Group 4/Exhibit E – Milestone Schedule Page 1 Rev. 04-12-21
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GROUP 4 ARCHITECTURE, RESEARCH AND PLANNING
FOR THE
INTERNATIONAL SWIM CENTER REHABILITATION PHASE 2 PROJECT
EXHIBIT E
MILESTONE SCHEDULE
Description of work and task Duration
Task No. 1 – Preliminary Engineering and
Evaluation 16 weeks
Task No. 2 – Community Outreach and Special
Meetings Concurrent with other Tasks
Task No. 3 – 65% Construction Documents 12 weeks
Task No. 4 – 95% Construction Documents
Package
12 weeks
Task No. 5 – 100% Construction Documents
Package
8 weeks
Task No. 6 – Bid Documents 8 weeks
Task No. 7 – Bid Assistance and Award Phase Bidder’s inquires - 2 days response time for clarifications and questions
Task No. 8 – Construction Phase Assistance See Task 8 for details Task No. 9 – Post-Construction Phase See Task 9 for details Task No. 10 – Furniture, Fixtures + Equipment
and Si
gnage
Concurrent with other Tasks
Design Professional Agreement with Group 4/Exhibit F- Project Management Software
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GROUP 4 ARCHITECTURE, RESEARCH AND PLANNING
FOR THE
INTERNATIONAL SWIM CENTER REHABILITATION PHASE 2 PROJECT
EXHIBIT F
PROJECT MANAGEMENT DOCUMENTATION SOFTWARE
1.0 GENERAL
This section is intended to describe the use of e-Builder EnterpriseTM (e-Builder), a web-based project management software, as the medium for Project documentation and reporting. All costs as sociated with the use of the software are included in the Project Exhibit B – Schedule of Fees.
2.0 e-BUILDER PROJECT MANAGEMENT SOFTWARE PROGRAM
The City of Santa Clara is currently us ing e-Builder Project Management for all related Project management tasks. Consul tant is required to comply with all requirements specified in this Exhibi t F – Project Management Documentation Software.
3.0 REQUIREMENTS
A. General Requirements:
1. Consultant and Subconsultants shall provide, at a minimum, the following to its staff:
a) Computer: Minimum Intel Pent ium® 4 Processor 2.4 GHz or equivalent processor with 512MB of RAM; recommended Centrino Duo® Processors 1.6 GHz or equivalent with 2GB of RAM, or higher; b) Computer Operation System: Windows XP or later and OS X v10.8 or later;
c) Web Browser: Microsoft Internet Explorer 10.0 or later, Google Chrome v29.0.1 or later, Mozilla Firefox v35.0.1 or later, Safari v6.0.4 or later, Safari for iOS mobile v6.1 or later. Other browsers such as Microsoft Edge, Google Chrome for iOS, and Google Chrome for Android are available on e-Builder ; however, some features might not work as expected;
d) Work and Spreadsheet Processors : Microsoft Offi ce Word, Excel and Outlook;
Design Professional Agreement with Group 4/Exhibit F- Project Management Software
e) Scheduling Software: Micros oft Project or Primavera; f) Internet Service Provider: A reli able ISP in the area of the Project; g) Connection Speed/Minimum Bandwidth : DSL, ADSL or T1 Line for transferring a minimum of 3 M bps Downstream and 512 Kbps Upstream.
2. Consultant and Subconsultants s hall provide its management personnel assigned to this Project with access to personal computers and the Internet on a daily basis.
B. Project Web Requirements:
1. This Project utilizes a web-based pr oject management tool, e-Builder. This web-based application is a collaboration tool, whic h will allow all Project team members continuous access through the Internet to important Project data as well as up-to-the-mute decision and approval status information.
2. Consultant and Subconsultants shall conduct Project controls, outlined by the City, utilizing e-Builder. This des ignated web-based application will be provided by the City at no costs to the Consultant and the Subconsultants.
No additional software will be requir ed. Furthermore, the City Project Manager will assist Consul tant in providing training of subconsultant’s personnel.
3. Consultant and Subconsultants shall have the responsibility for visiting the Project web site on a regular basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include, but are not limited to: Contracts, C ontract Exhibits, Contra ct Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non- Conformance Notices, Quality Contro l Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Reques t Applications, Supplemental Instructions, Construction Change Dir ectives, Potential Change Orders, Change Order Requests, Change Orders, etc. All supporting data including, but not limited to, shop drawings, pr oduct data sheets, manufacturer data sheets and instructions, method stat ements, safety MSDS sheets, Substitution Requests, Submittals, et c. and the like wil l be submitted in digital format via e-Builder.
C. Electronic File Requirements:
1. In addition to the standard clos eout submittal requirements detailed elsewhere in the Contract Documents, the Consultant and Subconsultants Design Professional Agreement with Group 4/Exhibit F- Project Management Software
shall also submit all closeout document s including all “As-Built Drawings,” catalog cuts, and Owner’s Operation and Maintenance manuals in digital format. All documents (including as-bu ilt drawings) sha ll be converted or scanned into the Portable Document Format (PDF) file and uploaded to e- Builder.
4.0 IMPLEMENTATION REQUIREMENTS
A. e-Builder is a comprehensive Proj ect and Program Management system that will be implemented for managing documents, communications, and costs between the Contractor, Subcontractors, Consultant, Subconsultants, and Owner. e-Builder includes extensive reporting capabilities to facilitate detailed.
B. Project reporting in a web-based environment that is accessible to all parties and easy to use.
C. Central Document Vault: e-Builder system includes a central database that maintains all Project information and manages Project communications amongst team members.
D. Communication/Correspondence: e-Builder provides electronic routable communication forms that pr ovide historical tracki ng, documentation, and increased accountability of Project members.
E. Project Calendars: Meetings will be scheduled and maintained centrally on e-Builder by the City.
F. Reporting: All of the Project and pr ogram data including documents, communications, and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility.
Design Professional Agreement with Group 4/Exhibit F- Project Management Software
5.0 LICENSING REQUIREMENT
A. User Licenses: Each user license is for access to the site consisting of unlimited data storage. Users can be direct employees of the Consultant as well as its Subconsultants and/or Suppliers.
B. Each user license includes full access to e-Builder, including all of the documents and reports mentioned above. Furthermore, each user license provides the e-Builder software as a service (SaS) including:
1. All hosting, operation, main tenance, and data backup of the e- Builder software and documents which are maintained in state-of- the-art data centers located throughout the United States.
2. Quarterly e-Builder software enhancements.
3. Unlimited phone, email, and web-based support 24-hours.
C. e-Builder user licenses shall be obtained by the City, Owner Manager, and QA/QC Agencies for which the Design Consultant is not responsible.
Design Professional Agreement with Group 4/Exhibit F- Project Management Software
Design Professional Agreement with Group 4/Exhibit G- Project Design Consideration
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
City OF SANTA CLARA, CALIFORNIA,
AND
GROUP 4 ARCHITECTURE, RESEARCH AND PLANNING
for THE
INTERNATIONAL SWIM CENTER REHABILITATION PHASE 2 PROJECT
EXHIBIT G
PROJECT DESIGN CONSIDERATIONS
1. General:
The following design considerations and information have been identified for the project and shall be taken into consider ation and reviewed with the City by the Consultant as part of the work and decisions and directions for each of these items will be discussed and direction given by the City for the Consultant to use in the development of the project documents.
1.1. Open Outdoor Space Design
1.1.1. Do not locate trees/plants that will drop leaves that can blow into the pool.
1.1.2. Design for hosting co mpetitive meets and address:
Ability to separate spectato rs from competition area. Family Changing Rooms.
Separate bathroom on the compet ition side of the pool from the locker rooms (can be single use).
Provide space for EZups or a built-in shade cover near the starting block areas for short-course and long-course.
Provide infrastructure for stream ing competitions.
Provide strong Wi-Fi throughout.
Provide an indoor room within the view of the pool to run meet operations.
Light poles on timer and lower poles to provide more lights.
1.1.3. Identify potential traffic issues affecting residents and include construction contract language to minimize disruption and impacts.
Design Professional Agreement with Group 4/Exhibit G- Project Design Consideration
1.1.4. Identify lead times for s pecialty equipment and materials to facilitate the project schedule. Determine needs and help facilitate orders as soon as possible. Consultant shall be required to contact applicable manufacturers and contract ors to obtain accurate lead time for specialty equipment and materials.
1.2. General Buildi ng Design Criteria:
1.2.1. Provide inclusive, safe, and accessible amenities within an aquatics amenity center including administrative space to support daily operations (reception), full-time staff, and program management as well as dedicated and flexible spaces for lifeguard operations (briefing/training, break room, and lockers). Provide two all-gender shower and restroom combos.
1.2.2. Design the building in such a way to accommodate potential future expansion.
1.2.3. Establish secure, controlled ac cess to administrative and restricted employee areas.
1.2.4. Integrate emer gency operations features , such as audiovisual systems for public announcements, facility m anagement and training, surveillance points and a first-aid station.
1.2.5. Ensure the administration building integrates seamlessly with existing and planned aquatic program s, party rentals and special events. This will include restroom facilities and locker rooms.
1.2.6. Explore design options wit h non-aquatic fitness and training amenities to serve the broader community, such as a meeting room, program room(s), multi-purpose room with kitchen, etc.
1.2.7. Integrate su stainable and efficient/long-term operation and maintenance.
1.2.8. Provide a facility that aligns with community priorities established through public engagement and the Community Aquatic Facilities Stakeholder Committee.
1.2.9. Deliver a value e ngineered project within the established budget in a timely manner which meets all lo cal, state and national building and aquatics safety standards.
1.2.10. Building design that al lows for future scalability.
1.2.11. Avoid small tiles for shower stalls.
Design Professional Agreement with Group 4/Exhibit G- Project Design Consideration
1.2.12. The building sha ll be higher in elevation to avoid stormwater inundation and flooding or have good drainage around the building.
1.2.13. Provide material and equipment storage.
1.2.14. Specify industrial grade material and equipment.
1.2.15. Use non-slip and darker color floor tiles.
1.2.16. For the Community Room:
Include- refrigerator, microw ave, TV, hookups for laptop, and the ability to wash + sink for 65-100 capacity.
Provide another small communi ty room for 25 people with similar amenities.
Provide direct walk out lock at community room.
1.2.17. Cabana rental outside of pool area.
1.2.18. Provide overhangs for shade and block sunlight from entering offices.
1.2.19. Provide security cameras throughout.
1.2.20. Provide card readers.
1.2.21. Provide intercom system.
1.3. Summary of potential progra mming / maintenance considerations:
The programming could serve a broad range of community needs, including but not limited to general recreation, fitness, competitive aquatics, water safety education, community programming, support spaces for year-round programming, etc. The building also needs to include maintenance and programming support functions.
1.3.1. Building interior - City operational requirements Reception desk area
Locker room (restr oom/meter shower)
Family changing room
Program room(s) (flex space fo r programming and public use) Meeting room
Design Professional Agreement with Group 4/Exhibit G- Project Design Consideration
Lifeguard space with lockers
Digital information display
Storage rooms
IT/server/maintenance room
Multi-purpose room(s)
Administrative office(s) (indivi dual offices, modular station and/or open space for key seasonal staff)
Staff break room (with kitchenette)
Janitorial room with hot and cold water and mop sink with shelving and storage cabinets
All offices facing Patricia Drive shall not include any windows to maintain privacy of adjacent neighbors. Vice versa, all rooms/offices facing the interior pools to contain windows Misc. – Wi-Fi, digital signage, key card access, AV system throughout facility with connectivity to scoreboard and outdoor speaker, water bottle filling stations
Staff room that will be able to observe entire swim area Ventilation and operable windows
Dedicated restrooms
One meeting room dedicated fo r staff (lifeguards, etc.) only Two offices, manager and supervisor
1.3.2. Desired amenities
Rental space / party room (with kitchenette, and outdoor programming space)
Washer/dryer
Fitness gym
Reception/lounge
Design Professional Agreement with Group 4/Exhibit G- Project Design Consideration
1.3.3. Competitive/community wish list –
Multi-use space for 200 people with tables and chairs, full kitchen with cooking amenities (e.g., large refrigerator and freezer space, sink for doing dishes, ice maker, food
prep/counter space, stove/convection oven, warmer)
Room for stretching/group dryland workouts
Dedicated office space for coaches
Family changing rooms
Adequate lockers and showers
Adequate toilets and sinks
Exterior showers and restrooms for athletes
1.3.4. Exterior Building Facilities - City operational requirements Hose bibs
Storage space with vented air completely separate from indoor janitorial space with built-in shelving for storage
Landing pad for up to 5 food trucks
Exterior buildings – address upgrades to existing restroom and park maintenance buildings
Drop off lane / curb cut for passenger cars / buses still maintain sidewalk attached to the sidewalk
1.3.5. Desired amenities
Concession stand
Connected courtyard / space ad jacent to party room, shade canopy, scoreboard
covered spectator seating, solar, TVs