CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT Agreement Number: Amendment Number:
2019-12-17-1108 5
419000420
This Amendment Number 5 to the above referenced Agreement is entered into on · between the City of Stockton ("City") and Indigo, Hammond + Playle Architects, LLP "Consultant" for the Tenant Improvements to the Waterfront Towers for the Relocation of City Hall, Project No. E016015, formerly Project No. PW1615.
RECITALS
Exhibit C General Tem,s and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the perfom,ance of additional work; and
Exhibit C General Tenns and Conditions, Paragraph 8 Amendment, states no variation of the tem,s of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and The City needs to renew the tem, specified in Paragraph 2 of the Standard Agreement to provide design support during construction; and
The City needs to increase the Compensation, Not to Exceed amount in Paragraph 3 of Standard Agreement and Exhibit E, Section 1.1, by $600,000 to pay for the Consultant and design construction support services and Now therefore, the City and the Contractor mutually agree as follows:
1. The termination date in Paragraph 2 of the Standard Agreement is amended to:
"December 31, 2024"
2. The maximum not to exceed amount to be paid to the Consultant, including if authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, is amended to $2,816,133.
2.1 City shall pay Consultant for additional services outlined in Exhibit A of this Amendment.
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the authorized parties have executed this Agreement
CONTRACTOR
INDIGO, HAMMOND+ PLAYLE ARCHITECTS, LLP
than an individual, state whether a corporation, partnership, etc.):
Authorized Signature
B tlve-1= ;')L,,t+-'f t..e IM.. ;-r,1.s.tt._,
Printed Name and Title of Person Signing
9o'f yi-'-- 5T. P,,...vl�, CA. 'r5Cl4
Address
Harry Black, City Manager
ATTEST:
Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:
John M. Luebberke, City Attorney
BY:
(Rev. 2.11.20)
CITY OF STOCKTON
1 .s '2--?i 2,.l--
Date
Date
EXHIBIT 2
Ma
rch 14, 2022
Joh
n Chang, P.E., Project Manager
City of Stockton
Public Works Dept.
22 E. Weber Ave, Room 301
Stockton, CA 95202
Re: Amendment #5 – Add Construction Administration Phase services, Tenant Improvement to the Waterfront Towers for the Relocation of City Hall, Stockton, CA, PUR 18-016 Dear John,
Thi
s amendment is for a City-requested change in the scope of work for the project since the execution of the original Phase II contract dated 12/17/19 and through Amendment #4, dated 11/22/21. This amendment has been revised downward to a budgetary cap amount selected by City compared to prior amendment proposals.
In
cluded are background, description of change in the scope of services, change in contract time and cost. The term Consultant or Indigo where used in this amendment has the same meaning as Contractor in the original agreement, which refers to consultant Indigo and its various engineering team members.
The term Contractor where used in this amendment refers to the licensed building Contractor the City will hire to construct the project. Attached is the following exhibit:
• Ex
hibit E – Compensation Schedule, dated 3/14/21
Description of Scope of Services change
Th
ese services were not included in the original agreement, rather were to be added as a next step. Step #9 – Construction Administration Phase is now added by this amendment. A general contractor pre- qualification process was conducted by the City, resulting in a list of eight (8) general contractors prequalified and invited to bid the project. Due to bidder requests, the City elected to extend the bid period by three (3) weeks, and on March 3, 2022 five (5) bids were taken resulting in an apparent low bidder whose contract is due for approval by Council in May. This amendment includes bidding service spillover resulting from the extended bid period and not included in Amendment #4. The City has retained the services of a Construction Manager CM who will be responsible for coordination, testing, and inspection, and oversight of day-to-day activities during construction.
Pro
fessional architectural and engineering services through the construction support phases of the project are added herewith. These services will be provided when requested by the City’s Project Manager, or where required to discharge the duties and responsibilities of the design professionals involved. Services will be provided at the request of the Construction Manager, where authorized by City.
Not all services listed below will be implemented, depending on actual need and requested services. The Consultant will provide the following professional services as part of the basic scope:
• Arc
hitectural Design (Indigo Architects).
• Signage & Graphics Design (Indigo Architects).
EXHIBIT 2
Joh
n Chang, P.E.
March 14, 2022
• Landscaping Design (Siegfried).
• Structural Engineering (Siegfried).
• Civil Engineering Design including utilities, grading, parking accessibility provisions, fire hydrants and fire service to building, fire service is on a deferred approval design-build basis (Siegfried). • Security CCTV, Access Control Design (Guidepost Solutions), • Audio-visual A/V for conference rooms and Council Chambers (Guidepost Solutions). • Interior Design and furnishings coordination assistance (designTECH). • Electrical Engineering Design including power, data/ telecommunications/ CATV, lighting. Fire alarm systems are deferred approval design-build basis by contractor (M. Neils Engineering). • Mechanical and Plumbing Engineering Design including HVAC mechanical systems and controls, plumbing system, domestic water, waste, and vent. Fire suppression systems including fire sprinkler, dry systems, FM200 gaseous, etc. are deferred approval design-build basis by contractor (Peters Engineering).
• Building Envelope (Ferrari Moe, LLP Architects).
Th
e following required services will be provided by City’s separate consultants or vendors:
• Ge
otechnical observation, testing, and reporting.
• Parcel merger, lot line adjustment or re-mapping of the condominium parcels. • Hazardous material monitoring and oversight.
• CASp accessibility oversight and certification of compliance. • Testing and inspection services.
• Co mm
issioning agent CxA.
• Construction Management CM.
• Other services to be determined or as may become required.
Th
e following are other services which are not included in the basic scope but available as additional services, if required or requested:
• Cons
ultants in addition to those shown as being included in the basic scope. • Services as indicated above to be provided separately by City. • Further assessment of existing conditions, including destructive testing which may be required. • Assistance in updated assessor records and obtaining title reports. • Testing and inspection services.
• Offsite improvements, including any utility connections to other locations, fiber connectivity, etc. • Service beyond the dates shown on the timeline for completion of the work. • Meeting minutes are assumed by Construction Manager and/or City’s Project Manager. • Fire alarm, fire sprinkler and suppression systems are included in the basic scope as deferred approval design-build items as is customary, detailed design if required by fire marshal is an additional service.
• Design changes requested by the City.
• Printing and delivery are included as reimbursable expense. • Construction duties normally provided by a construction manager. • Other services to be determined or as may become required.
Th
e Consultant shall complete services following the latest applicable, and non-conflicting building codes, standards, regulations, and approved construction budget constraints as directed by the City. City acknowledges that Consultant will exercise due diligence, will rely on the information resulting from prior site studies, and will use information found in City-provided record documents when performing EXHIBIT 2
Joh
n Chang, P.E.
March 14, 2022
construction administration services, but Consultant is not otherwise responsible for existing conditions, which remain the responsibility of the City.
Th
e City further understands that with renovation of existing buildings, previously unidentified existing conditions will be exposed during construction, and that discovery of unidentified existing conditions may precipitate the need for supplemental details or drawings which will be considered normal to the design and construction of remodel work, and not a fault or omission of the Consultant.
Tasks and Deliverables
Con
struction Phase services will be coordinated with and as-requested by the Construction Manager and/or City’s Project Manager. The Construction Phase shall commence with the award of the construction contract based on the approved Construction Documents, between the City and any prime contractors for the project. It is assumed that the Construction Manager and/or City’s Project Manager will maintain submittal logs, RFI ASI and CCO logs, and review Contractor’s monthly applications for payment. Design support services which may be requested during construction include the following, actual required services may vary:
• Coo
rdinate service delivery with the Construction Manager and City’s Project Manager. • Attendance at pre-bid meeting, construction meeting(s), and review of submittals, and requests for information.
• Prepare design revisions as needed, using Architectural Supplemental Instructions ASI. • Attend all relevant construction progress meetings and site visits observation visits as requested by City during the construction and closeout phases of work. • Prepare and distribute to all appropriate persons and entities, any correspondence, bulletins, drawings, supplemental specifications, addenda, etc. necessary to clarify or supplement Construction Documents throughout the construction phase, collectively these are referred to as Field Orders.
• Periodically assess Contractor’s conformance with the design intent and quality requirements of the contract documents, and in coordination with the Inspector of Record IOR and the Construction Manager CM who also have a role in reporting variances thereto. • Prepare Site Observation Reports within five (5) working days after a site visit. The Consultant shall issue reports to the Construction Manager and/or City’s Project Manager and prime contractors, related to deficiencies, errors, non-adherence to schedules, disagreements with pricing or time requests on change orders when requested by the project manager, and other items of importance that Consultant observes during construction, collectively these are referred to as Deficiency Notices.
• When requested by the Construction Manager and/or City’s Project Manager, render written responses and opinions on all claims, addenda, proposals, disputes and all other matters in question between the City, prime contractors, vendors, and others relating to the execution or progress of the work or the interpretation of the Construction Documents, in order to maintain the project schedule and to assist City’s Project Manager in pursuit of completing negotiations and completion of the project.
• Prepare construction punch list, aka list of items requiring correction, for the selected contractor’s use in making corrections.
• Conduct and document one Punch List site walk for Contractor’s use. • Inspector of Record IOR and the Construction Manager CM will be responsible for back check inspections to insure that all Punch List items are corrected by the Contractor and cleared.
EXHIBIT 2
Joh
n Chang, P.E.
March 14, 2022
• Review closeout construction documentation against the specifications. • Prepare CAD record drawings based on Contractor’s as-builts. • On-call services during warranty period (to be determined). • Project commissioning (to be determined).
Deliverables:
Design support deliverables during the construction phase may include the following, actual required services may vary:
• Attend Pre-construction Meeting (notes by CM).
• Submittal reviews.
• Responses to Contractor’s Request for Information RFI. • Review and respond to Contractor’s Preliminary Change Order PCO. • Prepare design revisions using Architectural Supplemental Instructions ASI. • Issue owner-initiated Proposal Requests.
• Prepare Field Orders on behalf of Construction Manager and/or City’s Project Manager. • Prepare Deficiency Notices on behalf of Construction Manager and/or City’s Project Manager. • Maintain Submittal, RFI, ASI and CCO logs (NIC, by City's Construction Manager and/or City’s Project Manager.
• Site Observation Reports.
• Site visit with inspection and preparation of Punch List. • Notice of Substantial Completion.
• Review of warranties and closeout documents.
• Prepare CAD record drawings based on Contractor’s as-builts, except fire suppression and fire alarm systems, and any other deferred approval record drawings will be prepared by the Contractor.
Changes to Contract Time:
Con
tract time is also changed by this amendment. The following timeline dates are hereby added to Exhibit F Timeline in the contract: “Step #8 – Bidding Phase 4 month duration, Step #9 – Construction Administration Phase 18 month duration, and all work to be complete by and agreement termination date is extended to December 31, 2023.”
Changes to Contract Cost:
Th
e fee for this amendment is a not-to-exceed allowance amount of $600,000 as shown on the table below, and the work will be billed on a time-and-material basis based on the updated rates found on the attached Exhibit E – Compensation Schedule Hourly Billable Rate Schedule, dated 3/14/21. This rate schedule replaces the one of same name found in Item 2. Task Price in the original agreement.
No
te that the actual work required for construction administration is indeterminate, therefore the fee for this project is a time-and-materials, with a not-to-exceed allowance. The City has arbitrarily chosen the NTE amount of $600,000 which it has budgeted for. Our team will endeavor to manage our work within this fee, however depending on job conditions, contractor quality, calls for service, and other factors outside of our control, there may be the need for a further amendment during construction in order to complete the project.
EXHIBIT 2
Joh
n Chang, P.E.
March 14, 2022
The additional cost for the scope of services change in this amendment is $600,000.00. Contract Summary follows:
Contract Summary
Original Contract Total NTE amount $1,392,900.
Added by Amendment #1, 6/30/20 $105,743.
Added by Amendment#2, 2/3/21 $527,147.
Added by this Amendment#3, 6/3/21 $14,900.
Added by this Amendment#4, 11/22/21 $175,443.
Added by this Amendment#5, 3/14/22 $600,000.
Tot al Adjusted NTE amount $2,816,133.
Th
e revised Task Price table is as follows, monthly invoicing to be adjusted accordingly.
Current
Authorized Task
Price
Change This
Amendment
Adjusted Task
Price
STEP #1 - KICK-OFF MEETING $13,400.00 $0.00 $13,400.00
STEP #2 - SCHEMATIC PLAN $110,100.00 $0.00 $110,100.00
STEP #3 - CONFIRM DIRECTION $38,293.00 $0.00 $38,293.00 STEP #4 - CONSTRUCTION DOCUMENTS, 30% PS&E $540,550.00 $0.00 $540,550.00 STEP #5 - CONSTRUCTION DOCUMENTS, 60% PS&E $592,516.15 $0.00 $592,516.15 STEP #6 - CONSTRUCTION DOCUMENTS, 90% PS&E $554,116.15 $0.00 $554,116.15 STEP #7 - 100% PS&E AND PERMITTING $284,157.70 $0.00 $284,157.70 STEP #8 - BIDDING PHASE $83,000.00 $0.00 $83, 000. 00
STEP #9 - CONSTRUCTION PHASE $0.00 $600,000.00 $600,000.00 $2,216,133.00 $600,000.00 $2,816,133.00
Task Description
TOTAL PRICE, NTE FEE
Regards,
Br
uce Playle, Architect, AIA
Licensed Architect C 15459
INDIGO/ Hammond & Playle Architects, LLP
attachments
EXHIBIT 2
1 of 2
EXHIBIT E - COMPENSATION SCHEDULE
HOURLY BILLABLE RATE SCHEDLE
March 14, 2022
3. Hourly Rates (amended as follows)
The fol
lowing is a list of hourly billable rates upon which Consultant’s time and material billing will be based for those services that are within the general scope of services of this Agreement, as well as any additional services which City requests or become required. Given the multi-year duration of the work, the current rates shown here are subject to reasonable update from time to time, and City approval to use updated rates shall not be unreasonably withheld.
Title Role on Project
Hourly Billable
Rates
Indigo | Hammond + Playle
Architects, LLP- Architecture Architecture
Principal Architect Architecture $255
Architect / Planner Architecture $208
Senior Designer Architecture $187
Designer/ Drafter- Level 2 Architecture $155
Designer/ Drafter- Level 1 Architecture $135
Clerical Architecture $110
M.Neils Engineering, Inc.
Principal Electrical Engineering $235
Senior Project Manager Electrical Engineering $205
Project Manager Electrical Engineering $190
Senior Engineer Electrical Engineering $190
Engineer Electrical Engineering $175
Senior Designer Electrical Engineering $175
Designer Electrical Engineering $150
Assistant Engineer Electrical Engineering $140
Engineering Technician Electrical Engineering $130
Senior Drafter Electrical Engineering $130
Drafter Electrical Engineering $115
Assistant Drafter Electrical Engineering $105
Clerical Electrical Engineering $105
Guidepost Solutions
Principal Security & A/V $250
Subject Matter Expert Security & A/V $230
Senior Project Manager Security & A/V $200
Project Manager Security & A/V $185
Sr. Designer Security & A/V $185
Professional Engineer Security & A/V $185
Technology Designer Security & A/V $175
Design/Drafting Security & A/V $125
Technical Support Security & A/V $115
Peters Engineering
Principal Mechanical & Plumbing Engineering $185
Senior Engineer Mechanical & Plumbing Engineering $160
EXHIBIT 2
2 of 2
Project Manager Mechanical & Plumbing Engineering $135
Senior Designer Mechanical & Plumbing Engineering $105
Designer Mechanical & Plumbing Engineering $95
CADD Mechanical & Plumbing Engineering $85
Clerical Mechanical & Plumbing Engineering $70
Designtech
Principal Interior Design & Furnishings $160
Senior Designer Interior Design & Furnishings $150
Designer Interior Design & Furnishings $120
Junior Designer Interior Design & Furnishings $100
Administrative Staff Interior Design & Furnishings $90
Ferrari Moe, LLP
Partners Building Envelope Consultant $360
Senior Project Architect / Engineer Building Envelope Consultant $240 Senior Project Manager Building Envelope Consultant $200 Architect / Engineer Technician Building Envelope Consultant $180 Project Manager Building Envelope Consultant $160
Field Technician / CAD Building Envelope Consultant $120 Word Processing / Administrative Building Envelope Consultant $80 Siegfried
Managing Principal Structural & Civil Engineering, Landscape $253 Principal Structural & Civil Engineering, Landscape $227 Senior Associate Structural & Civil Engineering, Landscape $199 Associate Structural & Civil Engineering, Landscape $178 Project Engineer Structural & Civil Engineering, Landscape $168 Engineer II Structural & Civil Engineering, Landscape $154 Engineer I Structural & Civil Engineering, Landscape $138 Project Landscape Architect Structural & Civil Engineering, Landscape $166 Landscape Architect II Structural & Civil Engineering, Landscape $144 Landscape Architect I Structural & Civil Engineering, Landscape $118 Project Land Surveyor Structural & Civil Engineering, Landscape $168 Surveyor II Structural & Civil Engineering, Landscape $152 Surveyor I Structural & Civil Engineering, Landscape $134 Survey Crew, 2 Person Structural & Civil Engineering, Landscape $273 Survey Crew, 1 Person Structural & Civil Engineering, Landscape $181 Instrumentman Structural & Civil Engineering, Landscape $194 Chainman/Rodman Structural & Civil Engineering, Landscape $134 Senior Technician Structural & Civil Engineering, Landscape $134 Technician III Structural & Civil Engineering, Landscape $118 Technician II Structural & Civil Engineering, Landscape $102 Technician I Structural & Civil Engineering, Landscape $87 Expert Witness Structural & Civil Engineering, Landscape $400 Clerical Structural & Civil Engineering, Landscape $80
Miscellaneous
reimbursable costs
Consultants and reimbursable expenses are at
1.15x cost. Mileage at $0.585 per mile.
EXHIBIT 2
Vendor: Date: 03/21/22
Dept: Contract/PO Number: 419000420
Account: Requestor: Joshua/Johnny
$1,392,900.00
12/17/19
06/30/22
2,816,133.00$
1,423,233.00$
Av
ailable CCO Funding:
12/30/25
DM W D CM CC
$1,392,900.00 $239,290.00
1 Design revisions, air/water survey and fire consultant services $105,743.00 6 Y $1,498,643.00 $133,547.00 2 Additional design services for design revisions, HVAC replacement, floor/structural analysis, building waterproofing and exterior paint $527,147.00 Y $2,025,790.00 ($393,600.00) 3 Geotechnical Engineering Services $14,900.00 Y $2,040,690.00 ($408,500.00) 4 Additional design revision and bidding support services $175,443.00 Y $2,216,133.00 ($583,943.00) 5 Design construction support services $600,000.00 36 Y $2,816,133.00 ($1,183,943.00) Total CCO Amount and Time Extension To‐Date ‐‐‐‐‐> $1,423,233.00 42 Public Works
Indigo Hammond + Playle Architects, LLP
E016015‐PLN‐PE‐ENGSVC‐4510‐418‐800007‐300‐000‐30‐45‐000‐000‐ EXISTING & PROPOSED CCOs
Contract Expiration to date:
Contract Amount to date:
Time Extensions
Original Contract Amount:
Original Contract Award Date:
Original Contract Expiration Date:
Authorized CCO Amount to date:
CONTRACT CALCULATOR
Description
Required
Approval by: Date CC Approved
(mm/dd/yy)
Revised
CCO Authority BalanceCCO No.
Requested
CCO Amount
Contract Amount to Date
(Including CCOs)
ENTRIES IN BOLD RED INDICATE
YOUR BALANCE OF CM AUTHORITY CCO AMOUNT IS EXCEEDED.
YOU MUST GO TO COUNCIL FOR APPROVAL.
(Effective 12/02/21: CM Authority = $100,000)
EXHIBIT 2