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MW Steele Group/Library 01PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and M.W. STEELE GROUP, Inc. ("Consultant"). The parties hereto agree as follows: 10-11 'kill 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Professional Architectural Design Services for the City of La Quinta Public Library, Project 2000-06 as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. T:\PWDEPT\PROJECTS\2000Prjcts\2000-06 Municipal Library\Consultants\M.W. Steele PSA.wpd Pagel of 8 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Five Hundred Fourteen Thousand Seven Hundred Seven Dollars ($514,707.00 ) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. quo 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. T:\PWDEPT\PROJECTS\2000Pr cts\2000-06 Municipal Library\Consultants\M.W. Steele PSA.Wpd Page 2 of 8 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Tom Anglewicz, AIA, Vice -President, M.W. Steele Group, Inc. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Dodie Horvitz, Community Services Director, or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. • ► :_► ►• 11► Ila LOYTTA•► _► oil: •►• 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's T:\PWDEPT\PROJECTS\2000Pr cts\2000-06 Municipal Library\Consultants\M.W. Steele PSA.wpd Page 3 of 8 acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal In Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: T:\PWDEPT\PROJECTS\2000Prjcts\2000-06 Municipal Library\Consultants\M.W. Steele PSA.wpd Page 4 of 8 a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. T:\PWDEPT\PROJECTS\2000Prjcts\2000-06 Municipal Library\Consultants\M.W. Steele PSA.wpd Page 5 of 8 we, 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the T:\PWDEPT\PROJECTS\2000Prjcts\2000-06 Municipal Library\Consultants\M.W. Steele PSA.wpd Page 6 of 8 Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. • • _►� ►�' • 11 ►� ►_ •► 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA M.W. Steele Group, Inc. Attention: City Manager Attention: Mark W. Steele, President 78-495 Calle Tampico 7881 Drury Lane La Quinta, California 92253 La Jolla, California 92037 T:\PWDEPT\PROJECTS\2000Pr cts\2000-06 Municipal Library\Consultants\M.W. Steele PSA.wpd Page 7 of 8 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Atha. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: I P-a" ,&. -, -,Ik -J June S G k, City Clerk APPR VED AS TO FORM: . KatheAne Jenson, Ci y Attorney / �.,..- lor� Date: , 44 T:\PWDEPTVROJECTS\2000Pr cts\2000-06 Municipal Librarffonsultants\M.W. Steele PSA.wpd Page 8 of 8 Exhibit A Scope of Services City of La Quinta Municipal Library Improvement Project No. 2000-06 Services and products to be rendered in performing all work associated with the project shall be in accordance with the M.W. Steele Group, Inc. Scope of Services attached and made a part of this agreement. M.W. STEELS GROUP, INC. ARC H ITECTURE P L A N N I N G INTERIOR DESIGN 788 1 D R U R Y LANE LA JOLLA, CA 92037 PHONE: 858.459.7880 FAx: 858.459.0880 WWW.MWSTEELE.COM La Quinta Library Scope of Services 1.00 Programming and Project Definition: This effort will be undertaken by the Steele Group, without any subconsultant participation. The purpose of this initial phase is to clearly articulate the community's goals and objectives for the library, and to delineate a detailed description of the functions and related space requirements for the facility. Workshops will be held with city staff, library administrators and staff, and with the community at large to develop consensus about the role of the library as a community center, educational resource and focus of information technology. This shared vision for the library will influence the functional organization of the building and its architectural character. It will also play a role in the subsequent evaluation of alternative design concepts. In-depth dialogue with library staff and administrators will identify detailed size, configuration and adjacency requirements for library spaces and will quantify the collections to be housed, as well as the type and quantity of various reading and study areas. Qualitative and quantitative criteria will both be considered in developing the overall program requirements. Deliverables from this phase of work will include a narrative description of the goals, objectives and conceptual direction of the library, as well as a detailed tabulation of space requirements, including furnishings and equipment needs. Diagrams indicating internal functional relationships within the building will also be part of the Programming Deliverables. 2.00 Site and Context Analysis: This work effort will occur simultaneously with the Programming process and will be accomplished by the Steele Group, with no subconsultant participation. Deliverables will consist of two separate diagrams overlaid on the site survey: first, a diagram recording all observations relating to the site and its surroundings which should be taken into account in siting and designing the building; and second, a composite diagram suggesting plan arrangement, building orientation, relationship between interior and exterior spaces, potential access points, three-dimensional building form and other considerations arising from the forces of the site and its context. Survey: Perform a field survey of the boundary along the north and east property lines only for horizontal control. Perform site topography on a 25-foot grid basis, plus curb and gutter elevations, elevations of adjacent parking lot, field location of utilities features, research and plotting of record utilities onto the plan, and preparation of a 1"=20' scale plot drawing of the survey results. 3.00 Conceptual Alternatives: The purpose of this phase is to produce and evaluate several alternative ways in which the library building might be internally organized and situated on the site, and to study phasing strategies for its future expansion. With the approved program and site/ analysis as a starting point, we will generate alternative design concepts, including diagrammatic floor plans, to scale, and building form studies in small-scale study models and elevation drawings or perspective sketches. These concepts will be presented both to City staff and in public workshops. Each alternative will be evaluated and ranked against the goals and objectives identified in the Program Statement, including a listing of positive and negative attributes; each will also be ranked in terms of comparative construction cost. Based on the comparative evaluation of conceptual alternatives, a preferred design direction for the La Quinta Library will be selected, and the chosen alternative will form the basis for further design studies. Tom:Desktop Folder:La Quirita Scope.doc Page 1 of .5 Deliverables from this phase will consist of conceptual plans, elevations and study models, as indicated above, as well as documentation of comparative evaluations and cost comparisons for design alternatives. 4.00 Schematic Design: The purpose of this work effort is to produce a definitive design solution based on the selected concept from the Conceptual Alternatives phase, above. The Steele Group will develop a design direction for the 20,000 sf library and will indicate how future growth of library functions will occur within the 20,000 sf building shell. Architectural deliverables will include a rendered floor plan, rendered building elevations and sections, a study model to illustrate overall building form, and a preliminary color and materials presentation board. Civil Engineering - Perform field investigation of the site and verify data from site survey, key site issues, field measure locations of improvements not obtained on survey, etc. Utilizing data from field investigations and survey, prepare a base drawing for use by the design team. Verify locations of utility connection points for sewer, water, and drainage. Determine adequacy of existing laterals and/or ability to perform new laterals to serve the building. Utilizing conceptual site design prepared by architect, prepare conceptual grading plan for review by design team. Upon review by team, provide revisions and resubmit conceptual grading plan for review with balance of schematic documents by client. Landscape Architecture - Develop an overall site plan indicating building relationship to the site and master plan, overall landscape design concept, basic identification of plant materials, and design intent for grading and drainage. Deliverables will include a rendered site plan, photos of proposed plant materials, preliminary grading and drainage concepts (to be documented by Civil Engineer), and description of site amenities. Structural Design - Preliminary evaluation of structural systems, description of basis of design, and development of a sketch framing plan indicating the preliminary disposition of primary structural elements. M/E/P Design - Preliminary load calculations and recommendations for performance of building envelope. Exploration of alternative systems, including conceptual recommendations for energy conservation measures. Investigation of incentive programs through utility providers to reduce long-term energy costs. Recommendations for conceptual approach to lighting systems, use of daylighting, control systems, etc. Deliverables will include research reports, system descriptions, diagrams of HVAC, plumbing, and electrical systems sufficient to support initial cost analysis. Cost Analysis - Prepare a fully detailed Elemental Cost Plan based on the Schematic Design package prepared by the A/E Team. This Cost Plan will accurately quantify and cost all elements of the project and provide a detailed analysis on how the construction budget is distributed throughout these elements. This document not only provides a budget breakdown, but can be used by the A/E Team/Cost Consultant as a cost control tool to help ensure full utilization of the Construction Budget. 5.00 Design Development: Upon approval of the Schematic Design solution and related cost estimate, the Steele Group will further develop and refine the architectural design, identifying construction systems, materials, key detailing, interior architecture, reflected ceiling plans, etc. The overall purpose of this phase of work is to work through the detailed design and discipline coordination issues that need to be resolved before Construction Documents proceed. The architectural deliverables are CADD-generated floor plans, exterior and interior elevations, building sections, reflected ceiling plans, door and window schedules, finish schedules, and more extensive selection of materials and finishes. Architectural design of lighting systems, integration of HVAC and other mechanical systems, etc., will also be part of this package. Civil Engineering - Utilizing comments received from client during schematic design, refine the schematic design for use in the design development submittal. Verify ADA accessibility to all required entries from public sidewalks/streets. Set finish floor grade and other key elevations. Finalize method of providing fire sprinkler protection, locations of Fire Department connections, PIV's, sprinkler services, etc. Meet with Fire Toin:Desktop Folderla Quirita Scope.doc 'a€�u 2 of Department to determine other fire access related issues, fire hydrant locations, etc. Finalize design development plan, including conceptual grading drawing and wet utility/paving plan. Landscape Architecture - Update base maps; enlarge and study key areas; identify and delineate products, materials, equipment and finishes; hardscape detailed layout; development of grading and drainage studies; sections, elevations and perspective studies; detailed plant material palette; planting layout; compile and sketch details; compile outline specifications. Structural Design - Further development and detailing of selected structural system; sizing of structural members; development of key details; refinement of overall framing plan. Deliverables will include a complete set of reproducible vellums including structural plans, sections and details for floor, roof and wall framing suitable for cost estimating. M/E/P Design - Proceed with design development as modified by the comments from the schematic design documents. The building envelope design will be analyzed to comply with the Title 24 and fixed. HVAC design will refine the equipment size, weight and location. Plumbing design will locate points of connection to the site. Electrical design will design the building service. This submittal will provide the final Basis of Design and design development drawings using the architectural backgrounds to indicate major equipment and routing of service. Cost Analysis - Prepare a fully detailed Elemental Cost Check based on the Design Development package prepared by the A/E Team and in a form which can be directly related to the Schematic Design Cost Plan. This enables all cost overruns/underruns to be clearly identified and any Value Engineering/remedial design work addressed to the areas in which it is required. This tracking of the Construction Costs in an elemental form helps short circuit the possibility of a particular element of the design getting out of control in terms of cost and relationship with other elements of the project. In addition, attendance at all necessary design team meetings during this phase and the preparation/analysis of Value Engineering suggestions are included in our fee for this stage. 6.00 Construction Documents: Upon approval of the Design Development submission and related cost estimate, the Steele Group will proceed with Construction Documents. In effect, CD's are a further development, detailing and delineation of all of the components identified in the DD phase. We will also coordinate the efforts of the engineering consultants to yield a comprehensive permitting and bidding package. Civil Engineering - Prepare construction drawings for inclusion in design team's bid and permit package. Civil drawings to include: Precise grading plan design at 1" = 20' scale. Wet utility design, including locations, sizes, and materials for all water, sewer, and drainage facilities. Facilities to include sprinkler connections, PIV's, BFP's, fire hydrants, sewer laterals, cleanouts, etc. Horizontal Control/Paving Plan: Prepare 1" = 20' scale HC and paving plan, including full control for the location of the building and site improvements, as well as defining types of site hardscaping, steps, ramps, etc. Site Details: Provide site details as necessary for those items of work not covered by City or County standard drawings. Specifications: Provide supplemental specifications which are required beyond the scope of standard specifications utilized by the City of La Quinta. Specifications to be provided in digital format to architect for inclusion in master specifications. Process construction drawings to the City and Water District for final approval, ready for permitting and bidding. Landscape Architecture - Prepare final drawing base sheets; prepare enlarged study areas; final documentation of products, materials, and finishes; produce final -form legends and notes for planting and irrigation; finalize grading and drainage plans; finalize planting plans; provide construction, planting, and irrigation details; revise and format final specifications. Structural Engineering - Generate final structural drawings, final structural calculations for submittal to building authorities, mark-up of final specifications. Prepare responses to plan -check comments on structural issues and modify or correct submittal drawings accordingly. TornDesktop Folderla Quinta 5cope.doc Paige 3 of :+ M/ER Engineering - Proceed with construction documents as modified by the comments from design development. A 50% submittal will provide drawing development for all three disciplines, outline specifications and Title 24 analysis. A 90% submittal will provide drawings development and coordination, and draft copy of all specifications. The final submittal will provide signed drawings, Title 24 documentation for the envelope, mechanical and electrical disciplines and final specifications ready for plan check/construction. Cost Analysis - Before issuance of the construction documents for bidding purposes, a 100% Construction Document Cost Check shall be carried out to confirm that the project, as detailed, is within the total capital funds available for award purposes. This document shall again be in the same format as both Schematic Design and Design Development for tracking purposes. All necessary design team meetings and ongoing cost consulting have been included in our fixed fee for this stage. 7.00 Permit and Bid: The Steele Group will coordinate and prepare the construction document package for City submittal for Building Permit and to be issued for bid. During the permit process, The Steele Group will respond to City comments and coordinate consultant revisions to City comments. Construction document packages will be resubmitted as required by the City, and The Steele Group will meet with City Officials to review and resolve City concerns. A pre -bid meeting will be held prior to issuing for bid. During the bid period, The Steele Group will respond to Bidder's inquiries and issue addenda as needed. The Steele Group will aid in reviewing the bids upon reception of bids at the close of the bid period, and confer with City Staff in the recommendation of award. 8.00 Construction Administration: During the construction process, we will provide the following services: Attend pre -construction meeting. Attend regular jobsite meetings with owner and general contractor (weekly or bi-weekly dependent on the stage of construction); consultants will attend jobsite meetings as needed to monitor the progress of their disciplines or to address special conditions. Review Contractor submittals and respond accordingly. Respond to contractor Requests for Information. Issue Instruction Bulletins in response to Contractor RFI's or issues which arise in the field. Review Change Requests that are submitted by the General Contractor and advise the Owner accordingly. Conduct a monthly observation of construction progress, review the Contractor's monthly Application for Payment and advise the Owner accordingly. Perform construction changes to the design, if needed, in order to respond to modifications recognized during the construction phase. Work with the General Contractor to maintain a set of redlined construction progress prints, onsite, which will form the basis of the final Record Drawings. Conduct final punchlist inspection with the General Contractor; issue Certificates of Substantial and Final Project Completion. Toin:®esktop Folder:La Quirita Scope.doc Page 4 of 5 9.0 Record Drawings: Upon completion of construction, the Steele Group and its consultants will prepare a complete, reproducible set of Record Drawings, documenting changes to the project from the approved Construction Documents which have been agreed to and have occurred during the construction process. Record Drawings will be based upon red -lined construction progress prints maintained on -site by the General Contractor, in addition to Instruction Bulletins and Change Orders issued by or approved by the Architect. 10.0 Furnishings & Equipment: As the project proceeds into the Design Development and Construction Documents, the Steele Group will work with the building committee and library administration to identify layouts and quantities of movable furnishings and equipment for the building. Based upon these layouts, and in accordance with the established furnishings procurement budget, we will recommend the selection of specific furnishings items for all portions of the library, including book shelving, study carrels, reading tables, seating, and miscellaneous items which are not fixed components of the construction contract. Upon City approval of the furnishings selections, the Steele Group will issue specifications for all of the selected pieces, suitable for competitive bidding by various suppliers. We will review the proffered bids and recommend award of contract. We will also work with the selected supplier to coordinate the installation of furniture and equipment. To:r.:Deskicp Falder.La Quinta 5cope.doc Page 5 of 5 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Cost Proposal Sheet attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Five Hundred Fourteen Thousand Seven Hundred Seven Dollars ($514,707.00 ) except as specified in Section 1.6 - Additional Services of the Agreement. The following summary is presented: Base Contract Amount: $477,507.00 Reimbursable Expenses: $37,200.00 (Reimbursable Expenses shall be billed at cost plus 10%) Total Contract Not to Exceed Amount: $ 514,707.00 OPTIONAL SERVICES The City of La Quinta, at its sole discretion, may choose to initiate Construction Observation Services, to include the preparation of record drawings, with the M.W. Stele Group, Inc. as a part of this Agreement. The option fee for such services shall not exceed One Hundred Seven Thousand Eight Hundred Seventy Nine Dollars ($107,879.00). CITY OF LA QUINTA MUNICIPAL LIBRARY M.W. STEELE GROUP FEE SUMMARY ARCHITECT WORK TASK 20,000 Difference 1. Proqramming & Project Definition $14,240.00 $0.00 2. Site/Context Analysis $5,490.00 $0.00 3. Conceptual Alternatives $17 460.00 $0.00 4. Schematic Design $30,150.00 $0.00 5. Desi n Development $53,180.00 $13,880.00 6. Construction Documents $88,870.00 $32 180.00 7. Permitting $6,880.00 $0.00 10. Furnishing & Equipment $54,200.00 $13,200.00 DESIGN TOTAL: $270 470.00 $59,260.00 OPTIONAL WORK TASKS 8. Construction Administration $58,710.00 $8,810.00 9. Record Drawings $9,360.00 $2 720.00 CONSTRUCTION OBSERVATION TOTAL: $68 070.00 $11 530.00 STRUCTURAL ENGINEER WORK TASK 20,000 Difference 1. Programming & Project Definition $0.00 2. Site/Context Analysis $0.00 3. Conceptual Alternatives $0.00 4. Schematic Design $5,000:00 $0.00 5. Design Development $7,605.00 $3 105.00 6. Construction Documents $17 780.00 $7,790.00 7. Permitting $0.00 10. Furnishing & Equipment $0.00 DESIGN TOTAL: $30 385.00 $10 895.00 OPTIONAL WORK TASKS 8. Construction Administration $7,620.00 $3 120.00 9. Record Drawings $2 420.00 $1 210.00 CONSTRUCTION OBSERVATION TOTAL: $10 040.00 $4 330.00 COST MANAGEMENT WORK TASK 20,000 Difference 1. Programming & Project Definition $0.00 2. Site/Context Analysis $0.00 3. Conceptual Alternatives $4 800.00 $0.00 4. Schematic Design $7 040.00 $0.00 5. Design Development $9,200.00 $3 660.00 6. Construction Documents $11 000.00 $2 680.00 7. Permitting $0.00 10. Furnishing & Equipment $0.00 DESIGN TOTAL: 1 $32 040.00 $6,340.00 OPTIONAL WORK TASKS 8. Construction Administration $0.00 9. Record Drawings $0.00 CONSTRUCTION OBSERVATION TOTAL: $0.00 $0.00 TOTAL PROPOSED FEES 20,000 SQUARE FEET: 1 $477 507.00 TOTAL OPTIONAL TASKS 20,000 SQUARE FEET $107 879.00 GRAND TOTAL 20,000 SQUARE FEET: $585 386.00 LANDSCAPE ARCHITE 000 1 Difference $0.00 $0.00 $0.00 $7,924.00 $1202.00 $10 870.00 $2 180.00 $13,648.00 $2 846.00 $0.00 $0.00 $32,442.00 $6,228.00 $5 900.00 $1 610.00 $0.00 $5 900.00 1 $1 610.00 CIVIL ENGINEER 20,000 Difference $0.00 $1 320.00 $0.00 $0.00 $11,936.00 $0.00 $1 460.00 $0.00 $4134.00 $0.00 $0.00 $0.00 $18 850.00 $0.00 $1,574.00 $0.00 $0.00 $1574.00 $0.00 ANICAL/ELECTRICAL ENGI 20,000 Difference $0.00 $0.00 $0.00 $17 690.00 $0.00 $32 010.00 $7 130.00 $43 620.00 $10 160.00 $0.00 $0.00 $93 320.00 $17 290.00 $16,595.00 $5 495.00 $5 700.00 $1,750.00 $22 295.00 $7 245.00 10 p � � ; i I i��� j r CD cli 71 IL !C-4 V!C-4 IV IL i IV C14 c O:e LO 40) ca -2:- E Lo V) 0 O(D .0 CL 0 -E E 79 E Lo Lv r 0 c CL a. E E c 0 0 10 E t! E CL' Ima ILL. —j LL. 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LD c c 3 aea Irl ( j 1 I i�iw d w w IQ1 �1 �{ i ! c �I 2, N j oIW y � Q ts AI 3 A IN 1 a �-f y y �I J ` go°� 3 I jclacp �> a 3 i !v� in E jNI `O y IL m 3 i io� o D o f i ojo o I I i poi J IL i eDi.m m to m ...._ .. i ...._'00i0._°D... K O_ Y N O AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH MW STEELE INC. FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE MUNICIPAL LIBRARY, PROJECT NO. 2000-06 Per Section 9.3 of the aforementioned Agreement, both parties agree to the following: Exhibit B is amended to add $48,000 to the Optional Services amount for a total optional services amount of $155,879 Section 2.1 of the contract is amended to read as follows: 2.1 Contract Sum For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation) in a total amount not to exceed Six Hundred Seventy Thousand, Five Hundred Eighty -Six Dollars ($670,586) ... the rest of the Section to remain unchanged. City of La Quinta a California municipal Corporation Thomas P. Genovese, City Manager ATTEST: Ju reek, City Clerk II/ Date G:\LIBRARY\STEELE AMENDMENT.DOC APPROVED AS TO FORM: i /r M. Kather ne Jenson, Ci Attorney CONS TANT: W Group Inc. By: 41Y Name: Title: Date: G:\LIBRARY\STEELE AMENDMENT.DOC