March 14, 2017, 2:00 P.M.

Transcription

1 REQUEST FOR QUALIFICATIONS AND PROPOSALS ARCHITECTURAL SERVICES: SADDLEBACK COLLEGE South Orange County Community College District (SOCCCD) is inviting submittals from qualified firms, partnerships, corporations, associations, or professional organizations to provide Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College. Evaluation will result in an Agreement expected to provide comprehensive professional services to SOCCCD beginning day after Board approval. If you would like to submit a response to this Request for Qualifications and Proposals, please send seven (7) hard copies and one (1) electronic copy of requested materials to: South Orange County Community College District Facilities Planning & Purchasing Health Sciences Building Marguerite Parkway Mission Viejo, CA Attn: Mark Schoeppner Questions regarding this RFQ&P may be directed to Mark Schoeppner, Construction Manager, , or via at mschoeppner@socccd.edu. The District may modify the RFQ&P prior to the deadline for submittals by issuance of an electronic addendum on the district bid website at Firms/Individuals (Firm) may confirm an interest in providing a submittal by ing Mark Schoeppner, mschoeppner@socccd.edu Acknowledging Firms will receive a response with addenda information if any is provided. All responses must be received by mail, recognized carrier or hand delivered by March 14, 2017, 2:00 P.M. Page 1

2 INTRODUCTION Saddleback College seeks to procure Architectural Design Services for replacement of an accessible ramp from Parking Lot No. 9 to campus areas east of the parking lot and path of travel improvements extending to the Student Services Center. The evaluation timeframe is expected to be six weeks. The selected team will work with the campus facilities committee, take an active leadership role in the entire process, and prepare the final documents. These documents will include at the minimum: Design documents including DSA approved plans and specifications, statements of probable cost, all documentation required during the Construction Administration phase and all documentation required to successfully achieve final DSA certification. It is the intent of this Request for Qualifications and Proposals (RFQ&P) to establish the specifications, terms and conditions governing the evaluation process. BACKGROUND: Saddleback College, located in Mission Viejo, celebrated its 40th anniversary on September 23, Saddleback College is approximately 175 acres and serves over 39,000 students each year. The District and Saddleback College has determined that the existing ramp from Parking Lot No. 9 that provides persons with disabilities access to the main part of campus is not in compliance with current Americans with Disabilities Act (ADA) and California Building Code (CBC) requirements. It has also been determined that selective repairs are not feasible to bring the ramps and landings into compliance with current access standards. Further, the Path of Travel from the ramp to the Student Services Center and the Business/General Studies Building is non-compliant. SUBMITTAL INFORMATION AND SUBMITTAL SCHEDULE All submittals shall be in the form and formatted as specified in this RFQ&P. Submittals which do not include all of the elements as specified, or which deviate from the proposed format and content as specified, may be deemed non-responsive by the evaluation committee and eliminated from further consideration. Time is of the essence. Submitting Firms will be expected to adhere to the required dates and times. Submittal questions must be in writing and be directed to Mark Schoeppner via at mschoeppner@socccd.edu with the subject line indicating Question(s) for Architectural Services RFQ&P for Saddleback College, Replacement of Accessible Ramp from Parking Lot 9. If questions are submitted after the deadline, they will not be answered and firms must provide a submittal using the information in the RFQ&P and any addenda provided. Page 2 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

3 Request for Proposals Submittal Schedule RFQ&P - 1 st Advertisement February 17, 2017 RFQ&P - 2 nd Advertisement February 24, 2017 Deadline confirmation of interest March 1, 2017 Deadline for written questions March 8, 2017 Last addendum March 10, 2017 Deadline for RFQ&P Submittal March 14, 2017 Interviews March 28, 2017 Contract Negotiation March 31, 2017 Board Meeting - Approval April 24, 2017 Contract Execution April 25, 2017 During the review of the submittals, SOCCCD will not report apparent errors or request submittal clarification. Submittals will be interpreted as presented. Firms are responsible to proof documents to avoid errors. The delivery package must be clearly marked with the RFQ&P title, Firm s name and address, contact name, and phone number. Submittals may be withdrawn at any time before the deadline by written request of person signing the Certification. Late submittals will be returned to the firm without evaluation and firm will not qualify for consideration. It is the firm s responsibility to ensure submittals are received on or before the deadline and at the identified location. A postmark will not be accepted as meeting the delivery requirement. Third party carriers are routed through the warehouse and may experience delay from carriers stated delivery timeframe. Hand delivery should include time allowances for limited parking, the possibility of elevator failure (third floor delivery) or other potential obstacles to reaching the delivery location in a timely manner. SCOPE OF WORK Services: The Scope of Work includes design of an ADA compliant ramp from Parking Lot 9 to the main part of the Saddleback College Campus and to design a compliant Path of Travel from the ramp to the Student Services Center and the Business/General Studies Building to replace the existing noncompliant conditions which consist of cross slopes that exceed 2 percent. The Architectural services will include the following, as further outlined in the Architectural Service Agreement, a sample of which is included in Attachment B: Page 3 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

4 Overview 1. Schematic Design a. Review of ADA and CBC Standards for accessibility b. Conducted detailed site visit and review of District provided topographic survey. c. Participate in design meeting with Saddleback College and District participants d. Develop and submit schematic design to District for review and approval e. Prepare a preliminary cost estimate based upon the schematic design 2. Design Development a. Complete and submit a detailed preliminary design for review and approval b. Provide a final cost estimate to complete the work 3. Construction Plans, Documents and Bidding a. Prepare, for approval by the DISTRICT, Construction Documents consisting of drawings and specifications setting forth in detail the requirements for the construction of the PROJECT. b. File documents required for the approval of governmental authorities having jurisdiction over the PROJECT, Division of the State Architect. c. Prepare all necessary bidding information and bidding forms required by the DISTRICT and shall assist the DISTRICT in preparing the conditions of the Contractor's contract and coordinating same with the technical specifications, provide technical assistance during procurement including participation in a pre-bid meeting and respond to contractor s Requests for Information (RFI) including technical assistance to the District s construction manager when needed. 4. Construction Administration a. Provide administration of the construction contract including attending weekly construction meetings, responding to contractor s Requests for Information (RFI), reviewing contractor submittals, reviewing change order requests, making weekly site visits rejecting work that does not conform to the construction contract, certifying contractor requests for payment and determining substantial completion. Schedule. The Architectural Services effort is expected to begin upon Board approval after contract negotiation or at the March Board meeting and end no later than July 2018 upon final warranty punchlist inspection, eleven months after construction substantial completion. Construction documents are to be complete and ready to submit to DSA within 60 calendar days of execution of the agreement and Notice to Proceed. The Architect will be provided a topographic survey of the work site and a geotechnical report prior to Notice to Proceed. Tasks. The following are the expected tasks and deliverables associated with the Architectural Services effort: Page 4 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

5 1. Task 1: Project Initiation Meet with District Services and Saddleback College project team to develop and finalize a detailed work plan and schedule which at a minimum will establish meeting and presentation schedules, clarify roles and responsibilities of both staff and consultant teams, and include an evaluation methodology, in accordance with Architectural Services terms and conditions and appropriate to meet the highest standard for Architectural Services. Deliverables: a) Meeting notes b) Final work plan and project schedule c) Roles and Responsibilities Matrix d) Evaluation methodology 2. Task 2: Research and Analysis Phase Review available background materials and any other relevant information relating to the project including, but not limited to: Site Survey Geotechnical Reports Meet with staff members most knowledgeable about the Project. Deliverables: a) Summary of meeting notes with College representatives and key stakeholders b) Draft and final versions of Research and Analysis findings 3. Task 3: Implementation Based upon comments and information received through Task 2, continue work identified under Services above. Deliverables: a) Schematic Design b) Design Development c) Construction Documents INSTRUCTIONS FOR SUBMITTING PROPOSALS Firms shall submit seven hard copies and one electronic copy. Hard copies shall be formatted on standard 8 ½ x 11 white paper with each page clearly numbered on the bottom. Each section, 1 8 listed below, shall be tabbed. The original copy shall be marked Original and must be wet signed by person authorized to bind the firm. Page 5 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

6 Qualifying firms must not be on the federal list of current companies or individuals that have been declared ineligible to receive Federal contracts due to a violation of Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended 29 U.S.C. Section 793; and/or the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. Section All submittals shall be in the form and formatted as specified in this RFQ&P. Submittals which do not include all of the elements as specified, or which deviate from the proposed format and content as specified, may be deemed non-responsive by the evaluation committee and eliminated from further consideration. Statement of Qualifications and Proposals should minimally include the following information: 1. Cover Letter. A maximum one-page, dated Introductory Letter must be submitted including the date, legal name of the respondent, address, telephone and fax numbers, and the name, title, and signature of the person(s) authorized to submit the proposal on behalf of the firm. a. Note: Attachment E, the Qualification Matrix, should be completed and placed in this section behind the executive summary. This form will be used as part of the review process. 2. Personnel. This section of the proposal should establish the ability to satisfactorily perform the required services. Information shall further specifically include: a. Person to be assigned to this Project. b. All personnel assigned to District projects must: i. Possess the minimum qualification to perform the services provided ii. iii. iv. Have knowledge and understanding of terms and conditions, major services and activities required to perform services Have a minimum of five years of directly related experience. Provide sample projects that are representative of a similar project type. Have not entered into a subcontract with any Firms who are ineligible to perform work on a public works project pursuant to Labor Code or c. Include resumes of proposed personnel who will be assigned to the Project. Provide professional qualifications. Specifically define the role of each person and outline his or her individual experience. Identify any certifications or licenses held (No more than one page per person). d. Firms must provide a statement that all proposed participants will meet or exceed the minimum qualifications specified herein 3. Services. Define the number of years you have worked with each consultant proposed as part of potential project teams. (One page maximum) 4. Work Plan. Provide a Work Plan for completing the design in an efficient manner, with construction documents complete within 60 calendar days of execution of the agreement and Page 6 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

7 notice to proceed. The Architect will be provided a topographic survey of the work site and a geotechnical report prior to Notice to Proceed. 5. Professional Fees. Provide with your proposal one copy of a fixed fee in a sealed envelope. Itemize the fee similarly to the breakouts found in the sample agreement. The evaluation committee will make their recommendation based on qualifications and will then enter contract negotiations including fee based discussions. A Fixed Fee proposal will be based on fully-loaded hourly billing rates for each classification. When providing costs, proposal shall include costs for all required overhead expenses including insurance. Travel cost from the Firm s place of business including time, overhead and related expenditures shall be incorporated into the unit prices for each line item and are not to be identified as separate costs. Firms are expected to perform services at the rate amount in the fee proposal regardless of the possibility that staff is drawn from a variety of office locations. Fixed Fees provided in this submittal will be used as the basis for contract negotiations. The final all inclusive rate shall be negotiated after the evaluation process. Any increases must be approved in writing by the District prior to the performance of service. Agreements will be based on a lump sum basis. No separate payment will be made for any other costs of performance or out of pocket expenses, including, without limitation, mileage or time required for dispatching personnel to District locations, subsistence, lodging, fuel charge, vehicle use, transmitting reports, administrative charges, or other similar activities necessary for performance of the services except for personnel that are required to travel from a college location to perform services at a destination that is more than 50 miles from Saddleback College, Irvine Valley College or the ATEP location. If this circumstance occurs, firm shall first obtain written approval and will be reimbursed at the rate for mileage (for such mileage over 50 miles) set forth by the United States Internal Revenue Services and for per diem travel as set forth by the US General Services Administration. Proposers shall specifically include hourly rates for full time services in their proposals for the categories noted in Attachment C, Criteria and Billing for Extra Work. Adjustments may be made to titles to accommodate Firms nomenclature and available services. Identify any constraints or assumptions that affect the proposed fee. Services that are not specifically included in RFQ&P Attachments may be provided as supplementary information. Be thorough and specific as this will form the basis of any contract negotiations for services. 6. Client References. This section of the proposal permits firms to demonstrate their ability and competence to satisfactorily perform the required services by referencing similar services recently completed for other clients. Information should be furnished for the individual included in the proposal for this Project and shall include: e. Project name, location and description f. Client contact name g. Telephone number h. address Page 7 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

8 This section may also include letters of recommendation or testimonials 7. Agreement Review. Review and comment on any proposed modifications to the attached draft Agreement. Recommend additional work scope if appropriate to allow for improved outcome for the District. 8. Certification. Complete, provide authorized signature, and date the CERTIFICATION - REQUEST FOR PROPOSALS enclosed with this RFQ&P. Responses to the RFQ&P should be complete and be prepared to provide an insightful, straightforward, and concise overview of the capabilities of your company. Deviation from the defined content, order and format prescribed in this RFQ&P may result a non-responsive evaluation. Submittals received after the due date and time will not be considered or reviewed. The emphasis of your submittal should be on completeness and clarity of content. The District reserves the right to waive any immaterial deviation in a submittal. The decisions to provide a waiver shall in no way modify or compromise the overall purpose of the submittal, nor excuse the Firm from full compliance with all requirements if awarded an Agreement. The sample standard agreement (Attachment B) is not to be included with the Firm s submittal. BASIS OF AWARD The evaluation and recommendation of the Architectural Services will be a three-stage process. The first stage will be a proposal analysis based on Project specific experience. 1. The second stage (if deemed necessary) will include short-listed firms invited for an interview to present their full understanding of and responsiveness to this RFQ&PP and their specific experience and approach. 2. The third and final stage is successful contract negotiations. At the conclusion of the second stage, Architectural Services, Saddleback College for Replacement of Accessible Ramp from Parking Lot 9 will be selected on the basis of criteria regarding experience and demonstrated competence as well as the best interests of the District as determined by the committee, including consideration of fair and reasonable pricing. Prior to presenting a recommendation to the Board of Trustees (if deemed necessary), District staff will engage in contract negotiations with selected firm. If negotiations with the first team selected are unsuccessful, negotiations will commence with the second team and so on until an agreement has been successfully negotiated or SOCCCD rejects all proposals. Note: By virtue of submission, the proposing firm declares that all information provided in the Statement of Qualifications is true and correct. Page 8 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

9 MISCELLANEOUS 1. General information about SOCCCD may be found at Recent projects are listed at the Bids tab. 2. All submittals shall remain active and valid for ninety days following closing date for receipt. The District reserves the right to negotiate the scope and cost of any submittal. 3. Recommendation may be made solely on the basis of the submittal review or the evaluation committee may deem it necessary to interview applicants as part of the evaluation process. 4. The proceedings of the evaluation committee are confidential. Members are not to be contacted by the proposers. All communication between proposers and the District shall be through the contact information provided above for submitting RFQ&P materials. 5. All materials submitted in response to this RFQ&P shall become the property of SOCCCD and shall be considered a part of Public Record. The District reserves the option to retain or dispose of all submittals whether recommended or rejected. 6. Only written changes to the RFQ&P will be valid. Verbal representations will not be binding on either party. Proposers are responsible to monitor the district bid page for addenda information. 7. SOCCCD may modify the RFQ&P prior to the deadline for submittals by issuance of an electronic addendum on the bid website. SOCCCD reserves the right to reject any or all responses to this RFQ&P. Any and all costs incurred in preparing and submitting a response to this RFQ&P is the sole responsibility of the proposer. This request does not constitute an offer of employment or a contract for services. 8. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) and awarded (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section [with limited exceptions from this requirement for bid purposes only under Labor Code section (a)]. QUESTIONS FROM POTENTIAL RESPONDENTS Questions regarding this RFQ&P may be directed to Mark Schoeppner, Construction Manager, at (949) or via at mschoeppner@socccd.edu. The District may modify the RFQ&P prior to the deadline for submittals by issuance of an electronic addendum on the district bid website. Specific Inclusions 1. Attachment A: Certification Request for Qualifications 2. Attachment B: Sample Agreement for Architectural Services. 3. Attachment C: Sample fee schedule for extra work Page 9 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

10 4. Attachment D: Sample Invoice for monthly billings 5. Attachment E: Architectural Services Qualification Matrix 6. Attachment F: Site Map of Ramp Specific Work 7. Attachment G: Topographic Survey of Ramp Area 8. Attachment H: Topographic Survey of Entrances to Student Services Center and Business/General Studies Building Proposals shall be received up to but not later than 2:00 p.m., on the date listed in the schedule. Page 10 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

11 CERTIFICATION REQUEST FOR PROPOSALS CERTIFICATION - REQUEST FOR PROPOSALS RFQ&P - Attachment A The undersigned hereby proposes and agrees to furnish any and all required labor, equipment, material, transportation, insurance, and incidentals necessary to provide quality services pertaining to this solicitation in accordance with the terms and conditions of the RFQ&P; declares that the only persons or parties interested in this submittal as principals are those named herein; that this submittal is made without collusion with any other person, firm or corporation; that the undersigned will contract with SOCCCD to provide these services to the District in the manner prescribed herein. I certify that I have read the attached Request for Qualifications & Proposals Architectural Services and the instructions for submitting proposals. I further certify that I am authorized to bind the Firm noted in this submittal contractually, know that I must provide seven hard copies and one electronic copy of the Firm s submittal in response to this request and that I am authorized to commit the Firm to the submittal. I acknowledge the following addenda(s) Signature Typed or Printed Name Title Phone Address Provide Seal here, if Corporation Page 11 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

12 RFQ&P - Attachment B See attached Sample Agreement for Architectural Services. Page 12 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

13 RFQ&P - Attachment C CRITERIA AND BILLING FOR EXTRA WORK The following rates which include overhead, administrative cost and profit shall be utilized in arriving at the fee for extra services. The hourly rates reflected below shall be effective by date of execution of this Contract and shall be revised each twelve (12) months; thereafter, based upon changes in the Consumer Price Index for the previous twelve month period, using the CPI for the geographical area of the CONSULTANT. CONSULTANT Services Principal Associate Project Manager Special Services: CEO/Principal Consultant Clerical Fee Per Hour $XXX $XXX $XXX $XXX $ XXX Page 13 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

14 SAMPLE: TEMPLATE FOR MONTHLY INVOICE RFQ&P - Attachment D Invoices for services shall be provided once per month and within 60 calendar days of performance of the services. Invoice Project Manager Date: TBD South Orange County Community College District SOCCCD Project Number: TBD Marguerite Parkway Consultant Invoice number: Mission Viejo, CA Purchase Order: TBD Project: Name College Name of Services Consultant TBD Consultant Address City / State / Zip code Phone Number Professional Services from Month/01/Year - Month/31/Year Billing Percent of Fee Fee % Comp Earned Previous Billing Current Billing Balance Remaining Task I XX XX.00 Task II XX XX.00 Task III XX.00 TOTAL CONTRACT AMOUNT XX.00 Amendment 01 REVISED CONTRACT AMOUNT XX.00 Reimbursable Expenses List reimbursable items Total Reimbursable rate at 1.1 times TBD 1.1 TBD TOTAL THIS INVOICE Page 14 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

15 RFQ&P - Attachment E ARCHITECTURAL SERVICES QUALIFICATION MATRIX Firm Location (City/State) NOTE: Firm to validate quantities listed on this sheet with supporting documentation in appropriate proposal tab sections. TAB Description 1 Cover Letter - Professional/Format/Signed 2 Personnel Proposed personnel and sample projects Resumes 3 Services Number of years worked with each consultant 4 Work Plan Provide Work Plan 5 Professional Fees 6 Client References/Recommendations Number of References with phone numbers Number of Written Recommendations from past clients, testimonials Phone interview results 7 Agreement Review Review and comments attached 8 Certification signed w/ correct # of addenda noted Page 15 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

16 RFQ&P - Attachment F Site Map of Ramp Specific Work Page 16 Bid 2064 RFQ&P for Architectural Services for Replacement of Accessible Ramp from Parking Lot 9 at Saddleback College

17 TABLE OF CONTENTS AGREEMENT - ARCHITECTURAL SERVICES, ACCESSIBLE RAMP TO LOT 9, SADDLEBACK COLLEGE... 2 ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES... 2 ARTICLE 2 SCOPE OF ARCHITECT'S SERVICES... 3 ARTICLE 3 ADDITIONAL ARCHITECT'S SERVICES... 9 ARTICLE 4 TERMS OF SERVICE ARTICLE 5 INDEMNITY AND INSURANCE ARTICLE 6 COMPENSATION TO THE ARCHITECT ARTICLE 7 ARCHITECT S WORK PRODUCT ARTICLE 8 TERMINATION ARTICLE 9 DISPUTES, MEDIATION, ARBITRATION ARTICLE 10 DISTRICT'S RESPONSIBILITIES ARTICLE 11 MISCELLANEOUS EXHIBIT A - RESPONSIBILITIES AND SERVICES OF ARCHITECT EXHIBIT B - CRITERIA AND BILLING FOR EXTRA WORK Page 1 of 42

18 AGREEMENT - ARCHITECTURAL SERVICES, ACCESSIBLE RAMP TO LOT 9, SADDLEBACK COLLEGE This AGREEMENT is made and entered into this 1 st day of Month in the year 2014 between South Orange County Community College District, Marguerite Parkway, Mission Viejo, California 92692, hereinafter referred to as "DISTRICT", and Name, Address, Phone, hereinafter referred to as "ARCHITECT"; WHEREAS, DISTRICT desires to obtain architectural services for College and Project Name more fully defined per the attached X, hereinafter referred to as "PROJECT"; and WHEREAS, ARCHITECT is fully licensed to provide architectural services in conformity with the laws of the State of California; and NOW, THEREFORE, the parties hereto agree as follows: ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES 1.1. Services. The ARCHITECT's services shall consist of those services performed by the ARCHITECT and ARCHITECT's employees as enumerated in this AGREEMENT Standard of Care. ARCHITECT shall provide the Services and authorized Additional Services using its best professional skill and judgment, acting with due care and in accordance with professional standards of care, the terms of this Agreement, and all applicable laws, codes, rules, regulations or ordinances. ARCHITECT s Services shall be provided and completed promptly and in such a manner as to avoid hindrance, interruption, or delay to the orderly progress and timely completion of Project. ARCHITECT shall without additional compensation, correct or revise any errors or omissions in its studies, reports, and other services Key Individual Assignment. The ARCHITECT has been selected to perform the work herein because of the skills and expertise of key individuals. ARCHITECT assignment for this PROJECT is for one Project Manager and one Project Engineer. The ARCHITECT shall designate Name, as Project Executive, and a management team of Name as Project Manager and Name as Senior Project Engineer. So long as their performance continues to be acceptable to the DISTRICT, these named individuals shall remain in charge of the PROJECT. Additionally, the ARCHITECT must furnish the name of all other key people in ARCHITECT s firm that will be associated with the PROJECT Replacement of Key Individual. If the designated project manager or any other designated lead or key person fails to perform to the satisfaction of the DISTRICT, then upon written notice the ARCHITECT will have 10 working days to remove that person from the PROJECT and replace that person with one acceptable to the DISTRICT after review of resume and/or Page 2 of 42

19 interview. A project manager and all lead or key personnel must also be designated by the ARCHITECT and are subject to all conditions previously stated in this paragraph Relationship of ARCHITECT to Other Project Participants. ARCHITECT s services hereunder shall be provided in conjunction with contracts between the DISTRICT and: (a) the Contractor; (b) the Inspector; (c) Test/Inspection Service Providers; and (d) others providing services in connection with bidding and/or construction of the PROJECT. The Architect is responsible for the adequacy and sufficiency of the PROJECT design and the contents of Design Documents for the PROJECT. The Architect shall perform its duties in accordance with its contract(s) with the DISTRICT. ARCHITECT shall coordinate all work with DISTRICT consultants as necessary to complete contract requirements Project Schedule. The ARCHITECT acknowledges that all time limits stated in this Agreement are of the utmost importance to DISTRICT. The ARCHITECT shall submit for the DISTRICT's approval a schedule for the performance of the ARCHITECT's services. The schedule may be adjusted as the PROJECT proceeds by mutual written agreement of the parties and shall include allowances for time required for the DISTRICT's review and for approval by authorities having jurisdiction over the PROJECT. The time limits established by this schedule shall not, except for reasonable cause, be exceeded by the ARCHITECT Duration. The services covered by this AGREEMENT shall be completed within X months of the date of this AGREEMENT except for the post construction phase work to obtain DSA certification. ARTICLE 2 SCOPE OF ARCHITECT'S SERVICES 2.1. Services. The ARCHITECT's services (Services) consist of those described in Article 2 and further delineated in Exhibit A, and include normal civil, structural, mechanical, electrical, landscape engineering services, lab designer, and furniture, fixture and equipment consultation services and cost estimating services necessary to produce a reasonably complete and accurate set of construction documents except those engineering services provided by the DISTRICT Qualified Personnel. The ARCHITECT shall provide enough qualified personnel to properly perform services required under this AGREEMENT and DISTRICT shall have the right to remove any of ARCHITECT S personnel from the PROJECT Subconsultants. The ARCHITECT has submitted a list of qualified engineers for the PROJECT. ARCHITECT shall ensure that each engineer places his or her name, seal and signature on all drawings and specifications prepared by said engineer. The ARCHITECT is responsible for the management of their consultants in order to meet the terms of all phases of this agreement. Nothing in the foregoing shall create any contractual relationship between DISTRICT and any consultants employed by ARCHITECT under the terms of this Agreement. ARCHITECT is as responsible for the performance of its consultants as it would be if it had rendered these services itself. Page 3 of 42

20 2.4. Written Understanding. The ARCHITECT shall ascertain the DISTRICT's needs and the requirements of the PROJECT and shall arrive at a mutual written understanding of such needs and requirements with the DISTRICT, prior to drafting preliminary designs for the PROJECT Written Records. The ARCHITECT shall make a written record of all meetings, conferences, discussions and decisions made between or among the DISTRICT, ARCHITECT and Contractor during all phases of the PROJECT and concerning any material condition in the requirements, scope, performance and/or sequence of the work. The ARCHITECT shall provide a draft copy of such record to the DISTRICT for review and comment, make adjustments and provide a final copy to the DISTRICT and a copy to the Contractor upon request Schedule Budget Analysis. The ARCHITECT shall provide a written preliminary evaluation of the DISTRICT's PROJECT, schedule and construction budget requirements, each in terms of the other and shall advise the DISTRICT, in writing, of any adjustments to the estimate of Construction Cost. Such evaluation shall include alternative approaches to design and construction of the PROJECT Construction Cost. The construction cost shall be the total estimated cost to the DISTRICT of all elements of the PROJECT designed or specified by the ARCHITECT. a. During the Schematic Design, and Design Development construction cost shall be determined by the DISTRICT's budget for the PROJECT. Construction costs will be assessed during the Design Development phase. At the DISTRICT s discretion and upon approval, scope or budget may be adjusted if necessary for the Construction Document phase. b. During the bidding phase, construction cost shall be determined by the lowest responsible bid. c. During construction, construction cost shall be determined by the contract sum or as amended by any change orders approved by the DISTRICT. d. Construction costs are considered hard project costs and therefore does not include the compensation of the ARCHITECT and ARCHITECT's consultants, or other costs which are the responsibility of the DISTRICT. e. The ARCHITECT's evaluations of the DISTRICT's PROJECT budget, preliminary estimates of construction cost and detailed estimates of construction cost represent the ARCHITECT's best judgment as a professional familiar with the construction industry. f. Any PROJECT budget or fixed limit of construction cost shall be adjusted, according to the most recent inflationary rate as reflected in ENR, if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the DSA stamped set of Construction Documents to the DISTRICT, to reflect changes in the general Page 4 of 42

21 level of prices in the construction industry between the date of submission of the Construction Documents to the DISTRICT and the date on which bids are sought for the PROJECT. g. If the lowest bid received exceeds the fixed limit of construction cost, the DISTRICT shall: 1. give written approval of an increase of such fixed limit; 2. authorize rebidding of the PROJECT within a reasonable time; 3. if the PROJECT is abandoned, terminate it in accordance this Agreement; or 4. cooperate in revising the PROJECT scope and quality as required to reduce the construction cost. If the DISTRICT chooses to proceed in accordance with this option, the ARCHITECT, without additional charge, shall modify the construction contract as necessary to comply with the fixed limit BIM. The ARCHITECT and their consultant shall employ Building Information Modeling (BIM) using Revit or other approved software and make regular posting to a website accessible to the District throughout the design process. Clash detection will be employed as one form of consultant coordination. The ARCHITECT will be responsible to manage the BIM Model from the Project start to finish. a. The ARCHITECT shall establish protocols for: 1. Model origin, grid and units 2. Information sharing and saving 3. Clash detection b. The ARCHITECT shall: 1. Facilitate collection of sub-consultants model information 2. Maintain record copies of all model files 3. Combine files and develop necessary vehicle to share information to subconsultant and to DISTRICT as pdf files 4. Perform and report on clash detection as deliverable to each phase 5. Assist sub consultants with meeting all requirements c. The ARCHITECT shall be responsible to archive model as a complete bid set and provide same to DISTRICT in pdf format. d. The ARCHITECT and their sub-consultants shall use the following criteria for model development: Page 5 of 42

22 1. Model Content: Elements are actual constructed assemblies accurate in terms of size, shape, location, quantity and orientation. Non geometric information may be attached to the modeled elements. 2. Analysis: The model may be analyzed for system performance by applying specific criteria assigned to the model Elements. 3. Cost Estimating: A cost estimate may be developed based on the specific data using conceptual estimating techniques. 4. Schedule: Schedule information may be organized in order using a time-scale from detailed model elements and systems. 5. Other Authorized Uses: Additional uses of the model may be fully developed if pre-approved and on an as needed basis. e. The ARCHITECT shall allow access to the BIM documents during both bid and construction Sustainability. The project shall be designed in accordance with the requirements to meet LEED Gold certification and paperwork for certification shall be complete by the ARCHITECT. Commissioning and Energy Modeling are outside the parameters of this agreement and will be services employed by the District. These documents shall comply with all applicable laws, statutes, ordinances, codes, rules and regulations currently existing and as amended, enacted, issued or adopted in the future which are applicable to these documents Regulatory Compliance. The ARCHITECT shall comply with all applicable federal, state and local laws, statutes, ordinances, codes, rules and regulations currently existing and as amended, enacted, issued or adopted in the future and which are applicable to the PROJECT Building Codes. The ARCHITECT shall prepare and submit to DISTRICT an outline of applicable provisions of building codes that apply to this project. The outline shall include a written report and diagrammatic drawings which delineate the design criteria (e.g. exit paths, travel distances, required exits, rated walls, rated corridors, building occupancy, construction type, and fire zones.) This graphic documentation of the design criteria shall be updated with each subsequent submittal Existing Conditions. The ARCHITECT shall investigate existing conditions or facilities and make measured drawings of such conditions or facilities Coordination for Geological Report. The ARCHITECT shall develop and provide to the DISTRICT all necessary documentation in order to submit the Geotechnical Report, provided by others, to the California Geological Survey (CGS) and coordinate follow up with Geotechnical Consultant as necessary to obtain CGS approval in order to obtain Division of the State Architect stamped documents Not Responsible for Hazardous Material. Unless otherwise provided in this AGREEMENT, the ARCHITECT and ARCHITECT's consultants shall have no responsibility for the presence, Page 6 of 42

23 handling, removal or disposal of or exposure of persons to hazardous materials in any form at the PROJECT site, including, but not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances SDs to DDs. Based on the approved Schematic Design Documents and any adjustments authorized by the DISTRICT, the ARCHITECT shall prepare, for approval by the DISTRICT, Design Development Documents consisting of drawings and other documents to describe the size and character of the PROJECT as to architectural, structural, mechanical and electrical systems, materials, and such other elements as may be appropriate DDs to CDs. Based on the approved Design Development Documents and any further adjustments authorized by the DISTRICT, the ARCHITECT shall prepare, for approval by the DISTRICT, Construction Documents consisting of drawings and specifications setting forth in detail the requirements for the construction of the PROJECT Coordination for Government Authorities. The ARCHITECT shall file documents required for the approval of governmental authorities having jurisdiction over the PROJECT including funding submittals with the DISTRICT's assistance. Included in this filing shall be an energy modeling document for submittal to the State. The DISTRICT shall pay all fees required by such governmental authorities Bid Prep. The ARCHITECT shall prepare all necessary bidding information and bidding forms required by the DISTRICT and shall assist the DISTRICT in preparing the conditions of the Contractor's contract and coordinating same with the technical specifications. Plans or specifications, which include a requirement that the Contractor provide operation manuals and adequate training for the DISTRICT in the operation of mechanical, electrical, heating and air conditioning systems installed by the Contractor, shall be part of the bid documents prepared by the ARCHITECT Bid Marketing. The ARCHITECT, following the DISTRICT's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the DISTRICT in obtaining bids for the PROJECT Over-Budget at Bid. If the lowest bid exceeds the budget by ten percent for the PROJECT, the ARCHITECT, in consultation with and at the direction of the DISTRICT, shall provide such modifications in the Construction Documents as necessary to bring the cost of the PROJECT within its budget FFE Selection and Procurement. N/A Construction Administration. The ARCHITECT shall provide administration of the construction contract. The ARCHITECT's responsibility to provide services for the construction of the PROJECT commences with the award of a construction contract and terminates at the issuance to the DISTRICT of the final certificate for payment by the ARCHITECT and the final close out acknowledgement by the Division of the State Architect. Page 7 of 42

24 2.23. Evaluate Contractor Performance. The ARCHITECT shall evaluate the performance of the Contractor under the requirements of the construction contract when requested in writing by the DISTRICT Coordination of Others. The ARCHITECT shall coordinate construction performed by separate contractors or by the DISTRICT's own employees Submittals. The ARCHITECT shall review and approve or take other appropriate action upon Contractor's submittals of shop drawings, product data, and samples for the purpose of checking for conformance with the construction contract. The ARCHITECT's action shall be taken as to cause no delay in the work, while allowing sufficient time in the ARCHITECT's professional judgment to permit adequate review and in no case exceed fifteen (15) days after receipt. When certification of performance characteristics of materials, systems or equipment is required by the construction contract, the ARCHITECT shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the construction contract Substitutions. The ARCHITECT shall provide services in connection with evaluating substitutions proposed by the Contractor, obtain written acceptance by the DISTRICT for any changes to the original documents and making subsequent revisions to drawings, specifications and other documentation resulting there from District Representative. The ARCHITECT shall be the DISTRICT's representative during construction and shall advise and consult with the DISTRICT until final payment to the Contractor is due. The ARCHITECT shall have authority to act on behalf of the DISTRICT only to the extent provided in this AGREEMENT unless otherwise modified in writing Site Visits. The ARCHITECT shall visit the site not less than once per week while work is in progress, and as often as necessary and appropriate to the stage of construction, to inspect the site and work; to familiarize himself/herself with the progress and quality of the work; and to determine for the DISTRICT's benefit and protection if the work is proceeding in accordance with the construction contract and schedule. On the basis of his/her on-site observations and inspections as an ARCHITECT, the ARCHITECT shall keep the DISTRICT informed of the progress and quality of the work and he/she shall use reasonable care to guard the DISTRICT against defects and deficiencies in the work and against the Contractor's failure to carry out the work in accordance with the construction contract and the schedule. The ARCHITECT shall provide services made necessary by major defect or deficiencies in the work of the Contractor which through reasonable care should have been discovered by the ARCHITECT and promptly reported to the DISTRICT and Contractor but which he/she failed to do Site Access. The ARCHITECT shall have access to the work at all times Certification of Payment. The ARCHITECT shall review and certify the amounts due the Contractor. The ARCHITECT's certification for payment shall constitute a representation to Page 8 of 42

25 the DISTRICT, based on the ARCHITECT's observations and inspections at the site that the work has progressed to the point indicated, that quality of the work is in accordance with the construction contract and that the Contractor is entitled to payment in the amount certified Reject Work. The ARCHITECT shall reject work which does not conform to the construction contract. The ARCHITECT has authority to require additional inspection or testing of the work in accordance with the provisions of the construction contract, whether or not such work is fabricated, installed or completed Change Orders. The ARCHITECT shall prepare change orders with supporting documentation and data for the DISTRICT's approval and execution in accordance with the construction contract, and may authorize minor changes in the work not involving an adjustment in the contract sum or an extension of time. The ARCHITECT shall evaluate and make written recommendations regarding Contractor's proposals for possible change orders. DSA change orders shall be submitted for approval on an on-going basis throughout the project. ARCHITECT shall prepare a set of reproducible record drawings showing significant changes in the work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the ARCHITECT Claim Evaluation. The ARCHITECT shall evaluate and render written recommendations, within a reasonable time on all claims, disputes or other matters at issue between the DISTRICT and Contractor relating to the execution or progress of the work as provided in the construction contract Substantial Completion. The ARCHITECT shall inspect the PROJECT to determine the date or dates of substantial completion and the date of final completion, receive and forward to the DISTRICT for the DISTRICT's review all written warranties and related documents required by the construction contract and issue a final certificate for payment upon compliance with the requirements of the construction contract. ARTICLE 3 ADDITIONAL ARCHITECT'S SERVICES 3.1. Additional Services. Additional services are not included in the Services set forth previously. If the DISTRICT requests in writing any of the Additional Services, ARCHITECT shall be compensated for the same in accordance with the provisions of the Agreement relating to Additional Services and the amounts indicated in Exhibit for Additional Services. The Board of Trustees of the District must approve an amendment to this Agreement, fully executed, prior to ARCHITECT performing any Additional Services. The ARCHITECT shall request payment for Additional Services in a separate line item on the same invoice submitted for Services in a format pre-approved by the DISTRICT Notification and Authorization. ARCHITECT shall notify the DISTRICT in writing of the need for additional services required due to circumstances beyond the ARCHITECT's control. ARCHITECT shall obtain written authorization from the DISTRICT before rendering such Page 9 of 42