HomeMy WebLinkAboutAgr 2008-09-17 (BSA Architects)
AGREEMENT FOR PROFESSIONAL SERVICES
MASTER PLAN OF TIBURON CORPORATION YARD
T~-
THIS AGREEMENT, made and entered this \ T day of SePTeh ~e/L. , 2008, by and
between the TOWN OF TIBURON, a political subdivision of the State of Cali fomi a, hereinafter
called "Town," and BSA ARCHITECTS, hereinafter referred to as "Consultant II
RECIT ALS
A. The Town desires to retain a qualified and competent architectural consultant to provide a
master plan and detail concept design of the Town's future corporation yard.
B. The Consultant has the skill and experience to undertake the work. Consultant has
submitted a proposal, dated :::LL.~ l C, lit , 2008, as set forth in Exhibit A, which
is attached hereto and incorporated ereln by reference. The partIes wIsh to contract for the
provision of services as described in this Agreement.
AGREEMENT
1. Scope of Consultant Services. Consultant shall perform the services described in its
Proposal, as set forth in Exhibit A ("Services"). The Consultant shall execute the work in a
timely manner and as requested by the Town.
2. Compensation. Town agrees to pay Consultant as set forth in Exhibit A, up to a maximum
of $40.000.00. Consultant's total compensation shall not exceed this maximum without
prior Town approval of an amendment to this Agreement.
3. Standard of Work: Indemnity. Consultant shall perform the services in a skillful and
professional manner compatible with the usual, customary standard of Consultant's
profession. Consultant shall indemnify, defend and hold Town harmless from and against
claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a negligent
act or omission of Consultant's in the performance of the Services pursuant to this
Agreement.
4. Consultant as Independent Contractor. Consultant (including its agents and employees) is
not illt agent or employee of the Town but is an independent contractor not subject to the
direction and control of the Town. Without limiting the foregoing, Consultant shall
maintain complete control of its operations and personnel and shall be solely liable and
responsible to pay all required salaries, wages, expenses, taxes and other obligations,
including, but not limited to, withholding and Social Security.
5. Attendance at Hearings. If requested by the Director of Public Works, Consultant shall
appear at meetings or other hearings that pertain to the Services.
Town Corporation Yard Master Plan
1/4
6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent
audit and/or evaluation of the Consultant's records and accounts of expenditures and
program activities at its own expense. Consultant shall furnish all items necessary in the
Town's discretion to complete said audit and/or evaluation subject to restrictions on
confidentiality limited to expenditure or receipt of program funds, and program quality.
7. Insurance. Consultant shall maintain insurance as set forth below. Town shall be added as
an additional insured to all required insurance policies. Such coverage shall be primary~
non-contributory insurance to the Town, its officials, officers and employees. The limits set
forth below are not intended to operate as a limit to Consultant's liability under Sections 3
and 4 of this Agreement.
A. Comprehensive General Liability: Combined single limit of $1,000,000 for each
single occurrence and $2,000,000 annual aggregate.
B. Comprehensive Automobile Liability: Combined single limit of $1,000,000 for
each single occurrence for bodily injury and property damages.
8.
Ownership of Documents: Re-Use: Indemnity. For the purpose of this Agreement,
"Documents" shall include text copy, graphics, code, disks, diskettes, CDs, and other
written or electronic communications or data. All Docum~pts, including drawings and
specifications prepared by Consultant pursuant to this Agreement shall be the property
of Town. Town acknowledges that said Documents are prepared for use only in
connection with the Project described in Exhibit A. Documents should be in formats
usable by the Town. Consultant makes no representat~on that said Documents are
suitable for re-use on any other project or on any expansion of the Project. Any such re-
use by Town without specific written approval by Consultant shall be at Town's sole
risk. Town shall indemnify and hold Consultant harmless from all claims, losses,
damages and expenses, including attorneys fees, that may arise from Town's
unauthorized re-use of said Documents for another project or for any expansion of the
Project.
. .
9. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work
Order"), require Consultant to stop or suspend performance of the Services, in whole or in
part, for a period of up to ninety days after such notice is delivered to Consultant. Upon
receipt of the Stop Work Order, Consultant shall immediately comply therewith and take all
reasonable steps to minimize the incurrence of costs allocable to the Services covered by the
Stop'Work Order during the period of work stoppage. Within ninety days of the delivery of
the Stop Work Order, or such later time as may be agreed to by the parties, Town shall
either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 13.
Consultant shall resume work upon the cancellation of the Stop Work Order. To the extent
that the Stop Work Order results in a documentable increase in the cost of performing the
Services or the time required for such performance, Consultant shall receive an equitable
adjustment in compensation or an extension of time for performance, as appropriate.
Town Corporation Yard Master Plan
2/4
10. Delinquency. In the event that a proper invoice remains unpaid for more than 30 days after
submittal, Consultant may commence to charge interest of the unpaid amounts at the lesser
of 1.5% per month or the maximum rate allowed under applicable usury laws. In addition~
Consultant may suspend the performance of the Services after giving Town 10 days notice
of its intent to do so. In the event of such suspension, the Base Fee shall be increased to
include Consultant's reasonable costs of suspending and restarting the Services.
11. Termination of Contract. Either party shall have the right to terminate this agreement within
five (5) days written notice to the other party. In such event, Consultant shall deliver to the
Town copies of all finished and unfinished surveys, studies, documents, computer disks,
and/or reports pertaining to the contract, and Consultant shall be entitled to receive just and
equitable compensation equal to his hourly rate as outlined in Exhibit A for any satisfactory
work completed as determined by the Town.
12. Discrimination. In the performance of the terms of this Agreement, Consultant shall not
engage in nor permit others he may employ to engage in discrimination in the employment
of such persons based on race, color, religion, sex, sexual preference, age, or handicapped
conditions.
13. Miscellaneous.
A. Other Contract Provisions. To the extent that there are any inconsistencies with the
Exhibit(s) to this Agreement and the main body thereof, the latter shall prevail.
,-
B. Governing Law: venue. The laws of the State of California shall govern this
Agreement. In the event that a dispute arises under this agreement, Marin County
shall be the proper venue for any judicial resolution of said dispute.
C. Severability. If any provision of this Agreement is found to be invalid or
unenforceable, the validity and enforceability of the remaining portions shall not be
affected unless the effect thereof would materially change the economic burden on
ei ther party.
D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns
and successors in interest to both parties. Neither party may assign their obligations
under this Agreement without the written consent of the other party.
E. Entire Agreement: Amendment. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing.
Town Corporation Yard Master Plan
3/4
IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
CONSULTANT
BSA Architects
TOWN OF TIBURON
o~ aO.g
David Ross, Principal
VI/~tecJ!f~~,--,-,~
~
Margaret A. urran, Town Manager
APPROVED AS TO FORM:
pf'c:7'r-
Ann R. Danforth, Town Attorney
Town Corporation Yard Master Plan
4/4
Exhibit A
Town of Tiburon - Corporation Yard Master Plan and Concept Design
Proposed Scope of Work for Architectural and Planning Services
BSA Architects - July 16, 2008
Task A - Project Administration and Managemenz
BSA Architects as the lead consultant will be responsible for prOJect admirlfstratlon and management for tile
entire scope of work. We value clear and effective communicatfon and strong partnershIps to ensure that we
understand the objectives of the City's Project Team and to begin to fine tune the work plan as necessal}' to
meet those goals. We will initially gather and review previous reports and information related to the existing
facilities and meet with members of the City's Project Team to develop project protocols and establish a shared
vision for our scope of work and oLlr interaction with the Town's Project Team throughout the programming and
design phases
A.1 - Project Kjck~off Meeting
BSA Architects will facilitate a project kick-off workshop with City's Project Team. The objective will be to define
overall goals and the roles and responsibilities of the project development team. The scope of work, schedule,
and lines of communication are to be confirmed and key dates established.
Products:
1. Project Team - Roles & Responsibilities
2. Refined Work Plan and Project Schedule
3. Project Goals (as agreed with Town Representatives)
4. Meeting Minutes (Summary of Key Points)
A.2 - Document Gathering and Initial Review
Following the Project Kick-off, the design team will collect, review, and analyze existing clocuments and
information provided by the City. Information will include any site sUNey information, soils analysis, existing
building analysis or reports, and as-built documentation. The team will additionally identify key regulatory
contacts and identify any additional needs for information. This data gathering and analysis will support work in
the project's planning and conceptual design phases.
Products:
1. Summary of DQcuments Received
2. Identification of any Outstanding Documents or Information needed by Design Team
3. Conceptual Planning Level Base Site Plan (based onsite information provided by City)
A.3 - Project Administration and Management
Througt lout the scope of work, BSA Architects will provide overall management of the scope of work and
project deliverables with regard to the project goals established at the kick-off meeting. This will include
development and management of the project schedule including tracking key milestones and scheduling staff
meetings, inteNiews, workshops and presentations witll key stakeholders. BSA will be the primary contact with
the Town of Tiburon and will be responsible for our entire team successfully meeting the needs of the Town and
the specific goals for this project.
Products:
1 . Project Schedule and Key Milestones
A\/::r
Task B - Space Needs Assumptions
BSA Architects will lead the review and evaluation of functional reqUirements as input into the design process
which wi/J ensure a new facility which responds to the specific needs of the Town of Tlburol1. We wil! bE:
identifying both configuration and buildmg performance issues that limit the selVice capabilities and impact thE:
operational, maintenance and qualrtative performance of the existmg facilities. BSA will be engaging staff and ker
stakeholders to define tite design criteria for the project and document the Space Needs Assumptions
8.1 - Data Collection - Programming Interview
Data collection will begin with a tour of the existing facilities in order to gain understanding of current operating
philosophies and limitations of existing site and facilities We will then conduct a programming interview with
key Town of Tiburon staff to stimulate dialogue relating to staff, and vehicle projections. office, shop, and
storage space requirements, as well as general operating practices including
Review requirements for shop
Review requirements for workshops and material storage areas.
· Review support facilities requirements including offices, restrooms, lunchrooms, and locker areas.
Review building and yard storage requirements for equipment. parts, and materials.
· Review site and building security requirements.
. Review relevant Town Planning and 2008 eBe requirements.
Products:
1. Review Notes (Summary of Key Points)
2. Preliminary Code & Planning Analysis
.'
8.2 - Space Needs Assumptions
Based on the interviews, site tour. and comments from the Town's Project Team, we will prepare a draft Space
Needs Assumptions for review and for use in subsequent phases of this project.
· Address functional areas to be located at the facility.
· Develop space program requirements for the facility based on information and projections developed
as part of the data collection effort.
. Establish space standards for offices, and support spaces.
· Determine number and size of various workstations.
. Determine .number of vehicle storage bays based on Town needs.
· Determine storage requirements for parts, materials, and equipment
· Determine parking requirements for Town of Tiburon, employee, visitor, and delivery vehicles.
. Identify clearance requirements throughout the project.
Products:
1. Interview Meeting Notes (Summary of Key Points)
2. Space Needs Assumptions
fJr~/~
Task C - Conceptual Design
BSA Architects will lead the design phase as the goals establIshed II, the needs assessment are incorporated
into viable development scenanos. Site conditIons, program needs and operational considerations are al!
significant factors in developing successful scenarios to address the planning goals. We present a methodlca!
approach that ensures that the process emphasizes all of these factors before potential solutions are identifleo
and evaluated. BSA propose to facilitate a focused and collaborative charrette design process that includes the
most experienced members of the design team and of the City Project Team to ensure that the critical functiona i
requirements, including circulation. operations and proximity relatIons/ups, are appropriately addressed in the
Conceptual Design
C.1 - Preliminary Design Analysis
Based upon tile Space Needs Assumptions, tile design 1eam will begin to identify potential alternatives to meet
the requirements established in the previous task. Several preliminary development scenarios will be explored
to quickly identify potential layouts and test tile program needs relative to the site requirements. We will also
review for conformance with planning and building code requirements to ensure viability of alternatives and
establish these criteria early in the process to ensure viability of alternatives. This preliminary review leads to a
more informed planning process without jumping to specific solutions prematurely.
Products:
1. Preliminary Development Scenarios. Diagrammatic Site Plans
2. Comments on Preliminary Scenarios
:
C.2 - Master Plan Charrette - Conceptual Design Alternatives
The presentation and review of the preliminary development scenarios is a terrific opportunity for the first in a
workshop meeting with the City's Project Team as we can brainstorm together about appropriate strategies for
prioritizing needs and addressing layout issues relative to established proj~t goals, compliance with the
requirements established in the needs assessment. We propose to gather the design team for a design
charrette which would include one focused session of presentation and review with the Town Project Team of
1-2 hours.
Site issues addressed will include:
· Conformance with Town Planning CEOA requirements and 2008 CBC including access, setbacks.
grades, lot coverage, parking, fencing, lighting and accessibility requirements.
· Developing circulation patterns for vehicles, materials and personnel that will provide the most
efficient, cost effective and safest maintenance operation.
· Developing ingress and egress routes, which maximize safety and security and minimize vehicular
and pedestrian conflict on and off the site.
· Establishing site area relationships including administration, operations, and maintenance facilities
and Town of Tiburon, employee. delivery, and visitor parking.
· ,Track potential "green" design strategies and technologies for sustainable sitework including
stormwater control, water efficiency. heat island effects, waste management, alternative
transportation, lighting and material reuse or sustainable materials.
· Identify and evaluate opportunities for phasing scenarios.
Facility issues addressed will include:
· Conformance with Town Planning CEOA requirements and 2008 CBC including construction types,
occupancies, allowable areas, exiting, perimeter access, fire protection, fixtures, and accessibility
requirements.
· Developing circulation patterns for equipment, materials, and personnel within the buildings and their
relation to site circulation patterns
A 3/ =l-
· Establishing functional area relationships both between depar1ments and between workstations wittlin
department. Primary considerations will be industrial workflow, supervision and safety
· Reviewing architectural design for, appropriate massing and architectural character consistent with
adjacent development and other Town of Tiburon public facility designs as well as for functional
response to program and adherence to approved maintenance concept
· Track potential "green' design strategies and technologies for sustainable buildings including energy
efficiency, water efficiency, daylight & Views, indoor air quality, high performance systems and
sustainable materials
We recommend that each review occur in a team meeting where questions can be addressed and alternatives
considered allowing the review anci resolution process to move forward fairly quickly with good information
immediately available from both the client team and deSign team. Conceptual design alternatives will be
developed by the design team with progress reviews by the Town Project Team
Products:
1. Development of two Conceptual Design Alternatives
2. Presentation Materials including Site Plans. Building Plans & Building Elevations
3. Comments on Alternatives
. .
C.3 - Cost Analysis - Initial Feasibility Study
BSA will provide the two Conceptual Design Alternatives and any relevant reports and data to our cost
estimating consultant and work with them to prepare conceptual cost estimates for each design alternative as
well as appropriate overall project budgets for project delivery. A draft e?\imate will be provided for both
alternatives for review by the entire project team.
We will also provide a summary outlining the relative costs and comparative value of the two alternatives.
Sometimes additional costs mean more value but sometimes it's just additionCl,1 cost. We will provide relevant
analysis to assist with the evaluation of the alternatives, ,-
The Initial Feasibility Study will be assembled for review of the Conceptual Desigl) Alternatives. The report will
include all of the design presentation materials, code & planning summary. construction cost estimate, project
budget and project schedule for each design alternative. We will also provide an overview and summary of the
concept design process and a reference to the Space Needs Assessment Report.
Products:
1 . Comparative Cost Analysis and Recommended Project Budget
2. Initial Feasibility Study
3. Presentation to Study Group
CA - Preferred Concept Design
Once the cost analysis is complete and the preliminary design report is submitted for review, BSA will facilitate
one presentation and evaluation session to meet the needs of the Town. This could range from an informal
workshop style pin-up and discussion to a more formal committee presentation. We have experience with a
variety of styles and we can be flexible to ensure that a review process is tailored to meet the needs of the
Town. We can assist with presentations of Pros and Cons for each alternative and provide talking points for
critical issues to be considered,
Products:
1. Identification of Preferred Concept Design
2. Review Comments Summary
A 4-/ i-
Task D - Feasibility Study
Concurrent with the work of each phase, BSA Architects will be assemblmg components of the Feasibility Study
which will be maintained and updated ttlroughout the project and a final report Issued at project completion
0.1 - Initial Feasibility Study
In addition to a project overview. a summary of the concept design process and a comparative analysis of the
alternatives, the report will also include the following components for each of the two Concept Design
Alternatives:
. Concept Design Presentation Materials
· Preliminary Sustainable Design Strategies (LEEO Format)
· Concept Design Code & Planning Requirements Summary
. Preliminary Estimate of Probable Construction Costs
· Anticipated Project Budget Requirements
· Anticipated Project Schedule
· Potential Construction Phasing Scenarios
Products:
1 . Preliminary Feasibility Study
D.2 - Feasibility Study
After the final review and selection of the Preferred Concept Design, the feasibility study will be updated to
reflect any comments or refinements noted by the Town. The project overview will be updated or appended to
include this final phase and the document will be formally issued.
Products:
1 . Feasibility Study
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