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PROFESSIONAL SERVICES AGREEMENT
O'NEIL COMMUNITY CENTER RENOVATIONS
PROJECT 202159
This Professional Services Agreement ("Agreement") is entered into and effective between CITY OF GLENDALE,
an Arizona municipal corporation ("City") and Dick & Fritsche Design Group, Inc., an Arizona corporation,
("Consultant") as of the day of 20 (“Effective Date”).
RECITALS
A. City intends to undertake a project for the benefit of the public and with public funds that is more fully set
forth in Exhibit A, Project (the Project");
B. City desires to retain the professional services of Consultant to perform certain specific duties and produce
the specific work as set forth in the attached Exhibit B, Project Scope of Work (“Scope”);
Cc, Consultant desites to provide City with professional services (“Services”) consistent with best consulting or
architectural practices and the standards set forth in this Agreement, in order to complete the Project; and
D. City and Consultant desire to memorialize theit agreement with this document.
AGREEMENT
The parties hereby agree as follows:
1. Key Personnel; Other Consultants and Subcontractors.
11 Professional Services. Consultant will provide all Services necessary to assure the Project is
completed timely and efficiently consistent within Project requirements, including, but not limited
to, working in close interaction and interfacing with City and its designated employees, and working
closely with others, including other consultants or contractors, retained by City.
1.2 Project Team.
a. Project Manager.
(1) Consultant will designate an employee as Project Manager with sufficient training,
knowledge, and experience to, in the City's opinion, complete the project and
handle all aspects of the Project such that the work produced by Consultant is
consistent with applicable standards as detailed in this Agreement; and
(2) The City must approve the designated Project Manager.
b. Project Team.
(1) The Project Manager and all other employees assigned to the Project by
Consultant will comprise the "Project Team."
(2) Project Manager will have responsibility for and will supervise all other employees
assigned to the Project by Consultant.
c. Discharge, Reassign, Replacement.
(1) Consultant acknowledges the Project Team is comprised of the same persons and
toles for each as may have been identified in Exhibit A.
(2) Consultant will not discharge, reassign, replace or diminish the responsibilities of
any of the employees assigned to the Project who have been approved by City
without City's prior written consent unless that person leaves the employment of
Consultant, in which event the substitute must first be approved in writing by City.
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(3) Consultant will change any of the members of the Project Team at the City's
request if an employee's performance does not equal or exceed the level of
competence that the City may reasonably expect of a person performing those
duties, or if the acts or omissions of that person are detrimental to the
development of the Project.
Subcontractors.
(1) Consultant may engage specific technical contractors (each a "Subcontractor") to
furnish certain service functions.
(2) Consultant will remain fully responsible for Subcontractor's services.
(3) Subcontractors must be approved by the City.
(4) Consultant will certify by letter that all contracts with Subcontractors have been
executed incorporating requirements and standards as set forth in this Agreement.
Schedule. The Services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.
Consultant’s Work.
3.1
3.2
3.3
3.4
Standard. Consultant must perform Services in accordance with the standards of due diligence,
cate, and quality prevailing among consultants having substantial experience with the successful
furnishing of Services for projects that ate equivalent in size, scope, quality, and other criteria under
the Project and identified in this Agreement.
Licensing. Consultant warrants that:
a.
Consultant and its Subconsultants or Subcontractors will hold all appropriate and required
licenses, registrations and other approvals necessary for the lawful furnishing of Services
("Approvals"); and
Neither Consultant nor any Subconsultant or Subcontractor has been debarred or
otherwise legally excluded from contracting with any federal, state, or local governmental
entity ("Debarment'").
(4) City is under no obligation to ascertain or confirm the existence or issuance of any
Approvals or Debarments, or to examine Consultant's contracting ability.
(2) Consultant must notify City immediately if any Approvals or Debarment changes
during the Agreement's duration. The failure of the Consultant to notify City as
required will constitute a material default under the Agreement.
Compliance.
a.
Services will be furnished in compliance with applicable federal, state, county and local
statutes, rules, regulations, ordinances, building codes, life safety codes, and other
standards and criteria designated by City.
Consultant must not discriminate against any employee or applicant for employment on
the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation,
gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Consultant will require any Sub-contractor to be bound to the
same requirements as stated within this section. Consultant, and on behalf of any
subcontractors, warrants compliance with this section.
Coordination; Interaction.
a.
For projects that the City believes requires the coordination of vatious professional
services, Consultant will work in close consultation with City to proactively interact with
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3.5
any other professionals retained by City on the Project ("Coordinating Project
Professionals").
Consultant will meet to review the Project, Schedule and in-progress work with
Coordinating Project Professionals and City as often and for durations as City reasonably
considers necessary in order to ensure the timely work delivery and Project completion.
For projects not involving Coordinating Project Professionals, Consultant will proactively
interact with any other contractors when directed by City to obtain or disseminate timely
information for the proper execution of the Project.
Work Product.
a.
Ownership. Upon receipt of payment for Services furnished, Consultant grants to City,
and will cause its Subconsultants or Subcontractors to grant to the City, the exclusive
ownership of and all copyrights, if any, to evaluations, reports, drawings, specifications,
project manuals, surveys, estimates, reviews, minutes, all "architectural work" as defined in
the United States Copyright Act, 17 U.S.C § 101, ef seq., and other intellectual work product
as may be applicable ("Work Product").
(1) This grant is effective whether the Work Product is on paper (e.g., a "hard copy"),
in electronic format, or in some other form.
(2) Consultant warrants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party
proprietary interests.
Delivery. Consultant will deliver to City copies of the preliminary and completed Work
Product promptly as they are prepared.
City Use.
(1) City may reuse the Work Product at its sole discretion.
(2) In the event the Work Product is used for another project without further
consultations with Consultant, the City agrees to indemnify and hold Consultant
harmless from any claim arising out of the Work Product.
(3) In such case, City will also remove any seal and title block from the Work Product.
Compensation for the Project.
4.1
4.2
4.3
Compensation. Consultant's compensation for the Project, including those furnished by its
Subconsultants or Subcontractors will not exceed $167,554 as specifically detailed in Exhibit D
("Compensation").
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated Scope as outlined in the Project is significantly modified.
a.
Adjustments to Compensation require a written amendment to this Agreement and may
require City Council approval.
Additional services which are outside the Scope of the Project contained in this Agreement
may not be performed by the Consultant without prior written authorization from the City.
Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in
the Exhibits and accompanying attachments, the provisions of this Agreement shall take
priority and govern the conduct of the parties.
Allowances. An “Allowance” may be identified in Exhibit D only for work that is required by the
Scope and the value of which cannot reasonably be quantified at the time of this Agreement.
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As stated in Sec. 4.1 above, the Compensation must incorporate all Allowance amounts
identified in Exhibit D and any unused allowance at the completion of the Project will
remain with City.
Consultant may not add any mark-up for work identified as an Allowance and which is to
be performed by a Subconsultant.
Consultant will not use any portion of an Allowance without prior written authorization
from the City.
Examples of Allowance items include, but are not limited to, subsurface pothole
investigations, survey, geotechnical investigations, public participation, radio path studies
and material testing.
Expenses. City will reimburse Consultant for certain out-of-pocket expenses necessarily incurred
by Consultant in connection with this Agreement, without mark-up (the “Reimbursable
Expenses”), including, but not limited to, document reproduction, materials for book preparation,
postage, courier and overnight delivery costs incurred with Federal Express or similar cartiers,
travel and car mileage, subject to the following:
a.
Mileage, airfare, lodging and other travel expenses will be reimbursable only to the extent
these would, if incurred, be reimbursed to City of Glendale personnel under its policies
and procedures for business travel expense reimbursement made available to Consultant
for review prior to the Agreement’s execution, and which policies and procedures will be
furnished to Consultant;
The Reimbursable Expenses in this section are approved in advance by City in writing; and
The total of all Reimbursable Expenses paid to Consultant in connection with this
Agreement will not exceed the “not to exceed” amount identified for Reimbursable
Services in the Compensation.
Billings and Payment.
Applications.
5.1
5.2
5.3
Consultant will submit monthly invoices (each, a "Payment Application") to City's Project
a.
Manager and City will remit payments based upon the Payment Application as stated
below.
b. The period covered by each Payment Application will be one calendar month ending on
the last day of the month.
Payment.
a. After a full and complete Payment Application is received, City will process and remit
payment within 30 days.
b. Payment may be subject to or conditioned upon City's receipt of:
(1) Completed work generated by Consultant and its Subconsultants and
Subcontractors; and
(2) Unconditional waivers and releases on final payment from all Subconsultants and
Subcontractors as City may reasonably request to assure the Project will be free of
claims arising from required performances under this Agreement.
Review and Withholding. City's Project Manager will timely review and certify Payment
Applications.
a.
If the Payment Application is rejected, the Project Manager will issue a written listing of
the items not approved for payment.
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b. City may withhold an amount sufficient to pay expenses that City reasonably expects to
incur in correcting the deficiency or deficiencies rejected for payment.
6. Termination.
6.1 For Convenience. City may terminate this Agreement for convenience, without cause, by
delivering a written termination notice stating the effective termination date, which may not be less
than 15 days following the date of delivery.
a. Consultant will be equitably compensated for Services furnished prior to receipt of the
termination notice and for reasonable costs incurred.
b. Consultant will also be similarly compensated for any approved effort expended, and
approved costs incurred, that are directly associated with Project closeout and delivery of
the required items to the City.
6.2 For Cause. City may terminate this Agreement for cause if Consultant fails to cure any breach of
this Agreement within seven days after receipt of written notice specifying the breach.
a. Consultant will not be entitled to further payment until after City has determined its
damages. If City's damages resulting from the breach, as determined by City, are less than
the equitable amount due but not paid Consultant for Services furnished, City will pay the
amount due to Consultant, less City's damages, in accordance with the provision of Sec. 5.
b. If City's direct damages exceed amounts otherwise due to Consultant, Consultant must pay
the difference to City immediately upon demand; however, Consultant will not be subject
to consequential damages more than $1,000,000 or the amount of this Agreement,
whichever is greater.
7. Conflict. Consultant acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for
cancellation of this Agreement in the event any person who is significantly involved in initiating,
negotiating, securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or
consultant of any other party to this Agreement.
8. Insurance. For the duration of the term of this Agreement, Consultant shall procure and maintain
insurance against claims for injuries to petsons or damages to property which may arise from or in
connection with the performance of all tasks or work necessary to complete the Project as herein defined.
Such insurance shall cover Consultant, its agent(s), representative(s), employee(s) and any subcontractors.
8.1 Minimum Scope and Limit of Insurance. Coverage must be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01,
including products and completed operations, with limits of no less than $1,000,000 per
occurrence for bodily injury, personal injury, and property damage. If a general aggregate
limit applies, either the general aggtegate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1
(any auto), with limits no less than $1,000,000 per accident for bodily injury and property
damage.
c. Professional Liability. Consultant must maintain a Professional Liability insurance
coveting errors and omissions arising out of the work or services performed by Consultant,
or anyone employed by Consultant, or anyone for whose acts, mistakes, errors and
omissions Consultant is legally liability, with a liability insurance limit of $1,000,000 for
each claim and a $2,000,000 annual aggregate limit.
d. Worker’s Compensation: Insurance as required by the State of Arizona, with Statutory
Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per
accident for bodily injury or disease.
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8.2
8.3
8.4
8.5
Indemnification.
a.
To the fullest extent permitted by law, Consultant must defend, indemnify, and hold
harmless City and its elected officials, officers, employees and agents (each, an
"Indemnified Party," collectively, the "Indemnified Parties") for, from, and against any and
all claims, demands, actions, damages, judgments, settlements, personal injury (including
sickness, disease, death, and bodily harm), property damage (including loss of use),
infringement, governmental action and all other losses and expenses, including attorneys’
fees and litigation expenses (each, a "Demand or Expense" collectively "Demands or
Expenses") asserted by a third-party (i.e. a person or entity other than City or Consultant)
and that arises out of or results from the breach of this Agreement by the Consultant or
the Consultant’s negligent actions, errors or omissions (including any Subconsultant or
Subcontractor or other person or fitm employed by Consultant), whether sustained before
or after completion of the Project.
This indemnity and hold harmless provision applies even if a Demand or Expense is in
part due to the Indemnified Party's negligence or breach of a responsibility under this
Agteement, but in that event, Consultant will be liable only to the extent the Demand or
Expense results from the negligence or breach of a responsibility of Consultant or of any
person or entity for whom Consultant is responsible.
Consultant is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.
Other Insurance Provisions. The insurance policies required by the Section above must contain,
or be endorsed to contain the following insurance provisions:
a.
The City, its officers, officials, employees and volunteers are to be covered as
additional insureds of the CGL and automobile policies for any liability arising from or
in connection with the performance of all tasks or work necessary to complete the Project
as herein defined. Such liability may arise, but is not limited to, liability for materials, parts
or equipment furnished in connection with any tasks, or work performed by Consultant or
on its behalf and for liability arising from automobiles owned, leased, hired or borrowed
on behalf of the Consultant. General liability coverage can be provided in the form of an
endorsement to the Consultant’s existing insurance policies, provided such endorsement is
at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37, if later
revisions are used.
For any claims related to this Project, the Consultant’s insurance coverage shall be
primary insurance with respect to the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,
employees or volunteers shall be in excess of the Consultant’s insurance and shall not
contribute with it.
Each insurance policy requited by this Section shall provide that coverage shall not be
canceled, except after providing notice to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of
no less than A: VII, unless the Consultant has obtained prior approval from the City stating that a
non-conforming insurer is acceptable to the City.
Waiver of Subrogation. Consultant hereby agrees to waive its rights of subrogation which
any insurer may acquire from Consultant by virtue of the payment of any loss. Consultant agrees
to obtain any endorsement that may be necessary to effect this waiver of subrogation. The
Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City
for all work performed by the Consultant, its employees, agent(s) and subcontractor(s).
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10.
i.
12.
8.6 Verification of Coverage. Within 15 days of the Effective Date of this Agreement, Consultant shall
furnish the City with original certificates and amendatory endorsements, or copies of any applicable
insurance language making the coverage required by this Agreement effective. All certificates and
endorsements must be received and approved by the City before work commences. Failure to
obtain, submit or secure the City’s approval of the requited insurance policies, certificates or
endorsements prior to the City’s agreement that work may commence shall not waive the
Consultant’s obligations to obtain and verify insurance coverage as otherwise provided in this
Section. The City reserves the right to require complete, certified copies of all required insurance
policies, including any endorsements or amendments, required by this Agreement at any time
during the Term stated herein.
Consultant’s failure to obtain, submit or secure the City’s approval of the required insurance
policies, certificates or endorsements shall not be considered a Force Majeure or defense for any
failure by the Consultant to comply with the terms and conditions of the Agreement, including any
schedule for performance or completion of the Project.
8.7 Subcontractors. Consultant shall require and shall verify that all subcontractors maintain insurance
meeting all requirements of this Agreement.
8.8 Special Risk or Circumstances. The City reserves the right to modify these insurance requirements,
including any limits of coverage, based on the nature of the tisk, prior experience, insurer, coverage
or other circumstances unique to the Consultant, the Project or the insurer.
E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Consultant warrant
their compliance and that of its subconsultants with all federal immigration laws and regulations that relate
to their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The
Consultant or subconsultant’s breach of this warranty shall be deemed a material breach of the Agreement
and may result in the termination of the Agreement by the City under the terms of this Agreement. The City
retains the legal right to randomly inspect the papers and records of the other party to ensure that the other
party is complying with the above-mentioned warranty. The Consultant and subconsultant warrant to keep
their respective papers and records open for random inspection during normal business hours by the other
party. The parties shall cooperate with the City’s random inspections, including granting the inspecting party
entry tights onto their respective properties to perform the random inspections and waiving their respective
tights to keep such papers and records confidential.
No Boycott of Israel. The Parties agree that they are not currently engaged in and agree that for the
duration of the Agreement they will not engage in, a boycott of Israel, as that term is defined in A.R.S. §35-
393. Unless and until the District Court’s injunction in Jordah/ » Brnovich, 336 F.Supp.3d 1016 (D.Ariz. 2018)
is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S. §35-393.01 (A)) (if applicable to this agreement)
is unenforceable and the City will take no action to enforce it.
Attestation of PCI Compliance. When applicable, the Consultant will provide the City annually with a
Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an
officer of Consultant with oversight responsibility.
Notices.
12.1 A notice, request or other communication that is required or permitted under this Agreement (each
a "Notice") will be effective only if:
a. The Notice is in writing; and
b. Delivered in person or by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested).
c. Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if:
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14,
(a) Received on a business day before 5:00 p.m. at the address for Notices identified
for the Party in this Agreement by U.S. Mail, hand delivery, or overnight courier
service; of
(2) As of the next business day after receipt, if received after 5:00 p.m.
The burden of proof of the place and time of delivery is upon the Party giving the Notice.
Digitalized signatures and copies of signatutes will have the same effect as original
signatures.
12.2 Representatives.
a.
Consultant. Consultant's representative (the "Consultant's Representative") authorized to
act on Consultant's behalf with respect to the Project, and his or her address for Notice
delivery is:
Michael Schmitt, ALA, LEED-AP
DFDG Architecture
4545 East McKinley Street
Phoenix, Arizona 85008
City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or her address for Notice delivery is:
City of Glendale
c/o Michael Johnson, Engineering Project Manager
5850 West Glendale Avenue, Suite 315
Glendale, Arizona 85301
With required copy to:
City Manager City Attorney
City of Glendale City of Glendale
5850 West Glendale Avenue 5850 West Glendale Avenue
Glendale, Arizona 85301 Glendale, Arizona 85301
Concurrent Notices.
(1) All notices to City's representative must be given concurrently to City Manager
and City Attorney.
(2) A notice will not be deemed to have been received by City's representative until
the time that it has also been received by the City Manager and the City Attorney.
(3) City may appoint one ot more designees for the purpose of receiving notice by
delivery of a written notice to Consultant identifying the designee(s) and their
respective addresses for notices.
Changes. Consultant or City may change its representative or information on Notice, by
giving Notice of the change in accordance with this section at least ten days prior to the
change.
Financing Assignment. City may assign this Agreement to any City-affiliated entity, including a non-
profit corporation or other entity whose primary purpose is to own or manage the Project.
Entire Agreement; Survival; Counterparts; Signatures.
14.1 Integration. This Agreement contains, except as stated below, the entire agreement between City
and Consultant and supersedes all prior conversations and negotiations between the parties
regarding the Project or this Agreement.
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15.
16.
14.2
14.3
14.4
14.5
14.6
14.7
Term.
15.1
15.2
a. Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.
b. Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.
Cc. Inconsistencies between the solicitation, any addenda attached to the solicitation, the
response or any excerpts attached as Exhibit A, and this Agreement, will be resolved by
the terms and conditions stated in this Agreement.
Interpretation.
a. The parties fairly negotiated the Agreement's provisions to the extent they believed
necessary and with the legal representation they deemed appropriate.
b. The parties are of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the parties may have drafted this
Agreement.
c The Agreement will be interpreted in accordance with the laws of the State of Arizona.
Survival. Except as specifically provided otherwise in this Agreement, each warranty,
tepresentation, indemnification and hold harmless provision, insurance requirement, and every
other right, remedy and responsibility of a Party, will survive completion of the Project, or the
earlier termination of this Agreement.
Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Electronic signature blocks do not constitute execution for purposes of this Agreement.
Any amendment may be subject to City Council approval.
Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or mote right or remedy will not affect any other rights or remedies under this Agreement
ot applicable law.
Severability. If any provision of this Agreement is voided or found unenforceable, that
determination will not affect the validity of the other provisions, and the voided or unenforceable
provision will be reformed to conform with applicable law.
Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.
Renewals. The term of this Agreement commences upon the effective date and continues for a
two (2) year initial period. The City may, at its option and with the approval of the Consultant,
extend the tetm of this Agreement an additional two (2) years, renewable on an annual basis.
Consultant will be notified in writing by the City of its intent to extend the Agreement period at
least thirty (30) calendar days prior to the expiration of the original or any renewal Agreement
petiod. Price adjustments will only be reviewed during the Agreement renewal period and will be a
determining factor for any renewal. There are no automatic renewals of this Agreement.
Extension for Procurement Process. Upon the expiration of the Term of this Agreement,
including the initial term and any renewals, at the City’s sole discretion, this Agreement may be
extended on a month-to-month basis for a maximum of six (6) months to allow for the City to
complete its procurement process to select a vendot to provide the services/materials similar to
those provided under this Agreement. The City will notify the Contractor in writing of its intent to
extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any
extension provided under this subsection will continue under the same terms and conditions as in
effect immediately prior to the expiration of the then-current term.
Dispute Resolution. Any controversy or claim arising out of ot relating to this contract, or the breach
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s
9
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17.
Commetcial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
Exhibit A Project
Exhibit B Scope of Work
Exhibit C Schedule
Exhibit D Compensation
‘The parties enter into this Agreement effective as of the date shown above.
City of Glendale,
an Arizona municipal corporation
By: Kevin R. Phelps
Its: City Manager
ATTEST:
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
10
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EXHIBIT A
Professional Services Agreement
PROJECT
Design and construction administration services to renovate the O'Neil Community Center located at 6448 W.
Missouri Road.
SEE ATTACHED
EXHIBIT B
Professional Services Agreement
SCOPE OF WORK
March 24, 2021
Michael Johnson
Project Manager
City of Glendale
5850 W. Glendale Ave.
Glendale, AZ
Re: DFDG Project 2117
Design Fee Proposal
O'Neil Recreation Center Renovation
Dear Michael:
DFDG Architecture is excited for the opportunity to submit this proposal for design services to renovate the
O'Neil Recreation Center. The following proposal outlines our understanding of the scope and requirements
for this project.
A. PROJECT SCOPE
1) General Scope Information.
The approximately 4,892 S.F. O’Neil Recreation Center at 6448 W. Misouri Ave. was built in 1987, and has had only
minor interior improvements made since. The center contains programs serving primarily youth and teens. Prior to
the Covid 19 pandemic, the Recreation Center had been operated by a third party agency. Post-pandemic, operations
will be provided directly by the City of Glendale. In preparation for taking on its operation of the Recreation Center,
the City commissioned a facilities condition report. Funded and executed outside the scope of this project, the City
Facilities Department is presently taking measures to correct system deficiencies that were identified in the report
and are making meaningful improvements to the interior program spaces’ finishes and furnishings.
The primary purpose of this project is two-fold:.
a. Improvements to the interior program, including:
o Remove walls between the office and 2 storage rooms to create a new computer lab in the SE
corner of the facility.
Minor appliance removal and remodel of out-dated kitchen, to better serve current needs.
Expand the entrance lobby, add shaded entry portal and replace the existing office with a new office
/ security station in the lobby area.
b. The architecture of the existing building is of the “post-modern” era of the 1970’s and 80’s, and appears
quite dated. Expansion of the lobby, and adding a shaded entry portal along the south side of the building
will provide the opportunity to refresh and modernize the architecture, and enhance its appeal to the
community and as seen from Missouri Avenue. The shaded entry portal will extend toward the west,
engaging the new splash pad feature, and to the east, providing a wecoming gesture toward the parking ot.
This addition will be designed to facilitate a future opportunity to add a multi-purpose gymnasium to the
O’Neil Recreation Center.
602.954.9060 4545 E. McKinley St. Phoenix, AZ 85008 dfdg.com
Based on a conceptual design study dated 2/26/2021, for the improvements noted above, the estimated cost of
construction for these exerior improvements is $972,000, measured in (Q1-2021) dollars.
Site Information.
2)
3)
The site is zoned A-1 Agricultural, and is within O’Neil Park. The site is compliant with ordinance
requirements for landscape area. Parking presently provided via an existing parking lot serving O'Neil
Park and this facilty. The building is conveniently located to accommodate pedestrian and bicycle
access by the neighborhood it serves.
The work proposed will slightly increase the amount of rainwater run-off. This proposal is based on
the assumption that existing rainwater detention capacity in the park is adequate, and will not require
design of modifications.
Site work includes minor grading and landscape architecture, to blend the expanded facility into its
surrounding park environment, and provide an accessible path to the parking area.
Owner/Ctient Information.
The City of Glendale is the owner and Client for this project and will be represented by Michael
Johnson and/or David Beard. The Client is responsible for the following:
a. Geotechnical report for the site, and any required environmental or archaeological reports or
studies.
Site ALTA survey and title report, if required.
Provide any existing building and site drawings in PDF and CAD formats.
Provide for required construction materials testing and inspections (other than SSI).
Design, specification and procurement of all furniture, fixtures and equipment (FF&E).
Information to be provided to DFDG to be included in permit drawings for reference.
Arrange for a specialty vendor or consultant to provide the design and layout of security
systems, data, A/V, and telecommunications systems.
g. Improvements to the building's interior program spaces, interior finishes and furnishings, and
recommended improvements to building systems, roof, etc. that are required based ona
previously provided Facilities Condition Study.
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Building Information.
The new building will be renovated in close accordance with the Design Study Report dated
2/26/2021.
a. Exterior materials may include glass storefront systems, metal wall panels, EIFS, stucco, steel
and synthetic wood product.
b. Structural systems will comply with the buildings’s Type V-N Building Type.
c. Foundations will be typical continuous wall footings, concrete pad column footings, and slab
on grade construction.
d. The building will not be certified to any level of LEED or other green rating system.
February 24, 2021 2
4) Building Systems.
Building systems for the primary building will not be replaced, however distribution will be modified
as necessary for the reconfigured or new spaces. An additional HVAC unit will likely be required for
the expanded lobby space.
5) Schedule.
Based on traditional phased design delivery, the overall duration (including review cycles) is
approximately 28 weeks, NTP through Buidling Permit submittal. The project schedule will require
timely decisions by the Client in order to maintain the delivery dates. We assume the our cost
estimator and the City will require approximately 2 weeks, to run concurrently, following each of the
SD, DD and CD phases described below:
a. Pre-Design / Formal site plan and Design Review submittal will require approximately 2 weeks.
The City’s administrative approval process may require several weeks.
b. Once the Design Review process is completed, Schematic Design will require approximately 2
weeks.
Design Development will require approximately 3 weeks.
Construction Documents will require approximately 3 weeks.
8. Upon completion of the CD phase, the drawings will be submitted to the City for review by the
AHJ for permit approval. Once the first review is complete, design team will promptly make
revisions and resubmit for permit issuance.
f. Construction duration will be established by the Contractor. This proposal has assumed a
construction duration of 28 weeks. Delays in this construction schedule will result in additional
services as described in the fee below.
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6) Delivery Method.
The project will be delivered by either design-bid-build or JOC procurement, to be determined by the
City of Glendale.
7) Furniture, Fixtures & Equipment (FF&E).
There are no FF& E services required of, or provided by this project. If necessary, procurement and
installation of FF&E will be performed by the City of Glendale.
8) Signage.
Design intent drawings for exterior building signage will be provided as part of the final drawings. The
Contractor will employ a signage sub-contractor to execute final siganage design intent, fabrication
and installation.
B. BASIC SERVICES
1) Consultant Team.
a. DFDG will be the prime consultant, and provide architectural design services. Subconsultants will
include the following disciplines (see attached proposals for additional information):
b. DBAA will provide structural engineering services. Special structural inspection (if required by the
AHJ) will be offered through allowance, under Supplemental Services.
February 24, 2021 3
c. LSW will provide electrical engineering for basketball/activity court lighting, as part of Basic
Services.
d. EPS Group will provide civil engineering (grading and drainiage) under Basic Services.
Topographical survey and horizontal control are provided as a Supplemental Service.
e. EPS Group will provide landscape architecture and irrigation design under Basic Services.
Cumming Corrporation will provide cost estimating services, if requested by the City, as a
Supplemental Service.
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2) Pre-Design (PD).
DFDG and our consultants will prepare the required exhibits and make submittal to the City of
Glendale Planning Department for Design Review approval. The submittal will be based on the design
included with the Design Study Report, dated 2/26/2021. It is important to begin this process as soon
as possible, as it requires significant time to complete.
3) Schematic Design (SD).
Based on the the City approved Design Review submittal and the existing Design Study Report,
develop a schematic design package to include:
a. Develop preliminary floor plans, exterior elevations and site plan.
b. MEP engineer will provide HVAC and lighting system narrative.
c. Structural design will include preliminary framing concepts supplemented by narratives.
d. DFDG will attend weekly (as needed) on-line meetings during this phase.. Consultants will attend
meetings when their input is required.
e. The deliverable for this phase includes a schematic design set of drawings and narratives for any
relevant scope not yet identified on the plans.
4) Design Development (DD).
Based on the approved SD package, advance the design to approximately 70% complete, developing
sufficient detail for a reliable cost estimate:
a. Preliminary mechanical, plumbing and electrical plans.
b. Development of the exterior building renovation details, including wall materials, window
fenestration, and other design elements.
Prepare detailed wall sections for major wall assemblies and building components.
Reflected ceiling plan for modified interior spaces and new addition.
Development of structural foundation and framing plans.
Draft specifications in sheet spec format.
DFDG will attend bi-weekly meetings during this phase.
Final deliverable for this phase includes a design development package including drawings
identified above and narratives for any relevant scope not yet identified on the plans.
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5) Construction Documents (CD).
Based on the approved DD package, continue to develop the design and drawings to furnish a
complete set of documents suitable for plan review, CMAR bidding and construction.
a. Coordinate the drawings and sheet specifications of all subconsultants and incorporate into
the final CD package.
b. Submit a final set of documents for City review to the AHJ for plan review for permit.
February 24, 2021 4
Cc.
d.
Make all necessary corrections and updates and submit the final 100% CD package for final
review and bidding. Provide the City with a sealed, digital final document set to be used for
advertisement for bid, and construction. Client will be responsible for printing of hard copy
sets (if needed) for bidding and construction, and the distribution of bid documents.
DFDG will attend bi-weekly on-site meetings during this phase.
6) Construction Administration (CA).
The scope described below assumes the construction phase will be completed in the time frame
defined in the schedule above.
a.
b.
c.
In-house review of submittals and shop drawings by the architect and subconsultants.
Response to RFI’s and Contractor questions.
The architect will attend bi-weekly site meetings and observation of the work. Subconsultants
will attend intermediate site meetings when requested, as a Supplemental Service.
At Substantial Completion, the architect and subconsultants will conduct pre-final inspection
and prepare punchlist of work not completed or needing corrections. We assume that the
entire project will be ready for a single punchlist inspection, and we will not be required to
make multiple or phased punchlists. Prepare a Certificate of Substantial Completion using the
standard AIA Documents.
At final completion, conduct final inspection walk-through with Client and the CMAR. There is
no certificate issued at final completion, sign-off on the final application for payment is the
architect's confirmation that the project is complete.
Assist in review and coordination of project closeout, review of Contractor-prepared as-built
drawings, review of O&M manuals, warranties and other close-out material.
At Client's request, attend warranty walk one month prior to the expiration of Contractor's
warranty.
The CA services will be delivered over a 24 week duration, plus or minus one month. Should
the project schedule be delayed, an additional expense will apply for every month of schedule
change. See Section D for monthly rate, which will be billed based on the number of months
the schedule is adjusted.
Record Drawings: DFDG and our consultants will prepare record drawings, based on the
Contractor's as-builts. We will update the Revit files.and submit electronic files to Client in PDF
and CAD formats.
7) Supplemental Services and Allowances.
The following Supplemental Services are noted as separate line items in the fee proposal of Section D
below and will be included in the full scope of services provided by DFDG.
a.
Owner's Design Contingency Allowance: DFDG has included an allowance amount to be
utilized only at the Client's discretion, and intended to cover design services for additional
scope that may arise from Client changes to scope, unknown building conditions, etc.
Site Survey: To include topo as needed for design, and to establish boundaries and horizontal
control.
Cost Estimating Allowance: Provide cost estimates at SD, DD and CD phases (or fewer if
directed by Client). Scope is indicated on attached proposal from subconsultant.
Structural Special Inspections Allowance: If required by the AHJ, the structural engineer will
conduct Special Structural Inspections on a time & expense basis, at $110/hour.
February 24, 2021
Cc. EXCLUSIONS
The following services are not included under Basic Services, and would be provided as Additional
Services if requested by the Client.
a.
b.
ao
A change or increase in the project scope, or making changes to the documents that are
inconsistent with previously furnished information or approvals.
Design of future building expansion, campus master planning, or detailed design or
engineering for site improvements beyond the project site boundaries (except for preliminary
studies).
Design of offsite improvements or offsite utilities.
Providing geotechnical, floodplain, upstream water drainage discharge, archeological or
environmental studies or reports.
Special studies or reports involving traffic studies, vibration analysis, or other special studies
requiring special expertise.
Detailed design or drawings of special systems that will be provided by the Client or
Contractor. We will, however, provide necessary power and conduit for systems.
i. Security systems.
ii. IT, data or telecommunications.
iii, Detailed calculations and drawings for fire sprinkler system.
iv. AV systems.
Special EIFS inspection (if applicable), or special electrical inspection if required.
Preparation of scale models or fly-through computer models.
Services following completion of construction, except for record drawings.
Additional meetings or presentations beyond those indicated in Section B above.
Renderings (artistic or photorealistic), beyond any described in the Scope of Work are
available as an additional service.
Design or detailing of demountable partition systems (if applicable).
Interior design services for existing building spaces. Interior design is limited to areas of new
construction (if any) that are part of this project.
Design services related to FF&E (this is provided by the furniture vendor):
i. Detailed design of modular workstations or furnishings.
ii. FF&E bid services or procurement.
iii, Move coordination.
iv. Custom furniture design.
v. Installation drawings.
February 24, 2021
EXHIBIT C
Professional Services Agreement
SCHEDULE
Based on traditional phased design delivery, the overall duration (including review cycles) is approximately 28 weeks,
NTP through Buidling Permit submittal. The project schedule will require timely decisions by the Client in order to
maintain the delivery dates. We assume the our cost estimator and the City will require approximately 2 weeks, to
run concurrently, following each of the SD, DD and CD phases described below:
a. Pre-Design / Formal site plan and Design Review submittal will require approximately 2 weeks. The City’s
administrative approval process may require several weeks.
b. Once the Design Review process is completed, Schematic Design will require approximately 2 weeks.
c. Design Development will require approximately 3 weeks.
d. Construction Documents will require approximately 3 weeks.
e. Upon completion of the CD phase, the drawings will be submitted to the City for review by the AHJ for permit
approval. Once the first review is complete, design team will promptly make revisions and resubmit for permit
issuance.
f. Construction duration will be established by the Contractor. This proposal has assumed a construction duration of
28 weeks. Delays in this construction schedule will result in additional services as described in the fee below
EXHIBIT D
Professional Services Agreement
COMPENSATION
METHOD AND AMOUNT OF COMPENSATION
Time and materials not to exceed
NOT-TO-EXCEED AMOUNT
The total amount of compensation paid to Consultant for full completion of all work required by the Project during
the entire term of the Project must not exceed $167,554.
DETAILED PROJECT COMPENSATION
Basic Services $124,987
- Pre-Design — Design Review Process $4,150
- Schematic Design $18,390
- Design Development $26,532
- Construction Documents $30,352
- Bid / Negotiation Phase $3,020
Construction Administration $38,892
- Record Drawings $3,651
- Supplemental Services $40,067
- Owner’s Design Contingency Allowance $15,000
- Site Survey — Topo & Boundary / Horizontal Control $4,125
- Cost Estimating Allowance $19,442
- Structural Special Inspections Allowance $1,500
- Reimbursable Expenses Allowance $2,500
Total Fee Proposal — Not to Exceed $167,554.