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CC 2014-01-14_08.k. Agreement - Corp Yard Renovation ProjectMEMORANDUM TO: CITY COUNCIL FROM: GEOFF ENGLISH, DIRECTOR OF PUBLIC WORKS SUBJECT: CONSIDERATION OF A CONSUL TANT SERVICES AGREEMENT FOR THE CORPORATION YARD RENOVATION PROJECT DATE: JANUARY 14, 2014 RECOMMENDATION: It is recommended the Council: 1. Approve a consultant services agreement with Harris Architecture & Design in · the amount of $34,000; and 2. Authorize the City Manager to approve change orders up to 10% of the contract amount, $3,400, for additional work and unanticipated costs during the design and environmental review process (total contract costs = $34,000 + $3,400 = $37,400). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The adopted FY 2013/2015 fiscal year budget includes $440, 000 for the Corporation Yard Renovation project. The FY 2012/13 CIP budget included $60,000 for the project, but was not expended and has been carried over to FY 2013/14. On October 22, 2013, the Council appropriated an additional $25,000 for the project, bringing the total available FY 2013/2015 budget to $525,000. The amended FY 2013/14 CIP budget for design and survey of this project is $37,000. No additional appropriations are needed at this time. Minor staff time will be necessary to coordinate the final design plans with the Architect and to route the construction plans through the permitting process. BACKGROUND: The Arroyo Grande Corporation Yard, located at 1375 Ash Street, was constructed in 1965. The Corporation Yard provides staffing accommodations, equipment and vehicle storage for the Public Works Department. The Public Works Department functions include Water, Wastewater, Parks, Streets and Facility Maintenance. In addition, the Corporation Yard provides fueling services for aWCity vehicles. The current facility is aging and does not provide adequate accommodations for the Public Works Department staff. The City Council recognized the deficiencies of the current facility and allocated funds in the budget to complete a renovation project. Staff Item 8.k. - Page 1 CITY COUNCIL CONSIDERATION OF A CONSULTANT SERVICES AGREEMENT FOR THE CORPORATION YARD RENOVATION PROJECT- JAN.UARY 14, 2014 PAGE2 previously secured architectural services to assist in the preparation of conceptual design plans and cost estimates for the project, which were presented to and approved by the City Council at its October 22, 2013 meeting. The conceptual plan approved by the City Council proposes a forty (40) foot by fifty (50) foot new Administration building to be located in a currently unused portion of the site east of the existing Administration building. This new building would provide the following spaces: .. ~, • Meeting I Training I Break Room • Reception area • Two Supervisor offices • Copy Room • Conference Room • Restroom • Director's office Areas in the existing Administration building that currently accommodate a break room, reception area, and offices are proposed to be renovated into separate men's and women's restrooms and locker rooms. An area currently used for parts storage will be renovated into a joint office area for the Public Works Lead Workers. The reuse of this area will allow for office and work space for staff currently using an area in a separate building, thereby bringing all field staff into the same building to help improve communication and project coordination. An area vacated in the former Parks Division office will be used for document storage, allowing plans and archived files to be stored in a dry and accessible location. At the October 22, 2013 meeting, the City Council also authorized staff to distribute a Request for Proposals for architectural and engineering design consultant services for the project. On November 12, 2013, a Request for Proposals for design services was sent to local architectural firms. The scope_ of work for the proposing architectural firms was for drafting and design services required to construct a new building and renovate an existing City-owned building to accommodate the Arroyo Grande Public Works Department. By December 3, 2013, five (5) proposals were received which were subs~quently evaluated by staff (Attachment 1 ). ANALYSIS OF ISSUES: A proposal review team was formed, including the following staff and consultants: o Geoff English, Director of Public Works o John Hurst, Building Official • Ron Simpson, Streets and Landscape Supervisor • Jill McPeek, Senior Engineer with Wallace Group Item 8.k. - Page 2 CITY COUNCIL CONSIDERATION OF A CONSULTANT SERVICES AGREEMENT FOR THE CORPORATION YARD RENOVATION PROJECT JANUARY 14, 2014 PAGE3 The proposal review team evaluated the five (5) proposals based on the following criteria outlined in the Request for Proposals:. • Understanding of the work to be performed • Experience of proposed personnel _ • Experience with similar assignments • Familiarity with Arroyo Grande building submittal & review processes. • Ability to complete the project efficiently and oh schedule Based on the graded proposal evaluation process, Harris Architecture & Design Associates of Arroyo Grande was determined to be the most qualified consultant firm for this project. Harris Architecture & Design is a highly regarded local firm with relevant experience with similar projects and with significant experience and understanding of the City of Arroyo Grande building design requirements and review process. Staff recommends that the City Council approve a consultant services agreement with Harris Architecture & Design in the amount of $34,000 for design services related to the Corporation Yard Renovation Project (Attachment 2). ADVANTAGES: Approving a consultant services agreement with Harris Architecture & Design for design services for the Corporation Yard Renovation Project has the following advantages: • The proposed scope of services requires the utilization of an Architectural design firm as significant portions of this design work cannot be completed by current City staff. • Harris Architecture & Design was the highest ranked firm in the proposal review process and is qualified to provide the services requested. • Harris Architecture & Design has a high degree of familiarity with the City of Arroyo Grande building design requirements and review process. • Harris Architecture & Design has the capability to complete the proposed scope of work in a timely manner so that construction activities may be completed on schedule during the late summer of 2014. • The Harris Architecture & Design proposal was within the budgeted amount for design services. DISADVANTAGES: The only disadvantage of the recommended action identified is the expenditure of funds that could be used for other needs. Item 8.k. - Page 3 CITY COUNCIL CONSIDERATION OF A CONSULTANT SERVICES AGREEMENT FOR THE CORPORATION YARD RENOVATION PROJECT JANUARY 14, 2014 PAGE4 ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1) Approve the Agreement for Consultant Services with Harris Architecture & Design; 2) Modify the scope of services and approve the Agreement; 3) Continue the item and direct staff to review proposed modifications to the scope of work with Harris Architecture & Design; 4) Award the project to one 9f the other firms that submitted a proposal. 5) Do not approve the Agreement; or 6) Provide other direction to staff. ENVIRONMENTAL REVIEW: No environmental review is required for this item. Appropriate environmental review will be completed prior to approval of construction. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, January 9, 2013. The Agenda and staff report was posted on the City's website on Friday, January 10, 2013. No comments were received. Attachments: 1. List of Architectural Design firms that submitted proposals Item 8.k. - Page 4 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of January 16. 2014, between HARRIS ARCHITECTURE & DESIGN ("Consultant"), and the CITY OF ARROYO GRANDE, a Municipal Corporation ("City"). In consideration of the ml!tual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on January 16, 2014 and shall remain and continue in effect until December 31, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the tasks described and comply with all terms and provisions set forth in Exhibit "A", attached hereto and incorporated herein by this reference. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. TERMINATION ON OCCURRENCE OF STATED EVENTS City's Director of Public Works shall represent City in all matters pertaining to the administration of this Agreement. Kyle Harris, Principal, shall represent Consultant in all matters pertaining to the administration of this Agreement. 5. PAYMENT The City agrees to pay the Consultant in accordance with the payment rates and terms set forth in Exhibit "B", attached hereto and incorporated herein by this reference. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Page 1 Item 8.k. - Page 5 (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 7. TERMINATION ON OCCURRENCE OF STATED EVENTS This Agreement shall terminate automatically on the occurrence of any of the following events: (a) Bankruptcy or insolvency of any party; (b) Sale of Consultant's business; or (c) Assignment of this Agreement by Consultant without the consent of City. (d) End of the Agreement term specified in Section 1. 8. DEFAULT OF CONSULTANT (a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. LAWS TO BE OBSERVED. Consultant shall: (a) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this Agreement; (b) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in Consultant's Page 2 Item 8.k. - Page 6 performance, under this Agreement, or the conduct of the services under this Agreement; . (c) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (d) Immediately report to the City's Contract Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. (e) The City, and its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 10. OWNERSHIP OF DOCUMENTS (a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 11. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. Notwithstanding anything herein to the contrary, to the fullest extent permitted by law for all design professional services arising under this Agreement, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs and expenses, including Page 3 Item 8.k. - Page 7 attorney's fees and costs which arise out of, pertain to, or relate to the negligence recklessness, or willful misconduct of Consultant. 12. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit "C" attached hereto and incorporated herein as though set forth in full. 13. CONSUL TANT (a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to Consultant in connection with performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 14. UNDUEINFLUENCE Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of the City of Arroyo Grande in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Arroyo Grande will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, Page4 Item 8.k. - Page 8 in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement. 16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 17. NOTICES Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States. Mail, certified mail, postage prepaid, return · receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To City: To Consultant: City of Arroyo Grande Geoff English, Public Works Director 300 East Branch Street Arroyo Grande, CA 93420 Harris Architecture & Design Kyle Harris 151 West Branch Street Arroyo Grande, CA 93420 Page 5 Item 8.k. - Page 9 18. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, without the prior written consent of the City. 19. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior or federal district court with jurisdiction over the City of Arroyo Grande. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. City and Consultant agree that time is of the essence in this Agreement 21. TIME City and Consultant agree that time is of the essence in this Agreement. 22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL Consultant is bound by the contents of the City's Request for Proposal, Exhibit · "D", attached hereto and incorporated herein by this reference. In the event of conflict, the requirements of City's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals. 23. CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. Page 6 Item 8.k. - Page 10 24. AMENDMENTS Amendments to this Agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this Agreement. 25. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ARROYO GRANDE CONSULTANT Tony Ferrara, Mayor Attest: Principal Kelly Wetmore, City Clerk Approved As To Form: Timothy J. Carmel, City Attorney Page 7 Item 8.k. - Page 11 EXHIBIT A SCOPE OF WORK Schematic Design • Initial kickoff meeting with City Staff and key stake holders to review preliminary designs and budgets and prepare base plans for design documents • Deliverables; Schematic Plans and Elevations, phasing schedule and description of additive alternates for renovation of the existing facility Design Development • 2 meetings with City Staff and key stake holders, one to present DD level plans, sections, elevations and details, and one to review the cost estimate that will be prepared at this phase • Deliverables: DD Set of plans and specs, DD level cost estimate, Preliminary Colored building elevations for presentation to ARC, and ARC application and presentation. Comments from the ARC will be addressed and incorporated into the construction documents • Staff review and comments Construction Documents • 1 meeting with City Staff and key stake holders to present final plans and specs that include all consulting engineers completed documents and indicate final bid specs and alternates and any other bidding special requirements. Additional meetings as needed to finalize the b.id documents • Preparation of City Building Permit application and all associated and required documentation including structural calcs, title 24 energy documentation and certifications • Deliverables: Building and civil engineering Plans and technical specifications (including measure and payment), Structural calculations, Title 24 documentation and certification, bid schedule (schedule of values) • Final update of Cost estimate Plan Check • Address any plan check comments from building permit application Page 8 Item 8.k. - Page 12 • Back check and sign-off from City Building Official • Deliverables; Approved set of construction documents ready for bidding Bidding • Address and respond to any questions and requests (RFl's) that arise during the bid period and issue clarification addenda or other documentation as needed • Attend pre-bid Job Walk Construction Admin and Project Close-out • Attend weekly site meetings for the duration of the construction project • Assist City and Contractor during construction period • Review shop drawings, product information and issue clarifications if needed • Resolve and issues that present themselves during the project • Assist the City in preparing the close out documents As noted in our RFP response, design fees do not include the following items: 1. City application and/or review fees (to be paid by the Owner) or other agency fees I permits. 2. Survey and underground utility mapping 3. Printing of construction documents (plans and specs) for bidding and construction 4. Special testing, on-site construction management, geotechnical studies, hazardous materials identification or abatement, safety monitoring or directing of the construction activities 5. Items outside of the Scope of Work will be addressed through an amendment to the Consultant agreement Page 9 Item 8.k. - Page 13 Schematic Design • Fee: $3,000.00 Design Development • Fee: $10,000.00 Construction Documents • Fee: $12,000.00 Plan Check • Fee: $1,000.00 Bidding • Fee: $1,000.00 EXHIBIT B PAYMENT SCHEDULE Construction Admin and Project Close-out • Fee: $7,000.00 (billed in monthly installments for the duration of the project) Page 10 Item 8.k. - Page 14 EXHIBIT C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designated to protect against acts, errors or omissions of the Consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agraeme~. · Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Page 11 ---Item 8.k. - Page 15 Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state California and with an A.M. Bests rating of A-or better and a minimum financial size VII. General conditions pertaining to prov1s1on of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all Consultants, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Consultants and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any Consultant or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement Page 12 Item 8.k. - Page 16 and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will· provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Consultant, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At the time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increase benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirements in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. Page 13 Item 8.k. - Page 17 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Page 14 Item 8.k. - Page 18 EXHIBIT D CITY'S REQUEST FOR PROPOSAL Page 15 ___ __J Item 8.k. - Page 19 CITY OF Public Works Department Request for Proposal (RFP) ARCHITECTURAL DESIGN SERVICES FOR THE CORPORATION YARD ADMINISTRATION BUILDING AND RENOVATION PROJECT Due: Tuesday,December3,2013 No later than 4:00 P.M. Deliver to: City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 Attention: Geoff English Public Works Director November 12, 2013 Item 8.k. - Page 20 CITY OF ARROYO GRANDE CORPORATION YARD ADMINISTRATION BUILDING AND RENOVATION PROJECT REQUEST FOR PROPOSALS I. PROPOSAL INTENT The City of Arroyo Grande, California intends to contract with a professional architect or architectural firm to provide drafting and design services required to construct a new building and renovate an existing city-owned building located at 1375 Ash Street in Arroyo Grande, California. The buildings will be designed to accommodate the Arroyo Grande Public Works Department. The proposer should demonstrate, through this RFP, knowJedge and experience with City of Arroyo Grande requirements and permit processing, and ability to design projects in a timely and cost-effective manner. Responses should be prepared simply and economically, providing a straightforward and concise description of the respondent's capabilities to satisfy the requirements of this request. II. BACKGROUND The Arroyo Grande Corporation Yard, located at 1375 Ash Street, was constructed in 1965. The Corporation Yard provides staffing accommodations, equipment and vehicle storage for the Public Works Department. The Public Works Department functions include Water, Wastewater, Parks, Streets and Facility Maintenance. In addition, the Corporation Yard provides fueling services for all City vehicles. The current facilities at the corporation yard are antiquated, have been extended beyond their life span, and do not provide adequate accommodations for the Public Works Department staff. Original estimates to replace the building exceeded $2 million. Therefore, an alternative plan was proposed that continues to utilize the existing building primarily for storage and maintenance functions, and constructs a new 40' x 50' building for office and staff functions. In response, the City Council allocated funds in the current capital improvement budget to complete a renovation project. Staff secured the services of an architectural firm to assist in the preparation of conceptual design plans for the renovation project and enlisted the Public Works Department field crews to participate in the process. Many of their recommended design elements were included in a final conceptual design plan which was presented to and approved by the City Council on · October 22, 2013. These design elements included: • Create separate Men's and Women's changing rooms and bathrooms (the current facility was not constructed to accommodate both male and female staff). • Create adequate office spaces in the same area for the Public Works Administrative staff (current office spaces are deficient and located in different buildings). • Create dedicated document storage areas (currently, public improvement plans and archive documents are stored in an unsuitable mezzanine area that was not intended for routine employee access). • Provide a suitable break room and training facility that can accommodate all of the Public Works staff (the Parks, Streets and Facility Maintenance employees assemble in a separate building, creating an undesired separation of staff). • Upgrade the existing restroom facilities to comply with the Americans with Disabilities Act (ADA) (there are no wheelchair accessible restrooms at the Corporation Yard). • Extend the life of the current structures. City of Arroyo Grande Page 1of4 November 8, 2013 _ ___J Item 8.k. - Page 21 RFP for Architectural Design Services for the Corporation Yard Administration Building and Renovation Project Conceptual Design Plan A proposed forty (40) foot by fifty (50) foot building would be located in a currently unused location adjacent to an existing metal building that currently serves as the administration building (Attachment 1 ). The existing administration building is proposed to be renovated into separate men's and women's restrooms and locker rooms, a joint office area for the Public Works Lead Workers, and an area for document storage (Attachment 2). The new Public Works Administration Building (Attachment 3) proposes to provide the following spaces: • Meeting Room/ Training Room/ Break Room • Two Supervisor offices • Conference I Plan Review Room • Director's office • Reception area • Copy Room • Restroom A proposed elevation view is presented in Attachment 4. The space allocation study and conceptual design plan element of this renovation project has been completed and it is anticipated that only minor alterations to the conceptual design plans may be necessary during the development of final construction drawings. Ill. SCOPE OF SERVICES The Architect shall prepare a package that responds to construction cost limitations, optimizes lifecycle costs, and satisfies functional requirements. The Architect shall expand upon the approved conceptual design plans to prepare detailed construction drawings and specifications. The drawings should illustrate correct room sizes and shapes from the conceptual floor plans, and the design of the structure, mechanical and electrical systems. The Architect shall prepare outline specifications that list the major materials and room finishes to be used that are both durable and low maintenance. The Architect will provide color options for all finishes including the exterior painting of the existing buildings. (All interior cabinetry and furniture will be provided and installed by the City of Arroyo Grande and will not be part of the Scope of Work.) The Architect will need to verify that the design complies with City of Arroyo Grande building codes and Commercial I Industrial Submittal Requirements as outlined in Attachment 5. The Architect will also develop an itemized final project budget to be used for the public bidding process. The bid format will include "Add-alternates" for the existing building renovations, exterior painting and other potential construction elements that will be separate bid items. City of Arroyo Grande Page 2 of 4 November 8, 2013 Item 8.k. - Page 22 RFP for Architectural Design Services for the Corporation Yard Administration Building and Renovation Project Meeting requirements • Kick-off meeting with City staff to discuss materials, schedule, budget, etc. • Three on-site design plan progress meetings • Architectural Review Committee • Staff Advisory Committee meeting Deliverables • Construction drawings and specifications for both the remodel of the existing administration building and construction of the new Public Works Administration Building. • Structural calculations, if any, including manufacture trusses if used. • Requirements for HVAC and Title 24 energy documentation • Landscape plan • Development of final itemized construction budget. • Development of bidding documents. The project bid schedule will separate the new building and the renovation of the existing building. The City desires to begin construction of the project in Summer, 2014. Proposing Architects must agree to enter into the City's Standard Consultant. Agreement and provide the required Insurance as stipulated in Attachment 6. IV. PROPOSAL FORMAT AND CONTENT 1. Introduction A summary statement which would demonstrate that the prospective proposer has a clear understanding of the City's objectives and how it expects to address them. 2. Management and Staffing List the rolls and responsibilities of the individuals who will be directly involved with the project, including the Project Manager that will be the primary contact with City staff and any subcontractors, and provide their individual resumes. 3. Prior Related Experience Provide three governmental agency references for projects of similar scope and nature performed within the last five (5) years 4. Work Plan • Describe the approach to be taken in addressing the proposed scope of work. This description should include delineation of specific tasks to be undertaken in each project activity. • Include a project schedule showing start and completion dates for all major tasks, including milestone dates and processing time for review by the City. 5. Fee Schedule The Architect is requested to provide an hourly fee schedule for each project team member, as well as charges for reimbursable expenses. The Architect will be selected based on qualifications. Upon selection of the most qualified Architect, the City will negotiate a reasonable fee with the successful Architect. If negotiations are not successful, the next most qualified architect will be notified for fee negotiations. City of Arroyo Grande Page 3 of 4 November 8, 2013 Item 8.k. - Page 23 RFP for Architectural Design Services for the Corporation Yard Administration Building and Renovation Project V. SELECTION PROCESS A review committee will evaluate the proposals based on the following: • Understanding of the work to be performed • Experience of proposed personnel • Experience with similar assignments • Familiarity with Arroyo Grande building submittal & review processes. 20 points 20 points 20 points 20 points • Ability to complete the project efficiently and on schedule (Maximum Total Points -100) 20 points VI. TENTATIVE SCHEDULE OF EVENTS The following are the anticipated schedule of events for the project: Design Issue RFP Proposals due to the City by 4:00 PM Consultant Selection City Council Award of Design Contract Design Kick-Off Meeting Design Completion Bidding I Contract Award Advertisement Bid Opening Council Award of Construction Contract Construction Notice to Proceed Construction Contract Completion VII. SUBMITTAL 1. Submit a total of one copy to: Geoff English Public Works Director City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 November 12, 2013 December 3, 2013 December 20, 2013 January 14, 2014 January 29, 2014 March 28, 2014 April 2014 May 2014 June 2014 July 2014 December 2014 2. Show the following information on the outside of the package: • Consultant's name and address • Corporation Yard Administration Building and Renovation project 3. Closing Date: All proposals must be received by 4:00 PM, December 3, 2013. I 4. The City reserves the right to reject any or all proposals for any or no reason. For more information, please contact Geoff English at (805) 473-5466. City of Arroyo Grande Page 4 of 4 November 8, 2013 Item 8.k. - Page 24 RFP for Architectural Design Services for the Corpo ration Yard Administratio n Building and Reno vation Project Ci ty of Arroyo Grande Attachment 1 Conceptual Site Plan Attachment 1 -Page 1 of 1 • November 8, 2013 Item 8.k. - Page 25 RFP for Architectural Design Services for the Corporation Yard Administration Building and Renovation Project Attachment 2 Conceptual Floor Plan -Existing Building D D C\JE ~ o~= r-! I ·$ I I :;! I I I I I I I I I I I I I I ·-u r-% I ;!, I a I r· I ~ I CIC~ I 8 ~: I I a I I ... ·-0 ?:: u rg~ C> c: d!: :0 ·5 al C> .5 .~ x w c: 2 ~~ .... ts r-8~ -2 e& u.. 5 -u ca u ::>% :l 0 CICll a~ Q) -ug c: s Oc:: u :i r- ·O'' I I I ~ 1 f I "' I I c ., 1~ I -; I I I I ~: I I ' I I ' I J ·- City of Arroyo Grande Attachment 2 -Page 1 of 1 November 8, 2013 Item 8.k. - Page 26 RFP for Architectural Design Services for the Corporation Yard Administration Building and Renovation Project i I~ •. ii '-~-. r--""'- Attachment 3 . I Conceptual Floor Plan • New Building . I t". I ~ -,_--"""i" I I I ·., ~ r-1-, b \ __ , I I ,.:':j Iii -fil : -~ a: t _ ,. ~ I ; ---i------~ -\._ '.~ r--l ~. e:.m-==-==ll!:m-----=----,....,.,, ~ .- City of Arroyo Grande Attachment 3 -Page 1 of 1 November 8, 2013 Item 8.k. - Page 27 RFP for Architectural Design Services for the Corporation Yard Administration Building and Renovation Project t' i J c ~ ~ c e ~ ~ ; .. = t Q, I i c • 1 5 City of Arroyo Grande Attachment 4 Elevation View Attachment 4 -Page 1 of 1 co ·$ r * Q, q ... ... ! i I IS 6 j CD ~ ili ! .. f ~-!. ~r ' • • November 8, 2013 Item 8.k. - Page 28 RFP for Architectural Design Services for the Corporation Yard Administration Building and Renovation Project Attachment 5 City of Arroyo Grande Commercial / Industrial Submittal Requirements City ofArroyo Grande Community Dei·elopment Department Division of Building and Life Safety 300 E. Brt111ch St. Arroyo Gra11Je. Cu. 93420 S05!4i 3-5450 Commercial I lndustrinl SubmittaJ Requirements Submit three complete sets (plus one additional floor plan for the assessor's office) of dimensioned and i;cakd drattings, lndudhig: Cl Sire plan -showing str;cti;, acljac::nr tenants, emmnc.: and disabled acces..; purking. Cl Floor plan· show all ckx!f and window sizes and locations. label the use of the building. Cl Structural plans Cmcludllig fowtdaticm., fiuming. roof plans, nnd details)_ Cl Electrical plans -JXilld schc:ch1lc. single line diagram. reflected ceiling plan Cl Mi:chanical and Plumlring pl<ins. Cl Two sets of wet stamped and signed structural ca.lculations. Cl Two sets of soils report. CJ Two sets of energy calc11.latio11s -Env .. Ltg .. mdJor !\·tech. (for conditioned space only). APPROV4L~ REQUIRED PRJOR TO PERJ\IIT ISSUANCE: ;;. City of Arroyo Grande Community Development Dt!partmi:?m for \iew shed review., lot co\·erage, and other Development Cod:: rel&led items. ;;. City of Arroyo Gmnde Enginc::.-ring Division lo detennini: required Public Works i.mprowmdllS incJuding curb. guild and sidewalk. ancl under grounding of 1nilitie>. ;. School fees are required to he p(1id for stmcrures. Contact th.: Arroyo Grrmck Building Division for rek.s.s.c forms that musl be taken to the Lucia ~far School District (80514i4-3000) prior lo permit issuance. ;;. San Luis Obispo County Emironrnental Health Sen-ices, for food service type of businesses. ~.ou: A-$epamt~· grading pbn_dll-$ 5ubmftt:tl ls: requ(rt;d for all new c01jStruCdon p~:: 'triti(r#; ~s:.g·l!~Udlltgs 'mere .~Pro'·~ineru.~ .,eing p·ro~ wUJ ~re 50: ~b~ ya~ .. or more.Clf cooihbied'.c:Qt and fill ·The grading plaouhall be prepared, stamped-and stpd ::i>y;a·Caui'ornb ~stered·tMI Engineer. The BulldlngQmetaL prior to fbe,J-~of.tbe. '.·ti.u,1Jlfia2 Perintt. must :1J1iJntre the corUiJat'tiOD report and pad .certitkatlon. · City of Arroyo Grande Attachment 5 -Page 1 of 1 November 8, 2013 Item 8.k. - Page 29 RFP for Architectural Design Services for the Corporation Yard Administration Building and Renovation Project Attachment 6 Standard Consultant Agreement City of Arroyo Grande Attachment 6 -Page 1 of 1 November 8, 2013 Item 8.k. - Page 30 CITY OF ARROYO GRANDE BID OPENING LOG SHEET Attachment 1 DEADLINE: TUESDAY, DECEMBER 3, 2013 -4:00 PM PROJECT NAME: CORPORATION YARD ADMINISTRATION BUILDING AND RENOVATION PROJECT PROJECT NO. NIA ENGINEER'S ESTIMATE: NIA SUBMITTED BY: Ravatt Albrecht & Associates, Inc. San Luis Obispo, CA Harris Architecture & Design Arroyo Grande, CA IBI Group Architecture Planning San Luis Obispo, CA Kruger Bensen Ziemer Architects Santa Barbara, CA MW Architects San Luis Obispo, CA c: Director of Community Development Assistant City Engineer TOTAL Hourly fee schedule provided " Director of Public Works City Manager __J Item 8.k. - Page 31 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.k. - Page 32