CC 2019-08-27_11a Agreement_Conceptual Design Recreation Services BuildingMEMORANDUM
TO: CITY COUNCIL
FROM: SHERIDAN BOHLKEN, RECREATION SERVICES DIRECTOR
BILL ROBESON, PUBLIC WORKS DIRECTOR
BY: JILL MCPEEK, CAPITAL IMPROVEMENT PROJECT MANAGER
SUBJECT: CONSIDERATION TO APPROVE AN AGREEMENT WITH OMNI DESIGN
GROUP, INC. FOR THE CONCEPTUAL DESIGN OF A REPLACEMENT
RECREATION SERVICES BUILDING, PW 2019-03
DATE: AUGUST 27, 2019
SUMMARY OF ACTION:
As part of the Soto Sports Complex Master Plan, approval of an Agreement for Consultant
Services to prepare a design plan for a replacement Recreation Services building and
planning level construction cost estimate.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The amended FY 2018-19 and FY 2019-20 Capital Improvement Program Budget
includes $50,000 for a Soto Sports Complex/Elm Street Community Center Master Plan.
Staff time will be necessary to oversee and coordinate with the design consultant.
RECOMMENDATION:
It is recommended the City Council:
1. Approve an Agreement for Consultant Services with Omni Design Group, Inc. in
the amount of $39,400 for design and cost estimating services for a replacement
Recreation Services building; and
2. Authorize the Mayor to execute the Agreement for Consultant Services.
BACKGROUND:
In 2018, the Capital Improvement Project to upgrade the Mark M. Millis Community
Center was reformed to create a Master Plan for the Soto Sports Complex. Staff has
determined the first phase and key component to the Soto Sports Complex Master Plan
is the site location, facility design and associated cost estimates for a replacement
Recreation Services building. The design and plans will include information gathered from
meetings with current user groups in order to maximize use of the facility, provide safety
and economic development opportunities through site location and circulation plans, and
meet the recreation needs of the community.
Item 11.a. - Page 1
CITY COUNCIL
CONSIDERATION TO APPROVE AN AGREEMENT WITH OMNI DESIGN GROUP,
INC. FOR THE CONCEPTUAL DESIGN OF A REPLACEMENT RECREATION
SERVICES BUILDING, PW 2019-03
AUGUST 27, 2019
PAGE 2
The Mark M. Millis Community Center serves as administrative offices for the City’s
Recreation Services Department where patrons may reserve a City park or facility,
receive community information, or register for a recreation program. In addition, the
building provides space for activities such as the Children In Motion Before and After
School Childcare Program, Play and Learn Preschool, youth camps and classes, senior
fitness classes, and meeting space for community groups. On busy summer days, the
building provides a base for over 125 children plus staff and community patrons.
The Mark M. Millis Community Center is a prefabricated modular building that is over 50
years old, is beyond its useful life, and does not offer satisfactory space for the City’s
recreation services and activities. While City staff remain diligent to keep up with repairs,
the building continues to deteriorate in ways that are beyond repair. Considerations such
as parking lot traffic flow, licensing requirements for childcare, access for active adults
and seniors, and community needs will determine the placement, sizing and cost for a
replacement facility.
ANALYSIS OF ISSUES:
On April 15, 2019, Requests for Proposals (RFPs) were distributed to three local
architectural firms with the primary intent to establish a conceptual design plan and
planning level construction cost estimate for a replacement Recreation Services building.
On April 30, 2019, two proposals were received. Staff reviewed the proposals and based
on scope of work and relevant experience, Omni Design Group’s proposal was more in
line with the City’s needs for the project. On May 22, 2019, City staff met with Omni Design
Group to review the project scope and design fee. It was the consensus of the group that
both the scope and fee were appropriate for preparing the conceptual design plan for a
replacement Recreation Services building and cost estimates.
These plans and cost estimates for a replacement Recreation Services building will
provide the needed information regarding construction costs associated with a principal
component of the City’s recreation services. With this cost estimate information, the
Council can make a more informed decision when considering the next phase of the
Master Plan which will focus on the concessions stand, community garden, field layouts
and improvements to the sports fields within the complex.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendations;
2. Do not approve staff’s recommendation; or
3. Provide direction to staff.
ADVANTAGES:
Approval of this agreement will allow for the development of the design and cost
estimating services for a universally accessible Recreation Services building that meets
Item 11.a. - Page 2
CITY COUNCIL
CONSIDERATION TO APPROVE AN AGREEMENT WITH OMNI DESIGN GROUP,
INC. FOR THE CONCEPTUAL DESIGN OF A REPLACEMENT RECREATION
SERVICES BUILDING, PW 2019-03
AUGUST 27, 2019
PAGE 3
health and safety codes and provides adequate space for all of the City’s recreation
needs. The replacement building will minimize water, energy and natural resource
consumption through the use of modern building systems, and will have the potential to
generate additional revenues.
DISADVANTAGES:
None identified at this time.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item at this time.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Item 11.a. - Page 3
Page 1
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of August 27, 2019, between OMNI
DESIGN GROUP (“Consultant”), and the CITY OF ARROYO GRANDE, a Municipal
Corporation (“City”). In consideration of the mutual covenants and conditions set
forth herein, the parties agree as follows:
1.TERM
This Agreement shall commence on August 27, 2019 and shall remain and
continue in effect until June 30, 2020, 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.AGREEMENT ADMINISTRATION
City’s Recreation Services Director shall represent City in all matters pertaining to
the administration of this Agreement. Thomas Reay 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 here in by this reference
provided, however, that in no event will the total amount of money paid to the Consultant
for services initially contemplated by this Agreement, exceed the sum or $39,800 unless
otherwise first approved in writing by City.
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.
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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.
(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;
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(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 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 adequ ate
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 s hall 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,
Item 11.a. - Page 6
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employees and agents from and against any and all losses, liabilities, damages, costs
and expenses, including 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.INDEPENDENT CONSULTANT
(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.UNDUE INFLUENCE
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 con nection 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,
Item 11.a. - Page 7
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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, addres sed 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: City of Arroyo Grande
Sheridan Bohlken
300 East Branch Street
Arroyo Grande, CA 93420
To Consultant: Omni Design Group
Thomas George Reay
711 Tank Farm Road, Suite 100
San Luis Obispo, CA 93401
Item 11.a. - Page 8
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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.
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 this Agreement and the contents of the
proposal submitted by the Consultant, Exhibit “D”, attached hereto and incorporated
herein by this reference. In the event of conflict, this Agreement shall take precedence
over the Consultant’s proposal.
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.
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.
Item 11.a. - Page 9
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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
By:__________________________ By:____________________________
Caren Ray Russom, Mayor
Its:____________________________
Attest: Vice President
Director of Architecture
____________________________
Kelly Wetmore, City Clerk
Approved As To Form:
_____________________________
Heather K. Whitham, City Attorney
Item 11.a. - Page 10
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EXHIBIT A
SCOPE OF WORK
Provide Architecture design and cost estimating services for the City of Arroyo Grande’s
new Recreation Services Building, in accordance with Consultant’s proposal attached as
Exhibit D.
Item 11.a. - Page 11
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EXHIBIT B
PAYMENT SCHEDULE
Architecture Design, Architecture Program, Floor Plan and Site Plan $29,800
Professional Cost Estimating 10,000
TOTAL $39,800
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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:
Commercial General Liability Insurance using Insurance Services Office “Commercial
General Liability” policy from CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Consultant or Consultant’s employees will use person al autos in any
way on this project, Consultant shall provide evidence of personal auto liability coverage
for each such person.
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.
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
agreement.
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.
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General conditions pertaining to provision 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
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
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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 ne gotiate 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.
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 t o 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.
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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 to 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.
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PROFESSIONAL ARCHITECTURE AND COST ESTIMATING SERVICES
PROPOSAL FOR THE
CONCEPT PLAN AND BUDGET FOR A NEW
REPLACEMENT RECREATION SERVICES BUILDING
Omni Design Group, Incorporated, Established 1982
711 Tank Farm Road, Suite 100 San Luis Obispo, California 93401 (805) 544 -9700
Architecture | Civil Engineering | Surveying | Telecommunications
EXHIBIT D
CONSULTANT'S PROPOSAL
Item 11.a. - Page 17
CITY OF
ARRO~yjlANDE
2 | P a g e
Item 11.a. - Page 18
omni
DESION GROUP
3 | P a g e
April 30, 2019
Jill McPeek, Capital Improvements Project Manager
Public Works, City of Arroyo Grande
1375 Ash Street
Arroyo Grande, CA 93420
RE: City of Arroyo Grande Replacement Recreation Services Building
Dear Ms. McPeek;
Omni Design Group is pleased to submit this proposal to provide Architecture design and cost
estimating services for the City of Arroyo Grande’s new Recreation Services Building. This proposal
includes Omni Design Group’s qualifications, proposed scope of work, and proposed fee.
Omni Design Group is a full service design firm that provides Architectural, Civil Engineering, Land
Surveying and Telecommunications services. This proposal is limited to architecture services.
It is our understanding that the City’s current Recreation Services building is nearing the e nd of its
useful life and the City is considering replacing the facility at the adjacent Soto Sports/Elm Street
complex site. The exact location on the site will be determined based on the criteria established for
the new facility based on the layout, parking, circulation, and zoning regulations.
It is the City’s intention to present a list of proposed improvements to the selected architectural
firm to establish a conceptual design and planning level cost estimate for the City’s new recreation
facility. The required spaces and a “wish list” of facility amenities will be compiled into an
architecture program for review and approval by the City. The final program will form the basis of a
conceptual design to include building floor plans, the facility footprint on the site, parking/drop-off
areas, landscape, and circulation. The conceptual design will be prepared to meet current building
code requirements and design goals for the Soto Sports/Elm Street site.
Omni Design Group is perfectly suited for this project based on our various experience with civic
and recreational projects. We thank you for the opportunity to submit this proposal and look
forward to working with you in the near future. Please do not hesitate to contact me at
805.544.9700 if you would like additional information regarding our qualifications, design and cost
estimating processes, scope of work, and/or fee proposal.
Very Sincerely,
Thomas George Reay
Vice President
Director of Architecture
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QUALIFICATIONS
SERVICES AVAILABLE
Representative Architectural Services:
• Feasibility Studies
• Conceptual Design
• Site Analysis & Selection
• Master Planning
• Needs Assessments
• Design Development
• Construction Documents &
Specifications
• Computer-Aided Building Mass
Studies
• 3-D Computer-Aided Renderings
• ADA Compliance
• Agency Coordination & Processing
• Construction Observation
Representative Civil Engineering Services:
• Tentative and Subdivision Mapping
• Grading Plans
• Street Improvement Plans
• Roadway & Driveway Design
• Parking Lots / Striping Plans
• Storm Drain & Drainage Design
• Stormwater Pollution Prevention
• Water & Sewer Plans
• Hydrologic Studies
• Site Development Plans
• Erosion Control Plans
• Erosion Control Monitoring
• Quantity and Cost Estimates
• Construction Administration
• Governmental Processing
Representative Land Surveying Services:
• Control Surveys
• Topographic Surveying & Mapping
• Aerial Photo Control
• Boundary Surveying
• Subdivision Mapping
• Lot Line Adjustment
• Certificates of Compliance
• A.L.T.A. Surveys
• Construction Staking
• Easement Descriptions / Staking
• Right-of-Way Research
• Legal Descriptions
• Height Certifications
• Subsidence Surveys
Representative Telecommunications
Services:
• Site Design
• Structural Design
• Antenna Concealment
• Construction Documents /
Specifications
• Permit Processing
• Coordination with Public Agencies
Representative Special Projects:
• Facility study & report of renovation
recommendations
• Inside plant utility & cable distribution
• Fiber switches
• Bridging
• Ka Band satellite foundation and
communications ducting
Project Delivery Types:
• Design / Build
• Design / Bid / Build
• Job Order Contracting
• Consulting Civil / Architect
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RELEVANT EXPERIENCE
Omni Design Group has worked on a variety of civic and recreational projects, providing
architectural design, programming, space planning, master planning, feasibility studies,
and cost studies, for both remodels and new construction. Project types have included
park improvements, public plazas, administration offices, fitness centers, pools, batting
cages, climbing walls, offices, day care centers, and sports complexes. Some examples of Omni’s
various types of civic/recreational projects include: (representative partial list)
Rosamond Pentecostal Church, Sports Fields, Concessions
Rosamond, CA
Atascadero Public Library Constraints Study
Atascadero, CA
University Union Plaza Master Plan and Remodel
Cal Poly, San Luis Obispo
Trinity Lutheran School Classrooms, Playground, Accessibility Improvements
Paso Robles, CA
University Union Multi -Cultural Student Center
Cal Poly, San Luis Obispo
University Union Dining, Sports Bar, and Bowling Lanes Project
Cal Poly, San Luis Obispo
Laguna Lake Golf Course Accessible Restroom
San Luis Obispo, C A
Santa Margarita Lake Park Constraints and Cost Analysis
Santa Margarita, CA
Tennis Stadium Enhancements Project Study /Cost Estimate
Cal Poly, San Luis Obispo
S inshiemer Park Stadium S tairway
San Luis Obispo, California
Heilmann Park Improvements
Atascadero, CA
Heilman Park Maintenance Facility
Atascadero , CA
Kennedy Club Fitness Offices, Community Building, Concession s, Climbing Wall, Kitchen
Atascadero, California
El Chorro Regional Park Maintenance Facility
San Luis Obispo, California
County Sheriff / CALFIRE Dispatch Center Study/Conceptual Design and Cost Estimate
San Luis Obispo, CA
Recreation Center Pool Deck Expansion
Cal Poly, San Luis Obispo
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SCOPE OF WORK
Stakeholder Meeting
• Verify schedule and deliverables
• Discuss initial architectural program requirements and wish list
• Discuss operational requirements such as days and hours of operation
• Discuss design concepts and aesthetics
• Discuss goals for the Soto Sport Complex master plan and how the new recreation center will
influence, or be influenced by those proposed improvements
• Tour existing facility
• Tour proposed site – discuss possible locations
Preliminary Design
• Research regulatory requirements for the project including child-care facility regulations,
parking requirements, landscaping, drop-off areas, conservation requirements, accessibility,
site conditions/opportunities and constraints
• Prepare preliminary architectural program including square footages
• Calculate parking requirements
• Estimate total site area needed for the new recreation center including building footprint,
circulation, parking, and pedestrian areas
• Prepare preliminary design illustrating staff vs public areas, space adjacencies, circulation,
parking, and outdoor pedestrian areas
• Conduct design charette with stakeholder-user group
Conceptual Design
• Prepare updated floor plan to address comments received from the Stakeholder group design
charette
• Update site plan to address parking, drop-off, circulation, and access
Final Conceptual Design and Planning-Level Cost Estimate
• Finalize conceptual floor plan and site plan to address preliminary cost estimate
• Finalize planning-level cost estimate based on final design
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FEE PROPOSAL
Omni Design Group, Inc. proposes to perform the design services for a fixed fee of $39,800
per the following breakdown.
TASK FEE
Architecture Design, Architecture Program, Floor Plan and Site Plan $29,800
Professional Cost Estimating $10,000
TOTAL $39,800
EXCLUSIONS
The following items are excluded from this fee proposal, but can be performed under a separate contract
or as an additional service:
• Construction Documents
• Fire protection design
• Soils Reports
• Special Reports or Studies (e.g.: Hazardous Materials, Archaeological, Biological, Traffic)
• Surveying
• Engineering
• Landscape architecture
• LEED certification
• Multiple cost estimates
• Normal reimbursables such as printing costs (see attached Fee Schedule)
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2019 Fee Schedule
PROFESSIONAL & ADMINISTRATIVE SERVICES PER HOUR
Principal, Licensed Engineer, Architect, Land Surveyor ____________________________$170
Project Manager________________________________________________________________$150
QSD & QSP Storm Water Design & Inspection_____________________________________$150
Designer/Office Surveyor/Permit Processor_______________________________________$125
Draftsperson ___________________________________________________________________$110
Clerical _________________________________________________________________________$80
Expert Witness/Court Appearances______________________________________________$265
FIELD/SITE SERVICES PER HOUR
Field Monitoring Services_________________________________________________________$150
1-Person GPS/Robot/Field Survey Crew___________________________________________$150
2-Person Survey/GPS/Field Survey Crew__________________________________________ $220
3-Person Survey/GPS/Field Survey Crew__________________________________________ $250
· Minimum field survey time shall be four (4) hours.
· Standard Mileage rate is .56 per business mile.
PRINTING CHARGES/UNIT COST EACH
24X36 Bond Plots $5.00
30x42 Bond Plots $7.50
8.5x11 Copies $0.25
11x17 Copies $0.50
Mylar Plot $10.00
All bills are due and payable upon receipt, past due after (30) days from date of
invoicing. A finance charge of 1.5% per month (18% annum) will be assessed on all
balances that are thirty days past due.
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