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HomeMy WebLinkAboutCC AG PKT 2008-04-14 #W . . . AGENDA STAFF REPORT DATE: April 14, 2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Vince Mastrosimone, Director of Public Works SUBJECT: AWARD DESIGN CONTRACT FOR THE POLICE DEPARTMENT RENOVATION PROJECT SUMMARY OF REQUEST: The City Council is asked to consider a request to approve Resolution No. to authorize the City Manager to execute a Professional Service Agreement for the design contract to renovate the Police Department. BACKGROUND: Originally built in 1978, the Police Department has suffered through normal wear and tear throughout the building. Over the years, various elements of the building critical to operations have been allowed to deteriorate, The existing restroom facilities do not meet current code requirements. The men's and women's locker rooms are in disrepair and in need of updating, The kitchen requires updating to accommodate emergency preparedness, The property evidence room requires seismically stable storage units, Staff has sent out request for proposals to licensed architects to design and prepare full plans and specifications to renovate the Police Department to bring existing facilities to current code and American with Disability Act requirements, Staff received a total of five proposals with the following results: RANK FIRM PROPOSAL 1 D. Michael Hamner Architect $34,000 2 Roblnson- Thomoson Associates $52 000 3 SAA $63 500 4 INTERSTICES $19,560' 5 CWAlKDI A fixed fee of 12% to 16% of the construction cost and Furniture, fixtures and SQulpmenls cost. . does not Include Mechanical. EIectrlcsl. Structural, Englneertng and Plumbing Staff reviewed each proposal and spoke to each Architect. Three of the five Architects, D. Michael Hamner, Robinson-Thompson and SAA provided a straight fixed fee cost for the proposed project. One of the remaining firms Agenda Item LV provided Architectural cost only, they did not provide Mechanical, Electrical, Structural, Civil Engineering and Plumbing design cost. The remaining firm . CWAlKDI provided a fixed fee based upon the actual construction bid cost for the project. At this time there is no estimate for the cost of construction. Staff was unable to determine the proposal cost based on the lack of information. Staff reviewed the top three firms with the lowest fixed fee cost. All firms were qualified for our project based upon their experience and past projects. Staff contacted the references for D. Michael Hamner's. The references spoke highly of the firm. Based upon the qualifications, work experience and cost, staff recommends selecting D. Michael Hamner at $34,000 for the design of the Police Department Renovation Project. FINANCIAL IMPACT: On February 11, 2008, the City Council amended the budget by adding $400,000 to the Capital Improvement Fund from the General Fund. These monies were designated for improvements to various city buildings including the Police Station. RECOMMENDATION: . It is recommended City Council approve Resolution No. to authorize the City Manager to execute a Professional Services Agreement with D. Michael Hamner Architect to design the Police Department Renovation Project. z~~ ~1A Vince Mastro mane NOTED AND APPROVED: er..:-- David carm:!City Manager Attachments: A. Proposed Resolution B. Professional Services Agreement . . RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH D. MICHAEL HAMNER FOR THE POUCE DEPARTMENT RENOVATION PROJECT WHEREAS, current budget assigned Capital Improvement funds to Renovate the Police Department; and WHEREAS. staff sent out a Request for Proposals and selected a Architect based upon qualnlcatlons, experience and cost; and WHEREAS, D. Michael Hamner Archliect has submitted a proposal to provide the desired services to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby approves that certain Professional Services Agreement with D. Michael Hamner Archliect dated March 10, 2008 under which Hamner wlli provide plans and specifications to renovate the Police Department, 911 Seal Beach Boulevard. Section 2. The City Council hereby authorizes the City Manager to execute the agreement . PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular mee~ng held on the 14th day of April. 2008 by the foliowlng vote: AYES: Councllmember NOES: Councilmember ABSENT: Counclimember ABSTAIN: Counclimember ATTEST: Mayor City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } . I, Linda Devine, City Clerk of Seal Beach, Calliomla, do hereby certify that the foregoing resolution is the original copy of Resolution Number on flie In the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 14th day of April . 2008. City Clerk . PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES - POLICE DEP ARTMENT RENOVATION PROJECT No. BG0801 between City of Seal Beach 211 8th Street Seal Beach, CA 90740 & . D. Michael Hamner 1131 Kenton Drive Monterey Park, CA 91755 TillS AGREEMENT is made and entered into this 14th day of April 14, by and between the City of Seal Beach, a municipal corporation ("City") and D. Michael Hamner, a California corporation ("Consultant"). RECITALS A. City proposes to have Consultant perform the services described herein below; and B. Pursuant to the authority provided by Government Code Section 37103, City desires to engage Consultant to design the project(s) in the manner set forth herein and more fully described in Section 1; and C. Consultant represents: the principal members of Consultant are qualified professional environmental specialists, fully qualified to perform the environmental documentation services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein; and D. No official or employee of City has a financial interest, within the provision of California . Government Code, Sections 1090-1092, n the subject matter of this Agreement. D\bl~IPOCJC:llD!P..urn.mNT~Na~~ -1- . NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. a Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform the technical and professional services ("Services") set forth in Consultant's proposal dated March 10, 2008 ("Proposal") attached hereto as Exhibit "A" and incorporated by this reference. The nature, scope, and level of the Services to be performed by Consultant are more particularly described in Exhibit "A". In the event of any inconsistencies between the Proposal and this Agreement, the terms and provisions of this Agreement shall control. b, Time for Performance. Consultant shall perform all services under this Agreement on a timely, regular basis consistent with industry standards for professional skill and care. c. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided, In light of such status and experience, Consultant hereby . covenants that it shall follow the customary professional standards in performing all services. d. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant 1. has investigated and considered the scope of services to be performed, ll. has carefully considered how the services should be performed, and 111. understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated the subject sites and is reasonably acquainted with the conditions therein, Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant risk until written instructions are received from the City Representative. e. Comoliance with Americans with Disabilities Act All conceptual design plans prepared by Consultant for the Project shall comply with the Americans with Disabilities Act (42 V.S.C. Section 12001 et seq.). . D.\iaI...-.cINll.lIUlING\DCmCII POUCH D!PAR'TMI!:HTRJlWODI!LIJ'1A PtIIa a-- ~ -2- . . . 2. Term of Agreement. a. This Agreement is effective as of April 14, 2008 (the "Effective Date"), and shaJI remain in full force and effect until Consultant has rendered the services required hereunder, unless sooner terminated as provided in Section 15 herein. 3. Compensation. a. Comoensation. City shall compensate Consultant at its regular hourly rates set forth in Exhibit "B". The cost of the project shall not exceed the not-to-exceed amounts shown in Exhibit "A" unless such additional compensation is approved by the City Council. City shall not withhold any federal, state or other taxes, or other deductions. b. Additional Services. City shall not pay Consultant for additional services unless the City Council authorizes, in advance, such services. City shaJI compensate Consultant for any authorized extra services at the hourly rates set forth in Exhibit 4'B". 4. Method of Payment a. Invoices. Consultant shall submit to City monthly invoices for the services performed pursuant to this Agreement. The invoices shall describe in detail the services rendered during the period and shaJI separately describe any extra services authorized by the City Council. Any invoice claiming compensation for extra services shall include appropriate documentation of the City Council's prior authorization of such services. All invoices shaJI be remitted to the following address: Department of Public Works, 211 8th Street, Seal Beach, CA 90740. b. City shall review such invoices and notify Consultant in writing within twenty business days of any disputed amounts, c. City shall pay aJI undisputed portions of the invoice within thirty calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. d. All records, invoices, time cards, cost control sheets and other records maintained by Consultant shall be available for review and audit by the City. 5, Representatives. a. City Representative. For the purposes of this Agreement, the contract administrator and City's representative shaJI be the Director of Public Works, or such other person as the Director designates in writing (hereinafter the "City Representative"). It shaJI be Consultant's responsibility to assure that the City D-\SaoI~tPa.lCRDEP~~Na~~ -3- Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder sball mean the approval of the City Representative. b. Consultant Representative. For the purposes of this Agreement, D. Michael Hamner, is hereby designated as representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (the "Responsible Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Responsible Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Responsible Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Representative without the prior written approval of City, which approval shall not be unreasonably withheld. 6, Consultant's Personnel. . a. All Services shall be performed by Consultant or under Consultant's direct supervision, and all personnel shall possess the qualifications, pennits, and licenses required by State and local law to perform such Services, including, without limitation, a City of City business license as required by the City . Municipal Code. b, Consultant sbalJ be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 7 below. c. Consultant shall be responsible for payment of all employees' and subconsultants' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. d, Consultant shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city or agency officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's alleged violations of personnel practices. City sbalJ have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. a Consultant shall perform all services to customary professional standards and in a . manner reasonably satisfactory to City. D"&d~lPC11c:r.D!!PAR1lolllNr~PDla~~.DOC -4- . 8. Ownel'llhip of Work Product. . a. Ownership of Plans. All plans, specifications, reports, studies, tracings, maps, drawings, blueprints, or other written material (collectively "Plans" in this Section 8) prepared or obtained by Consultant in the course of performing the Services sball be and remain the property of City without restriction or limitation upon its use or dissemination by City, and Consultant shall convey and transfer all copyrightable interests in the Plans to City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. Such material shall not be the subject of a copyright application by Consultant. Any reuse by City of any such materials on any project other than the Project shall be at the sole risk of City unless City compensates Consultant for such use. City agrees to indemnifY, defend and hold harmless Consultant against any claims, losses, costs or damages as a result of City's reuse of the Plans without compensation to, or prior authorization ot: Consultant. In the event of the return of the Plans to Consultant or its representative, Consultant shall be responsible for their safe return to City. Consultant shall be entitled to retain copies of the Plans for Consultant's files, Under no circumstances shall Consultant fail to deliver any draft or final plans, drawings or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This Covenant shall survive the termination of this Agreement. b. Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualifY as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. They City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. . c. Responsibility for Errors. Consultant sball be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required bye the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectifY and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. o '.a.!~IlD..JXNC:1JKXl1 POUCBDEPJ\RDoCENT~I'I;Il:.,.a-.m.BaInu.DOC -5- . 9, Status as Independent Contractor. a Consultant is, and shaH at all times remain as to City, a wholly independent contractor. Consultant shaJ1 have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, 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, agents or employees are in any manner employees of City. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City hannless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation-laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or . indemnification arising under this Section 9. 10. Confidentiality. a Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section sball survive the termination of this Agreement. 1 J. Conflict of Interest. a Consultant covenants that it presently bas no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant sball not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Gove=ent Code . D-I:iIMBar:b.~IPCllCEDEPAk'I'Ml!Nrlll!MlXlEl.IJ'BAPola~a--.DOC -6- . . . ~~J090 and 87100) in any decision made by City on any matter in connection with which Consultant bas been retained. b. Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. c. Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any tinoe during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 11.1. 12. Indemnification. a. Indemnity for Professional Services. In connection with its professional services, Consultant shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of city or agency officials, (collectively, "Indemnities"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses (collectively, "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property, to the extent to which they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its professional services under this Agreement, but not to the extent the result of the negligence or willful misconduct of the City or of other third parties not under the control or the supervision of Consultant. Consultant's obligation to indemnify does not include the obligation to defend actions or proceedings brought against the City but rather to reinoburse the City for attorney's fees and costs incurred by the City in defending such actions or proceedings brought against the City to the extent caused by Consultant; but not for any loss, injury, death or damage caused by the negligence or willful misconduct of City or of other third parties not under the supervision or control of Consultant. b. Other Indemnities. In connection with all Claims not covered by Section 12.1, Consultant sball defend, hold harmless and indemnify the Indemnities with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the D'ISIIi lIiIIdl'CINlUlUllNCMmIol PCI.JCE Dm'AXnmNTam.ta1m.1lSA PI:Ilb a-....txaHmm:rDOC -7- acts or omissions of Consultant or any of its officers, employees, subcontractors, or . agents in the performance of this Agreement. Consultant shall defend Indemnities in any action or actions filed in connection with any such Claims with counsel of City's choice, and sbaJJ pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. c. Nonwaiver of Rights. Indemnities do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. d. Waiver of Rililit of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor, e. Survival. The provisions of this Section 12 sbaJJ survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnities may have under the law. Payment is not required as a condition precedent to an Indemnity's right to recover under this indemnity provision, and an entry of judgment against a Consultant shall be conclusive in favor of the Indemnity's right to recover under this indemnity provision. 13. Insurance. . a Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Consultant, and its agents, representatives, employees and subconsultants. b. Minimum Scope oflDsurance. Unless otherwise approved by City, coverage shall be at least as broad as: I, Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), 11. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Ill. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. IV, Professional Liability insurance in a form approved by the City. c. Minimum Limits of Insurance. Consultant shall maintain limits no less than: . D'\Sal~Ifa.JCED!lPAkIMENTREMODELIJ'!A~~ea:-DOC -8- . . . i. General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit 11. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. iii. Employer's Liability: $2,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. IV. Professional Liability: $2,000,000 per claim/aggregate. d. Deductibles and Self-Insured Retentions. Consultant shall inform City of any deductibles or self-insured retentions except with respect to professional liability insurance. e, Other Insurance Provisions. The general liability and automobile liability pplicies are to contain, or be endorsed to contain, the following provisions: i. City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured, ii. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or agency officials. Any insurance or self- insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Consultant's insurance and shall not contribute with it. Ill. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. D'\ScIII~IPClJCl:lD!lPAJtlNEN'Tk&lODfJ.!ftA~a-~ -9- IV. Each insurance policy required by this clause shall be endorsed to state . that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. v. Each insurance policy, except for the professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. f. Acceptability of Insurers. Insurance is to be placed with insurers with a current. A.M. Best's rating of no less than A: VII unless waived in writing by City's Risk Manager, g. Verification of Coveral!e. No work or services under this Agreement shall commence until Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. Proof of insurance must be sent directly to the City Clerk's Office. h. Subconsultants. Consultant shall include all subconsultants as insureds under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein unless otherwise approved in advance in writing by . City. 14. Cooperation. a. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. City shall compensate Consultant for any litigation support services in an amount to be mutually agreed upon by the parties. 15. Termination. a Either party shall have the right to terminate this Agreement at any time for any reason on written notice to the other party. In the event either party exercises its right to terminate this Agreement, City shall pay Consultant for any services rendered prior to the effective date of the termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. 16. Suspension. a. City may, in writing, order Consultant to suspend all or any part of the . Consultant's Services for the convenience of City or for work stoppages beyond ~!Ja::lr.\CII"mlILDlNCJ\BlJOIOl PCLIC! Dm'ARlNEHTlUlWODEL'nA r.zb a-.-"-l)()C -10- . . . the control of City or Consultant Subject to the provisions of this Agreement relating to termination, a suspension of the Services does not void this Agreement. 17 . Notices. a. Any notices, bills, invoices, or reports authorized or required by this Agreement sball be in writing and sball be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and City's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 8th Street Seal Beach, CA 90740 Fax: (562) 431-4067 With a copy to: Director of Public Works City of Seal Beach 211 8th Street Seal Beach, CA 90740 Fax: (562) 431-8763 18. Non-Discrimination and Equal Employment Opportunity. a. In the performance of this Agreement, Consultant sball not discriminate against any employee, subconsultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subconsultants and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 19. Non-Assignability; Subcontracting, a. Consultant sball not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Consultant's obligations hereunder. Any attempt by D,'&.I~IJa.1O!DEPA!m.a!NTIDCOOI!L'nANlra~~ -11- Consultant to so assign, transfer, or subcontract any rights, duties, or obligations . arising hereunder shall be null, void and of no effect. 20. Compliance with Laws. a. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. 21. Non-Waiver of Tenns, Rights and Remedies. a Waiver by either party of anyone or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City sball in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 22. Attorney's Fees. a In the event that either party to this Agreement shall commence any legal action . or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including actual attorney's fees. 23. Exhibits; Precedence. a. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 24. Construction. a The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement sball not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 25. .Entire Agreement. . IKlIal~~IPOlJCl3D1lJ>AXTM!NTREMOl:la~Na~am-.DOC -12- . . . " , ' ., ~ . , . i :,., ':;"'~t!~:~2:'" Ii e. ^ IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above, CITY OF SEAL BEACH By: Its: City Manager Attest: City Clerk APPROVED AS TO FORM: City Attorney Jr.a.IonJrlolcl'loI:Uoon" I. '"--':o.l.:m]IcPlJt.PeI,.___.au-.noc -13- CONSULTANT BY:~.-~J. Its: OWN\!.\f- - By: Its: (Two signatures reqoJred for corporation.- California Corporatlo.... Code Section 313) EXHIBIT" A" PROPOSAL . . . . . . uilder Architects J:>esl'ln-e.uild D. Mi~h8el H8mner. ,.,r~hite"t 1 1 5 1 K.enton DrIve. Monter~ Pm-I<. = q 1 1"" . Phone 626_"12.2 12+. """" 626_"12.2125 10 March 2008 City of Seal Beach Public Works Department Mr. Michael Ho, P.E. City Engineer 211 Eighth Street Seal Beach, California 90740 Re: Architectural & Engineering service for the renovation of the Police Facility @ 911 Seal Beach Blvd., Seal Beach, Ca 90740 Dear Michael We sincerely appreciate the opportunity to present this Architectural/Engineering Services proposal for the above referenced project. This proposal will include the necessary services to design and specify the renovation to the Police Facility as specified within the "Request for Proposal" document provided 3 March 2008. We will also include comments and "project notes" from our Job Walk of 7 March 2008. We propose the following: EXISTING CONDmONS & SCOPE OF WORK We will utilize existing construction documents of the facility and survey all existing conditions at the area of proposed work. Since existing documents are manually drafted, we will create cad files of documents to our area of work. Detailed descriptions of the scope of work are enumerated within the RFP, dated 3 March 2008. We will highlight those areas and add project notes clarifications as necessary. (A.) Upper Floor Men's and Women's Restrooms (Area 36 & 37) a. Coordinate with Interior Design and Finish pallet that is currently being adopted. Consis~s of Charcoal laminate counters, Cherry finish Millwork with Soft Green and Gray colors. (B) Upper Floor Lunch Room (Area 28) a. Currently exists a "Greenhouse" enclosure to one area of Exterior Balcony that is no longer weather tight or secure. In addition, additional area to the South requires and overhang and pedestrian decking material. Coordinate new enclosure and overhang design accordingly. Provide for vending machines to Balcony and hook-ups to the South .p..rea for "open" Patio Area. IC) Ground Floor Elevator Lobby (Area 112 & 130) (D) Ground Floor Building Maintenance Room (Area 111) a. Provide ventilation for laundry appliances and new finishes, ie, ceiling, etc. (E) Ground Floor Men's and Women's Locker Rooms (Area 119 & 125) a. Men's Locker Area should accommodate minimum of 70 full size (24") lockers with 12 half high 12" lockers for support staff. b. Women's Locker Area should accommodate minimum of 12 full size (24") . lockers with 30 half high 12" lockers for support staff. c. Provide 2 Showers in Men's Locker Area (one accessible) and 1 Shower in Women's Locker Area, accessible. (F) Ground Floor Evidence Room (AREA 105) a. When relocating the property pass through, relocated officer work counter from w~at will be public area to new officer processing pass through. Relocate officer bicycles to area directed. (G) Alternative Recommendations a. As discussed at the job walk, we will specify bid alternates for material and finish within restroom facilities, kitchen and locker areas. (H) Parking Lot Officer Locker Storage a. Provide for 30 18" wide (reuse from existing Locker Rooms) Lockers along West wall of Police Facility facing the Employee Parking Lot. Provide short concrete slab with rework of roof overflow drains. Also provide short awning cover. This type of alteration/remodel as identified should not require a consulting team beyond the Architect, Mechanical, Plumbing and Electrical Engineer Therefore, only a Mechanical, Plumbing and Electrical consulting engineer's service is included. We will conduct the following: 1. Develop background drawing for design development and construction drawings. 2. Prepare initial design concepts, minimum 2 schemes with alternates as appropiate. 3. When applicable provide alternative solutions. All to comply with the latest amended editions of the 2007 California Building Code, Americans with Disability Act, as well as local Governing codes, including the Orange County Fire Authority. 4. Provide for project meetings to discuss issues and solutions. The types and location of meetings are broken down as follows: a. Visits to applicable City Building Department and County agencies to obtain processing information. 2 Meetings b. Site Survey & Program Meeting - Meet with City Engineer, Chief of Police & other site users to discuss space plan ideas for various areas, 1 meeting. c. Design Meetings - To discuss and present design progress, 2 meetings. d. Bid Meeting -Assist Owner with Contractor Bidding e. Construction Observation -2, mid te~ field inspections f. Final Job Walk -Final sign off and punch list review This will account for "our" allowance of minimum requirements. If additional meetings beyond those noted are required, said meeting would be billed hourly at the rate specified. 5. Progress meetings with Owner representative, City Engineer, Michael Ho, 2 meetings. 6. Provide construction cost estimates as required 7, Finish and material specifications in CSI format. . CONSTRUCTION DOCUMENTS . Once existing conditions and design studies have been completed, we will commence with Construction Documents to include the following: . 1. Title existing 2. Floor and 3. Detail Partial Plans & material and 4. Schedules -Identifying Including S. Details -As required/necessary. 6. Electrical Plan -Power and Lighting Plan 7. Plumbing Plan -Restroom coordination 8. Mechanical Plan -Revised HVAC 9, Specifications -Provide in CSI format 10. Submit to City Building Department for Plan Check and permitting purposes. Include all corrections and revisions. Assist Owner with Bid Negotiation and Award of Contract. Provide limited Construction Administration as noted in item 2A of RFP Sheet -Site plan and general notes, etc, - Show path of travel from facilities and Parking. existing and new conditions, including materials equipment. Interior Elevations -Identifying all cabinetry, finishes. all wall, floor, ceiling, door and window finishes, hardware schedule. Plan -Describing all 11. 12. CONSTRUCTION ADMINISTRATION Construction Administration is identified as a limited service per Item 2A, V of RFP. FEE . The fee for the above-described services is broken down as follows: . Basic Services - fee not to exceed $34,500.00 (Thirty Four Thousand Five Hundred Dollars), Fee breakdown is as follows: Architectural Fee $23,000,00 Mechanical Engineer Fee $ 3,100.00 Plumbing Engineer Fee $ 3,600.00 Electrical Engineer Fee $ 4,800.00 These fees include the Architect1s Basic Services of plan check submittal and filing for building permit issuance as stated in item *10 above. The Owner is responsible for fees as required by the City of Seal Beach Building Department and any other governmental agencies for application of plan check and building permit issuance. TRAVEL COSTS AND EXPENSES: N/A REIMBURSABLE COSTS AND EXPENSES: (Not Included in Fee) Reimbursable Expenses Are In Addition To the Basic Services Fee and/or To The Compensation For Additional Services Described Herein. The Architect Shall Be Reimbursed On A Cost plus Fifteen Percent (15%) For the Following Items: . Blueprinting and all photo reproduction Auto Mileage and Long Distance Telephone Costs Postage and handling Renderings and/or models as requested by the owner, government agencies, etc. Fees paid for securing approval of authorities having jurisdiction over the project Expense for overtime work requiring higher than regular rates - authorized in advance by Owner Other similar project-related expenditures Hourly rates for the following disciplines are as follows: Principal Architect, $120.00/hour Associate Architect, $90,OO/hour CAD Draftsman, $70,OO/hour Administrative/secretarial, $50.00/hour CONSULTANT TEAM ARCHITECT: D. Michael Hamner AlA 1131 Kenton Drive Monterey Park, Ca 91755 MECHANICAL/PLUMBING/ELECTRICAL ENGINEER: HYC Consulting Engineers, Inc 556 N. Diamond Bar Blvd., Suite 304 Diamond Bar, Ca 01765 . PROPOSED SCHEDULING Prepare Backgrounds Schematic Design Client Review Design Development Client Review Construction Documents Following is an estimate of the City Plan Check (w/ City) Plan Check Corrections Plan Check Final Total 2 week 3 weeks 1 week 2 weeks 1 week 4 weeks Schedule and not within our control 6 weeks 2 weeks 2 weeks 23 weeks (5.75 months) REFERENCES City of Orange Mr. Bob Von Schimmelmann Street Maintenance Division 637 West Struck Avenue Orange, California 92867 714/532-6480 Manager City of Monterey Park Mr. Adolfo Reta Interim City Manager 320 West Newmark Avenue Monterey Park, Ca 91755 626/307-1257 . American Golf Corporation Mr. Shaun Bogel Director of Construction 2951 28th Street Santa Monica Ca 90405 714/337-4491 We have had multiple contracts with various governmental agencies (two current), therefore, we can provide have maintained the necessary Insurance types and coverage as required in this RFP. If you agree with conditions outlined here, provide a contract for our review and signature. Signed copy of said contract shall constitute our agreement for retention of Barch, Builder/Architects for the described services to the related property. Sincerely -b.-r~ . D. Michael Hamner, Architect . . . EXHIBIT "B" FEE SCHEDULE STANDARD HOURLY FEE SCHEDULE The Client agrees to pay Consultant as compensation for all authorized work included in the Scope of Services heretofore stated at the hourly rates below. PRlNCIP AL ARCI-llTECT ASSOCIATE ARCI-llTECT CAD DRAFTSMAN ADMINISTRA TIVElSECRET ARlAL $120.00/HR $90.00/HR $70.00/HR $50,OO/HR