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CONTRACT 6750 Professional Services AgreementAgreement No. 6750 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES BETWEEN THE CITY OF EL SEGUNDO AND MILLER ARCHITECTURAL CORPORATION ENG 23-39: FY 23/24 CIVIC CENTER BUILDINGS PUBLIC AREA ADA IMPROVEMENTS DESIGN This AGREEMENT is entered into this 22nd day of August 2023, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and MILLER ARCHITECTURAL CORPORATION a California corporation ("CONSULTANT"). The parties agree as follows: 1. CONSIDERATION, A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed THIRTY THOUSAND SIXTY-FIVE DOLLARS AND FIFTY-SIX CENTS ($30,065.56) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. City of El Segundo PSA for Design Services Page 1 Agreement No. 6750 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. N/A. 7. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT agrees that it has: A. Carefully investigated and considered the scope of services to be performed; B. Carefully considered how the services should be performed; and C. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. The term of this Agreement will be from August 22, 2023, to June 30, 2024, unless otherwise terminated pursuant to Section 15. 9. TIME FOR PERFORMANCE, A. CONSULTANT will not perform any work under this Agreement until: CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: City of El Segundo PSA for Design Services Page 2 Agreement No. 6750 A. Exhibit A: Scope of Work and Cost Proposal 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time upon thirty days' written notice. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. City of El Segundo PSA for Design Services Page 3 Agreement No. 6750 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. This Agreement contemplates that CONSULTANT will act both as a design professional (as defined by Civil Code § 2782.8) and for other management services. Accordingly, CONSULTANT agrees to provide indemnification as follows: A. CONSULTANT must save harmless, indemnify and defend CITY and all its officers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property arising from, pertaining to, or relating to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives. CONSULTANT's duty to defend consists of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT's proportionate percentage of fault. CONSULTANT's percentage of fault will be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT's percentage of fault, the parties agree to mediation to determine the CONSULTANT's proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY; CONSULTANT and CITY must each pay half the mediator's fees. Notwithstanding the above, in the event one or more defendants to a Claim is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT must meet and confer with the CITY regarding unpaid defense costs. B. Defense For All Non -Design Professional Liabilities. Notwithstanding the foregoing and without diminishing any rights of the CITY under subsection A, for any liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT must defend, indemnify, and hold harmless Indemnitees from and against any and all damages, costs, expenses (including reasonable attorneys' fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. City of El Segundo PSA for Design Services Page 4 Agreement No. 6750 C. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. D. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. The insurance coverage to be maintained by CONSULTANT as required by Section 23, will not limit the liability of CONSULTANT hereunder. The provisions of this section will survive the expiration or earlier termination of this Agreement. 19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which it is performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits $2,000,000 $1,000,000 $1,000,000 Statutory requirement B, Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88, or equivalent. The amount of City of El Segundo PSA for Design Services Page 5 Agreement No. 6750 insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. CITY's additional insured status will apply with respect to liability and defense of suits arising out of CONSULTANT's acts or omissions. Such insurance will be on an 'occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). E. CONSULTANT will furnish to CITY valid Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, a copy of an Additional Insured endorsement confirming CITY has been given Insured status under the CONSULTANT's General Liability policy, and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VI I." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 15. 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. City of El Segundo PSA for Design Services Page 6 Agreement No. 6750 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CITY: City of El Segundo 350 Main Street El Segundo, Calif. 90245 Attention: Lifan Xu, City Engineer (310)524-2368 Email: Ixu@elsegundo.org If to CONSULTANT: Miller Architectural Corporation 1177 Idaho Street, Suite 200 Redlands, CA 92374 Attention: Gary W. Miller, President (909) 335-7400 Ext. 111 Email: gmiller@miller-aip.com Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29. INTERPRETATION. This Agreement was drafted in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. City of El Segundo PSA for Design Services Page 7 Agreement No. 6750 31. ENTIRE AGREEMENT. This Agreement, and its Exhibits, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is 1 (one) Exhibit to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 35. ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic (.pdf) or facsimile transmission. Such electronic or facsimile signature will be treated in all respects as having the same effect as an original signature. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. [Signatures on next page] City of El Segundo PSA for Design Services Page 8 Agreement No. 6750 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. ATTEST: J Taxpayer ID No.: Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: a -- jJoaq �� Vazquez, Iepo City Attorney Insurance Approved by: JM191240 City of El Segundo PSA for Design Services Page 9 Agreement No. 6750 Second signature page for: PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES BETWEEN THE CITY OF EL SEGUNDO AND MILLER ARCHITECTURAL CORPORATION ENG 23-39: FY 23/24 CIVIC CENTER BUILDINGS PUBLIC AREA ADA IMPROVEMENTS DESIGN v Agreement No. 6750 EXHIBIT Al FY 23/24 PSA Cost for Civic Center Public Buildings ADA Design ENG 21-41 Civic Center Buildings Public Area ADA Improvements Design PO 31-00462 Account 301-400-8201-8209 $75,000.00 Remaining Date Description Amount Paid Balance 07/27/22 Beginning Balance $75,000.00 12/15/22 Invoice 21001-5.RA-1 $7,125.00 $67,875.00 12/15/22 Invoice 21001-5.RA-2 $4,950.00 $62,925.00 12/15/22 Invoice 21001-5.RA-3 $2,575.00 $60,350.00 O1/25/23 Invoice 2100105.RA-4 $21,056.25 $39,293.75 04/25/23 Invoice 2100105,RA-5 $22,701.94 $16,591.81 05/23/23 Invoice 2100105,RA-6 $11,281.25 $5,310.56 $69,689.44 Remaining balance from PO 31-00462 for Ex. A2 design $5,310.56 Cost of additional work requested by the City, Ex. A3 $24,755.00 COST OF ENG 23-39 PSA $30,065.56 Agreement No. 6750 architecture interiors planning California December 21, 2021 REVISED City of El Segundo Public Works Department 350 Main Street El Segundo, CA 90245 Attn: Floriza Riveria Re: Request for Proposal El Segundo Civic Center ENG.21-41 Dear Ms. Riveria: Facilities ADA Compliance Design RFP No. We are pleased to submit a proposal to provide architectural and engineering services for the El Segundo Civic Center Facilities ADA Compliance. We understand the scope of work for this project to entail the following services and as outlined and clarified in Addendum 1, dated November 1 (see attached) and reduction in scope of services for the City Hall east (main) lobby (see attached reduction in scope): ADA assessment and provide facility improvement to the interior and exterior of the public areas to address conformance with all required ADA improvements at the following locations: • Fire Station 1 at 314 Main Street • Police Station at 348 Main Street • City Hall at 350 Main Street Site assessment and misc. survey work for required ADA site improvements of the existing parking and entries to address conformance with all relevant health and safety codes including required ADA improvements. Site improvements to include site design and improvements to include the following: • ADA path of travel to main entries from the parking lots and public ways. • ADA parking stall designation and signage and path of travel from parking lot improvement Phase I Services generally include but are not limited to all services necessary to study, evaluate, program, design, produce construction documents to be issues for bidding. Phase II services include administer construction administration and closeout services. Specifically, these services include: • Facility Assessment • Programming • Cost Estimating • Architectural • Project management of all investigation and assessment of the existing facility systems for architecture and engineering services • Design, construction documents, bidding services and construction administration for the existing building and system components. • Civil engineering including: • Survey and Grading plan at the front of the facility and to the main entries and path of travel to parking lots and public way and ADA accessible public parking. • Other services necessary to provide a complete design, permitable and buildable documents • Plumbing Engineering • Electrical Engineering I77 I aho tiue_� s 1 N(1') �_ -7 21) >" �rclrlcciuIalEuIpnialinn Agreement No. 6750 We intend to provide the following services for Phase I: Task 1 - Project Initiation Fee - Not Applicable Task 2 - Project Management Project Information 1. Provide all services required by the Architectural assessment Phase 2. Provide topographic survey as needed for ADA path of travel, ADA accessible entries and public parking lots. 3. Research requirements of local regulatory agencies. 4. Programming meetings with the Owner to establish requirements and determine needs for the project. (Includes 1 meeting on -site and 1 zoom meeting) 5. Measure & document existing premises as needed and observe existing conditions 6. Field verification of site and facility conditions by Architect and consultants 7. Prepare a background floor plan drawing illustrating existing conditions. Task 3 - Schematic Design 1. Provide all services required by the Schematic Design Phase 2. Meetings with the Owner to establish requirements and determine detailed needs for each space for the project to fine tune program and adjacency needs. (Includes 1 meeting on -site and 1 zoom meeting) 3. Prepare floor plan and site plan for City review to determine final scope requirements 4. Modify as necessary floor plan and site to accommodate required ADA accessibility for approval of the final floor plan layout. Task 4 - Government Processing Planning Phase / Entitlement (Not applicable) Task 5 - Design Development 1. Provide all services required by the Design Development Phase 2. Based on Owners approved schematic design, prepare accessible path of travel site plan, demolition floor and reflected ceiling plan, dimensioned floor plan, noted floor plan and reflected ceiling plan. 3. Meetings with the Owner to review project progress and review detailed needs of the project. (Includes 1 meeting on -site and 1 zoom meeting) 4. Prepare information and drawing packages to enable consultants to start work. 5. Prepare preliminary cost estimate to establish rough order of magnitude Task 6 - Construction Documents 1. Based on the approved design development documents, prepare construction documents and specifications to include the following: a. Architectural documents b. Civil Engineering c. Misc. Plumbing engineering to address minor restroom renovation to existing facility d. Misc. Electrical design, engineering to address areas of improvements in the restrooms and lobby cabinetry (electrical plans will include conduit stub and wiring into accessible ceiling space for telephone, computer/data system and security cameras) e. Assist owner in selection of Interior Design Finishes and provide specifications (excludes furniture selection and specifications) f. Prepare updated cost estimate to provide a more detailed rough order of magnitude. g. Meeting with the Owner to review project progress and review plans and specifications for the project. Task 7 - Government Processing Building Phase 1. Submit documents electronically for the purpose of obtaining a building permit. 2. Make required plan check revisions and resubmit electronically for review and approval. It is expected that plan check comments will be a reasonable interpretation of the code. Agreement No. 6750 Task 8 - Bidding Assistance 1. Assemble and issue bid documents to the owner to enable prices to be prepared by qualified contractors. 2. Respond to contractor questions. 3. Assist the Owner in reviewing the bids. We intend to provide the following services for Phase II: Task 9 - Construction Administration (Based on 4-month construction period) 1. Respond to Contractor or inspector questions 2. Maximum of two shop drawing review per submittal. 3. Pre -construction meeting and final inspection meeting (Includes 2 meetings) 4. Site inspections (Includes field inspections performed weekly for a total of 12 inspections. If additional inspection services are required they may be provided on an hourly basis if requested) Task 10 - Closeout 1. Develop a punch list by Architectural and Engineering consultants of outstanding items to be corrected by the Contractor 2. Assist the Owner in establishing substantial completion We will provide the above services on a time and materials basis with an estimated not to exceed amount per the breakdown below: PHASE Task 1 Project Initiation Fee (N/A) -0- Task 2 Project Information $9,500.00 Task 3 Schematic Design $5,150.00 Task 4 Government Processing Planning Phase (N/A) -0- Task 5 Design Development $9,775.00 Task 6 Construction Documents $45,125.00 Task 7 Government Processing Building Phase $2,525.00 Task 8 Bidding Assistance $2,425.00 Subtotal Phase 1 $74,500.00 Estimated reimbursable Phase 1 $500.00 PHASE II Task 9 Construction Administration $15,850.00 Task 10 Close out $2,200.00 Subtotal Phase II $18,050.00 Estimated reimbursable Phase II $1,500.00 Total with reimbursable Phase 1 & Phase II $94,550.00 Additional Services — 1. Changes to the scope of work during any phase of the contract shall be billed in accordance with the attached hourly rate schedule. 2. Services beyond submitting and allowing the review process to run its normal course shall be billed hourly in accordance with the attached hourly rate schedule. These services include but are not limited to phone calls to assure timely processing, tracking documents lost by government agencies and other efforts necessary to assure the government agencies are moving the project through the process. Expenses and services beyond the above -described scope shall be billed in accordance with the attached fee schedule. The Owner permits the Architect to take photographs of the property during construction and upon completion of the work. Agreement No. 6750 Payments on account of services rendered, and for reimbursable expenses incurred, shall be made monthly upon presentation of Architect's statement of services. Architect may charge interest at a rate of 1 % per month for unpaid balances over 30 days late. Work may stop on this project if an invoice is past due by more than 30 days. Collection efforts including liens will be pursued for invoices more than 90 days past due. The Owner agrees that the Architect has a lien on any money or property recovered in satisfaction or partial satisfaction of your claim in any matter in which you have retained the Architect. This lien is not limited to fees and costs incurred in the specific matter from which a settlement or judgment arose but applies to all fees and costs the Owner owes the Architect for any legal services provided. This Agreement may, without cause, be terminated by either party upon not less than seven days' written notice of withdrawal in the event that the either party fails to meet to their obligations, or in the event either party determines, with reasonable discretion, that it would be unethical or impractical to continue in this or any other matter. In the event of termination, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses. The Architect reserves the right to make final selection of consultants. This Agreement constitutes the full understanding of the terms of the agreement, superseding any prior oral or written understanding, and may not be amended or modified except by a writing signed by both the Architect and Owner. Owner Responsibilities: 1. Agency review and processing 2. Access to site 3. Record Drawings The following items are excluded from this proposal: - Reproduction Costs (except for Architect's in-house use) - Title Information (Radius Map, etc.) - Environmental Impact, CEQA & Traffic Reports - Hydrology / WQMP - Agency Fees - Construction Related Testing/Reports - Project Scheduling - Landscape Architecture - Structural Engineering - Mechanical Engineering - Fire Sprinkler Design Engineering and calculations If you would like us to proceed, and are in agreement with the above, please sign where indicated below and return one signed copy for our files or prepare a purchase order. Work on this project will commence after receipt of the signed proposal or purchase order. Thank you for this opportunity to be of service; we look forward to working with you on the successful completion of this project. Sincerely, MILLER Approved by: Signature Date Agreement No. 6750 2021 FEE SCHEDULE MILLER ARCHITECTURAL CORPORATION 1177 IDAHO STREET, SUITE 200 REDLANDS, CA 92374 P 909.335.7400 F 909.335.7299 PROFESSIONAL AND TECHNICAL STAFF: Senior Principal Court/Arbitration Appearance Deposition Principal (Architecture Division) Associate (Architecture Division) Principal (Interiors Division) Senior Project Manager Project Manager Senior Technician Intermediate Technician Senior Clerk/Administrative Assist. Junior Technician Administrative Assistant/Finance Manager Secretarial/Clerical/Intern Archive Retrieval Fee $230.00/hour $275.00/hour $300.00 - First Hour $270.00 - Each Additional Hour $177.00/hour $155.00/hour $150.00/hour $138.00/hour $128.00/hour $120.00/hour $84.00/hour $83.00/hour $75.00/hour $80.00 $62.00/hour $200.00/Flat Fee Overtime for hourly personnel will be charged at the base rate of 1.5 per hour for time in excess of 8 hours per weekday or for work on Saturdays, Sundays and holidays. EXPENSES: 1. Out of pocket expenses, (i.e., photocopies, film development, shipping, blueprints): cost plus 15%. In-house Services: Large Format Black & White: Large Format Color: $ 2.40 per 24" x 36" sheet $ 3.35 per 30" x 42" sheet $7.10 per 24" x 36" sheet $9.20 per 30" x 42" sheet Photocopies: Black & White: $0.33 per 8-1/2" x 11" page Black & White: $0.56 per 11" x 17" page Color: $1.82 per 8/1/2" x 11" page Color: $3.10 per 11" x 17" page Black & White $0.83 per 12" x 18" page Color $3.65 per 12" x 18" page Presentation Materials: $21.00 per 30 x 40 Foam Board CD with Files: $52.00 Upload Data: $52.00 3. Mileage: $.70 per mile. 4. For work which requires overnight lodging, a per diem charge will be made appropriate to the area, based on actual costs. 5. Outside consultants not included in base fee and plan check fees shall be billed at direct cost plus 15%. INVOICING Invoices will be issued either monthly or bi-weekly and are due and payable upon receipt of the invoice, unless otherwise agreed. Interest of 1 % per month, but not exceeding the maximum rate allowed by law, will be payable on any amounts not paid within 30 days. Payment thereafter is to be applied first to accrued interest and then to the principal unpaid amount. Attorney's fees or other cost incurred in collecting any delinquent amount shall be paid by the client. Agreement No. 6750 CITFOF ELSEGUNDO November 1, 2021 ADDENDUM NO. 1 REQUEST FOR PROPOSAL (RFP) NO. ENG 21-41 ELSEGUNDO CIVIC CENTER FACILITIES ADA COMPLIANCE DESIGN ATTENTION RFP HOLDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The proposal due date and time is still Thursday, November 4, at 4:00 pm 2. A list of participants at the pre -proposal meeting is attached. 3. Please see this RFP's attached Supplement to Addendum 1 for questions and the responses to them. As evidence that the CONSULTANT has read this Addendum, the CONSULTANT must acknowledge same in the space provided below and submit this Addendum with the Proposal. Failure to provide such acknowledgement shall render the proposal as non- responsive and subject to rejection. Signature: Date: November 4, 2021 p Miller Architectural Corporation Print Company Name:.._ ........................................ Page 1 of 1 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 6750 CITY OF EL SEGUNDO REQUEST FOR PROPOSAL (RFP) NO. ENG 21-41 ELSEGUNDO CIVIC CENTER FACILITIES ADA COMPLIANCE DESIGN ADDENDUM NO. 1 SUPPLEMENT DATE: November 1, 2021 TO: All Prospective Proposers The following clarifying information and answers to questions have been provided below. The information provided in this Addendum has been made available to all prospective proposers and shall be considered as incorporated into the specifications for the above -referenced project. All other portions of Contract Documents and previous Addenda not specifically mentioned in this Addendum remain in force. Question 1: Can you please confirm the area of work to be included in our scope for the exterior path of travel and site improvements? I have attached an aerial of the building and surrounding site area with highlighted areas in red which we feel are areas that are to be included in the scope of work. We have also highlighted areas in blue that we would like you to review and confirm if these areas are to be included in the scope of work for this proposal response as a part of the Phase 1 improvements. Answer: Yes, include both the red and blue areas in the scope and street parking as necessary to meet ADA standards for path of travel and parking from the public areas of each building. If ADA standards include a particular amount of disabled parking spaces per building, the scope may have to include the other areas of right-of-way not already highlighted depending on the consultant's approach. Question 2: Per the job walk it was stated that the public restrooms in the lobby and at the Council Chambers in City Hall are not to be included in the scope of work for this project. Please confirm that these restroom improvements are not required. Answer: The public restrooms in the City Hall east lobby and the City Hall Council Chambers lobby are NOT to be included in the project scope of work. The employee restrooms in City Hall are also NOT to be included in any future phase of ADA compliance design for the employee portions of the building. ADA Compliance designs for all City Hall restrooms are already in Building Safety review. Agreement No. 6750 Question 3: In the Fire Department Headquarters please confirm that we are not required to provide any restroom improvements? Answer: Restroom improvements are NOT required for the Fire Station 1 public area. For a future phase of ADA compliance design, if recent improvements in the employee restrooms or other portions of Fire Station 1 did not address barrier removals, then those will need to be included in that portion of the scope of work. The same might be required of the Police Department recent building improvements. The plans for the most recent improvements of the employee areas and those to occur in the near future were sent via Sharefile/Citrix software 10/21/21 for the consultants' reference. Question 4: Asa follow-up to Question #1, for phase 2, in addition to the public areas we need to include accessible parking space(s)? Answer: Yes, the exteriors of the buildings, including parking, shall be addressed for ADA compliance for the employee areas in the second phase of the designs. For example, unless there have been more recent changes that the consultants are aware of, the 2010 ADA Standards required one van -accessible space for every six accessible spaces. 2 Agreement No. 6750 2. CITY HALL MAIN (EAST) LOBBY AND COUNTER AREAS (LARGE LOBBY AREA NO LONGER IN PROJECT SCOPE) Lobby ramp area to rernair7 in project scope, approximately 199 s.f. -' Rest of lobby area removed from project �- C" scope. i p � ' ( j i F{{. 10,C 9 r V 7 � ' q a yin-�;RR.�' � „� �"♦��• % k 9 � nm Rai[� x 6 I w r "Uflz I � m . S1 F 7 r Tp w tm % d I. :t� R ^i A Irk a C6QNTER s r wig' 1 Not in Scope ` I_ E tl C a d 7 "A z �yv _ q U ...,�..,�...._.. .......... .._.. r ' r Outside entryway approx.'52 s f. V—_ C� Not in Scope Not in Sco e ,a p P w' o '12A$ f F 'COUNTERS N Not to scale Agreement No. 6750 Agreement No. 6750 architecture Re: Architectural Design Services for City of El Segundo interiors Civic Center Facilities ADA Compliance planning Addendum to Agreement Dated: May 27, 2022 Dear Ms. Rivera: We are submitting this addendum in response to changes in project scope that required an increased expenditure of time and resources to accomplish. This document will amend the "scope of services" as described in the above referenced contract, to now provide for additional services, defined as follows: Revised scope of services required by the project due to the request for additional services to prepare modification to the construction documents. Additional services to be provided include architectural and civil engineering. 1. Prepare topo survey and grading plan to revise drawings to add ADA path of travel improvement from the exterior entry door from the City Hall IT department located on Standard Street to the parking lot at the corner of Standard Street and E. Holly Ave. to provide ADA accessible parking as indicated on the attached exhibit. 2. Modify the parking lot at the corner of Standard Street and E. Holly Ave. to provide ADA accessible parking as indicated on the attached exhibit. 3. Per the requirements of Building & Safety Department provide three separate submittal packages for review and approval to include applications, submittal package, plan review corrections, and cost estimate for the three projects located at the following addresses: City of El Segundo Fire Station 1 (FS1) Building - 314 Main Street City of El Segundo Police Department - 348 Main Street City of El Segundo Civic Center - 350 Main Street 4. The work for the IT basement restroom (work to be performed by other's) in City Hall to be added to the City Hall plan set after Building Safety has approved the other designers' remodeling plans prepared under James Rice's design project. The City Hall plan set will not be considered a final plan set until the IT restroom plan addition has been incorporated. Nevada NWith regard p Ive�aae g d to the increased scope of services as set forth above, additional fee Idaho compensation is required as follows: $24,755.00. This amount will be invoiced in California accordance with the original agreement. Agreement No. 6750 The original contract will remain valid with regard to all terms, inclusions, and conditions, without alteration except as specifically stated herein. When signed below, this amendment will become a binding part of the original agreement. To initiate acceptance of this addendum, please sign where indicated below and return (by fax with original to follow by mail) to us for our records. Please retain a copy for your use. New work will commence upon our receipt of signed addendum. Thank you for the opportunity of providing additional services. We look forward to our continued collaboration as we work toward successful project completion. Sincerely, Addendum approved by: Kathleen M. Oswalt KAU&4- H. 04WAA Project Manager Client Signature & Title Date: Agreement No. 6750 Agreement No. 6750 M Mu N PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES - CONTRACT TEMPLATE Agreement No. 6750 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES ' BETWEEN THE CITY OF EL SEGUNDOAND This AGREEMENT is entered into this _ day of , 2019, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and m a corporation ("CONSULTANT"). The parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit 'A" which is incorporated by reference. 2. SCOPE OF SERVICES, A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A") the City of EI Segundo PSA for Design Services Page 1 Agreement No. 6750 tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. N/A, 7. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT agrees that it has: A. Carefully investigated and considered the scope of services to be performed; B. Carefully considered how the services should be performed; and C. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. The term of this Agreement will be from to for years from , unless otherwise terminated pursuant to Section 15. 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: [or CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and CITY gives CONSULTANT awritten notice to proceed. B, Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities,' the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: Quote. City of El Segundo PSA for Design Services Page 2 Agreement No. 6750 B. Exhibit B: 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number, 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time upon thirty days' written notice. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. City of El Segundo PSA for Design Services Page 3 Agreement No. 6750 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. This Agreement contemplates that CONSULTANT will act both as a design professional (as defined by Civil Code § 2782.8) and for other management services. Accordingly, CONSULTANT agrees to provide indemnification as follows: A. CONSULTANT must save harmless, indemnify and defend CITY and all its officers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property arising from, pertaining to, or relating to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives. CONSULTANT's duty to defend consists of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT's proportionate percentage of fault. CONSULTANT's percentage of fault will be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT's percentage of fault, the parties agree to mediation to determine the CONSULTANT's proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY; CONSULTANT and CITY must each pay half the mediator's fees. Notwithstanding the above, in the event one or more defendants to a Claim is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT must meet and confer with the CITY regarding unpaid defense costs. B. Defense For All Non -Design Professional Liabilities. Notwithstanding the foregoing and without diminishing any rights of the CITY under subsection A, for any liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT must defend, indemnify, and hold harmless Indemnitees from and against any and all damages, costs, expenses (including reasonable attorneys' fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. C. For purposes of this section "CITY" includes CITY's officers, officials, employees, City of EI Segundo PSA for Design Services Page 4 Agreement No. 6750 agents, representatives, and certified volunteers. D, It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. The insurance coverage to be maintained by CONSULTANT as required by Section 23, will not limit the liability of CONSULTANT hereunder. The provisions of this section will survive the expiration or earlier termination of this Agreement. 19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which it is performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits $2,000,000 $1,000,000 $1,000,000 Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88, or equivalent. The amount of insurance set forth above will be a combined single limit per occurrence for bodily City of El Segundo PSA for Design Services Page 5 Agreement No. 6750 injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. CITY's additional insured status will apply with respect to liability and defense of suits arising out of CONSULTANT's acts or omissions. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). E. CONSULTANT will furnish to CITY valid Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, a copy of an Additional Insured endorsement confirming CITY has been given Insured status under the CONSULTANT's General Liability policy, and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT underthis Agreement or terminate pursuant to Section 15. 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: If to CITY: Address City of El Segundo City of EI Segundo PSA for Design Services Page 6 Agreement No. 6750 Address 350 Main Street Phone El Segundo, Calif. 90245 Attention: Name Attention: Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29. INTERPRETATION. This Agreement was drafted in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 31. ENTIRE AGREEMENT. This Agreement, and its Exhibits, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are Exhibits to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to City of El Segundo PSA for Design Services Page 7 Agreement No. 6750 engage in the actions described herein. This Agreement may be modified by written amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 35. ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic (.pdf) or facsimile transmission. Such electronic or facsimile signature will be treated in all respects as having the same effect as an original signature. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. [Signatures on next page] City of El Segundo PSA for Design Services Page 8 Agreement No. 6750 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. CITY OF EL SEGUNDO NAME Scott Mitnick, By: City Manager Its: By: Its: ATTEST: Taxpayer ID No. Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Insurance Approved by: City of EI Segundo PSA for Design Services Page 9 Agreement No. 6750 APPENDIX B LOCATION MAP AND CIVIC CENTER FACILITY LIST Agreement No. 6750 RFP ENG 21-41 ii"NL,I NDO DESIGN SERVICES FOR CIVIC CENTER FACILITIES ADA COMPLIANCE LOCATION MAP w E W Maple Ave C r° E Maple Ave o C 0 _ ITane CIµ T ak Ave o W Oak Ave r E Oak Ave rn C. Legend R _ City Boundary m H A H W Palm Ave e E Palm A Fire Station 1 el Im Ave a 1J�0. v ��',. Police Station EraYtlrl °f City Hall W Mariposa Ave E Mariposa Ave W Pine Ave 0 M a i c e � > o W Holly Ave J fA L � u c � U nvA° ,t W Franklin Ave l Q 1,504.7 0 WGS_1994_Web_Mercator Aubliar"phere N C D Y a a E_Pine Ave r, o-a„ pore o", 7,J'1 Phne Ave V a C >• E y L ujj " @ Ell 5egun do E Holly Ave E Holly Ave 1"F 1afmfu tll C O N N o 4 u ' WE Franklin Ave Q �"D Iii] H , rn Notes .33 1,504.7 Feet DISCLAIMER: The i f—tion shaven on (his map was compiled ffmn dit—t GIS sources. The lard base and had/6 informaffon on this map is for display purposes only and should not be relied upon wfthouf independent — ficelion as to ds a—ecy. The City of El Segundo will not be held responsible fa any dafms, losses or damages resulting from the use of fhfs map Agreement No. 6750 CITY OF EL SEGUNDO FACILITY LIST CIVIC CENTER AREA YEAR BUILT OR ADDRESS (S.F.) CONSTRUCTION REMODELED ,City Hall Masonry Civic Center Construction/Wood j350 Main Street 29700 Roof 1977 Police Station Civic Center 1978 I348 Main Street 26466 Mansoa Construction 2000 Dispatch Center Civic Center 1978 348 Main Street 4980 Mansory Construction 2000 Fire Station 1 (FS 1) Masonry Civic Center Construction/Wood 314 Main Street 8539 Roof 1961 Handball Court east of FS 1 Masonry Civic Center Construction/Wood 314 Main Street 1070 Roof 1967 Hose Tower east of FS 1 Masonry Civic Center Construction/Wood 314 Main Street 105 Roof 1978 Gym east of FS 1 Masonry Civic Center Construction/Wood 314 Main Street 726 Roof J 1958 Agreement No. 6750 APPENDIX C FIRE STATION 1 LOBBY AND PICTURES Agreement No. 6750 FIRE STATION 1 LOBBY NORTH Agreement No. 6750 Agreement No. 6750 POLICE DEPARTMENT LOBBY AND PUBLIC RESTROOMS Agreement No. 6750 POLICE DEPARTMENT LOBBY AND PUBLIC RESTROOMS N Not to scale F as CXwt CX Outside entryway approx., 91 s.F. r s ILobby apprz��. I � i4 W� 106 s t. I., L`ApW I TAM' TOb )., qq �� Agreement No. 6750 Agreement No. 6750 Agreement No. 6750 APPENDIX E CITY HALL PUBLIC AREAS 1. CITY HALL COUNCIL CHAMBERS AND WEST LOBBY 2. CITY HALL MAIN(EAST) LOBBY AND COUNTER AREAS Agreement No. 6750 CITY HALL PUBLIC AREA (RESTROOMS NOT IN PROJECT SCOPE) 1. CITY HALL COUNCIL CHAMBERS AND WEST LOBBY 4 iz .......... 7 4: F7144 - L.0 U1 tl_ Jf V y �.. -4 j [;K T wpp rr Y In 7. , Council Chambers Ff approx. 1,247 s. f, 7 7�1 7�1,1,171,1,17,i tLr", _N 15111�,� N I th �o 7 '4 Lobby approx. 1,035 s.f, Z� .. ... . ..... . Outside entryway approx. 54 s.f. . . ............ .. . . . . . . ....... . . . . . ............ . . - N Not to scale Agreement No. 6750 Agreement No. 6750 Agreement No. 6750 . -J 2. CITY HALL MAIN (EAST) LOBBY AND COUNTER AREAS 7 7 T.::Zl 01sr W-Z N Not to scale Agreement No. 6750 Appendix E2 revised 12/09/21 -Agreement No. 6750 2. CITY HALL MAIN (EAST) LOBBY AND COUNTER AREAS (LARGE LOBBY AREA NO LONGER IN PROJECT SCOPE) Lobby ramp area to remain fie' I in project scope, approximately 199 s.f. Rest of lobbyarea removed i Lb - { j C from 1 ro ect scope. p 56 tl .I Inr Aux �J ;e: EZlrf a i r U S ' t� 481 l"W PS 9 >" ,gym u I Jug <t I m° 6 p`a,LC VN r NTER r L Not in Scope1 ...... - il' fli # . Outside entryway � � � v e v � am' a yrox. 52 s.'f„ � .v Not in Scopee Not in Scope � f ✓ �..._ w ^n -rl v nC f E 'Dw MIL 'tl r, y �CCUNTERI�, N Not to scale Agreement No. 6750 Agreement No. 6750 CITY OP ELSEGUNDO October 6, 2021 REQUEST FOR PROPOSALS (RFP) CITY OF EL SEGUNDO EL SEGUNDO CIVIC CENTER FACILITIES ADA COMPLIANCE DESIGN RFP NO. ENG 21-41 Dear Sir/Madam: The City of El Segundo (herein after referred to as "City") seeks to enter into a professional services agreement with a qualified, experienced firm to provide designs for bringing the public areas and then the employee areas of the City Hall, Police Station, and Fire Station 1 buildings in our Civic Center into ADA compliance. The project's purpose is to provide construction -ready plans approved by the City's Building Safety Division, construction cost and schedule estimates, and technical assistance during the bidding and construction periods. Proposals shall be submitted by firms that have civil engineering, architectural, and ADA- compliance design experience. Interested firms shall have sufficient, readily available resources in the form of trained personnel, support services, specialized consultants and financial resources to carry out the work without delay or shortcomings. Examples of previous similar successful projects should be provided. See Section 4 for the proposal requirements. Please note the RFP insurance includes a Waiver of Subrogation for Worker's Compensation as a statute requirement. A mandatory Zoom meeting will be held October 14, 2021 at 10 am to clarify the project scope. Please email to request meeting access instructions. To be considered for selection, please submit the following by 4:00 PM on THURSDAY, November 4, 2021: One electronic proposal copy emailed to fjAc��ei�el , i(Rm) g. Please place the following in your email Subject lines: "RFP ENG 21-41: EL SEGUNDO CIVIC CENTER FACILITIES ADA COMPLIANCE DESIGN" Thank you for your interest in this project, Floriza Rivera City of El Segundo Public Works Department 350 Main Street El Segundo, CA 90245 310-524-2361 Page 1 of 8 REQUEST FOR PROPOSALS Agreement No. 6750 RFP NO. ENG 21-41 TABLE OF CONTENTS Section 1 Scope of Services Section 2 General Conditions and Requirements Section 3 Statement of Work Section 4 Proposal Requirements Section 5 Selection Process Appendices A. Professional Service Agreement Contract Template B. Location Map C. Fire Station 1 Lobby D. Police Department Lobby and Public Restrooms E. City Hall Lobbies F. Fire Station 1 Facility Assessment G. Police Department Facility Assessment H. City Hall Facility Assessment Page 2 of 8 REQUEST FOR PROPOSALS Agreement No. 6750 SECTION 1: SCOPE OF SERVICES 1.1 BACKGROUND AND PROJECT DESCRIPTION RFP NO. ENG 21-41 Located on the western edge of Los Angeles County, the City of El Segundo (City) is a coastal community of residential, commercial, and industrial land. The City recognizes its responsibility to meet the public's needs with long range planning efforts for infrastructure maintenance, and ADA-compliant improvements to its facilities. The City's Civic Center is bounded by E. Grand Avenue, Main Street, E. Holly Avenue, and Standard Street and includes three important facilities, listed below. 1. Fire Station 1 at 314 Main Street 2. Police Station at 348 Main Street 3. City Hall at 350 Main Street Portions of these City facilities are not in compliance with the current requirements of the ADA. Needed ADA improvements include, but are not limited to, the following: • Providing service counters with adequate counter heights • Providing doors with adequate wheelchair maneuvering clearances • Providing exterior walkways with required widths and accessible slopes • Providing signage at adequate heights with tactile characters or braille • Providing a path of travel to a compliant number of accessible parking areas • Providing restrooms with compliant maneuvering clearances, toilet stall widths, dispenser reach ranges, mirror heights and grab bars This project's purpose is to select a qualified firm to provide construction plans, specifications, cost and schedule estimates, to upgrade the public areas of each building, including their exteriors, to remove existing accessibility barriers and comply with ADA requirements as a first phase of the design project. The second phase of the project will focus on the preparation of ADA compliance designs of the rest of the named buildings, while minimizing design recommendations that may lead to major hazardous materials disturbance and subsequent mitigation. The CONSULTANT shall ensure the resulting plans for each phase are planchecked and approved by Development Services and are Building -Permit -ready. The Consultant will also provide technical assistance during the bidding and construction periods. 1.2 STANDARDS 1.2-1 Latest Editions CONSULTANT shall perform all services under the Agreement in conformance and in compliance with the latest editions of: • United States Access Board's Americans with Disabilities Act (ADA) Standards, • The most recent edition of the California Building Code, • The most recent editions of the Standard Specifications and Standard Plans for Public Works Construction (SSPWC), and • Other applicable Standards. Page 3 of 8 Agreement No. 6750 REQUEST FOR PROPOSALS RFP NO. ENG 21-41 1.2-2 Plans, Specifications and Estimates (PS&E) PS&E shall be prepared in English units and in conformance with the latest editions of applicable standards. As part of the work involved in the preparation of the PS&E, CONSULTANT shall prepare Special Provisions pertaining to items of work included in the plans that are not addressed in the latest editions of applicable standards. CONSULTANT will furnish and compile all required Technical Provisions, as well as lists of required products, fixtures, accessories, etc. to be used in construction. 1.2-3 Drafting Plans shall be prepared on standard plan sheets acceptable to the City. The size and clarity of lettering on plan sheets requires special attention, as final contract plans are full-size and half-size. Plans, which are illegible or otherwise difficult to read, are unacceptable. Drafting standards used shall be acceptable to the City. 1.2-4 Conflicts/Design Exceptions In case of conflict, ambiguities, discrepancies, errors, or omissions, CONSULTANT shall submit the matter to City for clarification. 1.2-5 Reference Materials CONSULTANT shall also be responsible for ensuring the most recent version of all reference materials are used, including any addenda and errata. CONSULTANT shall have knowledge of and utilize all applicable Local, County, State, and Federal ADA laws, guidelines, procedures, templates, rules, and resources in the development of the plans. SECTION 2: GENERAL CONDITIONS AND REQUIREMENTS 2.1 OBJECTIVES AND SCOPE OF WORK Upon acceptance of the successful response to this RFP the selected firm will utilize all sections of this RFP as part of the contract entered with the City. The selected firm will be expected to perform all analyses and investigation necessary to complete the scope of work and statement of work, including but not limited to: 1. Generating and implementing a two-phase design schedule 2. Reviewing as -built plans for the project buildings 3. Reviewing all existing asbestos and lead reports for the project buildings 4. Reviewing all existing ADA-related reports for the project buildings and areas 5. Identifying any other existing obstacles/barriers limiting public accessibility 6. Identifying improvements to paths of travel and accessible parking or sidewalks in the public right-of-way leading to the buildings 7. Working with City staff and affected departments to include their design input 8. Providing construction plans and specifications for each design phase 9. Working with the City's Building Safety Division for plan approval and Building Permit 10. Providing construction cost and schedule estimates for each construction phase 11. Providing bid phase and construction phase technical assistance for each construction phase Page 4 of 8 REQUEST FOR PROPOSALS Agreement No. 6750 RFP NO. ENG 21-41 2.1-1 CONSULTANT shall be responsible for the accuracy and completeness of the plans, documents, estimates, and related material prepared for the project. The minimum criteria for acceptance shall be a product of neat appearance that is well organized, technically and grammatically correct, and thoroughly checked. Plans and specification documents shall be submitted in draft as scheduled, and the opportunity provided for the City to direct revisions, prior to final submission. The plan title page shall identify the preparers of the plans and shall bear the stamp and signature of the engineer(s) or professional(s) responsible for their preparation. 2.1-3 The CONSULTANT shall maintain a set of project files that are indexed in accordance with a filing system approved by the City. At the completion of this Scope of Work, all files and correspondence relating to the Project shall be turned over to the City, including all working data, field data, and background information used in creating the deliverables identified in the Scope of Work. CONSULTANT shall submit all final documents on a USB flash drive using original Microsoft Office software or CAD file as applicable, as well as submit copies using PDF file format as required by the City. 2.1-4 CONSULTANT shall assist in understanding contract objectives and requirements, CONSULTANT will provide a schedule and hold regular meetings with the City to discuss work objectives, CONSULTANT's work schedule, contract terms and other related issues. In addition, the meetings will serve as a forum for resolving any issues related to the report development. 2.1-5 Throughout the project, CONSULTANT will consider least -cost alternatives analysis for implementing repairs and barrier removals during the design, where appropriate and feasible. 2.1-6 City Project Manager will administer CONSULTANT contract and provide general direction to CONSULTANT. SECTION 3: STATEMENT OF WORK The project Statement of Work is outlined below. Although it contains the basic activities envisioned for the project, other significant issues deemed necessary should be addressed. SCHEDULE Within one (1) week after the City's Notice to Proceed, the CONSULTANT shall meet with the City staff to initiate the Project and conduct the Project Kick -Off Meeting with key Consultant personnel. The purpose of this meeting will be to establish clear lines of communication, and to review and revise, if needed, the proposed project schedules and scopes, establish general guidelines, discuss project parameters and constraints, and obtain background data. It is very important that the Consultant strictly adheres to the time schedule for this project and ensures a timely completion. The work shall commence on date specified in the Notice to Proceed to be issued to said CONSULTANT by City and shall be completed within 40 working days after the date of commencement. 3.1 TASK 1— PRELIMINARY ANALYSIS 1. CONSULTANT shall prepare a detailed work program and schedule for all tasks to be undertaken, including key decision points, meetings, submittals, reviews and project deliveries. CONSULTANT shall manage the project to complete the project on schedule and within budget. Page 5 of 8 REQUEST FOR PROPOSALS Agreement No. 6750 RFP NO. ENG 21-41 2. Document Review and Site Visit: Compile and review existing documents pertinent to this project, including but not limited to existing ADA-related assessments for the project buildings, building plans, base and utility maps, street improvement plans, etc. Visit the site as necessary to gain a full understanding of the scope of the project. 3. Provide licensed surveying to ensure the design will have proper ADA-compliant sidewalk and walkway or ADA ramp slopes. 4. Meet with, and solicit feedback from, Building Maintenance, Street Maintenance, Building Safety, City Hall, Police Department, and Fire Department representatives regarding their buildings. 5. Evaluate the input received and the goals required in the project areas. The emphasis is to bring into compliance the areas used by the public. Evaluation shall include improvements to the street, sidewalk and public access to each building. 6. The City will provide typical boilerplate specifications. 7. No analysis or plans will be needed for the upgrade of the City Hall restrooms. 3.2 TASK 2 — PROVIDE AND PRESENT CONSTRUCTION PLANS 1. Based on the information and input already received, submit construction plans and technical specifications at the 60%, 90% and final stages. Plans shall focus on improvements for areas used by the public, both inside and outside each building. Building exterior access, street and sidewalk improvements shall be included in the designs. CONSULTANT shall attend review meetings to discuss any City comments during these phases. All plans shall be submitted in a 24"x36" format on mylar using a standard City title block. Final plans shall also be submitted to the city in Auto -Cad 2013 format. Special provisions, technical specifications and plans shall be submitted in electronic format on a USB drive accompanied by a hard copy of the complete specification document and a full size (24"x36") hard copy of the plans. All documents shall be sealed with the stamp of the engineer, registered in the State of California, who is directly responsible for the project design. 2. CONSULTANT shall ensure the plans will be compatible with required ADA-compliance and applicable design standards. Plans shall include improvements to, or installation of, paths of travel to accessible parking spaces outside each building. 3. CONSULTANT shall provide construction notes in the plans for the installation of public directional and/or informational signage, and accessibility -required signage. 4. Submit plans and required documentation to Building Safety for plancheck and permit approval. Revise plans as necessary. 5. When plans have been approved and a Building Permit is ready to be issued, prepare presentation to City Council for a future Council meeting. 6. CONSULTANT shall prepare a probable construction cost estimate based on the construction documents drafted in 3.2 Task 2.1 above. The construction cost estimate shall be prepared on a unit cost basis. 7. Construction Sequencing: The CONSULTANT shall prepare a timetable outlining a realistic schedule for construction which includes construction methods that can be used to ensure the public will be able to access City facilities during construction. If restricting or prohibiting access is unavoidable, CONSULTANT shall identify the duration expected and offer access solutions where feasible such that the public can reach these City buildings during construction hours. Alternatively, CONSULTANT shall recommend an alternative work schedule to minimize impacts while achieving expeditious Page 6 of 8 REQUEST FOR PROPOSALS Agreement No. 6750 RFP NO. ENG 21-41 implementation of the construction project. It is expected that construction for each building will be completed in different phases, to achieve the public area improvements first before employee -area improvements, while minimizing the disruption of parking availability in the immediate Civic Center area. 3.3 TASK 3 — BID ASSISTANCE CONSULTANT shall provide engineering and design services and be available to answer any questions from prospective bidders during the entire bid phase of the project. CONSULTANT shall also prepare and release any required addendums to the plans and specifications during the bid phase. 3.4 TASK 4 — CONSTRUCTION PHASE ASSISTANCE Engineering Support During Construction: The CONSULTANT team shall provide engineering and design services during the construction phase by reviewing and providing recommendations regarding contractor's request for information, contractor's shop drawings, submittals, change orders, periodic (average one (1) per week) site visits during construction and recommendation for final acceptance of the work. Daily inspection services, contract administration, special inspection and testing services, etc., are not to be included. SECTION 4: PROPOSAL REQUIREMENTS The proposal shall be prepared in no smaller than 11-point font and not exceed 10 pages (5 double - sided) in length. Covers, dividers, table of contents, cover letter, resumes (no more than two pages for each team member) are not included in the page count. The following shall be included in the proposal: 1. CONSULTANT's understanding of the scope of work and a description of its project approach with specific milestones and deliverables as outlined in this RFP. 2. CONSULTANT's qualifications and experience within the last five (5) years as the prime Consultant of record completing a minimum of five (5) successfully realized tasks/services of a similar nature and scope with names and current telephone numbers of references that can be contacted. 3. CONSULTANT's project team, including name of project manager, key staff members, organizational chart, and Sub -consultants (if any) to be retained by the CONSULTANT. 4. Scope of services to be provided with a breakdown of different tasks. The scope of work and statement of work defined in this RFP, including any sub -consultant work, shall at minimum be referenced as included in the scope of services. 5. CONSULTANT's estimated fee for services to be provided as described in the scope of work and statement of work. CONSULTANT shall list the services for each Civic Center building separately. CONSULTANT fee will not be used as the sole basis for the selection; however, it will be a factor for consideration. Page 7 of 8 REQUEST FOR PROPOSALS Agreement No. 6750 RFP NO. ENG 21-41 6. A statement that CONSULTANT is agreeable to execute the enclosed City -Consultant agreement, to provide proof of insurance as noted in the agreement and to obtain and maintain a City Business License for the duration of the CONSULTANT services. SECTION 5: SELECTION PROCESS City staff will conduct the qualifications -based review of all received proposals, and then factor in the fee to produce a ranking list. Proposals will be evaluated based on the following criteria: Responsiveness and completeness of the proposal. (20%) CONSULTANT team qualifications and overall experience (20%). o Experience with designing similar projects, particularly those that have been constructed o Technical expertise, experience, and availability of personnel assigned to the project o Ability to produce reliable design and construction estimates r Understanding and Approach (30%) 0 Cost Proposal. Firms will be ranked based upon qualifications and receive a score out of the 100 available points. Then the cost proposals will be opened for the top ranked firms (the City reserves the right to open as many as desired and return other lower -ranked firms' cost proposals unopened) to check if they are complied with market price or otherwise reasonable. The City reserves the right to negotiate with the CONSULTANT if the City feels the rates are above market price or the proposal contains unreasonably high cost items. RESERVATION OF RIGHTS This Request for Proposals is a solicitation and not an offer to contract. The City reserves the right to reject any and all proposals. The City further reserves the right to issue clarifications and other directives concerning this RFP, to require clarification or further information with respect to any proposal received, and to determine the final terms of any contract. Interviews may be required by the City with selected consultants to clarify consultant proposals and to allow for contract negotiations. Acceptance of any proposal will be based upon factors including, but not limited to: approach and understanding; proposed work program; cost for services; completeness of proposal; thoroughness of information provided; and team qualifications. The top -rated consultants may be requested to interview with several members of City staff, who will make the final selection. ANTICIPATED SCHEDULE Solicitation issued Mandatory Zoom meeting, 10:00 AM Deadline to receive questions, 4:00 PM City response to questions Proposal due date, 4:00 PM Anticipated award date Required design completion date Council presentation Bidding Construction Page 8 of 8 Wednesday, October 6, 2021 Thursday, October 14 Monday, October 18 Wednesday, October 20 Friday, October 29 Tuesday, November 16 Monday, January 17, 2022 Tuesday, February 3 Thursday, February10 April, 2022