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CITY OF FONTANA
PROFESSIONAL SERVICES AGREEMENT
DE-25-91-SP
This Agreement is made and entered into as of May 13, 2025 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and Robert, Borders & Associates a Corporation with its principal place of business at 1675 Scenic Ave., Suite 210 , Costa Mesa , CA 92 626 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Regional Navigation Center Tenant Improvements Project (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $625,399.00. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Period ic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
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statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term
The term of this Agreement shall be from May 22, 2025 to May 22, 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agree ment and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be consid ered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non - performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non -performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
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Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stip ulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance mu st include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Col lapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
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(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4 ) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either d eductibles or provide coverage excess of a self -insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the perform ance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall main tain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
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maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificat e of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
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Liability Additional Insured Endorsement to the City at least ten (10) days prior to the ef fective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuou sly for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages , except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these spe cifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilitie s and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agr eement does not comply with these specifications or is
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canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements . Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum l imits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consul tant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782. 8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a fi nal adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
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compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws . It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1) . The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may al so be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Dep artment of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issue d by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and f ederal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
17. Termination or Abandonment
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a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, draw ings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed pri or to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Syed Raza, PE, as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Jeffrey Kim, Department of Engineering
CONSULTANT:
Robert, Borders & Associates
1675 Scenic Ave., Suite 210
Costa Mesa, CA 92626
Attn: Shelly DiLauro
and shall be effective upon receipt thereof.
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22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the St ate or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those ma tters covered hereunder. Each P arty acknowledges that no repre sentations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, admi nistrators and assigns of each P arty to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its righ ts, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either P arty, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
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Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or s ecure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other considerat ion contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
Robert, Borders, & Associates
By:
Shelly DiLauro
Principal l Design
Attest:
By:
Germaine McClellan Key
City Clerk
By:
Loren Della Marna
Principal l Architect
Approved as to form:
Best Best & Krieger LLP
City Attorney
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha Thomas
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES
___________________________________
Chief Financial Officer
Purchasing Office
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EXHIBIT A
Scope of Services
RFP for Architectural Design Services for the Regional Navigation Center Project DE-25-91-SP
SECTION 2: Project Approach and Work Plan
1. Project Approach : Our project approach will utilize multiple Team members to complete various specialized tasks concurrently to complete the project scope and meet the required timeline.
Each firm is specialized in their own discipline an d as a team we cover all aspects of this project including site, building structural, electrical, me chanical, plumbing and architectural design.
Having recently completed the design and constructi on of the Garden Grove Navigation Center Shelter, our team brings a wealth of knowledge to this project. We were intimately involved in the planning/programming to create a transitional housi ng facility that includes many of the same elements of this project.
We present our suggested tasks below to implement project phases ranging from programming to completion and building occupancy for a comprehensi ve project approach and ultimately a successful project.
2. Work Plan (Tasks 1-5) We have also provided a proposed primary schedule i n Section 4 based upon the requested deliverables. Many aspects of t he project have been incorporated, including City review and Agency processing. Finally, we wou ld like to review the requested scope & deliverables with the stakeholders to develop a tai lored project approach that meets the desired goals & time frame.
Task 1 – Schematic Design
a. Conduct project Kick-off meeting with City Staff , Service Provider and Design Team.
Provide a detailed project schedule outlining key milestones for review and comment. b. Preliminary field investigation and assessment o f the project building and site. Conduct a detailed review of the existing City plans, documents, code review, site utilities and property information. Findings will determine the adequacy and deficiencies of the existing facility. c. Conduct a detailed program and interior design i nterview with City staff and service provider to develop an understanding of the Fontana Regional Navigation Shelter for needs and requirements.
d. Prepare a detailed Space Needs Assessment docume nt for current and future needs for facility staff, sleeping rooms, common areas restro om/shower facilities, living spaces, meeting spaces, office spaces, counseling rooms and food preparation and commercial kitchen facilities and site accommodations. The Space Needs Assessment will be presented to the City for review and comment.
e. Prepare a Space Plan (SP-1) with 2 options based upon the Space Needs Assessment document and Site Evaluation presented to City for review and comment. Two (2) space plan revisions are included in this phase. Each space plan will be presented at a meeting. f. Develop (2) finish & material options for the in terior and exterior project scope. The options will be presented at the space plan meetings. Two (2) revisions are included. g. Develop interior elevations and sections based u pon approved space plan SP-3. h. Coordinate preliminary construction cost estimat e.
i. Create finish & materials board based upon appro ved color scheme. j. Coordinate (2) interior and (1) exterior renderi ng as requested. We recommend that the renderings be finalized in the design development phase once the design is more solidified and any value engineering is completed.
3 RFP for Architectural Design Services for the Regional Navigation Center Project DE-25-91-SP
k. Deliverables: Schematic Design plans, elevations & sections; (2) interior and (1) exterior rendering block outs; preliminary cost estimate; fi nish & material board. Up to Four (4) meetings are included under this phase.
Task 2 – Design Development (30% Construction Documents) a. Coordinate with Engineers to analyze site condition s and determine specific site requirements needed for site development to provide exterior parking, security and Disabled Access Improvements. Engineers will coordinate wit h utility companies for scope as may be required.
b. Prepare and survey civil topography and utilities d ocumentation. Verify utility constraints, maintenance options and provide recommendations to City. c. Prepare Design Development Plans based upon the approved Scope of Work; suitable for entitlements (CUP) submittal and approval.
d. Update preliminary cost estimate based on the selected option. e. City review of documents, plans and final materials. f. Deliverables: Design Document Drawings; Space Plan, Reflected Ceiling Plan, Power and Signal Plan, Building Section, Roof Plan, Exterior Elevations, Building Cross Section and Developed Renderings and updated Estimate of Probable Cost. One (1) meeting to present the Design Documents to the City is included. City submittal of CUP as maybe required.
Task 3 – Construction Documents
a. Prepare construction documents and specifications f or City Agency processing and construction bid. The plans and specifications will define all areas to comply with all adopted laws, ordinances and codes.
b. Submit the 60% CD set to City for review and comment. Attend meeting with City to gather comments. Incorporate City comments into the CD set.
c. Coordinate project scope with specification writer.
d. Submit the 95% CD set for Building & Health Departm ent plan check and City staff review for final comments.
e. Update final Estimate Cost based upon the 95% construction drawing set. f. Complete final plan check comments and ready drawin gs, specifications (100% CD’s) for bidding.
g. Deliverables: Construction Drawings; Specification Book, updated Estimate of Probable Cost and up to two (2) meetings (Meetings no. 7 and no.8).
Task 4 –Contractor Bidding and Contractor Selection
a. Provide bid assistance to include preparation of Bi d instructions, answering questions from prospective bidders, issuing addendums, participation in bidder conference meeting No. 9 & bid analysis assistance to determine the most qualified bidder.
Task 5 –Construct Contract Administration
a. Provide construction observation and construction support services during construction – including but not limited to:
• Attend the pre-construction meeting
• Attend weekly construction coordination meetings; per allowance noted below • Submittal and shop drawing review
• Respond to requests for information (RFI)
• Assist City in change order review and negotiation s
• Production of record drawings
4 RFP for Architectural Design Services for the Regional Navigation Center Project DE-25-91-SP
• Prepare punch list walk and re-walk; Issue correct ion list to General Contractor
b. Deliverables: Punch list and Record Drawings; up to thirty-six (36) construction meetings. (9 on-site; 27 virtual). We assume the project duration is 9 months for construction.
3. Quality Control and Management
Quality Control and Management principles and procedures are part of Borders Architects commitment to our clients and continues to be a primary factor of our clients’ satisfaction and repeat business. Our team’s objectives include focusing on quality design, ability to complete the project in a timely manner based upon the City’s budget and to further the development of our relationship.
a. Project Schedule
The project schedule is a valuable tool used by all Design Team members and Stakeholders and plays an important role in the overall project delivery. Timelines and process procedures are discussed during the initial meetings and included in the pro posed project draft schedule. We feel getting input from all stakeholders on the various task durations is very important and ensures Team commitment.
b. Designing within Budget
Establishing a budget in the beginning of a project is essential and provides a benchmark for every Phase. We suggest a cost estimate should be prepared at the Schematic Design Phase and updated at the Design Development Phase to make sure the pr oject is on track prior to the preparation of construction documents. This process allows adjust ments to be made when the drawings are in the early stage and easier to alter. A final cost/engineer’s estimate of probable cost would be prepared at the completion of construction documents based on 95% CD completion.
c. Cooperative Relationship
Borders Architects and its consultants are team ori ented and believe in clear and open channels of communication. We have built our business on the relationships that we develop with our clients and value every one of them. Our 20 plus year history with the City of Ontario speaks for itself and the relationship that we have developed. We have previously collaborated on Fontana’s Miller Park a few years back and look forward to working with City st aff, outside agencies and other consultants as needed for the successful completion of this project.
d. Successfully Completing Project
The project schedule, budget and the relationship p lay a vital role in the success of a project. This approach has proven effective in our projects as it provides benchmarks for dues dates, opportunities to adjust design elements for budget phases and a c ollaborative Team and Stakeholders working together for the same end goal.
e. Quality Control
Borders Architects commitment to our clients, as we ll as our insistence on compliance with performance schedules and delivery dates, continues to be a primary factor of our clients’ satisfaction and repeat business. To ensure we meet our quality standards, each team member is individually selected for his or her proven record of accomplishment and specific expertise. Our team’s objectives include focusing on quality design, clear and open channels of communication, and unwavering attention to the clients’ needs and requirements.
Borders Architects has devised an extremely effecti ve process which assures the quality and cost effectiveness of all projects.
Our current policy on quality control is as follows:
• In-house Review: Commitment by Principals to check all projects • Project Meeting: Team meeting at the beginning of the week to review the progress/status of the project.
• Final Review/Coordination: Principals always chec k projects for information and coordination • Architectural Check List: Used as a cross-check t hroughout the production of the project. 5 SECTION 3: Organization Chart
6 RFP for Architectural Design Services for the Regional Navigation Center Project DE-25-91-SP
SECTION 4: Proposed Preliminary Schedule
Please refer to the Preliminary Project Schedule below based on established dates noted in the RFP document. Please note that we are of the opinion th at the schedule is very tight based on the recommended Tasks (Work plan; Item 2, Section 2) wi th the Start of Construction date pushed out further than what is indicated in the RFP Document.
7 14
16498.00150\32126437.1
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.
SECTION 8: Cost Proposal-REVISED
A. Project Fee and Hourly Resource Matrix
Task Description Fee % fee Hrs.
a/e/m/p /kitchen
1 Schematic Design $ 1 27,116 21.0 % 226.5
2 Design Development $ 1 27,379 21.9 % 400
3 Construction Documents $ 236,185 40.6 % 882
5 Bidding & Negotiation $ 18,546 3.2 % 43
6 Construction Services *** $ 96,07 3 16.5 % 388 ***
SUBTOTAL $ 605,299 100% 1,939.5** hrs .
Reimbursable Expenses (estimated)* $ 20,100
PROJECT TOTAL $ 625,399
*Plan check fees, permit fees, city or other agency processing fees, school fees, etc. are not included. ** Total hour breakdown excluding security, as built services, structural and civil engineering and site topographical surveying
*** Estimated Allowance of 316 hours for architectural only; including Construction Meetings, etc.
B. Scheduled Fee Rates
Architectural (Borders Architects)
Personnel Rate/Hr .
Principal $ 225.00
Senior Project Manager $ 195.00
Project Architect $ 195.00
Project Manager $ 165.00
Senior Designer $ 145.00
Senior Drafting $ 135.00
Administrative $ 135.00
M/E/P (Linwood Engineering Incorporated)
Personnel Rate/Hr .
Principal/Owner/Director $ 285.00
Associate/Specialist $ 225.00
Engineer/PM $ 185.00
Designer $ 145.00
Draftsperson $ 95.00
Admin $ 65.00
Kitchen Design (Avanti)
Personnel Rate/Hr .
Executive/Sr. Designer $ 225.00
Project Designer $ 185.00
REVIT/BIM/CAD specialist $ 145.00
Documentation/Admin $ 85.00
Civil (Brandow & Johnston)
Personnel Rate/Hr .
Executive/Sr. Designer $ 225.00
Project Designer $ 185.00
REVIT/BIM/CAD specialist $ 145.00
Documentation/Admin $ 85.00
Structural (Brandow & Johnston)
Personnel Rate/Hr .
Principal $ 310.00
Associate Principal $ 270.00
Project Manager $ 250.00
Senior Project Engineer $ 235.00
Project Engineer $ 210.00
Design Engineer $ 170.00
REVIT/CAD Manager $ 215.00
REVIT/CAD Technician $ 160.00
Engineering Intern $ 120.00
Documentation/Admin $ 120.00
08/16/2024
Assured Partners of California
1300 Dove Street, Suite 300
Lic# 0M07762
Newport Beach CA 92660
Sonya Silva
(949) 261-5335 (949) 261-1911
[email protected]
Robert Borders & Associates
1675 Scenic Ave., Suite 210
Costa Mesa CA 92626
Continental Casualty Co 20443
American Casualty Company of Reading, PA 20427
National Casualty Co 11991
24-25 Liability
A 4024428684 08/16/2024 08/16/2025
1,000,000
1,000,000
10,000
1,000,000
2,000,000
2,000,000
A 4024428684 08/16/2024 08/16/2025
A
10,000
4024428796 08/16/2024 08/16/2025
2,000,000
2,000,000
B Y 4024428751 08/16/2024 08/16/2025
1,000,000
1,000,000
1,000,000
C
Errors and Omissions Liability
JE0002929 08/16/2024 08/16/2025
Per Claim $2,000,000
Aggregate $4,000,000
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