12.B Report Award PD Annex Design Rubio Medina 2022-09-06 — Pismo Beach City Council, September 6, 2022

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B
SUBJECT/TITLE:

AGREEMENT WITH RUBIO MEDINA, ARCHITECT FOR ARCHITECTURAL DESIGN

SERVICES FOR THE PISMO BEACH POLICE ANNEX BUILDING
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Rubio Medina, Architect in the amount of $161,067 for architectural design services for the Pismo Beach Police Annex Building project.

BACKGROUND:

The Pismo Beach Police Annex building is located at 585 Dolliver Street. The building is divided into two parts, section A and section B. Section A currently serves as the Visitor’s Information Center (VIC) and consists of lobby space, customer serving workspace with a counter serving the lobby, office space, two small storage spaces and a restroom.

Section B currently serves as the Downtown Parking Office and consists of lobby space, customer serving workspace with a counter serving the lobby, a small storage space and a small restroom. The two sections have no interior connections.

The Pismo Beach Police Annex Building project consists of tenant improvements to make the building functional as a downtown location for both the Police Department and Parking Division, primarily to enhance Police response and presence in the downtown area and in part to assure continuity of operations for the Police Department during construction of the Public Safety Facility project. The following tenant improvements are included in the project:
Creation of a small secure lobby with a secure interview room, a secure customer service counter/workspace and two private offices in Section A Creation of a walkup window for customers to pay parking tickets without coming inside the building and a private office in Section B.
Installing a door connecting the two spaces and one restroom to serve both sections.
Removal of the “storefront bay-windows” that protrude from the building and return the appearance of the building to its original appearance circa 1938. Construction of a garage in the Southeast corner of the property to house police vehicles to allow for rapid response downtown and to improve officer safety.

Staff issued a Request for Proposals (RFP) for architectural design services for the Pismo Beach Police Annex Building project. Six proposals were received on May 18, 2022, and were evaluated by a review panel. Rubio Medina, Architect (cost proposal provided as Attachment 1.A) was selected to perform the work based on the following:
Understanding of the scope of work to be performed
Methods, schedule, and procedures to be used

12.B-1Council Agenda 9-6-2022

Management, personnel, and experience
Consultation and coordination with the City of Pismo Beach Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with Rubio Medina, Architect in the amount of $161,067 to complete the architectural design of the Pismo Beach Police Annex Building project.

FISCAL IMPACT:

The fiscal impact of adopting the attached resolution is $161,067. The FY 2023 budget includes $750,000, of which $500,000 is supported by the Parking Enterprise Fund and $250,000 is supported by the General Fund, to complete the improvement at the Pismo Beach Police Annex. Compared to the budget, this leaves a remaining budget surplus of $588,933.

Police Annex Building Budget $750,000
Rubio Medina, Architect contract $161,067
Remaining Budget $588,933
The remaining budget will be used for construction costs. The actual construction cost will not be known until the project has been advertised and bids are received for the project. Once the project has been bid, staff will return to Council at that time to award the project and request additional funds if needed.

ALTERNATIVES:

1. Do not authorize the contract; provide staff with direction on how to proceed.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Rubio Medina, Architect Cost Proposal

2. Rubio Medina, Architect Vendor Agreement
Prepared by: Meeting Date: September 6, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

12.B-2Council Agenda 9-6-2022

RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A

PROFESSIONAL SERVICES AGREEMENT WITH RUBIO MEDINA, ARCHITECT IN THE AMOUNT OF $161,067 FOR ARCHITECTURAL DESIGN SERVICES FOR THE

PISMO BEACH POLICE ANNEX BUILDING PROJECT
WHEREAS, the Pismo Beach Police Annex building is located at 585 Dolliver Street and currently serves as both the Visitor’s Information Center (VIC) and the Downtown Parking Annex; and
WHEREAS, the Pismo Beach Police Annex Building project consists of tenant improvements to make the building functional as a downtown location for both the Police Department and Parking Division; and
WHEREAS, the Fiscal Year 2023 budget includes a project to complete these tenant improvements to the building and construct a garage on the property; and WHEREAS, staff issued a Request for Proposals (RFP) for architectural design services for the Pismo Beach Police Annex Building project; and
WHEREAS, six proposals were received and evaluated by a review panel of City staff and Rubio Medina, Architect was selected to perform the work; and WHEREAS, the FY 2023 budget includes $750,000, of which $500,000 is supported by the Parking Enterprise Fund and $250,000 is supported by the General Fund, to complete the improvement at the Pismo Beach Police Annex.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement with Rubio Medina, Architect (scope provided as Exhibit A) in the amount of $161,067 for architectural design services for the Pismo Beach Police Annex Building project in fiscal year 2023.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 6th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

12.B-3Council Agenda 9-6-2022
Attachment 1

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

12.B-4Council Agenda 9-6-2022
Attachment 1

TASK A.1:PROJECT ORIENTATION Task A.1 Subtotal:$3,600
Rubio Medina, Architect Architect of Record 24 $3,600
$0
TASK A.2:GEOTECHNICAL REPORT Task A.2 Subtotal:$10,390
Rubio Medina, Architect Architect of Record 4 $600
Geosolutions Geotechnical Engineering Consultant $9,790 TASK A.3 SEISMIC EVALUATION Task A.3 Subtotal:$18,200
Rubio Medina, Architect Architect of Record 4 $600
Dale Christian, Structural Engineer Structural Engineering Consultant $17,600 TASK A.4:CONCEPTUAL DESIGN Task A.4 Subtotal:$22,649
Rubio Medina, Architect Architect of Record 55 $8,250
Dale Christian, Structural Engineer Structural Engineering Consultant $1,452 BMA Mechanical Engineering Consultant $3,542
Thoma Electric Electrical Engineering Consultant $3,135 Insight Environmental Hazardous Materials Consultant $1,650 Leland Saylor Cost Consultant $4,620
TASK A.5:CONSTRUCTION DOCUMENTS Task A.5 Subtotal:$58,846 Rubio Medina, Architect Architect of Record 100 $15,000 Collings and Associates Fire Line Consultant $9,350
Dale Christian, Structural Engineer Structural Engineering Consultant $4,400 BMA Mechanical Engineering Consultant $3,751
Thoma Electric Electrical Engineering Consultant $4,345 Leland Saylor Cost Consultant $5,500
Collings and Associates Fire Protection Consultant $16,500 TASK A.6:BIDDING/CONSTRUCTION ADMINISTRATION Task A.6 Subtotal:$33,432 Rubio Medina, Architect Architect of Record 134 $20,100 Dale Christian, Structural Engineer Structural Engineering Consultant $3,762 BMA Mechanical Engineering Consultant $2,200
Thoma Electric Electrical Engineering Consultant $3,850 Collings and Associates Fire Protection Consultant $3,520 TASK A.7:RECORD DRAWINGS Task A.7 Subtotal:$7,950
Rubio Medina, Architect Architect of Record 20 $3,000
Dale Christian, Structural Engineer Structural Engineering Consultant $1,650 BMA Mechanical Engineering Consultant $1,650
Thoma Electric Electrical Engineering Consultant $1,650 585 Dolliver Street Subtotal:$155,067
*Reimbursable:

GRAND TOTAL:
*Reimbursable expenses incurred by Rubio Medina, Architect, or any subconsultant it may hire to perform services for this project, are reimbursed by the client at actual cost plus 10% to cover its overhead and administrative expenses. Reimbursable expenses include, but are not limited to reproduction costs, postage, shipping and handling of drawings and documents, long distance communications, fees paid to authorities having jurisdiction over the project, the expense of any additional insurance requested by client in excess of that normally carried by the Architect or its subconsultants, travel expenses (transportation/automobile/lodging/meals), renderings, and models. Reimbursable automobile travel mileage will be billed at the current IRS business standard mileage rate.
585 DOLLIVER STREET PROPOSED FEE
$161,067
$6,000

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Attachment 1A

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Vendor Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES

This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Rubio Medina, Architect (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:

Architectural Design Services for the Pismo Beach Police Annex Building

VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR

VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. CITY’s City Manager may approve additional work not to exceed thirty thousand dollars ($30,000.00). Any additional work in excess of this amount shall be approved by the City Council. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.

II. TERM

Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through 6/30/2023. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.

III. COMPENSATION

A. VENDOR’s Fee

For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of one hundred sixty-one thousand sixty-seven dollars ($161,067), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.

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B. Schedule of Payment

VENDOR will submit invoices monthly for actual services performed and associated expenses.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.

IV. TERMINATION OF AGREEMENT

A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.

V. FORCE MAJEURE

If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.

VI. RETENTION OF FUNDS

VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.

VII. CITY REPRESENTATIVE

The Senior Engineer is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by

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CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.

VIII. VENDOR REPRESENTATIVE(S)

The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.

IX. INDEPENDENT CONTRACTOR

VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

X. BUSINESS LICENSE

VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

XI. OTHER LICENSES AND PERMITS

VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.

XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS

A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.

B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or

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printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.

C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.

XIII. INDEMNIFICATION

A. Non-design, non-construction Professional Services:

To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

B. Non-design, construction Professional Services:

To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

C. Design Professional Services:

In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers,

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employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.

D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.

XV. INSURANCE

A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.

1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned,

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hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.

4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.

B. Other provisions or requirements:

1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.

2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.

3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is 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 VENDOR or CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.

5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an

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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.

8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

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12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.

14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.

15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

17. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Scope of Services.

XVI. SUBCONTRACTORS

Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;

B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and

C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.

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Attachment 2

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XVII. CONFLICT OF INTEREST

No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.

No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

XVIII. NOTICE

All notices, requests, demands, or other communications under this AGREEMENT will be in writing.

Notice will be sufficiently given for all purposes as follows:

A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.

D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.

E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non- business day.

Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.

F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.

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XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING

This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.

The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.

XX. INTERPRETATION

The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.

XXI. SEVERABILITY

If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.

XXII. TIME OF ESSENCE

Time is of the essence in the performance of this AGREEMENT.

XXIII. GOVERNING LAW; JURISDICTION

This AGREEMENT will be administered and interpreted under the laws of the State of California.

Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.

XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS

VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.

XXV. WAIVER OF BREACH

No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.

XXVI. ATTORNEY’S FEES

Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party

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will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

XXVII. EXHIBITS

All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.

In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.

XXVIII. VENDOR’S AUTHORITY TO EXECUTE

The persons executing this AGREEMENT on behalf of the VENDOR warrant that:

A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.

XXIX. INTEGRATION; AMENDMENT

This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.

Signatures begin on next page.

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Vendor Agreement (Rev. 2/2/2018)
CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Benjamin A. Fine, P.E.

Title: Director of Public Works/City Engineer
Dated: ________________________________

Signed:

Name: James R. Lewis
Title: City Manager
Dated: ________________________________

Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449

ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed:

Name: David M. Fleishman
Title: City Attorney
VENDOR:

Rubio Medina, Architect

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________

Address for giving notice (See Section XVIII):
______________________________________
______________________________________

Email address for official communications:
______________________________________

Vendor Representative (See Section VIII):

Name/Title: ____________________________

Attachments:

Exhibit A: Scope of Service
Exhibit B: Compensation Schedule

12.B-11Council Agenda 9-6-2022
Attachment 2

SCOPE OF WORK
Rubio Medina, Architect Architectural Services for the Pismo Beach Police Annex Building: 1 585 DOLLIVER STREET
Task A.1: Project Orientation
Project Orientation: A project orientation kick-off meeting will be held with appropriate stakeholders for the Police Annex Building renovations including, but not limited to, City management team, police personnel, stakeholders, building, and planning representatives to discuss goals of the project, project protocol, lines of communications, sustainability goals, and expectations of the renovation work.

Project Schedule: The Architect will refine the conceptual project schedule for review and input from the attendants of the Project Orientation.

Background Drawings: The Architect will conduct a field review of existing conditions to establish criteria for developing background drawings. The Architect and subconsultant team will prepare background drawings based on readily seeable and accessible areas of the existing facilities and will not conduct any destructive review for conditions that are not seen.

Deliverables: Meeting minutes, updated project schedule, architectural site plan and floor plan
Task A.2: Geotechnical Investigation and Report
The Architect’s geotechnical consultant will mobilize on site to conduct exploratory borings to determine soil characteristics and suitability for the garage structure at Dolliver Street only. The geotechnical consultant will prepare the findings and issue a report of soils conditions, recommendations for footings, seismic factors, slabs on grade, concrete paving sections, and other related items for use during design.

Deliverables: Geotechnical Report
Task A.3: Seismic Evaluation
The Architect’s structural engineer will conduct a limited evaluation of the existing facility utilizing standard form ASCE 41-13, Tiers 1 and 2, to determine structural capabilities.

The review will be limited to non-destructive analysis, current as-built drawings, and a brief field review.

Deliverables: Standard Form ASCE 41-13 Documentation
Task A.4: Schematic Design
Schematic Floor Plan: With the programmatic study complete, the Architect will prepare conceptual design for the renovation of the 585 Dolliver Street facility and the proposed new garage indicating placement of rooms, workflow, restrooms, and public interaction. During a working meeting with police department personnel, the Architect will receive comments and prepare a final conceptual floor plan.

City Council Presentation: The Architect will attend and assist the City in presenting the conceptual design at up to two City Council meetings to gather feedback and comments from City Council and the public. The Architect will prepare exhibits for presentation purposes and to describe the project.

Consultant Schematic Design: The Architect’s consultant team will prepare conceptual level engineering plans indicating major sizes of proposed systems including ducts, plumbing lines, major electrical items, and major structural elements.

Hazardous Material Inspection: The Architect’s hazardous material consultant will collect samples from up to ten areas at the existing facility for use in testing for lead or asbestos materials contained within the selected areas. ([KLELW$

SCOPE OF WORK
2 : Architectural Services for the Pismo Beach Police Annex Building Rubio Medina, Architect Opinion of Probable Construction Cost: An opinion of probable construction cost in CSI format will be completed at the completion of the conceptual schematic design for review and comments by City and Police Department personnel.

Deliverables: Meeting minutes, bi-weekly progress reports, architectural site plan, floor plan, elevations, SD level consultant drawings (mechanical, electrical, plumbing, structural), Hazardous Materials Report, SD level opinion of probable construction costs, color and materials board, colored site, floor plan, and elevation exhibits.

Task A.5: Construction Documents
Construction Documents: The Design Team will prepare Construction Documents for use in submitting to the City of Pismo Beach Building Department for review and permitting. The project will be designed using the 2019 CBC as amended by the City of Pismo Beach, and other applicable and current local codes including the CalGreen Checklist for Sustainable Design. The Construction Documents will include plans, specifications, and calculations. Submittals are anticipated at 90% only. It is assumed the renovation, or the garage facility will not need to meet design criteria of the Essential Services Act.

Sprinkler Design: The Architect’s sprinkler design consultant will prepare drawings and specification for use in submitting to the Pismo Beach Building Department for review, processing and permitting.

Equipment Cut Sheets: The Design Team will present product cut sheets for proposed equipment for review by the city maintenance department for verification of systems to be specified. The Design Team will make revisions to equipment based on comments from the maintenance department and incorporate into the final design.

Project Manual: The Design Team will prepare the project manual which will include the technical specifications for all proposed systems, finishes, materials, and equipment to be installed. The Architect will coordinate with the City in preparing Division 1 specifications, sustainability requirements, general conditions, and bid information.

Building Department Submittal and Permit Issuance: At the completion of the 90% construction document phase, the plans will be submitted to the City of Pismo Beach Building Department for review of code issues. The Design Team will respond to review plan check items and resubmit for building department issuance. The plans incorporating these items will be considered the Bid Set.

It is anticipated that the Design Team will respond to plan check comments generated out of first plan check comments only. Any additional comments not originally contained in first plan check comments will be picked up on an hourly basis.

Opinion of Probable Construction Cost: An opinion of probable construction cost in CSI format will be completed based on 90% construction documents. The opinion of cost will be reviewed with the City Project Team and verified with the overall project budget. Value engineering items will be discussed if necessary to bring the project back within budget limits.

Deliverables: Meeting minutes, bi-weekly progress reports, permit ready architectural, structural, mechanical, electrical, and plumbing drawings, project manual, calculations, 90% CD level opinion of probable construction costs, fixture cut sheets.

12.B-12Council Agenda 9-6-2022
Attachment 2

SCOPE OF WORK
Rubio Medina, Architect Architectural Services for the Pismo Beach Police Annex Building: 3 Task A.6: Bidding Assistance/ Construction Administration Bidding Assistance: During the bidding phase the Design Team will assist the City in preparing bid documents for use in distributing to prospective general contractors. The Architect will attend a pre-bid meeting at the site and assist the City in presenting and explaining the work. The Design Team will respond to contractor request for information, review proposed product substitutions, and prepare addenda for distribution.

Construction Administration: The Architect will establish a means to respond quickly to the contractor’s requests for information. Scope is based on an eight-month construction schedule. Services include:
Periodic review by the Architect to review for general conformance to the Construction Documents (up to 12 total)
Periodic review by the sub consultant team during key points in development of the remodel
Review of contractor application for payment
Final pay application recommendations
Final walk-through and punch-list; establishment of Date of Substantial Completion (total of two meetings)
Submittal/ Shop Drawing review
Product substitution review
Responses for contractor clarifications/ field questions/ requests for information Preparation of change orders/ architects’ supplemental instructions as required Review of contractor submitted operations manuals and as-built documents Task A.7: Record Drawings
The Design Team will prepare Record Drawings based off the selected general contractors field record drawing set. The Design Team will incorporate the changes indicated by the field set into the electronic files and provide copies to the City.

Deliverables: Record Drawings
Exclusions
The following
services are
excluded from
our scope and
fee:
Archeological observation during geotechnical investigations or other earthwork activities
Hazardous materials abatement (performance specification included) Destructive investigation of existing conditions
Independent investigation of accuracy of supplied information from Owner Permit/ plan check/ agency fees
Construction staking and surveying
Security systems design (coordination of backbone included such as conduits, pull strings, j-boxes, etc)
Optional CalGreen Tier design (mandatory measures included) LEED Certification
Photovoltaic design
Structural retrofit of the existing facility
Upgrade of plumbing, electrical, or mechanical systems (replacement of HVAC units at Dolliver Street included)
Topographical survey and Civil engineering
TASK A.1:PROJECT ORIENTATION Task A.1 Subtotal:$3,600
Rubio Medina, Architect Architect of Record 24 $3,600
$0
TASK A.2:GEOTECHNICAL REPORT Task A.2 Subtotal:$10,390
Rubio Medina, Architect Architect of Record 4 $600
Geosolutions Geotechnical Engineering Consultant $9,790 TASK A.3 SEISMIC EVALUATION Task A.3 Subtotal:$18,200
Rubio Medina, Architect Architect of Record 4 $600
Dale Christian, Structural Engineer Structural Engineering Consultant $17,600 TASK A.4:CONCEPTUAL DESIGN Task A.4 Subtotal:$22,649
Rubio Medina, Architect Architect of Record 55 $8,250
Dale Christian, Structural Engineer Structural Engineering Consultant $1,452 BMA Mechanical Engineering Consultant $3,542
Thoma Electric Electrical Engineering Consultant $3,135 Insight Environmental Hazardous Materials Consultant $1,650 Leland Saylor Cost Consultant $4,620
TASK A.5:CONSTRUCTION DOCUMENTS Task A.5 Subtotal:$58,846 Rubio Medina, Architect Architect of Record 100 $15,000 Collings and Associates Fire Line Consultant $9,350
Dale Christian, Structural Engineer Structural Engineering Consultant $4,400 BMA Mechanical Engineering Consultant $3,751
Thoma Electric Electrical Engineering Consultant $4,345 Leland Saylor Cost Consultant $5,500
Collings and Associates Fire Protection Consultant $16,500 TASK A.6:BIDDING/CONSTRUCTION ADMINISTRATION Task A.6 Subtotal:$33,432 Rubio Medina, Architect Architect of Record 134 $20,100 Dale Christian, Structural Engineer Structural Engineering Consultant $3,762 BMA Mechanical Engineering Consultant $2,200
Thoma Electric Electrical Engineering Consultant $3,850 Collings and Associates Fire Protection Consultant $3,520 TASK A.7:RECORD DRAWINGS Task A.7 Subtotal:$7,950
Rubio Medina, Architect Architect of Record 20 $3,000
Dale Christian, Structural Engineer Structural Engineering Consultant $1,650 BMA Mechanical Engineering Consultant $1,650
Thoma Electric Electrical Engineering Consultant $1,650 585 Dolliver Street Subtotal:$155,067
*Reimbursable:

12.B-13Council Agenda 9-6-2022
Attachment 2

Pismo Beach City CouncilSeptember 6, 2022

Pismo Beach City Council
September 6, 2022