City of Pomona
Request For Proposals
Bridging Architectural Design Services for Downtown Parking Structure RFP No: 2024-14
Schedule of Events:
Post RFP
March 25, 2024
Pre-Bid Conference
April 23, 2024 at 10:00 A.M.
Questions Due Date
April 30, 2024 before 3:00 P.M.
Proposal Due Date
May 21, 2024 before 3:00 P.M.
The City reserves the right to change the Schedule of Events without prior notice or responsibility to Proposer. It is the Proposer’s sole responsibility to check the City’s website on a consistent basis for changes.
It is the proposer’s sole responsibly to insure their proposal is received on time.
Proposals must be received electronically via PlanetBids Late submittals will be rejected regardless of circumstance. **DO NOT REGISTER FOR THIS SOLICITATION THROUGH A THIRD PARTY** TO PARTICIPATE IN THIS REQUEST FOR PROPOSAL, access the City of Pomona’s PlanetBids Vendor Portal:
Click on https://www.planetbids.com/portal/portal.cfm?FirmID=24662.
Create an account on PlanetBids or log in with your existing account.
View all posted documentation.
IF YOU FAIL TO REGISTER WITH PLANETBIDS PRIOR TO SUBMITTING A RESPONSE, THE CITY RESERVES THE RIGHT TO IMMEDIATELY REJECT THE RESPONSE YOU SUBMIT IN REFERENCE TO THIS SOLICITATION.
Table of Contents
1. INTRODUCTION 2
2. Objective 3
3. ABOUT THE cITY 3
4. scope of services 3
5. SUBMITTAL INSTRUCTIONS 3
6. PROPOSAL CONTENT REQUIREMENTS 5
7. EVALUATION PROCEDURES 9
8. GENERAL INSTRUCTIONS AND REQUIREMENTS 11
9. Protests and Appeal Process 14
Required Forms 15
10. Acknowledgement and Signature of Authorization 16
11. City of Pomona Minority Business Questionnaire 17
12. City of Pomona Statement of Non-Collusion By Contractor 18
13. City of Pomona Agreement for Indemnification by Contractor and Acceptance and Acknowledgment of Procurement Practices of The City of Pomona 20 ATTACHMENT A: sample AGREEMENT FOR CONTRACTOR SERVICES 22
INTRODUCTION
The City of Pomona requests the submission of a response to this Request for Proposal from qualified firms, partnerships, corporations, associations, or professional organizations licensed in California to provide Architectural and Engineering Services for Bridging Documents for a new parking structure in the downtown area located at 240 West 1st Street, Pomona, Ca 91766, also referred herein as “Lot 10 Parking Structure,” or “Project”. The City intends to present the award of this project in the summer of 2024.
Objective
The objective of this project is Construct a state of the art concrete parking structure maximizing the total number of parking stalls while maintaining the stated budget. The desired number of spaces is 550 +/-. Construction to include, but not limited to, demolition of existing site conditions, underground utilities and infrastructure, construction of an at grade pay for parking structure, including incorporating an alternative option for future office and/or retail space on a portion of the ground level. The parking structure will encompass necessary security and technology to properly manage the volume of traffic and the safety of its patrons. Overall aesthetics shall capture the modality and characteristics of the downtown plaza area.
ABOUT THE cITY
Incorporated in 1888, Pomona is one of the largest cities in Los Angeles County, encompassing 22.8 square miles, between the Inland Empire and the San Gabriel Valley, and approximately 30 miles east of the Los Angeles Civic Center. Pomona has a population of approximately 169,000. Pomona is a Charter City administered under the Council-City Manager form of local government. The City currently employs approximately 530 full time employees as well as approximately an additional 160 part time employees. Pomona is a full service City with the exception of Fire Services, which is currently contracted through the County of Los Angeles. Additional information about the City of Pomona is available at www.pomonaca.gov. scope of services
The purpose of this Request for Proposals is to select an Architectural/Engineering team (“Consultant Team”) to provide Bridging Designs Services for the new Lot 10 Parking Structure. In collaboration with the City of Pomona and Program Management Firm currently under contract, the selected Consultant Team shall develop a design criteria for the project and prepares a design package consisting of 35% of the design documentation for the entire project as necessary to obtain Design/Build Proposals through a public agency procurement process. The design criteria package acts as “Bridging” Documents between initial project concept and the design-build phase. The Consultant’s Team shall support the City and Program Management Firm through the procurement phase and provide review of the Design/Builder’s design documents for conformance with the City’s program as expressed in the Bridging Documents.
The overall budgeted cost for the construction project including all preliminary due diligence, design, plan check, permitting, inspection, and related soft costs which may not be listed is $13,200,000.00 (“Proposal Price”).
The Project will serve the surrounding downtown commercial area with a variety of existing and soon to be developed uses such as entertainment, retail, restaurant, art galleries and general commercial uses typical of a pedestrian friendly downtown environment.
Prospective Consultant Teams submitting a proposal must demonstrate through experience and qualifications their knowledge and capacity for implementing Urban Design elements into the practical functionality and visual aspects of the Project.
The Consultant Team shall assist the City and Program Manager with the following phases:
BASIC SCOPE OF SERVICES
Phase 1: Project Initiation
Phase 2: Program Development
Phase 3: Conceptual/Schematic Design
Phase 4: Bridging Documents / Performance Specifications Phase 5: Design/Build Team Selection RFP Process
Phase 6: Construction Documents Review/Design Intent Review Phase 7: Design/Build Construction Administration
PHASE 1: PROJECT INITIATION: Work with the City and its Program Manager to establish overall Project schedule, budget, and work plan; review City planning to date for Project site and applicable City Standards and Building Development Requirements, including the Downtown Specific Plan; identify the City’s goals, objectives, and expectations through interviews, data collection, etc. Review City site surveys, geotechnical report, topographical surveys, site utility information as well as environmental surveys.
PHASE 2: PROGRAM DEVELOPMENT: Work in collaboration with the City and Program Manager to document special requirements for use in preparation of Bridging Documents as well as guide and govern potential changes by the Design/Build team chosen through the public procurement process, develop questionnaires and agendas for specific meetings, and coordinate with Program Manager Perform preliminary Code/Regulatory Agency review(s), prepare and set sustainability goals, project analysis and checklist for site, structure, and interior documentation for the Project.
PHASE 3: CONCEPTUAL / SCHEMATIC DESIGN: Develop and define two (2) schematic design options for the City’s review keeping in mind the location and proposed usage of the facility as a parking structure for public access and use. The Consultant Team’s design shall consider the following: accommodating patrons in the Downtown area; retail uses, which typically have high turnover and require more ways of finding vehicles; office and business with a low turnover rate (typically entering and exiting two times a day) and Arts and Entertainment which can have a high impact primarily in the evenings, weekends, and holidays.
Prospective Consultant Teams shall submit Architectural/Engineering Bridging Service proposals for a state-of-the-art concrete parking facility with street/plaza elements on the adjacent Shawn Diamond Plaza and Main Street (see Downtown Pomona Specific Plan, Chapter 8 Section 5. Parking Facilities Design Guidelines). The Shawn Diamond Plaza is an actively used public/civic space and extra architectural details/art and consideration shall be located on the parking structure area adjacent to the Plaza. The parking structure shall have design features such as aesthetic finishes, and a roof skyline contextually reflective of the buildings in Downtown Pomona, with the Downtown Specific Plan, and surrounding areas. The street/plaza design of the parking structure complex should attempt to mimic the real street environment, blend with the urban streetscape to create an authentic feel; planters, clearly visible well lighted stairs, concrete areas and other features that can be used, should all be considered as the plan is developed. An area on the structure at Shaun Diamond Plaza should be incorporated for a significant piece of artwork; the work of art is not part of this RFP or contract, but the space allocation, foundation, backing, etc., must be included as part of the schematic design. The space for such work should be aesthetically appropriate given the massing and location of the structure regarding the location of the structure to Shaun Diamond Plaza and the visual corridor from the structure along Thomas Street continuing to City Hall to the south.
The selected Schematic Design shall incorporate all appropriate Project requirements for the Lot 10 Parking Structure including but not limited to the following:
BRIDGING/SCHEMATIC DESIGN CRITERIA FOR LOT 10 PARKING
Sustainable Design & Accreditation MEP: Energy budge values Site Constraints Design Concept
Circulation and Ramping One-way vs. Two-way Traffic Access Design (Pedestrian/Vehicle) Parking Layout and Geometrics Parking layout efficiency Pedestrian Requirements
Accessible Parking Requirements Car Charging Requirements Safety and Security Lighting
Narrative for signage and wayfinding Drainage
Open or Enclosed Parking Structure Structural Systems Durability Design Data / Network Systems
Sustainable Operations & Management Performance Specifications MEP: Define basic systems, design parameters Fire Alarm /Fire life safety Preliminary door, finish schedules Artwork Infrastructure Traffic flow Study Digital Signage
Infrastructure for Pay for Parking
Equipment and Management System
Infrastructure for Future Roof Top PV
BRIDGING/SCHEMATIC DESIGN SITE CRITERIA
Civil /Site design Grading
Drainage Utilities
SUSUMP Engineering Concepts
Narrative for Exterior way finding requirements
Landscape: Conceptual landscape and irrigation design
ALTERNATE 1
Proposals shall also include an alternate (“Alternate 1”) for providing office and retail space on the ground level of the structure in lieu of parking stalls located along the Southern portion of the structure from Main Street to Shawn Diamond Plaza. Such alternative proposal shall identify the total number of parking spaces reduced, if any, from the desired 550+ spaces in primary design.
BRIDGING/SCHEMATIC DESIGN (ALTERNATE 1) CRITERIA
Commercial / Retail Space (maximum of 4,000 sf)
Note: First level Commercial/ retail space will increase first level floor-to-floor heights and may be necessary to adjust the structures ramping scheme.
Assemble Schematic Design level documentation package for City’s review including Performance Specifications enough to describe: Project size, functional priorities, aesthetics, finishes, materials, colors, time critical construction completion requirements, sustainable features, cost effectiveness, levels of quality desired, security, data/networking, communication, and technology systems.
PHASE 4: BRIDGING DOCUMENTS:
Refine Phase 3 documents to create Bridging
Documents suitable for the City to obtain Design/Build proposals through a public agency procurement process. Documents need to allow latitude for the Awarded Design/Build team to find ways to save time and money, but should clearly state requirements that are essential to the owner. Bridging documents shall describe the design intent for prospective Design/Build teams; confirm project will meet City budgetary and programmatic goals; complete final code check of approved Schematic Design; develop and produce final Bridging Documents that include summary of the work, technical requirements, plans, project constraints, reference materials, contractual requirements, performance specifications, design narratives for each discipline, describing functional properties, quality levels, aesthetic requirements, design criteria, basic design loads, and requirements to meet applicable building codes; exterior/interior finish materials and color selections. Phase 4 includes the preparation of two (2) presentation boards for the City and Program Manager’s review. Completed Bridging documents and Schematic Design will be used by the City to process CEQA review, all Phase 4 Bridging Documents shall be delivered as digital/electronic files, drawings, and specifications to the City and Program Manager. The Bridging Documents must include:
Programmatic needs, interior space requirements, intended space utilization, and other capacity requirements; Physical characteristics of the site such as a topographic survey; Material quality standards or performance criteria;
Special material requirements;
Provisions for utilities;
Parking requirements;
Type, size, and location of adjacent structures;
Preliminary or conceptual drawings and specifications in sufficient detail to enable design-build teams to submit responsive bids; PHASE 5: DESIGN / BUILD TEAM SELECTION RFP PROCESS:
Assist the City and Program Manager in selecting the most qualified Design/Build team that submits a proposal in response to issued stepped or progressive delivery method commonly known as Progressive Design Build (PDB) approach, review of and comment on the PDB RFP issued by City. Assist in developing best value criteria and scoring criteria for the PDB RFP, attend pre-bid conference with City, attend one-half day work sessions with each bidder (limited to 2 meetings).
In collaboration with City and Program Manager, respond to requests for design clarification and/or modifications in response to the PDB RFP; consult with City and Program Manager concerning the determination of acceptability of proposed substitute materials and systems proposed by the selected Design/Build team; consult with the City and Program Manager concerning the determination of acceptability of Design/Build team changes in design and approach; submit clarifications as appropriate; assist in evaluation of submitted proposals in response to RFP; review bids in response to RFP versus the weighted factors and develop a Bridging Design team response for review and approval by the City and Program Manager; respond to questions of the selected Design/Build team as appropriate.
Following the City’s selection of the most qualified PDB team, the Consultant Team is expected to assist the City in the Preliminary Construction Services phase (Phase 1) of the PDB delivery method to confirm the project’s basis of design, and programming requirements to the point where the City is satisfied with the Preliminary Constructions Services phase prior to advancing to the next phase (Phase 2) where the PDB contractor can negotiate a fixed price or Guaranteed Maximum Price (GMP) for completion of the final design, construction, and commissioning of the project.
PHASE 6: CONSTRUCTION DOCUMENTS / DESIGN CRITERIA REVIEW:
Assist City/Program Manager in reviewing selected Design/Build teams’ design and construction documents to confirm compliance with Bridging Documents design criteria. During the design phase, attend bi-weekly meetings with the Design/Builder’s architect and engineers on a discipline basis for over -the-shoulder reviews. Review and comment on scope sheets prepared by the Design/Build-Entity for solicitation of various trade bid packages. Act as liaison between City, authorities with jurisdiction, the Design/Builder’s architects and engineers to assure compliance with design criteria. Meet weekly with the City/Program Manager to report findings, review comments and address any issues that may arise. Review Design/Builder team’s 50% and 100% design submittals and make recommendations as appropriate. Provide peer review of Design/Builder’s MEP and special systems design and calculations. Review of and respond to RFI’s relative to Design criteria.
PHASE 7: DESIGN/BUILD CONSTRUCTION ADMINISTRATION: As requested by the City or Program Manager, the Consultant Team to be available to respond to questions regarding design intent, review and comment upon shop drawings, substitution requests, and other submittals for conformance to the requirements of the Bridging Documents. Provide Substantial/Final Completion assistance and post-occupancy reviews.
SUBMITTAL INSTRUCTIONS
REGISTRATION
To participate in this RFP, interested parties must be registered as a “Prospective Proposer” within the City’s online bid system, PlanetBids. Registration can be accomplished by visiting the City’s website at www.pomonaca.gov, click on “Business”; “Requests for Bids and Proposals”; then, click on “Bid Opportunities” to access the City of Pomona’s PlanetBids Vendor Portal.
DO NOT REGISTER FOR THIS SOLICITATION THROUGH A THIRD PARTY OTHER THAN PLANETBIDS. PROPOSERS MUST BE LISTED ON THE CITY OF POMONA'S "PROSPECTIVE BIDDERS LIST" ON PLANETBIDS IN ORDER TO PARTICIPATE IN THIS RFP. IF YOU FAIL TO REGISTER WITH PLANETBIDS PRIOR TO SUBMITTING A RESPONSE, THE CITY RESERVES THE RIGHT TO IMMEDIATELY REJECT ANY RESPONSE YOU SUBMIT IN REFERENCE TO THIS SOLICITATION.
QUESTIONS AND ADDENDA
1. Proposer must examine all documents and any addenda posted to PlanetBids, and seek clarification of any ambiguity, conflict, omission or error. If an answer materially affects the solicitation, the information will be incorporated into an addendum and distributed to all registered Prospective Proposers via PlanetBids.
2. All questions related to this solicitation must be submitted through PlanetBids prior to the due date and time for questions published in the “Schedule of Events”.
3. For general inquiries or instructions on how to submit a question through PlanetBids, please contact the Planet Bids BidsOnline system team as shown below (M-F from 8 a.m. to 5 p.m.): [email protected] or call 818-992-1771, ext. 0.
4. Addenda notices will only be emailed to Proposers that have registered as a Prospective Proposer through PlanetBids; no other means of contact will be made by the City. It is the Proposer’s responsibility to check PlanetBids to determine if any addenda have been posted prior to the due date and time, and acknowledge the addenda within PlanetBids.
5. Proposers that fail to acknowledge all posted addenda may be deemed non-responsive and cause for rejection.
6. Per Section 2-971(2) of the Pomona City Code, any unauthorized contact by the Proposer during the Proposal process with an official or city employee, other than those shown on the RFP, the Finance Director or Purchasing Manager shall cause the Proposer to be immediately disqualified from participating in the process.
C. SUBMITTAL FORMAT AND DELIVERY
The format and organization of the submittal shall be in accordance with instructions as specified throughout the RFP document. Specified forms included in the Required Forms section must be completed and signed by a company principal or officer. All completed forms must be returned with the response, and organized in the order in which they appear herein. The City reserves the right to reject submittals that do not follow the specified format, organization and do not have the specified required forms and/or attachments.
1. Submittals shall be submitted on 8-1/2” x 11” page size, with size 12 font, and Times New Roman or similar easy to read font style.
2. Pages must be numbered.
3. Proposals must be signed by any and all representatives legally authorized to contractually bind the Proposer. Proposals must be signed in longhand by the Proposer with his/her usual signature in the designated areas within the RFP documents.
4. DO NOT USE THE CITY’S SEAL OR LOGO. DOING SO IS IN VIOLATION OF THE CITY’S CODE AND MAY RESULT IN IMMEDIATE DISQUALIFICATION OF THE SUBMITTAL. Section 2-5(3)a of the Pomona City Code prohibits the use of the City’s Seal or Logo, or any reproduction thereof, for any purpose other than for official business of the city, its council, officers or departments.
Responses Packages to this RFP must be submitted electronically through the PlanetBids online bidding system which can be accessed at https://www.planetbids.com/portal/portal.cfm?CompanyID=24662 under “Bid Opportunities”. DO NOT SUBMIT A HARDCOPY RESPONSE, OR SUBMIT VIA E-MAIL. Proposals submitted by any other method such as hard copy or email will be disqualified. Select the project titled Interpretation and Translation Services (Invitation #2024-14) and follow the instructions for submittal. The completed and signed proposal (together with all required attachments) must be transmitted and received in the system no later than April 18, 2024 before 3:00 p.m. Pacific Time (PT).
Proposers should allow for sufficient time to upload and transmit all required information. Proposer is solely responsible to ensure its submission is transmitted prior to the due date and time. The City of Pomona will not accept submissions after the due date and time and is not responsible for any error in transmission including but not limited to power outage, internet connectivity, unauthorized access, etc. Large files may take time to upload, plan the timing of your submittal accordingly. Technical Support - In the event you encounter technical difficulties during the uploading process, please contact the Planet Bids, BidsOnline system team as shown below (M-F from 8 a.m. to 5 p.m.): [email protected] or call 818-992-1771, ext. 0.
WITHDRAWAL OF SUBMITTAL - Submitted proposal may be withdrawn and resubmitted at any time prior to the due date and time.
Proposals will not be publicly opened. The names of all Proposers that have submitted a response will be posted on the City’s website within three days after opening the responses. Proposers are responsible for checking the City’s website for current updates and notices. The City’s website address is http://www.pomonaca.gov. To locate all posted documentation click on “Business”; “Requests for Bids and Proposals; “Bid Opportunities”; then, login to the City of Pomona’s PlanetBids Vendor Portal.
6. PROPOSAL CONTENT REQUIREMENTS
Proposal Document Files
The proposal submittal requires two (2) files. Use the naming convention as shown below. Do not exceed 20 characters; abbreviate your firm’s name if necessary. Do not use symbols such as “$/.%” as your file may not load correctly.
File 1 (A-I) Proposal: “Company Name”
File 2. (J) Pricing Proposal: “Price Company Name”
The following is provided for standardizing the preparation and submission of a Proposal. The intent is to assist proposers in the preparation of their submissions and to allow for a fair and effective evaluation of all proposals.
The submission of a proposal shall certify that the Proposer has full knowledge of the detailed requirements of the Scope of Services, quantity and quality of work to be performed and the conditions under which the work is to be performed.
All proposals must provide specific and succinct answers to all questions and requests for information. Please answer the questions in the format and order presented (submissions of individual resumes alone will not be considered responsive to any specific question).
FILE 1
Table of Contents – Provide a Table of Contents that outlines the contents of the submittal and corresponding page numbers. Dividers shall separate and identify the sections described below.
Cover Letter – Provide a cover letter that includes:
Letter of introduction on company letterhead, shall include the name, email address, and phone number of the contact person in response to this RFP. Letter shall not exceed one (1) page; letter shall demonstrate your firm’s familiarity with preparing Bridging Documents for similar or related projects.
Stipulation that the cost proposal will remain valid for a minimum period of 180 days.
Signature by an individual or individuals authorized to execute legal documents on behalf of the Consultant.
Required Forms – The Required Forms herein must be completed, signed by an authorized representative and included as part of the submittal. Failure to submit the required forms may deem the proposal as non-responsive:
Acknowledgement and Signature of Authorization
Minority Business Questionnaire
Statement of Non-Collusion by Contractor
Agreement for Indemnification and Acknowledgment of Procurement Practices Exceptions to RFP and General Contract Terms
If Proposer is a corporation, include a copy of the Respondent’s Board of Director’s resolution identifying the name(s) of personnel approved to bind the firm, with signatures, to any resulting agreement.
If Proposer is a corporation, provide the Articles of Incorporation or a Business Entity Detail from the Secretary of State website at https://businesssearch.sos.ca.gov.
References - Provide the following reference information:
Provide descriptions of no more than five (5) similar projects where your firm provided Architectural Bridging Document services to an owner for use in a Design/Build delivery method.
Provide descriptions of no more than (5) design projects that specifically involved incorporating urban design methodology within the design, while being conscience of budget constraints, to capture the feel, aesthetics, and purpose of the project’s usage within its location and surroundings.
For each agency, include:
Agency name;
Agency contact information (name, title, phone number, and email address); Term of the contract that services are currently, or were, provided; Services performed; and
Dollar value of the contract.
Key Personnel –
Identify specific proposed staff/personnel your firm anticipates will be dedicated to this Project type using a “Project Team Matrix” format. For each of the personnel identified, also provide a brief (one page or less) summary indicating the individual’s education, experience, professional licenses and license numbers, and a description of the typical anticipated role(s) or responsibility(s) of that individual for the Architectural and Engineering Services for Bridging Documents services anticipated. A detailed resume including all the above information will be sufficient to satisfy this requirement.
Design Sub-consultant(s): Identify all proposed sub-consultants your firm anticipates will be part of the project team.
For each sub-consultant describe the anticipated scope of services, professional licenses and license numbers, qualifications, capabilities and experience of each firm. For each firm identify the key staff members which the sub-consultant is anticipated to propose any portion of the services to be provided.
For each identified key staff member of the sub-consultant, provide a brief (one page or less) summary indicating the individual’s education, experience, and a description of the typical anticipated role or responsibility of the individual relative to the A/E services anticipated.
Indicate if any specialty sub-consultants will be required whose scope of services does not fall within those covered by the City’s draft Agreement for Architectural/Engineering Services.
Qualifications and Experience – Include the following:
1. Statement of qualifications of Consultant.
2. Experience – Include:
a. Detailed description of similar projects successfully completed by the Consultant in the past five (5) years; b. Relevant experience illustrating the Consultant’s capabilities, which must include description of work performed at other public agencies, specifically managed by the proposed designated Project Manager for this City of Pomona Project; c. Include the name, telephone number, and email address of a contact person for each client who can verify the information provided; and d. Listing of current projects and percent complete.
3. A statement that consultant is independent and properly licensed to practice in California.
4. A statement that consultant has no scope conflict with regard to any other work performed by the consultant for the City.
Project Approach – Include:
Provide brief and specific examples of your firm’s creativity and ingenuity in solving technical, schedule, and budget related challenges on past projects. Emphasis on similar projects and project delivery approach preferred.
Describe your approach to providing design services. Describe the optimum level of collaboration between project team members and the roles each primary team member plays in a successful project.
Describe how your firm will understand and incorporate the needs and desires of the City’s vision of the project while maintaining the project budget and schedule.
Generally, describe your firm’s approach to address project budget control, maintainability/durability, as well as energy efficient standards and building operational costs.
Generally, describe how construction cost estimates will be utilized to manage project. Does proposer use in house or outside consultants for construction estimating services? Generally, describe the quality control process of the proposer and its sub-consultants to ensure that the design documents for the project conform to the program requirements established by the City and Program Manager to minimize the extent of errors and omissions within the design documents.
Describe your firm’s experience with Design / Build project delivery. Specifically list examples of services provided as the Bridging Architect or consultant.
Describe your firm’s experience with assembling Design/Build “Request For Qualifications/Proposal” documents. Specifically describe your approach to adequately defining systems to ensure the quality of the project while allowing for the flexibility and innovation needed by the Design/Build team.
Project Schedule – Include:
1. A proposed schedule and method of assuring that the time schedule is met in accordance with all applicable requirements, and include the completion of the key tasks in each phase;
2. Identify the name and title of who will be responsible for managing the time schedule and assuring schedule compliance; and
3. Provide a detailed resource allocation for each individual task indicating labor hours associated with each individual job classification.
FILE 2
Fees Proposal
1. Fees Proposal – In a separate file, submit the Fee Proposal.
2. Provide lump sum fee to provide the services outlined in this RFP and as further defined in the draft Bridging Architectural Agreement, Exhibit A-G.
3. Do not include fees within the body of the response.
4. NOTE: Fees proposal shall be valid for a minimum of 180 days after the published RFP due date.
7. EVALUATION PROCEDURES
Definitions
The following words, terms and phrases have the meanings ascribed to as follows:
1. Most qualified. The "most qualified proposer" will be determined by consideration of the factors as specified in the “Selection Criteria” section of this RFP.
2. Nonresponsive means an offer, submitted by a proposer, to furnish supplies, equipment or services that are not in conformity with the Scope of Services and/or specifications, delivery terms or conditions, or other requirements specified in the solicitation.
3. Nonresponsible is a proposer that provides a Proposal but fails to demonstrate their capacity (financial or otherwise) to provide the supplies, equipment or service as specified in the solicitation.
4. Responsible means a proposer who submits a responsive Proposal and who is not only financially responsible, but also possesses the resources, judgment, skill, ability, capacity and integrity requisite and necessary to perform the Agreement according to its terms.
5. Responsive means a Proposal, submitted by a responsible proposer, to furnish supplies, equipment or services in conformity with the Scope of Services and/or specifications.
Proposal Evaluation
Proposal Review and Evaluation
All submittals will be initially evaluated by Purchasing for completeness and quality of the content. Only those firms providing complete information as required will be considered for evaluation. The ability to follow the instructions in this RFP demonstrates attention to detail.
Proposal Forms are included as part of this RFP and are required to be completed by each Proposer in compliance with this RFP. Design-Build Teams submitting incomplete Proposal Forms may be deemed nonresponsive and their Proposals rejected in the sole discretion of the City.
An evaluation committee will be appointed to evaluate submitted proposals.
The committee will rank the proposals according to the Evaluation Criteria below and based on information submitted.
A short list of proposers may be selected for oral interviews if deem necessary.
If oral interviews are determined to be necessary, the initial scoring will be considered preliminary. Final scores, based on the same evaluation criteria, will determined following the interviews.
Negotiations will follow with the selected Proposer, and if successful, the proposer and City will enter into a design build contract for the work as described in Section 1 of this RFP.
Evaluation Criteria
Scoring Categories
Design/Build Bridging document preparation experience (25%) Urban Design Experience / Examples specific to Parking Structures (25%) Technical design and construction expertise (20%)
Project References specific to Bridging Document preparation (10%) Proposed Pricing (20%)
PRICE PROPOSAL Scoring Methodology:
As outlined above, there is one cost. The total cost will be used in the model below.
Assume the following cost proposals (examples only).
$50,000
$38,000
$49,000
Company B with a price of $38,000 is the low offer. Take the low offer and divide each of the other offers into the lower offer coming up with the mathematical calculation to get a percentage. This percentage is then multiplied by the number of points available for cost. In this case, 30 points are available for cost. $38,000 is then divided by each of the cost. The results are as follows:
$38,000 divided by $50,000 = .76
$38,000 divided by $38,000 = 1.00
$38,000 divided by $49,000 = .77
The next step is to take each company percentage and multiply it by the points available. The results are as follows:
.76*30=22.8
1.0*30=30
.77*30=23.1
or
Per City Code (Attachment A), all cost recovery shall be at 100% for the City. Therefore, proposers should be presenting their collection fee percentages to determine the scoring methodology.
As outlined above, there is one collection fee percentage. The total cost will be used in the model below.
Assume the following one collection fee percentage proposals (examples only). 30%
10%
20%
Each percentage is then multiplied by the estimated amount of unpaid liabilities totaling $13,900,673. $13,900,673 multiplied by 30% = $4,170,201.90
$13,900,673 multiplied by 10% = $1,390,067.30
$13,900,673 multiplied by 20% = $2,780,134.60
Company B with a percentage of 10% is the lowest percentage offer. Take the low offer expressed as an estimated collection fee value and divide each of the other offers into the lower offer coming up with the mathematical calculation to get a percentage. This percentage is then multiplied by the number of points available for cost. In this case, 30 points are available for cost. $1,390,067.30 is then divided by each of the cost. The results are as follows:
$1,390,067.30 divided by $4,170,201.90 = .33
$1,390,067.30 divided by $1,390,067.30 = 1.00
$1,390,067.30 divided by $2,780,134.60 = .50
The next step is to take each company percentage and multiply it by the points available. The results are as follows:
.33*30=10
1.0*30=30
.50*30=15
Selection Process and Award
1. Purchasing will review proposals received and determine responsiveness.
2. A committee of various representatives will evaluate and score responsive proposals in accordance with the evaluation criteria. The City may develop a shortlist of finalists that receive the highest scores within a competitive range. The City reserves the right at its sole discretion to determine the competitive range for the purpose of establishing a shortlist of finalists.
3. Price proposals submitted by finalists will be opened and evaluated for price reasonableness.
4. Finalists may be requested to submit written clarifications, participate in interviews, negotiations and submittal of a best and final offer.
5. In considering references, the City may seek information and references from projects and organizations that are not expressly listed on the proposals as a reference.
6. The City reserves the right to further negotiate price, scope and terms with the top ranked Proposer. If negotiations are not successful, the City may terminate negotiations with the top ranked Proposer and begin negotiations with the next ranked Proposer.
7. The Proposal determined to be the most qualified that offers a reasonable price will be deemed the finalist, and recommended for City Council award, if applicable.
8. It is the intent to make an award to one firm for all items although the City reserves the right to make multiple awards depending on the needs and best interests of the City. The City may accept or reject any or all proposals in whole or in parts and may waive informalities in the process. The contents of the proposal from the selected consultant will become the basis for a contractual obligation when the award is made.
9. Letter of Intent to Award to the finalist will be emailed only to Proposers that have registered as a Prospective Bidder in PlanetBids; no other means of contact will be made by the City. It is the Proposer’s sole responsibility to check PlanetBids to determine if any award notices have been posted.
10. The City reserves the right to terminate awarded agreements in the event of the Consultant’s failure to perform services in a manner satisfactory to the City. The Consultant’s performance deficiency may be established by a single incident, or by a pattern of incidents, as determined by the City.
8. GENERAL INSTRUCTIONS AND REQUIREMENTS
Additional Services – Pricing may also be requested for a variety of "additional services." Such additional services are not the same as the "routine" work provided daily. In the event the City requests any of the additional services for which pricing is requested, bidder agrees to accept such requests for service and honor the pricing submitted herein.
Applicable Laws – The laws of the State of California will govern the resulting Agreement. The applicable law for any legal dispute arising out of the Agreement shall be the law of the State of California. All services provided by the Proposer shall comply with all applicable federal, state, and local building, fire, safety, and electrical codes and all relevant industry standards.
C. Appropriation of Funds – If the term of this agreement extends into fiscal years subsequent to that in which it was approved, such continuation of the Agreement is subject to the appropriation of funds for such purpose by the City of Pomona City Council. If funds to effect such continued payment are not appropriated, the Bidder agrees to terminate any service supplied to the City under the Agreement.
Background Check – Extensive and thorough background checks may be mandatory for all employees prior to executing services.
Business License and Permits – The Contractor shall secure or maintain in force during the period covered by any Agreement resulting from this solicitation all licenses and permits required by law for the operation of their business, including a Pomona Business License when required.
F. Conflict of Interest – (Charter § 1204 & City Code § 2-971)
1. No officer or employee of the City of Pomona may contract with any person related to any officer or employee of the City by blood or marriage for materials, supplies, services and equipment unless the purchase is by competitive bid and the person so related submits the lowest responsible bid therein. No officer or principal of the supplier, nor any subcontractor may be employed or have been employed, either full or part time, by the City of Pomona either currently or within the last two years. An exception to this section may be granted by approval of the City Council. All successful construction or service bidders must sign and adhere to the City’s statement of non-collusion
2. Any unauthorized contact by the bidder during the bid or proposal process with an official or city employee, other than those shown on the RFP or bid, the Finance Director, or Purchasing Manager, shall cause the bidder to be immediately disqualified from consideration of award.
3. City employees and officials shall be prohibited from engaging in and/or awarding procurements when:
a. Having a financial or personal beneficial interest (directly or indirectly) in any contract or purchase order for materials, supplies, equipment, services, or projects furnished to the City. b. Using information available to officials and employees, solely because of their City position, for personal profit, gain or advantage. c. Directly or indirectly furnishing or withholding services or information not available to all prospective bidders, or who may reasonably be expected to bid on, a contract with the City. d. Using a position or status in the City to solicit (directly or indirectly) business of any kind; or to purchase products at special discounts or upon special concessions for personal private use from any person or Consultant who sells or solicits sales to the City. e. Serving the interest of any organization which transacts or attempts to transact business with the City for profit when such employee holds a City position of review or control over such business transactions.
Equal Employment Opportunity – The Proposer shall comply with all applicable state and federal laws addressing Equal Employment Opportunity.
Excluding Services – From time to time, the City may request certain services be excluded, and such requests will be submitted by the City’s official representative, confirmed in writing, and reflected accordingly on that month’s invoice.
Gratuities – Except for items that are clearly promotional in nature, mass produced, trivial in value and not intended to invoke any form of reciprocation, employees of the City of Pomona may not accept gratuities, entertainment, meals of anything of value whatsoever from current or potential suppliers. The offer of such gratuity to an employee of the City shall be cause for declaring such supplier to be an irresponsible bidder and will be prevented from responding as provided in Sections 2-970 of the City Code of the City of Pomona.
News/Press Releases – The bidder shall not issue news/press releases regarding this RFP without the prior written approval of the City of Pomona’s Finance Director. In addition, the Respondent shall not release any advertising copy mentioning the City of Pomona or quoting the opinion of any City employee without written approval by the City of Pomona’s Finance Director.
Public Information – Responses to this solicitation shall become public record and shall be available for the public’s inspection upon City Council award. The City treats submitted responses as public documents; therefore, proprietary or confidential information that is not intended for public review should not be included with the submittal. Bidder may provide an explanation of why the information was not included. If the City conducts interviews, the information can be presented at that time. The City reserves the right to retain all submittals, whether or not the submittal was selected or judged to be responsive.
Purchase Order Requirement – Purchases of the City are authorize only if a signed purchase order is issued in advance of performing services. The City will not be liable for payment for any service provided under the contract unless a valid purchase order has been issued to the contractor.
M. Reservation of Rights – The City reserves the right at its sole discretion to:
1. Reject responses received after the due date and time specified regardless of circumstance. The City will not return or open late submittals. Late submittals will remain on file and documented as “LATE”. It is the proposer’s sole responsibility to insure their response is received on time.
2. Cancel the entire solicitation, and re-advertise when, or if, determined to be in the City’s best interest.
3. Accept or reject any or all submittals, waive any minor errors, informalities and procedures without penalty to the extent permitted by law.
4. Be the final judge as to which RFPs are the most responsive and responsible.
5. Consider any submittal as a non-responsive and subject to rejection if:
a. not registered as a prospective bidder for this specific solicitation; b. received by telephone, email or facsimile;
c. it contains items or services not specified or are incorrect; d. it fails to specifically provide the information requested; and e. are otherwise not compliant with the instructions and requirements.
Single Proposal – In the event that only one response is received, the City will determine what is in the City’s best interest; therefore, reserves the right to: 1) cancel the RFP, return the unopened response to the Bidder, and re-advertise, or 2) accept the one response for consideration.
Submittal Preparation Expenses – The City shall not be responsible for any expense incurred by the bidder in the preparation and presentation of a submittal. Such expenses shall be borne exclusively by the bidder.
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The form of such Executive Order N-6-22 Certificate is included with the required forms and must be signed and dated under penalty of perjury.
FEDERAL CONTRACT PROVISIONS
Funds from the Coronavirus Local Fiscal Recovery Funds (“CLFRF”) will be used to fund all or a portion of this Contract. The Contractor shall comply with all federal requirements including, but not limited to, the following:
Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021, U.S. Department of the Treasury Coronarivrus Local Fiscal Recovery Fund Award Terms and Conditions, Treasury’s Final Rule, and CLFRF reporting requirements, as appilcable (collectively, the “CLFRF Compliance Requirements”). The CLFRF Compliance Requirements are expressly incorporated herein by reference. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.
Federal Contract Provisions attached hereto as Exhibit “A” and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the Contract, including but not limited to, CLFRF Compliance Requirements, 2 C.F.R. Part 200, and the Federal Contract Provisions.
With respect to any conflict between such federal requirements and the terms herein and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
9. Protests and Appeal Process
Section 2-990 of the City of Pomona ordinance defines the protest procedures as follows:
Right to Protest
Prior to making the award any responsible bidder in connection with the award of a contract may protest the award to the Procurement Officer. A subcontractor of a bidder or proposer may not submit a protest. The protest shall be submitted in writing within five (5) calendar days prior to the date of the award and shall identify and explain the factual and legal grounds for the protest. Any grounds not raised in the written protest are deemed waived by the protesting bidder. The Procurement Officer shall review the request and provide the protester with a written reply regarding the protest within three (3) days prior to the final award. Protest received after five (5) calendar days prior to the date of the award will not be considered.
Authority to Resolve Protest
The Procurement Officer shall have the authority, prior to award, to settle, resolve, or reject a protest of a responsible bidder concerning the award of a contract.
Effect of Failure to Comply with Protest Procedures
The procedures set forth in this article are mandatory and are the sole and exclusive remedy of a bidder or proposer to dispute the award of a contract. A protest that does not comply with these procedures may be summarily rejected.
Required Forms
The following forms must
be submitted with RFP response.
download forms from planetbids under the documents & agreements tab for this rfp
10. Acknowledgement and Signature of Authorization
Services
RFP No: 20XX.XX
I ___________________________, _____________________ have read and understand the (Full Printed Name) (Title) The RFP document, and I am duly authorized to commit my company to sell/perform the products/services described herein. I understand by signing this RFP I am not obligating the City to make this procurement, nor am I signing a contract to sell/perform this product/service. By signing this document I agree to comply with all specifications, scope of services, requirements, terms and conditions described herein, unless specifically noted. This RFP is firm for 180 days from the due date identified on the cover page of this RFP.
Authorized Representative:
Signature
Date
City of Pomona Minority Business Questionnaire
Name of Business:
Division or Subsidiary, if applicable:
Business Address:
Business Telephone No.:
Contact Person:
Title:
Type of Business:
Non Profit [ ]
Sole Proprietorship [ ]
Partnership – General [ ]
– Limited [ ]
– Corporation [ ]
Is the business 51% or more owned by:
American Indian [ ]
Asian [ ]
Black [ ]
Hispanic [ ]
Female [ ]
Other [ ]
(please specify)
Prepared By:
Title:
Date:
For more information, please contact the City of Pomona Purchasing Division (909) 620-2381.
City of Pomona Statement of Non-Collusion By Contractor The undersigned who submits herewith to the City of Pomona a Bid or proposal does hereby certify that:
All statements of fact in such bid or proposal are true; Such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; Such bid or proposal is genuine and not collusive or sham; Bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Pomona or of any other bidder or anyone else interested in the proposed procurement; Bidder did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal; Bidder did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; Bidder did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Pomona, or to any person or persons who have a partnership or other financial interest with said bidder in his business.
No officer or principal of the undersigned firm is employed or has been employed, either full or part time, by the City of Pomona, either currently or within the last two (2) years, or is related to any officer or employee of the City by blood or marriage within the third degree. An exception to this section may be granted by approval of the City Council prior to contract award.
No officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding on, award of, or performance of, any public work contract, with any public entity, within the last three years.
Bidder did not provide, directly or indirectly to any officer or employee of the City of Pomona any gratuity, entertainment, meals, or anything of value, whatsoever, which could be construed as intending to invoke any form of reciprocation or favorable treatment.
In accordance with Sec. 1204. - Illegal Interest in Contracts, no member of the Council or other officer or department head of the City shall have any financial interest in any contract, sale or transaction to which the City is a party if having such interest constitutes a violation of the State law pertaining to interest in contracts. Any such person having any such prohibited interest shall be guilty of a misdemeanor, and upon conviction thereof, in addition to such penalties as may be imposed by the court, such person shall forfeit his office. Any contract, sale or transaction in which there shall be any such prohibited interest shall become void at the option of the City when so declared by resolution of the Council.
In accordance with Sec. 2-971 Conflict of interest (Ord. No. 4107, § 1, 9-8-2008; Ord. No. 4145, § 1, 7-11-2011):
No officer or employee of the City of Pomona may contract with any person related to any officer or employee of the City by blood or marriage for materials, supplies, services and equipment unless the purchase is by competitive bid and the person so related submits the lowest responsible bid therein. No officer or principal of the supplier, nor any subcontractor may be employed or have been employed, either full or part time, by the City of Pomona either currently or within the last two years. An exception to this section may be granted by approval of the City Council. All successful construction or service bidders must sign and adhere to the City’s statement of non-collusion Any unauthorized contact by the bidder during the bid or proposal process with an official or city employee, other than those shown on the RFP or bid, the Finance Director, or Purchasing Manager, shall cause the bidder to be immediately disqualified from consideration of award.
City employees and officials shall be prohibited from engaging in and/or awarding procurements when:
Having a financial or personal beneficial interest (directly or indirectly) in any contract or purchase order for materials, supplies, equipment, services, or projects furnished to the City.
Using information available to officials and employees, solely because of their City position, for personal profit, gain or advantage.
Directly or indirectly furnishing or withholding services or information not available to all prospective bidders, or who may reasonably be expected to bid on, a contract with the City.
Using a position or status in the City to solicit (directly or indirectly) business of any kind; or to purchase products at special discounts or upon special concessions for personal private use from any person or Consultant who sells or solicits sales to the City.
Serving the interest of any organization which transacts or attempts to transact business with the City for profit when such employee holds a City position of review or control over such business transactions.
I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed on ____________ at __________________________, California. (Date) (Location) Business:
By:
Address:
(Signature)
(Print Name & Title)
City of Pomona Agreement for Indemnification by Contractor and Acceptance and Acknowledgment of Procurement Practices of The City of Pomona The City of Pomona requires contractors and suppliers of services to the City to agree to indemnify and hold the City of Pomona harmless for claims or losses arising from, or in connection with, the contracting party’s work for the City of Pomona before a Purchase Order is issued.
To reduce the possibility of misunderstanding between contracting parties and the City in case of a claim or lawsuit, the City of Pomona is requiring that contacting parties who perform services for the City sign this letter. This letter will act as and become a part of each Contract/Purchase Order between the City of Pomona and the contracting parties signing the letter for the duration of the contract term and any extensions thereto.
In consideration of the opportunity of doing work for the City of Pomona and benefits to be received thereby, the contracting party to this agreement agrees as follows:
That where a contract, purchase order or confirming order is issued by the City of Pomona awarding a contract, this Letter Agreement is to be considered part of that contract.
Contractor agrees to indemnify the City of Pomona, and any officer, employee or agent, and hold the City of Pomona, and any officer, employee or agent, thereof harmless from any and all claims, liabilities, obligations and causes of action, of whatsoever kind or nature, for injury to, or death of, any person (including officers, employees and agents of the City of Pomona), and for injury or damage to or destruction of property (including property of the City of Pomona), resulting from any and all actions or omissions of contractor or contractor’s employees, agents or invitees, or any subcontractor of contractor or any of such subcontractor’s employees, agents or invitees.
That the contracting party specifically waives the benefits and protection of Labor Code Section 3864 which provides: “If an action, as provided in this chapter, is prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person or settlement by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in the absence of a written agreement so to be executed prior to the injury.” This waiver will apply to the contracting party to this letter to any contracts awarded by the City of Pomona during the term of this Agreement and any extensions thereto.
That this Agreement has been signed by an authorized representative of the contracting party, and such representative has the authority to bind the contractor to all terms and conditions of this Agreement.
That this Agreement shall be binding upon the successors and assignees of the contracting party to any contract with the City of Pomona. As a condition precedent to acceptance, any contacts from the City of Pomona and contracting party agree to advise its successors or assignees of this Agreement and to obtain their consent to it in writing before the work of the representative successor or assignees begins. Such assignment shall not be effective without the prior written consent of the City of Pomona.
To promptly notify the City of Pomona of any change in ownership of the contracting party while this Agreement is in force.
This letter Agreement cannot be modified or changed without the express written consent of the City of Attorney of the City of Pomona.
I agree to the terms of this Letter Agreement on behalf of:
Business: By:
(Signature)
Address:
(Print Name & Title)
Date: __________________
EXCEPTIONS TO RFP and GENERAL CONTRACT TERMS
CONTRACTOR/VENDOR NAME
ADDRESS
TELEPHONE# ( ) FAX # ( ) EMAIL: ____________________________________
I have reviewed the RFP and General Contract Terms in their entirety and have the following exceptions: (Please identify and list your exceptions by indicating RFP, the Section or Paragraph number, and Page number, as applicable. Be specific about your objections to content, language, or omissions. Add as many pages as required.) Name of Authorized Representative
Signature of Authorized Representative
Date
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Pomona funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Pomona with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
End of Required Forms
ATTACHMENT A
DRAFT
CITY OF POMONA
DOWNTOWN PARKING STRUCTURE
Sample Agreement for Bridging Architectural/Engineering Services DRAFT
13.0 SAMPLE AGREEMENT FOR BRIDGING ARCHITECTURAL SERVICES Table of Contents
Article Page Page #
Article 1. Responsibilities and Services of Bridging Architect 27 Article 2. Bridging Architect Staff 28
Article 3. Schedule of Work 29
Article 4. Construction Cost Budgets 29
Article 5. Fee and Method of Payment 30
Article 6. Payment for Extra Work or Changes 31
Article 7. Ownership of Data 31
Article 8. Termination of Contract 32
Article 9. Indemnification and Prevailing Wage 34 Article 10. Responsibilities of City 35
Article 11. Liability of City 36
Article 12. Insurance 37
Article 13. Nondiscrimination 37
Article 14. Covenant Against Contingent Fees 37
Article 15. Entire Agreement/Modification 37
Article 16. Non-Assignment of Agreement 38
Article 17. Governing Laws 38
Article 18. Alternative Dispute Resolution 38
Article 19. Severability 39
Article 20. Employment Status 39
Article 21. Certification of Bridging Architect 40 Article 22. Cost Disclosure - Documents and Written Reports 40 Article 23. Notices and Project Communications 40 Article 24. Other Provisions 41
Article 25. Time 41
BRIDGING ARCHITECTURAL SERVICES EXHIBITS
EXHIBIT "A" - RESPONSIBILITIES AND SERVICES OF BRIDGING ARCHITECT 43 EXHIBIT "B" - CRITERIA AND BILLING FOR EXTRA WORK 59 EXHIBIT “C” - SCHEDULE OF WORK 61
EXHIBIT “D” - PAYMENT SCHEDULE 62
EXHIBIT “E”- INSURANCE REQUIREMENTS FOR BRIDGING
ARCHITECT/ENGINEER 64
EXHIBIT “F”- BRIDGING ARCHITECT/ENGINEER FEE BASIS 67 EXHIBIT “G”- PROJECT SUMMARY BRIDGING ARCHITECTURE DESIGN SERVICES FOR DOWNTOWN PARKING STRUCTURE 68
EXHIBIT “H” - ARCHITECTURAL/ENGINEERING HOURLY RATES 69 EXHIBIT “I” - BRIDGING ARCHITECT/ENGINEERING TEAM PROPOSAL 70 End of Page
(SAMPLE) AGREEMENT FOR BRIDGING ARCHITECT SERVICES
This Agreement for Bridging Architect Services (“Agreement”) is made as of the XX of XXXX XX, XXXX, between the City of Pomona, CA (“City or Owner”), and [Consultants name] (“Bridging Architect” or “Architect”) of [City], [State]. The City and the Bridging Architect are (collectively hereinafter referred to as the “Parties”), for the Bridging Architecture Design Services for the Downtown Parking Structure Project (“Project”) as described in Exhibits “A-H”, for project scope of services.
For the purposes of this Agreement, the terms “Owner” or “City” shall mean City of Pomona or its designated representative who has been authorized by the City to act in its behalf in connection with this Agreement and/or the Project.
WITNESSETH:
That for and in consideration of the mutual covenants herein contained, the Parties hereto agree as follows:
Term
The Term of the Agreement shall commence as of the date set forth above and shall expire upon the Bridging Architect’s completion of the services set forth herein as defined in Article 25 of this agreement. The foregoing notwithstanding, the Bridging Architect shall complete the services hereunder in a prompt manner; if the City establishes a schedule for the Bridging Architect’s completion of the services under this Agreement or portions thereof, the Bridging Architect’s completion of services under this Agreement shall comply with such schedule.
Article 1. Responsibilities and Services of Bridging Architect
1.1. Scope: Bridging Architect shall provide the design and other services described herein and under Exhibit “A” for the Project (“Bridging Architect/ Engineering Services”).
1.2. Coordination: In the performance of Bridging Architect/Engineering (“BA/E”) Services under this Agreement, Bridging Architect agrees that it will maintain such coordination with City personnel and/or its designated representatives as may be requested and desirable to implement the intent/purpose of this Agreement and to facilitate timely completion of Project design, bidding and construction.
Bridging Architect recognizes that the City may obtain the services of a Program Manager for this Project. The Program Manager, if any, is authorized to give Bridging Architect work authorizations, and issue written directives, approvals and Notices to Proceed on behalf of City. If any services are performed by Bridging Architect without prior written authorization by the Program Manager or the City’s authorized representative, the City will not be obligated to pay for such services Any task, including, but not limited to, reviews or approvals that the City may perform pursuant to this Agreement may be performed by the Program Manager, unless that task indicates it shall be exclusively performed by the City Council or any other designated representative of the City.
1.3. Bridging Architect’s Services: Bridging Architect shall render the BA/E Services and furnish the work as described in Exhibit “A”, commencing with the Bridging Architect’s receipt of a written Notice to Proceed issued by or on behalf of the City. BA/E’s Services shall be completed in accordance with the schedule attached as Exhibit “C”.
Article 2. Bridging Architect Staff
2.1. The Bridging Architect has been selected to perform the work herein because of the skills and expertise of key personnel.
2.2. The Bridging Architect agrees that the following key personnel in Bridging Architect’s firm shall be associated with the Project in the following capacities:
Principal in Charge: TBD Project Manager: TBD Project Architect:
2.3 The Bridging Architect shall not change any of the key personnel listed above without prior written approval by City, unless said personnel cease to be employed by Bridging Architect. In either case, City shall be allowed to interview and accept replacement personnel. Notwithstanding the City’s acceptance of the key personnel identified above or the City’s acceptance of replacement personnel, the Bridging Architect shall remain responsible for the acts, omissions and work- product of the personnel of the Bridging Architect and any Sub-consultants of the Bridging Architect.
2.4. If any designated lead or key person fails to perform to the satisfaction of the City, upon written notice from the City, the Bridging Architect shall have five (5) days to remove that person from the Project and replace that person with one acceptable to the City. All lead or key personnel for any Sub-consultant must also be designated by the Sub consultant and are subject to all conditions previously stated in this paragraph.
2.5. Bridging Architect represents that the Bridging Architect has no existing interest and will not acquire any interest, direct or indirect, which could conflict in any manner or degree with the performance of A/E Services required under this Agreement and that no person having any such interest shall be employed by Bridging Architect
2.6. Bridging Architect agrees that all plans and/or specifications prepared pursuant to this Agreement shall be prepared by or under the supervision of a California licensed Architect and/or a California registered engineer, and that the licensed Architect or registered engineer shall be in “responsible charge” of observations of the construction.
2.7. The provisions of this Article shall apply to and be incorporated into any agreement or contract with any Sub consultant of the Bridging Architect.
Article 3. Schedule of Work
3.1. The Bridging Architect shall commence work under this Agreement upon receipt of a Notice to Proceed and shall diligently complete its obligations hereunder so as not to delay the scheduled progress and completion of design, bidding and construction of the Project. Bridging Architect will establish and submit for the City’s approval a schedule for its services.
Article 4. Construction Cost Budgets
4.1. The Initial Construction Cost Budget (ICCB) shall be the total cost to City for construction and installation of all elements of the Project as designed and specified by the Bridging Architect. The Initial Construction Cost Budget, as designated in Exhibit “G”, is the initial estimation of the total sum to be paid to the building contractor(s) to construct the Project excluding; all softs costs related to due diligence, pre-planning, bridging / schematic design and engineering, program management, inspection and fees.
4.2. In accordance with Exhibit “A” Bridging Architect shall verify and accept the City’s established Initial Construction Cost Budget and Project scope to establish the Approved Construction Cost Budget (ACCB).
4.3. Bridging Architect shall complete work as described in Exhibit “A”, including, but not limited to, plans, designs, drawings, specifications and other construction documents, so that the Construction Cost of the work designed by the Bridging Architect will not exceed the Approved Construction Cost Budget (ACCB) as specified by the City, and, if required, as adjusted subsequently with the City’s written approval. The Bridging Architect shall maintain cost controls throughout the development of Bridging Design Documents for the Project so that the work depicted in the Bridging Design Documents for the Project can be designed, constructed and installed within the Approved Construction Cost Budget (ACCB).
4.4. If the lowest responsive bid is received by the City within sixty (60) days of issuance of the Design-Build Request for Proposals for the Project, including the bid on all Addenda issued for the bid, exceeds the Approved Construction Cost Budget (ACCB) by ten percent (10%) or more, the City, in its sole discretion, may determine to proceed with one, or any combination of, the following alternatives Give the Bridging Architect written approval on an agreed adjustment to the Approved Construction Cost Budget (ACCB) without additional fee to the Bridging Architect.
4.4.2. Authorize the Bridging Architect to prepare the drawings and specifications in order for the City to re-bid.
4.4.3. Terminate this Agreement if the Project is abandoned without further obligation by either party.
4.4.4. Instruct Bridging Architect to revise the drawings and specifications (in scope and quality as approved by the City) to bring the Project within the Approved Construction Cost Budget (ACCB) for re-bidding at no additional cost to the City or other additional payments to the Bridging Architect.
4.5. In accordance with Exhibit “A” the Revised Construction Cost Estimate shall be reconciled with the City’s Approved Construction Cost Budget (ACCB) and adjusted at the completion of each design phase. The Bridging Architect shall receive the City’s written approval of the Revised Construction Cost Estimate as adjusted and reconciled at the completion of each design phase.
Article 5. Fee and Method of Payment
5.1. City shall pay the Bridging Architect a lump sum fixed price of XXX ($$$.$$) for completion of the A/E Services under this Agreement (“Contract Price”), pursuant to Exhibit “F”. This amount may be subject to adjustment, if any, in accordance with Article.
5.2. Bridging Architect shall invoice its work under this Agreement in accordance with Exhibit “D”.
5.3. Bridging Architect may request additional fee for City-generated change orders that result in additional enclosed building area or in a significant reallocation of program space or for changes resulting from unforeseen conditions.
5.4. The Bridging Architect’s fee set forth in this Agreement shall be full compensation for all of Bridging Architect’s work incurred in the performance hereof, including, but not limited to, all costs for Sub-consultants and the personnel of the Bridging Architect and all Sub-consultants, travel, offices, printing of deliverables in the quantities set forth in Exhibit “A”, providing and/or shipping of deliverables or any other items, per diem expenses, any other direct or indirect expenses incident to providing the services, and any other items specified in Exhibit “A”.
5.5. Notwithstanding any provision of this Agreement to the contrary, if the City shall, in good faith, dispute the amount due Architect under any billing invoice rendered by Architect under this Agreement, pursuant to CA Civil Code §3320 (a), the City may withhold from payment to the Architect an amount not to exceed one hundred percent (150%) of the disputed amount.
Article 6. Payment for Extra Work or Changes
6.1. Any charges for extra work shall be paid by the City as described in Exhibit “B” only when the extra work was authorized in writing in advance by the City and when the Bridging Architect’s documentation of the extra work has been completed to the satisfaction of the City or its designated representative(s).
Article 7. Ownership of Data
7.1. The City shall retain ownership of all plans, including, but not limited to, record drawings, progress drawings and sketches, specifications, analysis, calculations, studies, and estimates that the Bridging Architect or its Sub-consultants, prepares or causes to be prepared pursuant to this Agreement. The Bridging Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Bridging Architect or its Sub- consultant(s) prepares or causes to be prepared pursuant to this Agreement. The Bridging Architect grants to the City a perpetual, non- exclusive, license to use and/or reuse all or any part of the Design Documents for the Project at the City’s sole discretion with no additional compensation to the Bridging Architect for the purposes of: (a) construction of all or part of the Project; or (b) the repair, renovation, modernization, replacement, reconstruction or expansion of the Project. The City is not bound by this Agreement to employ the services of the Bridging Architect in the event any of the Design Documents are used for such purposes. The City shall be authorized to use or reuse the Design Documents for these purposes without liability or additional compensation to the Bridging Architect, provided that such use or re-use for a project other than the Project for which the Design Documents were prepared shall be at the City’s own risk. If the City uses or re-uses the Design Documents without engagement of the Bridging Architect the City shall hold harmless the Bridging Architect and any of its Consultants or Sub-consultants (“Design Consultants”) from claims, demands or liability asserted by third parties arising out of modifications to the Design Documents for use in connection with such other project.
7.2. The Bridging Architect shall perform the work and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (CADD) Technology and 3D Capability. In order to document exactly what CADD information was delivered to the City, Bridging Architect and City shall each sign a "hard" copy of reproducible documents that depict the information at the time Bridging Architect produces the CADD information. City agrees to release Bridging Architect from all liability, damages, and/or claims that arise due to any changes made to this information by anyone other than the Bridging Architect or its consultants subsequent to it being given to the City.
7.3. Following the termination of this Agreement, for any reason whatsoever, the Bridging Architect shall promptly deliver to the City upon written request and at no cost to the City the following items (hereinafter “Instruments of Service”) which the City shall have the right to utilize in any way permitted by statute:
One set of the Contract Documents, including the bidding requirements, specifications, and cost estimates for the Project, in hard copy, reproducible format.
One set of fixed image Computer Aided Design Drafting (hereinafter “CADD”) filed, in DXF format, of the drawings which are part of the Contract Documents.
One set of non-fixed image CADD drawing files, in DXF format, of the site plan, floor plans (Architectural, plumbing, mechanical and electrical), roof plan, sections and exterior elevations of the project.
All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Bridging Architect under this Agreement.
In the event the City changes any fully or partially completed documents, the City agrees to release Bridging Architect of responsibility for such changes and such changed documents shall be the work product of the City. In the event City uses any fully or partially completed documents without the Bridging Architect’s full involvement, the City shall remove all title blocks and other information that might identify the Bridging Architect and the Bridging Architect’s Sub-consultants.
Article 8. Termination or Suspension of Contract
8.1. This Agreement may be terminated by City at any time, in whole or in part, when Bridging Architect defaults in its performance or obligations hereunder, including without limitation failure of the Bridging Architect to complete its obligations in accordance with the City’s established schedule for the Project. In addition to the foregoing, the City shall have the right to terminate this Agreement, in whole or in part, at any time at the convenience of the City.
8.2. Termination shall be affected by delivery to Bridging Architect of notice, transmitted in conformance with Article 23 of this Agreement, (“Notice of Termination”), specifying whether said termination is for default of Bridging Architect or for the convenience of City, the extent to which performance of the A/E Services is terminated; and the date upon which said termination has become effective. If after Notice of Termination for default, it is determined that Bridging Architect was not in default, or that Bridging Architect 's failure to fulfill its obligations was due to causes beyond its control and without its fault or negligence, the Notice of Termination shall be deemed to have been issued for the convenience of the City.
8.3. Following receipt of Notice of Termination, Bridging Architect shall discontinue performance on the date and to the extent specified therein, and deliver to the City the completed or partially completed plans, information, data, reports, estimates, summaries, materials, or other documents which, if performance had been completed, would be furnished to City. Bridging Architect shall continue performance of such part of the work and A/E Services which are not terminated by the Notice of Termination. Bridging Architect shall prepare and submit a termination claim for A/E Services satisfactorily performed, which shall include costs and expenses, reimbursable in accordance with the Terms of this Agreement, not previously paid to Bridging Architect, incurred prior to the effective date specified in the Notice of Termination, and City may agree upon the whole or any part of the amount(s) claimed by Bridging Architect on account of the termination or partial termination.
8.4. In the event of termination for default of the Bridging Architect, the City shall be entitled to complete the work and A/E Services hereunder or engage others to do so and in addition to whatever remedies it may have at law if the expense of completing said work and A/E Services is greater than the amount Bridging Architect was to receive as compensation therefore, City shall be entitled to recover the difference from Bridging Architect. The Bridging Architect’s liability for such excess costs shall survive termination of this Agreement until barred by the applicable statute of limitations.
8.5. If, at any time in the progress of the design of the Project, the City Council of the City determines that the Project should be terminated, the Bridging Architect, upon receipt from the City of Notice of Termination shall immediately cease work on the Project. The City shall pay the Bridging Architect only the fee associated with the A/E Services provided, since the last invoice that has been paid and up to the Notice of Termination.
8.6. The City may, in its discretion, suspend all or any part of the design or construction of the Project or the Architect’s services relating thereto, however, that if the City shall direct the Architect’s suspension of A/E Services for the Project for a period of ninety (90) consecutive days or more and such suspension is not caused by the Architect’s default or the acts or omissions of Architect or its Design Consultants, upon rescission of such suspension, the Contract Price will be subject to adjustment to reflect actual costs and expenses incurred by Architect, if any, as well as an adjustment in the Project Schedule, as a direct result of the suspension and resumption the A/E Services for the Project.
Article 9. Indemnification and Prevailing Wage
9.1 Scope of Indemnity. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), Architect shall defend (with legal counsel reasonably acceptable to the City) indemnify and hold harmless the City and its officers, departments, officials, representatives, and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Architect or its sub-consultants), expense and liability of every kind, nature and description (including, without limitation, fines, penalties, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith, and costs of investigation), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Architect, any sub-consultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”) in connection with the Project. Such obligations to defend, hold harmless and to indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of such Indemnitee.
9.2 Termination or Completion of Agreement. Neither termination of this Agreement nor completion of the Services under this Agreement shall release Architect from its obligations under this Section 9.2, as long as the event giving rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective date of any such termination or completion.
9.3 Additional Indemnity Agreements. Architect agrees to obtain executed indemnity agreements with provisions identical to those set forth herein from each and every Sub-consultant or any other person or entity involved by, for, with or on behalf of Architect in the performance of this Agreement. If Architect fails to obtain such indemnity obligations from others as required, Architect shall be fully responsible for all obligations under this Section 9.3. City’s failure to monitor compliance with this requirement imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
9.4 Prevailing Wage. Architect is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Architect agrees to fully comply with such Prevailing Wage Laws. Prevailing Wage Laws apply prevailing wages to design and pre-construction activity. “Design and pre-construction” activities include land surveying and inspection work. It shall be mandatory upon the Architect and any sub-consultants 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. Architect shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Architect or its consultants to comply with the Prevailing Wage Laws.
Article 10. Responsibilities of City
10.1. The City and Program Manager shall examine the documents submitted by the Bridging Architect and respond to specific inquiries related to the conformance of the plans to City standards, preferences, authorities and/or Master Plan as provided in writing by the Bridging Architect. Upon written request from the Bridging Architect, the City shall make available to the Bridging Architect, if necessary, for its use in the development of bridging documents, the following existing information:
Initial Construction Cost Budget (ICCB), as designated in Exhibit “G” Hazardous materials survey reports, tests and analysis
Hazardous material abatement specifications and procedures Geotechnical surveys, reports, and recommendations
Original construction documents and/or as-built drawings Topographic surveys and aerial surveys
Legal property description with boundary/property limits Underground utility surveys and construction documents
City design standards and guidelines
Value Engineering consultant and scope of services if applicable to the Project.
10.2. The City cannot guarantee the accuracy or completeness of documents listed above that were prepared by other consultants, individuals, or firms. The Bridging Architect shall review such documents for accuracy and completeness of the information as needed to complete the work of this Agreement. The Bridging Architect shall advise the City if it becomes aware of any error or deficiency in said services, information, surveys, and reports. If any of the documents or information noted above does not exist, and when Bridging Architect has provided written justification for such information, the City shall cause the required information to be prepared in a timely manner, relative to its notification that the information is required. The City and/or its Program Manager shall use due diligence to, attempt to advise the Bridging Architect, either verbally or in writing, if the City becomes aware of any fault or defect in the A/E Services provided under this Agreement, including any errors, omissions or inconsistencies in the Bridging Architect’s documents. Failure to provide such notice shall not relieve Bridging Architect of its responsibility to provide complete, accurate, and fully coordinated construction documents.
10.3. The City shall provide, with input and consultation from Bridging Architect, Section 00 (introductory information, bidding requirements, contract forms, and general and special conditions) of the Project Performance Specifications Manual. Bridging Architect shall be responsible to provide all other sections, subject to review and approval by Owner, of the Project Manual, which is to be submitted with all other final deliverables.
10.4. If so requested in writing by the Bridging Architect and unless otherwise provided in this Agreement, the City shall furnish such tests, inspections and reports, if so required by applicable law or statue, or the Contract Documents, related to structural and mechanical condition assessments, chemical tests, tests for air and water pollution, and tests for soil contamination.
Article 11. Liability of City
11.1. City’s financial obligations under this Agreement shall be limited to the payment of the compensation provided in this Agreement. Notwithstanding any other provision of this Agreement, in no event, shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement for the services performed in connection with this Agreement.
11.2. Any and all costs incurred by City, or for which City may become liable, to the extent caused by negligent acts or omissions of Bridging Architect including without limitation its failure to timely complete obligations hereunder, shall be paid by Bridging Architect to City or the City may withhold those costs from amounts owing to Bridging Architect.
11.3. City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Bridging Architect, or by its employees, even though such equipment be furnished or loaned to Bridging Architect by City.
Article 12. Insurance
12.1. Bridging Architect and each of its Design Consultants shall comply with the insurance requirements for this Agreement, set forth in Exhibit “E”.
12.2. Bridging Architect and/or its insurer shall give the City thirty (30) days’ notice prior to cancellation or reduction of coverage amounts as set forth in Exhibit “E”, of any of the required policies of insurance.
12.3 Bridging Architect shall provide certificates of insurance and endorsements for itself and each Design Consultant to City prior to commencement of the work of this Agreement as required in Exhibit “E”.
12.4 Insurance is to be placed with insurers rated A: 7 or better by A.M. Best's rating-service.
Article 13. Nondiscrimination
13.1. Bridging Architect agrees that no discrimination shall be made in the employment of persons under this Agreement because of the actual or perceived race, national origin, ancestry, religion, age, physical disability, sex, or sexual orientation of such person.
13.2 Bridging Architect shall comply with any and all federal, state, and local regulations and laws governing nondiscrimination in employment.
Article 14. Covenant Against Contingent Fees
14.1 Bridging Architect warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bridging Architect, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Bridging Architect, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement. for breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover the full amount of such fee, commission, percentage fee, gift, or contingency.
Article 15. Entire Agreement/Modification
15.1 This Agreement, including the Exhibits hereto, supersedes all previous contracts and constitutes the entire understanding of the Parties hereto. Architect shall be entitled to no other benefits than those specified herein. No changes, amendments or alterations shall be effective unless in writing and signed by both Parties. Bridging Architect specifically acknowledges that in entering this Agreement, Bridging Architect relies solely upon the provisions contained in this Agreement and no others.
Article 16. Non-Assignment of Agreement
16.1 In as much as this Agreement is intended to secure the specialized services of the Bridging Architect, Bridging Architect may not assign, transfer, delegate or sublet any interest therein without the prior written consent of City which may be granted, conditioned or denied in the sole discretion of the City. Any such assignment, transfer, delegation or sublease without the City’s prior written consent shall be considered null and void.
Article 17. Governing Laws
17.1 This Agreement has been executed and delivered in the State of California and the validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. This Agreement shall be interpreted and construed as a whole, in accordance with its fair meaning and not strictly for or against the Bridging Architect or the City.
17.2 Los Angeles County shall be the exclusive jurisdiction and venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement including any Alternative Dispute Resolution specified in Article 18, below.
Article 18. Alternative Dispute Resolution
18.1. Continuation of A/E Services. Except in the event the City’s failure to make undisputed payment of the Contract Price due the Bridging Architect, or failure to respond within 14 calendar days to written notification of City’s default in its performance hereunder, identified by the Bridging Architect, notwithstanding any disputes between City and Bridging Architect hereunder, Bridging Architect and City shall each continue to perform their respective obligations hereunder; including the obligation of the Bridging Architect to continue to provide and perform services hereunder pending a subsequent resolution of such disputes.
18.2 Mandatory Mediation. All claims, disputes and other matters in controversy between the Bridging Architect and the City arising out of or pertaining to this Agreement shall be submitted for resolution by non- binding mediation conducted under the auspices of the American Arbitration Association (AAA) and the Construction Mediation Rules of the AAA in effect at the time that a Demand for Mediation is filed. The commencement and completion of mediation proceedings pursuant to the foregoing is a condition precedent to either the City or the Bridging Architect commencing arbitration proceedings.
18.3. Arbitration and Civil Litigation. In the event the mediation described in 18.2 above is not successful, the Parties may mutually agree in writing to arbitration. Said arbitration shall be conducted according to procedures agreed to by the parties. In the absence of such an Agreement, the matter will be resolved by suit before the Superior Court of Los Angeles.
18.4. Attorney’s Fees and Costs. Both Parties agree to bear their own costs and expenses incurred in connection with the dispute resolution procedures outlined above.
Article 19. Severability
19.1 In the event that any term or provision of this Agreement is deemed illegal, invalid, or unenforceable by a court of competent jurisdiction, such term or provision shall be deemed severed from this Agreement and the remaining terms and provisions shall remain unaffected thereby and continue in full force.
Article 20. Employment Status
20.1. Bridging Architect shall, during the entire term of Agreement, be construed to be an independent contractor to the City and nothing in this Agreement is intended nor shall be construed to create an employer- employee relationship, a joint venture relationship, or to allow City to exercise discretion or control over the professional manner in which the Bridging Architect performs the services which are the subject matter of this Agreement; provided always, however, that the services to be provided by Bridging Architect shall be provided in a manner consistent with all applicable standards and regulations governing such services.
20.2. Bridging Architect understands and agrees that the Bridging Architect’s personnel are not and will not be eligible for rights or benefits as employees of the City, including without limitation, membership in or any benefits from any City group plan for hospital, surgical or medical insurance or for membership in any City retirement program or for paid vacation, paid sick leave or other leave, with or without pay or for other benefits which accrue to a City employee.
20.3. Should City, in its discretion, or a relevant taxing authority such as the Internal Revenue Service or the State Employment Development Department, or both, determine that Bridging Architect is an employee for purposes of collection of any employment taxes, the amounts payable under this Agreement shall be reduced by amounts equal to both the employee and employer portions of the tax due (and offsetting any credits for amounts already paid by Bridging Architect which can be applied against this liability). City shall then forward those amounts to the relevant taxing authority.
20.4 Should a relevant taxing authority determine a liability for past services performed by Bridging Architect for City, upon notification of such fact by City, Bridging Architect shall promptly remit such amount due or arrange with City to have the amount due withheld from future payments to Bridging Architect under this Agreement (again, offsetting any amounts already paid by Bridging Architect which can be applied as a credit against such liability).
20.5. A determination of employment status pursuant to the preceding two paragraphs shall be solely for the purposes of the particular tax in question, and for all other purposes of this Agreement, Bridging Architect shall not be considered an employee of City. Notwithstanding the foregoing, should any court, arbitrator, or administrative authority determine that Bridging Architect is an employee for any other purpose, then Bridging Architect agrees to a reduction in City’s liability resulting from this Agreement pursuant to principles similar to those stated in the foregoing paragraphs so that the total expenses of City under this Agreement shall not be greater than they would have been had the court, arbitrator, or administrative authority determined that Bridging Architect was not a employee.
20.6. Nothing in this Agreement shall operate to confer rights or benefits on persons or entities not a party to this Agreement.
Article 21. Certification of Bridging Architect
21.1. Bridging Architect certifies that the personnel of Bridging Architect and Design Consultants of the Bridging Architect are each licensed architects or registered engineers under California law as required for the nature and scope of A/E Services provided or performed by such personnel.
21.2. Bridging Architect certifies that it is aware of the provisions of the California Labor Code that require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with those provisions before commencing the performance of the work of this Agreement and remain in compliance at all times during performance of A/E Services hereunder.
Article 22. Cost Disclosure - Documents and Written Reports
22.1. Bridging Architect shall be responsible for compliance with California Government Code section 7550, if the total cost of the Contract is over five thousand dollars ($5,000).
Article 23. Notices and Project Communications
23.1 All notices required or permitted under this Agreement shall be considered as duly given to any party for all purposes hereof only if given in writing and hand delivered; or sent by registered or certified mail, postage prepaid and return receipt requested; or sent by electronic email; with confirming receipt; telex, or telegram, and also confirmed by registered mail, postage prepaid and return receipt requested, addressed as set forth below, or to such other address as may be designated by notice given as provided above.
All notices shall be effective upon first receipt, unless otherwise specified herein.
CITY: CITY OF POMONA CITY HALL
C/O City Clerk
505 S. Garey Avenue
Pomona, CA 91766
BRIDGING ARCHITECT:
Company Name: TBD
Address 1
Address 2 Attention: TBD Phone
23.2. At any time during the project, the City may direct Bridging Architect to communicate also with, or exclusively with, its authorized representative.
Article 24. Other Provisions
24.1. Bridging Architect shall be solely responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications, calculations, data, reports or other A/E Services to be provided hereunder, and shall, without any additional compensation, correct or revise any errors or deficiencies promptly upon notice or discovery thereof, provided that the Bridging Architect’s obligation to correct or revise errors/discrepancies in the services provided is in addition to and not in lieu of the Bridging Architect’s liability to the City for losses, costs, expenses or damages sustained by the City as a result of such errors/deficiencies. Neither a review, approval or acceptance of, nor payment for, any of the services required hereunder shall be construed as a waiver of any rights under this Agreement by City or of any cause of action arising out of the performance of this Agreement, and Bridging Architect shall be liable for all damages caused by or arising out of Bridging Architect’s negligent performance of any Services provided or required hereunder.
Article 25. Time (150 Calendar Days from Notice to proceed)
25.1. Time is of the essence in the performance and completion of obligations under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below.
CITY OF POMONA
Date: 2024
By:
Title:
COMPANY NAME
Date: 2024
By:
Title:
End of Page
EXHIBIT “A”
RESPONSIBILITIES AND SERVICES OF BRIDGING ARCHITECT/ENGINEER Item: Page #:
A. Basic Services 44
B. Architectural Programming 46
1. Project Initiation 39
2. Development of Architectural Program 40
3. Architectural Programming Deliverables 49
4. Project Cessation Provisions 49
C. Design Services 49
1. Conceptual/Schematic Design Phase 49
2. Bridging Documents Phase 55
3. Design/Build Team Selection Phase 57
4. Construction Document Review Phase 57
5. Construction Phase 58
End of Page
EXHIBIT “A” (cont.)
RESPONSIBILITIES AND SERVICES OF BRIDGING ARCHITECT/ENGINEER Bridging Architect/Engineer shall provide all professional services necessary for completing the following:
Basic Services
Bridging Architect/Engineer agrees to provide the services described below:
Provide work which shall comply with professional Architectural and Engineering standards and applicable requirements of federal, state, and local law.
Identify the regulatory agencies that have jurisdiction over essential building and design elements and coordinate with and implement the requirements of the regulatory agencies, e.g., City of Pomona Building and Safety, State and local Fire Marshal, utility and water service providers, and others.
Contract for or employ at Bridging Architect/Engineer expense, sub- consultant(s) to the extent deemed necessary for completion of the project including electrical, mechanical, structural and civil engineers, landscapers, interior designers, licensed as such by the State of California. The names of said sub-consultant(s) shall be submitted to the City for approval prior to commencement of work. The City reserves the right to reject the use of any sub- consultant. Nothing in the foregoing procedure shall create any contractual relationship between the City and any sub-consultant employed by the Bridging Architect/Engineer under terms of the Agreement.
Cooperate and coordinate with other professionals employed by the City for the design, coordination or management of this project or other work related to or affecting the project.
Chair, conduct and take minutes of any coordination meetings during the entire design phase with its sub-consultant(s), user groups or committees, City and City representatives, Fire Marshal, utility and water service provider, and others. Bridging Architect/Engineer shall invite the City and/or its representative to participate in these meetings. Bridging Architect/Engineer shall keep a separate log to document design/coordination comments generated in these meetings. Meeting minutes are to be issued within three (3) working days of meeting date and time.
6. Review and confirm that information provided by the City, including surveys, as-built drawings, subsoil data, mechanical and other data logs of borings, is sufficient pursuant to the Agreement, to the extent they relate to Bridging Architect/Engineer scope of work. Advise the City based on its experience as a licensed Architect/Engineer whether those data are sufficient for purposes of design, or whether additional data are necessary.
7. Be responsible for the professional quality and technical accuracy of all studies, reports, projections, designs, drawings, specifications and other services furnished by Bridging Architect/Engineer under the Agreement as well as coordination with all Master plans, studies, reports and other information provided by City. Bridging Architect/Engineer shall, without additional compensation, correct or revise any errors or omissions in its studies, reports, projections, design, drawings, specifications and other services.
8. Be responsible for the coordination of the design and the layout of the technology backbone system with the City’s Technology Project Manager and provide general lay out and distribution of any portion of the technology backbone and distribution systems to be included in the project. Bridging Architect/Engineer and sub- consultant(s) will then prepare and be responsible for documents prepared by the Bridging Design Team based on the information provided by the City’s Technology Project Manager as appropriate to the level of design completion.
9. Provide services required to obtain local agencies’ approval for off- site work including review by regulatory agencies having jurisdiction over the project.
10. As necessary, develop a site plan from architectural information showing a final development of the site. This drawing will also include a horizontal and vertical control plan and a utility infrastructure plan. The services described in this Subparagraph shall be provided by a professional civil engineer who subcontracts with the Bridging Architect/Engineer.
11. Maintain a log of all meetings, site visits or discussions held in conjunction with the work of this project, with documentation of major discussion points, observations, decisions, questions or comments. Within three (3) working days of meetings or conferences, the Bridging Architect shall prepare and distribute minutes of the meeting or conference to all attendees and others as designated or directed by the City.
Maintain the following:
Design evolution log
Summary design schedule
Proposed meeting schedule
Design milestone schedule
Proposed meeting schedule through start of construction
12. Provide graphics and other design-related, computer-generated, information that would typically be developed in the course of the design process. This information shall be formatted and downloaded to computer files that the City may use on its website, updated monthly or more frequently as requested by the City. Provide design material and color boards and other similar services required for or in connection with color coordination of City- provided items such as furnishings, artwork, signage, etc.
13. Comply with any Storm Water Management Program that is approved by the City or required by State or local laws and applicable to the project, at no additional cost to the City.
14. Bridging Architect/Engineer shall utilize City forms or formats as provided for review and approval by the City of each phase of design.
15. Bridging Architect/Engineer is not responsible for:
a. Ground contamination or hazardous material analysis. b. Any hazardous material testing, design or abatement; however, it shall coordinate and integrate its work with any such information provided by City. c. Compliance with the California Environmental Quality Act (“CEQA”), except that Bridging Architect agrees to coordinate its work with that of any CEQA consultants retained by the City, to provide current elevations and schematic drawings for use in CEQA compliance documents, and to incorporate any mitigation measures adopted by the City into the project design. d. Historical significance report.
e. Soils investigation.
f. Geotechnical hazard report.
g. Site and Utility surveys
h. Design of technology backbone and cabling systems beyond the limits of the project. However, conduit paths and cabling to secure networking of the project are included. Neither the City’s review, approval of, or non-payment for, any services required under the Agreement shall be construed to operate as a waiver of any rights under the Agreement, and Bridging Architect/Engineer shall remain liable to the City in accordance with applicable law for all damages to the City caused by Bridging Architect/Engineer’s failure to perform any of the services furnished under the Agreement to the appropriate standard of care.
Architectural Programming
Project Initiation
Upon final execution of the Agreement with the City, the Bridging Architect/Engineer shall:
Within the first week following execution of the Agreement, meet with the City and its representatives to prepare an initial scope of work and work plan for documentation in a computer-generated project schedule, all in compliance with the schedule indicated in Exhibit “C” of this agreement.
This scope of work and work plan will identify specific tasks including, but not limited to interviews, data collection, analysis, report preparation, planning, architectural programming, concepts, schematic design, bridging design document preparation and estimating that are part of the work of the project. Also identified will be milestone activities or dates, specific task responsibilities, required completion times necessary for the review and approval by the City and by all regulatory agencies and additional definition of deliverables.
Review the developed work plan with the City and its representatives to familiarize them with the proposed tasks and schedule and develop necessary modifications.
Participate and take meeting minutes in a general project kick-off meeting to include the Bridging Architect’s Design Team, appropriate sub-consultant(s), and City’s Program Manager.
The project kick-off meeting will introduce key team members from the City or its authorized representative(s), City staff/stakeholders, and the Bridging Design Team to each other, defining roles and responsibilities relative to the project.
Identify and review pertinent information and/or documentation necessary from the City for the completion of the Bridging design services for the project.
Review and explain the overall project goals, general approach, tasks, work plan and procedures and deliverable products of the project.
Review and explain the scope of work and project work plan for all parties present; determine any adjustments or fine tuning that needs to be made to the work plan.
Review documentation of the project kick-off meeting prepared by the City’s Project Manager and comment prior to distribution.
Review and implement as appropriate the latest City Design and Material Standards provided by Owner. City standards may include, without limitation, standardized materials/equipment, design elements, technology interfaces, and project scheduling methodology.
Development of Architectural Program
Upon authorization from the City to proceed with the development of an architectural program for the Project, the Bridging Architect/Engineer shall prepare for the City’s review an architectural program as follows:
Perform pre-design investigations to establish appropriate guidelines around which and within which the project is to be designed. Identify design issues relating to functional needs, space allocation, directives and constraints imposed by regulatory codes.
Architectural Program to include but not be limited to:
A Project Program Summary that is inclusive of a Detailed Project Program and Design Criteria, as well as Spatial Adjacency Diagrams.
Hold informational meetings if requested by City.
Conduct architectural program meeting with the City’s Facilities Team which is to include establishment of the Sustainable Design Goals for the project. Prepare a Sustainable Design Checklist.
Review the physical site and the Initial Construction Cost Budget and other information/data relating to the project or the requirements of the project as provided by the City and confirm that the scope and features of the project as described in the Initial Construction Cost Budget and other City provided information/data are reasonable for achieving the City’s project objectives. Bridging Architect/Engineer shall notify the City in writing if, in its professional opinion, the City’s Initial Construction Cost Budget is inadequate to achieve the City’s project objectives.
Adjust and refine the Initial Construction Cost Budget (ICCB), see Exhibit “G”, based on the input from City, City Representatives and overall program goals and needs that became more defined during the programming phase. Produce an Initial Construction Cost Estimate (ICCE) based on current market conditions for review and approval by the City. This estimate shall include a design contingency of ten percent (10%). Upon written confirmation by the City this ICCE will be designated as the Approved Construction Cost Budget (ACCB). This ACCB will then be utilized as the basis for the preparation of the subsequent Revised Construction Cost Estimates (RCCE) to be prepared by the Bridging Design Team.
The Initial Construction Cost Budget (ICCB), as identified in Exhibit “G”, will then be superseded, at the completion of the Programming Phase of services, by the Approved Construction Cost Budget (ACCB).
All required Estimates to be prepared by the Bridging Architect/Engineer are to be delivered to the City or its authorized representative no later than seven (7) calendar days after the Bridging Architect/Engineer has submitted the respective deliverables for the corresponding phase of services.
Architectural Program Deliverables
One (1) electronic file of all required documents and drawing sets, one (1) unbound half size copy and two (2) full size bound copies of drawings and plan sets One (1) copy of the Revised Construction Cost Estimate.
Electronic copy of all deliverables shall be submitted to the City. The format which these documents shall be submitted will be limited to the following unless otherwise approved by the City:
Drawings Revit or Equivalent (to be established by City) and PDF Narratives MS Word
Specifications MSWord
Spread Sheets MS Excel
Cost Estimates PDF & MS Excel
Schedules Microsoft Project & PDF
The Architect shall produce the design drawings in Revit or AutoCAD and shall export the file to AutoCAD 2016 version and PDF.
Project Cessation Provisions
Upon completion and review of the Architectural Program, Bridging Architect/Engineer shall neither perform nor charge for further work unless and until the City has approved this phase as complete and has given a written Notice to Proceed to Bridging Architect/Engineer for the Schematic Design Phase.
Design Services
Conceptual/Schematic Design Phase
Upon written authorization from the City to proceed with the Schematic Design Phase, based upon accepted deliverables from the preceding phase, the Bridging Architect/Engineer shall prepare for the City’s review a Schematic Design, containing the following items as applicable to the project scope, as follows:
Within the first two weeks following the start of Schematic Design, meet with the City and its representatives to further prepare and/or revise the scope of work list and general work plan from the Programming Phase, for documentation in a computer-generated project schedule.
The scope of work list and work plan will identify specific tasks including, but not limited to: interviews, data collection, analysis, report preparation, development of a minimum of two (2) schematic design options for City review and selection of preferred scheme, and estimating that are part of the work of the project. Also identified will be milestone activities or dates, specific task responsibilities of the Bridging Design Team, required completion times necessary for the review and approval by the City and by pertinent regulatory agencies and additional definition of deliverables.
Review the developed work plan with the City and its representatives to familiarize them with the proposed tasks and schedule and develop necessary modifications for review and acceptance by the City.
Architectural Plans shall include at least the following elements:
Scaled floor plans showing overall dimensions, identifying the various major areas and their relationship and layouts of major elements and equipment.
Indicate on the floor plans each space square footage area and program space identification for tracking purposes.
Concept building exterior elevations and sections in enough detail to demonstrate design concept.
Architectural site plan showing landscape and hardscape elements, orientation of the field and services areas. Site plan is also to include points of service for major utility elements. Provide a dimensioned site plan.
Identify minimum finish requirements, including ceiling, floors, walls, doors, windows and types of door hardware.
Identify code requirements and include occupancy classification(s) and type of construction for each significant area of the project.
Performance Specifications.
Structural Plans shall include at least the following elements:
Layout structural systems with dimensions and floor elevations. Provide proposed structural framing plan to match architectural plans.
Identify potential foundation systems reference soils report if major soil enhancements or export/import work is anticipated.
Performance Specifications.
Mechanical Plans shall include at least the following elements:
State the design conditions including indoor and outdoor temperatures, relative humidity for summer and winter conditions, filtration and ventilation requirements, personnel loads, and special equipment loads, if any.
Plumbing systems requirements including fixture types, water conservation, reclaimed water use, equipment types Plumbing system narrative description.
Plumbing Performance Specifications.
Preliminary Fire Protection Plans (including site, fire protection systems, densities, flow test).
Fire Protection Performance Specifications.
Electrical Plans shall include at least the following elements:
Design Criteria (including type of fixtures, lighting level requirements).
Definition/Location of primary service.
Electrical Systems Description
Performance standards and outline specifications for City Low Voltage Systems, including but not limited to Data, A/V, Telecommunication, Fire Alarm and Security Systems. 5) Incorporate Commissioning and Transition plans critical to ensure successful integration and implementation of the associated systems and equipment.
Calculate overall approximate electrical loads.
Identify proposed electrical system for service, power, lighting, low voltage and communication loads. Show proposed connection point to existing campus electrical service and low-voltage systems and verify that existing service has adequate capacity for project.
Performance Specifications.
Civil Plans shall include at least the following elements:
Define and locate off site utility systems such as water, sewer, storm drain, firewater lines and fire hydrants.
Identify surface improvements including walkways, preliminary finish grades, sewer and storm drainage systems.
Coordinate preliminary finish grade elevations with Architectural site and building plans.
Coordinate location of elements with the Architectural Site Plan and Architectural dimensioned site plan.
Landscaping Plans shall include at least the following elements:
For all exterior areas within fifteen feet of the building perimeter at a minimum, or for all exterior areas included in the description of “the project” as provided by the City and as further developed during the programming activities, develop and coordinate landscape design concepts entailing analysis of existing conditions, proposed components and how the occupants will use the facility. Include locations and descriptions of plant materials, ground (hardscape) improvements, irrigation systems (including power and piping requirements), and visual barriers.
Basis of Design:
Prepare a descriptive narrative of all aspects of the project. The Basis of Design document will establish the design intent for Site work, Landscaping, Structural Systems, Building Exterior Enclosure Systems, Finishes, Vertical Conveying Systems, Heating, Ventilating and Air Conditioning, Plumbing and Fire Protection, Electrical Systems, Security, and Telecommunications Systems. 2) During the Schematic Design Phase, work with the City, Program Manager, and Maintenance & Operations managers to present recommendations for the most ideal option for each of the systems and other significant building systems as identified by the Bridging Architect based on the specific features of the project. j. Phasing Planning:
1) Refer to Exhibit G SECTION 3.0 Overview of services to be provided under this RFP, attached as Exhibit “G” for additional information. k. Revised Construction Cost Estimate (RCCE):
1) Schematic Estimates: This estimate consists of unit cost applied to the major items and quantities of work. The unit cost shall reflect the complete direct current cost of work. Complete cost includes labor, material, waste allowance, sales tax and subcontractor's mark- up.
General conditions shall be applied separately. This estimate shall be prepared by specification section and summarized by the Construction Specification Institute (CSI) categories.
The estimate shall separate the project's building cost from site and utilities cost. Bridging Architect/Engineer shall submit to the City the cost estimating format for prior review and approval.
Escalation: All estimates shall be priced out at current market conditions. The estimates shall incorporate all adjustments as appropriate, relating to mid-point construction, contingency, and cost index (i.e. Lee Saylor Index).
The Revised Construction Cost Estimate (RCCE) for the project must at no point exceed the City’s Approved Construction Budget for the project.
At the conclusion of the Schematic Design Phase of Bridging Design team’s work, the following steps will be taken to reconcile the accuracy of the Revised Construction Cost Estimate (RCCE) prepared by the Bridging Architect/Engineer. However, at all times the accuracy of the Revised Construction Cost Estimate (RCCE) remains the responsibility of the Bridging Architect/Engineer:
The City will review the Revised Construction Cost Estimate (RCCE) for general compliance with the City’s project scope and budget.
The Schematic Phase Revised Construction Cost Estimate (RCCE) shall include a design contingency of ten percent (10%) applied to the total of hard construction cost and contractor mark-ups, but prior to any project contingencies or inflation in the cost estimate.
If the total construction cost shown in the Schematic Phase Revised Construction Cost Estimate (RCCE) exceeds the Approved Construction Cost Budget, Bridging Architect/Engineer shall prepare and make recommendations for changes to the project scope, quality, or features to bring the project within budget. Bridging Architect/Engineer shall make all changes and revisions to the schematic design documents after said changes are approved by the City, at no additional cost to the City.
All required Estimates to be prepared by the Bridging Architect/Engineer are to be delivered to the City or its authorized representative no later than seven (7) calendar days after the Bridging Architect/Engineer has submitted the respective deliverables for the corresponding phase of services. l. Meetings:
During the development of the Schematic Design it is
anticipated that numerous meetings shall be convened between the City, Program Manager and the Bridging Architect/Engineer to progress the development of the design and gain design consensus in order to deliver the project. These meetings shall be held at the City of Pomona City Hall, unless otherwise approved by the City.
The Bridging Architect/Engineer’s services include
the attendance and participation of the personnel of the Bridging Architect/Engineer and its Design Consultants for the project as directed by the City or as required by the nature of the subject matter(s) or attendees at such meetings.
Bridging Architect/Engineer along with any involved
sub-consultant(s) shall present and review with the City and, if directed, with its Council, the summary and detail of work involved in this phase.
The Bridging Architect/Engineer is to submit a
schedule identifying the minimum proposed meetings that will be required for approvals.
At the discretion of the City, the Bridging
Architect/Engineer may be requested to attend additional meetings for the purpose of presenting the project to other interested groups such as community organizations.
Schematic Design Deliverables:
Any and all deliverables required for Architectural Plans, Structural Plans, Mechanical Plans, Electrical Plans, Civil Plans, Landscaping Plans, covered under this section.
One (1) electronic file of all Project documentation. One (1) unbound half size copy and two (2) bound full size copy of all Schematic Design Plan Set Architectural and Engineering drawings.
Updated Sustainable Design Checklist.
One (1) bound copy and One (1) unbound copy of the project Basis of Design.
One (1) bound copy and One (1) unbound copy of the Revised Construction Cost Estimate.
Bridging Architect/Engineer’s statement indicating any authorized changes made to the scope of work from approved Architectural Program deliverables and the cost impact of each change for City review.
Electronic copy of all deliverables shall be submitted to the City. The format which these documents shall be submitted will be limited to the following unless otherwise approved by the City:
Drawings Revit or Equivalent (to be established by City) and PDF Format
Narratives Word
Specifications Word
Spread Sheets Excel
Cost Estimates PDF & Excel
Schedules Microsoft Project & PDF
The Architect shall produce the design drawings in Revit or AutoCAD and shall export the file to AutoCAD 2016 version and PDF.
2. Bridging Documents
Upon written authorization from the City to proceed with the Bridging Documents Phase, based upon accepted deliverables from the preceding phase, the Bridging Architect/Engineer shall perform Bridging Document Phase services for City as follows:
a. Bridging Architect/Engineer shall assemble the approved Schematic Design Documents including drawings, Performance standards, outline specifications and Basis of Design into a comprehensive package. b. Provide drawings, outline specifications and other documents that indicate the scope of work included in the bid package with sufficient detail to enable preparation of an accurate proposal by Proposing Design-Build Team and which will guide the Design-Build Team to design and construct the facility needed by the City. Included, but not limited to the following, descriptions of minimum requirements for a Bridging Documents submittal, which shall be augmented as necessary to show design intent.
1. Architectural Drawings - Floor plans that clearly show principal dimensions with enough sections and details to describe the City concept. Interior finishes, materials and systems to describe levels of quality.
2. Structural Drawings - Performance criteria such as wind load, seismic zones, any extraordinary live load requirements. Provide foundation concepts based on Geotechnical information and structural bay sizing to match architectural dimensions.
3. Mechanical and Electrical Drawings - Provide power, data, and lighting concepts, performance criteria for mechanical systems and specialty systems including data, telecommunication, security, fire alarm, and pay for parking management and equipment.
4. Civil Drawings - Provide site and grading plans that clearly show site contours and drainage, locations of all benchmarks, precise locations of all major buildings, roadways, driveways and parking areas.
5. Site utility plans that clearly show all connections to off-Site utilities, existing drainage systems and existing utilities located and sized.
6. Design-Build Outline Specifications describing the size, character and quality of the entire Project, including types of structural, mechanical, electrical, plumbing and security systems.
Design-Build Team Selection Phase:
Upon written authorization from the City to proceed with the Design-Build Team Selection Phase, based upon accepted deliverables from the preceding phase, the Bridging Architect/Engineer shall perform Bidding Phase services in conjunction with the City Program Manager for as follows:
While the project is being advertised for bids, all questions concerning intent shall be referred to the City for screening and subsequent processing by the Bridging Architect/Engineer. b. If items requiring interpretation of the drawings or specifications are discovered during the bidding period, those items shall be analyzed and resolved by the Bridging Architect/Engineer and submitted to the City for approval. Corrective action will be in the form of an addendum prepared by the Bridging Architect/Engineer and issued by the City.
The Bridging Architect/Engineer and its Design Consultants, as necessary or appropriate shall attend and participate in pre-bid meeting and job walks.
The Bridging Architect/Engineer and its Design Consultants shall participate in two (2) 4-hour work sessions with a maximum of three (3) shortlisted Design-Build teams. The work sessions will provide the Design-Build teams an opportunity to better understand the City’s Program and Design intent.
The Bridging Architect/Engineer shall assist the City with the evaluation of the Design-Builder’s proposals by providing both technical reviews for compliance with the Bridging Design documents and aesthetic reviews relating to integration with current campus buildings.
Construction Document Review Phase:
Bridging Architect/Engineer shall provide support to the City by providing reviews of the Design-Builder’s Construction Documents for compliance with the Bridging Design documents and meeting the Design Intent as follows:
The Bridging Architect/Engineer shall provide periodic reviews of the design documents prepared by the Design/Builder’s design team. The Bridging Architect/Engineer shall be available to respond to questions by the Design-Builder as they complete the facility design. The Bridging Architect/Engineer’s team shall review and prepare comments on the Design-Builder’s design and engineering calculations at the Design Development, 50% and 100% Construction Document phases. The review shall assure the City the proposed design conforms to the Design Intent as expressed in the Bridging Documents and the projects aesthetics fit within the surrounding design fabric.
Construction Phase:
As the Construction Administration Phase progresses, the Bridging Architect/Engineer shall perform the following during the Construction Phase services for the City as required:
Bridging Architect/Engineer shall review and approve or take other appropriate action upon contractor's submittals which are substitutions from Bridging Documents but only for the limited purpose of checking for conformance with the approved Construction Documents prepared by the Design-Builder. The Bridging Architect/Engineer’s action upon contractor’s submittals shall be taken as expeditiously as possible so as to cause no unreasonable delay in the project or in the work of separate contractors, while allowing sufficient time in the Bridging Architect’s professional judgment to permit adequate review. In no case shall the review period associated with a single, submittal exceed fourteen (14) calendar days from its receipt by the Bridging Architect/Engineer.
During construction, all Requests for Information (RFI) must be responded to as expeditiously as possible so as not to impact and delay the construction progress. In no case shall the review period associated with an RFI exceed seven (7) calendar days from the receipt by the Bridging Architect/Engineer.
Bridging Architect/Engineer shall review a complete set of warranty documents for all equipment and installed systems, to ensure that they meet the requirements of the plans and specifications.
Bridging Architect/Engineer shall also provide, at the City’s request, architectural and/or engineering advice to the City on start-up, break-in, and debugging of facility systems and equipment and apparent deficiencies in construction following the acceptance of the contractor's work.
Consult with Construction Manager upon Contractor’s submittal of their final retention release pay application and verify all conditions of project completion have been satisfied.
Only after all these steps are completed, the Bridging Architect/Engineer shall receive his final payment for services (5% of architectural fees) earned.
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EXHIBIT “B”
CRITERIA AND BILLING FOR EXTRA WORK
The following extra services to the Agreement shall be performed by Bridging Architect/Engineer if needed and requested by the City.
Making revisions in drawings, specifications, or other documents when such revisions are:
Inconsistent with approvals or instructions previously given by the City.
Required by the enactment or revisions of codes, laws, or regulations subsequent to the preparation of the final construction documents.
Due to changes required as a result of the City’s failure to respond to a written request from the Bridging Architect within a reasonable time, as requested by Bridging Architect.
Providing services required because of significant documented changes in the project initiated by the City, including but not limited to size, quality, complexity, the City’s schedule, or method of bidding or negotiating and contracting for construction.
Providing consultation concerning replacement of work damaged by fire or other cause during construction and furnishing services required in connection with replacement of such work.
Providing services made necessary by the default of the contractor, by major defects or deficiencies in the work of the contractor, or, in the absence of a final Certificate of Payment or Notice of Completion, more than sixty (60) days after the date of completion of work by the contractor.
Except as included in the description of Basic Services for the project, providing artwork, renderings, computer generated virtual project tours, models, mock-ups, or other items the City may request for presentation or demonstration purposes.
When time permits and when scope of services is quantifiable, Bridging Architect/Engineer shall provide a lump sum fee proposal for the City’s review and approval and shall obtain said approval for extra work prior to commencing any such work. When the City agrees that time and/or scope definition issues preclude the preparation of a fair and reasonable proposal the Bridging Architect/Engineer may be directed to proceed on an add service work based on the time and material provisions stated below.
1. The following rates which include overhead, administrative cost and profit shall be utilized in arriving at the fee for extra services.
Provide hourly rates for Bridging Architect/Engineer’s employees, in accordance with rates for year 2019/2020 and provide for the below positions. The City and Program Manager shall review and approve hourly rates prior to the execution of this agreement. Additional rates may be requested based on the makeup of the Bridging Architect /Engineering Team and will be reviewed prior to the execution of his agreement. Approved rates shall become part of this agreement as EXIHIBIT H. These fees shall govern the payment for the performance of any extra work or services:
Position
Principal
Associate Principal Project Director
Senior Project Manager Specifications Writer Senior Architect Staff Technician
Project Administrator
Consulting Civil Engineer
Consulting Electrical Engineer
Consulting Mechanical Engineer
Consulting Structural Engineer
The hourly rates of any consultant for the performance of any extra work or services and shall include direct cost plus a 10% administration fee/mark-up fee.
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EXHIBIT “C”
SCHEDULE OF WORK
Promptly after the execution of the Agreement, the Bridging Architect/Engineer shall prepare and submit for approval to the City a Schedule of Work showing the order in which Bridging Architect/Engineer proposes to carry out Bridging Architect/Engineer’s work. The schedule shall apply to the completion of all services listed hereunder within the times established herein. The Schedule shall be in the form of a progress chart clearly delineating all important increments and review dates.
Bridging Architect/Engineer shall complete all work and services required under the Development of Architectural Program Section, Phases 1 and 2 Project Initiation & Program Development within 30 calendar days after written authorization from City to proceed.
Bridging Architect shall complete all work and services required under Phase 3 Conceptual/Schematic Design Section within 120 calendar days after written authorization from City to proceed.
Bridging Architect shall complete all work and services required under the Phase 4 Bridging Document Section within 60 working days after receipt of a written authorization from City to proceed with this phase of work.
The durations stated above exclude the review periods required by the City and all other regulatory agencies.
All times to complete tasks set forth in this Exhibit are of the essence, as indicated in the Agreement. If delays in the schedule are imposed by the City’s inability to comply with requested meeting schedules, Bridging Architect shall maintain the right to request an adjustment in schedule if deemed necessary to meet the deadlines set forth in this Exhibit. If approved, such extensions shall be authorized in writing by the City.
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EXHIBIT “D” PAYMENT SCHEDULE
Compensation
The payments to Bridging Architect/Engineer as provided herein shall be full compensation for all of Bridging Architect/Engineer’s work incurred in the performance hereof, including, without limitation, all costs for personnel, travel, offices, printing of deliverables in the quantities set forth in Exhibit “A”, providing and/or shipping of deliverables or any other items, per diem expenses, or any other direct or indirect expenses incident to providing the services. Except as expressly set forth in the Agreement and Exhibit “B”, there shall be no payment for extra costs or expenses.
The amount of compensation shall be based upon the following percentage for each phase contemplated under the Agreement.
Phase Amount
Basic Services/Architectural Programming:
10%
Conceptual/Schematic Design Phase:
40%
Bridging Document Phase:
10%
Design/Builder Selection Phase:
5%
Construction Document Review:
15%
Construction Phase:
15%
Close Out:
5%
100%
Method of Payment
Invoices shall be on a form and in the format provided by the City. PO number is required on all invoices submitted to the City via the City’s authorized representative.
Bridging Architect/Engineer shall submit to City on a monthly basis documentation showing proof that payments were made to his/her sub-consultant(s).
Bridging Architect/Engineer shall submit to the City for approval a copy of the Bridging Architect/Engineer’s monthly pay request format.
Upon receipt and approval of Bridging Architect/Engineer’s invoices, the City agrees to make payments within thirty (30) days of receipt of the invoice as follows:
a. Architectural Programming through Design-Build Construction Document Review Phases: Monthly payments for Architectural programming phase, through Design-Builder Construction Document Review phases shall be for the work completed up to eighty percent (80%) of the total fee based on the percentage of work completed of each phase. b. For Construction Phase: Monthly payments for the percentage of work completed based upon the approved percentage of completion of construction indicated in the Design/Build team’s monthly pay request. Should the duration of the project extend more than four (4) weeks beyond what is stipulated by the Project Manual for reasons not related to the Bridging Architect/Engineer’s performance or errors or omissions in the documents, the Bridging Architect/Engineer may invoice for any remaining Construction Administration services beyond the (4) four- week time extension on a Time and Material basis. Bridging Architect/Engineer shall prepare an estimate of remaining time, services, deliverables and associated cost to the City for its review and approval prior to commencement of the Time and Materials work. c. For Close Out Phase: Lump sum payment thirty (30) days after both the recording of a Notice of Completion and upon approval of the project by all applicable regulatory agencies including but not limited to the County of Los Angeles.
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EXHIBIT "E"
INSURANCE REQUIREMENTS FOR BRIDGING ARCHITECT/ENGINEER
Bridging Architect/Engineer 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 the Bridging Architect/Engineer, his agents, representatives, employees, consultants and sub-consultant(s).
Minimum Scope of Insurance: Coverage shall be at least as broad as:
Commercial General Liability coverage.
Commercial Automobile Liability, any auto.
Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
Professional Liability Insurance as appropriate to the Architect/Engineer’s profession.
Minimum Limits of Insurance:
Within ten (10) days of signing of the Agreement the Bridging Architect/Engineer shall maintain limits no less than:
General Liability: Two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
Professional Liability: Bridging Architect/Engineer shall provide insurance covering the prime design professional and his/her sub consultant(s) for one million dollars ($1,000,000) aggregate limit subject to no more than seventy-five thousand dollars ($75,000) per claim deductible, coverage to continue through substantial completion of construction plus two years thereafter e. Excess/Umbrella Liability: Three million dollars ($3,000,000) per occurrence.
2. The City reserves the right to modify the limits and coverages described herein, with appropriate credits or changes to be negotiated for such changes.
Deductibles and Self-Insured Retention: Any deductibles or self- insured retention exceeding $25,000 must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or the Bridging Architect/Engineer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
The City, the Program Manager, their representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Bridging Architect/Engineer; instruments of service and completed operations of the Bridging Architect/Engineer; premises owned, occupied or used by the Bridging Architect/Engineer; or automobiles owned, leased, hired or borrowed by the Bridging Architect/Engineer. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds.
For any claims related to this project, the Bridging Architect/Engineer’s insurance coverage shall be primary insurance as respects to the Additional Insureds. Any insurance or self- insurance maintained by the Additional Insureds shall be in excess of the Bridging Architect/Engineer’s insurance and shall not contribute with it.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
The Bridging Architect/Engineer’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers: Insurance is to be placed with insurers admitted in California with a current A.M. Best's rating of no less than A:7.
Verification of Coverage: Bridging Architect/Engineer shall furnish the City with:
Certificates of insurance showing maintenance of the required insurance coverage; Original endorsements affecting general liability and automobile liability coverage. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
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EXHIBIT “F”
BRIDGING ARCHITECT/ENGINEER FEE BASIS
The basis for the Total Lump Sum Fixed Fee to be paid as compensation to the Bridging Architect/Engineer to perform all of the work, services, and consulting and to provide all deliverables noted within the Agreement and the referenced Exhibits A-H shall be in accordance with the following schedule:
1. Basic Services
2. Architectural Programming:
A. Project Initiation
B. Development of Architectural Program
C Architectural Program Deliverables
3. Design Services:
A. Conceptual Schematic Design
B. Bridging Documents
C. Design / Build Selection Phase
D. Construction document Review
E. Construction Phase
The Total Lump Sum Fixed Fee is inclusive of all Project related costs, pursuant to Article 5 of the RFP XXXX End of Page
EXHIBIT “G”
REQUEST FOR PROPOSAL
NO. XXXX
BRIDGING ARCHITECTURE DESIGN SERVICES FOR CITY OF POMONA DOWNTOWN PARKING STRUCTURE This Request for Proposal No. XXXX for Bridging Architectural Design Services for Downtown Parking Structure dated XXXX XX, XXXX in its entirety is to be included as part of the awarded executed agreement. In the event there are conflicts between the RFP and the ultimate signed contract, the contract will control.
EXHIBIT “H”
APPROVED HOURLY RATES FOR DESIGN COSULTANTS
Approved Rate sheet to be inserted upon execution of Agreement EXHIBIT “I”
BRIDGING ARCHITECT / ENGINEERING TEAM PROPOSAL
RFP RESPONSE
To be inserted as part of the executed Agreement
21 90
City of Pomona – Request for Proposal
Architectural Design Services, RFP No: 2024.14
Attachment No. 1
City of Pomona – Request for Proposal
Title, RFP No: 2024.14